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.
   17  Be It Enacted by the Legislature of the State of Florida:
   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.