Florida Senate - 2022                                    SB 1418
       By Senator Albritton
       26-01563-22                                           20221418__
    1                        A bill to be entitled                      
    2         An act relating to soil and groundwater contamination;
    3         creating s. 376.91, F.S.; defining terms; requiring
    4         the Department of Environmental Protection to adopt
    5         rules for statewide cleanup target levels for
    6         perfluoroalkyl and polyfluoroalkyl substances in soil
    7         and groundwater; prohibiting such rules from taking
    8         effect until ratified by the Legislature; providing
    9         that certain persons are not subject to administrative
   10         or judicial action under certain circumstances;
   11         providing that certain statutes of limitation are
   12         tolled from a specified date; providing construction;
   13         requiring the Office of Program Policy Analysis and
   14         Government Accountability to conduct a specified
   15         analysis of certain assessment and cleanup programs
   16         and submit a report to the Governor and the
   17         Legislature by a specified date; providing a directive
   18         to the Division of Law Revision; providing an
   19         effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 376.91, Florida Statutes, is created to
   24  read:
   25         376.91Statewide cleanup of perfluoroalkyl and
   26  polyfluoroalkyl substances.—
   27         (1)DEFINITIONS.—As used in this section, the term:
   28         (a)“Department” means the Department of Environmental
   29  Protection.
   30         (b)“PFAS” means perfluoroalkyl and polyfluoroalkyl
   31  substances, including perfluorooctanoic acid (PFOA) and
   32  perfluorooctane sulfonate (PFOS).
   34         (a)The department shall adopt by rule statewide cleanup
   35  target levels for PFAS in soils and groundwater using criteria
   36  set forth in s. 376.30701, with priority given to PFOA and PFOS.
   37  The rules for statewide cleanup target levels may not take
   38  effect until ratified by the Legislature.
   39         (b)Until the department’s rule for a particular PFAS
   40  constituent has been ratified by the Legislature, a person may
   41  not be subject to any administrative or judicial action brought
   42  by or on behalf of any state or local governmental entity to
   43  compel or enjoin site rehabilitation, to require payment for the
   44  cost of rehabilitation of environmental contamination, or to
   45  require payment of any fines or penalties regarding
   46  rehabilitation based on the presence of that particular PFAS
   47  constituent.
   48         (c)Until site rehabilitation is completed or rules for
   49  statewide cleanup target levels are ratified by the Legislature,
   50  any statute of limitations that would bar a state or local
   51  governmental entity from pursuing relief in accordance with its
   52  existing authority is tolled from the effective date of this
   53  act.
   54         (d)This section does not affect the ability or authority
   55  to seek contribution from any person who may have liability with
   56  respect to a contaminated site and who did not receive
   57  protection under paragraph (b).
   58         Section 2. (1)The Office of Program Policy Analysis and
   59  Government Accountability shall conduct an analysis of programs
   60  in other states for the assessment and cleanup of soil and
   61  groundwater contamination, including programs for brownfields,
   62  petroleum, drycleaning solvents, and other chemical
   63  contamination. Based on its analysis, the office shall recommend
   64  any changes to Florida’s current programs that would improve the
   65  state’s ability to effectively address environmental
   66  contamination assessment and cleanup, including the efficacy of
   67  consolidating the state’s programs into a single remediation
   68  program. The analysis must include, at a minimum:
   69         (a)Funding mechanisms and sources of funding.
   70         (b)Funding eligibility requirements.
   71         (c)Current levels of funding.
   72         (d)An evaluation of best practices for successful cleanup
   73  programs and single remediation programs in other states and how
   74  such practices and programs address the needs of investigation
   75  and remediation stakeholders.
   76         (e)A comparison of best practices for successful cleanup
   77  programs and single remediation programs in other states and
   78  cleanup and remediation programs in this state.
   79         (2)The office shall submit a report of its findings and
   80  any recommendations to the Governor, the President of the
   81  Senate, and the Speaker of the House of Representatives by
   82  January 1, 2023.
   83         Section 3. The Division of Law Revision is directed to
   84  replace the phrase “the effective date of this act” wherever it
   85  occurs in this act with the date this act becomes a law.
   86         Section 4. This act shall take effect upon becoming a law.