Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1582
       
       
       
       
       
       
                                Ì186992UÎ186992                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2014           .                                
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       recommended the following:
       
    1         Senate Substitute for Amendment (740840) (with title
    2  amendment)
    3  
    4         Delete lines 1393 - 1451
    5  and insert:
    6  share. An applicant proposing that the department enter into a
    7  performance-based contract for the cleanup of at least 20 sites
    8  may use the following as its cost share commitment: a commitment
    9  to pay; a demonstrated cost savings to the department; or any
   10  combination of the two. For applications relying on a
   11  demonstration of a cost savings, the applicant, in conjunction
   12  with its proposed agency term contractor, shall establish and
   13  provide in its application the percentage of cost savings, in
   14  the aggregate, that is being provided to the department for
   15  cleanup of the sites under its application compared to the cost
   16  of cleanup of those same sites using the current rates provided
   17  to the department by that proposed agency term contractor. The
   18  department shall determine if the cost savings demonstration is
   19  acceptable, and such determination is not subject to chapter
   20  120.
   21         2. A nonrefundable review fee of $250 to cover the
   22  administrative costs associated with the department’s review of
   23  the application.
   24         3. A limited contamination assessment report.
   25         4. A proposed course of action.
   26  
   27  The limited contamination assessment report must shall be
   28  sufficient to support the proposed course of action and to
   29  estimate the cost of the proposed course of action. Any Costs
   30  incurred related to conducting the limited contamination
   31  assessment report are not refundable from the Inland Protection
   32  Trust Fund. Site eligibility under this subsection, or any other
   33  provision of this section is, shall not constitute an
   34  entitlement to preapproved advanced cleanup or continued
   35  restoration funding. The applicant shall certify to the
   36  department that the applicant has the prerequisite authority to
   37  enter into an a preapproved advanced cleanup contract with the
   38  department. The This certification must shall be submitted with
   39  the application.
   40         (b) The department shall rank the applications based on the
   41  percentage of cost-sharing commitment proposed by the applicant,
   42  with the highest ranking given to the applicant who that
   43  proposes the highest percentage of cost sharing. If the
   44  department receives applications that propose identical cost
   45  sharing commitments and that which exceed the funds available to
   46  commit to all such proposals during the preapproved advanced
   47  cleanup application period, the department shall proceed to
   48  rerank those applicants. Those applicants submitting identical
   49  cost-sharing proposals that which exceed funding availability
   50  must shall be so notified by the department and shall be offered
   51  the opportunity to raise their individual cost-share
   52  commitments, in a period of time specified in the notice. At the
   53  close of the period, the department shall proceed to rerank the
   54  applications pursuant to in accordance with this paragraph.
   55         (3)(a) Based on the ranking established under paragraph
   56  (2)(b) and the funding limitations provided in subsection (4),
   57  the department shall begin commence negotiation with such
   58  applicants. If the department and the applicant agree on the
   59  course of action, the department may enter into a contract with
   60  the applicant. The department may is authorized to negotiate the
   61  terms and conditions of the contract.
   62         (b) Preapproved Advanced cleanup shall be conducted
   63  pursuant to s. 376.3071(5)(b) and (6) and rules adopted under
   64  ss. 287.0595 and 376.3071 under the provisions of ss.
   65  376.3071(5)(b) and 376.30711. If the terms of the preapproved
   66  advanced cleanup contract are not fulfilled, the applicant
   67  forfeits any right to future payment for any site rehabilitation
   68  work conducted under the contract.
   69         (c) The department’s decision not to enter into an a
   70  preapproved advanced cleanup contract with the applicant is
   71  shall not be subject to the provisions of chapter 120. If the
   72  department cannot is not able to complete negotiation of the
   73  course of action and the terms of the contract within 60 days
   74  after beginning commencing negotiations, the department shall
   75  terminate negotiations with that applicant.
   76         (4) The department may is authorized to enter into
   77  contracts for a total of up to $15 million of preapproved
   78  advanced cleanup work in each fiscal year. However, a facility
   79  or an applicant that bundles multiple sites as specified in
   80  subparagraph (2)(a)1.
   81  
   82  ================= T I T L E  A M E N D M E N T ================
   83  And the title is amended as follows:
   84         Delete line 14
   85  and insert:
   86         amending ss. 376.301, 376.302, and 376.305, F.S.;
   87         conforming provisions to changes made by the act;
   88         amending s. 376.30713, F.S.; providing that applicants
   89         can use a demonstration of a cost savings if bundling
   90         multiple sites for meeting the required cost
   91         commitment share; amending ss.