HB 1405 — Biosolids

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1405CS/HB1405 2023 A bill to be entitled An act relating to biosolids;

authorizing the department, subject to legislative appropriation, to provide grants to counties,counties special districts, and municipalities for certain wastewater conversion projects;

providing eligibility,requirements prioritization,for the prioritization and funding requirements;of such projects;

requiringamending thes. department to develop specified annual reporting requirements for counties, special districts, and municipalities awarded such grants;

403.0855, F.S.;

prohibiting the department from authorizing land application site permits for Class B biosolids within subwatersheds of certain impaired waterbodies and waterbody segments unless applicants can demonstrate that such biosolids meet certain requirements;

requiring the department to annually publish certain maps;

requiring land application site permits for Class B biosolids to meet certain requirements by specified dates;

Section 403.0674, Florida Statutes, is created toPage read:1of 5 CODING:

Words strickenare deletions;

words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1405 2023 to read:

(1) Subject to the appropriation of funds by the Legislature, the department may provide grants to counties,counties special districts, and municipalities in this state to support projects that:to construct, upgrade, expand, or retrofit domestic facilities that convert wastewater residuals to Class AA biosolids.

PageAn 1ofapplicant 4for CODING:a biosolids grant must be a county or municipal governmental entity;

however, applicants are encouraged to form public- private partnerships with private utilities and firms.

(2) In allocating grant funds, the department shall prioritize projects by considering the economic and market feasibility of each project, as well as the environmental benefit that a project may provide.

(a) To evaluate the economic and market feasibility of a project, the department shall review a detailed cost-benefit analysis for the project which includes the overall economic impact and current and future market potential of the project, including current or prospective buyers or users of the Class AA biosolids of the project.

(b) To evaluate the environmental benefit of a project, the department shall review an analysis of how the Class AA biosolids of the project are projected to minimize the migration of nutrients and other pollutants that degrade water quality.

Page 2of 5 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1405CS/HB1405 2023 (a)(3) EvaluateThe anddepartment implementshall innovativeadminister technologiesthe andgrant solutionsprogram forso that, of the disposalfunds ofmade biosolids;available each year under this section:

or(a) (b)At Construct,least upgrade,33 expand,percent oris retrofitreserved domesticfor facilitiesprojects that convert wastewater residuals tointo composted Class AA biosolids,biosolids nonfertilizerthat usesmeet orthe disposalrequirements methods,of orthe alternativesUnited toStates syntheticComposting fertilizers.Council Seal of Testing Assurance Program as being fully stabilized.

(2)(b) AnAt applicantleast 33 percent is reserved for aprojects that convert wastewater residuals into Class AA biosolids grantand musta besolution of ammonia nitrogen, a county,valuable specialalternative district,to orsynthetic municipality;nitrogen fertilizers.

however,(c) applicantsAt areleast encouraged10 topercent formis public-privatereserved partnershipsfor withprojects privatewithin utilitiesan andarea firms.designated as a rural area of opportunity under s.

(3)288.0656. Projects eligible for funding under this section may include, but are not limited to, projects that:

(a)(4) ReduceIf the amountdepartment ofdoes nutrientsnot receive sufficient applications for projects described in biosolids.subsection (3), the department may reallocate the reserved funds to other projects prioritized by the department pursuant to subsection (2).

(b)(5)(a) ReduceExcept as provided in paragraph (b), the amountdepartment shall require that each biosolids grant has a minimum of emerginga contaminants50 inpercent biosolids.funding match from local, state, federal, or private funds.

(c)(b) ProvideThe alternativesdepartment tomay thewaive, landin applicationwhole or landfillingin ofpart, biosolidsthe funding match requirement in paragraph (a) for proposed projects within an area designated as a methodrural area of disposal.opportunity under Page 3of 5 CODING:

(4) In allocating grant funds, the department shall prioritize projects by considering the environmental benefit that a project may provide.

To evaluate the environmental benefit of a project, the department shall review an analysis of how the project's conversion of wastewater residuals to Class AA biosolids, nonfertilizer uses or disposal methods, alternatives to synthetic fertilizers derived from wastewater residuals, or innovative technologies and solutions for the disposal of Page 2of 4 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1405CS/HB1405 2023 biosolidss. are projected to minimize the impact of nutrients and other pollutants on water quality and the environment.

(5) The department shall administer the grant program so that at least 10 percent of the funds made available each year under this section are reserved for projects within an area designated as a rural area of opportunity under s.

IfSection the2. department does not receive sufficient applications for projects within an area designated as a rural area of opportunity, the department may reallocate the reserved funds to other projects prioritized by the department pursuant to subsection (4).

(6)(a)Subsections Except(7) asand provided(8) inare paragraphadded (b),to thesection department403.0855, shallFlorida requireStatutes, thatto eachread: biosolids grant has a minimum of a 50 percent funding match from local, state, federal, or private funds.

(b)403.0855 Biosolids management.— (7) The department may waive,not inauthorize wholea orland inapplication part,site thepermit fundingfor matchClass requirementB inbiosolids paragraphwithin (a)the forsubwatershed proposedof projectsa withinwaterbody anor areawaterbody designatedsegment listed as aimpaired ruralfor areanitrogen ofor opportunityphosphorus underpursuant to s.

288.0656.403.067 or within an adjoining upstream subwatershed containing surface waters that flow to a waterbody listed as impaired for nitrogen or phosphorus pursuant to s.

(7)403.067 Theunless departmentthe shallapplicant developaffirmatively annualdemonstrates reportingthat requirements for each county, special district, or municipality awarded a grant under this section which must include the phosphorousphosphorus and nitrogen content,in thesuch type,biosolids andwill thenot amountadd ofto eachthe grant-fundednutrient productload derivedin from wastewater residuals and the buyersimpaired andsubwatershed. users of such products.

PageThis 3ofdemonstration 4must CODING:be based on achieving a net balance between nutrient imports relative to exports on the permitted land application site.

Exports may only include nutrients removed from the subwatershed through products generated on the permitted land application site.

Beginning November 1, 2023, and each November 1 thereafter, the department shall publish updated maps designating the subwatersheds of waterbodies protected under this subsection.

(8) New or renewed land application site permits for Class B biosolids issued after November 1, 2023, must meet the requirements of subsection (7) by July 1, 2024.