Florida Senate - 2026                                    SB 1230
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-01361A-26                                          20261230__
    1                        A bill to be entitled                      
    2         An act relating to perfluoroalkyl and polyfluoroalkyl
    3         substances; creating s. 376.911, F.S.; defining the
    4         term “aqueous film-forming foam”; prohibiting,
    5         beginning on a specified date, certain use and the
    6         sale, purchase, or distribution of aqueous film
    7         forming foam; requiring, beginning on a specified
    8         date, certain entities to submit aqueous film-forming
    9         foam inventories and disposal plans to the Department
   10         of Environmental Protection; prohibiting, beginning on
   11         a specified date, the possession and use of aqueous
   12         film-forming foam; providing applicability; providing
   13         duties of the department; authorizing the department
   14         to administer certain grants or cost-share programs;
   15         providing penalties and injunctive relief; amending s.
   16         403.086, F.S.; requiring certain public entities
   17         disposing of domestic wastewater biosolids to annually
   18         conduct specified samplings and submit the results to
   19         the department; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 376.911, Florida Statutes, is created to
   24  read:
   25         376.911 Aqueous film-forming foam.—
   26         (1) As used in this section, the term “aqueous film-forming
   27  foam” means any firefighting foam containing intentionally added
   28  perfluoroalkyl and polyfluoroalkyl substances, including
   29  perfluorooctanoic acid and perfluorooctane sulfonate as defined
   30  by the United States Environmental Protection Agency.
   31         (2) Effective July 1, 2026:
   32         (a) Aqueous film-forming foam may not be used for any
   33  nonemergency instruction, training, or testing.
   34         (b) All entities in possession of aqueous film-forming foam
   35  must report inventories to the department.
   36         (3) Effective July 1, 2027:
   37         (a) The sale, purchase, or distribution of aqueous film
   38  forming foam within this state is prohibited.
   39         (b) All entities with remaining inventories of aqueous
   40  film-forming foam must submit a disposal plan to the department.
   41         (4) Effective July 1, 2028, possession and use of aqueous
   42  film-forming foam is prohibited in this state.
   43         (5) The prohibition under subsection (4) does not apply to:
   44         (a) Federal aviation facilities required to comply with 14
   45  C.F.R. part 139.
   46         (b) Military applications where alternatives do not exist.
   47         (c) Emergency firefighting situations where alternative
   48  firefighting foam is not available.
   49         (6) The department shall:
   50         (a) Adopt rules for containment, collection, and disposal
   51  of aqueous film-forming foam.
   52         (b) Maintain a registry of firefighting foam alternatives
   53  that do not contain perfluoroalkyl and polyfluoroalkyl
   54  substances.
   55         (c) Provide technical assistance and grants for transition
   56  to products that do not contain perfluoroalkyl and
   57  polyfluoroalkyl substances.
   58         (7) The department may administer grants or cost-share
   59  programs to assist local fire departments and airports in
   60  transitioning to products that do not contain perfluoroalkyl and
   61  polyfluoroalkyl substances.
   62         (8) A person who violates this act is subject to:
   63         (a) Civil penalties not to exceed $10,000 for each
   64  violation for each day the violation persists.
   65         (b) Additional penalties for failure to report inventories
   66  or submit disposal plans.
   67         (9) The department may seek injunctive relief to enforce
   68  compliance with this section.
   69         Section 2. Subsection (12) is added to section 403.086,
   70  Florida Statutes, to read:
   71         403.086 Sewage disposal facilities; advanced and secondary
   72  waste treatment.—
   73         (12) All public entities disposing of domestic wastewater
   74  biosolids that have a designed average daily flow of 25,000 or
   75  more gallons per day must annually conduct at least one
   76  biosolids sampling for perfluoroalkyl and polyfluoroalkyl
   77  substances, including perfluorooctanoic acid and perfluorooctane
   78  sulfonate, and submit the results to the department. The
   79  sampling must be conducted in accordance with department rules
   80  adopted under s. 403.0855.
   81         Section 3. This act shall take effect July 1, 2026.