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: The Professional Staff of the Appropriations Subcommittee on Agriculture, Environment, and General
Government
BILL: SB 7012
INTRODUCER: Environment and Natural Resources Committee
SUBJECT: Per- and Polyfluoroalkyl Substances Task Force
DATE: February 1, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
Anderson/Collazo Rogers EN Submitted as Committee Bill
1. Reagan Betta AEG Pre-meeting
2. AP
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; and
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The task force is repealed on July 1, 2026.
The DEP will likely incur an increase in workload and associated costs from operating the task
force. The bill also provides reimbursement for per diem and travel expenses to members for
service on the task force.
REVISED: BILL: SB 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: SB 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-
water (last visited Nov. 15, 2021); Florida Department of Environmental Protection (DEP), Regulated Drinking Water BILL: SB 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
The EPA requires all large and selected smaller public
water systems across the U.S. to monitor for CECs.
21
The 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, the 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, the 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
The
EPA is also developing groundwater cleanup recommendations.
28
In 2021, the 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
accountable.
29
Some of the key actions for 2021 identified in the PFAS Strategic Roadmap
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.
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). BILL: SB 7012 Page 5
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 the CERCLA. The 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
The 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 the 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 EPA-led cleanup work.
39
When there is no viable responsible party, Superfund
gives the EPA the funds and authority to clean up contaminated sites.
40
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?, Superfund - What is CERCLA? (servicenowservices.com) (last visited Jan. 25, 2022).
35
EPA, What is Superfund?, Superfund - What is Superfund? (servicenowservices.com) (last visited Jan. 25, 2022).
36
Id.
37
EPA, What is CERCLA?, Superfund - What is CERCLA? (servicenowservices.com) (last visited Jan. 25, 2022).
38
EPA, What is Superfund?, Superfund - What is Superfund? (servicenowservices.com) (last visited Jan. 25, 2022).
39
Id.
40
Id. BILL: SB 7012 Page 6
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 the 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 the 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 the 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
The 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
Drinking Water
Between 2013 and 2015, the EPA conducted a study that indicated that some utilities in Florida
had total levels of PFOA and PFOS above the EPA’s HAL.
48
As a result of coordinated efforts
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).
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). BILL: SB 7012 Page 7
between the 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
The
DEP continues to provide technical assistance and potential funding assistance to the few
facilities that are not below the advisory level.
50
The DOH established a lifetime drinking water health advisory for PFOS and PFOA of 70 parts
per trillion, in line with the EPA’s HAL, for contamination identified in private and public water
supply wells.
51
The DOH and the 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
The DEP has established provisional cleanup target levels (CTLs) for PFAS to protect human
health and enable site cleanup under the DEP’s contaminated site cleanup criteria.
53
The 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 the 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, the 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 DOD, have questioned the
enforceability of the CTLs, arguing that the CTLs are not promulgated and are not considered
applicable or relevant and appropriate requirements as required by the CERCLA.
58
However, the
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
The EPA’s HAL and the
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. The DEP’s plan states that parties responsible for site rehabilitation have the option of proposing
alternative CTLs to the 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.
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 BILL: SB 7012 Page 8
DEP’s provisional CTL for groundwater has become a standard in site assessments and
remediation, despite arguments that the 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 AFFF.
62
In Florida, the 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, the 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, the DEP published the current version of its PFAS Dynamic Plan (plan),
which serves as a coordinated approach with other state and federal agencies on PFAS
developments and issues.
66
The 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 coordinated response with the DOH to quickly evaluate and address any
impacts to drinking water resources.
68
The 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 CTLs for
the protection of human health and the environment;
CTLs promulgated by rule, the rule references the methods that must be used to develop alternative CTLs; see
s. 376.30701(2), F.S. The 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.
68
Id. BILL: SB 7012 Page 9
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
The DEP has stated in its plan that going forward, it is working to identify other potential
contaminated sites and challenges that are impacting PFAS investigative work.
70
The 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 the 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
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,
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).
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; in 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. BILL: SB 7012 Page 10
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 (PFAS) Task Force, to be known as the
PFAS Task Force (task force), within the Department of Environmental Protection (DEP).
The bill provides for membership of the task force, requiring that it be composed of a total of 16
members. It will include one representative from each of the following state entities:
The DEP appointed by the Secretary;
The Department of Health appointed by the State Surgeon General;
The Department of Agriculture and Consumer Services appointed by the Commissioner;
The Division of Emergency Management appointed by the Director; and
The Bureau of Fire Standards and Training appointed by the Chief Financial Officer.
The task force will also include one representative of each of the following organizations,
appointed by the Governor:
The Florida League of Cities;
The Florida Association of Counties;
The Florida Water Environment Association;
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: SB 7012 Page 11
The Florida Section of the American Water Works Association;
The Florida Airports Council;
The National Waste and Recycling Association;
The Florida Brownfields Association;
The Florida Ground Water Association;
The Florida Sunshine Chapter of the Solid Waste Association of North America;
The Manufacturers Association of Florida; and
The Florida Professional Firefighters.
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 the 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 and firefighting
industries.
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.
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: SB 7012 Page 12
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:
The Department of Environmental Protection will likely incur an increase in workload
and associated costs from operating the task force. The bill also provides reimbursement
for per diem and travel expenses to members for service on the task force.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: SB 7012 Page 13
VIII. Statutes Affected:
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.