Florida Senate - 2022                             CS for SB 7012
       
       
        
       By the Committees on Appropriations; and Environment and Natural
       Resources
       
       
       
       
       576-03563-22                                          20227012c1
    1                        A bill to be entitled                      
    2         An act relating to cleanup of perfluoroalkyl and
    3         polyfluoroalkyl substances; creating s. 376.91, F.S.;
    4         defining terms; requiring the Department of
    5         Environmental Protection to adopt rules for statewide
    6         cleanup target levels for perfluoroalkyl and
    7         polyfluoroalkyl substances in soil and groundwater by
    8         a specified date; prohibiting such rules from taking
    9         effect until ratified by the Legislature; providing
   10         that certain persons are not subject to administrative
   11         or judicial action under certain circumstances;
   12         providing that certain statutes of limitations are
   13         tolled from a specified date; providing construction;
   14         providing a directive to the Division of Law Revision;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 376.91, Florida Statutes, is created to
   20  read:
   21         376.91 Statewide cleanup of perfluoroalkyl and
   22  polyfluoroalkyl substances.—
   23         (1) DEFINITIONS.—As used in this section, the term:
   24         (a) “Department” means the Department of Environmental
   25  Protection.
   26         (b) “PFAS” means perfluoroalkyl and polyfluoroalkyl
   27  substances, including perfluorooctanoic acid (PFOA) and
   28  perfluorooctane sulfonate (PFOS).
   29         (2) STATEWIDE CLEANUP TARGET LEVELS.—
   30         (a) By January 1, 2023, the department shall adopt by rule
   31  statewide cleanup target levels for PFAS in soil and groundwater
   32  using criteria set forth in s. 376.30701, with priority given to
   33  PFOA and PFOS. The rules for statewide cleanup target levels may
   34  not take effect until ratified by the Legislature.
   35         (b) Until the department’s rule for a particular PFAS
   36  constituent has been ratified by the Legislature, a governmental
   37  entity or private water supplier may not be subject to any
   38  administrative or judicial action under this chapter brought by
   39  any state or local governmental entity to compel or enjoin site
   40  rehabilitation, to require payment for the cost of
   41  rehabilitation of environmental contamination, or to require
   42  payment of any fines or penalties regarding rehabilitation based
   43  on the presence of that particular PFAS constituent.
   44         (c) Until site rehabilitation is completed or rules for
   45  statewide cleanup target levels are ratified by the Legislature,
   46  any statute of limitations that would bar a state or local
   47  governmental entity from pursuing relief in accordance with its
   48  existing authority is tolled from the effective date of this
   49  act.
   50         (d) This section does not affect the ability or authority
   51  to seek any recourse or relief from any person who may have
   52  liability with respect to a contaminated site and who did not
   53  receive protection under paragraph (b).
   54         Section 2. The Division of Law Revision is directed to
   55  replace the phrase “the effective date of this act” wherever it
   56  occurs in this act with the date this act becomes a law.
   57         Section 3. This act shall take effect upon becoming a law.