Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 100
Ì334112fÎ334112
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/03/2016 .
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The Committee on Appropriations (Hukill) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 89 - 395
4 and insert:
5 Section 2. Paragraph (b) of subsection (2), subsection (4),
6 paragraph (b) of subsection (5), paragraph (b) of subsection
7 (12), and subsection (13) of section 376.3071, Florida Statutes,
8 are amended to read:
9 376.3071 Inland Protection Trust Fund; creation; purposes;
10 funding.—
11 (2) INTENT AND PURPOSE.—
12 (b) It is the intent of the Legislature that the department
13 implement rules and procedures to improve the efficiency and
14 productivity of the Petroleum Restoration Program. The
15 department is directed to implement rules and policies to
16 eliminate and reduce duplication of site rehabilitation efforts,
17 paperwork, and documentation, and micromanagement of site
18 rehabilitation tasks. The department shall make efficiency and
19 productivity a priority in the administration of the Petroleum
20 Restoration Program and to this end, when necessary, shall use
21 petroleum program contracted services to improve the efficiency
22 and productivity of the program. Furthermore, when implementing
23 rules and procedures to improve such efficiency and
24 productivity, the department shall recognize and consider the
25 potential value of utilizing contracted inspection and
26 professional resources to efficiently and productively
27 administer the program.
28 (4) USES.—Whenever, in its determination, incidents of
29 inland contamination related to the storage of petroleum or
30 petroleum products may pose a threat to the public health,
31 safety, or welfare, water resources, or the environment, the
32 department shall obligate moneys available in the fund to
33 provide for:
34 (a) Prompt investigation and assessment of contamination
35 sites.
36 (b) Expeditious restoration or replacement of potable water
37 supplies as provided in s. 376.30(3)(c)1.
38 (c) Rehabilitation of contamination sites, which shall
39 consist of cleanup of affected soil, groundwater, and inland
40 surface waters, using the most cost-effective alternative that
41 is technologically feasible and reliable and that provides
42 adequate protection of the public health, safety, and welfare,
43 and water resources, and that minimizes environmental damage,
44 pursuant to the site selection and cleanup criteria established
45 by the department under subsection (5), except that this
46 paragraph does not authorize the department to obligate funds
47 for payment of costs which may be associated with, but are not
48 integral to, site rehabilitation, such as the cost for
49 retrofitting or replacing petroleum storage systems.
50 (d) Maintenance and monitoring of contamination sites.
51 (e) Inspection and supervision of activities described in
52 this subsection.
53 (f) Payment of expenses incurred by the department in its
54 efforts to obtain from responsible parties the payment or
55 recovery of reasonable costs resulting from the activities
56 described in this subsection.
57 (g) Payment of any other reasonable costs of
58 administration, including those administrative costs incurred by
59 the Department of Health in providing field and laboratory
60 services, toxicological risk assessment, and other assistance to
61 the department in the investigation of drinking water
62 contamination complaints and costs associated with public
63 information and education activities.
64 (h) Establishment and implementation of the compliance
65 verification program as authorized in s. 376.303(1)(a),
66 including contracting with local governments or state agencies
67 to provide for the administration of such program through
68 locally administered programs, to minimize the potential for
69 further contamination sites.
70 (i) Funding of the provisions of ss. 376.305(6) and
71 376.3072.
72 (j) Activities related to removal and replacement of
73 petroleum storage systems, exclusive of costs of any tank,
74 piping, dispensing unit, or related hardware, if soil removal is
75 approved as a component of site rehabilitation and requires
76 removal of the tank where remediation is conducted under this
77 section or if such activities were justified in an approved
78 remedial action plan.
79 (k) Reasonable costs of restoring property as nearly as
80 practicable to the conditions which existed before activities
81 associated with contamination assessment or remedial action
82 taken under s. 376.303(4).
83 (l) Repayment of loans to the fund.
84 (m) Expenditure of sums from the fund to cover ineligible
85 sites or costs as set forth in subsection (13), if the
86 department in its discretion deems it necessary to do so. In
87 such cases, the department may seek recovery and reimbursement
88 of costs in the same manner and pursuant to the same procedures
89 established for recovery and reimbursement of sums otherwise
90 owed to or expended from the fund.
91 (n) Payment of amounts payable under any service contract
92 entered into by the department pursuant to s. 376.3075, subject
93 to annual appropriation by the Legislature.
94 (o) Petroleum remediation pursuant to this section
95 throughout a state fiscal year. The department shall establish a
96 process to uniformly encumber appropriated funds throughout a
97 state fiscal year and shall allow for emergencies and imminent
98 threats to public health, safety, and welfare, water resources,
99 and the environment as provided in paragraph (5)(a). This
100 paragraph does not apply to appropriations associated with the
101 free product recovery initiative provided in paragraph (5)(c) or
102 the advanced cleanup program provided in s. 376.30713.
103 (p) Enforcement of this section and ss. 376.30-376.317 by
104 the Fish and Wildlife Conservation Commission. The department
105 shall disburse moneys to the commission for such purpose.
106 (q) Payments for program deductibles, copayments, and
107 limited contamination assessment reports that otherwise would be
108 paid by another state agency for state-funded petroleum
109 contamination site rehabilitation. This paragraph expires July
110 1, 2016.
111
112 The issuance of a site rehabilitation completion order pursuant
113 to subsection (5) or paragraph (12)(b) for contamination
114 eligible for programs funded by this section does not alter the
115 project’s eligibility for state-funded remediation if the
116 department determines that site conditions are not protective of
117 human health under actual or proposed circumstances of exposure
118 under subsection (5). The Inland Protection Trust Fund may only
119 be used only to fund the activities in ss. 376.30-376.317 except
120 ss. 376.3078 and 376.3079. Amounts on deposit in the fund in
121 each fiscal year must shall first be applied or allocated for
122 the payment of amounts payable by the department pursuant to
123 paragraph (n) under a service contract entered into by the
124 department pursuant to s. 376.3075 and appropriated in each year
125 by the Legislature before making or providing for other
126 disbursements from the fund. This subsection does not authorize
127 the use of the fund for cleanup of contamination caused
128 primarily by a discharge of solvents as defined in s.
129 206.9925(6), or polychlorinated biphenyls when their presence
130 causes them to be hazardous wastes, except solvent contamination
131 which is the result of chemical or physical breakdown of
132 petroleum products and is otherwise eligible. Facilities used
133 primarily for the storage of motor or diesel fuels as defined in
134 ss. 206.01 and 206.86 are not excluded from eligibility pursuant
135 to this section.
136 (5) SITE SELECTION AND CLEANUP CRITERIA.—
137 (b) It is the intent of the Legislature to protect the
138 health of all people under actual circumstances of exposure. The
139 secretary shall establish criteria by rule for the purpose of
140 determining, on a site-specific basis, the rehabilitation
141 program tasks that comprise a site rehabilitation program and
142 the level at which a rehabilitation program task and a site
143 rehabilitation program are completed. In establishing the rule,
144 the department shall incorporate, to the maximum extent
145 feasible, risk-based corrective action principles to achieve
146 protection of the public health, safety, and welfare, water
147 resources, and the environment in a cost-effective manner as
148 provided in this subsection. Criteria for determining what
149 constitutes a rehabilitation program task or completion of site
150 rehabilitation program tasks and site rehabilitation programs
151 shall be based upon the factors set forth in paragraph (a) and
152 the following additional factors:
153 1. The current exposure and potential risk of exposure to
154 humans and the environment including multiple pathways of
155 exposure.
156 2. The appropriate point of compliance with cleanup target
157 levels for petroleum products’ chemicals of concern. The point
158 of compliance shall be at the source of the petroleum
159 contamination. However, the department may temporarily move the
160 point of compliance to the boundary of the property, or to the
161 edge of the plume when the plume is within the property
162 boundary, while cleanup, including cleanup through natural
163 attenuation processes in conjunction with appropriate
164 monitoring, is proceeding. The department may also, pursuant to
165 criteria provided for in this paragraph, temporarily extend the
166 point of compliance beyond the property boundary with
167 appropriate monitoring, if such extension is needed to
168 facilitate natural attenuation or to address the current
169 conditions of the plume, if the public health, safety, and
170 welfare, water resources, and the environment are adequately
171 protected. Temporary extension of the point of compliance beyond
172 the property boundary, as provided in this subparagraph, must
173 include notice to local governments and owners of any property
174 into which the point of compliance is allowed to extend.
175 3. The appropriate site-specific cleanup goal. The site
176 specific cleanup goal shall be that all petroleum contamination
177 sites ultimately achieve the applicable cleanup target levels
178 provided in this paragraph. However, the department may allow
179 concentrations of the petroleum products’ chemicals of concern
180 to temporarily exceed the applicable cleanup target levels while
181 cleanup, including cleanup through natural attenuation processes
182 in conjunction with appropriate monitoring, is proceeding, if
183 the public health, safety, and welfare, water resources, and the
184 environment are adequately protected.
185 4. The appropriateness of using institutional or
186 engineering controls. Site rehabilitation programs may include
187 the use of institutional or engineering controls to eliminate
188 the potential exposure to petroleum products’ chemicals of
189 concern to humans or the environment. Use of such controls must
190 have prior department approval, and institutional controls may
191 not be acquired with moneys from the fund other than the costs
192 associated with a professional land survey or a specific purpose
193 survey, if such is needed, and costs associated with obtaining a
194 title report and recording fees. When institutional or
195 engineering controls are implemented to control exposure, the
196 removal of such controls must have prior department approval and
197 must be accompanied immediately by the resumption of active
198 cleanup or other approved controls unless cleanup target levels
199 pursuant to this paragraph have been achieved.
200 5. The additive effects of the petroleum products’
201 chemicals of concern. The synergistic effects of petroleum
202 products’ chemicals of concern must also be considered when the
203 scientific data becomes available.
204 6. Individual site characteristics which must include, but
205 not be limited to, the current and projected use of the affected
206 groundwater in the vicinity of the site, current and projected
207 land uses of the area affected by the contamination, the exposed
208 population, the degree and extent of contamination, the rate of
209 contaminant migration, the apparent or potential rate of
210 contaminant degradation through natural attenuation processes,
211 the location of the plume, and the potential for further
212 migration in relation to site property boundaries.
213 7. Applicable state water quality standards.
214 a. Cleanup target levels for petroleum products’ chemicals
215 of concern found in groundwater shall be the applicable state
216 water quality standards. Where such standards do not exist, the
217 cleanup target levels for groundwater shall be based on the
218 minimum criteria specified in department rule. The department
219 shall consider the following, as appropriate, in establishing
220 the applicable minimum criteria: calculations using a lifetime
221 cancer risk level of 1.0E-6; a hazard index of 1 or less; the
222 best achievable detection limit; the naturally occurring
223 background concentration; or nuisance, organoleptic, and
224 aesthetic considerations.
225 b. Where surface waters are exposed to petroleum
226 contaminated groundwater, the cleanup target levels for the
227 petroleum products’ chemicals of concern shall be based on the
228 surface water standards as established by department rule. The
229 point of measuring compliance with the surface water standards
230 shall be in the groundwater immediately adjacent to the surface
231 water body.
232 8. Whether deviation from state water quality standards or
233 from established criteria is appropriate. The department may
234 issue a “No Further Action Order” based upon the degree to which
235 the desired cleanup target level is achievable and can be
236 reasonably and cost-effectively implemented within available
237 technologies or engineering and institutional control
238 strategies. Where a state water quality standard is applicable,
239 a deviation may not result in the application of cleanup target
240 levels more stringent than the standard. In determining whether
241 it is appropriate to establish alternate cleanup target levels
242 at a site, the department may consider the effectiveness of
243 source removal that has been completed at the site and the
244 practical likelihood of the use of low yield or poor quality
245 groundwater; the use of groundwater near marine surface water
246 bodies; the current and projected use of the affected
247 groundwater in the vicinity of the site; or the use of
248 groundwater in the immediate vicinity of the storage tank area,
249 where it has been demonstrated that the groundwater
250 contamination is not migrating away from such localized source,
251 if the public health, safety, and welfare, water resources, and
252 the environment are adequately protected.
253 9. Appropriate cleanup target levels for soils.
254 a. In establishing soil cleanup target levels for human
255 exposure to petroleum products’ chemicals of concern found in
256 soils from the land surface to 2 feet below land surface, the
257 department shall consider the following, as appropriate:
258 calculations using a lifetime cancer risk level of 1.0E-6; a
259 hazard index of 1 or less; the best achievable detection limit;
260 or the naturally occurring background concentration.
261 b. Leachability-based soil target levels shall be based on
262 protection of the groundwater cleanup target levels or the
263 alternate cleanup target levels for groundwater established
264 pursuant to this paragraph, as appropriate. Source removal and
265 other cost-effective alternatives that are technologically
266 feasible shall be considered in achieving the leachability soil
267 target levels established by the department. The leachability
268 goals do not apply if the department determines, based upon
269 individual site characteristics, that petroleum products’
270 chemicals of concern will not leach into the groundwater at
271 levels which pose a threat to public health, safety, and
272 welfare, water resources, or the environment.
273
274 This paragraph does not restrict the department from temporarily
275 postponing completion of any site rehabilitation program for
276 which funds are being expended whenever such postponement is
277 necessary in order to make funds available for rehabilitation of
278 a contamination site with a higher priority status.
279 (12) SITE CLEANUP.—
280 (b) Low-scored site initiative.—Notwithstanding subsections
281 (5) and (6), a site with a priority ranking score of 29 points
282 or less may voluntarily participate in the low-scored site
283 initiative regardless of whether the site is eligible for state
284 restoration funding.
285 1. To participate in the low-scored site initiative, the
286 responsible party or property owner, or a responsible party who
287 provides evidence of authorization from the property owner, must
288 submit a “No Further Action” proposal and affirmatively
289 demonstrate that the following conditions imposed under
290 subparagraph 4. are met.:
291 a. Upon reassessment pursuant to department rule, the site
292 retains a priority ranking score of 29 points or less.
293 b. Excessively contaminated soil, as defined by department
294 rule, does not exist onsite as a result of a release of
295 petroleum products.
296 c. A minimum of 6 months of groundwater monitoring
297 indicates that the plume is shrinking or stable.
298 d. The release of petroleum products at the site does not
299 adversely affect adjacent surface waters, including their
300 effects on human health and the environment.
301 e. The area of groundwater containing the petroleum
302 products’ chemicals of concern is less than one-quarter acre and
303 is confined to the source property boundaries of the real
304 property on which the discharge originated.
305 f. Soils onsite that are subject to human exposure found
306 between land surface and 2 feet below land surface meet the soil
307 cleanup target levels established by department rule or human
308 exposure is limited by appropriate institutional or engineering
309 controls.
310 2. Upon affirmative demonstration that of the conditions
311 imposed under subparagraph 4. are met subparagraph 1., the
312 department shall issue a site rehabilitation completion order
313 incorporating the determination of “No Further Action.” proposal
314 submitted by the property owner or the responsible party, who
315 must provide evidence of authorization from the property owner
316 Such determination acknowledges that minimal contamination
317 exists onsite and that such contamination is not a threat to the
318 public health, safety, or welfare, water resources, or the
319 environment. If no contamination is detected, the department may
320 issue a site rehabilitation completion order.
321 3. Sites that are eligible for state restoration funding
322 may receive payment of costs for the low-scored site initiative
323 as follows:
324 a. A responsible party or property owner, or a responsible
325 party who provides evidence of authorization from the property
326 owner, may submit an assessment and limited remediation plan
327 designed to affirmatively demonstrate that the site meets the
328 conditions imposed under subparagraph 4 subparagraph 1.
329 Notwithstanding the priority ranking score of the site, the
330 department may approve the cost of the assessment and limited
331 remediation, including up to 6 months of groundwater monitoring
332 and 12 months of limited remediation activities in one or more
333 task assignments or modifications thereof, not to exceed the
334 threshold amount provided in s. 287.017 for CATEGORY TWO,
335 $30,000 for each site where the department has determined that
336 the assessment and limited remediation, if applicable, will
337 likely result in a determination of “No Further Action.”. The
338 department may not pay the costs associated with the
339 establishment of institutional or engineering controls other
340 than the costs associated with a professional land survey or a
341 specific purpose survey, if such is needed, and the costs
342 associated with obtaining a title report and paying recording
343 fees.
344 b. After the approval of initial site assessment results
345 provided pursuant to state funding under sub-subparagraph a.,
346 the department may approve an additional amount not to exceed
347 the threshold amount provided in s. 287.017 for CATEGORY TWO for
348 limited remediation needed to achieve a determination of “No
349 Further Action.”
350 c.b. The assessment and limited remediation work shall be
351 completed no later than 15 6 months after the department
352 authorizes the start of a state-funded, low-score site
353 initiative task. If groundwater monitoring is required after the
354 assessment and limited remediation in order to satisfy the
355 conditions under subparagraph 4., the department may authorize
356 an additional 6 months to complete the monitoring issues its
357 approval.
358 d.c. No more than $15 $10 million for the low-scored site
359 initiative may be encumbered from the fund in any fiscal year.
360 Funds shall be made available on a first-come, first-served
361 basis and shall be limited to 10 sites in each fiscal year for
362 each responsible party or property owner or each responsible
363 party who provides evidence of authorization from the property
364 owner.
365 e.d. Program deductibles, copayments, and the limited
366 contamination assessment report requirements under paragraph
367 (13)(d) (13)(c) do not apply to expenditures under this
368 paragraph.
369 4. The department shall issue an order incorporating the
370 “No Further Action” proposal submitted by a property owner or a
371 responsible party who provides evidence of authorization from
372 the property owner upon affirmative demonstration that all of
373 the following conditions are met:
374 a. Soil saturated with petroleum or petroleum products, or
375 soil that causes a total corrected hydrocarbon measurement of
376 500 parts per million or higher for the Gasoline Analytical
377 Group or 50 parts per million or higher for the Kerosene
378 Analytical Group, as defined by department rule, does not exist
379 onsite as a result of a release of petroleum products.
380 b. A minimum of 6 months of groundwater monitoring
381 indicates that the plume is shrinking or stable.
382 c. The release of petroleum products at the site does not
383 adversely affect adjacent surface waters, including their
384 effects on human health and the environment.
385 d. The area containing the petroleum products’ chemicals of
386 concern:
387 (I) Is confined to the source property boundaries of the
388 real property on which the discharge originated; or
389 (II) Has migrated from the source property onto or beneath
390 a transportation facility as defined s. 334.03(30) for which the
391 department has approved, and governmental entity owning the
392 transportation facility has agreed to institutional controls as
393 defined in s. 376.301(21). This sub-sub-subparagraph does not,
394 however, impose any legal liability on the transportation
395 facility owner, obligate such owner to engage in remediation, or
396 waive such owner’s right to recover costs for damages.
397 e. The groundwater contamination containing the petroleum
398 products’ chemicals of concern is not a threat to any permitted
399 potable water supply well.
400 f. Soils onsite found between land surface and 2 feet below
401 land surface which are subject to human exposure meet the soil
402 cleanup target levels established in subparagraph (5)(b)9., or
403 human exposure is limited by appropriate institutional or
404 engineering controls.
405
406 Issuance of a site rehabilitation completion order under this
407 paragraph acknowledges that minimal contamination exists onsite
408 and that such contamination is not a threat to the public
409 health, safety, or welfare; water resources; or the environment.
410 Pursuant to subsection (4), the issuance of the site
411 rehabilitation completion order, with or without conditions,
412 does not alter eligibility for state-funded rehabilitation that
413 would otherwise be applicable under this section.
414 (13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
415 detection, reporting, and cleanup of contamination caused by
416 discharges of petroleum or petroleum products, the department
417 shall, within the guidelines established in this subsection,
418 implement a cost-sharing cleanup program to provide
419 rehabilitation funding assistance for all property contaminated
420 by discharges of petroleum or petroleum products from a
421 petroleum storage system occurring before January 1, 1995,
422 subject to a copayment provided for in a Petroleum Cleanup
423 Participation Program site rehabilitation agreement. Eligibility
424 is subject to an annual appropriation from the fund.
425 Additionally, funding for eligible sites is contingent upon
426 annual appropriation in subsequent years. Such continued state
427 funding is not an entitlement or a vested right under this
428 subsection. Eligibility shall be determined in the program,
429 notwithstanding any other provision of law, consent order,
430 order, judgment, or ordinance to the contrary.
431 (a)1. The department shall accept any discharge reporting
432 form received before January 1, 1995, as an application for this
433 program, and the facility owner or operator need not reapply.
434 2. Regardless of whether ownership has changed, owners or
435 operators of property that is contaminated by petroleum or
436 petroleum products from a petroleum storage system may apply for
437 such program by filing a written report of the contamination
438 incident, including evidence that such incident occurred before
439 January 1, 1995, with the department. Incidents of petroleum
440 contamination discovered after December 31, 1994, at sites which
441 have not stored petroleum or petroleum products for consumption,
442 use, or sale after such date shall be presumed to have occurred
443 before January 1, 1995. An operator’s filed report shall be an
444 application of the owner for all purposes. Sites reported to the
445 department after December 31, 1998, are not eligible for the
446 program.
447 (b) Subject to annual appropriation from the fund, sites
448 meeting the criteria of this subsection are eligible for up to
449 $400,000 of site rehabilitation funding assistance in priority
450 order pursuant to subsections (5) and (6). Sites meeting the
451 criteria of this subsection for which a site rehabilitation
452 completion order was issued before June 1, 2008, do not qualify
453 for the 2008 increase in site rehabilitation funding assistance
454 and are bound by the pre-June 1, 2008, limits. Sites meeting the
455 criteria of this subsection for which a site rehabilitation
456 completion order was not issued before June 1, 2008, regardless
457 of whether they have previously transitioned to nonstate-funded
458 cleanup status, may continue state-funded cleanup pursuant to
459 this section until a site rehabilitation completion order is
460 issued or the increased site rehabilitation funding assistance
461 limit is reached, whichever occurs first. The department may not
462 pay expenses incurred beyond the scope of an approved contract.
463 (c) The department may also approve supplemental funding of
464 up to $100,000 for additional remediation and monitoring if such
465 remediation and monitoring is necessary to achieve a
466 determination of “No Further Action.”
467 (d) Upon notification by the department that rehabilitation
468 funding assistance is available for the site pursuant to
469 subsections (5) and (6), the property owner, operator, or person
470 otherwise responsible for site rehabilitation shall provide the
471 department with a limited contamination assessment report and
472 shall enter into a Petroleum Cleanup Participation Program site
473 rehabilitation agreement with the department. The agreement must
474 provide for a 25-percent copayment by the owner, operator, or
475 person otherwise responsible for conducting site rehabilitation.
476 The owner, operator, or person otherwise responsible for
477 conducting site rehabilitation shall adequately demonstrate the
478 ability to meet the copayment obligation. The limited
479 contamination assessment report and the copayment costs may be
480 reduced or eliminated if the owner and all operators responsible
481 for restoration under s. 376.308 demonstrate that they cannot
482 financially comply with the copayment and limited contamination
483 assessment report requirements. The department shall take into
484 consideration the owner’s and operator’s net worth in making the
485 determination of financial ability. In the event the department
486 and the owner, operator, or person otherwise responsible for
487 site rehabilitation cannot complete negotiation of the cost
488 sharing agreement within 120 days after beginning negotiations,
489 the department shall terminate negotiations and the site shall
490 be ineligible for state funding under this subsection and all
491 liability protections provided for in this subsection shall be
492 revoked.
493 (e)(d) A report of a discharge made to the department by a
494 person pursuant to this subsection or any rules adopted pursuant
495 to this subsection may not be used directly as evidence of
496 liability for such discharge in any civil or criminal trial
497 arising out of the discharge.
498 (f)(e) This subsection does not preclude the department
499 from pursuing penalties under s. 403.141 for violations of any
500 law or any rule, order, permit, registration, or certification
501 adopted or issued by the department pursuant to its lawful
502 authority.
503 (g)(f) Upon the filing of a discharge reporting form under
504 paragraph (a), the department or local government may not pursue
505 any judicial or enforcement action to compel rehabilitation of
506 the discharge. This paragraph does not prevent any such action
507 with respect to discharges determined ineligible under this
508 subsection or to sites for which rehabilitation funding
509 assistance is available pursuant to subsections (5) and (6).
510 (h)(g) The following are excluded from participation in the
511 program:
512 1. Sites at which the department has been denied reasonable
513 site access to implement this section.
514 2. Sites that were active facilities when owned or operated
515 by the Federal Government.
516 3. Sites that are identified by the United States
517 Environmental Protection Agency to be on, or which qualify for
518 listing on, the National Priorities List under Superfund. This
519 exception does not apply to those sites for which eligibility
520 has been requested or granted as of the effective date of this
521 act under the Early Detection Incentive Program established
522 pursuant to s. 15, chapter 86-159, Laws of Florida.
523 4. Sites for which contamination is covered under the Early
524 Detection Incentive Program, the Abandoned Tank Restoration
525 Program, or the Petroleum Liability and Restoration Insurance
526 Program, in which case site rehabilitation funding assistance
527 shall continue under the respective program.
528 Section 3. Paragraph (d) of subsection (1), paragraph (a)
529 of subsection (2), and subsection (4) of section 376.30713,
530 Florida Statutes, are amended to read:
531 376.30713 Advanced cleanup.—
532 (1) In addition to the legislative findings provided in s.
533 376.3071, the Legislature finds and declares:
534 (d) It is appropriate for a person who is responsible for
535 site rehabilitation to share the costs associated with managing
536 and conducting advanced cleanup, to facilitate the opportunity
537 for advanced cleanup, and to mitigate the additional costs that
538 will be incurred by the state in conducting site rehabilitation
539 in advance of the site’s priority ranking. Such cost sharing
540 will result in more contaminated sites being cleaned up and
541 greater environmental benefits to the state. This section is
542 only available for sites eligible for restoration funding under
543 EDI, ATRP, or PLRIP. This section is available for discharges
544 eligible for restoration funding under the petroleum cleanup
545 participation program for the state’s cost share of site
546 rehabilitation. Applications must include a cost-sharing
547 commitment for this section in addition to the 25-percent
548 copayment requirement of the petroleum cleanup participation
549 program. This section is not available for any discharge under a
550 petroleum cleanup participation program where the 25-percent
551 copayment requirement of the petroleum cleanup participation
552 program has been reduced or eliminated pursuant to s.
553 376.3071(13)(d) s. 376.3071(13)(c).
554 (2) The department may approve an application for advanced
555 cleanup at eligible sites, notwithstanding before funding based
556 on the site’s priority ranking established pursuant to s.
557 376.3071(5)(a), pursuant to this section. Only the facility
558 owner or operator or the person otherwise responsible for site
559 rehabilitation qualifies as an applicant under this section.
560 (a) Advanced cleanup applications may be submitted between
561 May 1 and June 30 and between November 1 and December 31 of each
562 fiscal year. Applications submitted between May 1 and June 30
563 shall be for the fiscal year beginning July 1. An application
564 must consist of:
565 1. A commitment to pay 25 percent or more of the total
566 cleanup cost deemed recoverable under this section along with
567 proof of the ability to pay the cost share. The department shall
568 determine whether the cost savings demonstration is acceptable.
569 Such determination is not subject to chapter 120.
570 a. Applications for the aggregate cleanup of 5 or more may
571 be submitted in one of two formats to meet the cost-share
572 requirement:
573 (I) For an aggregate application proposing that the
574 department enter into a performance-based contract for the
575 cleanup of 20 or more sites may use a commitment to pay, a
576 demonstrated cost savings to the department, or both to meet the
577 cost-share requirement.
578 (II) For an aggregate application relying on a demonstrated
579 cost savings to the department, the applicant shall, in
580 conjunction with the proposed agency term contractor, establish
581 and provide in the application the percentage of cost savings in
582 the aggregate that is being provided to the department for
583 cleanup of the sites under the application compared to the cost
584 of cleanup of those same sites using the current rates provided
585 to the department by the proposed agency term contractor. The
586 department shall determine whether the cost savings
587 demonstration is acceptable. Such determination is not subject
588 to chapter 120.
589 b. Applications for the cleanup of individual sites may be
590 submitted in one of two formats to meet the cost-share
591 requirement:
592 (I) For an individual application proposing that the
593 department enter into a performance-based contract may use a
594 commitment to pay, a demonstrated cost savings to the
595 department, or both to meet the requirement.
596 (II) For an individual application relying on a
597 demonstrated cost savings to the department, the applicant
598 shall, in conjunction with the proposed agency term contractor,
599 establish and provide in the application a 25-percent cost
600 savings to the department for cleanup of the site under the
601 application compared to the cost of cleanup of the same site
602 using the current rates provided to the department by the
603 proposed agency term contractor.
604 2. A nonrefundable review fee of $250 to cover the
605 administrative costs associated with the department’s review of
606 the application.
607 3. A limited contamination assessment report.
608 4. A proposed course of action.
609 5. A site access agreement from the property owner or
610 owners, as applicable, and evidence of authorization from such
611 owner or owners for petroleum site rehabilitation program tasks
612 consistent with the proposed course of action where the
613 applicant is not the property owner for any of the sites
614 contained in the application.
615
616 The limited contamination assessment report must be sufficient
617 to support the proposed course of action and to estimate the
618 cost of the proposed course of action. Costs incurred related to
619 conducting the limited contamination assessment report are not
620 refundable from the Inland Protection Trust Fund. Site
621 eligibility under this subsection or any other provision of this
622 section is not an entitlement to advanced cleanup or continued
623 restoration funding. The applicant shall certify to the
624 department that the applicant has the prerequisite authority to
625 enter into an advanced cleanup contract with the department. The
626 certification must be submitted with the application.
627 (4) The department may enter into contracts for a total of
628 up to $25 $15 million of advanced cleanup work in each fiscal
629 year. However, a facility or an applicant who bundles multiple
630 sites as specified in subparagraph (2)(a)1. may not be approved
631 for more than $5 million of cleanup activity in each fiscal
632 year. A property owner or responsible party may enter into a
633 voluntary cost-share agreement in which the property owner or
634 responsible party commits to bundle multiple sites and lists the
635 facilities that will be included in those future bundles. The
636 facilities listed are not subject to agency term contractor
637 assignment pursuant to department rule. The department reserves
638 the right to terminate or amend the voluntary cost-share
639 agreement for any identified site under the voluntary cost-share
640 agreement if the property owner or responsible party fails to
641 submit an application to bundle any site, not already covered by
642 an advance cleanup contract, under such voluntary cost-share
643 agreement within a subsequent open application
644
645 ================= T I T L E A M E N D M E N T ================
646 And the title is amended as follows:
647 Delete lines 7 - 16
648 and insert:
649 certain date; amending s. 376.3071, F.S.; revising
650 legislative intent and purpose; deleting an expiration
651 date; revising the criteria for determining what
652 constitutes certain rehabilitation program tasks;
653 revising the conditions for eligibility and methods
654 for payment of costs for the low-scored site
655 initiative; revising the eligibility requirements for
656 receiving rehabilitation funding; specifying that the
657 issuance of a site rehabilitation completion order
658 does not alter eligibility for state-funded
659 remediation under certain circumstances; clarifying
660 that a change in ownership does not preclude a site
661 from entering into the program; providing additional
662 funding for remediation and monitoring under certain
663 circumstances; amending s. 376.30713, F.S.; revising
664 advanced cleanup application requirements;