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3. Biosolids Background: One of the by-products or residuals of the wastewater treatment process is called biosolids or the wet sludge that is left behind after initial processing, which is then collected for further treatment and processing. Today, Florida's central sewer wastewater treatment facilities produce approximately 340,000 dry tons of biosol- ids. Approximately 100,000 dry tons of biosolids qualify as Class B biosolids, which are treated sewage sludge meeting U.S. Environmental Protection Agency (EPA) guidelines for land application as fertilizer with re- strictions, and are allowed to have detectable levels of pathogens. There is concern statewide that excess nutrients from land application of human waste biosolids reach surface waters as a result of rainfall runoff and continue to increase the occurrence of chronic harmful algal blooms. Land application of Class B biosolids has been restricted in various areas throughout the State of Florida. Most recently, in 2013, land application of Class B biosolids was banned in the watersheds containing Lake Okee- chobee and St. Lucie and Caloosahatchee Rivers. At the 2016 UF Water Symposium, St. Johns River Water Management District's staff reported that there are significant increases in phosphorus and incidences of harmful, potentially toxic algal outbreaks in Blue Cypress Lake, one Florida's most pristine lakes, a Class I waterbody. In 2018, cyanobacteria (commonly referred to as blue-green algae) was confirmed in Blue Cypress Lake, which is the headwaters of the St. Johns River and is located the Upper Basin watershed. Cyanobacteria was also reported in the Lower Basin in Duval County, and in the Okeechobee watershed which in turn has impacted the St. Lucie watershed and the Caloosahatchee wa- tershed. Position: Indian River County BCC SUPPORTS policies that restrict or ban the land application of Class B biosolids within the following watersheds that impact the St. Johns River: the Upper Basin, the Middle Basin, and the Lower Basin; and SUPPORTS establishing a pilot project program for funding new state of the art wastewater technologies to improve recover and afford more efficient use of human wastewater biosolids. None of the bills dealing with Biosolids on a comprehensive basis passed. HB 829 Attorney Fees and Cost - deals primarily with attorneys fees with regard to local ordinances. Overall the bill presents problems for local governments. However, an amendment was added that pro- tects a County's ability to continue and extend a local biosolids moratorium. HB 829 (Attorney Fees and Cost) by Rep. Sabatini requires courts to award attorneys' fees and damages to the prevailing party in an action to challenge the adoption or enforcement of a local ordinance on the grounds that it is expressly preempted by the State Constitution or state law. Fees and costs may not be awarded if the governing body receives writ- ten notice that the ordinance is alleged to be preempted and if the local government withdraws an ordinance from consid- eration or, in the case of an adopted ordinance, notices an intent to repeal the ordinance within 30 days of the date and repeals the ordinance within 30 days thereafter. The bill does not apply to ordinances adopted pursuant to part II of chap- ter 163, s. 553.73 (Florida Building Code), and s. 633.202 (Fire Prevention Code), or cases commenced prior to July 1, 2019. Section 2. A municipality or county may continue to enforce or extend an ordinance, regulation, resolution, rule, mor- atorium, or policy adopted before February 1, 2019, relating to the land application of Class B biosolids until the ordi- nance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county or until the effec- tive date of the rules adopted by the Department of Environmental Protection, whichever occurs first. 83 4