Senate Bill 1408c3

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    Florida Senate - 2000             CS for CS for CS for SB 1408

    By the Committees on Fiscal Policy; Commerce and Economic
    Opportunities; Natural Resources; and Senator Latvala




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  1                      A bill to be entitled

  2         An act relating to state regulation of lands;

  3         amending s. 288.047, F.S.; requiring Enterprise

  4         Florida, Inc., to set aside each fiscal year a

  5         certain amount of the appropriation for the

  6         Quick Response Training Program for businesses

  7         located in a brownfield area; amending s.

  8         288.107, F.S.; redefining the term "eligible

  9         business"; providing for bonus refunds for

10         businesses that can demonstrate a fixed capital

11         investment in certain mixed use activities in

12         the brownfield area; prescribing limits on

13         total funds; amending s. 288.905, F.S.;

14         requiring Enterprise Florida, Inc., to develop

15         comprehensive marketing strategies for

16         redevelopment of brownfield areas; amending s.

17         376.301, F.S.; redefining the terms

18         "antagonistic effects," "discharge,"

19         "institutional controls," "natural

20         attenuation," and "site rehabilitation" and

21         defining the term "risk reduction"; creating s.

22         376.30701, F.S.; extending application of

23         risk-based corrective action principles to all

24         contaminated sites resulting from a discharge

25         of pollutants or hazardous substances;

26         providing for contamination cleanup criteria

27         that incorporates risk-based corrective actions

28         to be adopted by rule; providing clarification

29         that cleanup criteria do not apply to offsite

30         relocation or treatment; providing the

31         conditions under which further rehabilitation

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  1         may be required; amending s. 376.3078, F.S.;

  2         providing for rehabilitation criteria; amending

  3         s. 376.79, F.S.; defining the terms

  4         "contaminant" and "risk reduction"; redefining

  5         the terms "natural attenuation," "institutional

  6         control," and "source removal"; amending s.

  7         376.80, F.S.; allowing local governments or

  8         persons responsible for brownfield area

  9         rehabilitation and redevelopment to use an

10         existing advisory committee; deleting the

11         requirement that the advisory committee must

12         review and provide recommendations to the local

13         government with jurisdiction on the proposed

14         brownfield site rehabilitation agreement;

15         providing that the person responsible for site

16         rehabilitation must notify the advisory

17         committee of the intent to rehabilitate and

18         redevelop the site before executing the

19         brownfield site rehabilitation agreement;

20         requiring the person responsible for site

21         rehabilitation to hold a meeting or attend a

22         regularly scheduled meeting of the advisory

23         committee to inform the advisory committee of

24         the outcome of the environmental assessment;

25         requiring the person responsible for site

26         rehabilitation to enter into a brownfield site

27         rehabilitation agreement only if actual

28         contamination exists; clarifying provisions

29         relating to the required comprehensive general

30         liability and comprehensive automobile

31         liability insurance; amending s. 376.81, F.S.;

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  1         providing direction regarding the risk-based

  2         corrective action rule; requiring the

  3         department to establish alternative cleanup

  4         levels under certain circumstances; amending s.

  5         376.82, F.S.; providing immunity for liability

  6         regarding contaminated site remediation under

  7         certain circumstances; creating s. 376.88,

  8         F.S.; providing for the Brownfield Program

  9         Review Advisory Council; providing duties and

10         responsibilities; amending s. 403.973, F.S.;

11         providing that projects located in a designated

12         brownfield area are eligible for the expedited

13         permitting process; amending s. 190.012, F.S.;

14         authorizing community development districts to

15         fund certain environmental costs under certain

16         circumstances; amending ss. 712.01, 712.03,

17         F.S.; prohibiting subsequent property owners

18         from removing certain deed restrictions under

19         other provisions of the Marketable Record Title

20         Act; amending s. 252.87, F.S.; revising

21         reporting requirements under the Hazardous

22         Materials Emergency Response and Community

23         Right-to-Know Act; providing an effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Subsection (5) of section 288.047, Florida

28  Statutes, is amended to read:

29         288.047  Quick-response training for economic

30  development.--

31

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  1         (5)  For the first 6 months of each fiscal year,

  2  Enterprise Florida, Inc., shall set aside 30 percent of the

  3  amount appropriated for the Quick-Response Training Program by

  4  the Legislature to fund instructional programs for businesses

  5  located in an enterprise zone or brownfield area to instruct

  6  residents of an enterprise zone. Any unencumbered funds

  7  remaining undisbursed from this set-aside at the end of the

  8  6-month period may be used to provide funding for any program

  9  qualifying for funding pursuant to this section.

10         Section 2.  Section 288.107, Florida Statutes, is

11  amended to read:

12         288.107  Brownfield redevelopment bonus refunds.--

13         (1)  DEFINITIONS.--As used in this section:

14         (a)  "Account" means the Economic Development

15  Incentives Account as authorized in s. 288.095.

16         (b)  "Brownfield sites" means sites that are generally

17  abandoned, idled, or underused industrial and commercial

18  properties where expansion or redevelopment is complicated by

19  actual or perceived environmental contamination.

20         (c)  "Brownfield area" means a contiguous area of one

21  or more brownfield sites, some of which may not be

22  contaminated, and which has been designated by a local

23  government by resolution. Such areas may include all or

24  portions of community redevelopment areas, enterprise zones,

25  empowerment zones, other such designated economically deprived

26  communities and areas, and

27  Environmental-Protection-Agency-designated brownfield pilot

28  projects.

29         (d)  "Director" means the director of the Office of

30  Tourism, Trade, and Economic Development.

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  1         (e)  "Eligible business" means a qualified target

  2  industry business as defined in s. 288.106(2)(o) or other

  3  business that can demonstrate a fixed capital investment of at

  4  least $2 million in mixed-use business activities, including

  5  multi-unit housing, commercial, retail, and industrial in

  6  brownfield areas and which pays wages that are at least 80

  7  percent of the average of all private-sector wages in the

  8  county in which the business is located.

  9         (f)  "Jobs" means full-time equivalent positions,

10  consistent with the use of such terms by the Department of

11  Labor and Employment Security for the purpose of unemployment

12  compensation tax, resulting directly from a project in this

13  state.  This number does not include temporary construction

14  jobs involved with the construction of facilities for the

15  project and which are not associated with the implementation

16  of the site rehabilitation as provided in s. 376.80.

17         (g)  "Office" means the Office of Tourism, Trade, and

18  Economic Development.

19         (h)  "Project" means the creation of a new business or

20  the expansion of an existing business as defined in s.

21  288.106.

22         (2)  BROWNFIELD REDEVELOPMENT BONUS REFUND.--There

23  shall be allowed from the account a bonus refund of $2,500 to

24  any qualified target industry business or other eligible

25  business as defined in paragraph (1)(e) for each new Florida

26  job created in a brownfield which is claimed on the qualified

27  target industry business's annual refund claim authorized in

28  s. 288.106(6) or other similar annual claim procedure for

29  other eligible business as defined in paragraph (1)(e) and

30  approved by the office as specified in the final order issued

31  by the director.

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  1         (3)  CRITERIA.--The minimum criteria for participation

  2  in the brownfield redevelopment bonus refund are:

  3         (a)  The creation of at least 10 new full-time

  4  permanent jobs.  Such jobs shall not include construction or

  5  site rehabilitation jobs associated with the implementation of

  6  a brownfield site agreement as described in s. 376.80(5).

  7         (b)  The completion of a fixed capital investment of at

  8  least $2 million in mixed-use business activities, including

  9  multi-unit housing, commercial, retail, and industrial in

10  brownfield areas and which pay wages that are at least 80

11  percent of the average of all private-sector wages in the

12  county in which the business is located.

13         (c)(b)  That the designation as a brownfield will

14  diversify and strengthen the economy of the area surrounding

15  the site.

16         (d)(c)  That the designation as a brownfield will

17  promote capital investment in the area beyond that

18  contemplated for the rehabilitation of the site.

19         (4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS

20  REFUNDS.--

21         (a)  To be eligible to receive a bonus refund for new

22  Florida jobs created in a brownfield, a business must have

23  been certified as a qualified target industry business under

24  s. 288.106 or eligible business as defined in paragraph (1)(e)

25  and must have indicated on the qualified target industry tax

26  refund application form submitted in accordance with s.

27  288.106(4) or other similar agreement for other eligible

28  business as defined in paragraph (1)(e) that the project for

29  which the application is submitted is or will be located in a

30  brownfield and that the business is applying for certification

31  as a qualified brownfield business under this section, and

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  1  must have signed a qualified target industry tax refund

  2  agreement or other similar agreement for other eligible

  3  business as defined in paragraph (1)(e) with the office which

  4  indicates that the business has been certified as a qualified

  5  target industry business or eligible business as defined in

  6  paragraph (1)(e) agreement with the office which indicates

  7  that the business has been certified as a qualified target

  8  industry business located in a brownfield and specifies the

  9  schedule of brownfield redevelopment bonus refunds that the

10  business may be eligible to receive in each fiscal year.

11         (b)  To be considered to receive an eligible brownfield

12  redevelopment bonus refund payment, the business meeting the

13  requirements of paragraph (a) must submit a claim once each

14  fiscal year on a claim form approved by the office which

15  indicates the location of the brownfield, the address of the

16  business facility's brownfield location, the name of the

17  brownfield in which it is located, the number of jobs created,

18  and the average wage of the jobs created by the business

19  within the brownfield as defined in s. 288.106 and in the case

20  of other eligible business as defined in paragraph (1)(e), the

21  amount of capital investment and the administrative rules and

22  policies for this that section or s. 288.106. within the

23  brownfield as defined in s. 288.106 and the administrative

24  rules and policies for that section.

25         (c)  The bonus refunds shall be available on the same

26  schedule as the qualified target industry tax refund payments

27  scheduled in the qualified target industry tax refund

28  agreement authorized in s. 288.106 or other similar agreement

29  for other eligible businesses as defined in paragraph (1)(e).

30         (d)  After entering into a tax refund agreement as

31  provided in s. 288.106 or other similar agreement for other

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  1  eligible businesses as defined in paragraph (1)(e), an

  2  eligible business may receive brownfield redevelopment bonus

  3  refunds from the account pursuant to s. 288.106(3)(c).

  4         (e)  An eligible business that fraudulently claims a

  5  refund under this section:

  6         1.  Is liable for repayment of the amount of the refund

  7  to the account, plus a mandatory penalty in the amount of 200

  8  percent of the tax refund, which shall be deposited into the

  9  General Revenue Fund.

10         2.  Commits a felony of the third degree, punishable as

11  provided in s. 775.082, s. 775.083, or s. 775.084.

12         (f)  The office shall review all applications submitted

13  under s. 288.106 or other similar application forms for other

14  eligible businesses as defined in paragraph (1)(e) which

15  indicate that the proposed project will be located in a

16  brownfield and determine, with the assistance of the

17  Department of Environmental Protection, that the project

18  location is within a brownfield as provided in this act.

19         (g)  The office shall approve all claims for a

20  brownfield redevelopment bonus refund payment that are found

21  to meet the requirements of paragraphs (b) and (d).

22         (h)  The director, with such assistance as may be

23  required from the office and the Department of Environmental

24  Protection, shall specify by written final order the amount of

25  the brownfield redevelopment bonus refund that is authorized

26  for the qualified target industry business for the fiscal year

27  within 30 days after the date that the claim for the annual

28  tax refund is received by the office.

29         (i)  The office may approve applications for

30  certification pursuant to this section; however, the total of

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  1  tax refund payments scheduled in all active certifications for

  2  any fiscal year shall not exceed $3 million.

  3         (j)(i)  The total amount of the bonus refunds approved

  4  by the director under this section in any fiscal year must not

  5  exceed the total amount appropriated to the Economic

  6  Development Incentives Account for this purpose for the fiscal

  7  year.  In the event that the Legislature does not appropriate

  8  an amount sufficient to satisfy projections by the office for

  9  brownfield redevelopment bonus refunds under this section in a

10  fiscal year, the office shall, not later than July 15 of such

11  year, determine the proportion of each brownfield

12  redevelopment bonus refund claim which shall be paid by

13  dividing the amount appropriated for tax refunds for the

14  fiscal year by the projected total of brownfield redevelopment

15  bonus refund claims for the fiscal year. The amount of each

16  claim for a brownfield redevelopment bonus tax refund shall be

17  multiplied by the resulting quotient.  If, after the payment

18  of all such refund claims, funds remain in the Economic

19  Development Incentives Account for brownfield redevelopment

20  tax refunds, the office shall recalculate the proportion for

21  each refund claim and adjust the amount of each claim

22  accordingly.

23         (k)(j)  Upon approval of the brownfield redevelopment

24  bonus refund, payment shall be made for the amount specified

25  in the final order.  If the final order is appealed, payment

26  may not be made for a refund to the qualified target industry

27  business until the conclusion of all appeals of that order.

28         (5)  ADMINISTRATION.--

29         (a)  The office is authorized to verify information

30  provided in any claim submitted for tax credits under this

31  section with regard to employment and wage levels or the

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  1  payment of the taxes to the appropriate agency or authority,

  2  including the Department of Revenue, the Department of Labor

  3  and Employment Security, or any local government or authority.

  4         (b)  To facilitate the process of monitoring and

  5  auditing applications made under this program, the office may

  6  provide a list of qualified target industry businesses or

  7  other eligible businesses as defined in paragraph (1)(e) to

  8  the Department of Revenue, to the Department of Labor and

  9  Employment Security, to the Department of Environmental

10  Protection, or to any local government authority.  The office

11  may request the assistance of those entities with respect to

12  monitoring the payment of the taxes listed in s. 288.106(3).

13         Section 3.  Paragraph (b) of subsection (3) of section

14  288.905, Florida Statutes, is amended to read:

15         288.905  Duties of the board of directors of Enterprise

16  Florida, Inc.--

17         (3)

18         (b)1.  The strategic plan required under this section

19  shall include specific provisions for the stimulation of

20  economic development and job creation in rural areas and

21  midsize cities and counties of the state.

22         2.  Enterprise Florida, Inc., shall involve local

23  governments, local and regional economic development

24  organizations, and other local, state, and federal economic,

25  international, and workforce development entities, both public

26  and private, in developing and carrying out policies,

27  strategies, and programs, seeking to partner and collaborate

28  to produce enhanced public benefit at a lesser cost.

29         3.  Enterprise Florida, Inc., shall involve rural,

30  urban, small-business, and minority-business development

31  agencies and organizations, both public and private, in

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  1  developing and carrying out policies, strategies, and

  2  programs.

  3         4.  Enterprise Florida, Inc., shall develop a

  4  comprehensive marketing plan for redevelopment of brownfield

  5  areas designated pursuant to s. 376.80. The plan must include,

  6  but is not limited to, strategies to distribute information

  7  about current designated brownfield areas and the available

  8  economic incentives for redevelopment of brownfield areas.

  9  Such strategies are to be used in the promotion of business

10  formation, expansion, recruitment, retention, and work-force

11  development programs.

12         Section 4.  Section 376.301, Florida Statutes, is

13  amended to read:

14         376.301  Definitions of terms used in ss.

15  376.30-376.319, 376.70, and 376.75.--When used in ss.

16  376.30-376.319, 376.70, and 376.75, unless the context clearly

17  requires otherwise, the term:

18         (1)  "Aboveground hazardous substance tank" means any

19  stationary aboveground storage tank and onsite integral piping

20  that contains hazardous substances which are liquid at

21  standard temperature and pressure and has an individual

22  storage capacity greater than 110 gallons.

23         (2)  "Additive effects" means a scientific principle

24  that the toxicity that occurs as a result of exposure is the

25  sum of the toxicities of the individual chemicals to which the

26  individual is exposed.

27         (3)  "Antagonistic effects" means a scientific

28  principle that the toxicity that occurs as a result of

29  exposure is less than the sum of the toxicities of the

30  individual chemicals to which the individual is exposed.

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  1         (4)  "Backlog" means reimbursement obligations incurred

  2  pursuant to s. 376.3071(12), prior to March 29, 1995, or

  3  authorized for reimbursement under the provisions of s.

  4  376.3071(12), pursuant to chapter 95-2, Laws of Florida.

  5  Claims within the backlog are subject to adjustment, where

  6  appropriate.

  7         (5)  "Barrel" means 42 U.S. gallons at 60 degrees

  8  Fahrenheit.

  9         (6)  "Bulk product facility" means a waterfront

10  location with at least one aboveground tank with a capacity

11  greater than 30,000 gallons which is used for the storage of

12  pollutants.

13         (7)  "Cattle-dipping vat" means any structure,

14  excavation, or other facility constructed by any person, or

15  the site where such structure, excavation, or other facility

16  once existed, for the purpose of treating cattle or other

17  livestock with a chemical solution pursuant to or in

18  compliance with any local, state, or federal governmental

19  program for the prevention, suppression, control, or

20  eradication of any dangerous, contagious, or infectious

21  diseases.

22         (8)  "Compression vessel" means any stationary

23  container, tank, or onsite integral piping system, or

24  combination thereof, which has a capacity of greater than 110

25  gallons, that is primarily used to store pollutants or

26  hazardous substances above atmospheric pressure or at a

27  reduced temperature in order to lower the vapor pressure of

28  the contents. Manifold compression vessels that function as a

29  single vessel shall be considered as one vessel.

30         (9)  "Contaminant" means any physical, chemical,

31  biological, or radiological substance present in any medium

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  1  which may result in adverse effects to human health or the

  2  environment or which creates an adverse nuisance,

  3  organoleptic, or aesthetic condition in groundwater.

  4         (10)  "Contaminated site" means any contiguous land,

  5  sediment, surface water, or groundwater areas that contain

  6  contaminants that may be harmful to human health or the

  7  environment.

  8         (11)  "Department" means the Department of

  9  Environmental Protection.

10         (12)  "Discharge" includes, but is not limited to, any

11  spilling, leaking, seeping, pouring, misapplying, emitting,

12  emptying, releasing, or dumping of any pollutant or hazardous

13  substance which occurs and which affects lands and the surface

14  and ground waters of the state not regulated by ss.

15  376.011-376.21.

16         (13)  "Drycleaning facility" means a commercial

17  establishment that operates or has at some time in the past

18  operated for the primary purpose of drycleaning clothing and

19  other fabrics utilizing a process that involves any use of

20  drycleaning solvents. The term "drycleaning facility" includes

21  laundry facilities that use drycleaning solvents as part of

22  their cleaning process. The term does not include a facility

23  that operates or has at some time in the past operated as a

24  uniform rental company or a linen supply company regardless of

25  whether the facility operates as or was previously operated as

26  a drycleaning facility.

27         (14)  "Drycleaning solvents" means any and all

28  nonaqueous solvents used in the cleaning of clothing and other

29  fabrics and includes perchloroethylene (also known as

30  tetrachloroethylene) and petroleum-based solvents, and their

31  breakdown products. For purposes of this definition,

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  1  "drycleaning solvents" only includes those drycleaning

  2  solvents originating from use at a drycleaning facility or by

  3  a wholesale supply facility.

  4         (15)  "Dry drop-off facility" means any commercial

  5  retail store that receives from customers clothing and other

  6  fabrics for drycleaning or laundering at an offsite

  7  drycleaning facility and that does not clean the clothing or

  8  fabrics at the store utilizing drycleaning solvents.

  9         (16)  "Engineering controls" means modifications to a

10  site to reduce or eliminate the potential for exposure to

11  petroleum products' chemicals of concern, drycleaning

12  solvents, or other contaminants.  Such modifications may

13  include, but are not limited to, physical or hydraulic control

14  measures, capping, point of use treatments, or slurry walls.

15         (17)  "Wholesale supply facility" means a commercial

16  establishment that supplies drycleaning solvents to

17  drycleaning facilities.

18         (18)  "Facility" means a nonresidential location

19  containing, or which contained, any underground stationary

20  tank or tanks which contain hazardous substances or pollutants

21  and have individual storage capacities greater than 110

22  gallons, or any aboveground stationary tank or tanks which

23  contain pollutants which are liquids at standard ambient

24  temperature and pressure and have individual storage

25  capacities greater than 550 gallons. This subsection shall not

26  apply to facilities covered by chapter 377, or containers

27  storing solid or gaseous pollutants, and agricultural tanks

28  having storage capacities of less than 550 gallons.

29         (19)  "Flow-through process tank" means an aboveground

30  tank that contains hazardous substances or specified mineral

31  acids as defined in s. 376.321 and that forms an integral part

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  1  of a production process through which there is a steady,

  2  variable, recurring, or intermittent flow of materials during

  3  the operation of the process.  Flow-through process tanks

  4  include, but are not limited to, seal tanks, vapor recovery

  5  units, surge tanks, blend tanks, feed tanks, check and delay

  6  tanks, batch tanks, oil-water separators, or tanks in which

  7  mechanical, physical, or chemical change of a material is

  8  accomplished.

  9         (20)  "Hazardous substances" means those substances

10  defined as hazardous substances in the Comprehensive

11  Environmental Response, Compensation and Liability Act of

12  1980, Pub. L. No. 96-510, 94 Stat. 2767, as amended by the

13  Superfund Amendments and Reauthorization Act of 1986.

14         (21)  "Institutional controls" means the restriction on

15  use or access to a site to eliminate or minimize exposure to

16  petroleum products' chemicals of concern, drycleaning

17  solvents, or other contaminants.  Such restrictions may

18  include, but are not limited to, deed restrictions,

19  restrictive covenants, or conservation easements use

20  restrictions, or restrictive zoning.

21         (22)  "Laundering on a wash, dry, and fold basis" means

22  the service provided by the owner or operator of a

23  coin-operated laundry to its customers whereby an employee of

24  the laundry washes, dries, and folds laundry for its

25  customers.

26         (23)  "Marine fueling facility" means a commercial or

27  recreational coastal facility, excluding a bulk product

28  facility, providing fuel to vessels.

29         (24)  "Natural attenuation" means a verifiable an

30  approach to site rehabilitation that allows natural processes

31  to contain the spread of contamination and reduce the

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  1  concentrations of contaminants in contaminated groundwater and

  2  soil. Natural attenuation processes may include the following:

  3  sorption, biodegradation, chemical reactions with subsurface

  4  materials, diffusion, dispersion, and volatilization.

  5         (25)  "Operator" means any person operating a facility,

  6  whether by lease, contract, or other form of agreement.

  7         (26)  "Owner" means any person owning a facility.

  8         (27)  "Person" means any individual, partner, joint

  9  venture, or corporation; any group of the foregoing, organized

10  or united for a business purpose; or any governmental entity.

11         (28)  "Person in charge" means the person on the scene

12  who is in direct, responsible charge of a facility from which

13  pollutants are discharged, when the discharge occurs.

14         (29)  "Person responsible for conducting site

15  rehabilitation" means the site owner, operator, or the person

16  designated by the site owner or operator on the reimbursement

17  application.  Mortgage holders and trust holders may be

18  eligible to participate in the reimbursement program pursuant

19  to s. 376.3071(12).

20         (30)  "Petroleum" includes:

21         (a)  Oil, including crude petroleum oil and other

22  hydrocarbons, regardless of gravity, which are produced at the

23  well in liquid form by ordinary methods and which are not the

24  result of condensation of gas after it leaves the reservoir;

25  and

26         (b)  All natural gas, including casinghead gas, and all

27  other hydrocarbons not defined as oil in paragraph (a).

28         (31)  "Petroleum product" means any liquid fuel

29  commodity made from petroleum, including, but not limited to,

30  all forms of fuel known or sold as diesel fuel, kerosene, all

31  forms of fuel known or sold as gasoline, and fuels containing

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  1  a mixture of gasoline and other products, excluding liquefied

  2  petroleum gas and American Society for Testing and Materials

  3  (ASTM) grades no. 5 and no. 6 residual oils, bunker C residual

  4  oils, intermediate fuel oils (IFO) used for marine bunkering

  5  with a viscosity of 30 and higher, asphalt oils, and

  6  petrochemical feedstocks.

  7         (32)  "Petroleum products' chemicals of concern" means

  8  the constituents of petroleum products, including, but not

  9  limited to, xylene, benzene, toluene, ethylbenzene,

10  naphthalene, and similar chemicals, and constituents in

11  petroleum products, including, but not limited to, methyl

12  tert-butyl ether (MTBE), lead, and similar chemicals found in

13  additives, provided the chemicals of concern are present as a

14  result of a discharge of petroleum products.

15         (33)  "Petroleum storage system" means a stationary

16  tank not covered under the provisions of chapter 377, together

17  with any onsite integral piping or dispensing system

18  associated therewith, which is used, or intended to be used,

19  for the storage or supply of any petroleum product. Petroleum

20  storage systems may also include oil/water separators, and

21  other pollution control devices installed at petroleum product

22  terminals as defined in this chapter and bulk product

23  facilities pursuant to, or required by, permits or best

24  management practices in an effort to control surface discharge

25  of pollutants.  Nothing herein shall be construed to allow a

26  continuing discharge in violation of department rules.

27         (34)  "Pollutants" includes any "product" as defined in

28  s. 377.19(11), pesticides, ammonia, chlorine, and derivatives

29  thereof, excluding liquefied petroleum gas.

30         (35)  "Pollution" means the presence on the land or in

31  the waters of the state of pollutants in quantities which are

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  1  or may be potentially harmful or injurious to human health or

  2  welfare, animal or plant life, or property or which may

  3  unreasonably interfere with the enjoyment of life or property,

  4  including outdoor recreation.

  5         (36)  "Real property owner" means the individual or

  6  entity that is vested with ownership, dominion, or legal or

  7  rightful title to the real property, or which has a ground

  8  lease interest in the real property, on which a drycleaning

  9  facility or wholesale supply facility is or has ever been

10  located.

11         (37)  "Response action" means any activity, including

12  evaluation, planning, design, engineering, construction, and

13  ancillary services, which is carried out in response to any

14  discharge, release, or threatened release of a hazardous

15  substance, pollutant, or other contaminant from a facility or

16  site identified by the department under the provisions of ss.

17  376.30-376.319.

18         (38)  "Response action contractor" means a person who

19  is carrying out any response action, including a person

20  retained or hired by such person to provide services relating

21  to a response action.

22         (39)  "Risk reduction" means the lowering or

23  elimination of the level of risk posed to human health or the

24  environment through interim remedial actions, remedial action,

25  or institutional and, if appropriate, engineering controls.

26         (40)(39)  "Secretary" means the Secretary of

27  Environmental Protection.

28         (41)(40)  "Site rehabilitation" means the assessment of

29  site contamination and the remediation activities that reduce

30  the levels of contaminants at a site through accepted

31  treatment methods to meet the cleanup target levels

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  1  established for that site. For purposes of sites subject to

  2  the Resource Conservation and Recovery Act, as amended, the

  3  term includes removal, decontamination, and corrective action

  4  of releases of hazardous substances.

  5         (42)(41)  "Source removal" means the removal of free

  6  product, or the removal of contaminants from soil or sediment

  7  that has been contaminated to the extent that leaching to

  8  groundwater or surface water has occurred or is occurring.

  9         (43)(42)  "Storage system" means a stationary tank not

10  covered under the provisions of chapter 377, together with any

11  onsite integral piping or dispensing system associated

12  therewith, which is or has been used for the storage or supply

13  of any petroleum product, pollutant, or hazardous substance as

14  defined herein, and which is registered with the Department of

15  Environmental Protection under this chapter or any rule

16  adopted pursuant hereto.

17         (44)(43)  "Synergistic effects" means a scientific

18  principle that the toxicity that occurs as a result of

19  exposure is more than the sum of the toxicities of the

20  individual chemicals to which the individual is exposed.

21         (45)(44)  "Terminal facility" means any structure,

22  group of structures, motor vehicle, rolling stock, pipeline,

23  equipment, or related appurtenances which are used or capable

24  of being used for one or more of the following purposes:

25  pumping, refining, drilling for, producing, storing, handling,

26  transferring, or processing pollutants, provided such

27  pollutants are transferred over, under, or across any water,

28  estuaries, tidal flats, beaches, or waterfront lands,

29  including, but not limited to, any such facility and related

30  appurtenances owned or operated by a public utility or a

31  governmental or quasi-governmental body. In the event of a

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  1  ship-to-ship transfer of pollutants, the vessel going to or

  2  coming from the place of transfer and a terminal facility

  3  shall also be considered a terminal facility. For the purposes

  4  of ss. 376.30-376.319, the term "terminal facility" shall not

  5  be construed to include spill response vessels engaged in

  6  response activities related to removal of pollutants, or

  7  temporary storage facilities created to temporarily store

  8  recovered pollutants and matter, or waterfront facilities

  9  owned and operated by governmental entities acting as agents

10  of public convenience for persons engaged in the drilling for

11  or pumping, storing, handling, transferring, processing, or

12  refining of pollutants. However, each person engaged in the

13  drilling for or pumping, storing, handling, transferring,

14  processing, or refining of pollutants through a waterfront

15  facility owned and operated by such a governmental entity

16  shall be construed as a terminal facility.

17         (46)(45)  "Transfer" or "transferred" includes

18  onloading, offloading, fueling, bunkering, lightering, removal

19  of waste pollutants, or other similar transfers, between

20  terminal facility and vessel or vessel and vessel.

21         Section 5.  Section 376.30701, Florida Statutes, is

22  created to read:

23         376.30701  Application of risk-based corrective action

24  principles to contaminated sites; applicability; legislative

25  intent; rulemaking authority; contamination cleanup criteria;

26  limitations; reopeners; mapping; registry.--

27         (1)  APPLICABILITY.--

28         (a)  This section shall not create or establish any new

29  liability for site rehabilitation at contaminated sites. This

30  section is intended to describe a risk-based corrective action

31  process to be applied at sites where legal responsibility for

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  1  site rehabilitation exists pursuant to other provisions of

  2  chapter 376 or chapter 403.

  3         (b)  This section shall apply to all contaminated sites

  4  resulting from a discharge of pollutants or hazardous

  5  substances where legal responsibility for site rehabilitation

  6  exists pursuant to other provisions of chapter 376 or chapter

  7  403 except for those contaminated sites subject to the

  8  risk-based corrective action cleanup criteria established for

  9  the petroleum, brownfields, and drycleaning programs pursuant

10  to ss. 376.3071, 376.81, and 376.3078, respectively.

11         (c)  This section shall apply to a variety of site

12  rehabilitation scenarios including, but not limited to, site

13  rehabilitation conducted voluntarily, conducted pursuant to

14  the department's enforcement authority, or conducted as a

15  state-managed cleanup by the department.

16         (d)  This section, and any rules adopted pursuant

17  thereto, shall apply retroactively to all existing

18  contaminated sites where legal responsibility for site

19  rehabilitation exists pursuant to other provisions of chapter

20  376 or chapter 403 except those sites for which as of March 1,

21  2000, a report has been submitted to the department which

22  documents that cleanup has been completed, at sites for which

23  cleanup target levels have been accepted by the department in

24  an approved technical document, current permit, or other

25  written agreement, and at those sites that have received a No

26  Further Action Order or a Site Rehabilitation Completion Order

27  from the department. However, the person responsible for site

28  rehabilitation can elect to have the provisions of this

29  section, including cleanup target levels established pursuant

30  thereto, apply in lieu of those in an approved technical

31  document, current permit, or other written agreement.

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  1         (e)  The cleanup criteria established in subsection (2)

  2  shall apply as Applicable or Relevant and Appropriate

  3  Requirements to all contaminated sites in Florida that have

  4  been identified to qualify for listing, or are listed, on the

  5  National Priority List pursuant to the Comprehensive

  6  Environmental Response, Compensation, and Liability Act of

  7  1980 as amended by the Superfund Amendments and

  8  Reauthorization Act of 1986, and as subsequently amended.

  9         (f)  This section does not affect the goal of

10  expediency in emergency response actions to releases to soil

11  that result in soil contamination at levels above the soil

12  target cleanup levels. The need for uniformity in requirements

13  and accountability necessitates that emergency response

14  actions to releases be subject solely to the requirements of

15  the department, the Department of Community Affairs, and any

16  federal agencies with statewide enforcement authority that are

17  given jurisdiction over releases by federal law. The

18  risk-based corrective action process at these sites shall

19  allow department-recognized field screening techniques to be

20  used.

21         (2)  INTENT; RULEMAKING AUTHORITY; CLEANUP

22  CRITERIA.--It is the intent of the Legislature to protect the

23  health of all people under actual circumstances of exposure.

24  By July 1, 2001, the secretary of the department shall

25  establish criteria by rule for the purpose of determining, on

26  a site-specific basis, the rehabilitation program tasks that

27  comprise a site rehabilitation program, including a voluntary

28  site rehabilitation program, and the level at which a

29  rehabilitation program task and a site rehabilitation program

30  may be deemed completed.  In establishing these rules, the

31  department shall apply, to the maximum extent feasible, a

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  1  risk-based corrective action process to achieve protection of

  2  human health and safety and the environment in a

  3  cost-effective manner based on the principles set forth in

  4  this subsection. These rules shall prescribe a phased

  5  risk-based corrective-action process that is iterative and

  6  that tailors site rehabilitation tasks to site-specific

  7  conditions and risk. The department and the person responsible

  8  for site rehabilitation are encouraged to establish decision

  9  points at which risk management decisions will be made. The

10  department shall provide an early decision, when requested,

11  regarding applicable exposure factors and a risk management

12  approach based on the current and future land use at the site.

13  These rules must also include protocols for the use of natural

14  attenuation, the use of institutional and engineering

15  controls, and the issuance of "no further action" letters. The

16  criteria for determining what constitutes a rehabilitation

17  program task or completion of a site rehabilitation program

18  task or site rehabilitation program, including a voluntary

19  site rehabilitation program, must:

20         (a)  Consider the current exposure and potential risk

21  of exposure to humans and the environment, including multiple

22  pathways of exposure.  The physical, chemical, and biological

23  characteristics of each contaminant must be considered in

24  order to determine the feasibility of risk-based corrective

25  action assessment.

26         (b)  Establish the point of compliance at the source of

27  the contamination.  However, the department is authorized to

28  temporarily move the point of compliance to the boundary of

29  the property, or to the edge of the plume when the plume is

30  within the property boundary, while cleanup, including cleanup

31  through natural attenuation processes in conjunction with

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  1  appropriate monitoring, is proceeding.  The department also is

  2  authorized, pursuant to criteria provided for in this section,

  3  to temporarily extend the point of compliance beyond the

  4  property boundary with appropriate monitoring, if such

  5  extension is needed to facilitate natural attenuation or to

  6  address the current conditions of the plume, provided that

  7  human health, public safety, and the environment are

  8  protected.  When temporarily extending the point of compliance

  9  beyond the property boundary, it cannot be extended further

10  than the lateral extent of the plume, if known, at the time of

11  execution of a cleanup agreement, if required, or the lateral

12  extent of the plume as defined at the time of site assessment.

13  Temporary extension of the point of compliance beyond the

14  property boundary, as provided in this paragraph, must include

15  actual notice by the person responsible for site

16  rehabilitation to local governments and the owners of any

17  property into which the point of compliance is allowed to

18  extend and constructive notice to residents and business

19  tenants of the property into which the point of compliance is

20  allowed to extend. Persons receiving notice pursuant to this

21  paragraph shall have the opportunity to comment within 30 days

22  of receipt of the notice.

23         (c)  Ensure that the site-specific cleanup goal is that

24  all contaminated sites being cleaned up under this section

25  ultimately achieve the applicable cleanup target levels

26  provided in this subsection. In the circumstances provided

27  below, and after constructive notice and opportunity to

28  comment within 30 days from receipt of the notice to local

29  government, to owners of any property into which the point of

30  compliance is allowed to extend, and to residents on any

31  property into which the point of compliance is allowed to

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  1  extend, the department may allow concentrations of

  2  contaminants to temporarily exceed the applicable cleanup

  3  target levels while cleanup, including cleanup through natural

  4  attenuation processes in conjunction with appropriate

  5  monitoring, is proceeding, if human health, public safety, and

  6  the environment are protected.

  7         (d)  Allow the use of institutional or engineering

  8  controls at contaminated sites being cleaned up under this

  9  section, where appropriate, to eliminate or control the

10  potential exposure to contaminants of humans or the

11  environment. The use of controls must be preapproved by the

12  department and only after constructive notice and opportunity

13  to comment within 30 days from receipt of notice is provided

14  to local governments, to owners of any property into which the

15  point of compliance is allowed to extend, and to residents on

16  any property into which the point of compliance is allowed to

17  extend. When institutional or engineering controls are

18  implemented to control exposure, the removal of the controls

19  must have prior department approval and must be accompanied by

20  the resumption of active cleanup, or other approved controls,

21  unless cleanup target levels under this section have been

22  achieved.

23         (e)  Consider the additive effects of contaminants.

24  The synergistic and antagonistic effects must also be

25  considered when the scientific data become available.

26         (f)  Take into consideration individual site

27  characteristics, which shall include, but not be limited to,

28  the current and projected use of the affected groundwater and

29  surface water in the vicinity of the site, current and

30  projected land uses of the area affected by the contamination,

31  the exposed population, the degree and extent of

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  1  contamination, the rate of contaminant migration, the apparent

  2  or potential rate of contaminant degradation through natural

  3  attenuation processes, the location of the plume, and the

  4  potential for further migration in relation to site property

  5  boundaries.

  6         (g)  Apply state water quality standards as follows:

  7         1.  Cleanup target levels for each contaminant found in

  8  groundwater shall be the applicable state water quality

  9  standards.  Where such standards do not exist, the cleanup

10  target levels for groundwater shall be based on the minimum

11  criteria specified in department rule.  The department shall

12  apply the following, as appropriate, in establishing the

13  applicable cleanup target levels:  calculations using a

14  lifetime cancer risk level of 1.0E-6; a hazard index of 1 or

15  less; the best achievable detection limit; and nuisance,

16  organoleptic, and aesthetic considerations. However, the

17  department shall not require site rehabilitation to achieve a

18  cleanup target level for any individual contaminant that is

19  more stringent than the site-specific, naturally occurring

20  background concentration for that contaminant.

21         2.  Where surface waters are exposed to contaminated

22  groundwater, the cleanup target levels for the contaminants

23  shall be based on the more protective of the groundwater or

24  surface water standards as established by department rule. The

25  point of measuring compliance with the surface water standards

26  shall be in the groundwater immediately adjacent to the

27  surface water body.

28         3.  The department shall approve alternative cleanup

29  target levels in conjunction with institutional and

30  engineering controls, if needed, based upon an applicant's

31  demonstration, using site-specific data, modeling results,

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  1  risk assessment studies, risk-reduction techniques, or a

  2  combination thereof, that human health, public safety, and the

  3  environment are protected to the same degree as provided in

  4  subparagraphs 1. and 2.  Where a state water-quality standard

  5  is applicable, a deviation may not result in the application

  6  of cleanup target levels more stringent than the standard.  In

  7  determining whether it is appropriate to establish alternative

  8  cleanup target levels at a site, the department must consider

  9  the effectiveness of source removal, if any, that has been

10  completed at the site and the practical likelihood of the use

11  of low yield or poor quality groundwater, the use of

12  groundwater near marine surface water bodies, the current and

13  projected use of the affected groundwater in the vicinity of

14  the site, or the use of groundwater in the immediate vicinity

15  of the contaminated area, where it has been demonstrated that

16  the groundwater contamination is not migrating away from such

17  localized source, provided human health, public safety, and

18  the environment are protected.

19         (h)  Provide for the department to issue a "no further

20  action order," with conditions including, but not limited to,

21  the use of institutional or engineering controls where

22  appropriate, when alternative cleanup target levels

23  established pursuant to subparagraph (g)3. have been achieved,

24  or when the person responsible for site rehabilitation can

25  demonstrate that the cleanup target level is unachievable

26  within available technologies.  Prior to issuing such an

27  order, the department shall consider the feasibility of an

28  alternative site rehabilitation technology at the contaminated

29  site.

30         (i)  Establish appropriate cleanup target levels for

31  soils.

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  1         1.  In establishing soil cleanup target levels for

  2  human exposure to each contaminant found in soils from the

  3  land surface to 2 feet below land surface, the department

  4  shall apply the following, as appropriate: calculations using

  5  a lifetime cancer risk level of 1.0E-6; a hazard index of 1 or

  6  less; and the best achievable detection limit. However, the

  7  department shall not require site rehabilitation to achieve a

  8  cleanup target level for an individual contaminant that is

  9  more stringent than the site-specific, naturally occurring

10  background concentration for that contaminant. Institutional

11  controls or other methods shall be used to prevent human

12  exposure to contaminated soils more than 2 feet below the land

13  surface.  Any removal of such institutional controls shall

14  require such contaminated soils to be remediated.

15         2.  Leachability-based soil target levels shall be

16  based on protection of the groundwater cleanup target levels

17  or the alternate cleanup target levels for groundwater

18  established pursuant to this paragraph, as appropriate. Source

19  removal and other cost-effective alternatives that are

20  technologically feasible shall be considered in achieving the

21  leachability soil target levels established by the department.

22  The leachability goals shall not be applicable if the

23  department determines, based upon individual site

24  characteristics and in conjunction with institutional and

25  engineering controls, if needed, that contaminants will not

26  leach into the groundwater at levels that pose a threat to

27  human health, public safety, or the environment.

28         3.  The department shall approve alternative cleanup

29  target levels in conjunction with institutional and

30  engineering controls, if needed, based upon an applicant's

31  demonstration, using site-specific data, modeling results,

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  1  risk assessment studies, risk-reduction techniques, or a

  2  combination thereof, that human health, public safety, and the

  3  environment are protected to the same degree as provided in

  4  subparagraphs 1. and 2.

  5

  6  The department shall require source removal, if warranted and

  7  cost-effective.  Once source removal at a site is complete,

  8  the department shall reevaluate the site to determine the

  9  degree of active cleanup needed to continue.  Further, the

10  department shall determine if the reevaluated site qualifies

11  for monitoring only or if no further action is required to

12  rehabilitate the site.  If additional site rehabilitation is

13  necessary to reach "no further action" status, the department

14  is encouraged to utilize natural attenuation and monitoring

15  where site conditions warrant.

16         (3)  LIMITATIONS.--The cleanup criteria established

17  pursuant to this section govern only site rehabilitation

18  activities occurring at the contaminated site. Removal of

19  contaminated media from a site for offsite relocation or

20  treatment must be in accordance with all applicable federal,

21  state, and local laws and regulations.

22         (4)  REOPENERS.--Upon completion of site rehabilitation

23  in compliance with subsection (2), additional site

24  rehabilitation is not required unless it is demonstrated:

25         (a)  That fraud was committed in demonstrating site

26  conditions or completion of site rehabilitation;

27         (b)  That new information confirms the existence of an

28  area of previously unknown contamination that exceeds the

29  site-specific rehabilitation levels established in accordance

30  with subsection (2), or that otherwise poses the threat of

31

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  1  real and substantial harm to public health, safety, or the

  2  environment;

  3         (c)  That the remediation efforts failed to achieve the

  4  site rehabilitation criteria established under this section;

  5         (d)  That the level of risk is increased beyond the

  6  acceptable risk established under subsection (2) due to

  7  substantial changes in exposure conditions, such as a change

  8  in land use from nonresidential to residential use. Any person

  9  who changes the land use of the site, thus causing the level

10  of risk to increase beyond the acceptable risk level, may be

11  required by the department to undertake additional remediation

12  measures to assure that human health, public safety, and the

13  environment are protected consistent with this section; or

14         (e)  That a new discharge of pollutants or hazardous

15  substances or disposal of solid waste or hazardous waste

16  occurs at the site subsequent to the issuance of a "no further

17  action" letter or site rehabilitation completion order

18  associated with the original contamination being addressed

19  pursuant to this section.

20         (5)  MAPPING.--Notwithstanding the exceptions in

21  paragraph (1)(b), if an institutional control is implemented

22  at any contaminated site, including sites in the petroleum,

23  brownfields, or drycleaning programs, the property owner must

24  provide information regarding the institutional control to the

25  local government for mapping purposes. The local government

26  must then note the existence of the institutional control on

27  any relevant local land use and zoning maps with a

28  cross-reference to the department's site registry developed

29  pursuant to subsection (6). If the type of institutional

30  control used requires recording with the local government,

31  then the map notation shall also provide a cross-reference to

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  1  the book and page number where recorded. When a local

  2  government is provided with evidence that the department has

  3  subsequently issued a No Further Action Order without

  4  institutional controls for a site currently noted on such

  5  maps, the local government shall remove the notation.

  6         (6)  REGISTRY.--Notwithstanding the exceptions in

  7  paragraph (1)(b), the department shall prepare and maintain a

  8  registry of all contaminated sites subject to institutional

  9  and engineering controls, in order to provide a mechanism for

10  the public and local governments to: monitor the status of

11  these controls; monitor the department's short-term and

12  long-term protection of human health and the environment in

13  relation to these sites; and evaluate economic revitalization

14  efforts in these areas. At a minimum, the registry shall

15  include the type of institutional or engineering controls

16  employed at a particular site, types of contaminants and

17  affected media, land use limitations, and the county in which

18  the site is located. Sites listed on the registry at which the

19  department has subsequently issued a No Further Action Order

20  without institutional controls shall be removed from the

21  registry. The department shall make the registry available to

22  the public and local governments within 1 year after the

23  effective date of this act. The department shall provide local

24  governments with actual notice when the registry becomes

25  available. Local zoning and planning offices shall post

26  information on how to access the registry in public view.

27         Section 6.  Paragraph (i) of subsection (4) of section

28  376.3078, Florida Statutes, is amended to read:

29         376.3078  Drycleaning facility restoration; funds;

30  uses; liability; recovery of expenditures.--

31

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  1         (4)  REHABILITATION CRITERIA.--It is the intent of the

  2  Legislature to protect the health of all people under actual

  3  circumstances of exposure.  By July 1, 1999, the secretary of

  4  the department shall establish criteria by rule for the

  5  purpose of determining, on a site-specific basis, the

  6  rehabilitation program tasks that comprise a site

  7  rehabilitation program, including a voluntary site

  8  rehabilitation program, and the level at which a

  9  rehabilitation program task and a site rehabilitation program

10  may be deemed completed.  In establishing the rule, the

11  department shall incorporate, to the maximum extent feasible,

12  risk-based corrective action principles to achieve protection

13  of human health and safety and the environment in a

14  cost-effective manner as provided in this subsection.  The

15  rule shall also include protocols for the use of natural

16  attenuation and the issuance of "no further action" letters.

17  The criteria for determining what constitutes a rehabilitation

18  program task or completion of a site rehabilitation program

19  task or site rehabilitation program, including a voluntary

20  site rehabilitation program, must:

21         (i)  Establish appropriate cleanup target levels for

22  soils.

23         1.  In establishing soil cleanup target levels for

24  human exposure to each contaminant found in soils from the

25  land surface to 2 feet below land surface, the department

26  shall consider the following, as appropriate: calculations

27  using a lifetime cancer risk level of 1.0E-6; a hazard index

28  of 1 or less; the best achievable detection limit; or the

29  naturally occurring background concentration. Institutional

30  controls or other methods shall be used to prevent human

31  exposure to contaminated soils more than 2 feet below the land

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  1  surface.  Any removal of such institutional controls shall

  2  require such contaminated soils to be remediated.

  3         2.  Leachability-based soil target levels shall be

  4  based on protection of the groundwater cleanup target levels

  5  or the alternate cleanup target levels for groundwater

  6  established pursuant to this paragraph, as appropriate. Source

  7  removal and other cost-effective alternatives that are

  8  technologically feasible shall be considered in achieving the

  9  leachability soil target levels established by the department.

10  The leachability goals shall not be applicable if the

11  department determines, based upon individual site

12  characteristics, that contaminants will not leach into the

13  groundwater at levels which pose a threat to human health,

14  public safety, and the environment.

15         3.  The department may set alternative cleanup target

16  levels based upon the person responsible for site

17  rehabilitation demonstrating, using site-specific modeling and

18  risk assessment studies, that human health, public safety, and

19  the environment are protected.

20

21  The department shall require source removal, if warranted and

22  cost-effective.  Once source removal at a site is complete,

23  the department shall reevaluate the site to determine the

24  degree of active cleanup needed to continue.  Further, the

25  department shall determine if the reevaluated site qualifies

26  for monitoring only or if no further action is required to

27  rehabilitate the site.  If additional site rehabilitation is

28  necessary to reach "no further action" status, the department

29  is encouraged to utilize natural attenuation and monitoring

30  where site conditions warrant.

31

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  1         Section 7.  Section 376.79, Florida Statutes, is

  2  amended to read:

  3         376.79  Definitions.--As used in ss. 376.77-376.85, the

  4  term:

  5         (1)  "Additive effects" means a scientific principle

  6  that the toxicity that occurs as a result of exposure is the

  7  sum of the toxicities of the individual chemicals to which the

  8  individual is exposed.

  9         (2)  "Antagonistic effects" means a scientific

10  principle that the toxicity that occurs as a result of

11  exposure is less than the sum of the toxicities of the

12  individual chemicals to which the individual is exposed.

13         (3)  "Brownfield sites" means sites that are generally

14  abandoned, idled, or underused industrial and commercial

15  properties where expansion or redevelopment is complicated by

16  actual or perceived environmental contamination.

17         (4)  "Brownfield area" means a contiguous area of one

18  or more brownfield sites, some of which may not be

19  contaminated, and which has been designated by a local

20  government by resolution. Such areas may include all or

21  portions of community redevelopment areas, enterprise zones,

22  empowerment zones, other such designated economically deprived

23  communities and areas, and Environmental Protection

24  Agency-designated brownfield pilot projects.

25         (5)  "Contaminant" means any physical, chemical,

26  biological, or radiological substance present in any medium

27  which may result in adverse effects to human health or the

28  environment or which creates an adverse nuisance,

29  organoleptic, or aesthetic condition in groundwater.

30

31

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  1         (6)(5)  "Contaminated site" means any contiguous land,

  2  surface water, or groundwater areas that contain contaminants

  3  that may be harmful to human health or the environment.

  4         (7)(6)  "Department" means the Department of

  5  Environmental Protection.

  6         (8)(7)  "Engineering controls" means modifications to a

  7  site to reduce or eliminate the potential for exposure to

  8  contaminants.  Such modifications may include, but are not

  9  limited to, physical or hydraulic control measures, capping,

10  point of use treatments, or slurry walls.

11         (9)(8)  "Environmental justice" means the fair

12  treatment of all people of all races, cultures, and incomes

13  with respect to the development, implementation, and

14  enforcement of environmental laws, regulations, and policies.

15         (10)(9)  "Institutional controls" means the restriction

16  on use of or access to a site to eliminate or minimize

17  exposure to contaminants.  Such restrictions may include, but

18  are not limited to, deed restrictions, restrictive covenants,

19  or conservation easements use restrictions, or restrictive

20  zoning.

21         (11)(10)  "Local pollution control program" means a

22  local pollution control program that has received delegated

23  authority from the Department of Environmental Protection

24  under ss. 376.80(11) and 403.182.

25         (12)(11)  "Natural attenuation" means a verifiable

26  approach to site rehabilitation which allows natural processes

27  to contain the spread of contamination and reduce the

28  concentrations of contaminants in contaminated groundwater and

29  soil. Natural attenuation processes may include sorption,

30  biodegradation, chemical reactions with subsurface materials,

31  diffusion, dispersion, and volatilization. the verifiable

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  1  reduction of contaminants through natural processes, which may

  2  include diffusion, dispersion, adsorption, and biodegradation.

  3         (13)(12)  "Person responsible for brownfield site

  4  rehabilitation" means the individual or entity that is

  5  designated by the local government to enter into the

  6  brownfield site rehabilitation agreement with the department

  7  or an approved local pollution control program and enters into

  8  an agreement with the local government for redevelopment of

  9  the site.

10         (14)(13)  "Person" means any individual, partner, joint

11  venture, or corporation; any group of the foregoing, organized

12  or united for a business purpose; or any governmental entity.

13         (15)  "Risk reduction" means the lowering or

14  elimination of the level of risk posed to human health or the

15  environment through interim remedial actions, remedial action,

16  or institutional, and if appropriate, engineering controls.

17         (16)(14)  "Secretary" means the secretary of the

18  Department of Environmental Protection.

19         (17)(15)  "Site rehabilitation" means the assessment of

20  site contamination and the remediation activities that reduce

21  the levels of contaminants at a site through accepted

22  treatment methods to meet the cleanup target levels

23  established for that site.

24         (18)(16)  "Source removal" means the removal of free

25  product, or the removal of contaminants from soil or sediment

26  that has been contaminated to the extent that leaching to

27  groundwater or surface water has occurred or is occurring.

28         (19)(17)  "Synergistic effects" means a scientific

29  principle that the toxicity that occurs as a result of

30  exposure is more than the sum of the toxicities of the

31  individual chemicals to which the individual is exposed.

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  1         Section 8.  Subsections (4) and (5) and paragraph (c)

  2  of subsection (7) of section 376.80, Florida Statutes, are

  3  amended to read:

  4         376.80  Brownfield program administration process.--

  5         (4)  Local governments or persons responsible for

  6  rehabilitation and redevelopment of brownfield areas must

  7  establish an advisory committee or use an existing advisory

  8  committee that has formally expressed its intent to address

  9  redevelopment of the specific brownfield area for the purpose

10  of improving public participation and receiving public

11  comments on rehabilitation and redevelopment of the brownfield

12  area, future land use, local employment opportunities,

13  community safety, and environmental justice. Such advisory

14  committee should include residents within or adjacent to the

15  brownfield area, businesses operating within the brownfield

16  area, and others deemed appropriate. The person responsible

17  for brownfield site rehabilitation must notify the advisory

18  committee of the intent to rehabilitate and redevelop the site

19  before executing the brownfield site rehabilitation agreement,

20  and provide the committee with a copy of the draft plan for

21  site rehabilitation which addresses elements required by

22  subsection (5). This includes disclosing potential reuse of

23  the property as well as site rehabilitation activities, if

24  any, to be performed. The advisory committee shall review the

25  proposed redevelopment agreement required pursuant to

26  paragraph (5)(i) and provide comments, if appropriate, to the

27  board of the local government with jurisdiction over the

28  brownfield area. The advisory committee must receive a copy of

29  the executed brownfield site rehabilitation agreement. When

30  the person responsible for brownfield site rehabilitation

31  submits a site assessment report or the technical document

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  1  containing the proposed course of action following site

  2  assessment to the department or the local pollution control

  3  program for review, the person responsible for brownfield site

  4  rehabilitation must hold a meeting or attend a regularly

  5  scheduled meeting to inform the advisory committee of the

  6  findings and recommendations in the site assessment report or

  7  the technical document containing the proposed course of

  8  action following site assessment.  The advisory committee must

  9  review and provide recommendations to the board of the local

10  government with jurisdiction on the proposed site

11  rehabilitation agreement provided in subsection (5).

12         (5)  The person responsible for brownfield site

13  rehabilitation must enter into a brownfield site

14  rehabilitation agreement with the department or an approved

15  local pollution control program if actual contamination exists

16  at the brownfield site. The brownfield site rehabilitation

17  agreement must include:

18         (a)  A brownfield site rehabilitation schedule,

19  including milestones for completion of site rehabilitation

20  tasks and submittal of technical reports and rehabilitation

21  plans as agreed upon by the parties to the agreement;

22         (b)  A commitment to conduct site rehabilitation

23  activities under the observation of professional engineers or

24  geologists who are registered in accordance with the

25  requirements of chapter 471 or chapter 492, respectively.

26  Submittals provided by the person responsible for brownfield

27  site rehabilitation must be signed and sealed by a

28  professional engineer registered under chapter 471, or a

29  professional geologist registered under chapter 492,

30  certifying that the submittal and associated work comply with

31  the law and rules of the department and those governing the

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  1  profession.  In addition, upon completion of the approved

  2  remedial action, the department shall require a professional

  3  engineer registered under chapter 471 or a professional

  4  geologist registered under chapter 492 to certify that the

  5  corrective action was, to the best of his or her knowledge,

  6  completed in substantial conformance with the plans and

  7  specifications approved by the department;

  8         (c)  A commitment to conduct site rehabilitation in

  9  accordance with an approved comprehensive quality assurance

10  plan under department rules;

11         (d)  A commitment to conduct site rehabilitation

12  consistent with state, federal, and local laws and consistent

13  with the brownfield site contamination cleanup criteria in s.

14  376.81, including any applicable requirements for risk-based

15  corrective action;

16         (e)  Timeframes for the department's review of

17  technical reports and plans submitted in accordance with the

18  agreement.  The department shall make every effort to adhere

19  to established agency goals for reasonable timeframes for

20  review of such documents;

21         (f)  A commitment to secure site access for the

22  department or approved local pollution control program to all

23  brownfield sites within the eligible brownfield area for

24  activities associated with site rehabilitation;

25         (g)  Other provisions that the person responsible for

26  brownfield site rehabilitation and the department agree upon,

27  that are consistent with ss. 376.77-376.85, and that will

28  improve or enhance the brownfield site rehabilitation process;

29         (h)  A commitment to consider appropriate pollution

30  prevention measures and to implement those that the person

31  responsible for brownfield site rehabilitation determines are

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  1  reasonable and cost-effective, taking into account the

  2  ultimate use or uses of the brownfield site.  Such measures

  3  may include improved inventory or production controls and

  4  procedures for preventing loss, spills, and leaks of hazardous

  5  waste and materials, and include goals for the reduction of

  6  releases of toxic materials; and

  7         (i)  Certification that an agreement exists between the

  8  person responsible for brownfield site rehabilitation and the

  9  local government with jurisdiction over the brownfield area.

10  Such agreement shall contain terms for the redevelopment of

11  the brownfield area.

12         (7)  The contractor must certify to the department that

13  the contractor:

14         (c)  Maintains comprehensive general liability and

15  comprehensive automobile liability insurance with minimum

16  limits of at least $1 million per claim occurrence and $1

17  million annual aggregate, sufficient to protect it from claims

18  for damage for personal injury, including accidental death, as

19  well as claims for property damage which may arise from

20  performance of work under the program, designating the state

21  as an additional insured party.

22         Section 9.  Section 376.81, Florida Statutes, is

23  amended to read:

24         376.81  Brownfield site and brownfield areas

25  contamination cleanup criteria.--

26         (1)  It is the intent of the Legislature to protect the

27  health of all people under actual circumstances of exposure.

28  By July 1, 2001 1998, the secretary of the department shall

29  establish criteria by rule for the purpose of determining, on

30  a site-specific basis, the rehabilitation program tasks that

31  comprise a site rehabilitation program and the level at which

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  1  a rehabilitation program task and a site rehabilitation

  2  program may be deemed completed.  In establishing the rule,

  3  the department shall apply incorporate, to the maximum extent

  4  feasible, a risk-based corrective action process principles to

  5  achieve protection of human health and safety and the

  6  environment in a cost-effective manner based on the principles

  7  set forth as provided in this subsection. The rule must

  8  prescribe a phased risk-based corrective action process that

  9  is iterative and that tailors site rehabilitation tasks to

10  site-specific conditions and risks. The department and the

11  person responsible for brownfield site rehabilitation are

12  encouraged to establish decision points at which risk

13  management decisions will be made. The department shall

14  provide an early decision, when requested, regarding

15  applicable exposure factors and a risk management approach

16  based on the current and future land use at the site. The rule

17  shall also include protocols for the use of natural

18  attenuation, the use of institutional and engineering

19  controls, and the issuance of "no further action" letters. The

20  criteria for determining what constitutes a rehabilitation

21  program task or completion of a site rehabilitation program

22  task or site rehabilitation program must:

23         (a)  Consider the current exposure and potential risk

24  of exposure to humans and the environment, including multiple

25  pathways of exposure.  The physical, chemical, and biological

26  characteristics of each contaminant must be considered in

27  order to determine the feasibility of risk-based corrective

28  action assessment.

29         (b)  Establish the point of compliance at the source of

30  the contamination.  However, the department is authorized to

31  temporarily move the point of compliance to the boundary of

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  1  the property, or to the edge of the plume when the plume is

  2  within the property boundary, while cleanup, including cleanup

  3  through natural attenuation processes in conjunction with

  4  appropriate monitoring, is proceeding.  The department also is

  5  authorized, pursuant to criteria provided for in this section,

  6  to temporarily extend the point of compliance beyond the

  7  property boundary with appropriate monitoring, if such

  8  extension is needed to facilitate natural attenuation or to

  9  address the current conditions of the plume, provided human

10  health, public safety, and the environment are protected.

11  When temporarily extending the point of compliance beyond the

12  property boundary, it cannot be extended further than the

13  lateral extent of the plume at the time of execution of the

14  brownfield site rehabilitation agreement, if known, or the

15  lateral extent of the plume as defined at the time of site

16  assessment. Temporary extension of the point of compliance

17  beyond the property boundary, as provided in this paragraph,

18  must include actual notice by the person responsible for

19  brownfield site rehabilitation to local governments and the

20  owners of any property into which the point of compliance is

21  allowed to extend and constructive notice to residents and

22  business tenants of the property into which the point of

23  compliance is allowed to extend. Persons receiving notice

24  pursuant to this paragraph shall have the opportunity to

25  comment within 30 days of receipt of the notice.

26         (c)  Ensure that the site-specific cleanup goal is that

27  all contaminated brownfield sites and brownfield areas

28  ultimately achieve the applicable cleanup target levels

29  provided in this section. In the circumstances provided below,

30  and after constructive notice and opportunity to comment

31  within 30 days from receipt of the notice to local government,

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  1  to owners of any property into which the point of compliance

  2  is allowed to extend, and to residents on any property into

  3  which the point of compliance is allowed to extend, the

  4  department may allow concentrations of contaminants to

  5  temporarily exceed the applicable cleanup target levels while

  6  cleanup, including cleanup through natural attenuation

  7  processes in conjunction with appropriate monitoring, is

  8  proceeding, if human health, public safety, and the

  9  environment are protected.

10         (d)  Allow brownfield site and brownfield area

11  rehabilitation programs to include the use of institutional or

12  engineering controls, where appropriate, to eliminate or

13  control the potential exposure to contaminants of humans or

14  the environment. The use of controls must be preapproved by

15  the department and only after constructive notice and

16  opportunity to comment within 30 days from receipt of notice

17  is provided to local governments, to owners of any property

18  into which the point of compliance is allowed to extend, and

19  to residents on any property into which the point of

20  compliance is allowed to extend. When institutional or

21  engineering controls are implemented to control exposure, the

22  removal of the controls must have prior department approval

23  and must be accompanied by the resumption of active cleanup,

24  or other approved controls, unless cleanup target levels under

25  this section have been achieved.

26         (e)  Consider the additive effects of contaminants.

27  The synergistic and antagonistic effects shall also be

28  considered when the scientific data become available.

29         (f)  Take into consideration individual site

30  characteristics, which shall include, but not be limited to,

31  the current and projected use of the affected groundwater and

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  1  surface water in the vicinity of the site, current and

  2  projected land uses of the area affected by the contamination,

  3  the exposed population, the degree and extent of

  4  contamination, the rate of contaminant migration, the apparent

  5  or potential rate of contaminant degradation through natural

  6  attenuation processes, the location of the plume, and the

  7  potential for further migration in relation to site property

  8  boundaries.

  9         (g)  Apply state water quality standards as follows:

10         1.  Cleanup target levels for each contaminant found in

11  groundwater shall be the applicable state water quality

12  standards.  Where such standards do not exist, the cleanup

13  target levels for groundwater shall be based on the minimum

14  criteria specified in department rule.  The department shall

15  apply consider the following, as appropriate, in establishing

16  the applicable cleanup target levels minimum criteria:

17  calculations using a lifetime cancer risk level of 1.0E-6; a

18  hazard index of 1 or less; the best achievable detection

19  limit; and the naturally occurring background concentration;

20  or nuisance, organoleptic, and aesthetic considerations.

21  However, the department shall not require site rehabilitation

22  to achieve a cleanup target level for any individual

23  contaminant which is more stringent than the site-specific,

24  naturally occurring background concentration for that

25  contaminant.

26         2.  Where surface waters are exposed to contaminated

27  groundwater, the cleanup target levels for the contaminants

28  shall be based on the more protective of the groundwater or

29  surface water standards as established by department rule.

30  The point of measuring compliance with the surface water

31

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  1  standards shall be in the groundwater immediately adjacent to

  2  the surface water body.

  3         3.  The department shall approve may set alternative

  4  cleanup target levels in conjunction with institutional and

  5  engineering controls, if needed, based upon an applicant's

  6  demonstration, using site-specific data, modeling results, and

  7  risk assessment studies, risk reduction techniques, or a

  8  combination thereof, that human health, public safety, and the

  9  environment are protected to the same degree as provided in

10  subparagraphs 1. and 2. Where a state water quality standard

11  is applicable, a deviation may not result in the application

12  of cleanup target levels more stringent than the standard.  In

13  determining whether it is appropriate to establish alternative

14  cleanup target levels at a site, the department must consider

15  the effectiveness of source removal, if any, which that has

16  been completed at the site and the practical likelihood of the

17  use of low yield or poor quality groundwater, the use of

18  groundwater near marine surface water bodies, the current and

19  projected use of the affected groundwater in the vicinity of

20  the site, or the use of groundwater in the immediate vicinity

21  of the contaminated area, where it has been demonstrated that

22  the groundwater contamination is not migrating away from such

23  localized source, provided human health, public safety, and

24  the environment are protected. When using alternative cleanup

25  target levels at a brownfield site, institutional controls

26  shall not be required if:

27         a.  The only cleanup target levels exceeded are the

28  groundwater cleanup target levels derived from nuisance,

29  organoleptic, or aesthetic considerations;

30

31

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  1         b.  Concentrations of all contaminants meet the state

  2  water quality standards or minimum criteria, based on

  3  protection of human health, provided in subparagraph 1.;

  4         c.  All of the groundwater cleanup target levels

  5  established pursuant to subparagraph 1. are met at the

  6  property boundary;

  7         d.  The person responsible for brownfield site

  8  rehabilitation has demonstrated that the contaminants will not

  9  migrate beyond the property boundary at concentrations

10  exceeding the groundwater cleanup target levels established

11  pursuant to subparagraph 1.;

12         e.  The property has access to and is using an offsite

13  water supply and no unplugged private wells are used for

14  domestic purposes; and

15         f.  The real property owner provides written acceptance

16  of the "no further action" proposal to the department or the

17  local pollution control program.

18         (h)  Provide for the department to issue a "no further

19  action order," with conditions, including, but not limited to,

20  the use of institutional or engineering controls where

21  appropriate, when alternative cleanup target levels

22  established pursuant to subparagraph (g)3. have been achieved,

23  or when the person responsible for brownfield site

24  rehabilitation can demonstrate that the cleanup target level

25  is unachievable within available technologies.  Prior to

26  issuing such an order, the department shall consider the

27  feasibility of an alternative site rehabilitation technology

28  in the brownfield area.

29         (i)  Establish appropriate cleanup target levels for

30  soils.

31

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  1         1.  In establishing soil cleanup target levels for

  2  human exposure to each contaminant found in soils from the

  3  land surface to 2 feet below land surface, the department

  4  shall apply consider the following, as appropriate:

  5  calculations using a lifetime cancer risk level of 1.0E-6; a

  6  hazard index of 1 or less; and the best achievable detection

  7  limit; or the naturally occurring background concentration.

  8  However, the department shall not require site rehabilitation

  9  to achieve a cleanup target level for an individual

10  contaminant which is more stringent than the site-specific,

11  naturally occurring background concentration for that

12  contaminant. Institutional controls or other methods shall be

13  used to prevent human exposure to contaminated soils more than

14  2 feet below the land surface.  Any removal of such

15  institutional controls shall require such contaminated soils

16  to be remediated.

17         2.  Leachability-based soil target levels shall be

18  based on protection of the groundwater cleanup target levels

19  or the alternate cleanup target levels for groundwater

20  established pursuant to this paragraph, as appropriate. Source

21  removal and other cost-effective alternatives that are

22  technologically feasible shall be considered in achieving the

23  leachability soil target levels established by the department.

24  The leachability goals shall not be applicable if the

25  department determines, based upon individual site

26  characteristics, and in conjunction with institutional and

27  engineering controls, if needed, that contaminants will not

28  leach into the groundwater at levels that which pose a threat

29  to human health, public safety, and the environment.

30         3.  The department shall approve may set alternative

31  cleanup target levels in conjunction with institutional and

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  1  engineering controls, if needed, based upon an applicant's

  2  demonstration, using site-specific data, modeling results, and

  3  risk assessment studies, risk reduction techniques, or a

  4  combination thereof, that human health, public safety, and the

  5  environment are protected to the same degree as provided in

  6  subparagraphs 1. and 2.

  7         (2)  The department shall require source removal, if

  8  warranted and cost-effective.  Once source removal at a site

  9  is complete, the department shall reevaluate the site to

10  determine the degree of active cleanup needed to continue.

11  Further, the department shall determine if the reevaluated

12  site qualifies for monitoring only or if no further action is

13  required to rehabilitate the site.  If additional site

14  rehabilitation is necessary to reach "no further action"

15  status, the department is encouraged to utilize natural

16  attenuation and monitoring where site conditions warrant.

17         (3)  The cleanup criteria established pursuant to this

18  section govern only site rehabilitation activities occurring

19  at the contaminated site. Removal of contaminated media from a

20  site for offsite relocation or treatment must be in accordance

21  with all applicable federal, state, and local laws and

22  regulations.

23         Section 10.  Paragraph (k) is added to subsection (2)

24  of section 376.82, Florida Statutes, to read:

25         376.82  Eligibility criteria and liability

26  protection.--

27         (2)  LIABILITY PROTECTION.--

28         (k)  A person whose property becomes contaminated due

29  to geophysical or hydrologic reasons, including the migration

30  of contaminants onto their property from the operation of

31  facilities and activities on a nearby designated brownfield

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  1  area, and whose property has never been occupied by a business

  2  that utilized or stored the contaminants or similar

  3  constituents is not subject to administrative or judicial

  4  action brought by or on behalf of another to compel the

  5  rehabilitation of or the payment of the costs for the

  6  rehabilitation of sites contaminated by materials that

  7  migrated onto the property from the designated brownfield

  8  area, if the person:

  9         1.  Does not own and has never held an ownership

10  interest in, or shared in the profits of, activities in the

11  designated brownfield area operated at the source location;

12         2.  Did not participate in the operation or management

13  of the activities in the designated brownfield area operated

14  at the source location; and

15         3.  Did not cause, contribute to, or exacerbate the

16  release or threat of release of any hazardous substance

17  through any act or omission.

18         Section 11.  Section 376.88, Florida Statutes, is

19  created to read:

20         376.88  Brownfield Program Review Advisory Council.--

21         (1)  The Brownfield Program Review Advisory Council is

22  created to provide for continuous review of the progress in

23  the administration of Florida's Brownfield Program and to make

24  recommendations for its improvement. The council shall consist

25  of the following:

26         (a)  A representative of a city that participated in

27  the pilot grant program for brownfields sponsored by the U.S.

28  Environmental Protection Agency;

29         (b)  A representative of a county that participated in

30  the pilot grant program for brownfields sponsored by the U.S.

31  Environmental Protection Agency;

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  1         (c)  A representative of a statewide business

  2  organization;

  3         (d)  A representative of Enterprise Florida, Inc.;

  4         (e)  A representative of response action contractor

  5  companies involved in activities at brownfield sites;

  6         (f)  The Secretary of the Department of Environmental

  7  Protection or his or her designee;

  8         (g)  The Secretary of the Department of Community

  9  Affairs or his or her designee;

10         (h)  The Director of the Office of Tourism, Trade, and

11  Economic Development in the Executive Office of the Governor;

12         (i)  A representative of a financial institution;

13         (j)  A representative of the Sierra Club; and

14         (k)  A representative of the Community Environmental

15  Health Advisory Board.

16         (2)  Duties and responsibilities.--The Brownfield

17  Program Review Advisory Council shall:

18         (a)  Perform a comprehensive review of activities

19  related to rehabilitation of brownfield areas;

20         (b)  Determine and recommend any additional economic

21  incentives that should be available to help accelerate

22  rehabilitation activities; and

23         (c)  Review the administrative processes for approving

24  and permitting rehabilitation activities by the Department of

25  Environmental Protection and local programs and make

26  recommendations for improvements in these processes.

27         (3)  The initial term for service of the council shall

28  be 2 years from the date of the first meeting and may be

29  extended at the discretion of the Secretary of Environmental

30  Protection, or his or her designee, based upon the needs of

31  the brownfields program.

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  1         (4)  Each member shall provide his or her own per diem

  2  and expenses for travel while carrying out the business of the

  3  council.

  4         (5)  The Secretary of the Department of Environmental

  5  Protection or his or her designee shall appoint the council

  6  members, serve as chairperson of the council, and convene the

  7  council on at least a semi-annual basis.

  8         (6)  The council shall submit a report to the

  9  Legislature as often as needed to address issues requiring

10  legislative changes or appropriations.

11         Section 12.  Paragraph (d) is added to subsection (3)

12  of section 403.973, Florida Statutes, to read:

13         403.973  Expedited permitting; comprehensive plan

14  amendments.--

15         (3)

16         (d)  Projects located in a designated brownfield area

17  are eligible for the expedited permitting process.

18         Section 13.  Subsection (1) of section 190.012, Florida

19  Statutes, is amended to read:

20         190.012  Special powers; public improvements and

21  community facilities.--The district shall have, and the board

22  may exercise, subject to the regulatory jurisdiction and

23  permitting authority of all applicable governmental bodies,

24  agencies, and special districts having authority with respect

25  to any area included therein, any or all of the following

26  special powers relating to public improvements and community

27  facilities authorized by this act:

28         (1)  To finance, fund, plan, establish, acquire,

29  construct or reconstruct, enlarge or extend, equip, operate,

30  and maintain systems, facilities, and basic infrastructures

31  for the following:

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  1         (a)  Water management and control for the lands within

  2  the district and to connect some or any of such facilities

  3  with roads and bridges.

  4         (b)  Water supply, sewer, and wastewater management,

  5  reclamation, and reuse or any combination thereof, and to

  6  construct and operate connecting intercepting or outlet sewers

  7  and sewer mains and pipes and water mains, conduits, or

  8  pipelines in, along, and under any street, alley, highway, or

  9  other public place or ways, and to dispose of any effluent,

10  residue, or other byproducts of such system or sewer system.

11         (c)  Bridges or culverts that may be needed across any

12  drain, ditch, canal, floodway, holding basin, excavation,

13  public highway, tract, grade, fill, or cut and roadways over

14  levees and embankments, and to construct any and all of such

15  works and improvements across, through, or over any public

16  right-of-way, highway, grade, fill, or cut.

17         (d)1.  District roads equal to or exceeding the

18  specifications of the county in which such district roads are

19  located, and street lights.

20         2.  Buses, trolleys, transit shelters, ridesharing

21  facilities and services, parking improvements, and related

22  signage.

23         (e)  Investigation and remediation costs associated

24  with the cleanup of actual or perceived environmental

25  contamination within the district under the supervision or

26  direction of a competent governmental authority unless the

27  covered costs benefit any person who is a landowner within the

28  district and who caused or contributed to the contamination.

29         (f)(e)  Conservation areas, mitigation areas, and

30  wildlife habitat, including the maintenance of any plant or

31

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  1  animal species, and any related interest in real or personal

  2  property.

  3         (g)(f)  Any other project within or without the

  4  boundaries of a district when a local government issued a

  5  development order pursuant to s. 380.06 or s. 380.061

  6  approving or expressly requiring the construction or funding

  7  of the project by the district, or when the project is the

  8  subject of an agreement between the district and a

  9  governmental entity and is consistent with the local

10  government comprehensive plan of the local government within

11  which the project is to be located.

12         Section 14.  Section 712.01, Florida Statutes, is

13  amended to read:

14         712.01  Definitions.--As used in this law:

15         (1)  The term "person" as used herein denotes singular

16  or plural, natural or corporate, private or governmental,

17  including the state and any political subdivision or agency

18  thereof as the context for the use thereof requires or denotes

19  and including any homeowners' association.

20         (2)  "Root of title" means any title transaction

21  purporting to create or transfer the estate claimed by any

22  person and which is the last title transaction to have been

23  recorded at least 30 years prior to the time when

24  marketability is being determined.  The effective date of the

25  root of title is the date on which it was recorded.

26         (3)  "Title transaction" means any recorded instrument

27  or court proceeding which affects title to any estate or

28  interest in land and which describes the land sufficiently to

29  identify its location and boundaries.

30         (4)  The term "homeowners' association" means a

31  homeowners' association as defined in s. 617.301(7), or an

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  1  association of parcel owners which is authorized to enforce

  2  use restrictions that are imposed on the parcels.

  3         (5)  The term "parcel" means real property which is

  4  used for residential purposes that is subject to exclusive

  5  ownership and which is subject to any covenant or restriction

  6  of a homeowners' association.

  7         (6)  The term "covenant or restriction" means any

  8  agreement or limitation contained in a document recorded in

  9  the public records of the county in which a parcel is located

10  which subjects the parcel to any use restriction which may be

11  enforced by a homeowners' association or which authorizes a

12  homeowners' association to impose a charge or assessment

13  against the parcel or the owner of the parcel or which may be

14  enforced by the Florida Department of Environmental Protection

15  pursuant to chapter 376 or chapter 403.

16         Section 15.  Section 712.03, Florida Statutes, is

17  amended to read:

18         712.03  Exceptions to marketability.--Such marketable

19  record title shall not affect or extinguish the following

20  rights:

21         (1)  Estates or interests, easements and use

22  restrictions disclosed by and defects inherent in the

23  muniments of title on which said estate is based beginning

24  with the root of title; provided, however, that a general

25  reference in any of such muniments to easements, use

26  restrictions or other interests created prior to the root of

27  title shall not be sufficient to preserve them unless specific

28  identification by reference to book and page of record or by

29  name of recorded plat be made therein to a recorded title

30  transaction which imposed, transferred or continued such

31

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  1  easement, use restrictions or other interests; subject,

  2  however, to the provisions of subsection (5).

  3         (2)  Estates, interests, claims, or charges, or any

  4  covenant or restriction, preserved by the filing of a proper

  5  notice in accordance with the provisions hereof.

  6         (3)  Rights of any person in possession of the lands,

  7  so long as such person is in such possession.

  8         (4)  Estates, interests, claims, or charges arising out

  9  of a title transaction which has been recorded subsequent to

10  the effective date of the root of title.

11         (5)  Recorded or unrecorded easements or rights,

12  interest or servitude in the nature of easements,

13  rights-of-way and terminal facilities, including those of a

14  public utility or of a governmental agency, so long as the

15  same are used and the use of any part thereof shall except

16  from the operation hereof the right to the entire use thereof.

17  No notice need be filed in order to preserve the lien of any

18  mortgage or deed of trust or any supplement thereto

19  encumbering any such recorded or unrecorded easements, or

20  rights, interest, or servitude in the nature of easements,

21  rights-of-way, and terminal facilities.  However, nothing

22  herein shall be construed as preserving to the mortgagee or

23  grantee of any such mortgage or deed of trust or any

24  supplement thereto any greater rights than the rights of the

25  mortgagor or grantor.

26         (6)  Rights of any person in whose name the land is

27  assessed on the county tax rolls for such period of time as

28  the land is so assessed and which rights are preserved for a

29  period of 3 years after the land is last assessed in such

30  person's name.

31

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  1         (7)  State title to lands beneath navigable waters

  2  acquired by virtue of sovereignty.

  3         (8)  A restriction or covenant recorded pursuant to

  4  chapter 376 or chapter 403.

  5         Section 16.  Subsections (4) and (7) of section 252.87,

  6  Florida Statutes, are amended to read:

  7         252.87  Supplemental state reporting requirements.--

  8         (4)  Each employer that owns or operates a facility in

  9  this state at which hazardous materials are present in

10  quantities at or above the thresholds established under ss.

11  311(b) and 312(b) of EPCRA shall comply with the reporting

12  requirements of ss. 311 and 312 of EPCRA. Such employer shall

13  also be responsible for notifying the department, the local

14  emergency planning committee, and the local fire department in

15  writing within 30 days if there is a discontinuance or

16  abandonment of the employer's business activities that could

17  affect any stored hazardous materials.

18         (7)  The department shall avoid duplicative reporting

19  requirements by utilizing the reporting requirements of other

20  state agencies that regulate hazardous materials to the extent

21  feasible and shall only request the necessary information

22  authorized required under EPCRA or required to implement the

23  fee provisions of this part. With the advice and consent of

24  the State Emergency Response Commission for Hazardous

25  Materials, the department may require by rule that the maximum

26  daily amount entry on the chemical inventory report required

27  under s. 312 of EPCRA provide for reporting in estimated

28  actual amounts. The department may also require by rule an

29  entry for the Federal Employer Identification Number on this

30  report. To the extent feasible, the department shall encourage

31  and accept required information in a form initiated through

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  1  electronic data interchange and shall describe by rule the

  2  format, manner of execution, and method of electronic

  3  transmission necessary for using such form. To the extent

  4  feasible, the Department of Insurance, the Department of

  5  Agriculture and Consumer Services, the Department of

  6  Environmental Protection, the Public Service Commission, the

  7  Department of Revenue, the Department of Labor and Employment

  8  Security, and other state agencies which regulate hazardous

  9  materials shall coordinate with the department in order to

10  avoid duplicative requirements contained in each agency's

11  respective reporting or registration forms. The other state

12  agencies that inspect facilities storing hazardous materials

13  and suppliers and distributors of covered substances shall

14  assist the department in informing the facility owner or

15  operator of the requirements of this part. The department

16  shall provide the other state agencies with the necessary

17  information and materials to inform the owners and operators

18  of the requirements of this part to ensure that the budgets of

19  these agencies are not adversely affected.

20         Section 17.  This act shall take effect upon becoming a

21  law.

22

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                          CS/CS/SB 1408

25

26  Clarifies who the eligible businesses are that qualify for the
    brownfield bonus and requires an eligible business to report
27  the amount of capital investment in a brownfield area and
    clarifies the rules and policies under which they are required
28  to report.

29  Provides a cap of $3 million of tax refund awards that may be
    made in any fiscal year for brownfield bonuses.
30
    Provides the Department of Community Affairs with the specific
31  authority necessary to implement a system to accept automated
    reports for the Hazardous Materials Planning Program.
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