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The Florida Senate

CS/HB 1475 — Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances

by State Affairs Committee and Reps. McClure, Overdorf, and others (CS/SB 7012 by Appropriations Committee; Environment and Natural Resources Committee; and Senator Broxson)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Environment and Natural Resources Committee (EN)

The bill provides the following definitions:

  •  “Department” means the Department of Environmental Protection (DEP).
  •  “PFAS” means perfluoroalkyl and polyfluoroalkyl substances, including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS).

The bill provides that if the U.S. Environmental Protection Agency (EPA) has not finalized its standards for PFAS in drinking water, groundwater, and soil by January 1, 2025, DEP must adopt by rule statewide cleanup target levels (CTLs) for same using the risk-based corrective action criteria in existing law. The rules for statewide CTLs may not take effect until ratified by the Legislature.

The bill provides that until DEP’s rule for a particular PFAS constituent has been ratified by the Legislature, a governmental entity or private water supplier may not be subject to any administrative or judicial action under ch. 376, F.S., brought by any state or local governmental entity to compel or enjoin site rehabilitation, to require payment for the cost of rehabilitation of environmental contamination, or to require payment of any fines or penalties regarding rehabilitation based on the presence of that particular PFAS constituent.

The bill provides that until site rehabilitation is completed or rules for statewide CTLs are ratified by the Legislature, any statute of limitations that would bar a state or local governmental entity from pursuing relief in accordance with its existing authority is tolled from the effective date of the bill.

The bill provides that it does not affect the ability or authority to seek any recourse or relief from any person who may have liability with respect to a contaminated site and who did not receive protection under the bill.

The bill directs the Division of Law Revision to replace the phrase “the effective date of this act” wherever it occurs in the bill with the date the bill becomes a law.

If approved by the Governor, these provisions take effect upon becoming law.

Vote: Senate 38-0; House 111-0