Florida Senate - 2022                             CS for SB 1210
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Albritton
       
       
       
       
       592-02786-22                                          20221210c1
    1                        A bill to be entitled                      
    2         An act relating to pollution control standards and
    3         liability; amending s. 403.182, F.S.; providing that
    4         the Secretary of Environmental Protection has
    5         exclusive jurisdiction in setting standards or
    6         procedures for evaluating environmental conditions and
    7         assessing potential liability for the presence of
    8         contaminants on certain agricultural lands;
    9         prohibiting the secretary from delegating such
   10         authority to a local governmental entity; providing
   11         construction and applicability; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (11) is added to section 403.182,
   17  Florida Statutes, to read:
   18         403.182 Local pollution control programs.—
   19         (11)(a) Notwithstanding this section or any existing local
   20  pollution control programs, the Secretary of Environmental
   21  Protection has exclusive jurisdiction in setting standards or
   22  procedures for evaluating environmental conditions and assessing
   23  potential liability for the presence of contaminants on land
   24  that is classified as agricultural land pursuant to s. 193.461
   25  and being converted to a nonagricultural use. The exclusive
   26  jurisdiction includes defining what constitutes all appropriate
   27  inquiry consistent with 40 C.F.R. part 312 and guidance
   28  thereunder.
   29         (b) The secretary may not delegate the authority to set
   30  standards or procedures for evaluating environmental conditions
   31  and assessing potential liability under paragraph (a) to a
   32  county, a municipality, or another unit of local government
   33  through a local pollution control program under this section.
   34  This subsection does not preempt the enforcement authority of a
   35  county, a municipality, or another unit of local government
   36  through a local pollution control program under this section.
   37         (c) This subsection does not apply to former agricultural
   38  land for which a permit has been approved by a local government
   39  to initiate development or for which development was completed
   40  on or before July 1, 2022.
   41         Section 2. This act shall take effect July 1, 2022.