Florida Senate - 2020                                    SB 1720
       By Senator Cruz
       18-01687A-20                                          20201720__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Safe Drinking Water
    3         Act; amending s. 403.851, F.S.; revising state policy;
    4         amending s. 403.853, F.S.; requiring the Department of
    5         Environmental Protection to adopt and implement rules
    6         for statewide maximum contaminant levels for specified
    7         pollutants by a date certain; providing requirements
    8         for adopting and implementing such rules; requiring
    9         the department to annually review specified studies
   10         and laws and initiate certain rulemaking; providing an
   11         effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 403.851, Florida Statutes, is amended to
   16  read:
   17         403.851 Declaration of policy; intent.—It is the policy of
   18  the state that the citizens of Florida shall be protected from
   19  harmful toxins in drinking water and assured of the availability
   20  of safe drinking water. Recognizing that this policy encompasses
   21  both environmental and public health aspects, it is the intent
   22  of the Legislature to provide a water supply program operated
   23  jointly by the department, in a lead-agency role of primary
   24  responsibility for the program, and by the Department of Health
   25  and its units, including county health departments, in a
   26  supportive role with specific duties and responsibilities of its
   27  own. Without any relinquishment of Florida’s sovereign powers
   28  and responsibilities to provide for the public health, public
   29  safety, and public welfare of the people of Florida, the
   30  Legislature intends:
   31         (1) To give effect to Pub. L. No. 93-523 promulgated under
   32  the commerce clause of the United States Constitution, to the
   33  extent that interstate commerce is directly affected.
   34         (2) To encourage cooperation between federal, state, and
   35  local agencies, not only in their enforcement role, but also in
   36  their service and assistance roles to city and county elected
   37  bodies.
   38         (3) To provide for safe drinking water at all times
   39  throughout the state, with due regard for economic factors and
   40  efficiency in government.
   41         Section 2. Subsection (3) of section 403.853, Florida
   42  Statutes, is amended to read:
   43         403.853 Drinking water standards.—
   44         (3)(a) The department shall adopt and implement adequate
   45  rules specifying procedures for the enforcement of state primary
   46  and secondary drinking water regulations, including monitoring
   47  and inspection procedures, that comply with regulations
   48  established by the administrator pursuant to the federal act.
   49         (b)By January 1, 2021, the department shall adopt and
   50  implement adequate rules for statewide drinking water maximum
   51  contaminant levels for the following:
   52         1.Perfluorooctanesulfonic acid.
   53         2.Perfluorooctanoic acid.
   54         3.Per- and Polyfluoroalkyl compounds.
   55         4.Chromium-6.
   56         5.1,4-Dioxane.
   57         6.Any other pollutants for which two or more states have
   58  set limits for or issued guidance on.
   59         (c)In adopting and implementing rules pursuant to this
   60  subsection, the department shall review the studies and
   61  scientific evidence reviewed by other states, including, but not
   62  limited to, information regarding the pollutants listed in the
   63  United States Environmental Protection Agency Toxic Substances
   64  and Disease Registry and the most recent peer-reviewed science
   65  and independent or government agency studies regarding
   66  pollutants.
   67         (d)Any maximum contaminant level adopted by the department
   68  must protect the public health, including vulnerable
   69  subpopulations, such as pregnant and nursing women, infants,
   70  children, and residents of financially disadvantaged small
   71  communities, as defined in s. 403.1838(2), and may not exceed
   72  any maximum contaminant level or health advisory promulgated by
   73  the United States Environmental Protection Agency.
   74         (e)The department shall annually review the most recent
   75  peer-reviewed science and independent or government agency
   76  studies and the laws of other states regarding pollutants and
   77  shall initiate additional rulemaking if needed to comply with
   78  this subsection.
   79         Section 3. This act shall take effect July 1, 2020.