Florida Senate - 2024 SB 1546
By Senator Stewart
17-00294B-24 20241546__
1 A bill to be entitled
2 An act relating to statewide drinking water standards;
3 amending s. 403.851, F.S.; revising the policy of the
4 state regarding safe drinking water; amending s.
5 403.853, F.S.; requiring the Department of
6 Environmental Protection to adopt and implement rules
7 for a statewide maximum contaminant level for 1,4
8 dioxane; providing requirements for such rules;
9 amending s. 403.8532, F.S.; requiring the department
10 to provide public water systems financial assistance
11 necessary to update system infrastructure to meet
12 certain standards; requiring the department to
13 establish by rule criteria for a public water system
14 to receive such financial assistance; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 403.851, Florida Statutes, is amended to
20 read:
21 403.851 Declaration of policy; intent.—It is the policy of
22 the state that the residents of this state be protected from
23 harmful toxins in drinking water and citizens of Florida shall
24 be assured of the availability of safe drinking water.
25 Recognizing that this policy encompasses both environmental and
26 public health aspects, it is the intent of the Legislature to
27 provide a water supply program operated jointly by the
28 department, in a lead-agency role of primary responsibility for
29 the program, and by the Department of Health and its units,
30 including county health departments, in a supportive role with
31 specific duties and responsibilities of its own. Without any
32 relinquishment of Florida’s sovereign powers and
33 responsibilities to provide for the public health, public
34 safety, and public welfare of the people of Florida, the
35 Legislature intends:
36 (1) To give effect to Pub. L. No. 93-523 promulgated under
37 the commerce clause of the United States Constitution, to the
38 extent that interstate commerce is directly affected.
39 (2) To encourage cooperation between federal, state, and
40 local agencies, not only in their enforcement role, but also in
41 their service and assistance roles to city and county elected
42 bodies.
43 (3) To provide for safe drinking water at all times
44 throughout this the state, with due regard for economic factors
45 and efficiency in government.
46 Section 2. Subsection (3) of section 403.853, Florida
47 Statutes, is amended to read:
48 403.853 Drinking water standards.—
49 (3)(a) The department shall adopt and implement adequate
50 rules specifying procedures for the enforcement of state primary
51 and secondary drinking water regulations, including monitoring
52 and inspection procedures, which that comply with regulations
53 established by the administrator pursuant to the federal act.
54 (b) The department shall adopt and implement rules that
55 establish a statewide drinking water maximum contaminant level
56 for 1,4-dioxane of less than or equal to 0.35 micrograms per
57 liter. Such rules must require a public water system to:
58 1. By January 1, 2025, test all of the system’s groundwater
59 wells for 1,4-dioxane.
60 2. If such testing detects 1,4-dioxane at levels greater
61 than 0.35 micrograms per liter:
62 a. Develop and submit to the department for approval a
63 mitigation plan to bring any such concentration to an amount at
64 or below such level, and comply with the new standards within 5
65 years after such rules are adopted. The mitigation plan may
66 include installing any required infrastructure to meet such
67 requirements;
68 b. Retest for 1,4-dioxane in the system’s groundwater wells
69 at a frequency determined by the department; and
70 c. Make the mitigation plan submitted to and approved by
71 the department and the results of any testing publicly
72 available.
73 3. If such testing detects 1,4-dioxane at a level of 0.35
74 micrograms per liter or less:
75 a. Make the results of such testing publicly available; and
76 b. Retest for 1,4-dioxane in the system’s groundwater wells
77 within 5 years after the previous test.
78 Section 3. Present subsections (7) through (16) of section
79 403.8532, Florida Statutes, are redesignated as subsections (8)
80 through (17), respectively, and a new subsection (7) is added to
81 that section, to read:
82 403.8532 Drinking water state revolving loan fund; use;
83 rules.—
84 (7) The department shall provide financial assistance to a
85 public water system for the purpose of updating any
86 infrastructure necessary to meet the standards for 1,4-dioxane
87 under s. 403.853(3)(b). Such assistance must include, at a
88 minimum, 20 percent of the funding necessary to update the
89 infrastructure to meet such standards. The department shall
90 establish by rule criteria for determining the needs of a public
91 water system and the amount of funds necessary to meet the
92 requirements of s. 403.853(3)(b)2.
93 Section 4. This act shall take effect July 1, 2024.