Florida 2022 Regular Session

Florida House Bill H1475 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2		-	~~ENROLLED~~
3		-	CS/HB 1475 2022 ~~Legislature~~
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	3	+	CS/HB 1475 2022
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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9	9		Page 1 of 3
10	10		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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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to cleanup of perfluoroalkyl and 2
16	16		polyfluoroalkyl substances; creating s. 376.91, F.S.; 3
17	17		defining terms; requiring the Department of 4
18	18		Environmental Protection to adopt rules for statewide 5
19	19		cleanup target levels for perfluoroalkyl and 6
20	20		polyfluoroalkyl substances in drinking water, 7
21	21		groundwater, and soil under a specified condition; 8
22	22		prohibiting such rules from taking effect until 9
23	23		ratified by the Legislatur e; providing that certain 10
24	24		governmental entities and water suppliers are not 11
25	25		subject to administrative or judicial action under 12
26	26		certain circumstances; providing that certain statutes 13
27	27		of limitations are tolled from a specified date; 14
28	28		providing construction; p roviding a directive to the 15
29	29		Division of Law Revision; providing an effective date. 16
30	30		17
31	31		Be It Enacted by the Legislature of the State of Florida: 18
32	32		19
33	33		Section 1. Section 376.91, Florida Statutes, is created to 20
34	34		read: 21
35	35		376.91 Statewide cleanup of perfluoroa lkyl and 22
36	36		polyfluoroalkyl substances. — 23
37	37		(1) DEFINITIONS.—As used in this section, the term: 24
38	38		(a) "Department" means the Department of Environmental 25
39		-	~~ENROLLED~~
40		-	CS/HB 1475 2022 ~~Legislature~~
	39	+
	40	+	CS/HB 1475 2022
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42	42
43	43
44	44		CODING: Words stricken are deletions; words underlined are additions.
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47	47		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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51	51		Protection. 26
52	52		(b) "PFAS" means perfluoroalkyl and polyfluoroalkyl 27
53	53		substances, including perfluorooctanoic a cid (PFOA) and 28
54	54		perfluorooctane sulfonate (PFOS). 29
55	55		(2) STATEWIDE CLEANUP TARGET LEVELS. — 30
56	56		(a) If the United States Environmental Protection Agency 31
57	57		has not finalized its standards for PFAS in drinking water, 32
58	58		groundwater, and soil by January 1, 2025, the de partment shall 33
59	59		adopt by rule statewide cleanup target levels for PFAS in 34
60	60		drinking water, groundwater, and soil using criteria set forth 35
61	61		in s. 376.30701, with priority given to PFOA and PFOS. The rules 36
62	62		for statewide cleanup target levels may not take effect until 37
63	63		ratified by the Legislature. 38
64	64		(b) Until the department's rule for a particular PFAS 39
65	65		constituent has been ratified by the Legislature, a governmental 40
66	66		entity or private water supplier may not be subject to any 41
67	67		administrative or judicial action under this chapter brought by 42
68	68		any state or local governmental entity to compel or enjoin site 43
69	69		rehabilitation, to require payment for the cost of 44
70	70		rehabilitation of environmental contamination, or to require 45
71	71		payment of any fines or penalties regarding rehabilitati on based 46
72	72		on the presence of that particular PFAS constituent. 47
73	73		(c) Until site rehabilitation is completed or rules for 48
74	74		statewide cleanup target levels are ratified by the Legislature, 49
75	75		any statute of limitations that would bar a state or local 50
76		-	~~ENROLLED~~
77		-	CS/HB 1475 2022 ~~Legislature~~
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	77	+	CS/HB 1475 2022
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81	81		CODING: Words stricken are deletions; words underlined are additions.
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84	84		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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88	88		governmental entity from pursuing relief in accordance with its 51
89	89		existing authority is tolled from the effective date of this 52
90	90		act. 53
91	91		(d) This section does not affect the ability or authority 54
92	92		to seek any recourse or relief from any person who may have 55
93	93		liability with respect to a contaminated site and who did not 56
94	94		receive protection under paragraph (b). 57
95	95		Section 2. The Division of Law Revision is directed to 58
96	96		replace the phrase "the effective date of this act" wherever it 59
97	97		occurs in this act with the date this act becomes a law. 60
98	98		Section 3. This act shall take effect upon becoming a law. 61