Florida Senate - 2020                                    SB 1036
       
       
        
       By Senator Albritton
       
       
       
       
       
       26-01482-20                                           20201036__
    1                        A bill to be entitled                      
    2         An act relating to diesel exhaust fluid; creating s.
    3         330.401, F.S.; requiring the presence, storage, or use
    4         of diesel exhaust fluid on the premises of a public
    5         airport to be phased out by a certain date; requiring
    6         the manager of each public airport that meets certain
    7         criteria to create a diesel exhaust fluid safety
    8         mitigation and exclusion plan for submission to the
    9         Department of Environmental Protection; providing plan
   10         requirements; requiring the plan to be fully
   11         implemented on the airport premises by a certain date;
   12         requiring annual certification of the plan by the
   13         department until all diesel exhaust fluid and certain
   14         vehicles have been removed from the airport premises;
   15         prohibiting the presence, storage, or use of diesel
   16         exhaust fluid on the premises of a public airport
   17         after a certain date; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 330.401, Florida Statutes, is created to
   22  read:
   23         330.401Phase-out of diesel exhaust fluid; reports and
   24  certification; prohibition.—
   25         (1)The presence, storage, or use of diesel exhaust fluid,
   26  including the use of such fluid to treat the exhaust of a
   27  selective catalytic reduction engine, on the premises of a
   28  public airport as defined in s. 330.27 must be phased out by
   29  October 1, 2030, as provided in this section.
   30         (2)(a)The manager of each public airport at which:
   31         1.Aviation fuels receive onsite treatment with fuel system
   32  icing inhibitors by means of injection or mixing systems; and
   33         2.Any aircraft fuel delivery vehicle or ground service
   34  equipment, the exhaust system of which is being treated with
   35  diesel exhaust fluid, is operated within 150 feet of any
   36  aircraft
   37  
   38  shall create a diesel exhaust fluid safety mitigation and
   39  exclusion plan.
   40         (b)The plan must include, at a minimum:
   41         1.A full inventory of all diesel exhaust fluid on the
   42  premises of the airport.
   43         2.Designation of specific areas where diesel exhaust fluid
   44  is to be stored on the premises of the airport. Such areas may
   45  not be located within or on a vehicle operated for the fueling
   46  or servicing of aircraft or at any aviation fuel transfer
   47  facility or bulk aviation fuel storage facility.
   48         3.Designation of specific areas where a vehicle, the
   49  exhaust system of which is being treated with diesel exhaust
   50  fluid, is to be refueled or treated with such fluid. Such areas
   51  must be segregated from all aircraft operating areas.
   52         (3)The diesel exhaust fluid safety mitigation and
   53  exclusion plan must be approved by the regulatory authority
   54  having jurisdiction over the airport by September 1, 2020. The
   55  manager must, by October 1, 2020, submit the plan to the
   56  Department of Environmental Protection and certify that all such
   57  fluid and vehicles have been secured within the premises of the
   58  airport.
   59         (4)(a)The diesel exhaust fluid safety mitigation and
   60  exclusion plan must be fully implemented on the premises of the
   61  airport by January 1, 2021.
   62         (b)Each year thereafter, the manager shall review the plan
   63  and shall submit the plan, including applicable amendments, to
   64  the Department of Environmental Protection for certification. If
   65  the department determines that the use of diesel exhaust fluid
   66  is being phased out as described in subsection (1), the
   67  department shall certify the plan for that year.
   68         (c)Once all diesel exhaust fluid and all vehicles, the
   69  exhaust system of which were being treated with such fluid, have
   70  been removed from the premises of the airport, the manager must
   71  submit a written report to the department certifying such
   72  removal. If the department determines that such removal has been
   73  accomplished, the annual certification provided in paragraph (b)
   74  is no longer required.
   75         (5)The presence, storage, or use of diesel exhaust fluid
   76  on the premises of a public airport as described in subsection
   77  (1) is prohibited after October 1, 2030.
   78         Section 2. This act shall take effect July 1, 2020.