Senate Bill sb0592

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    Florida Senate - 2007                                   SB 592

    By Senator Saunders





    37-632-07

  1                      A bill to be entitled

  2         An act relating to petroleum cleanup; amending

  3         s. 376.30713, F.S.; eliminating obsolete

  4         provisions that require the Department of

  5         Environmental Protection to report on

  6         preapproved advanced cleanup projects;

  7         providing an effective date.

  8  

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

10  

11         Section 1.  Section 376.30713, Florida Statutes, is

12  amended to read:

13         376.30713  Preapproved advanced cleanup.--

14         (1)  In addition to the legislative findings provided

15  in s. 376.30711, the Legislature finds and declares:

16         (a)  That the inability to conduct site rehabilitation

17  in advance of a site's priority ranking pursuant to s.

18  376.3071(5)(a) may substantially impede or prohibit property

19  transactions or the proper completion of public works

20  projects.

21         (b)  While the first priority of the state is to

22  provide for protection of the water resources of the state,

23  human health, and the environment, the viability of commerce

24  is of equal importance to the state.

25         (c)  It is in the public interest and of substantial

26  economic benefit to the state to provide an opportunity for

27  site rehabilitation to be conducted on a limited basis at

28  contaminated sites, in advance of the site's priority ranking,

29  to facilitate property transactions or public works projects.

30         (d)  It is appropriate for persons responsible for site

31  rehabilitation to share the costs associated with managing and

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    Florida Senate - 2007                                   SB 592
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 1  conducting preapproved advanced cleanup, to facilitate the

 2  opportunity for preapproved advanced cleanup, and to mitigate

 3  the additional costs that will be incurred by the state in

 4  conducting site rehabilitation in advance of the site's

 5  priority ranking.  Such cost sharing will result in more

 6  contaminated sites being cleaned up and greater environmental

 7  benefits to the state. The provisions of this section shall

 8  only be available for sites eligible for restoration funding

 9  under EDI, ATRP, or PLIRP. This section is available for

10  discharges eligible for restoration funding under the

11  petroleum cleanup participation program for the state's cost

12  share of site rehabilitation. Applications shall include a

13  cost-sharing commitment for this section in addition to the

14  25-percent-copayment requirement of the petroleum cleanup

15  participation program. This section is not available for any

16  discharge under a petroleum cleanup participation program

17  where the 25-percent-copayment requirement of the petroleum

18  cleanup participation program has been reduced or eliminated

19  pursuant to s. 376.3071(13)(c).

20         (2)  The department is authorized to approve an

21  application for preapproved advanced cleanup at eligible

22  sites, prior to funding based on the site's priority ranking

23  established pursuant to s. 376.3071(5)(a), in accordance with

24  the provisions of this section.  Persons who qualify as an

25  applicant under the provisions of this section shall only

26  include the facility owner or operator or the person otherwise

27  responsible for site rehabilitation.

28         (a)  Preapproved advanced cleanup applications may be

29  submitted between May 1 and June 30 and between November 1 and

30  December 31 of each fiscal year.  Applications submitted

31  

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    Florida Senate - 2007                                   SB 592
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 1  between May 1 and June 30 shall be for the fiscal year

 2  beginning July 1. An application shall consist of:

 3         1.  A commitment to pay no less than 25 percent of the

 4  total cleanup cost deemed recoverable under the provisions of

 5  this section along with proof of the ability to pay the cost

 6  share.

 7         2.  A nonrefundable review fee of $250 to cover the

 8  administrative costs associated with the department's review

 9  of the application.

10         3.  A limited contamination assessment report.

11         4.  A proposed course of action.

12  

13  The limited contamination assessment report shall be

14  sufficient to support the proposed course of action and to

15  estimate the cost of the proposed course of action.  Any costs

16  incurred related to conducting the limited contamination

17  assessment report are not refundable from the Inland

18  Protection Trust Fund. Site eligibility under this subsection,

19  or any other provision of this section, shall not constitute

20  an entitlement to preapproved advanced cleanup or continued

21  restoration funding.  The applicant shall certify to the

22  department that the applicant has the prerequisite authority

23  to enter into a preapproved advanced cleanup contract with the

24  department.  This certification shall be submitted with the

25  application.

26         (b)  The department shall rank the applications based

27  on the percentage of cost-sharing commitment proposed by the

28  applicant, with the highest ranking given to the applicant

29  that proposes the highest percentage of cost sharing.  If the

30  department receives applications that propose identical

31  cost-sharing commitments and which exceed the funds available

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    Florida Senate - 2007                                   SB 592
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 1  to commit to all such proposals during the preapproved

 2  advanced cleanup application period, the department shall

 3  proceed to rerank those applicants.  Those applicants

 4  submitting identical cost-sharing proposals which exceed

 5  funding availability shall be so notified by the department

 6  and shall be offered the opportunity to raise their individual

 7  cost-share commitments, in a period of time specified in the

 8  notice.  At the close of the period, the department shall

 9  proceed to rerank the applications in accordance with this

10  paragraph.

11         (3)(a)  Based on the ranking established under

12  paragraph (2)(b) and the funding limitations provided in

13  subsection (4), the department shall commence negotiation with

14  such applicants.  If the department and the applicant agree on

15  the course of action, the department may enter into a contract

16  with the applicant.  The department is authorized to negotiate

17  the terms and conditions of the contract.

18         (b)  Preapproved advanced cleanup shall be conducted

19  under the provisions of ss. 376.3071(5)(b) and 376.30711.  If

20  the terms of the preapproved advanced cleanup contract are not

21  fulfilled, the applicant forfeits any right to future payment

22  for any site rehabilitation work conducted under the contract.

23         (c)  The department's decision not to enter into a

24  preapproved advanced cleanup contract with the applicant shall

25  not be subject to the provisions of chapter 120.  If the

26  department is not able to complete negotiation of the course

27  of action and the terms of the contract within 60 days after

28  commencing negotiations, the department shall terminate

29  negotiations with that applicant.

30         (4)  The department is authorized to enter into

31  contract for a total of up to $10 million of preapproved

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    Florida Senate - 2007                                   SB 592
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 1  advanced cleanup work in each fiscal year.  However, no

 2  facility shall be preapproved for more than $500,000 of

 3  cleanup activity in each fiscal year.  For the purposes of

 4  this section the term "facility" shall include, but not be

 5  limited to, multiple site facilities such as airports, port

 6  facilities, and terminal facilities even though such

 7  enterprises may be treated as separate facilities for other

 8  purposes under this chapter.

 9         (5)  By December 31, 1998, the department shall submit

10  a report to the Governor, the President of the Senate, and the

11  Speaker of the House of Representatives on the progress and

12  level of activity under the provisions of this section.  The

13  report shall include the following information:

14         (a)  A list of sites under a preapproved advanced

15  cleanup contract, to be identified by the facility number.

16         (b)  The total number of preapproved advanced cleanup

17  applications submitted to the department.

18         (c)  The priority ranking scores of each participating

19  site.

20         (d)  The total amount of contract work authorized and

21  conducted for each site and the percentage and amount of cost

22  share.

23         (e)  The total revenues received under the provisions

24  of this section.

25         (f)  The annual costs of administering the provisions

26  of this section.

27         (g)  The recommended annual budget for the provisions

28  of this section.

29         (5)(6)  All funds collected by the department pursuant

30  to this section shall be deposited into the Inland Protection

31  Trust Fund to be used as provided in this section.

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    Florida Senate - 2007                                   SB 592
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 1         Section 2.  This act shall take effect upon becoming a

 2  law.

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 5                          SENATE SUMMARY

 6    Eliminates obsolete provisions that require the
      Department of Environmental Protection to report on
 7    preapproved advanced cleanup projects.

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