Florida Senate - 2019                      CS for CS for SB 1278
       By the Committees on Appropriations; and Environment and Natural
       Resources; and Senator Mayfield
       576-04620-19                                          20191278c2
    1                        A bill to be entitled                      
    2         An act relating to biosolids management; creating s.
    3         403.0616, F.S.; requiring the Department of
    4         Environmental Protection, subject to appropriation, to
    5         establish a real-time water quality monitoring
    6         program; encouraging the formation of public-private
    7         partnerships; creating s. 403.08715, F.S.; providing
    8         legislative findings; defining the term “biosolids”;
    9         prohibiting the land application of biosolids on
   10         certain sites; prohibiting the department from issuing
   11         or renewing certain permits; directing the department
   12         to initiate rulemaking by a specified date, adopt
   13         specified rules for biosolids management, and
   14         implement a specified water quality monitoring
   15         program; providing applicability; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 403.0616, Florida Statutes, is created
   21  to read:
   22         403.0616Real-time water quality monitoring program.—
   23         (1) Subject to appropriation, the department shall
   24  establish a real-time water quality monitoring program to assist
   25  in the restoration, preservation, and enhancement of impaired
   26  water bodies and coastal resources.
   27         (2)In order to expedite the creation and implementation of
   28  the program, the department is encouraged to form public-private
   29  partnerships with established scientific entities with existing,
   30  proven real-time water quality monitoring equipment and
   31  experience in deploying such equipment.
   32         Section 2. Section 403.08715, Florida Statutes, is created
   33  to read:
   34         403.08715Biosolids management.—
   35         (1)LEGISLATIVE FINDINGS.—The Legislature finds it is in
   36  the best interest of the state to:
   37         (a)Regulate biosolids management to minimize the migration
   38  of nutrients, nitrogen, and phosphorus that impair or contribute
   39  to the impairment of water bodies.
   40         (b)Expedite implementation of the recommendations of the
   41  Biosolids Technical Advisory Committee, which includes
   42  permitting based on site-specific application conditions,
   43  increased inspection frequencies, groundwater and surface water
   44  monitoring protocols, and nutrient management research to
   45  improve the management of biosolids and protect this state’s
   46  water resources and water quality.
   47         (c)Expedite the implementation of biosolids processing
   48  innovative technologies as a means to improve biosolids
   49  management and protect water resources and water quality.
   50         (2)DEFINITION.—As used in this section, the term
   51  “biosolids” has the same meaning as in s. 373.4595(2).
   53         (a)Beginning July 1, 2019, the department may not issue a
   54  new permit or renew an existing permit for the land application
   55  of biosolids for any site where the land application of
   56  biosolids is prohibited pursuant to paragraph (b).
   57         (b)Beginning July 1, 2020, the land application of
   58  biosolids is prohibited on any site where the biosolids
   59  application zone interacts with the seasonal high water table.
   60         (4)RULEMAKING.—
   61         (a)For sites that are not subject to the prohibitions
   62  imposed under subsection (3), the department shall adopt rules
   63  for biosolids management to:
   64         1.Permit the use of biosolids in a manner that minimizes
   65  the migration of nutrients and that does not impair or add to
   66  the impairment of surface water and groundwater quality,
   67  including:
   68         a.Site-specific land application rates of biosolids based
   69  on soil characteristics, soil adsorption capacity, water table
   70  characteristics, hydrogeology, site use, and distance to surface
   71  water;
   72         b.An evaluation of the percentage of water-extractable
   73  phosphorus in all biosolids to inform the appropriate
   74  application rate; and
   75         c.Criteria for low-, medium-, and high-risk sites that
   76  guide application practices and required water quality
   77  monitoring.
   78         2.Establish site-specific groundwater and surface water
   79  monitoring requirements.
   80         (b)The department shall initiate rulemaking by August 1,
   81  2019.
   82         (5)WATER QUALITY MONITORING.—The department shall
   83  implement an offsite water quality monitoring program sufficient
   84  to determine impacts from the land application of biosolids on
   85  downstream and nearby surface water and groundwater quality.
   86         (6)APPLICABILITY.—
   87         (a)This section does not conflict with or supersede s.
   88  373.4595 or s. 373.811.
   89         (b)This section does not apply to Class AA biosolids that
   90  are marketed and distributed as fertilizer products in
   91  accordance with department rule.
   92         (c)1.An ordinance, moratorium, or regulation adopted by a
   93  municipality or county before February 1, 2019, relating to the
   94  land application of Class B biosolids shall remain in effect
   95  until the ordinance, moratorium, or regulation is repealed by
   96  the municipality or county or until the effective date of the
   97  rules adopted by the department pursuant to subsection (4).
   98         2.This section does not limit the ability of a
   99  municipality or county to extend an ordinance, moratorium,
  100  resolution, or regulation adopted before February 1, 2019,
  101  relating to the land application of Class B biosolids until the
  102  effective date of the rules adopted by the department pursuant
  103  to subsection (4).
  104         Section 3. This act shall take effect July 1, 2019.