THE BILL ITSELF
CS/CS/HB 1245
Biosolids Management
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An act relating to biosolids management; amending s.
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403.0855, F.S.; prohibiting the land application of
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bulk Class AA biosolids fertilizer and compost
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products from exceeding the appropriate agronomic
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rate; specifying requirements for the management of
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the land application of bulk Class AA biosolids
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fertilizer and biosolids compost products at or below
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the agronomic rate; defining the term "agronomic
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rate"; prohibiting the bulk land application of
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biosolids when such bulk application constitutes
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disposal; defining the term "disposal"; requiring the
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owner or operator of certain land application sites to
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maintain application records for a specified timeframe
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and make such records available to the Department of
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Environmental Protection upon request; specifying
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requirements for such records; specifying that the
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department must require written notification of such
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recordkeeping requirements be provided to the owner or
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operator of such land at the time bulk Class AA
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biosolids are distributed for land application;
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providing that such recordkeeping requirements do not
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apply to certain biosolids; specifying requirements
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for the distribution of such biosolids; requiring the
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department to initiate rulemaking by a specified date;
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requiring the University of Florida Institute of Food
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and Agricultural Sciences, on a specified basis and
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beginning on a specified date, to publish and make
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publicly available recommended agronomic rates for the
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reuse of bulk Class AA biosolids fertilizer and
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compost products; specifying requirements for such
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recommendations; prohibiting Class AA biosolids
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fertilizer products and certain Class AA biosolids
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compost products from being marketed or distributed
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for agricultural land application unless specified
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requirements are met; prohibiting Class AA biosolids
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from being used for agricultural land application
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unless certain requirements are met; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (7) through (14) are added to
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section 403.0855, Florida Statutes, to read:
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403.0855 Biosolids management.—
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(7)(a) Land application of bulk Class AA biosolids
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fertilizer and biosolids compost products may not exceed the
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appropriate agronomic rate. Land application of bulk Class AA
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biosolids fertilizer and biosolids compost products at or below
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the agronomic rate must be managed so that beneficial reuse,
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rather than biosolids disposal, is the primary objective as
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evidenced by the manner and circumstances of the application. As
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used in this subsection, the term "agronomic rate" means the
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nutrient application rate established using generally accepted,
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science-based nutrient management principles, including
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recommendations published by the University of Florida Institute
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of Food and Agricultural Sciences, which considers plant
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nutrient requirements; site-specific characteristics, including
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soil conditions; characteristics of the biosolids fertilizer or
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biosolids compost products, including nutrient release rates and
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soil amendment functions; other nutrient inputs applied to the
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site; and the protection of groundwater and surface water
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resources.
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(b) Bulk land application of biosolids, including Class AA
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biosolids, to the extent that such bulk land application
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constitutes disposal, is prohibited, and violations are subject
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to chapter 403. As used in this subsection, the term "disposal"
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means the bulk land application of biosolids, including any
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application exceeding the agronomic rate, when, considering the
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manner and circumstances of the application, the nutrients
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applied cannot reasonably be expected to be taken up by a crop
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or vegetative cover during the relevant growing season, and the
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application results in the discard of biosolids on the land
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application site.
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(8)(a) The owner or operator of a land application site at
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which bulk agricultural land application of biosolids fertilizer
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or biosolids compost products occurs shall maintain application
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records for at least 5 years. Such records must be made
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available to the department upon request and must include all of
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the following:
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1. The classification and characteristics of the biosolids
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applied to the land application site.
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2. The physical address of the land application site.
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3. The quantity of biosolids transported to the land
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application site and received by the owner or operator of the
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land application site.
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4. The date on which such biosolids were received by the
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owner or operator of the land application site.
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5. The name of the person or entity responsible for the
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transportation of the biosolids to the land application site.
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6. The quantity of biosolids applied and the portion or
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area of the site to which the biosolids are applied.
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7. The name of the person or entity responsible for the
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physical application of the biosolids on the land application
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site.
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8. The date on which land application of such biosolids
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occurred.
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(b) The department shall require that written notification
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of the recordkeeping requirements under paragraph (a) be
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provided to the owner or operator of the land application site
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at the time bulk Class AA biosolids are distributed for land
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application.
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(9) The recordkeeping requirements of subsection (8) do
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not apply to Class AA biosolids products that have a moisture
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content of 25 percent or less at the time of distribution for
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use in land application and that maintain a stable, discrete
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particulate or granular form during storage, handling, and land
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application. Any person who distributes such biosolids for use
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in land application shall maintain for at least 5 years and,
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upon request, provide to the department records identifying the
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characteristics and quantity of the biosolids distributed, the
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portion or area of the site to which the biosolids are applied,
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the date of distribution, and the recipient.
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(10) The department shall initiate rulemaking no later
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than November 1, 2026, to amend rule 62-640, Florida
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Administrative Code, to implement the provisions of this section
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relating to the bulk distribution and marketing of Class AA
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biosolids, including provisions addressing recordkeeping at the
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time Class AA biosolids are distributed or marketed in bulk.
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(11) The University of Florida Institute of Food and
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Agricultural Sciences shall, on a biennial basis, publish and
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make publicly available recommended agronomic rates for the
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beneficial reuse of bulk Class AA biosolids fertilizer and
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biosolids compost products. The initial publication must occur
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on or before November 1, 2027. The recommendations must be
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informed by a review of the scientific literature and applicable
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available agronomic guidance and must include, but need not be
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limited to, all of the following:
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(a) The characteristics of commonly produced biosolids
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products relevant to nutrient availability and environmental
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risk, including nutrient content, nutrient release
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characteristics, and physical form.
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(b) Recommended agronomic rate ranges or application
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approaches that account for crop type, soil conditions,
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environmental vulnerabilities, seasonal factors, and management
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practices.
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(c) The scientific basis and degree of supporting research
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for recommended agronomic rates, distinguishing recommendations
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suitable for general application from those requiring site-
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specific evaluation.
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(d) Data gaps and product types, conditions, or practices
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for which additional field verification or research would
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improve future recommendations, including identification of
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relevant research priorities and associated resource
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considerations.
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(e) Best practices for on-the-ground implementation and
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verification consistent with agronomic principles.
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(12) A Class AA biosolids fertilizer product may not be
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marketed or distributed for agricultural land application unless
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the product meets all applicable requirements of chapter 576.
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(13) A Class AA biosolids compost product that does not
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claim any plant nutrients or beneficial plant growth properties,
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as described in s. 576.011(14), may not be marketed or
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distributed for agricultural land application unless the product
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is enrolled in and certified under the U.S. Composting Council
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Seal of Testing Assurance Program.
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(14) Class AA biosolids may not be used for agricultural
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land application unless, before land application, the product
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meets all applicable requirements of chapter 576 as a biosolids
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fertilizer product or meets the specifications of subsection
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(13).
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Section 2. This act shall take effect November 1, 2026.