Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 389
       
       
       
       
       
       
                                Barcode 553024                          
       
                              LEGISLATIVE ACTION                        
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 121 and 122
    4  insert:
    5         Section 4. Paragraph (b) of subsection (11) of section
    6  376.3071, Florida Statutes, is amended to read:
    7         376.3071 Inland Protection Trust Fund; creation; purposes;
    8  funding.—
    9         (11)
   10         (b) Low-scored site initiative.—Notwithstanding s.
   11  376.30711, any site with a priority ranking score of 10 points
   12  or less may voluntarily participate in the low-scored site
   13  initiative, whether or not the site is eligible for state
   14  restoration funding.
   15         1. To participate in the low-scored site initiative, the
   16  responsible party or property owner must affirmatively
   17  demonstrate that the following conditions are met:
   18         a. Upon reassessment pursuant to department rule, the site
   19  retains a priority ranking score of 10 points or less.
   20         b. No excessively contaminated soil, as defined by
   21  department rule, exists onsite as a result of a release of
   22  petroleum products.
   23         c. A minimum of 6 months of groundwater monitoring
   24  indicates that the plume is shrinking or stable.
   25         d. The release of petroleum products at the site does not
   26  adversely affect adjacent surface waters, including their
   27  effects on human health and the environment.
   28         e. The area of groundwater containing the petroleum
   29  products’ chemicals of concern is less than one-quarter acre and
   30  is confined to the source property boundaries of the real
   31  property on which the discharge originated.
   32         f. Soils onsite that are subject to human exposure found
   33  between land surface and 2 feet below land surface meet the soil
   34  cleanup target levels established by department rule or human
   35  exposure is limited by appropriate institutional or engineering
   36  controls.
   37         2. Upon affirmative demonstration of the conditions under
   38  subparagraph 1., the department shall issue a determination of
   39  “No Further Action.” Such determination acknowledges that
   40  minimal contamination exists onsite and that such contamination
   41  is not a threat to human health or the environment. If no
   42  contamination is detected, the department may issue a site
   43  rehabilitation completion order.
   44         3. Sites that are eligible for state restoration funding
   45  may receive payment of preapproved costs for the low-scored site
   46  initiative as follows:
   47         a. A responsible party or property owner may submit an
   48  assessment plan designed to affirmatively demonstrate that the
   49  site meets the conditions under subparagraph 1. Notwithstanding
   50  the priority ranking score of the site, the department may
   51  preapprove the cost of the assessment pursuant to s. 376.30711,
   52  including 6 months of groundwater monitoring, not to exceed
   53  $30,000 for each site. The department may not pay the costs
   54  associated with the establishment of institutional or
   55  engineering controls.
   56         b. The assessment work shall be completed no later than 6
   57  months after the department issues its approval.
   58         c. No more than $10 million for the low-scored site
   59  initiative shall be encumbered from the Inland Protection Trust
   60  Fund in any fiscal year. Funds shall be made available on a
   61  first-come, first-served basis and shall be limited to 10 sites
   62  in each fiscal year for each responsible party or property
   63  owner.
   64         d. Program deductibles, copayments, and the limited
   65  contamination assessment report requirements under paragraph
   66  (13)(c) do not apply to expenditures under this paragraph.
   67  
   68  
   69  ================= T I T L E  A M E N D M E N T ================
   70         And the title is amended as follows:
   71         Delete line 25
   72  and insert:
   73         permit; amending s. 376.3071, F.S.; exempting program
   74         deductibles, copayments, and certain assessment report
   75         requirements from expenditures under the low-scored
   76         site initiative; providing an effective date.