SB 1294: Biosolids Management - Florida

S 1294 c2 → S 1294 c3 · 6 edits

MODERATE

This bill was revised to strengthen oversight of bulk biosolids by adding new recordkeeping rules for distributors, requiring the Department of Environmental Protection to notify landowners of these rules, and establishing specific exemptions for dry, granular products. The revision also clarifies marketing restrictions for compost products and sets a deadline for the department to update existing regulations. These changes aim to reduce the risk of biosolids being treated as waste rather than fertilizer and ensure clearer accountability in the supply chain.

Scope change

The bill's scope expanded to include requirements for distributors and marketing restrictions that were not explicitly detailed in the previous version, while also adding a specific exemption for low-moisture, granular biosolids.

REQUIREMENT

Added a requirement for the Department of Environmental Protection to provide written notification of recordkeeping rules to landowners when bulk Class AA biosolids are distributed.

Added an exemption from recordkeeping requirements for Class AA biosolids with 25% or less moisture that maintain a stable, discrete form.

Added a mandate for the department to initiate rulemaking by November 1, 2026, to update regulations regarding bulk distribution and marketing.

Changed the recordkeeping list format from letters to numbers and added a specific requirement to record the portion or area of the site where biosolids are applied.

Added a specific provision prohibiting Class AA biosolids compost products from being marketed unless they are certified under the U.S. Composting Council Seal of Testing Assurance Program.

Modified the marketing restriction language to explicitly separate requirements for fertilizer products from compost products based on nutrient claims.

S 1294 c1 → S 1294 c2 · 6 edits

MODERATE

The bill was significantly expanded from a simple prohibition on excessive biosolids application to a comprehensive management framework. The new version adds specific definitions for 'agronomic rate' and 'disposal,' mandates detailed record-keeping for site operators, and establishes a timeline for the University of Florida to publish scientific recommendations. It also clarifies rules for marketing biosolids as fertilizer or soil amendments and sets a new effective date of November 1, 2026.

Scope change

The bill's scope broadened from focusing solely on limiting application rates to include detailed record-keeping requirements, explicit definitions of disposal versus reuse, and specific regulations on how biosolids products can be marketed and labeled.

DEFINITION

Added specific definitions for 'agronomic rate' (science-based nutrient management) and 'disposal' (application where nutrients are discarded rather than taken up by crops).

REQUIREMENT

Required land application site operators to maintain detailed application records for at least 5 years, including quantities, dates, and transporter names.

Extended requirements to include applicable inspection fees and tonnage reporting for all Class AA biosolids products marketed for land application.

TIMELINE

Set a specific deadline of November 1, 2027, for the University of Florida to publish its initial recommended agronomic rates.

Changed the effective date of the act from July 1, 2028, to November 1, 2026.

ELIGIBILITY

Clarified that bulk biosolids cannot be marketed as Class AA products unless they meet specific labeling and registration requirements.

S 1294 Filed → S 1294 c1 · 4 edits

MODERATE

The bill was revised to simplify the initial regulatory requirements and adjust the effective dates for new rules. The original version required the University of Florida to publish agronomic rates immediately and mandated strict application limits for all bulk Class AA biosolids right away. The committee substitute delays the implementation of these new restrictions until July 1, 2028, and removes the immediate requirement for the university to publish rates, instead focusing the initial law on record-keeping and defining what constitutes a 'bona fide sale' to prevent disguised disposal.

Scope change

The bill's scope shifted from an immediate, comprehensive overhaul of biosolids management to a phased approach. The initial filing required immediate restrictions on land application rates and university reporting, whereas the final version limits these requirements to a future effective date of July 1, 2028, while the current law only addresses record-keeping and sales definitions.

TIMELINE

The effective date for new land application restrictions and university reporting requirements was delayed from July 1, 2026, to July 1, 2028.

REQUIREMENT

The immediate requirement for the University of Florida to publish recommended agronomic rates for biosolids reuse was removed from the initial effective date.

The initial law was narrowed to only require land application site operators to maintain records and define 'bona fide sale,' removing immediate restrictions on application rates.

DEFINITION

The definition of 'bona fide sale' was retained but its reference in the text was updated to align with the new effective date for the related restrictions.

Biosolids Management

What changed between versions

How they voted

Actions timeline

Sponsors