Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 7012
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/02/2022           .                                
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       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Brodeur) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 376.91, Florida Statutes, is created to
    6  read:
    7         376.91 Statewide cleanup of perfluoroalkyl and
    8  polyfluoroalkyl substances.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Department” means the Department of Environmental
   11  Protection.
   12         (b) “PFAS” means perfluoroalkyl and polyfluoroalkyl
   13  substances, including perfluorooctanoic acid (PFOA) and
   14  perfluorooctane sulfonate (PFOS).
   15         (2) STATEWIDE CLEANUP TARGET LEVELS.—
   16         (a) By January 1, 2023, the department shall adopt by rule
   17  statewide cleanup target levels for PFAS in soil and groundwater
   18  using criteria set forth in s. 376.30701, with priority given to
   19  PFOA and PFOS. The rules for statewide cleanup target levels may
   20  not take effect until ratified by the Legislature.
   21         (b) Until the department’s rule for a particular PFAS
   22  constituent has been ratified by the Legislature, a governmental
   23  entity or private water supplier may not be subject to any
   24  administrative or judicial action under this chapter brought by
   25  any state or local governmental entity to compel or enjoin site
   26  rehabilitation, to require payment for the cost of
   27  rehabilitation of environmental contamination, or to require
   28  payment of any fines or penalties regarding rehabilitation based
   29  on the presence of that particular PFAS constituent.
   30         (c) Until site rehabilitation is completed or rules for
   31  statewide cleanup target levels are ratified by the Legislature,
   32  any statute of limitations that would bar a state or local
   33  governmental entity from pursuing relief in accordance with its
   34  existing authority is tolled from the effective date of this
   35  act.
   36         (d) This section does not affect the ability or authority
   37  to seek any recourse or relief from any person who may have
   38  liability with respect to a contaminated site and who did not
   39  receive protection under paragraph (b).
   40         Section 2. The Division of Law Revision is directed to
   41  replace the phrase “the effective date of this act” wherever it
   42  occurs in this act with the date this act becomes a law.
   43         Section 3. This act shall take effect upon becoming a law.
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46  And the title is amended as follows:
   47         Delete everything before the enacting clause
   48  and insert:
   49                        A bill to be entitled                      
   50         An act relating to cleanup of perfluoroalkyl and
   51         polyfluoroalkyl substances; creating s. 376.91, F.S.;
   52         defining terms; requiring the Department of
   53         Environmental Protection to adopt rules for statewide
   54         cleanup target levels for perfluoroalkyl and
   55         polyfluoroalkyl substances in soil and groundwater by
   56         a specified date; prohibiting such rules from taking
   57         effect until ratified by the Legislature; providing
   58         that certain persons are not subject to administrative
   59         or judicial action under certain circumstances;
   60         providing that certain statutes of limitations are
   61         tolled from a specified date; providing construction;
   62         providing a directive to the Division of Law Revision;
   63         providing an effective date.