S 1058

Florida Senate - 2026  SB 1058
By Senator Berman
26-01040-26  20261058__
1A bill to be entitled
2An act relating to perfluoroalkyl and polyfluoroalkyl
3substances; amending s. 376.91, F.S.; revising and
4defining terms; providing for the ratification of
5certain rules for cleanup target levels for
6perfluoroalkyl and polyfluoroalkyl substances (PFAS);
7authorizing the Department of Environmental Protection
8to update statewide cleanup target levels as
9necessary; requiring that such updates be ratified by
10the Legislature; requiring the department to adopt
11interim screening values until the United States
12Environmental Protection Agency establishes final
13standards for additional PFAS compounds; providing
14requirements to qualify for prospective purchaser
15protection; requiring the department to review
16applications for completeness within a specified
17timeframe; providing that an application is deemed
18approved under specified circumstances; specifying the
19timeframe in which liability protection is effective;
20providing liability protection for certain
21contaminations; authorizing the department or other
22parties to pursue cost recovery; requiring the
23department to issue completion letters under certain
24circumstances; specifying the circumstances under
25which a prospective purchaser forfeits liability
26protection; requiring the department and the
27Department of Revenue to ensure eligibility to
28financial assistance for certain sites; creating s.
29633.3041, F.S.; defining terms; prohibiting fire
30service providers from using certain Class B
31firefighting foam after a specified date except under
32certain circumstances; providing construction;
33providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37Section 1. Section 376.91, Florida Statutes, is amended to
38read:
39376.91 Statewide cleanup of perfluoroalkyl and
40polyfluoroalkyl substances; liability protection; financial
41assistance.—
42(1) DEFINITIONS.—As used in this section, the term:
43(a)“All appropriate inquiries” means consideration of PFAS
44contamination, included in the All Appropriate Inquiries rule
45under 40 C.F.R. s. 312.20, which sets the federal standards and
46practices necessary to fulfill the requirements of the
47Comprehensive Environmental Response, Compensation, and
48Liability Act.
49(b)[(a)] “Department” means the Department of Environmental
50Protection.
51(c)“Institutional control” means an enforceable
52restriction or condition designed to prevent exposure to PFAS
53contamination.
54(d)[(b)] “PFAS” means perfluoroalkyl and polyfluoroalkyl
55substances, including perfluorooctanoic acid (PFOA), [and]
56perfluorooctane sulfonate (PFOS), and any other compounds
57designated by the United States Environmental Protection Agency.
58(e)“PSPA” means a PFAS site participation agreement a
59prospective purchaser executes with the department.
60(2) STATEWIDE CLEANUP TARGET LEVELS.—
61(a) [If the United States Environmental Protection Agency]
62[has not finalized its standards for PFAS in drinking water,]
63[groundwater, and soil by January 1, 2026, the department shall]
64[adopt by rule statewide cleanup target levels for PFAS in]
65[drinking water, groundwater, and soil using criteria set forth]
66[in s. 376.30701, with priority given to PFOA and PFOS.] The rules
67established by the department, consistent with the United States
68Environmental Protection Agency’s standards, for statewide
69cleanup target levels for PFAS are [may not take effect until]
70ratified by the Legislature.
71(b)The department may update the statewide cleanup target
72levels as necessary to remain aligned with the United States
73Environmental Protection Agency’s risk assessments or health
74advisories. Any update to the statewide cleanup target levels
75adopted by the department must be ratified by the Legislature
76under s. 120.541(3).
77[(b)][Until the department’s rule for a particular PFAS]
78[constituent has been ratified by the Legislature, a governmental]
79[entity or private water supplier may not be subject to any]
80[administrative or judicial action under this chapter brought by]
81[any state or local governmental entity to compel or enjoin site]
82[rehabilitation, to require payment for the cost of]
83[rehabilitation of environmental contamination, or to require]
84[payment of any fines or penalties regarding rehabilitation based]
85[on the presence of that particular PFAS constituent.]
86(c) Until the United States Environmental Protection Agency
87establishes final standards for additional PFAS, the department
88shall adopt interim screening values to guide site assessment
89and remedial actions [rehabilitation is completed or rules for]
90[statewide cleanup target levels are ratified by the Legislature,]
91[any statute of limitations that would bar a state or local]
92[governmental entity from pursuing relief in accordance with its]
93[existing authority is tolled from June 20, 2022].
94(d) This section does not affect the ability or authority
95to seek any recourse or relief from any person who may have
96liability with respect to a contaminated site [and who did not]
97[receive protection under paragraph (b)].
98(3)BONA FIDE PROSPECTIVE PURCHASER PROTECTION.—
99(a)To qualify for liability protection, an applicant may
100not have any affiliation with a liable party and must do all of
101the following:
1021.Conduct all appropriate inquiries that include a PFAS
103analysis.
1042.Comply with all continuing obligations, including
105maintenance of institutional controls and reporting of releases.
106The department may impose United States Environmental Protection
107Agency due diligence requirements for a Phase I Environmental
108Site Assessment under the United States Environmental Protection
109Agency’s all appropriate inquiries rule.
110(b)1.The department shall review a PSPA application for
111completeness within 30 days after receipt of the application.
1122.If the department does not deny a PSPA application
113within 120 days after receipt of the application, the
114application is deemed approved.
1153.After the department executes a PSPA, liability
116protection is effective during the time period a prospective
117purchaser takes to comply with this section.
118(c)A bona fide prospective purchaser is not liable for
119PFAS contamination that exists before acquisition.
120(d)Liability protection does not bar the department or
121other parties from pursuing cost recovery against responsible
122persons as authorized under this chapter.
123(e)The department shall issue completion letters to
124prospective purchasers upon satisfaction of all PSPA
125obligations.
126(f)A prospective purchaser forfeits liability protection
127under this section for any willful violation of a PSPA
128application or the failure to maintain continuing obligations
129established by the department.
130(4)FINANCIAL ASSISTANCE.—The department and the Department
131of Revenue shall ensure eligibility for remediation tax credits,
132brownfield grants, and other financial assistance programs for
133sites that meet the requirements of subsection (3).
134Section 2. Section 633.3041, Florida Statutes, is created
135to read:
136633.3041Class B firefighting foam.—
137(1)As used in this section, the term:
138(a)“Class B firefighting foam” means any firefighting foam
139designed to extinguish fires involving flammable liquids.
140(b)“PFAS chemicals” means a class of fluorinated organic
141chemicals containing at least one fully fluorinated carbon atom,
142including perfluoroalkyl substances, designed to be fully
143functional in Class B firefighting foam formulations.
144(c)“Testing” means a calibration, conformance, or fixed
145system testing.
146(2)Beginning January 1, 2027, a fire service provider may
147not discharge or otherwise use Class B firefighting foam that
148contains intentionally added PFAS chemicals unless such
149discharge or use occurs in the course of providing fire
150prevention services or in response to an emergency firefighting
151operation.
152(3)This section does not:
153(a)Restrict the manufacturing, sale, or distribution of
154Class B firefighting foam that contains intentionally added PFAS
155chemicals;
156(b)Restrict the discharge or use of Class B firefighting
157foam in providing fire prevention services or in response to an
158emergency firefighting operation; or
159(c)Prevent the use of nonfluorinated foams, including
160other Class B firefighting foams, for purposes of firefighter
161training or testing.
162Section 3. This act shall take effect July 1, 2026.