Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1278
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Mayfield) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 403.0616, Florida Statutes, is created
    6  to read:
    7         403.0616Real-time water quality monitoring program.–
    8         (1) Subject to appropriation, the department shall
    9  establish a real-time water quality monitoring program to assist
   10  in the restoration, preservation, and enhancement of impaired
   11  water bodies and coastal resources.
   12         (2)In order to expedite the creation and implementation of
   13  the program, the department is encouraged to form public-private
   14  partnerships with established scientific entities with existing,
   15  proven real-time water quality monitoring equipment and
   16  experience in deploying such equipment.
   17         Section 2. Section 403.08715, Florida Statutes, is created
   18  to read:
   19         403.08715Biosolids management.—
   20         (1)LEGISLATIVE FINDINGS.-The Legislature finds it is in
   21  the best interest of the state to:
   22         (a)Regulate biosolids management to minimize the migration
   23  of nutrients that impair or contribute to the impairment of
   24  water bodies.
   25         (b)Expedite implementation of the recommendations of the
   26  Biosolids Technical Advisory Committee, which includes
   27  permitting based on site-specific application conditions,
   28  increased inspection frequencies, groundwater and surface water
   29  monitoring protocols, and nutrient management research to
   30  improve the management of biosolids and protect this state’s
   31  water resources and water quality.
   32         (c)Expedite the implementation of biosolids processing
   33  innovative technologies as a means to improve biosolids
   34  management and protect water resources and water quality.
   35         (2)DEFINITION.—As used in this section, the term
   36  “biosolids” has the same meaning as in s. 373.4595(2).
   38         (a)Beginning July 1, 2020, the land application of
   39  biosolids is prohibited on any site where the biosolids
   40  application zone interacts with the seasonal high water table.
   41         (b)The department may not issue a new permit or renew an
   42  existing permit for the land application of biosolids for any
   43  site where the land application of biosolids is prohibited
   44  pursuant to paragraph (a).
   45         (4)RULEMAKING.—
   46         (a)For sites that are not subject to the prohibition under
   47  subsection (3), the department shall adopt rules for biosolids
   48  management to:
   49         1.Permit the use of biosolids in a manner that minimizes
   50  the migration of nutrients and that prevents impairment of
   51  surface water and groundwater quality, including:
   52         a.Site-specific land application rates of biosolids based
   53  on soil characteristics, soil adsorption capacity, water table
   54  characteristics, hydrogeology, site use, and distance to surface
   55  water;
   56         b.An evaluation of the percentage of water-extractable
   57  phosphorus in all biosolids to inform the appropriate
   58  application rate;
   59         c.Criteria for low-, medium-, and high-risk sites that
   60  guide application practices and required water quality
   61  monitoring; and
   62         d.Site-specific agronomic rates based on soil and plant
   63  tissue tests. The application volume is limited to the amount
   64  necessary to meet the agronomic need demonstrated by the soil
   65  and plant tissue test.
   66         2.Establish site-specific groundwater and surface water
   67  monitoring requirements.
   68         (b)The department shall initiate rulemaking by August 1,
   69  2019.
   70         (5)WATER QUALITY MONITORING.—The department shall
   71  implement an offsite water quality monitoring program sufficient
   72  to determine impacts from the land application of biosolids on
   73  downstream and nearby surface water and groundwater quality.
   74         (6)APPLICABILITY.—
   75         (a)This section does not conflict with or supersede s.
   76  373.4595 or s. 373.811.
   77         (b)This section does not apply to Class AA biosolids that
   78  are marketed and distributed as fertilizer products in
   79  accordance with department rule.
   80         (c)1.An ordinance, moratorium, or regulation adopted by a
   81  municipality or county before February 1, 2019, relating to the
   82  land application of Class B biosolids shall remain in effect
   83  until the ordinance, moratorium, or regulation is repealed by
   84  the municipality or county or until the effective date of the
   85  rules adopted by the department pursuant to subsection (4).
   86         2.This section does not limit the ability of a
   87  municipality or county to extend an ordinance, moratorium,
   88  resolution, or regulation adopted before February 1, 2019,
   89  relating to the land application of Class B biosolids until the
   90  effective date of the rules adopted by the department pursuant
   91  to subsection (4).
   92         Section 3. This act shall take effect July 1, 2019.
   94  ================= T I T L E  A M E N D M E N T ================
   95  And the title is amended as follows:
   96         Delete everything before the enacting clause
   97  and insert:
   98                        A bill to be entitled                      
   99         An act relating to biosolids management; creating s.
  100         403.0616, F.S.; requiring the Department of
  101         Environmental Protection, subject to appropriation, to
  102         establish a real-time water quality monitoring
  103         program; encouraging the formation of public-private
  104         partnerships; creating s. 403.08715, F.S.; providing
  105         legislative findings; defining the term “biosolids”;
  106         prohibiting the land application of biosolids on
  107         certain sites; prohibiting the department from issuing
  108         or renewing certain permits; directing the department
  109         to initiate rulemaking by a specified date, adopt
  110         specified rules for biosolids management, and
  111         implement a specified water quality monitoring
  112         program; providing applicability; providing an
  113         effective date.