Florida Senate - 2016                                      SB 92
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00112-16                                              201692__
    1                        A bill to be entitled                      
    2         An act relating to contaminated sites; amending s.
    3         376.301, F.S.; defining the terms “background
    4         concentration” and “long-term natural attenuation”;
    5         amending s. 376.30701, F.S.; requiring the Department
    6         of Environmental Protection to include protocols for
    7         the use of long-term natural attenuation where site
    8         conditions warrant; requiring specified interactive
    9         effects of contaminants to be considered as cleanup
   10         criteria; revising how cleanup target levels are
   11         applied where surface waters are exposed to
   12         contaminated groundwater; authorizing the use of
   13         relevant data and information when assessing cleanup
   14         target levels; providing that institutional controls
   15         are not required under certain circumstances if
   16         alternative cleanup target levels are used; amending
   17         s. 376.79, F.S.; defining the terms “background
   18         concentration” and “long-term natural attenuation”;
   19         amending s. 376.81, F.S.; providing additional
   20         contamination cleanup criteria for brownfield sites
   21         and brownfield areas; amending ss. 196.1995, 287.0595,
   22         and 288.1175, F.S.; conforming cross-references;
   23         providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Present subsections (4) through (22) of section
   28  376.301, Florida Statutes, are redesignated as subsections (5)
   29  through (23), respectively, present subsections (23) through
   30  (48) of that section are redesignated as subsections (25)
   31  through (50), respectively, and new subsections (4) and (24) are
   32  added to that section, to read:
   33         376.301 Definitions of terms used in ss. 376.30-376.317,
   34  376.70, and 376.75.—When used in ss. 376.30-376.317, 376.70, and
   35  376.75, unless the context clearly requires otherwise, the term:
   36         (4) “Background concentration” means the concentration of
   37  contaminants naturally occurring or resulting from anthropogenic
   38  impacts unrelated to the discharge of pollutants or hazardous
   39  substances at a contaminated site undergoing site
   40  rehabilitation.
   41         (24) “Long-term natural attenuation” means natural
   42  attenuation approved by the department as a site rehabilitation
   43  program task for a period of more than 5 years.
   44         Section 2. Subsection (2) of section 376.30701, Florida
   45  Statutes, is amended to read:
   46         376.30701 Application of risk-based corrective action
   47  principles to contaminated sites; applicability; legislative
   48  intent; rulemaking authority; contamination cleanup criteria;
   49  limitations; reopeners.—
   50         (2) INTENT; RULEMAKING AUTHORITY; CLEANUP CRITERIA.—It is
   51  the intent of the Legislature to protect the health of all
   52  people under actual circumstances of exposure. By July 1, 2004,
   53  the secretary of the department shall establish criteria by rule
   54  for the purpose of determining, on a site-specific basis, the
   55  rehabilitation program tasks that comprise a site rehabilitation
   56  program, including a voluntary site rehabilitation program, and
   57  the level at which a rehabilitation program task and a site
   58  rehabilitation program may be deemed completed. In establishing
   59  these rules, the department shall apply, to the maximum extent
   60  feasible, a risk-based corrective action process to achieve
   61  protection of human health and safety and the environment in a
   62  cost-effective manner based on the principles set forth in this
   63  subsection. These rules shall prescribe a phased risk-based
   64  corrective action process that is iterative and that tailors
   65  site rehabilitation tasks to site-specific conditions and risks.
   66  The department and the person responsible for site
   67  rehabilitation are encouraged to establish decision points at
   68  which risk management decisions will be made. The department
   69  shall provide an early decision, when requested, regarding
   70  applicable exposure factors and a risk management approach based
   71  on the current and future land use at the site. These rules must
   72  shall also include protocols for the use of natural attenuation,
   73  including long-term natural attenuation where site conditions
   74  warrant, the use of institutional and engineering controls, and
   75  the issuance of “No Further Action” orders. The criteria for
   76  determining what constitutes a rehabilitation program task or
   77  completion of a site rehabilitation program task or site
   78  rehabilitation program, including a voluntary site
   79  rehabilitation program, must:
   80         (a) Consider the current exposure and potential risk of
   81  exposure to humans and the environment, including multiple
   82  pathways of exposure. The physical, chemical, and biological
   83  characteristics of each contaminant must be considered in order
   84  to determine the feasibility of a risk-based corrective action
   85  assessment.
   86         (b) Establish the point of compliance at the source of the
   87  contamination. However, the department may is authorized to
   88  temporarily move the point of compliance to the boundary of the
   89  property, or to the edge of the plume when the plume is within
   90  the property boundary, while cleanup, including cleanup through
   91  natural attenuation processes in conjunction with appropriate
   92  monitoring, is proceeding. The department may also is
   93  authorized, pursuant to criteria provided in this section, to
   94  temporarily extend the point of compliance beyond the property
   95  boundary with appropriate monitoring, if such extension is
   96  needed to facilitate natural attenuation or to address the
   97  current conditions of the plume, provided human health, public
   98  safety, and the environment are protected. When temporarily
   99  extending the point of compliance beyond the property boundary,
  100  it cannot be extended further than the lateral extent of the
  101  plume, if known, at the time of execution of a cleanup
  102  agreement, if required, or the lateral extent of the plume as
  103  defined at the time of site assessment. Temporary extension of
  104  the point of compliance beyond the property boundary, as
  105  provided in this paragraph, must include actual notice by the
  106  person responsible for site rehabilitation to local governments
  107  and the owners of any property into which the point of
  108  compliance is allowed to extend and constructive notice to
  109  residents and business tenants of the property into which the
  110  point of compliance is allowed to extend. Persons receiving
  111  notice pursuant to this paragraph shall have the opportunity to
  112  comment within 30 days after receipt of the notice. Additional
  113  notice concerning the status of natural attenuation processes
  114  shall be similarly provided to persons receiving notice pursuant
  115  to this paragraph every 5 years.
  116         (c) Ensure that the site-specific cleanup goal is that all
  117  contaminated sites being cleaned up pursuant to this section
  118  ultimately achieve the applicable cleanup target levels provided
  119  in this subsection. In the circumstances provided in this
  120  subsection, and after constructive notice and opportunity to
  121  comment within 30 days after receipt of the notice to local
  122  government, owners of any property into which the point of
  123  compliance is allowed to extend, and residents of any property
  124  into which the point of compliance is allowed to extend, the
  125  department may allow concentrations of contaminants to
  126  temporarily exceed the applicable cleanup target levels while
  127  cleanup, including cleanup through natural attenuation processes
  128  in conjunction with appropriate monitoring, is proceeding, if
  129  human health, public safety, and the environment are protected.
  130         (d) Allow the use of institutional or engineering controls
  131  at contaminated sites being cleaned up pursuant to this section,
  132  where appropriate, to eliminate or control the potential
  133  exposure to contaminants of humans or the environment. The use
  134  of controls must be preapproved by the department and only after
  135  constructive notice and opportunity to comment within 30 days
  136  after receipt of notice is provided to local governments, owners
  137  of any property into which the point of compliance is allowed to
  138  extend, and residents on any property into which the point of
  139  compliance is allowed to extend. When institutional or
  140  engineering controls are implemented to control exposure, the
  141  removal of the controls must have prior department approval and
  142  must be accompanied by the resumption of active cleanup, or
  143  other approved controls, unless cleanup target levels under this
  144  section have been achieved.
  145         (e) Consider the interactive additive effects of
  146  contaminants, including additive, synergistic, and antagonistic
  147  effects. The synergistic and antagonistic effects shall also be
  148  considered when the scientific data become available.
  149         (f) Take into consideration individual site
  150  characteristics, which shall include, but not be limited to, the
  151  current and projected use of the affected groundwater and
  152  surface water in the vicinity of the site, current and projected
  153  land uses of the area affected by the contamination, the exposed
  154  population, the degree and extent of contamination, the rate of
  155  contaminant migration, the apparent or potential rate of
  156  contaminant degradation through natural attenuation processes,
  157  the location of the plume, and the potential for further
  158  migration in relation to site property boundaries.
  159         (g) Apply state water quality standards as follows:
  160         1. Cleanup target levels for each contaminant found in
  161  groundwater shall be the applicable state water quality
  162  standards. Where such standards do not exist, the cleanup target
  163  levels for groundwater shall be based on the minimum criteria
  164  specified in department rule. The department shall apply the
  165  following, as appropriate, in establishing the applicable
  166  cleanup target levels: calculations using a lifetime cancer risk
  167  level of 1.0E-6; a hazard index of 1 or less; the best
  168  achievable detection limit; and nuisance, organoleptic, and
  169  aesthetic considerations. However, the department may shall not
  170  require site rehabilitation to achieve a cleanup target level
  171  for any individual contaminant that is more stringent than the
  172  site-specific, naturally occurring background concentration for
  173  that contaminant.
  174         2. Where surface waters are exposed to contaminated
  175  groundwater, the cleanup target levels for the contaminants must
  176  shall be based on the more protective of the groundwater or
  177  surface water standards as established by department rule,
  178  unless it has been demonstrated that the contaminants do not
  179  cause or contribute to the exceedance of applicable surface
  180  water quality criteria. In such circumstance, the point of
  181  measuring compliance with the surface water standards shall be
  182  in the groundwater immediately adjacent to the surface water
  183  body.
  184         3. Using risk-based corrective action principles, the
  185  department shall approve alternative cleanup target levels in
  186  conjunction with institutional and engineering controls, if
  187  needed, based upon an applicant’s demonstration, using site
  188  specific or other relevant data and information, risk assessment
  189  modeling results, including results from probabilistic risk
  190  assessment modeling, risk assessment studies, risk reduction
  191  techniques, or a combination thereof, that human health, public
  192  safety, and the environment are protected to the same degree as
  193  provided in subparagraphs 1. and 2. Where a state water quality
  194  standard is applicable, a deviation may not result in the
  195  application of cleanup target levels more stringent than the
  196  standard. In determining whether it is appropriate to establish
  197  alternative cleanup target levels at a site, the department must
  198  consider the effectiveness of source removal, if any, that has
  199  been completed at the site and the practical likelihood of the
  200  use of low yield or poor quality groundwater, the use of
  201  groundwater near marine surface water bodies, the current and
  202  projected use of the affected groundwater in the vicinity of the
  203  site, or the use of groundwater in the immediate vicinity of the
  204  contaminated area, where it has been demonstrated that the
  205  groundwater contamination is not migrating away from such
  206  localized source, provided human health, public safety, and the
  207  environment are protected. Groundwater resource protection
  208  remains the ultimate goal of cleanup, particularly in light of
  209  the state’s continued growth and consequent demands for drinking
  210  water resources. The Legislature recognizes the need for a
  211  protective yet flexible cleanup approach that risk-based
  212  corrective action provides. Only where it is appropriate on a
  213  site-specific basis, using the criteria in this paragraph and
  214  careful evaluation by the department, shall proposed alternative
  215  cleanup target levels be approved. If alternative cleanup target
  216  levels are used, institutional controls are not required if:
  217         a. The only cleanup target levels exceeded are the
  218  groundwater cleanup target levels derived from nuisance,
  219  organoleptic, or aesthetic considerations;
  220         b. Concentrations of all contaminants meet the state water
  221  quality standards or the minimum criteria, based on the
  222  protection of human health, public safety, and the environment,
  223  as provided in subparagraph 1.;
  224         c. All of the groundwater cleanup target levels established
  225  pursuant to subparagraph 1. are met at the property boundary;
  226         d. The person responsible for site rehabilitation has
  227  demonstrated that the contaminants will not migrate beyond the
  228  property boundary at concentrations that exceed the groundwater
  229  cleanup target levels established pursuant to subparagraph 1.;
  230         e. The property has access to and is using an offsite water
  231  supply, and an unplugged private well is not used for domestic
  232  purposes; and
  233         f. The real property owner does not object to the “No
  234  Further Action” proposal to the department or the local
  235  pollution control program.
  236         (h) Provide for the department to issue a “No Further
  237  Action” order, with conditions, including, but not limited to,
  238  the use of institutional or engineering controls where
  239  appropriate, when alternative cleanup target levels established
  240  pursuant to subparagraph (g)3. have been achieved or when the
  241  person responsible for site rehabilitation can demonstrate that
  242  the cleanup target level is unachievable with the use of
  243  available technologies. Before Prior to issuing such an order,
  244  the department shall consider the feasibility of an alternative
  245  site rehabilitation technology at the contaminated site.
  246         (i) Establish appropriate cleanup target levels for soils.
  247  Although there are existing state water quality standards, there
  248  are no existing state soil quality standards. The Legislature
  249  does not intend, through the adoption of this section, to create
  250  such soil quality standards. The specific rulemaking authority
  251  granted pursuant to this section merely authorizes the
  252  department to establish appropriate soil cleanup target levels.
  253  These soil cleanup target levels shall be applicable at sites
  254  only after a determination as to legal responsibility for site
  255  rehabilitation has been made pursuant to other provisions of
  256  this chapter or chapter 403.
  257         1. In establishing soil cleanup target levels for human
  258  exposure to each contaminant found in soils from the land
  259  surface to 2 feet below land surface, the department shall apply
  260  the following, as appropriate: calculations using a lifetime
  261  cancer risk level of 1.0E-6; a hazard index of 1 or less; and
  262  the best achievable detection limit. However, the department may
  263  shall not require site rehabilitation to achieve a cleanup
  264  target level for an individual contaminant that is more
  265  stringent than the site-specific, naturally occurring background
  266  concentration for that contaminant. Institutional controls or
  267  other methods shall be used to prevent human exposure to
  268  contaminated soils more than 2 feet below the land surface. Any
  269  removal of such institutional controls shall require such
  270  contaminated soils to be remediated.
  271         2. Leachability-based soil cleanup target levels shall be
  272  based on protection of the groundwater cleanup target levels or
  273  the alternate cleanup target levels for groundwater established
  274  pursuant to this paragraph, as appropriate. Source removal and
  275  other cost-effective alternatives that are technologically
  276  feasible shall be considered in achieving the leachability soil
  277  cleanup target levels established by the department. The
  278  leachability goals are shall not be applicable if the department
  279  determines, based upon individual site characteristics, and in
  280  conjunction with institutional and engineering controls, if
  281  needed, that contaminants will not leach into the groundwater at
  282  levels that pose a threat to human health, public safety, and
  283  the environment.
  284         3. Using risk-based corrective action principles, the
  285  department shall approve alternative cleanup target levels in
  286  conjunction with institutional and engineering controls, if
  287  needed, based upon an applicant’s demonstration, using site
  288  specific or other relevant data and information, risk assessment
  289  modeling results, including results from probabilistic risk
  290  assessment modeling, risk assessment studies, risk reduction
  291  techniques, or a combination thereof, that human health, public
  292  safety, and the environment are protected to the same degree as
  293  provided in subparagraphs 1. and 2.
  294  
  295  The department shall require source removal as a risk reduction
  296  measure if warranted and cost-effective. Once source removal at
  297  a site is complete, the department shall reevaluate the site to
  298  determine the degree of active cleanup needed to continue.
  299  Further, the department shall determine if the reevaluated site
  300  qualifies for monitoring only or if no further action is
  301  required to rehabilitate the site. If additional site
  302  rehabilitation is necessary to reach “No Further Action” status,
  303  the department is encouraged to utilize natural attenuation
  304  monitoring, including long-term natural attenuation and
  305  monitoring, where site conditions warrant.
  306         Section 3. Present subsections (3) through (11) of section
  307  376.79, Florida Statutes, are redesignated as subsections (4)
  308  through (12), respectively, present subsections (12) through
  309  (19) are redesignated as subsections (14) through (21),
  310  respectively, and new subsections (3) and (13) are added to that
  311  section, to read:
  312         376.79 Definitions relating to Brownfields Redevelopment
  313  Act.—As used in ss. 376.77-376.85, the term:
  314         (3) “Background concentration” means the concentration of
  315  contaminants naturally occurring or resulting from anthropogenic
  316  impacts unrelated to the discharge of pollutants or hazardous
  317  substances at a contaminated site undergoing site
  318  rehabilitation.
  319         (13) “Long-term natural attenuation” means natural
  320  attenuation approved by the department as a site rehabilitation
  321  program task for a period of more than 5 years.
  322         Section 4. Section 376.81, Florida Statutes, is amended to
  323  read:
  324         376.81 Brownfield site and brownfield areas contamination
  325  cleanup criteria.—
  326         (1) It is the intent of the Legislature to protect the
  327  health of all people under actual circumstances of exposure. By
  328  July 1, 2001, the secretary of the department shall establish
  329  criteria by rule for the purpose of determining, on a site
  330  specific basis, the rehabilitation program tasks that comprise a
  331  site rehabilitation program and the level at which a
  332  rehabilitation program task and a site rehabilitation program
  333  may be deemed completed. In establishing the rule, the
  334  department shall apply, to the maximum extent feasible, a risk
  335  based corrective action process to achieve protection of human
  336  health and safety and the environment in a cost-effective manner
  337  based on the principles set forth in this subsection. The rule
  338  must prescribe a phased risk-based corrective action process
  339  that is iterative and that tailors site rehabilitation tasks to
  340  site-specific conditions and risks. The department and the
  341  person responsible for brownfield site rehabilitation are
  342  encouraged to establish decision points at which risk management
  343  decisions will be made. The department shall provide an early
  344  decision, when requested, regarding applicable exposure factors
  345  and a risk management approach based on the current and future
  346  land use at the site. The rule must shall also include protocols
  347  for the use of natural attenuation, including long-term natural
  348  attenuation where site conditions warrant, the use of
  349  institutional and engineering controls, and the issuance of “no
  350  further action” letters. The criteria for determining what
  351  constitutes a rehabilitation program task or completion of a
  352  site rehabilitation program task or site rehabilitation program
  353  must:
  354         (a) Consider the current exposure and potential risk of
  355  exposure to humans and the environment, including multiple
  356  pathways of exposure. The physical, chemical, and biological
  357  characteristics of each contaminant must be considered in order
  358  to determine the feasibility of risk-based corrective action
  359  assessment.
  360         (b) Establish the point of compliance at the source of the
  361  contamination. However, the department may is authorized to
  362  temporarily move the point of compliance to the boundary of the
  363  property, or to the edge of the plume when the plume is within
  364  the property boundary, while cleanup, including cleanup through
  365  natural attenuation processes in conjunction with appropriate
  366  monitoring, is proceeding. The department may also is
  367  authorized, pursuant to criteria provided for in this section,
  368  to temporarily extend the point of compliance beyond the
  369  property boundary with appropriate monitoring, if such extension
  370  is needed to facilitate natural attenuation or to address the
  371  current conditions of the plume, provided human health, public
  372  safety, and the environment are protected. When temporarily
  373  extending the point of compliance beyond the property boundary,
  374  it cannot be extended further than the lateral extent of the
  375  plume at the time of execution of the brownfield site
  376  rehabilitation agreement, if known, or the lateral extent of the
  377  plume as defined at the time of site assessment. Temporary
  378  extension of the point of compliance beyond the property
  379  boundary, as provided in this paragraph, must include actual
  380  notice by the person responsible for brownfield site
  381  rehabilitation to local governments and the owners of any
  382  property into which the point of compliance is allowed to extend
  383  and constructive notice to residents and business tenants of the
  384  property into which the point of compliance is allowed to
  385  extend. Persons receiving notice pursuant to this paragraph
  386  shall have the opportunity to comment within 30 days of receipt
  387  of the notice.
  388         (c) Ensure that the site-specific cleanup goal is that all
  389  contaminated brownfield sites and brownfield areas ultimately
  390  achieve the applicable cleanup target levels provided in this
  391  section. In the circumstances provided below, and after
  392  constructive notice and opportunity to comment within 30 days
  393  from receipt of the notice to local government, to owners of any
  394  property into which the point of compliance is allowed to
  395  extend, and to residents on any property into which the point of
  396  compliance is allowed to extend, the department may allow
  397  concentrations of contaminants to temporarily exceed the
  398  applicable cleanup target levels while cleanup, including
  399  cleanup through natural attenuation processes in conjunction
  400  with appropriate monitoring, is proceeding, if human health,
  401  public safety, and the environment are protected.
  402         (d) Allow brownfield site and brownfield area
  403  rehabilitation programs to include the use of institutional or
  404  engineering controls, where appropriate, to eliminate or control
  405  the potential exposure to contaminants of humans or the
  406  environment. The use of controls must be preapproved by the
  407  department and only after constructive notice and opportunity to
  408  comment within 30 days from receipt of notice is provided to
  409  local governments, to owners of any property into which the
  410  point of compliance is allowed to extend, and to residents on
  411  any property into which the point of compliance is allowed to
  412  extend. When institutional or engineering controls are
  413  implemented to control exposure, the removal of the controls
  414  must have prior department approval and must be accompanied by
  415  the resumption of active cleanup, or other approved controls,
  416  unless cleanup target levels under this section have been
  417  achieved.
  418         (e) Consider the interactive additive effects of
  419  contaminants, including additive, synergistic, and antagonistic
  420  effects. The synergistic and antagonistic effects shall also be
  421  considered when the scientific data become available.
  422         (f) Take into consideration individual site
  423  characteristics, which shall include, but not be limited to, the
  424  current and projected use of the affected groundwater and
  425  surface water in the vicinity of the site, current and projected
  426  land uses of the area affected by the contamination, the exposed
  427  population, the degree and extent of contamination, the rate of
  428  contaminant migration, the apparent or potential rate of
  429  contaminant degradation through natural attenuation processes,
  430  the location of the plume, and the potential for further
  431  migration in relation to site property boundaries.
  432         (g) Apply state water quality standards as follows:
  433         1. Cleanup target levels for each contaminant found in
  434  groundwater shall be the applicable state water quality
  435  standards. Where such standards do not exist, the cleanup target
  436  levels for groundwater shall be based on the minimum criteria
  437  specified in department rule. The department shall apply the
  438  following, as appropriate, in establishing the applicable
  439  cleanup target levels: calculations using a lifetime cancer risk
  440  level of 1.0E-6; a hazard index of 1 or less; the best
  441  achievable detection limit; and nuisance, organoleptic, and
  442  aesthetic considerations. However, the department may shall not
  443  require site rehabilitation to achieve a cleanup target level
  444  for any individual contaminant which is more stringent than the
  445  site-specific, naturally occurring background concentration for
  446  that contaminant.
  447         2. Where surface waters are exposed to contaminated
  448  groundwater, the cleanup target levels for the contaminants must
  449  shall be based on the more protective of the groundwater or
  450  surface water standards as established by department rule,
  451  unless it has been demonstrated that the contaminants do not
  452  cause or contribute to the exceedance of applicable surface
  453  water quality criteria. In such circumstances, the point of
  454  measuring compliance with the surface water standards shall be
  455  in the groundwater immediately adjacent to the surface water
  456  body.
  457         3. Using risk-based corrective action principles, the
  458  department shall approve alternative cleanup target levels in
  459  conjunction with institutional and engineering controls, if
  460  needed, based upon an applicant’s demonstration, using site
  461  specific or other relevant data and information, risk assessment
  462  modeling results, including results from probabilistic risk
  463  assessment modeling, risk assessment studies, risk reduction
  464  techniques, or a combination thereof, that human health, public
  465  safety, and the environment are protected to the same degree as
  466  provided in subparagraphs 1. and 2. Where a state water quality
  467  standard is applicable, a deviation may not result in the
  468  application of cleanup target levels more stringent than the
  469  standard. In determining whether it is appropriate to establish
  470  alternative cleanup target levels at a site, the department must
  471  consider the effectiveness of source removal, if any, which has
  472  been completed at the site and the practical likelihood of the
  473  use of low yield or poor quality groundwater, the use of
  474  groundwater near marine surface water bodies, the current and
  475  projected use of the affected groundwater in the vicinity of the
  476  site, or the use of groundwater in the immediate vicinity of the
  477  contaminated area, where it has been demonstrated that the
  478  groundwater contamination is not migrating away from such
  479  localized source, provided human health, public safety, and the
  480  environment are protected. When using alternative cleanup target
  481  levels at a brownfield site, institutional controls are shall
  482  not be required if:
  483         a. The only cleanup target levels exceeded are the
  484  groundwater cleanup target levels derived from nuisance,
  485  organoleptic, or aesthetic considerations;
  486         b. Concentrations of all contaminants meet the state water
  487  quality standards or the minimum criteria, based on the
  488  protection of human health, provided in subparagraph 1.;
  489         c. All of the groundwater cleanup target levels established
  490  pursuant to subparagraph 1. are met at the property boundary;
  491         d. The person responsible for brownfield site
  492  rehabilitation has demonstrated that the contaminants will not
  493  migrate beyond the property boundary at concentrations exceeding
  494  the groundwater cleanup target levels established pursuant to
  495  subparagraph 1.;
  496         e. The property has access to and is using an offsite water
  497  supply and no unplugged private wells are used for domestic
  498  purposes; and
  499         f. The real property owner provides written acceptance of
  500  the “no further action” proposal to the department or the local
  501  pollution control program.
  502         (h) Provide for the department to issue a “no further
  503  action order,” with conditions, including, but not limited to,
  504  the use of institutional or engineering controls where
  505  appropriate, when alternative cleanup target levels established
  506  pursuant to subparagraph (g)3. have been achieved, or when the
  507  person responsible for brownfield site rehabilitation can
  508  demonstrate that the cleanup target level is unachievable within
  509  available technologies. Before Prior to issuing such an order,
  510  the department shall consider the feasibility of an alternative
  511  site rehabilitation technology at in the brownfield site area.
  512         (i) Establish appropriate cleanup target levels for soils.
  513         1. In establishing soil cleanup target levels for human
  514  exposure to each contaminant found in soils from the land
  515  surface to 2 feet below land surface, the department shall apply
  516  the following, as appropriate: calculations using a lifetime
  517  cancer risk level of 1.0E-6; a hazard index of 1 or less; and
  518  the best achievable detection limit. However, the department may
  519  shall not require site rehabilitation to achieve a cleanup
  520  target level for an individual contaminant which is more
  521  stringent than the site-specific, naturally occurring background
  522  concentration for that contaminant. Institutional controls or
  523  other methods shall be used to prevent human exposure to
  524  contaminated soils more than 2 feet below the land surface. Any
  525  removal of such institutional controls shall require such
  526  contaminated soils to be remediated.
  527         2. Leachability-based soil cleanup target levels shall be
  528  based on protection of the groundwater cleanup target levels or
  529  the alternate cleanup target levels for groundwater established
  530  pursuant to this paragraph, as appropriate. Source removal and
  531  other cost-effective alternatives that are technologically
  532  feasible shall be considered in achieving the leachability soil
  533  cleanup target levels established by the department. The
  534  leachability goals are shall not be applicable if the department
  535  determines, based upon individual site characteristics, and in
  536  conjunction with institutional and engineering controls, if
  537  needed, that contaminants will not leach into the groundwater at
  538  levels that pose a threat to human health, public safety, and
  539  the environment.
  540         3. Using risk-based corrective action principles, the
  541  department shall approve alternative cleanup target levels in
  542  conjunction with institutional and engineering controls, if
  543  needed, based upon an applicant’s demonstration, using site-
  544  specific or other relevant data and information, risk assessment
  545  modeling results, including results from probabilistic risk
  546  assessment modeling, risk assessment studies, risk reduction
  547  techniques, or a combination thereof, that human health, public
  548  safety, and the environment are protected to the same degree as
  549  provided in subparagraphs 1. and 2.
  550         (2) The department shall require source removal, as a risk
  551  reduction measure, if warranted and cost-effective. Once source
  552  removal at a site is complete, the department shall reevaluate
  553  the site to determine the degree of active cleanup needed to
  554  continue. Further, the department shall determine if the
  555  reevaluated site qualifies for monitoring only or if no further
  556  action is required to rehabilitate the site. If additional site
  557  rehabilitation is necessary to reach “no further action” status,
  558  the department is encouraged to utilize natural attenuation
  559  monitoring, including long-term natural attenuation and
  560  monitoring, where site conditions warrant.
  561         (3) The cleanup criteria described in this section govern
  562  only site rehabilitation activities occurring at the
  563  contaminated site. Removal of contaminated media from a site for
  564  offsite relocation or treatment must be in accordance with all
  565  applicable federal, state, and local laws and regulations.
  566         Section 5. Subsection (3) of section 196.1995, Florida
  567  Statutes, is amended to read:
  568         196.1995 Economic development ad valorem tax exemption.—
  569         (3) The board of county commissioners or the governing
  570  authority of the municipality that calls a referendum within its
  571  total jurisdiction to determine whether its respective
  572  jurisdiction may grant economic development ad valorem tax
  573  exemptions may vote to limit the effect of the referendum to
  574  authority to grant economic development tax exemptions for new
  575  businesses and expansions of existing businesses located in an
  576  enterprise zone or a brownfield area, as defined in s. 376.79(5)
  577  s. 376.79(4). If an area nominated to be an enterprise zone
  578  pursuant to s. 290.0055 has not yet been designated pursuant to
  579  s. 290.0065, the board of county commissioners or the governing
  580  authority of the municipality may call such referendum prior to
  581  such designation; however, the authority to grant economic
  582  development ad valorem tax exemptions does not apply until such
  583  area is designated pursuant to s. 290.0065. The ballot question
  584  in such referendum shall be in substantially the following form
  585  and shall be used in lieu of the ballot question prescribed in
  586  subsection (2):
  587  
  588  Shall the board of county commissioners of this county (or the
  589  governing authority of this municipality, or both) be authorized
  590  to grant, pursuant to s. 3, Art. VII of the State Constitution,
  591  property tax exemptions for new businesses and expansions of
  592  existing businesses that are located in an enterprise zone or a
  593  brownfield area and that are expected to create new, full-time
  594  jobs in the county (or municipality, or both)?
  595  
  596         ....Yes—For authority to grant exemptions.
  597         ....No—Against authority to grant exemptions.
  598         Section 6. Paragraph (a) of subsection (1) of section
  599  287.0595, Florida Statutes, is amended to read:
  600         287.0595 Pollution response action contracts; department
  601  rules.—
  602         (1) The Department of Environmental Protection shall
  603  establish, by adopting administrative rules as provided in
  604  chapter 120:
  605         (a) Procedures for determining the qualifications of
  606  responsible potential vendors prior to advertisement for and
  607  receipt of bids, proposals, or replies for pollution response
  608  action contracts, including procedures for the rejection of
  609  unqualified vendors. Response actions are those activities
  610  described in s. 376.301(39) s. 376.301(37).
  611         Section 7. Paragraph (c) of subsection (5) of section
  612  288.1175, Florida Statutes, is amended to read:
  613         288.1175 Agriculture education and promotion facility.—
  614         (5) The Department of Agriculture and Consumer Services
  615  shall competitively evaluate applications for funding of an
  616  agriculture education and promotion facility. If the number of
  617  applicants exceeds three, the Department of Agriculture and
  618  Consumer Services shall rank the applications based upon
  619  criteria developed by the Department of Agriculture and Consumer
  620  Services, with priority given in descending order to the
  621  following items:
  622         (c) The location of the facility in a brownfield site as
  623  defined in s. 376.79(4) s. 376.79(3), a rural enterprise zone as
  624  defined in s. 290.004, an agriculturally depressed area as
  625  defined in s. 570.74, or a county that has lost its agricultural
  626  land to environmental restoration projects.
  627         Section 8. This act shall take effect July 1, 2016.