The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By:
BILL: SPB 7012
INTRODUCER: For Consideration by the Environment and Natural Resources Committee
SUBJECT: Per- and Polyfluoroalkyl Substances (PFAS) Task Force
DATE: November 29, 2021
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Anderson Rogers Pre-Meeting
2.
3.
4.
5.
6.
I. Summary:
SPB 7012 creates the Per- and Polyfluoroalkyl Substances (PFAS) Task Force, to be known as
the PFAS Task Force, within the Department of Environmental Protection (DEP) to develop
recommendations on:
Enforceable regulatory standards for PFAS in drinking water, groundwater, and soil.
A mechanism for the identification and cleanup of contaminated areas.
How to address liability for contamination and financial responsibility for cleanup.
Appropriate methods and technologies, considering cost, for cleanup and treatment of PFAS
contamination.
Funding sources and mechanisms for prioritizing the distribution of funds for cleanup and
remediation of PFAS contamination.
Methods to manage waste containing PFAS to prevent possible release or discharge into the
environment that could cause contamination of drinking water, groundwater, and soil.
Appropriate testing for and monitoring of PFAS in drinking water, groundwater, and soil to
protect the public health and welfare.
Methods to eliminate workplace exposure in the manufacturing industry.
The bill provides for the membership and operation of the task force. The bill requires the task
force to convene no later than October 1, 2022, and to submit an annual report to the Governor
and the Legislature, beginning October 1, 2023.
The task force is repealed on July 1, 2026.
REVISED: BILL: SPB 7012 Page 2
II. Present Situation:
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)
Perfluoroalkyl and Polyfluoroalkyl substances (PFAS) are a group of thousands of man-made
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 best-studied of these compounds.
2
PFAS have been widely used since the
1950s in many industries, including the aerospace, semiconductor, medical, automotive,
construction, electronics, and aviation industries. The compounds have also been used as
coatings in a variety of consumer products, such as non-stick cookware, waterproof and stain-
resistant fabrics, carpets, furniture, outdoor equipment, cleaning products, food packaging, and
firefighting foams.
3
While U.S. manufacturers have voluntarily phased out use of the chemicals since the early
2000s, they persist in the environment, particularly at fire colleges, airports, and military
installations,
4
where, in some circumstances, they are still used in firefighting foams.
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
Because of their prevalent use and ease of transport, they
can be found virtually everywhere. The U.S. 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 predominant PFAS human exposure pathways include contact in the workplace,
ingestion of food containing PFAS, ingestion of drinking water contaminated with PFAS, and
exposure to PFAS from consumer products or indoor dust.
9
Based on recent studies, health
effects from PFAS potentially include increased risk of certain cancers, increased cholesterol
1
Interstate Technology Regulatory Council, 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 Nov. 5, 2021).
2
Florida Department of Health (DOH), PFAS Chemical Awareness, available at http://www.floridahealth.gov/
environmental-health/hazardous-waste-sites/contaminant-facts/_documents/doh-pfas-poster.pdf (last visited Nov. 5, 2021).
3
Interstate Technology Regulatory Council, 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 Nov. 5, 2021).
4
Id. at 4.
5
For example, Federal Aviation Authority (FAA) regulations still require the use of aqueous film-forming foam (AFFF). See
14 C.F.R. § 139.317 (2021). However, due to environmental concerns, to satisfy part 139, the FAA is currently
recommending against testing AFFF by discharging it and has already approved four alternatives. See Federal Aviation
Authority (FAA), National Part 139 CertAlert No. 21-01, available at https://www.faa.gov/airports/airport_safety/
certalerts/media/part-139-cert-alert-21-01-AFFF.pdf (last visited Nov. 17, 2021).
6
Interstate Technology Regulatory Council, 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 Nov. 5, 2021).
7
U.S. Centers for Disease Control and Prevention, Per- and Polyfluorinated Substances (PFAS) Factsheet,
https://www.cdc.gov/biomonitoring/PFAS_FactSheet.html (last visited Nov. 5, 2021).
8
Id.
9
Interstate Technology Regulatory Council, Human and Ecological Health Effects and Risk Assessment of Per- and
Polyfluoroalkyl Substances (PFAS), 3 (2020), available at https://pfas-1.itrcweb.org/wp-content/uploads/
2020/10/human_and_eco_health_508_20200918.pdf (last visited Nov. 5, 2021). BILL: SPB 7012 Page 3
levels, liver and kidney damage, impacts on hormones and the immune system, and fetal and
infant developmental effects.
10
Some of the challenges to addressing PFAS are that the science surrounding the issue is rapidly
evolving, exposure is perceived as involuntary, risk management strategies are ever-changing,
and health impacts are greatest for the most sensitive populations.
11
Even while the health effects
from low-level concentrations of PFAS are not yet fully understood, litigation and public interest
is increasing nationally.
12
Disposal of PFAS Contaminated Soil and Solids
PFAS contaminated soils and solids may be excavated and disposed of in landfills.
13
However,
whether PFAS is classified as a hazardous waste can affect the ability to landfill as well as the
cost of disposal. Some nonhazardous waste landfills do not accept PFAS waste.
14
Incineration is another method of disposal, because heat can destroy chemicals.
15
Incineration is
one of only a few technologies that can potentially destroy PFAS. However, there are many
unknowns currently being researched to determine effective destruction temperatures, treatment
time, and other risk factors.
16
Federal Actions to Address PFAS
Drinking Water
Testing has detected PFAS in drinking water supplies across the country.
17
However, there are
no federal drinking water standards applicable to PFAS in the environment.
18
The U.S.
Environmental Protection Agency (EPA) researches and collects data for new chemicals that are
being discovered in water called “contaminants of emerging concern” (CEC).
19
While CECs do
10
DOH, PFAS Chemical Awareness, 2, available at http://www.floridahealth.gov/environmental-health/hazardous-waste-
sites/contaminant-facts/_documents/doh-pfas-poster.pdf (last visited Nov. 5, 2021).
11
Interstate Technology Regulatory Council, Risk Communication for Per- and Polyfluoroalkyl Substances (PFAS), 1 (2020),
available at https://pfas-1.itrcweb.org/wp-content/uploads/2020/10/pfas_rc_tech_508_2020Aug.pdf (last visited Nov. 5,
2021).
12
Ralph A. DeMeo and Jorge Caspary, PFApocalypse Now: The PFAS Firestorm and Implications for Florida, FLORIDA
BAR JOURNAL, Vol. 94, No. 3, pg. 46 (2020), https://www.floridabar.org/the-florida-bar-journal/pfapocalypse-now-the-pfas-
firestorm-and-implications-for-florida/#u7068 (last visited Nov. 5, 2021).
13
Interstate Technology Regulatory Council, Treatment Technologies and Methods for Per- and Polyfluoroalkyl Substances
(PFAS), 3 (2020), available at https://pfas-1.itrcweb.org/wp-content/uploads/2020/10/treatment_tech_508_Aug-2020-
Final.pdf (last visited Nov. 5, 2021).
14
Id.
15
Id. at 4.
16
Id.
17
Hu, Xindi C., et. al, Detection of Poly- and Perfluoroalkyl Substances (PFASs) in U.S. Drinking Water Linked to Industrial
Sites, Military Fire Training Areas, and Wastewater Treatment Plants (2016), Environmental Science & Technology Letters
3 (10):344-350, available at https://pubs.acs.org/doi/pdf/10.1021/acs.estlett.6b00260 (last visited Nov. 5, 2021).
18
Cordner, A., et. al., Guideline levels for PFOA and PFOS in drinking water: the role of scientific uncertainty, risk
assessment decisions, and social factors, J. EXPO. SCI. ENVIRON. EPIDEMIOL. (Mar. 29, 2019), available at
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6455940/pdf/41370_2018_Article_99.pdf/ (last visited Nov. 5, 2021).
19
U.S. Environmental Protection Agency (EPA), Determining the Prevalence of Contaminants in Treated and Untreated
Drinking Water, https://www.epa.gov/water-research/determining-prevalence-contaminants-treated-and-untreated-drinking- BILL: SPB 7012 Page 4
not have regulatory limits, there may be a long-term potential risk to human health or the
environment associated with them.
20
EPA requires all large and selected smaller public water
systems across the U.S. to monitor for CECs.
21
EPA uses this data to determine whether to
regulate a CEC and may decide to instead develop a health advisory level (HAL) for the detected
contaminants. HALs are non-enforceable and non-regulatory federal limits that serve as technical
guidance for federal, state, and local officials.
22
For drinking water, EPA has established a HAL
of 70 parts per trillion for PFOA and PFOS.
23
The Florida Department of Health (DOH) has
adopted the same HAL for those compounds.
24
Additionally, other U.S. federal agencies and programs are actively involved in PFAS-related
matters, such as the CDC, which studies the exposure of the U.S. population to PFAS; the U.S.
Department of Health and Human Services Agency for Toxic Substances and Disease Registry,
which funds studies to assess exposure to and health effects from PFAS; and the U.S.
Department of Defense (DOD), which funds projects to assess PFAS occurrence, fate and
transport, ecotoxicity, and remediation, as well as fluorine-free firefighting foams.
25
EPA’s PFAS Action Plan and PFAS Strategic Roadmap
In 2019, EPA released a formal PFAS Action Plan, which outlined actions that the agency
planned to take, including developing a maximum contaminant level (MCL) for states and local
water utilities under the federal Safe Drinking Water Act. An MCL would be an enforceable
regulatory standard
26
and PFOA and PFOS would be listed as hazardous substances under the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
27
EPA is
also developing groundwater cleanup recommendations.
28
In 2021, EPA released a PFAS Strategic Roadmap, which is intended to build on and accelerate
implementation of policy actions identified in the PFAS Action Plan and to commit to bolder
new policies to safeguard public health, protect the environment, and hold polluters
water (last visited Nov. 15, 2021); Florida Department of Environmental Protection (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 Nov. 5, 2021).
20
Id.
21
Id.; see also EPA, Learn About the Unregulated Contaminant Monitoring Rule, https://www.epa.gov/dwucmr/learn-about-
unregulated-contaminant-monitoring-rule (last visited Nov. 15, 2021).
22
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 Nov. 5, 2021).
23
Id.
24
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 Nov. 5, 2021). The HAL is identified as 0.07
micrograms per liter (ug/L), which is equivalent to 70 parts per trillion. See id.
25
Interstate Technology Regulatory Council, Regulation of Per- and Polyfluoroalkyl Substances (PFAS), 1 (2020), available
at https://pfas-1.itrcweb.org/wp-content/uploads/2020/10/regs__508_Aug-2020-Final.pdf (last visited Nov. 5, 2021).
26
EPA, Per- and Polyflurooalkul Substances (PFAS) Action Plan (Feb. 2019), available at https://www.epa.gov/
sites/production/files/2019-02/documents/pfas_action_plan_021319_508compliant_1.pdf (last visited Nov. 5, 2021); updated
at EPA, PFAS Action Plan: Program Update (Feb. 2020), available at https://www.epa.gov/sites/production/files/2020-
01/documents/pfas_action_plan_feb2020.pdf (last visited Nov. 5, 2021).
27
Id.
28
Id. BILL: SPB 7012 Page 5
accountable.
29
Some of the key actions for 2021 identified in the PFAS Strategic Roadmap
include publishing a national PFAS testing strategy; undertaking national monitoring for PFAS
in drinking water; publishing the final toxicity assessment for GenX and five additional PFAS;
engaging directly with affected communities; accelerating public health protections by
identifying PFAS categories; and educating the public about the risks of PFAS.
30
DOD National PFAS Task Force
The DOD formed a national PFAS Task Force in 2019 and has collaborated with other agencies
and entities to address PFAS issues at military installations.
31
The goals of the PFAS Task Force
are to mitigate and eliminate the use of the current aqueous film-forming foam (AFFF), fulfill
PFAS cleanup responsibilities, understand the impacts of PFAS on human health, and expand
PFAS-related public outreach.
32
The task force has made substantial progress toward understanding the DOD’s use of AFFF and
researching fluorine-free alternatives to AFFF, although there are challenges. A viable
alternative to AFFF must meet military specifications in terms of the time a fire must be put out
and EPA standards for human health and the environment. It must also be usable in existing
equipment and it must not degrade over time in storage. Notwithstanding these challenges, DOD
officials remain cautiously optimistic that the DOD will find and deploy a PFAS-free alternative
by the end of fiscal year 2024.
33
For cleanup, the DOD follows CERCLA. CERCLA is a law that was passed by Congress on
December 11, 1980 to form what is commonly known as Superfund.
34
Thousands of
contaminated sites exist nationally due to hazardous waste being dumped, left out in the open, or
otherwise improperly managed.
35
These sites include manufacturing facilities, processing plants,
landfills and mining sites.
36
CERCLA created a tax on the chemical and petroleum industries and
required that the money collected be used to clean up hazardous waste sites throughout the
country.
37
Superfund allows EPA to clean up contaminated sites.
38
It also forces the parties
responsible for the contamination to either perform cleanups or reimburse the government for
29
EPA, PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024, 5 (2021) available at https://www.epa.gov/
system/files/documents/2021-10/pfas-roadmap_final-508.pdf (last visited Nov. 17, 2021).
30
Id. at 10-21.
31
U.S. Department of Defense (DOD), Memo re: Per- and Polyfluoroalkyl Substances Task Force (Jul. 2019), available at
https://media.defense.gov/2019/Aug/09/2002169524/-1/-1/1/PER-AND-POLYFLUOROALKYL -SUBSTANCES-TASK-
FORCE.PDF (last visited Nov. 5, 2021).
32
DOD, DOD’s PFAS Public Outreach Focuses on Cleanup Progress, PFAS-Free Firefighting Solutions, Officials Say,
https://www.defense.gov/News/News-Stories/Article/Article/2818535/dods-pfas-public-outreach-focuses-on-cleanup-
progress-pfas-free-firefighting-so/ (last visited Nov. 15, 2021).
33
Id.
34
EPA, What is CERCLA?, https://usepa.servicenowservices.com/ecss?id=kb_article_view&sys_kb_id=
12ec93221bb99c1013bdb913cc4bcb32 (last visited Nov. 17, 2021).
35
EPA, What is Superfund?, https://usepa.servicenowservices.com/ecss?id=kb_article_view&sys_kb_id=
2e020af01b215410a5dced39bc4bcb98 (last visited Nov. 17, 2021).
36
Id.
37
EPA, What is CERCLA?, https://usepa.servicenowservices.com/ecss?id=kb_article_view&sys_kb_id=
12ec93221bb99c1013bdb913cc4bcb32 (last visited Nov. 17, 2021).
38
EPA, What is Superfund?, https://usepa.servicenowservices.com/ecss?id=kb_article_view&sys_kb_id=
2e020af01b215410a5dced39bc4bcb98 (last visited Nov. 17, 2021). BILL: SPB 7012 Page 6
EPA-led cleanup work.
39
When there is no viable responsible party, Superfund gives EPA the
funds and authority to clean up contaminated sites.
40
Federal agencies must comply with substantive and procedural CERCLA requirements to the
same extent as private entities.
41
The following sequence of events generally applies to all sites,
both privately and federally-owned or operated: preliminary assessment; site investigation;
listing on the National Priorities List; remedial investigation; feasibility study; record of
decision; remedial design; remedial action; long-term operation; and maintenance.
42
The remedy
selected for cleanup at a federal facility must meet CERCLA’s cleanup standards.
43
As noted, the first step is the preliminary assessment and site inspection phase. At about 50 off-
base sites around DOD installations, where PFOS or PFOA have been identified in drinking
water levels that exceed EPA’s HAL of 70 parts per trillion, the DOD has implemented short-
term solutions such as bottled water and point-of-use filters.
44
The DOD has also completed or at
least begun the preliminary assessment and site inspection phase at 669 installations where it
believes PFAS may have been used or potentially released; the goal is to have all 669 completed
by the end of fiscal year 2023.
45
The DOD has held two virtual PFAS public engagements thus far, in July and October 2021.
Attendees were primarily from communities around military installations where PFAS
substances have been identified in groundwater, although representatives from the White House
and EPA also attended. The next public engagement is scheduled for January 2022 and plans are
for more to follow.
46
Florida’s Efforts to Address PFAS
DEP is undertaking efforts to minimize human exposure to PFAS. Prior widespread use of PFAS
has led to contamination of Florida’s groundwater resources, including three areas identified
under the federal third Unregulated Contaminant Monitoring Rule (UCMR3) sampling of public
supply wells; 22 areas identified by DEP sampling of certified fire training facilities; 27 areas
identified by sampling of select State Cleanup Program sites; 15 areas identified by DEP
sampling of select dry-cleaning program sites; and 20 current and former federal facilities.
47
39
Id.
40
Id.
41
EPA, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Federal Facilities,
https://www.epa.gov/enforcement/comprehensive-environmental-response-compensation-and-liability-act-cercla-and-federal
(last visited Nov. 17, 2021).
42
Id.
43
Id.
44
DOD, DOD’s PFAS Public Outreach Focuses on Cleanup Progress, PFAS-Free Firefighting Solutions, Officials Say,
https://www.defense.gov/News/News-Stories/Article/Article/2818535/dods-pfas-public-outreach-focuses-on-cleanup-
progress-pfas-free-firefighting-so/ (last visited Nov. 15, 2021).
45
Id.
46
Id.
47
DEP, Per-and Polyfluoroalkyl Substances (PFAS) Dynamic Plan, 3 (Feb. 2021)[hereinafter DEP Dynamic Plan], available
at https://floridadep.gov/sites/default/files/Dynamic_Plan_Revised_Feb2021.pdf (last visited Nov. 8, 2021). BILL: SPB 7012 Page 7
Drinking Water
Between 2013 and 2015, EPA conducted a study that indicated that some utilities in Florida had
total levels of PFOA and PFOS above EPA’s HAL.
48
As a result of coordinated efforts between
DEP and the impacted water systems, most of these facilities have returned to levels below the
HALs and all of the facilities currently meet federal drinking water standards.
49
DEP continues
to provide technical assistance and potential funding assistance to the few facilities that are not
below the advisory level.
50
DOH established a lifetime drinking water health advisory for PFOS and PFOA of 70 parts per
trillion, in line with EPA’s HAL, for contamination identified in private and public water supply
wells.
51
DOH and DEP use the HAL of 70 parts per trillion to determine appropriate response
actions in their coordinated response to PFAS contamination.
52
Contaminated Site Cleanup
DEP has established provisional CTLs for PFAS to protect human health and enable site cleanup
under DEP’s contaminated site cleanup criteria.
53
DEP has created numerical provisional CTLs
and screening levels for PFOS and PFOA in the following categories: Provisional Groundwater
CTLs, Provisional Soil CTLs, Provisional Irrigation Water Screening Levels, and Surface Water
Screening Levels.
54
These CTLs have not been promulgated by rule.
55
The provisional
groundwater CTLs are the same as EPA’s HAL for drinking water.
In Florida, issues exist regarding liability for cleanup and third-party liability.
56
Where PFAS is
detected above the HAL and/or provisional CTLs, DEP is sending “62-780 letters” that assign
liability and timeframes for cleanup, leading to concerns about the substantial costs and lack of
capacity to comply.
57
Stakeholders, including the U.S. DOD, have questioned the enforceability
of CTLs, arguing that the CTLs are not promulgated and are not considered applicable or
48
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 Nov. 5,
2021).
49
Id.
50
Id.
51
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 Nov. 5, 2021). The HAL is identified as 0.07
micrograms per liter (ug/L), which is equivalent to 70 parts per trillion. See id.
52
DEP Dynamic Plan at 5. The HAL is identified as 70 nanograms per liter (ng/L), which is equivalent to 70 parts per
trillion. See id.
53
DEP, Provisional PFOA and PFOS Cleanup Target Levels and Screening Levels (Oct. 2020), available at
https://floridadep.gov/waste/district-business-support/documents/provisional-pfoa-and-pfos-cleanup-target-levels-screening
(last visited Nov. 8, 2021); see also Fla. Admin. Code Ch. 62-780.
54
DEP Dynamic Plan at 9-10 (Feb. 2021); see also Fla. Admin. Code Ch. 62-780.
55
DEP Dynamic Plan at 9. DEP’s plan states that parties responsible for site rehabilitation have the option of proposing
alternative CTLs to DEP’s provision CTLs.
56
Ralph A. DeMeo and Jorge Caspary, PFApocalypse Now: The PFAS Firestorm and Implications for Florida, FLORIDA
BAR JOURNAL, Vol. 94, No. 3, pg. 46 (2020), https://www.floridabar.org/the-florida-bar-journal/pfapocalypse-now-the-pfas-
firestorm-and-implications-for-florida/#u7068 (last visited Nov. 5, 2021).
57
Id. BILL: SPB 7012 Page 8
relevant and appropriate requirements as required by CERCLA.
58
However, DEP asserts in its
2021 PFAS Dynamic Plan (discussed in more detail below), that the provisional CTLs are
allowable and enforceable under Florida law.
59
EPA’s HAL and DEP’s provisional CTL for
groundwater has become a standard in site assessments and remediation, despite arguments that
DEP must adopt CTLs through the formal rulemaking process.
60
Firefighting Facilities
PFAS is common in firefighting foams that have been stored and used for fire suppression, fire
training, and flammable vapor suppression.
61
These firefighting agents include Class B fluorine-
containing firefighting foams, such as aqueous film-forming foam (AFFF).
62
In Florida, 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.
63
Of the
25 active facilities in the state with known or suspected use of AFFF, investigations indicate that
22 facilities had analytical results for PFOA and PFOS above the provisional groundwater
CTL.
64
Where contamination is identified, DEP helps the facility develop a cleanup plan to
remove or contain the contamination to prevent future environmental impact and human
exposure.
65
DEP PFAS Dynamic Plan
In February of 2021, DEP published the current version of its PFAS Dynamic Plan, which serves
as a coordinated approach with other state and federal agencies on PFAS developments and
issues.
66
The Dynamic Plan establishes a comprehensive path forward, while considering that it
may be necessary to change the approach as the science associated with these emerging
contaminants continues to develop.
67
The plan describes the current screening and provisional
CTLs, and summarizes data and lessons learned from prior and ongoing investigations. The plan
states that future investigations will be based on potential risk and will include a continued
58
See Department of the Army, Letter to DEP, Subject: Florida Department of Environmental Protection (FDEP)
Requirements for Addressing Per- and Polyfluoroalkyl Substances, 2 (June 6, 2019), available at https://floridadep.gov/
sites/default/files/FL%20DEP%20Response%206%20June%202019.pdf (last visited Nov. 5, 2021).
59
DEP Dynamic Plan at 9; see also Fla. Admin. Code Rules 62-780.150(6),(7) and 62-780.650(1). The rules authorize
alternative CTLs if calculated using the appropriate equations. See Fla. Admin. Code R. 62-777.170. In addition to default
CTLs promulgated by rule, the rule references the methods that must be used to develop alternative CTLs; see s.
376.30701(2), F.S. DEP is authorized to approve alternative CTLs on a site-specific basis.
60
Ralph A. DeMeo and Jorge Caspary, PFApocalypse Now: The PFAS Firestorm and Implications for Florida, FLORIDA
BAR JOURNAL, Vol. 94, No. 3, pg. 46 (2020), https://www.floridabar.org/the-florida-bar-journal/pfapocalypse-now-the-pfas-
firestorm-and-implications-for-florida/#u7068 (last visited Nov. 5, 2021).
61
Interstate Technology Regulatory Council, PFAS, https://pfas-1.itrcweb.org/3-firefighting-foams/ (last visited Nov. 5,
2021).
62
Id.
63
DEP, Fire Training Facility Preliminary Site Assessments, https://floridadep.gov/waste/waste-cleanup/content/fire-
training-facility-preliminary-site-assessments (last visited Nov. 5, 2021); DEP Dynamic Plan at 3.
64
DEP Dynamic Plan at 12.
65
DEP, Fire Training Facility Preliminary Site Assessments, https://floridadep.gov/waste/waste-cleanup/content/fire-
training-facility-preliminary-site-assessments (last visited Nov. 5, 2021).
66
See DEP Dynamic Plan.
67
Id. at 3. BILL: SPB 7012 Page 9
coordinated response with DOH to quickly evaluate and address any impacts to drinking water
resources.
68
DEP’s stated objectives in its dynamic plan are to:
Be a national leader in response to PFAS concerns;
Provide a technical and regulatory framework for the development of screening and cleanup
target levels for the protection of human health and the environment;
Implement a response strategy that minimizes risks to human health and protects Florida’s
resources;
Identify PFAS contamination through site investigations;
Continue efforts to prevent and reduce further impacts through outreach and communication;
and
Continue efforts to identify areas of potential or known contamination and address
environmental impacts through risk mitigation and remediation.
69
DEP has stated in its Dynamic Plan that going forward, it is working to identify other potential
contaminated sites and challenges that are impacting PFAS investigative work.
70
DEP is also
working to improve its technical understanding of PFAS through additional data and assessment
work.
71
Actions of Other States
States across the country are increasingly regulating PFAS. Absent federal PFAS standards,
multiple states have developed their own health-based water guidelines to direct decisions about
contaminated site cleanup and drinking water surveillance and treatment.
72
Some states,
including California, Colorado, Connecticut, Massachusetts, Michigan, Minnesota, New
Hampshire, New Jersey, New York, North Carolina and Vermont, have set numerical limits by
state law or agency rulemaking by either formally adopting EPA’s HALs or selecting other limits
based on their own analysis of the scientific data.
73
Several other states are also beginning to address PFAS chemicals in other capacities.
74
In recent
years, states have enacted legislation to restrict PFAS in firefighting foam, regulate the presence
68
Id.
69
Id. at 4.
70
Id. at 18-19.
71
Id. at 20.
72
Silverman, Gerald B., Glass Half-Full on State Solutions to Chemicals in Water, Bloomberg Environment (Sep. 18, 2018),
https://news.bloombergenvironment.com/environment-and-energy/glass-half-full-on-state-solutions-to-chemicals-in-water-
corrected (last visited Nov. 8, 2021); National Conference of State Legislatures (NCSL), Per- and polyfluoroalkyl Substances
(PFAS) | State Legislation and Federal Action, https://www.ncsl.org/research/environment-and-natural-resources/per-and-
polyfluoroalkyl-substances-pfas-state-laws.aspx (last visited Nov. 8, 2021).
73
See e.g. Mich. Admin. Code R. 325.10604g (2020), N.H. Rev. Stat. Ann. § 485:16-e (2020), N.J. Admin. Code § 7:10-5.2
(2020), N.J. Admin. Code § 7:14A-7.9 (2020), and N.Y. Comp. Codes R. & Regs. tit. 6, § 597 (2017).
74
National Conference of State Legislatures (NCSL), Per- and polyfluoroalkyl Substances (PFAS) | State Legislation and
Federal Action, https://www.ncsl.org/research/environment-and-natural-resources/per-and-polyfluoroalkyl-substances-pfas-
state-laws.aspx (last visited Nov. 8, 2021). BILL: SPB 7012 Page 10
of PFAS in drinking water by establishing MCLs, restrict PFAS in food packaging and consumer
products, and allocate funds for cleanup and remediation, among other measures.
75
In addition to passing legislation, some states have also made efforts to address PFAS through
legal action. States such as Michigan, Minnesota, New Hampshire, New Jersey, New York,
Ohio, and Vermont have sued the manufacturers of PFAS chemicals for threatening public health
and the environment in their state.
76
Task Force
Under Florida law, a task force is an advisory body created without specific statutory enactment
for a time not to exceed one year, or created by specific statutory enactment for a time not to
exceed three years, and appointed to study a specific problem and recommend a solution or
policy alternative related to that problem.
77
The existence of a task force terminates upon the
completion of its assignment.
78
Florida law requires an advisory body to inform the Legislature and the public of the body’s
purposes, memberships, activities, and expenses.
79
Moreover, unless expressly permitted in
statute, Florida law prohibits advisory board member compensation. However, members may
receive per diem and reimbursement of travel expenses.
80
III. Effect of Proposed Changes:
The bill creates the Per- and Polyfluoroalkyl Substances Task Force, to be known as the PFAS
Task Force, within DEP.
The bill provides for membership of the PFAS Task Force, requiring that it be composed of a
total of 15 members. It will include one representative from each of the following state entities:
DEP appointed by the Secretary;
Department of Health appointed by the State Surgeon General;
75
Id.; see e.g. Legislation in North Carolina to fund the monitoring and treatment of PFAS; in Washington to appropriate
funds to implement recommendations on addressing PFAS contamination in drinking water; in Minnesota to prohibit the use
of certain flame-retardant chemicals in certain types of furniture and children’s products; New York to establish requirements
for consumer notices for the use of PFAS and other chemicals in children’s products; in Pennsylvania to declare an area a
special drinking water resource-impacted community based on the discovery of hazardous substances.
76
See e.g. Nessela and Michigan v. 3M Company, et. al., Complaint, available at https://www.michigan.gov/documents/
ag/Complaint_2020-01-14_final_678329_7.pdf; State of Minnesota v. 3M Company, Complaint, available at
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CV-10-28862/Complaint-123010.pdf; State of New
Hampshire v. 3M Company, et al, Complaint, available at https://www.courts.state.nh.us/caseinfo/pdf/civil/3M-Chemours-
445/3M-Chemours-Complaint.pdf; State of New Hampshire v. Monsanto Co., et al, Complaint, available at
https://www.courts.state.nh.us/caseinfo/pdf/civil/Monsanto/102720Monsanto-complaint.pdf; State of New Jersey v. 3M
Company, et al, Complaint, available at https://www.nj.gov/oag/newsreleases19/AFFF_Complaint.pdf; State of Ohio v.
Dupont and Company, Complaint, available at https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-
Releases/Environmental-Enforcement/2018-02-08-DuPont-Complaint.aspx; State of Vermont v. 3M Company and DuPont
Company, Complaint, available at https://ago.vermont.gov/wp-content/uploads/2019/06/20190626-SOV-v-3M-et-al-
Complaint-NON-AFFF-FILE-STAMPED-COPY.pdf.
77
Section 20.03(8), F.S.
78
Id.
79
Section 20.052(3), F.S.
80
Section 20.052(4)(d), F.S.; see also s. 112.061, F.S. BILL: SPB 7012 Page 11
Department of Agriculture and Consumer Services appointed by the Commissioner;
Division of Emergency Management appointed by the Director; and
Bureau of Fire Standards and Training appointed by the Chief Financial Officer.
The PFAS Task Force will also include one representative of each of the following
organizations, appointed by the Governor:
Florida League of Cities;
Florida Association of Counties;
Florida Water Environment Association;
Florida Section of the American Water Works Association;
Florida Airports Council;
National Waste and Recycling Association;
Florida Brownfields Association;
Florida Ground Water Association;
Florida Sunshine Chapter of the Solid Waste Association of North America; and
Manufacturers Association of Florida.
The bill provides requirements about the operation of the task force, including:
Requiring the task force to elect a chair from its membership;
Requiring that the task force operate in a manner consistent with state law governing
advisory boards created by specific statutory enactment, except as otherwise provided;
81
Requiring the task force to meet at least quarterly and to conduct its meetings through
teleconferences or other means;
Authorizing members of the task force to receive reimbursement for per diem and travel
expenses for their service on the task force; and
Requiring DEP to assign staff to assist the task force in the performance of its duties.
The bill requires the task force to develop recommendations for:
Enforceable regulatory standards for PFAS in drinking water, groundwater, and soil;
A mechanism for the identification and cleanup of contaminated areas;
Methods to address liability for contamination and financial responsibility for cleanup;
Appropriate methods and technologies, considering cost, for cleanup and treatment of PFAS
contamination;
Funding sources and mechanisms for prioritizing the distribution of funds for cleanup and
remediation of PFAS contamination;
Methods to manage waste containing PFAS to prevent possible release or discharge into the
environment that could cause contamination of drinking water, groundwater, and soil;
Appropriate testing for and monitoring of PFAS in drinking water, groundwater, and soil to
protect the public health and welfare; and
Methods to eliminate workplace exposure within the manufacturing industry.
81
Although the PFAS Task Force is not an advisory board created by specific statutory enactment – meaning that there will
be no codification of the PFAS Task Force in Florida Statutes – the bill will nevertheless apply the requirements for such
advisory boards found in s. 20.052, F.S., to the PFAS Task Force, except as otherwise specified in the bill. BILL: SPB 7012 Page 12
The bill requires the task force to convene by October 1, 2022. The bill requires the task force to
submit an annual report to the Governor and the Legislature, beginning on October 1, 2023, that
includes its progress, findings, recommendations, and the following information:
The current science on PFAS, including harmful levels and ingestion and exposure routes,
with particular attention to significant developments;
Geographic areas with particularly high levels of contamination identified in the state; and
Past and present actions by the state and federal government to address PFAS.
The bill provides for repeal of the task force on July 1, 2026.
The bill takes effect on July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
DEP will likely incur an increase in workload and associated costs from operating the
task force. BILL: SPB 7012 Page 13
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
None. The bill creates an undesignated section of law.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.