HB 1245 — Biosolids Management

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/HBCS/HB 1245 2026 A bill to be entitled An act relating to biosolids management;

prohibiting the land application of bulk Class AA biosolids fertilizer and compost products from exceeding the appropriate agronomic rate;

specifyingrequiring requirements for the management of the land application ofsite bulkoperator Classto AAmaintain biosolidsapplication fertilizerrecords; and biosolids compost products at or below the agronomic rate;

definingrequiring the termUniversity "agronomicof rate";Florida's Institute of Food and Agricultural Sciences to publish and make publicly available recommended agronomic rates for the reuse of bulk Class AA biosolids fertilizer and compost products, based on certain criteria;

prohibitingauthorizing the bulk landClass applicationAA ofbiosolids or biosolids whenproducts suchto bulkbe applicationdistributed constitutesor disposal;marketed as fertilizer and land applied if specified requirements are met;

defining the term "disposal";"bona fide sale";

requiringauthorizing thebulk ownerClass orAA operatorbiosolids ofcompost certainproducts land application sites to maintainbe applicationdistributed recordsor formarketed aas specifiedsoil timeframeamendments and makeland suchapplied recordsif availablespecified torequirements theare Departmentmet; of Environmental Protection upon request;

specifyingproviding requirementsan forexception; such records;

specifyingrequiring that thecertain departmentbulk mustClass requireAA writtenbiosolids notificationcompost ofand suchfertilizer recordkeepingproducts requirements be providedland toapplied theat ownerland orapplication operatorsites ofapproved suchby land at the timeDepartment bulkof ClassEnvironmental AAProtection; biosolids are distributed for land application;

providing thatapplicability; such recordkeeping requirements do not apply to certain biosolids;

specifyingrequiring certain bulk Class AA products that are land applied on certain lands meet certain requirements forbefore theland distributionPage 1 of such4 biosolids;CODING:

requiring the department to initiate rulemaking by a specified date;

Page 1 of 7 CODING:

hb1245-02-c2hb1245-01-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/HBCS/HB 1245 2026 requiringapplication; the University of Florida Institute of Food and Agricultural Sciences, on a specified basis and beginning on a specified date, to publish and make publicly available recommended agronomic rates for the reuse of bulk Class AA biosolids fertilizer and compost products;

specifyingproviding requirementsapplicability; for such recommendations;

prohibitingproviding Classeffective AAdates. biosolids fertilizer products and certain Class AA biosolids compost products from being marketed or distributed for agricultural land application unless specified requirements are met;

prohibiting Class AA biosolids from being used for agricultural land application unless certain requirements are met;

providing an effective date.

Subsections (7) throughand (14)(8) are added to section 403.0855, Florida Statutes, to read:

403.0855 Biosolids management.— (7)(a)(7) LandThe land application of bulk Class AA biosolids fertilizer and biosolids compost products may not exceed the appropriate agronomic rate.

LandApplication applicationrecords of bulk Class AA biosolids fertilizer and biosolids compost products at or below the agronomic rate must be managedmaintained soby thatthe beneficialland reuse,application Pagesite 2operator. of 7 CODING:

(8) The University of Florida's Institute of Food and Agricultural Sciences shall, on a biennial basis, publish and make publicly available the recommended agronomic rates for the beneficial reuse of bulk Class AA biosolids fertilizer and compost products based on predominant application practices.

Section 2.

Effective July 1, 2028, subsections (9) through (13) are added to section 403.0855, Florida Statutes, as amended by this act, to read:

403.0855 Biosolids management.— (9)(a) Bulk Class AA biosolids or biosolids products may be distributed or marketed as fertilizer in accordance with chapter 576 and may be land applied if such biosolids and products are transferred pursuant to a bona fide sale as Page 2 of 4 CODING:

hb1245-02-c2hb1245-01-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/HBCS/HB 1245 2026 ratherfertilizer thanand biosolidsmeet disposal,all isapplicable thelabeling primary objective as evidenced by the manner and circumstancesregistration ofrequirements. the application.

(b) As used in this subsection,section, the term "agronomic"bona rate"fide sale" means thea nutrientsale applicationin ratewhich establishedmonetary usingconsideration generallyis accepted,paid science-basedfor nutrientthe managementbiosolids principles,fertilizer includingor recommendationsbiosolids publishedcompost byproduct, and the Universityamount ofpaid Floridabears Institutea ofreasonable Foodrelationship andto Agriculturalthe Sciences,fair whichmarket considersvalue plantof nutrientcomparable requirements;marketable fertilizer or soil-amendment products.

site-specificA characteristics,nominal includingcharge, soilan conditions;exchange arrangement, a transfer made to offset disposal costs, or a transfer in which the biosolids treatment facility compensates the recipient does not constitute a bona fide sale.

characteristicsA oftransaction thedoes biosolidsnot fertilizerconstitute a bona fide sale if its price, structure, or biosolidsassociated compostpayments products,are includingarranged nutrientfor releasethe ratespurpose andof soilavoiding amendmentcompliance functions;with paragraph (a) or subsection (10).

other(10)(a) nutrientBulk inputsClass AA biosolids compost products may be distributed or marketed as soil amendments in accordance with chapter 576 and may be land applied if such products are transferred pursuant to thea site;bona fide sale and meet all applicable labeling and registration requirements.

and(b) theClass protectionAA ofbiosolids groundwatercompost andproducts, surfaceif watertheir resources.labeling does not claim any plant nutrients or beneficial plant growth properties, are not required to be distributed or marketed as a soil amendment or a fertilizer, as those terms are defined in s.

(b)576.011, Bulkif landthe application of biosolids, including Class AA biosolids,biosolids tocompost theproducts extentare thatenrolled such bulk land application constitutes disposal, is prohibited, and violationscertified areunder subjectthe toU.S. chapter 403.

AsComposting usedCouncil's inSeal this subsection, the term "disposal" means the bulk land application of biosolids,Page including3 any application exceeding the agronomic rate, when, considering the manner and circumstances of the4 application,CODING: the nutrients applied cannot reasonably be expected to be taken up by a crop or vegetative cover during the relevant growing season, and the application results in the discard of biosolids on the land application site.

(8)(a) The owner or operator of a land application site at Page 3 of 7 CODING:

hb1245-02-c2hb1245-01-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/HBCS/HB 1245 2026 whichTesting bulkAssurance agriculturalprogram. land application of biosolids fertilizer or biosolids compost products occurs shall maintain application records for at least 5 years.

Such(11) recordsBulk mustClass AA biosolids compost and fertilizer products that are not distributed, marketed, or sold through a bona fide sale as a fertilizer or soil amendment may be madeland availableapplied toonly theat departmentland uponapplication requestsites andexpressly mustapproved includeby allthe Department of theEnvironmental following:Protection.

1.This subsection does not apply to Class AA biosolids compost products enrolled and certified under the U.S.

TheComposting classificationCouncil's andSeal characteristics of theTesting biosolidsAssurance appliedprogram. to the land application site.

2.(12) The requirement for a bona fide sale does not apply to biosolids treatment facilities that own or control the land where the bulk Class AA fertilizer or compost biosolids products are being land applied;

Thehowever, physicalbulk addressClass ofAA theproducts that are land applicationapplied site.on land owned or controlled by a biosolids treatment facility must still meet all applicable registration and labeling requirements before land application.