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 Committee on Environment and Natural Resources
BILL: SB 1418
INTRODUCER: Senator Albritton
SUBJECT: Soil and Groundwater Contamination
DATE: January 28, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Rogers EN Pre-meeting
2. AEG
3. AP
I. Summary:
SB 1418 does the following:
Requires the Department of Environmental Protection (DEP) to adopt by rule statewide
cleanup target levels (CTLs) for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in
soils and groundwater, which do not take effect until ratified by the Legislature.
Provides a limitation of liability, until DEP’s rules have been ratified for a particular PFAS
constituent, from actions brought by local or state government entities to compel or enjoin
site rehabilitation, require payment of site rehabilitation costs, or require payment of fines or
penalties regarding rehabilitation based on the presence of that particular PFAS constituent.
Tolls any statute of limitations that would bar a state or local government entity from
pursuing relief under its existing authority, from the effective date of the act until site
rehabilitation is complete or the Legislature ratifies the CTLs.
Requires the Office of Program Policy Analysis and Government Accountability to conduct
an analysis of programs in other states for the assessment and cleanup of soils and
groundwater contamination, and submit a report of its findings and recommendations to the
Governor and Legislature by January 1, 2023.
II. Present Situation:
Cleanup Target Levels
A cleanup target level (CTL) is the concentration for each contaminant identified by an
applicable analytical test method, in the medium of concern, at which a site rehabilitation
program is deemed complete.1 The Department of Environmental Protection (DEP) establishes
1
Section 376.301(8), F.S.
BILL: SB 1418 Page 2
by rule CTLs for specific contaminants.2 These CTLs apply to requirements for site
rehabilitation across numerous programs.
Risk-Based Corrective Action
Risk-Based Corrective Action (RBCA) is a decision-making process that combines site
assessments and responses to chemical releases with human health and environmental risk
assessments to determine the need for remedial action and tailor corrective actions to site-
specific conditions and risks, which can vary greatly.3
In Florida, prior to 2003, RBCA was only used under specific DEP programs such as the
brownfields or petroleum programs, and contamination at a site was typically remediated to the
default CTLs contained in ch. 62-777 of the Florida Administrative Code.4 This meant there was
little flexibility for site-specific remediation strategies.5
In 2003, the Legislature created s. 376.30701, F.S., to establish a “global RBCA” process.6 The
original goal was a flexible site-specific cleanup process reflecting the intended use of the
property following cleanup, while maintaining adequate protection of human health, safety, and
the environment through the evaluation of contamination toxicity and exposure pathways.7
Section 376.30701, F.S., applies to all contaminated sites resulting from a discharge of pollutants
or hazardous substances where legal responsibility for site rehabilitation exists, except for those
contaminated sites subjected to the risk-based corrective action cleanup criteria established for
the petroleum, brownfields, and drycleaning programs pursuant to ss. 376.3071, 376.81, and
376.3078, F.S., respectively.8
The statute requires DEP to establish by rule criteria for determining on a site-specific basis the
tasks comprising a site rehabilitation program and the level at which a task and a program may
be deemed completed.9 Section 376.30701, F.S., contains requirements for determining or
establishing appropriate CTLs for groundwater and soil using RBCA principles.10
2
See generally Fla. Admin. Code Ch. 62-777.
3
Dep’t of Environmental Protection (DEP), Contaminated Soils Forum -- Policy Group, Waste Cleanup Focus Group, Issues
paper-- “Universal” Applicability of Risk-Based Correction Action at Florida Waste Cleanup Sites, 2 (1998), available at
https://floridadep.gov/sites/default/files/Universal-applicability-of-risk-based-corrective-action.pdf (last visited Jan. 18,
2022).
4
Ralph DeMeo et al., Risk-Based Corrective Action in Florida: How is it Working?, 89 FLORIDA BAR JOURNAL 1, 47 (Jan.
2015), https://www.floridabar.org/the-florida-bar-journal/risk-based-corrective-action-in-florida-how-is-it-working/ (last
visited Jan. 18, 2022).
5
Id.
6
See ch. 2003-173, s. 1, Laws of Fla.
7
Ralph DeMeo et al., Risk-Based Corrective Action in Florida: How is it Working?, 89 FLORIDA BAR JOURNAL 1, 47 (Jan.
2015), https://www.floridabar.org/the-florida-bar-journal/risk-based-corrective-action-in-florida-how-is-it-working/ (last
visited Jan. 18, 2022).
8
Section 376.30701(1)(b), F.S.
9
Section 376.30701(2), F.S.
10
Id.
BILL: SB 1418 Page 3
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.11 Perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA)
are the most common and the best-studied of these compounds.12 PFAS were widely used since
the 1950s, with applications in many industries, including the aerospace, semiconductor,
medical, automotive, construction, electronics, and aviation industries, as well as in consumer
products (e.g., carpets, clothing, furniture, outdoor equipment, food packaging) and firefighting
applications.13 While U.S. manufacturers have voluntarily phased out use of the chemicals,14
they persist in the environment, particularly at fire colleges, airports, and military installations.15
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.16
PFAS chemicals do not break down in the environment, can move through soil and water, and
can accumulate in fish and wildlife.17 Because of the widespread use and ease of transport, they
can be found virtually everywhere. The Centers for Disease Control and Prevention has detected
PFAS in nearly all persons it has tested, indicating widespread exposure in the U.S. population.18
Based on recent studies, health effects from PFAS potentially include increased risk of certain
cancers, increased cholesterol levels, impacts on hormones and the immune system, and fetal and
infant developmental effects.19
11
Interstate Technology Regulatory Council (ITRC), 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 Jan. 18, 2022).
12
Dep’t of Health (DOH), PFAS Chemical Awareness, http://www.floridahealth.gov/environmental-health/hazardous-waste-
sites/contaminant-facts/_documents/doh-pfas-poster.pdf (last visited Jan. 18, 2022).
13
ITRC, History and Use of PFAS, 1, 8 (2020), available at https://pfas-1.itrcweb.org/wp-content/uploads/2020/10/
history_and_use_508_2020Aug_Final.pdf (last visited Jan. 18, 2022).
14
DEP, PFAS Update, Presentation to the Florida Senate Committee on Environment and Natural Resources, 18:00 (Dec. 9,
2019), available at https://thefloridachannel.org/videos/12-9-19-senate-committee-on-environment-and-natural-resources/
(last visited Jan. 18, 2022). In the U.S., PFOS was phased out of production around 2002, and PFOA was phased out around
2015.
15
U.S. Environmental Protection Agency (EPA), PFAS Explained, https://www.epa.gov/pfas/pfas-explained (last visited Jan.
18, 2022); EPA, Our Current Understanding of the Human Health and Environmental Risks of PFAS,
https://www.epa.gov/pfas/our-current-understanding-human-health-and-environmental-risks-pfas (last visited Jan. 18, 2022).
16
Id.; see also DEP, PFAS Update, Presentation to the Florida Senate Committee on Environment and Natural Resources,
18:00 (Dec. 9, 2019), available at https://thefloridachannel.org/videos/12-9-19-senate-committee-on-environment-and-
natural-resources/ (last visited Jan. 18, 2022).
17
Centers for Disease Control and Prevention, Per- and Polyfluorinated Substances (PFAS) Factsheet, https://www.cdc.
gov/biomonitoring/PFAS_FactSheet.html (last visited Jan. 18, 2022).
18
Id.
19
DOH, PFAS Chemical Awareness, 2, http://www.floridahealth.gov/environmental-health/hazardous-waste-
sites/contaminant-facts/_documents/doh-pfas-poster.pdf (last visited Jan. 18, 2022).
BILL: SB 1418 Page 4
While the health effects from low-level concentrations of PFAS are not yet fully understood,
litigation and public interest is increasing nation-wide.20 In Florida, generally, issues exist
regarding liability for cleanup and third-party liability.21
The U.S. Environmental Protection Agency (EPA) prioritizes research and data collection for
new chemicals that are being discovered in water that previously had not been detected or are
being detected at levels that may be different than expected.22 These are called “contaminants of
emerging concern” (CEC). While CECs do not have regulatory limits, there may be a long-term
potential risk to human health or the environment associated with them. As part of EPA’s data
collection on CECs, all large and selected smaller public water systems across the U.S. are
required to monitor for CECs.23 Once EPA’s study and evaluation is complete, if EPA decides
not to regulate a CEC, then it may decide to develop a health advisory level (HAL) for the
detected contaminants. While HALs are non-enforceable federal limits, they serve as technical
guidance for federal, state, and local officials.24 For drinking water, the EPA has established a
HAL of 70 parts per trillion for PFOA and PFOS.25 The Department of Health (DOH) has
adopted the same HAL for those compounds.26
DEP has established provisional CTLs for PFAS to enable site cleanup under DEP’s
contaminated site cleanup criteria.27 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.28 These provisional standards are designed to protect human health, and the
provisional groundwater CTLs are the same as the EPA’s HAL for drinking water.
PFAS is common in firefighting foams that have been stored and used for fire suppression, fire
training, and flammable vapor suppression.29 These firefighting agents include Class B fluorine-
containing firefighting foams, such as aqueous film-forming foam (AFFF).30 PFAS are so
prevalent in firefighting agents that at least nine states have passed legislation to restrict or
20
Ralph A. DeMeo & Jorge Caspary, PFApocalypse Now: The PFAS Firestorm and Implications for Florida, 94 FLORIDA
BAR JOURNAL 3, 46 (May/June 2020), https://www.floridabar.org/the-florida-bar-journal/pfapocalypse-now-the-pfas-
firestorm-and-implications-for-florida/#u7068 (last visited Jan. 18, 2022).
21
Id.
22
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 Jan. 18,
2022).
23
Id.
24
EPA, How EPA Regulates Drinking Water Contaminants, https://www.epa.gov/dwregdev/how-epa-regulates-drinking-
water-contaminants (last visited Jan. 18, 2022).
25
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 Jan. 18, 2022).
26
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 Jan. 18, 2022).
27
DEP, PFAS Update, Presentation to the Florida Senate Committee on Environment and Natural Resources, 25:00 (Dec. 9,
2019), available at https://thefloridachannel.org/videos/12-9-19-senate-committee-on-environment-and-natural-resources/
(last visited Jan. 18, 2022); see Fla. Admin. Code Ch. 62-780.
28
DEP, Per-and Polyfluoroalkyl Substances (PFAS) Dynamic Plan, 9-10 (Feb. 2021), available at https://floridadep.gov/
sites/default/files/Dynamic_Plan_Revised_Feb2021.pdf (last visited Jan. 18, 2022).
29
ITRC, PFAS, https://pfas-1.itrcweb.org/3-firefighting-foams/ (last visited Jan. 18, 2022).
30
Id.
BILL: SB 1418 Page 5
prohibit the use of PFAS in firefighting agents or activities.31 In Florida, DEP has already
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. 32 Of the
25 active facilities in the state with known or suspected use of AFFF, investigations indicate that
22 of the 25 had analytical results for PFOA and PFOS above the provisional groundwater
CTL.33 Where contamination is identified, DEP will help the facility develop a cleanup plan to
remove or contain the contamination to prevent future environmental impact and human
exposure.34
In February of 2021, DEP published the current version of its PFAS Dynamic Plan.35 The
Dynamic Plan establishes a comprehensive path forward with the understanding that it may be
necessary to change the approach as the science associated with these emerging contaminants
continues to develop.36 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 DOH to quickly evaluate and address any impacts to drinking water resources. 37
Office of Program Policy Analysis and Government Accountability (OPPAGA)
The Office of Program Policy Analysis and Government Accountability (OPPAGA) was created
by the Legislature in 1994.38 OPPAGA describes itself as the “research arm of the Florida
Legislature.”39 OPPAGA provides data, evaluative research, and objective analyses to assist
legislative budget and policy deliberations. OPPAGA conducts research as directed by state law,
the presiding officers, or the Joint Legislative Auditing Committee.”40 OPPAGA’s research
services include:
Performance evaluations and policy reviews of government programs;
Research and technical assistance to legislators and legislative committees;
Government Program Summaries (GPS), an electronic encyclopedia containing descriptive
and evaluative information on all major state programs; and
31
National Law Review, Expert Focus: US States Outpace EPA on PFAS Firefighting Foam Laws,
https://www.natlawreview.com/article/expert-focus-us-states-outpace-epa-pfas-firefighting-foam-laws (last visited Jan. 18,
2022); The New York State Senate, Senate Bill S439A, https://www.nysenate.gov/legislation/bills/2019/S439 (last visited
Jan. 18, 2022).
32
DEP, PFAS Update, Presentation to the Florida Senate Committee on Environment and Natural Resources, 36:00 (Dec. 9,
2019), available at https://thefloridachannel.org/videos/12-9-19-senate-committee-on-environment-and-natural-resources/
(last visited Jan. 18, 2022).
33
DEP, Per-and Polyfluoroalkyl Substances (PFAS) Dynamic Plan, 12 (Feb. 2021), available at https://floridadep.gov/
sites/default/files/Dynamic_Plan_Revised_Feb2021.pdf (last visited Jan. 18, 2022).
34
DEP, Fire Training Facility Preliminary Site Assessments, https://floridadep.gov/waste/waste-cleanup/content/fire-
training-facility-preliminary-site-assessments (last visited Jan. 18, 2022).
35
See DEP, Per-and Polyfluoroalkyl Substances (PFAS) Dynamic Plan (Feb. 2021), available at https://floridadep.gov/
sites/default/files/Dynamic_Plan_Revised_Feb2021.pdf (last visited Jan. 18, 2022).
36
Id. at 3.
37
Id.
38
Ch. 94-249, Laws of Fla.
39
Office of Program Policy Analysis and Government Accountability (OPPAGA), About OPPAGA,
https://oppaga.f