Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1054 Ì875578aÎ875578 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/22/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.