THE BILL ITSELF
HB 855
Perfluoroalkyl and Polyfluoroalkyl Substances
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A bill to be entitled
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An act relating to perfluoroalkyl and polyfluoroalkyl
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substances; amending s. 376.91, F.S.; revising and
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providing definitions; providing for the ratification
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of certain rules for cleanup target levels for PFAS;
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authorizing the Department of Environmental Protection
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to update statewide cleanup target levels as
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necessary; requiring such updates to be ratified by
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the Legislature; requiring the department to adopt
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interim screening values until the United States
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Environmental Protection Agency establishes final
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standards for additional PFAS compounds; providing
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requirements to apply for prospective purchaser
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protection; requiring the department to review
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applications for completeness within a specified
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timeframe; providing that an application is deemed
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approved under specified circumstances; specifying the
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timeframe in which liability protection is effective;
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providing liability protection for certain
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contaminations; authorizing the department or other
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parties to pursue cost recovery; requiring the
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department to issue completion letters under certain
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circumstances; specifying the circumstances under
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which a prospective purchaser forfeits liability
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protection; requiring the department and the
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Department of Revenue to ensure eligibility to
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financial assistance for certain sites; creating s.
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633.3041, F.S.; providing definitions; prohibiting
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fire service providers from using certain Class B
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firefighting foam after a specified date except under
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certain circumstances; providing construction;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 376.91, Florida Statutes, is amended to
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read:
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376.91 Statewide cleanup of perfluoroalkyl and
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polyfluoroalkyl substances; liability protection; financial
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assistance.—
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(1) DEFINITIONS.—As used in this section, the term:
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(a) "All appropriate inquiries" means consideration of
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PFAS contamination, included in the All Appropriate Inquiries
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rule under 40 C.F.R. s. 312.20, which sets the federal standards
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and practices necessary to fulfill the requirements of the
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Comprehensive Environmental Response, Compensation, and
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Liability Act.
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(b)(a) "Department" means the Department of Environmental
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Protection.
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(c) "Institutional control" means an enforceable
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restriction or condition designed to prevent exposure to PFAS
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contamination.
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(d)(b) "PFAS" means perfluoroalkyl and polyfluoroalkyl
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substances, including perfluorooctanoic acid (PFOA), and
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perfluorooctane sulfonate (PFOS), and any other compounds
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designated by the United States Environmental Protection Agency.
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(e) "PSPA" means a PFAS site participation agreement a
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prospective purchaser executes with the department.
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(2) STATEWIDE CLEANUP TARGET LEVELS.—
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(a) If the United States Environmental Protection Agency
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has not finalized its standards for PFAS in drinking water,
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groundwater, and soil by January 1, 2026, the department shall
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adopt by rule statewide cleanup target levels for PFAS in
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drinking water, groundwater, and soil using criteria set forth
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in s. 376.30701, with priority given to PFOA and PFOS. The rules
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established by the department, consistent with the United States
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Environmental Protection Agency's standards, for statewide
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cleanup target levels for PFAS are may not take effect until
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ratified by the Legislature.
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(b) The department may update the statewide cleanup target
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levels as necessary to remain aligned with the United States
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Environmental Protection Agency's risk assessments or health
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advisories. Any updates to the statewide cleanup target levels
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adopted by the department must be ratified by the Legislature
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under s. 120.541(3).
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(b) Until the department's rule for a particular PFAS
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constituent has been ratified by the Legislature, a governmental
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entity or private water supplier may not be subject to any
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administrative or judicial action under this chapter brought by
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any state or local governmental entity to compel or enjoin site
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rehabilitation, to require payment for the cost of
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rehabilitation of environmental contamination, or to require
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payment of any fines or penalties regarding rehabilitation based
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on the presence of that particular PFAS constituent.
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(c) Until the United States Environmental Protection
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Agency establishes final standards for additional PFAS, the
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department must adopt interim screening values to guide site
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assessment and remedial actions rehabilitation is completed or
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rules for statewide cleanup target levels are ratified by the
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Legislature, any statute of limitations that would bar a state
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or local governmental entity from pursuing relief in accordance
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with its existing authority is tolled from June 20, 2022.
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(d) This section does not affect the ability or authority
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to seek any recourse or relief from any person who may have
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liability with respect to a contaminated site and who did not
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receive protection under paragraph (b).
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(3) BONA FIDE PROSPECTIVE PURCHASER PROTECTION.—
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(a) To qualify for liability protection, an applicant may
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not have any affiliation with a liable party and must do the
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following:
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1. Conduct all appropriate inquiries that includes a PFAS
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analysis.
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2. Comply with all continuing obligations, including
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maintenance of institutional controls and reporting of releases.
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The department may impose United States Environmental Protection
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Agency due diligence requirements for a Phase I Environmental
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Site Assessment under the United States Environmental Protection
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Agency's all appropriate inquiries rule.
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(b)1. The department shall review a PSPA application for
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completeness within 30 days after receipt of the application.
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2. If the department does not deny a PSPA application
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within 120 days after receipt of the application, the
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application is deemed approved.
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3. After the department executes a PSPA, liability
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protection is effective during the time period a prospective
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purchaser takes to comply with this section.
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(c) A bona fide prospective purchaser is not liable for
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PFAS contamination that exists before acquisition.
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(d) Liability protection does not bar the department or
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other parties from pursuing cost recovery against responsible
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persons as authorized under this chapter.
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(e) The department shall issue completion letters to
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prospective purchasers upon satisfaction of all PSPA
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obligations.
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(f) A prospective purchaser forfeits liability protection
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under this section for any willful violation of a PSPA
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application or the failure to maintain continuing obligations
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established by the department.
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(4) FINANCIAL ASSISTANCE.—The department and the
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Department of Revenue shall ensure eligibility for remediation
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tax credits, brownfield grants, and other financial assistance
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programs for sites that meet the requirements of subsection (3).
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Section 2. Section 633.3041, Florida Statutes, is created
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to read:
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633.3041 Class B firefighting foam.—
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(1) As used in this section, the term:
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(a) "Class B firefighting foam" means any firefighting
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foam designed to extinguish fires involving flammable liquids.
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(b) "PFAS chemicals" means a class of fluorinated organic
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chemicals containing at least one fully fluorinated carbon atom,
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including perfluoroalkyl substances, designed to be fully
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functional in Class B firefighting foam formulations.
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(c) "Testing" means a calibration, conformance, or fixed
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system testing.
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(2) Beginning January 1, 2027, a fire service provider may
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not discharge or otherwise use Class B firefighting foam that
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contains intentionally added PFAS chemicals unless such
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discharge or use occurs in the course of providing fire
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prevention services or in response to an emergency firefighting
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operation.
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(3) This section does not:
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(a) Restrict the manufacturing, sale, or distribution of
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Class B firefighting foam that contains intentionally added PFAS
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chemicals;
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(b) Restrict the discharge or use of Class B firefighting
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foam in providing fire prevention services or in response to an
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emergency firefighting operation; or
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(c) Prevent the use of nonfluorinated foams, including
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other Class B firefighting foams, for purposes of firefighter
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training or testing.
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Section 3. This act shall take effect July 1, 2026.