Florida 2022 2022 Regular Session

Florida House Bill H1339 Introduced / Bill

Filed 01/07/2022

                       
 
HB 1339  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1339-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to phosphogypsum stacks; amending s. 2 
403.4154, F.S.; requiring the Department of 3 
Environmental Protection to submit an annual report to 4 
the Governor, Legislature, and certain entities; 5 
providing report requirements; requiring the 6 
department to notify the Governor, Legislature, and 7 
certain entities of imminent hazards within a 8 
specified timeframe; requiring the department to 9 
create and maintain a database on its website; 10 
providing database requirements; requiring the 11 
department to update the database; providing an 12 
effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Florida: 15 
 16 
 Section 1.  Paragraphs (c) and (d) of subsection ( 2) of 17 
section 403.4154, Florida Statutes, are redesignated as 18 
paragraphs (d) and (e), respectively, a new paragraph (c) is 19 
added to subsection (2), paragraph (i) is added to subsection 20 
(3), and subsection (6) is added to that section, to read: 21 
 403.4154  Phosphogypsum management program. — 22 
 (2)  REGULATORY PROGRAM. — 23 
 (c)  By July 1, 2023, and each July 1 thereafter, the 24 
department shall complete a report on the status of 25     
 
HB 1339  	2022 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
phosphogypsum stacks in the state. The report must include 26 
summaries of any reports and inspections, imminent hazards and 27 
abatement actions, and material violations from the preceding 28 
year for each phosphogypsum stack, and a risk assessment score 29 
for each phosphogypsum stack based on risk assessment modeling 30 
results and the potential risk to human health, public safety, 31 
and the environment. The department shall submit the report to 32 
the Governor, the President of the Senate, the Speaker of the 33 
House of Representatives, the Division of Emergency Management, 34 
and the emergency management agency an d board of county 35 
commissioners for each county within which a phosphogypsum stack 36 
is located. 37 
 (3)  ABATEMENT OF IMMINENT HAZARD. — 38 
 (i)  If the department becomes aware that an imminent 39 
hazard exists for a phosphogypsum stack, the department shall 40 
immediately notify the Governor, the President of the Senate, 41 
the Speaker of the House of Representatives, the Division of 42 
Emergency Management, and the emergency management agency and 43 
board of county commissioners of the county within which the 44 
phosphogypsum stack is located. 45 
 (6)  ONLINE DATABASE. - 46 
 (a)  The department shall create and maintain on its 47 
website a database accessible to the public in a standardized, 48 
user-friendly, and easily understandable format that lists all 49 
phosphogypsum stacks in the state by county. 50     
 
HB 1339  	2022 
 
 
 
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 (b)  At a minimum, the database must provide the following 51 
information for each phosphogypsum stack: 52 
 1.  A current status summary, which includes a risk 53 
assessment score and brief summaries of any reports and 54 
inspections, imminent hazards and aba tement actions, and 55 
material violations. 56 
 2.  Links to any reports or inspections conducted pursuant 57 
to law or department rule. 58 
 3.  Links to information regarding any imminent hazards 59 
that existed at any time and actions taken to abate such 60 
hazards. 61 
 4.  Links to information regarding any material violations 62 
of applicable laws and regulations. 63 
 (c)  The department shall update the database as 64 
information becomes available for a phosphogypsum stack. 65 
 Section 2.  This act shall take effect July 1, 2021. 66