Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1210
       
       
       
       
       
       
                                Ì467912/Î467912                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/07/2022           .                                
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       The Committee on Environment and Natural Resources (Albritton)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (11) is added to section 403.182,
    6  Florida Statutes, to read:
    7         403.182 Local pollution control programs.—
    8         (11)(a) Notwithstanding this section or any existing local
    9  pollution control programs, the Secretary of Environmental
   10  Protection has exclusive jurisdiction in setting standards or
   11  procedures for evaluating environmental conditions and assessing
   12  potential liability for the presence of contaminants on land
   13  that is classified as agricultural land pursuant to s. 193.461
   14  and being converted to a nonagricultural use. The exclusive
   15  jurisdiction includes defining what constitutes all appropriate
   16  inquiry consistent with 40 C.F.R. part 312 and guidance
   17  thereunder.
   18         (b) The secretary may not delegate the authority to set
   19  standards or procedures for evaluating environmental conditions
   20  and assessing potential liability under paragraph (a) to a
   21  county, a municipality, or another unit of local government
   22  through a local pollution control program under this section.
   23  This subsection does not preempt the enforcement authority of a
   24  county, a municipality, or another unit of local government
   25  through a local pollution control program under this section.
   26         (c) This subsection does not apply to former agricultural
   27  land for which a permit has been approved by a local government
   28  to initiate development or for which development was completed
   29  on or before July 1, 2022.
   30         Section 2. This act shall take effect July 1, 2022.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33  And the title is amended as follows:
   34         Delete everything before the enacting clause
   35  and insert:
   36                        A bill to be entitled                      
   37         An act relating to pollution control standards and
   38         liability; amending s. 403.182, F.S.; providing that
   39         the Secretary of Environmental Protection has
   40         exclusive jurisdiction in setting standards or
   41         procedures for evaluating environmental conditions and
   42         assessing potential liability for the presence of
   43         contaminants on certain agricultural lands;
   44         prohibiting the secretary from delegating such
   45         authority to a local governmental entity; providing
   46         construction and applicability; providing an effective
   47         date.