Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 114
       
       
       
       
       
       
                                Barcode 206672                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/07/2009           .                                
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       The Committee on Education Pre-K - 12 (Sobel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 376.30702, Florida Statutes, is amended
    7  to read:
    8         376.30702 Contamination notification.—
    9         (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds
   10  and declares that when contamination is discovered by any person
   11  as a result of site rehabilitation activities conducted pursuant
   12  to the risk-based corrective action provisions found in s.
   13  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
   14  pursuant to an administrative or court order, it is in the
   15  public’s best interest that potentially affected persons be
   16  notified of the existence of such contamination. Therefore,
   17  persons discovering such contamination shall notify the
   18  department and those identified in this section of the such
   19  discovery in accordance with the requirements of this section,
   20  and the department shall be responsible for notifying the
   21  affected public. The Legislature intends for the provisions of
   22  this section to govern the notice requirements for early
   23  notification of the discovery of contamination.
   24         (2)(a) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
   25  BOUNDARIES.—If at any time during site rehabilitation conducted
   26  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
   27  376.30701, or an administrative or court order, the person
   28  responsible for site rehabilitation, the person’s authorized
   29  agent, or another representative of the person discovers from
   30  laboratory analytical results that comply with appropriate
   31  quality assurance protocols specified in department rules that
   32  contamination as defined in applicable department rules exists
   33  in any groundwater, surface water, or soil medium beyond the
   34  boundaries of the property at which site rehabilitation was
   35  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
   36  or s. 376.30701, or which threatens a release of the
   37  contamination beyond the boundaries of the property, the person
   38  responsible for site rehabilitation shall give actual notice as
   39  soon as possible, but no later than 10 days from such discovery,
   40  to the Division of Waste Management at the department’s
   41  Tallahassee office. The actual notice shall be provided on a
   42  form adopted by department rule and mailed by certified mail,
   43  return receipt requested.
   44         1. The person responsible for site rehabilitation shall
   45  simultaneously provide mail a copy of the such notice to:
   46         a. The appropriate department district office; and,
   47         b.The appropriate county health department.,
   48         2.The department shall notify:
   49         a.The mayor, the chair of the county commission, or the
   50  comparable senior elected official representing the affected
   51  area;
   52         b.The city manager, the county administrator, or the
   53  comparable senior elected official representing the affected
   54  area;
   55         c.The state senator and state representative representing
   56  the affected area, both United States Senators, and the United
   57  States Congressmen representing the affected areas; and
   58         d.All real property owners, presidents and board members
   59  of any condominium associations or sole owners of condominiums,
   60  lessees, and tenants of record of the property at which site
   61  rehabilitation is being conducted, if different from the person
   62  responsible for site rehabilitation, and all real property
   63  owners, lessees, and tenants of any properties within a 1,000
   64  foot radius of each sampling point at which contamination is
   65  discovered and all known lessees and tenants of the source
   66  property.
   67  
   68  The department’s notice requirement in subparagraph 2. for site
   69  rehabilitation, pursuant to the risk-based corrective action
   70  provisions found in s. 376.3071, s. 376.3078, or s. 376.81, are
   71  applicable only for any properties within a 250-foot radius of
   72  each sampling point at which contamination is discovered.
   73         (b) The notice shall include the following information:
   74         1.(a) The location of the property at which site
   75  rehabilitation was initiated pursuant to s. 376.3071(5), s.
   76  376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
   77  court order and contact information for the person responsible
   78  for site rehabilitation, the person’s authorized agent, or
   79  another representative of the person.
   80         2.(b) A listing of all record owners of any real property,
   81  other than the property at which site rehabilitation was
   82  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
   83  or s. 376.30701, at which contamination has been discovered; the
   84  parcel identification number for any such real property; the
   85  owner’s address listed in the current county property tax office
   86  records; and the owner’s telephone number. The requirements of
   87  this paragraph do not apply to the notice to known tenants and
   88  lessees of the source property.
   89         3.(c) Separate tables for by medium, such as groundwater,
   90  soil, or surface water which, or sediment, that list sampling
   91  locations identified on the vicinity map as provided in
   92  subparagraph 4.; sampling dates; names of contaminants detected
   93  above cleanup target levels; their corresponding cleanup target
   94  levels; the contaminant concentrations; and whether the cleanup
   95  target level is based on health, nuisance, organoleptic, and or
   96  aesthetic concerns.
   97         4.(d) A vicinity map that shows each sampling location with
   98  corresponding laboratory analytical results pursuant to
   99  subparagraph 3. and the date on which the sample was collected
  100  and that identifies the property boundaries of the property at
  101  which site rehabilitation was initiated pursuant to s.
  102  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an
  103  administrative or court order and any the other properties at
  104  which contamination has been discovered during such site
  105  rehabilitation.
  106         (c)The notice provided to local government officials must
  107  be mailed by certified mail, return receipt requested, and must
  108  advise the local government of its responsibilities under
  109  subsection (3). Copies of the notices and receipts shall be
  110  provided to the department as proof of compliance with this
  111  subsection.
  112         (d)The notice provided to real property owners, lessees,
  113  and tenants may be delivered by certified mail, return receipt
  114  requested, by hand delivery, or by door-hanger.
  115         (3)LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—Within 30
  116  days after receiving the actual notice required under subsection
  117  (2), the local government shall mail a copy of the notice to the
  118  president or comparable executive officer of each homeowners’
  119  association or neighborhood association within the potentially
  120  affected area as described in subsection (2).
  121         (4)(3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
  122         (a) Within 30 days after receiving the actual notice
  123  required under pursuant to subsection (2), or within 30 days of
  124  the effective date of this act if the department already
  125  possesses information equivalent to that required by the notice,
  126  the department shall verify that the person responsible for site
  127  rehabilitation has complied with the notice requirements of this
  128  section send a copy of such notice, or an equivalent
  129  notification, to all record owners of any real property, other
  130  than the property at which site rehabilitation was initiated
  131  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
  132  376.30701, at which contamination has been discovered. If the
  133  person responsible for site rehabilitation has not complied with
  134  the notice requirements of this section, the department may
  135  pursue enforcement as provided under this chapter and chapter
  136  403.
  137         (b) If the property at which contamination has been
  138  discovered is the site of a school as defined in s. 1003.01, the
  139  department shall mail also send a copy of the notice to the
  140  superintendent chair of the school board of the school district
  141  in which the property is located and direct the superintendent
  142  said school board to provide actual notice annually to teachers
  143  and parents or guardians of students attending the school during
  144  the period of site rehabilitation.
  145         (c)If the property at which contamination has been
  146  discovered is the site of a private K-12 school or a child care
  147  facility as defined in s. 402.302, the department shall mail a
  148  copy of the notice to the governing board, principal, or owner
  149  of the school or child care facility and direct the governing
  150  board, principal, or owner to provide actual notice annually to
  151  teachers and parents or guardians of students or children
  152  attending the school or child care facility during the period of
  153  site rehabilitation.
  154         (d)If any property within a 1-mile radius of the property
  155  at which contamination has been discovered is the site of a
  156  school as defined in s. 1003.01, the department shall mail a
  157  copy of the notice to the superintendent of the school district
  158  in which the property is located and direct the superintendent
  159  to provide actual notice annually to the principal of the
  160  school.
  161         (e)If any property within a 250-foot radius of the
  162  property at which site rehabilitation was initiated pursuant to
  163  s. 376.3071, s. 376.3078 or s. 376.81, is the site of a school
  164  as defined in s. 1003.01, the department shall mail a copy of
  165  the notice to the superintendent of the school district in which
  166  the property is located and direct the superintendent to provide
  167  actual notice annually to the principal of the school.
  168         (f) Along with the copy of the notice or its equivalent,
  169  the department shall include a letter identifying sources of
  170  additional information about the contamination and a telephone
  171  number to which further inquiries should be directed. The
  172  department may collaborate with the Department of Health to
  173  develop such sources of information and to establish procedures
  174  for responding to public inquiries about health risks associated
  175  with contaminated sites.
  176         (5)(4) RULEMAKING AUTHORITY.—The department shall adopt
  177  rules and forms pursuant to ss. 120.536(1) and 120.54 to
  178  implement the requirements of this section and shall recover the
  179  costs of postage, materials, and labor associated with
  180  notification from the responsible party.
  181         Section 2. Section 376.30717, Florida Statutes, is created
  182  to read:
  183         376.30717Advisory board.—
  184         (1)There is created the Petroleum Restoration Program
  185  Advisory Board. The board shall report to the secretary and the
  186  Legislature regarding improvements to the Petroleum Restoration
  187  Program which has a goal of reducing costs and increasing site
  188  cleanups by 10 percent per year and achieving the restoration of
  189  all sites in the program by the year 2025.
  190         (2)The board shall consist of seven members.
  191         (a)The President of the Senate and the Speaker of the
  192  House of Representatives shall each appoint one member who
  193  possesses knowledge, skill, and experience in the areas of
  194  geology or insurance.
  195         (b)The Secretary of Environmental Protection shall appoint
  196  five members as follows:
  197         1.Four members nominated by the Florida Petroleum
  198  Marketers and Convenience Store Association; and
  199         2.One member nominated by the Florida Petroleum Council.
  200         (3)Each member of the board shall be appointed to a 3-year
  201  term. At the outset, two members shall be appointed to an
  202  initial term of 1 year, two members shall be appointed to an
  203  initial term of 2 years, and three members shall be appointed to
  204  an initial term of 3 years as determined by lot at the first
  205  meeting of the board.
  206         (a)If a vacancy on the board occurs before the expiration
  207  of a term, a successor shall be appointed for the remainder of
  208  the unexpired term.
  209         (b)A member may not be appointed for more than two
  210  consecutive terms.
  211         (4)Board members may not be compensated for their services
  212  and are not entitled to reimbursement for per diem and travel
  213  expenses in accordance with s. 112.061.
  214         (5)The board shall annually elect from among its members a
  215  chair and vice chair. The board shall meet at the chair’s
  216  discretion; however, at least four meetings must be held per
  217  year. Official meetings of the board may be conducted via
  218  teleconference.
  219         (a)A majority of the members of the board constitute a
  220  quorum, and action by a majority of a quorum is necessary for
  221  the board to take any official action.
  222         (b)All meetings of the board must be open and available to
  223  the public in accordance s. 286.011.
  224         (6)Semiannually, the secretary, or a designee, shall meet
  225  with the board to review the status of the Petroleum Restoration
  226  Program, the statutes or rules that hinder the program, the
  227  funding strategies, the program-staffing strategies, site
  228  ranking strategies, and other strategies to improve the quality
  229  and cost-effectiveness of the program.
  230         (7)The board shall prepare an annual report on the
  231  Petroleum Restoration Program which summarizes all areas
  232  reviewed by the board. The areas of the board’s review shall
  233  include, but are not limited to:
  234         (a)The department’s Preapproval Standard Operating
  235  Procedures Guidelines Manual, as well as proposed program rules
  236  potentially impacting petroleum site owners, operators, or
  237  environmental contractors and methods of improvement.
  238         (b)Issues affecting the quality and cost of site
  239  assessments and restoration.
  240         (c)Program productivity and efficiency.
  241         (d)The adequacy of supporting program policies, with the
  242  goal of increasing the number of site-completion orders issued
  243  by 10 percent annually.
  244         (8)The board shall submit its report to the secretary, the
  245  President of the Senate, and the Speaker of the House of
  246  Representatives by January 31 of each year.
  247         Section 3. This act shall take effect July 1, 2009.
  248  
  249  ================= T I T L E  A M E N D M E N T ================
  250         And the title is amended as follows:
  251         Delete everything before the enacting clause
  252  and insert:
  253                        A bill to be entitled                      
  254         An act relating to environmental cleanup; amending s.
  255         376.30702, F.S.; revising contamination notification
  256         provisions; requiring individuals responsible for site
  257         rehabilitation to provide notice of site
  258         rehabilitation to specified entities; revising
  259         provisions relating to the content and delivery of
  260         such notice; requiring local governments to provide
  261         specified notice of site rehabilitation; requiring the
  262         Department of Environmental Protection to verify
  263         compliance with notice requirements; authorizing the
  264         department to pursue enforcement measures for
  265         noncompliance with notice requirements; requiring the
  266         department to provide specified notice to certain
  267         property owners; revising the department’s
  268         contamination notification requirements for certain
  269         public schools; requiring the department to provide
  270         specified notice to private K-12 schools and child
  271         care facilities; requiring the department to provide
  272         specified notice to public schools within a specified
  273         area; providing notice requirements; creating s.
  274         376.30717, F.S.; creating the Petroleum Restoration
  275         Program Advisory Board; providing for membership,
  276         terms of service, appointment of a chair and vice
  277         chair, reimbursement for expenses, and meetings;
  278         requiring the board to review the Petroleum
  279         Restoration Program; requiring an annual report to the
  280         Secretary of Environmental Protection and the
  281         Legislature; providing for the content of the report;
  282         providing an effective date.