Florida Senate - 2022 SB 1418
By Senator Albritton
26-01563-22 20221418__
1 A bill to be entitled
2 An act relating to soil and groundwater contamination;
3 creating s. 376.91, F.S.; defining terms; requiring
4 the Department of Environmental Protection to adopt
5 rules for statewide cleanup target levels for
6 perfluoroalkyl and polyfluoroalkyl substances in soil
7 and groundwater; prohibiting such rules from taking
8 effect until ratified by the Legislature; providing
9 that certain persons are not subject to administrative
10 or judicial action under certain circumstances;
11 providing that certain statutes of limitation are
12 tolled from a specified date; providing construction;
13 requiring the Office of Program Policy Analysis and
14 Government Accountability to conduct a specified
15 analysis of certain assessment and cleanup programs
16 and submit a report to the Governor and the
17 Legislature by a specified date; providing a directive
18 to the Division of Law Revision; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 376.91, Florida Statutes, is created to
24 read:
25 376.91 Statewide cleanup of perfluoroalkyl and
26 polyfluoroalkyl substances.—
27 (1) DEFINITIONS.—As used in this section, the term:
28 (a) “Department” means the Department of Environmental
29 Protection.
30 (b) “PFAS” means perfluoroalkyl and polyfluoroalkyl
31 substances, including perfluorooctanoic acid (PFOA) and
32 perfluorooctane sulfonate (PFOS).
33 (2) STATEWIDE CLEANUP TARGET LEVELS.—
34 (a) The department shall adopt by rule statewide cleanup
35 target levels for PFAS in soils and groundwater using criteria
36 set forth in s. 376.30701, with priority given to PFOA and PFOS.
37 The rules for statewide cleanup target levels may not take
38 effect until ratified by the Legislature.
39 (b) Until the department’s rule for a particular PFAS
40 constituent has been ratified by the Legislature, a person may
41 not be subject to any administrative or judicial action brought
42 by or on behalf of any state or local governmental entity to
43 compel or enjoin site rehabilitation, to require payment for the
44 cost of rehabilitation of environmental contamination, or to
45 require payment of any fines or penalties regarding
46 rehabilitation based on the presence of that particular PFAS
47 constituent.
48 (c) Until site rehabilitation is completed or rules for
49 statewide cleanup target levels are ratified by the Legislature,
50 any statute of limitations that would bar a state or local
51 governmental entity from pursuing relief in accordance with its
52 existing authority is tolled from the effective date of this
53 act.
54 (d) This section does not affect the ability or authority
55 to seek contribution from any person who may have liability with
56 respect to a contaminated site and who did not receive
57 protection under paragraph (b).
58 Section 2. (1) The Office of Program Policy Analysis and
59 Government Accountability shall conduct an analysis of programs
60 in other states for the assessment and cleanup of soil and
61 groundwater contamination, including programs for brownfields,
62 petroleum, drycleaning solvents, and other chemical
63 contamination. Based on its analysis, the office shall recommend
64 any changes to Florida’s current programs that would improve the
65 state’s ability to effectively address environmental
66 contamination assessment and cleanup, including the efficacy of
67 consolidating the state’s programs into a single remediation
68 program. The analysis must include, at a minimum:
69 (a) Funding mechanisms and sources of funding.
70 (b) Funding eligibility requirements.
71 (c) Current levels of funding.
72 (d) An evaluation of best practices for successful cleanup
73 programs and single remediation programs in other states and how
74 such practices and programs address the needs of investigation
75 and remediation stakeholders.
76 (e) A comparison of best practices for successful cleanup
77 programs and single remediation programs in other states and
78 cleanup and remediation programs in this state.
79 (2) The office shall submit a report of its findings and
80 any recommendations to the Governor, the President of the
81 Senate, and the Speaker of the House of Representatives by
82 January 1, 2023.
83 Section 3. The Division of Law Revision is directed to
84 replace the phrase “the effective date of this act” wherever it
85 occurs in this act with the date this act becomes a law.
86 Section 4. This act shall take effect upon becoming a law.