Florida 2022 2022 Regular Session

Florida House Bill H1475 Enrolled / Bill

Filed 03/07/2022

                            
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CS/HB 1475  	2022 Legislature 
 
 
 
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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 
 
 
 
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An act relating to cleanup of perfluoroalkyl and 2 
polyfluoroalkyl substances; creating s. 376.91, F.S.; 3 
defining terms; requiring the Department of 4 
Environmental Protection to adopt rules for statewide 5 
cleanup target levels for perfluoroalkyl and 6 
polyfluoroalkyl substances in drinking water, 7 
groundwater, and soil under a specified condition; 8 
prohibiting such rules from taking effect until 9 
ratified by the Legislature; providing that certain 10 
governmental entities and water suppliers are not 11 
subject to administrative or judicial action under 12 
certain circumstances; providing that certain statutes 13 
of limitations are tolled from a specified date; 14 
providing construction; providing a directive to the 15 
Division of Law Revision; providing an effective date. 16 
 17 
Be It Enacted by the Legislature of the State of Florida: 18 
 19 
 Section 1.  Section 376.91, Florida Statutes, is created to 20 
read: 21 
 376.91  Statewide cleanup of perfluoroalkyl and 22 
polyfluoroalkyl substances. — 23 
 (1)  DEFINITIONS.—As used in this section, the term: 24 
 (a)  "Department" means the Department of Environmental 25          
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Protection. 26 
 (b)  "PFAS" means perfluoroalkyl and polyfluoroalkyl 27 
substances, including perfl uorooctanoic acid (PFOA) and 28 
perfluorooctane sulfonate (PFOS). 29 
 (2)  STATEWIDE CLEANUP TARGET LEVELS. — 30 
 (a)  If the United States Environmental Protection Agency 31 
has not finalized its standards for PFAS in drinking water, 32 
groundwater, and soil by January 1 , 2025, the department shall 33 
adopt by rule statewide cleanup target levels for PFAS in 34 
drinking water, groundwater, and soil using criteria set forth 35 
in s. 376.30701, with priority given to PFOA and PFOS. The rules 36 
for statewide cleanup target levels may n ot take effect until 37 
ratified by the Legislature. 38 
 (b)  Until the department's rule for a particular PFAS 39 
constituent has been ratified by the Legislature, a governmental 40 
entity or private water supplier may not be subject to any 41 
administrative or judicial action under this chapter brought by 42 
any state or local governmental entity to compel or enjoin site 43 
rehabilitation, to require payment for the cost of 44 
rehabilitation of environmental contamination, or to require 45 
payment of any fines or penalties regardin g rehabilitation based 46 
on the presence of that particular PFAS constituent. 47 
 (c)  Until site rehabilitation is completed or rules for 48 
statewide cleanup target levels are ratified by the Legislature, 49 
any statute of limitations that would bar a state or loca l 50          
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governmental entity from pursuing relief in accordance with its 51 
existing authority is tolled from the effective date of this 52 
act. 53 
 (d)  This section does not affect the ability or authority 54 
to seek any recourse or relief from any person who may have 55 
liability with respect to a contaminated site and who did not 56 
receive protection under paragraph (b). 57 
 Section 2.  The Division of Law Revision is directed to 58 
replace the phrase "the effective date of this act" wherever it 59 
occurs in this act with the date th is act becomes a law. 60 
 Section 3.  This act shall take effect upon becoming a law. 61