Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1054
       
       
       
       
       
       
                                Ì875578aÎ875578                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2021           .                                
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       The Committee on Environment and Natural Resources (Broxson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 376.91, Florida Statutes, is created to
    6  read:
    7         376.91 Statewide cleanup of PFAS.—
    8         (1)DEFINITIONS.—As used in this section:
    9         (a) "Department" means the Department of Environmental
   10  Protection.
   11         (b) "PFAS" means perfluoroalkyl and polyfluoroalkyl
   12  substances, including perfluorooctanoic acid (PFOA) and
   13  perfluorooctane sulfonate (PFOS).
   14         (2)CLEANUP TARGET LEVELS.—
   15         (a)The department shall adopt by rule statewide cleanup
   16  target levels for PFAS in soils and groundwater using criteria
   17  set forth in s. 376.30701, with priority given to PFOA and PFOS.
   18  Cleanup target levels adopted by department rule pursuant to
   19  this section may not take effect until ratified by the
   20  Legislature.
   21         (b)Until the department’s rule for a particular PFAS
   22  constituent has been ratified by the Legislature, a person may
   23  not be subject to any administrative or judicial action brought
   24  by or on behalf of any state or local governmental entity to
   25  compel or enjoin site rehabilitation, to pay for the cost of
   26  rehabilitation of environmental contamination, or to pay any
   27  fines or penalties regarding rehabilitation based on the
   28  presence of that particular PFAS constituent.
   29         (c)Until site rehabilitation is completed or cleanup
   30  target levels are ratified by the Legislature, any statute of
   31  limitations that would bar a state or local governmental entity
   32  from pursuing relief in accordance with its existing authority
   33  is tolled from the effective date of this act.
   34         (d)This section does not affect the ability or authority
   35  to seek contribution from any person who may have liability with
   36  respect to a contaminated site and who did not receive
   37  protection under paragraph (b).
   38  	Section 2. (1)  The Office of Program Policy Analysis and
   39  Government Accountability shall conduct an analysis of programs
   40  in other states for the assessment and cleanup of soil and
   41  groundwater contamination, including programs for brownfields,
   42  petroleum, drycleaning solvents, and other chemical
   43  contamination. Based on its analysis, the office shall recommend
   44  any changes to Florida's current programs that would improve the
   45  state's ability to effectively address environmental
   46  contamination assessment and cleanup, including the efficacy of
   47  consolidating the state's programs into a single remediation
   48  program. The analysis shall include, at a minimum:
   49  	(a)  Funding mechanisms and sources of funding.
   50  	(b)  Funding eligibility requirements.
   51  	(c)  Current levels of funding.
   52  	(d)  An evaluation of best practices for successful cleanup
   53  programs and single remediation programs in other states and how
   54  such practices and programs address the needs of investigation
   55  and remediation stakeholders.
   56  	(e)  A comparison of best practices for successful cleanup
   57  programs and single remediation programs in other states and
   58  cleanup and remediation programs in this state.
   59         	(2)  The office shall submit a report of its findings
   60  and any recommendations to the Governor, the President of the
   61  Senate, and the Speaker of the House of Representatives by
   62  January 1, 2022.
   63         Section 3. The Division of Law Revision is directed to
   64  replace the phrase “the effective date of this act” wherever it
   65  occurs in this act with the date this act becomes a law.
   66         Section 4. This act shall take effect upon becoming a law.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to soil and groundwater contamination;
   74         creating s. 376.91, F.S.; providing definitions;
   75         requiring the Department of Environmental Protection
   76         to adopt statewide rules for cleanup target levels for
   77         PFAS in soils and groundwater; prohibiting such rules
   78         from taking effect until ratified by the Legislature;
   79         providing that certain parties may not be subjected to
   80         administrative or judicial action under certain
   81         circumstances; providing that certain statute of
   82         limitations are tolled until a specified time;
   83         providing construction; requiring the Office of
   84         Program Policy Analysis and Government Accountability
   85         to conduct an analysis and submit a report; providing
   86         a directive to the Division of Law Revision; providing
   87         an effective date.