Florida Senate - 2020                                    SB 1654
       By Senator Mayfield
       17-01062B-20                                          20201654__
    1                        A bill to be entitled                      
    2         An act relating to biosolids management; creating s.
    3         403.08715, F.S.; providing legislative findings;
    4         defining the term “biosolids”; prohibiting the
    5         department from issuing or renewing certain permits
    6         after a specified date; prohibiting the land
    7         application of biosolids on certain sites after a
    8         specified date; authorizing municipalities and
    9         counties to enforce or extend certain ordinances,
   10         regulations, resolutions, rules, moratoriums, or
   11         policies regarding the land application of biosolids;
   12         directing the department to initiate rulemaking by a
   13         specified date, adopt specified rules for biosolids
   14         management, and implement a specified water quality
   15         monitoring program; providing applicability; providing
   16         an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 403.08715, Florida Statutes, is created
   21  to read:
   22         403.08715Biosolids management.—
   23         (1)LEGISLATIVE FINDINGS.—The Legislature finds that it is
   24  in the best interest of the state to:
   25         (a)Regulate biosolids management to minimize the migration
   26  of nutrients, nitrogen, and phosphorus that impair or contribute
   27  to the impairment of water bodies.
   28         (b)Expedite implementation of the recommendations of the
   29  Biosolids Technical Advisory Committee, which include permitting
   30  based on site-specific application conditions, increased
   31  inspection frequencies, groundwater and surface water monitoring
   32  protocols, and nutrient management research to improve the
   33  management of biosolids and protect this state’s water resources
   34  and water quality.
   35         (c)Expedite the implementation of biosolids processing
   36  innovative technologies as a means to improve biosolids
   37  management and protect water resources and water quality.
   38         (2)DEFINITION.—As used in this section, the term
   39  “biosolids” has the same meaning as in s. 373.4595(2).
   41         (a)Beginning July 1, 2020, the department may not issue a
   42  new permit or renew an existing permit for the land application
   43  of biosolids for any site where the biosolids application zone
   44  interacts with the seasonal high water table.
   45         (b)Beginning July 1, 2021, the land application of
   46  biosolids is prohibited on any site where the biosolids
   47  application zone interacts with the seasonal high water table.
   48         (c)A municipality or county may enforce or extend an
   49  ordinance, regulation, resolution, rule, moratorium, or policy
   50  adopted before November 1, 2019, relating to the land
   51  application of Class B biosolids until the ordinance,
   52  regulation, resolution, rule, moratorium, or policy is repealed
   53  by the municipality or county.
   54         (4)RULEMAKING.—
   55         (a)For sites that are not subject to the prohibitions
   56  imposed under subsection (3), the department shall adopt rules
   57  for biosolids management to:
   58         1.Permit the use of biosolids in a manner that minimizes
   59  the migration of nutrients and that does not impair or add to
   60  the impairment of surface water and groundwater quality,
   61  including:
   62         a.Site-specific land application rates of biosolids based
   63  on soil characteristics, soil adsorption capacity, water table
   64  characteristics, hydrogeology, site use, and distance to surface
   65  water;
   66         b.An evaluation of the percentage of water-extractable
   67  phosphorus in all biosolids to inform the appropriate
   68  application rate; and
   69         c.Criteria for low-, medium-, and high-risk sites which
   70  guide application practices and required water quality
   71  monitoring.
   72         2.Establish site-specific groundwater and surface water
   73  monitoring requirements.
   74         (b)The department shall initiate rulemaking by August 1,
   75  2020.
   76         (5)WATER QUALITY MONITORING.—The department shall
   77  implement an offsite water quality monitoring program sufficient
   78  to determine impacts from the land application of biosolids on
   79  downstream and nearby surface water and groundwater quality.
   80         (6)APPLICABILITY.—
   81         (a)This section does not conflict with or supersede s.
   82  373.4595 or s. 373.811.
   83         (b)This section does not apply to Class AA biosolids that
   84  are marketed and distributed as fertilizer products in
   85  accordance with department rule.
   86         Section 2. This act shall take effect upon becoming a law.