H 1019

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    CS/CS/HB 1019, Engrossed 1  2026 Legislature
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2An act relating to perfluoroalkyl and polyfluoroalkyl
3substances; providing a short title; creating s.
4376.911, F.S.; defining the terms "aqueous film-
5forming foam" and "department"; prohibiting, beginning
6on a specified date, certain use and the sale,
7purchase, or distribution of aqueous film-forming
8foam; requiring, beginning on a specified date,
9certain entities to submit aqueous film-forming foam
10inventories and disposal plans to the Department of
11Environmental Protection; prohibiting, beginning on a
12specified date, the possession and use of aqueous
13film-forming foam; providing applicability; providing
14duties of the department; authorizing the department
15to administer certain grants or cost share programs;
16providing penalties and injunctive relief; amending s.
17403.086, F.S.; requiring certain public entities
18disposing of domestic wastewater biosolids and treated
19effluent to quarterly conduct specified samplings and
20submit the results to the Department of Environmental
21Protection; limiting the purpose of such samplings and
22results until specified standards are established by
23the United States Environmental Protection Agency and
24adopted by the department; providing an effective
25date.
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27    Be It Enacted by the Legislature of the State of Florida:
28
29Section 1.  This act may be cited as the "Joe Casello Act."
30Section 2.  Section 376.911, Florida Statutes, is created
31    to read:
32376.911       Aqueous film-forming foam.—
33(1)     As used in this section, the term:
34(a)     "Aqueous film-forming foam" means any firefighting
35    foam containing intentionally added perfluoroalkyl and
36    polyfluoroalkyl substances, including perfluorooctanoic acid and
37    perfluorooctane sulfonate as defined by the United States
38    Environmental Protection Agency.
39(b)     "Department" means the Department of Environmental
40    Protection.
41(2)     Effective July 1, 2026:
42(a)     Aqueous film-forming foam may not be used for any
43    nonemergency instruction, training, or testing.
44(b)     All entities in possession of aqueous film-forming
45    foam must report inventories to the department.
46(3)     Effective July 1, 2027:
47(a)     The sale, purchase, or distribution of aqueous film-
48    forming foam within this state is prohibited.
49(b)     All entities with remaining inventories of aqueous
50    film-forming foam must submit a disposal plan to the department.
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51(4)     Effective July 1, 2029, possession and use of aqueous
52    film-forming foam is prohibited in this state.
53(5)     The prohibition under subsection (4) does not apply
54    to:
55(a)     Airports as defined in s. 330.27.
56(b)     Military applications where alternatives do not exist.
57(c)     Emergency firefighting situations where alternative
58    firefighting foam is not available, including mutual aid where
59    state or local firefighting authorities may not have adequate
60    equipment to dispense alternatives.
61(d)     Specific aqueous film-forming foam retrofit projects
62    that have been submitted under an application with state or
63    local firefighting authorities.
64(6)     The department shall:
65(a)     Adopt rules for containment, collection, and disposal
66    of aqueous film-forming foam.
67(b)     Maintain a registry of firefighting foam alternatives
68    that do not contain perfluoroalkyl and polyfluoroalkyl
69    substances.
70(c)     Provide technical assistance and grants for transition
71    to products that do not contain perfluoroalkyl and
72    polyfluoroalkyl substances.
73(7)     The department may administer grants or cost share
74    programs to assist local fire departments and airports in
75    transitioning to products that do not contain perfluoroalkyl and
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76    polyfluoroalkyl substances.
77(8)     A person who violates this act is subject to:
78(a)     Civil penalties not to exceed $10,000 for each
79    violation for each day the violation persists.
80(b)     Additional penalties for failure to report inventories
81    or submit disposal plans.
82(c)     The department may seek injunctive relief to enforce
83    compliance with this section.
84Section 3.  Subsection (12) is added to section 403.086,
85    Florida Statutes, to read:
86403.086       Sewage disposal facilities; advanced and secondary
87    waste treatment.—
88(12)(a)       All public entities disposing of domestic
89    wastewater biosolids and treated effluent that have a designed
90    average daily flow of 25,000 or more gallons per day must
91    quarterly conduct at least one biosolids and treated effluent
92    sampling, as applicable, for perfluoroalkyl and polyfluoroalkyl
93    substances, including perfluorooctanoic acid and perfluorooctane
94    sulfonate, and submit the results to the department. The
95    sampling must be conducted in accordance with department rules.
96(b)     Until water quality standards for perfluoroalkyl and
97    polyfluoroalkyl substances are established by the United States
98    Environmental Protection Agency and adopted by the department,
99    the sampling and reporting conducted pursuant to paragraph (a)
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100    is for informational purposes only and may not be the basis for
101    any department enforcement action or other cause of action.
102Section 4.  This act shall take effect July 1, 2026.
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