This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1475d.SAC
DATE: 2/21/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1475 Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances
SPONSOR(S): McClure
TIED BILLS: IDEN./SIM. BILLS: SB 1418, SB 7012
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Environment, Agriculture & Flooding
Subcommittee
17 Y, 0 N Gawin Moore
2) Agriculture & Natural Resources Appropriations
Subcommittee
14 Y, 0 N White Pigott
3) State Affairs Committee Gawin Williamson
SUMMARY ANALYSIS
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) are a group of thousands of man-made chemical
compounds developed to provide oil and water repellency, chemical and thermal stability, and friction
reduction. Perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) are the most common and
the best-studied of these compounds. PFAS began being widely used in the 1950s, with applications in many
industries, including the aerospace, semiconductor, medical, automotive, construction, electronics, and
aviation industries, as well as in consumer products and firefighting foams. While U.S. manufacturers have
voluntarily phased out use of the chemicals, they persist in the environment, particularly at fire colleges,
airports, and military installations. PFAS chemicals do not break down in the environment, can move through
soil and water, and can accumulate in fish and wildlife. Due to their widespread use and ease of transport, they
can be found virtually everywhere.
By January 1, 2023, the bill requires DEP to adopt by rule statewide cleanup target levels for PFAS in soil and
groundwater using specified statutory criteria, with priority given to PFOA and PFOS. The bill requires the rules
to be ratified by the Legislature in order to take effect.
The bill specifies that until DEP’s rule has been ratified by the Legislature, a person may not be subject to any
administrative or judicial action brought by any state or local governmental entity to compel or enjoin site
rehabilitation, to require payment for the cost of rehabilitation of environmental contamination, or to require
payment of any fines or penalties regarding rehabilitation based on the presence of that particular PFAS
constituent.
The bill may have an insignificant fiscal impact on the state that can be absorbed within existing resources.
STORAGE NAME: h1475d.SAC PAGE: 2
DATE: 2/21/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Perfluoroalkyl and Polyfluoroalkyl Substances
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) are a group of thousands of man-made chemical
compounds developed to provide oil and water repellency, chemical and thermal stability, and friction
reduction.
1
Perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) are the most
common and the best-studied of these compounds.
2
PFAS began being widely used in the 1950s, with
applications in many industries, including the aerospace, semiconductor, medical, automotive,
construction, electronics, and aviation industries, as well as in consumer products and firefighting
foams.
3
While U.S. manufacturers have voluntarily phased out use of the chemicals,
4
they persist in the
environment, particularly at fire colleges, airports, and military installations where firefighting foam is
frequently used.
5
Although PFOA and PFOS are no longer manufactured in the U.S., they are still
produced internationally and can be imported into the U.S. in consumer goods such as carpet, leather
and apparel, textiles, paper and packaging, coatings, rubber, and plastics.
6
PFAS chemicals do not break down in the environment, can move through soil and water, and can
accumulate in fish and wildlife.
7
Due to their widespread use and ease of transport, they can be found
virtually everywhere. The Centers for Disease Control and Prevention (CDC) has detected PFAS in
nearly all persons it has tested, indicating widespread exposure in the U.S. population.
8
The CDC
indicated that it is still uncertain how low exposure to PFAS could impact humans, but it is possible that
higher levels could lead to a variety of health issues such as increased risk of certain cancers,
increased cholesterol levels, impacts on hormones and the immune system, and fetal and infant
developmental effects.
9
Federal Regulation of PFAS
The United States Environmental Protection Agency (EPA) prioritizes research and data collection for
new chemicals that are being discovered in water that previously had not been detected or are being
detected at levels that may be higher than expected.
10
These are called “contaminants of emerging
concern” (CEC). While CECs do not have regulatory limits, there may be a long-term potential risk to
human health or the environment associated with them. As part of the EPA’s data collection on CECs,
1
Interstate Technology Regulatory Council (ITRC), History and Use of PFAS, 1 (2020), available at https://pfas-1.itrcweb.org/wp-
content/uploads/2020/10/history_and_use_508_2020Aug_Final.pdf (last visited Jan. 23, 2022).
2
Dep’t of Health (DOH), PFAS Chemical Awareness, http://www.floridahealth.gov/environmental-health/hazardous-waste-
sites/contaminant-facts/_documents/doh-pfas-poster.pdf (last visited Jan. 23, 2022).
3
ITRC, History and Use of PFAS, 1, 3 (2020), available at https://pfas-1.itrcweb.org/wp-content/uploads/2020/10/
history_and_use_508_2020Aug_Final.pdf (last visited Jan. 23, 2022).
4
United States Environmental Protection Agency (EPA), Risk Management for Per- and Polyfluoroalkyl Substances (PFAS) under
TSCA, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-and-polyfluoroalkyl-substances-
pfas#:~:text=On%20October%209%2C%202007%2C%20EPA,2007%20SNUR%20for%20183%20chemicals.&text=Any%20other%
20uses%20of%20these,and%20review%20by%20the%20Agency. (last visited Jan. 23, 2022). In the U.S., PFOS was phased out of
production around 2002, and PFOA was phased out around 2015.
5
EPA, PFAS Explained, https://www.epa.gov/pfas/pfas-explained (last visited Jan. 23, 2022); EPA, Our Current Understanding of
the Human Health and Environmental Risks of PFAS, https://www.epa.gov/pfas/our-current-understanding-human-health-and-
environmental-risks-pfas (last visited Jan. 23, 2022).
6
Id.
7
Centers for Disease Control and Prevention, Per- and Polyfluorinated Substances (PFAS) Factsheet, https://www.cdc.
gov/biomonitoring/PFAS_FactSheet.html (last visited Jan. 23, 2022).
8
Id.
9
DOH, PFAS Chemical Awareness, 2, http://www.floridahealth.gov/environmental-health/hazardous-waste-sites/contaminant-
facts/_documents/doh-pfas-poster.pdf (last visited Jan. 23, 2022).
10
DEP, Regulated Drinking Water Contaminants and Contaminants of Emerging Concern, https://floridadep.gov/
comm/press-office/content/regulated-drinking-water-contaminants-and-contaminants-emerging-concern (last visited Jan. 23, 2022). STORAGE NAME: h1475d.SAC PAGE: 3
DATE: 2/21/2022
all large and selected smaller public water systems across the U.S. are required to monitor for CECs.
11
The EPA’s draft list of the next 30 CECs includes 29 types of PFAS and lithium.
12
If approved, these
chemicals will be monitored starting in 2023 through 2025.
13
Once the EPA’s study and evaluation of a particular CEC is complete, if the EPA decides not to
regulate the CEC, then it may decide to develop a health advisory level (HAL) for the detected
contaminant. While HALs are non-enforceable federal limits, they serve as technical guidance for
federal, state, and local officials.
14
For drinking water, the EPA has established a HAL of 70 parts per
trillion for PFOA and PFOS.
15
The Florida Department of Health (DOH) has adopted the same HAL for
those compounds.
16
State Regulations
Cleanup Target Levels
A cleanup target level (CTL) is the concentration for each contaminant identified by an applicable
analytical test method, in the medium of concern, at which a site rehabilitation program is deemed
complete.
17
The Department of Environmental Protection (DEP) establishes CTLs by rule for specific
contaminants.
18
These CTLs apply to requirements for site rehabilitation across numerous programs.
Contaminated Site Cleanup
Risk-Based Corrective Action (RBCA) is a decision-making process that combines site assessments
and responses to chemical releases with human health and environmental risk assessments to
determine the need for remedial action and tailor corrective actions to site-specific conditions and risks,
which can vary greatly.
19
In 2003, the Legislature established a “global” RBCA process for the state.
20
It created a flexible site-
specific cleanup process reflecting the intended use of the property following cleanup, while maintaining
adequate protection of human health, safety, and the environment through the evaluation of
contamination toxicity and exposure pathways.
21
All contaminated sites resulting from a discharge of
pollutants or hazardous substances where legal responsibility for site rehabilitation exists, except for
those contaminated sites subject to the RBCA cleanup criteria established for the petroleum,
brownfields, and dry cleaning programs, must follow this process.
22
DEP is required to establish by rule criteria for determining, on a site-specific basis, the tasks
comprising a site rehabilitation program and the level at which a task and a program may be deemed
completed.
23
DEP considers a variety of factors related to the current and potential risk of exposure to
11
Id.
12
Federal Register, Drinking Water Contaminant Candidate List 5-Draft,
https://www.federalregister.gov/documents/2021/07/19/2021-15121/drinking-water-contaminant-candidate-list-5-draft (last visited
Jan. 23, 2022).
13
Id.
14
EPA, How EPA Regulates Drinking Water Contaminants, https://www.epa.gov/dwregdev/how-epa-regulates-drinking-water-
contaminants (last visited Jan. 23, 2022).
15
EPA, Drinking Water Health Advisories for PFOA and PFOS, https://www.epa.gov/ground-water-and-drinking-water/drinking-
water-health-advisories-pfoa-and-pfos (last visited Jan. 23, 2022).
16
DOH, Maximum Contaminant Levels and Health Advisory Levels, 5 (2016) available at http://www.floridahealth.gov/
environmental-health/drinking-water/_documents/hal-list.pdf (last visited Jan. 23, 2022).
17
Section 376.301(8), F.S.
18
See generally ch. 62-777, Fla. Admin. Code.
19
DEP, Contaminated Soils Forum -- Policy Group, Waste Cleanup Focus Group, Issues paper-- “Universal” Applicability of Risk-
Based Correction Action at Florida Waste Cleanup Sites, 2 (1998), available at https://floridadep.gov/sites/default/files/Universal-
applicability-of-risk-based-corrective-action.pdf (last visited Jan. 23, 2022).
20
See ch. 2003-173, s. 1, Laws of Fla.
21
Ralph DeMeo et al., Risk-Based Corrective Action in Florida: How is it Working?, 89 FLORIDA BAR JOURNAL 1, 47 (Jan. 2015),
https://www.floridabar.org/the-florida-bar-journal/risk-based-corrective-action-in-florida-how-is-it-working/ (last visited Jan. 23,
2022).
22
Section 376.30701(1)(b), F.S.
23
Section 376.30701(2), F.S. STORAGE NAME: h1475d.SAC PAGE: 4
DATE: 2/21/2022
contaminants to determine and establish appropriate CTLs for groundwater and soil using RBCA
principles.
24
Regulation of PFAS
DEP has established provisional CTLs for PFAS to enable site cleanup under DEP’s contaminated site
cleanup criteria.
25
DEP has created numerical provisional CTLs and screening levels for PFOS and
PFOA in provisional groundwater CTLs, provisional soil CTLs, provisional irrigation water screening
levels, and surface water screening levels.
26
These provisional standards are designed to protect
human health, and the provisional groundwater CTLs are the same as the EPA’s HAL for drinking
water.
PFAS is common in firefighting foams that have been stored and used for fire suppression, fire training,
and flammable vapor suppression.
27
These firefighting agents include Class B fluorine-containing
firefighting foams, such as aqueous film-forming foam (AFFF).
28
DEP has assessed each fire training
facility in the state to ensure that PFAS-containing firefighting agents are disposed of and that only
firefighting agents that do not have PFAS are being used.
29
Of the 25 active facilities in the state with
known or suspected use of AFFF, investigations indicate that 22 of the 25 had analytical results for
PFOA and PFOS above the provisional groundwater CTL.
30
Where contamination is identified, DEP will
help the facility develop a cleanup plan to remove or contain the contamination to prevent future
environmental impact and human exposure.
31
In February of 2021, DEP published the current version of its PFAS Dynamic Plan.
32
The Dynamic Plan
establishes a comprehensive path forward for addressing PFAS contamination in the state with the
understanding that it may be necessary to change the approach as the science associated with these
emerging contaminants continues to develop.
33
The plan describes the current screening and
provisional CTLs and summarizes data and lessons learned from prior and ongoing investigations into
PFAS contamination. The plan states that future investigations will be based on potential risk and will
include a continued coordinated response with DOH to quickly evaluate and address any impacts to
drinking water resources.
34
Effect of the Bill
By January 1, 2023, the bill requires DEP to adopt by rule statewide cleanup target levels for PFAS in
soil and groundwater using statutory RBCA criteria, with priority given to PFOA and PFOS. The bill
requires the rules for statewide cleanup target levels to be ratified by the Legislature in order to take
effect.
The bill specifies that until DEP’s rule has been ratified by the Legislature, a person may not be subject
to any administrative or judicial action brought by any state or local governmental entity to compel or
enjoin site rehabilitation, to require payment for the cost of rehabilitation of environmental
contamination, or to require payment of any fines or penalties regarding rehabilitation based on the
presence of that particular PFAS constituent.
24
Section 376.30701(2)(a)-(i), F.S.
25
DEP, Per-and Polyfluoroalkyl Substances (PFAS) Dynamic Plan (Feb. 2021), available at https://floridadep.gov/
sites/default/files/Dynamic_Plan_Revised_Feb2021.pdf (last visited Jan. 23, 2022). See ch. 62-780, Fla. Admin. Code.
26
Id.
27
ITRC, PFAS, https://pfas-1.itrcweb.org/3-firefighting-foams/ (last visited Jan. 23, 2022).
28
Id.
29
DEP, Fire Training Facility Preliminary Site Assessments, https://floridadep.gov/waste/waste-cleanup/content/fire-training-facility-
preliminary-site-assessments (last visited Jan. 23, 2022).
30
DEP, Per-and Polyfluoroalkyl Substances (PFAS) Dynamic Plan, 12 (Feb. 2021), available at https://floridadep.gov/
sites/default/files/Dynamic_Plan_Revised_Feb2021.pdf (last visited Jan. 23, 2022).
31
DEP, Fire Training Facility Preliminary Site Assessments, https://floridadep.gov/waste/waste-cleanup/content/fire-training-facility-
preliminary-site-assessments (last visited Jan. 23, 2022).
32
See DEP, Per-and Polyfluoroalkyl Substances (PFAS) Dynamic Plan (Feb. 2021), available at https://floridadep.gov/
sites/default/files/Dynamic_Plan_Revised_Feb2021.pdf (last visited Jan. 23, 2022).
33
Id. at 3.
34
Id. STORAGE NAME: h1475d.SAC PAGE: 5
DATE: 2/21/2022
The bill specifies that until site rehabilitation is completed or rules for statewide cleanup target levels
are ratified by the Legislature, any statute of limitations that would bar a state or local government entity
from pursuing relief in accordance with its existing authority is tolled from the effective date of the bill.
The bill specifies that it does not affect the ability or authority to seek any recourse or relief from any
person who may have liability with respect to a contaminated site and who did not receive protection
under the bill.
B. SECTION DIRECTORY:
Section 1. Creates s. 376.91, F.S., related to statewide cleanup of PFAS.
Section 2. Provides a directive to the Division of Law Revision.
Section 3. Provides an effective date of upon becoming a law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an insignificant negative fiscal impact on DEP that can be absorbed within
existing resources for the rulemaking requirements of the bill.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None. STORAGE NAME: h1475d.SAC PAGE: 6
DATE: 2/21/2022
B. RULE-MAKING AUTHORITY:
The bill requires DEP to adopt rules related to PFAS cleanup target levels by January 1, 2023.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.