Florida 2024 Regular Session

Florida House Bill H1531 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1531 2024
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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	14	A bill to be entitled 1
15	15	An act relating to climate resilience and drinking 2
16	16	water standards; creating s. 380.0939, F.S.; providing 3
17	17	definitions; requiring the Department of Environmental 4
18	18	Protection to establish the Blue Communities Program 5
19	19	for specified purposes; providing duties o f the 6
20	20	department; authorizing the department to delegate 7
21	21	specified initiatives; providing blue community 8
22	22	eligibility requirements; requiring the department to 9
23	23	establish the Blue Communities Fund for specified 10
24	24	purposes; providing reporting requirements; cre ating 11
25	25	s. 380.245, F.S.; providing a short title; providing 12
26	26	definitions; establishing an advisory board within the 13
27	27	department; providing for membership; establishing the 14
28	28	Ocean State Climate Adaptation and Resilience Grant 15
29	29	Fund within the department; specify ing sources and 16
30	30	uses of funding; specifying project eligibility 17
31	31	requirements; providing duties of the department and 18
32	32	the Florida Oceans and Coastal Council; providing 19
33	33	reporting requirements; requiring the department and 20
34	34	the council to jointly adopt rules; creating s. 21
35	35	379.27, F.S.; providing legislative findings; 22
36	36	establishing the Marine Resources Conservation Account 23
37	37	within the Marine Resources Conservation Trust Fund to 24
38	38	be administered by the Fish and Wildlife Conservation 25
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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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49	49
50	50
51	51	Commission; specifying sources and uses of funding; 26
52	52	providing for administrative procedures; requiring the 27
53	53	department to adopt rules; amending s. 403.853, F.S.; 28
54	54	requiring the department, or a local county health 29
55	55	department designated by the department, to monitor 30
56	56	the level of forever chemi cals in certain water 31
57	57	systems; defining the term "forever chemicals"; 32
58	58	providing monitoring standards for forever chemicals; 33
59	59	requiring the department to adopt rules by a specified 34
60	60	date; providing an effective date. 35
61	61	36
62	62	Be It Enacted by the Legislature of t he State of Florida: 37
63	63	38
64	64	Section 1. Section 380.0939, Florida Statutes, is created 39
65	65	to read: 40
66	66	380.0939 The Blue Communities Program. — 41
67	67	(1) For purposes of this section, the term: 42
68	68	(a) "Coastal waters" has the same meaning as in s. 43
69	69	373.019. 44
70	70	(b) "Department" means the Department of Environmental 45
71	71	Protection. 46
72	72	(c) "Eutrophication" means a process that creates 47
73	73	excessive plant and algal growth because of the increased 48
74	74	availability of one or more limiting growth factors needed for 49
75	75	photosynthesis, such as sun light, carbon dioxide, and nutrient 50
76	76
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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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86	86
87	87
88	88	fertilizers, which causes the death of animal life. 51
89	89	(d) "Nutrient pollution" means excess amounts of nutrients 52
90	90	from point and nonpoint sources which may lead to 53
91	91	eutrophication. 54
92	92	(e) "Program" means the Blue Communitie s Program created 55
93	93	in this section. 56
94	94	(f) "Watershed" has the same meaning as in s. 373.403(12). 57
95	95	(2)(a) The Blue Communities Program is established within 58
96	96	the department to incentivize local action to reduce nutrient 59
97	97	pollution and ocean acidification in t he coastal waters, fresh 60
98	98	waters, and watersheds. The program shall provide technical and 61
99	99	financial assistance, in the form of grants and loans, to local 62
100	100	governments that qualify as blue communities under this section. 63
101	101	(b) The department may delegate cert ain initiatives within 64
102	102	the program to departments, divisions, or offices. The 65
103	103	department may also integrate certain initiatives within the 66
104	104	program with existing programs, including the total maximum 67
105	105	daily load program as set forth in s. 403.067. 68
106	106	(3) To qualify as a blue community, a local government 69
107	107	must: 70
108	108	(a) File an application with the department in a form and 71
109	109	manner prescribed by the department. 72
110	110	(b) Adopt at least five of the following initiatives: 73
111	111	1. A liquid hazardous waste program which advertises 74
112	112	detergents, cleaning products, and other hazardous or nutrient -75
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121	121	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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123	123
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125	125	dense liquids that cannot be safely discarded or flushed or 76
126	126	poured down drains and through which the producer of such liquid 77
127	127	hazardous waste is responsible for collecting and properl y 78
128	128	disposing of such liquids. 79
129	129	2. A model groundwater protection regulation proposed by 80
130	130	the applicable water management district that limits the total 81
131	131	area of land covered by impervious surfaces to reduce runoff, 82
132	132	particularly in areas closest to coastal wa ters. 83
133	133	3. A water conservation ordinance as set forth in s. 84
134	134	166.048. 85
135	135	4. An ordinance contained within the "Florida -Friendly 86
136	136	Landscape Guidance Models for Ordinances, Covenants, and 87
137	137	Restrictions" manual developed by the department, or the Model 88
138	138	Ordinance for Florida-Friendly Fertilizer Use on Urban 89
139	139	Landscapes pursuant to s. 403.9337. 90
140	140	5. A shell collection system for local businesses to 91
141	141	return carbonate shells to the ocean. 92
142	142	6. A shellfish or seagrass regenerative ocean farming 93
143	143	operation or shellfish or seagrass restoration project which is 94
144	144	consistent with work conducted by the Seagrass Restoration 95
145	145	Technology Development Initiative. 96
146	146	7. A water quality monitoring system for waterbodies for 97
147	147	which total maximum daily loads have not been established, which 98
148	148	includes monitoring levels of pH, phosphorus, and nitrogen. 99
149	149	8. A plan to eliminate municipal -owned sanitary sewer or 100
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158	158	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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160	160
161	161
162	162	combined sewer overflows. 101
163	163	9. A stormwater utility program to fund upgrades to 102
164	164	stormwater infrastructure as set forth in s. 403.0893. 103
165	165	(c) Develop a blue community plan that prioritizes 104
166	166	implementation of the initiatives in paragraph (b) in 105
167	167	environmental justice communities and outlines specific metrics 106
168	168	for implementing each initiative. 107
169	169	(d) Report the expenditures and results of the blu e 108
170	170	community plan to the Executive Office of the Governor and the 109
171	171	chairs of the applicable committees of the Legislature every 2 110
172	172	years after the date on which the application is approved by the 111
173	173	department. 112
174	174	(4) The department shall establish the Blue Commu nities 113
175	175	Fund, which shall be used to finance the program and all or a 114
176	176	portion of the costs of studying, designing, constructing, and 115
177	177	implementing ocean acidification mitigation programs. The 116
178	178	department may integrate this fund with other similar funds. 117
179	179	Funds shall be appropriated annually by the state and include, 118
180	180	among other sources, moneys obtained from: 119
181	181	(a) The Marine Resources Conservation Trust Fund. 120
182	182	(b) The sales tax on fertilizers. 121
183	183	(c) Other sources of revenue related to carbon reduction, 122
184	184	the fishing industry, and environmental protection. 123
185	185	(5) The department must provide administration and 124
186	186	oversight to the program, including by: 125
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195	195	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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199	199	(a) Adopting rules and guidelines to administer and 126
200	200	enforce this section, including establishing applicant criteria, 127
201	201	application forms, and funding priorities and detailing 128
202	202	requirements for the structure in paragraph (b). 129
203	203	(b) Adopting a structure for communities to receive 130
204	204	funding that provides greater amounts of funding to communities 131
205	205	that adopt a greater number of i nitiatives. 132
206	206	(c) Submitting an annual report by September 1 to the 133
207	207	President of the Senate, the Speaker of the House of 134
208	208	Representatives, and the chairs of the appropriations committees 135
209	209	of the Legislature detailing the expenditures and results of the 136
210	210	program. 137
211	211	Section 2. Section 380.245, Florida Statutes, is created 138
212	212	to read: 139
213	213	380.245 Ocean state climate adaptation and resilience. — 140
214	214	(1) This section may be cited as the "Ocean State Climate 141
215	215	Adaptation and Resilience Act." 142
216	216	(2) For purposes of this secti on, the term: 143
217	217	(a) "Adaptation and resilience projects" or "projects" 144
218	218	means those projects on public land that protect or enhance 145
219	219	coastal or riverine habitats to address climate change impacts. 146
220	220	The term includes projects that reduce the vulnerability of low-147
221	221	lying infrastructure on public land through measures that 148
222	222	include removal and relocation of infrastructure and restoration 149
223	223	of river and stream floodplains, including the regrading of 150
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232	232	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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234	234
235	235
236	236	banks, revegetation, acquisition of land necessary to maintain 151
237	237	and preserve public access, and redesigning, resizing, and 152
238	238	replacing culverts and bridge spans at existing wetland 153
239	239	crossings. 154
240	240	(b) "Climate change impacts" means and includes, but is 155
241	241	not limited to, flooding, erosion, sea -level rise, and storm 156
242	242	surge. 157
243	243	(c) "Council" means the Florida Oceans and Coastal Council 158
244	244	created under chapter 161. 159
245	245	(d) "Director" means the director of the Division of Water 160
246	246	Resource Management. 161
247	247	(e) "Infrastructure" means roads, parking lots, and other 162
248	248	paved surfaces, shoreline protection structures, buildings, 163
249	249	water control structures, culverts, other structures, and 164
250	250	development remnants. 165
251	251	(f) "Public lands" has the same meaning as in s. 317.0003. 166
252	252	(g) "Shoreline protection structures" means revetments, 167
253	253	bulkheads, seawalls and floodwalls, breakwaters, jetties, and 168
254	254	other structures, the purpose or effect of which is to control 169
255	255	the erosion of coastal or river features, and includes any sheet 170
256	256	pile, concrete, or stone walls. 171
257	257	(3) An advisory board is established within the department 172
258	258	to consist of the following members: 173
259	259	(a) The Secretary of Environmental Protection or his or 174
260	260	her designee. 175
261	261
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269	269	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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272	272
273	273	(b) The director or his or her designee. 176
274	274	(c) The director of the relevant state planning unit 177
275	275	within the Department of Commerce or his or her designee. 178
276	276	(d) The director of the Division of Emergency Management 179
277	277	or his or her designee. 180
278	278	(4)(a) The Ocean State Climate Adaptation and Resilience 181
279	279	Grant Fund (OSCAR Grant Fund) is established within the 182
280	280	department. 183
281	281	(b) The OSCAR Grant Fund shall consist of: 184
282	282	1. Appropriations from the Legislature. 185
283	283	2. Funding received from federal, state, or other s ources, 186
284	284	including bond funds. 187
285	285	3. Funding received from any private donor. 188
286	286	4. Any interest earned on the OSCAR Grant Fund. 189
287	287	(c) Grant funds shall be used to carry out the purposes of 190
288	288	this section as follows: 191
289	289	1. The administrative expenses require d to carry out the 192
290	290	activities of the projects as described in this section may not 193
291	291	exceed $50,000 each for the council and the department annually, 194
292	292	which sum may not include the cost of issuing bonds or notes, if 195
293	293	applicable. The department and the council must submit annual 196
294	294	budget requests for their administrative and implementation 197
295	295	costs of the projects to the Legislature. 198
296	296	2. The planning, design, engineering, construction, and 199
297	297	monitoring of projects which must be approved by the department 200
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306	306	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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308	308
309	309
310	310	and the council upon recommendation of the advisory board. Only 201
311	311	grants approved through the process established by the 202
312	312	department and the council are eligible for funding under this 203
313	313	section. Subject to the availability of funds in the grant fund, 204
314	314	the Legislative Budge t Commission shall award funding upon 205
315	315	receipt of written approval of the department and the council. 206
316	316	(d) Factors to be taken into consideration by the advisory 207
317	317	board in determining the eligibility and priority of projects 208
318	318	for funding must include: 209
319	319	1. Consistency with the following, if applicable: 210
320	320	a. The council's most recent projections for sea -level 211
321	321	rise. 212
322	322	b. A coastal habitat restoration strategy. 213
323	323	c. The applicable best management practices plan. 214
324	324	d. Other applicable state and federal laws. 215
325	325	2. The ability and authority of the applicant to carry out 216
326	326	and properly maintain the project. 217
327	327	3. Whether the project will enhance public access to 218
328	328	public land. 219
329	329	4. The degree, risk, or extent of infrastructure 220
330	330	degradation on public land. 221
331	331	5. The extent of the public's use of the public land. 222
332	332	6. The proposed milestones to ensure that the project is 223
333	333	completed as designed and approved. 224
334	334	7. Whether the project will create or replace habitat 225
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343	343	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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345	345
346	346
347	347	losses that benefit fish and wildlife resources. 226
348	348	8. Potential water quality improvements. 227
349	349	9. Potential improvements to fish and wildlife habitats 228
350	350	for rare or endangered species under the federal Endangered 229
351	351	Species Act, 16 U.S.C. s. 1531 et seq. 230
352	352	10. The level and extent of collaboration with partne rs 231
353	353	such as municipalities, counties, nongovernmental organizations, 232
354	354	watershed councils, and federal agencies. 233
355	355	11. Overall potential benefits to the public and estimated 234
356	356	timeframe for the public to realize such benefits. 235
357	357	(5)(a) Grant funds shall be us ed solely for adaptation and 236
358	358	resilience projects as set forth in this section. 237
359	359	(b) Grant funds may not be used for: 238
360	360	1. Mitigating any current, planned, or future projects 239
361	361	that degrade, fill, or otherwise destroy coastal, estuarine, or 240
362	362	riverine habitats. 241
363	363	2. Fulfilling any liability for restoration required by 242
364	364	any local, state, or federal agency pursuant to an environmental 243
365	365	or a public health enforcement action. 244
366	366	3. With the exception of culverts, elevating, repairing, 245
367	367	or replacing existing infrast ructure, or constructing new 246
368	368	infrastructure, in a location experiencing climate change 247
369	369	impacts. 248
370	370	4. Constructing new or repairing existing shoreline 249
371	371	protection structures; provided, however, that existing 250
372	372
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380	380	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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384	384	shoreline protection structures located in public parks may be 251
385	385	repaired. 252
386	386	5. Constructing roads or bridges. 253
387	387	(6)(a) The department and the council shall jointly 254
388	388	establish and execute a process, at least annually, for the 255
389	389	solicitation, evaluation, and award of grant funds for projects 256
390	390	that meet the requirements in this section. The department and 257
391	391	the council shall forward written notifications of approval of a 258
392	392	project application to the Legislative Budget Commission. 259
393	393	(b) The department and the council shall jointly submit a 260
394	394	report to the President of the Senate and the Speaker of the 261
395	395	House of Representatives no later than the 10th day following 262
396	396	the convening of each regular session. The report shall include 263
397	397	all of the following: 264
398	398	1. The amount of grant funds awarded during the preceding 265
399	399	fiscal year. 266
400	400	2. A brief summary of the projects that received funding 267
401	401	and a timeline of implementation of such projects. 268
402	402	3. Any other information requested by the Legislature. 269
403	403	(7) The department and the council shall jointly adopt 270
404	404	rules as necessary to admini ster and enforce this section. 271
405	405	Section 3. Section 379.27, Florida Statutes, is created to 272
406	406	read: 273
407	407	379.27 Ocean stewardship and marine resources; legislative 274
408	408	findings; purposes; funding. — 275
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417	417	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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421	421	(1)(a) The Legislature finds that Florida's ocean waters 276
422	422	and its marine resources are some of the state's most 277
423	423	ecologically, economically, and culturally valuable 278
424	424	environmental assets. 279
425	425	(b) The Legislature further finds that the increasing 280
426	426	popularity of marine ecotourism requires greater measures to 281
427	427	ensure the continued health of marine ecosystems. The broad 282
428	428	range of recently documented anthropogenic impacts on coral reef 283
429	429	health, including coral bleaching, vessel groundings, anchoring 284
430	430	and mooring, diving activities, poaching, land - and water-based 285
431	431	pollutant discharges, and other direct and indirect uses of the 286
432	432	state's coral reefs, indicate that the state may need a more 287
433	433	consistent and reliable source of funding to manage, protect, 288
434	434	and restore its marine resources. A sustainable funding source 289
435	435	is especially critical t o create a cohesive network of nearshore 290
436	436	areas that benefits fisheries and ecosystem resilience. 291
437	437	(2) The purpose of this section is to establish an account 292
438	438	for the collection and use of moneys for the conservation, 293
439	439	restoration, and enhancement of the sta te's marine resources. 294
440	440	(3)(a) The Marine Resources Conservation Account is 295
441	441	established within the Marine Resources Conservation Trust Fund 296
442	442	to be administered by the commission. 297
443	443	(b) The following shall be deposited into the Marine 298
444	444	Resources Conservation Account: 299
445	445	1. Revenues due to the state from leases of any lands, 300
446	446
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454	454	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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457	457
458	458	facilities, equipment, and other property owned by the 301
459	459	department and used for or dedicated to the management, 302
460	460	research, restoration, or enhancement of marine resources. 303
461	461	2. Moneys collected for the purposes of compensatory 304
462	462	mitigation from federal - or state-permitted impacts to the 305
463	463	marine environment. 306
464	464	3. Grants, awards, donations, gifts, transfers, or moneys 307
465	465	derived from private or public sources, except: 308
466	466	a. Monetary contributions or mo neys collected from the 309
467	467	sale of nonmonetary gifts to benefit sport fish or sport 310
468	468	fishing. 311
469	469	b. Monetary contributions or moneys collected from the 312
470	470	sale of nonmonetary gifts to benefit aquatic life used for 313
471	471	commercial purposes or fishing for commercial purp oses. 314
472	472	4. Moneys derived from interest or dividends on the 315
473	473	account. 316
474	474	(4) The Marine Resources Conservation Account shall be 317
475	475	used to: 318
476	476	(a) Develop and carry out marine resource conservation, 319
477	477	restoration, enhancement, research, regulatory measures, 320
478	478	enforcement actions, educational activities, or any other 321
479	479	management measure intended to conserve, restore, and enhance 322
480	480	marine resources under the jurisdiction of the state. 323
481	481	(b) Develop and carry out restoration and compensatory 324
482	482	mitigation measures for i mpacts to the marine environment, 325
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491	491	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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493	493
494	494
495	495	including impacts to the marine environment from federal - or 326
496	496	state-permitted actions. 327
497	497	(c) Install, maintain, and replace day use mooring buoys 328
498	498	and other infrastructure to reduce impacts to the marine 329
499	499	ecosystem. 330
500	500	(5)(a) The Marine Resources Conservation Account shall be 331
501	501	held separate and apart from all other moneys, funds, and 332
502	502	accounts in the department, provided that any moneys received 333
503	503	from the federal government, through federal programs, or from 334
504	504	private contributions shall be deposited and accounted for in 335
505	505	accordance with conditions established by the agency or private 336
506	506	entity from which the moneys were received. Any balance 337
507	507	remaining in the account at the end of any fiscal year shall be 338
508	508	carried forward in the account f or the next fiscal year. 339
509	509	(b) The proceeds of the Marine Resources Conservation 340
510	510	Account may not be used as security for, or pledged to the 341
511	511	payment of principal or interest on, any bonds or instruments of 342
512	512	indebtedness. 343
513	513	(c) General revenue funds or funds from other programs and 344
514	514	activities may be used to implement or enforce other laws to 345
515	515	manage and conserve the state's ocean waters and marine 346
516	516	resources. 347
517	517	(6) The department shall adopt rules to implement this 348
518	518	section. 349
519	519	Section 4. Subsection (8) is added to section 403.853, 350
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528	528	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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532	532	Florida Statutes, to read: 351
533	533	403.853 Drinking water standards. — 352
534	534	(8)(a) The department, or a local county health department 353
535	535	designated by the department, shall monitor the level of forever 354
536	536	chemicals in community water systems and nontransient 355
537	537	noncommunity water systems using the national primary drinking 356
538	538	water regulations in effect at such time . For purposes of this 357
539	539	subsection, the term "forever chemicals" means per - and 358
540	540	polyfluoroalkyl substances, otherwise known as "PFAS," including 359
541	541	perfluorooctanoic acid, perfluorooctane sulfonic acid, 360
542	542	perfluorohexane sulfonic acid, perfluorononanoic acid, and 361
543	543	perfluoroheptanoic acid. 362
544	544	(b) If the presence of forever chemicals is detectable at 363
545	545	or above each analyte's lowest concentration minimum repo rting 364
546	546	level, as specified in the standard laboratory methods 365
547	547	established by the United States Environmental Protection 366
548	548	Agency, and the level is below the United States Environmental 367
549	549	Protection Agency health advisory level of 70 parts per 368
550	550	trillion, either individually or in combination with other 369
551	551	detectable forever chemicals , the department, or a local county 370
552	552	health department designated by the department, shall annually 371
553	553	monitor the level of forever chemicals in community water 372
554	554	systems and nontransient noncommunity water systems. 373
555	555	(c) By September 1, 2024, the department shall adopt rules 374
556	556	for purposes of this subsection, including establishing an 375
557	557
558	558	HB 1531 2024
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb1531-00
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565	565	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
566	566
567	567
568	568
569	569	enforceable maximum contaminant level for forever chemicals. 376
570	570	Section 5. This act shall take effect July 1, 2024. 377