Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 314
       
       
       
       
       
       
                                Ì307032oÎ307032                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2015           .                                
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       The Committee on Environmental Preservation and Conservation
       (Simpson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 376.305, Florida
    6  Statutes, is amended to read:
    7         376.305 Removal of prohibited discharges.—
    8         (6) The Legislature created the Abandoned Tank Restoration
    9  Program in response to the need to provide financial assistance
   10  for cleanup of sites that have abandoned petroleum storage
   11  systems. For purposes of this subsection, the term “abandoned
   12  petroleum storage system” means a petroleum storage system that
   13  has not stored petroleum products for consumption, use, or sale
   14  since March 1, 1990. The department shall establish the
   15  Abandoned Tank Restoration Program to facilitate the restoration
   16  of sites contaminated by abandoned petroleum storage systems.
   17         (a) To be included in the program:
   18         1. An application must be submitted to the department by
   19  June 30, 1996, certifying that the system has not stored
   20  petroleum products for consumption, use, or sale at the facility
   21  since March 1, 1990.
   22         2. The owner or operator of the petroleum storage system
   23  when it was in service must have ceased conducting business
   24  involving consumption, use, or sale of petroleum products at
   25  that facility on or before March 1, 1990.
   26         3. The site is not otherwise eligible for the cleanup
   27  programs pursuant to s. 376.3071 or s. 376.3072.
   28         (b) In order to be eligible for the program, petroleum
   29  storage systems from which a discharge occurred must be closed
   30  pursuant to department rules before an eligibility
   31  determination. However, if the department determines that the
   32  owner of the facility cannot financially comply with the
   33  department’s petroleum storage system closure requirements and
   34  all other eligibility requirements are met, the petroleum
   35  storage system closure requirements shall be waived. The
   36  department shall take into consideration the owner’s net worth
   37  and the economic impact on the owner in making the determination
   38  of the owner’s financial ability. The June 30, 1996, application
   39  deadline shall be waived for owners who cannot financially
   40  comply.
   41         (c) Sites accepted in the program are eligible for site
   42  rehabilitation funding as provided in s. 376.3071.
   43         (d) The following sites are excluded from eligibility:
   44         1. Sites on property of the Federal Government;
   45         2. Sites contaminated by pollutants that are not petroleum
   46  products;
   47         3. Sites where the department has been denied site access;
   48  or
   49         4. Sites which are owned by a person who had knowledge of
   50  the polluting condition when title was acquired unless the
   51  person acquired title to the site after issuance of a notice of
   52  site eligibility by the department.
   53         (e) Participating sites are subject to a deductible as
   54  determined by rule, not to exceed $10,000.
   55  
   56  This subsection does not relieve a person who has acquired title
   57  after July 1, 1992, from the duty to establish by a
   58  preponderance of the evidence that he or she undertook, at the
   59  time of acquisition, all appropriate inquiry into the previous
   60  ownership and use of the property consistent with good
   61  commercial or customary practice in an effort to minimize
   62  liability, as required by s. 376.308(1)(c).
   63         Section 2. Paragraph (b) of subsection (5), paragraph (d)
   64  of subsection (6), paragraph (b) of subsection (12), and
   65  subsection (13) of section 376.3071, Florida Statutes, are
   66  amended, and paragraphs (n) and (o) are added to subsection (6)
   67  of that section, to read:
   68         376.3071 Inland Protection Trust Fund; creation; purposes;
   69  funding.—
   70         (5) SITE SELECTION AND CLEANUP CRITERIA.—
   71         (b) It is the intent of the Legislature to protect the
   72  health of all people under actual circumstances of exposure. The
   73  secretary shall establish criteria by rule for the purpose of
   74  determining, on a site-specific basis, the rehabilitation
   75  program tasks that comprise a site rehabilitation program and
   76  the level at which a rehabilitation program task and a site
   77  rehabilitation program are completed. In establishing the rule,
   78  the department shall incorporate, to the maximum extent
   79  feasible, risk-based corrective action principles approved by
   80  the property owner to achieve protection of the public health,
   81  safety, and welfare, water resources, and the environment in a
   82  cost-effective manner as provided in this subsection. Criteria
   83  for determining what constitutes a rehabilitation program task
   84  or completion of site rehabilitation program tasks and site
   85  rehabilitation programs shall be based upon the factors set
   86  forth in paragraph (a) and the following additional factors:
   87         1. The current exposure and potential risk of exposure to
   88  humans and the environment including multiple pathways of
   89  exposure.
   90         2. The appropriate point of compliance with cleanup target
   91  levels for petroleum products’ chemicals of concern. The point
   92  of compliance shall be at the source of the petroleum
   93  contamination. However, the department may temporarily move the
   94  point of compliance to the boundary of the property, or to the
   95  edge of the plume when the plume is within the property
   96  boundary, while cleanup, including cleanup through natural
   97  attenuation processes in conjunction with appropriate
   98  monitoring, is proceeding. The department may also, pursuant to
   99  criteria provided for in this paragraph, temporarily extend the
  100  point of compliance beyond the property boundary with
  101  appropriate monitoring, if such extension is needed to
  102  facilitate natural attenuation or to address the current
  103  conditions of the plume, if the public health, safety, and
  104  welfare, water resources, and the environment are adequately
  105  protected. Temporary extension of the point of compliance beyond
  106  the property boundary, as provided in this subparagraph, must
  107  include notice to local governments and owners of any property
  108  into which the point of compliance is allowed to extend.
  109         3. The appropriate site-specific cleanup goal. The site
  110  specific cleanup goal shall be that all petroleum contamination
  111  sites ultimately achieve the applicable cleanup target levels
  112  provided in this paragraph. However, the department may allow
  113  concentrations of the petroleum products’ chemicals of concern
  114  to temporarily exceed the applicable cleanup target levels while
  115  cleanup, including cleanup through natural attenuation processes
  116  in conjunction with appropriate monitoring, is proceeding, if
  117  the public health, safety, and welfare, water resources, and the
  118  environment are adequately protected.
  119         4. The appropriateness of using institutional or
  120  engineering controls. Site rehabilitation programs may include
  121  the use of institutional or engineering controls to eliminate
  122  the potential exposure to petroleum products’ chemicals of
  123  concern to humans or the environment. Use of such controls must
  124  have prior department approval and may not be acquired with
  125  moneys from the fund. When institutional or engineering controls
  126  are implemented to control exposure, the removal of such
  127  controls must have prior department approval and must be
  128  accompanied immediately by the resumption of active cleanup or
  129  other approved controls unless cleanup target levels pursuant to
  130  this paragraph have been achieved. Beginning July 1, 2013, site
  131  rehabilitation for a site that qualifies for a conditional
  132  closure or closure with institutional or engineering controls
  133  that require deed restrictions or a work stoppage not due to
  134  insufficient funds may be implemented only with the approval of
  135  the property owner.
  136         5. The additive effects of the petroleum products’
  137  chemicals of concern. The synergistic effects of petroleum
  138  products’ chemicals of concern must also be considered when the
  139  scientific data becomes available.
  140         6. Individual site characteristics which must include, but
  141  not be limited to, the current and projected use of the affected
  142  groundwater in the vicinity of the site, current and projected
  143  land uses of the area affected by the contamination, the exposed
  144  population, the degree and extent of contamination, the rate of
  145  contaminant migration, the apparent or potential rate of
  146  contaminant degradation through natural attenuation processes,
  147  the location of the plume, and the potential for further
  148  migration in relation to site property boundaries.
  149         7. Applicable state water quality standards.
  150         a. Cleanup target levels for petroleum products’ chemicals
  151  of concern found in groundwater shall be the applicable state
  152  water quality standards. Where such standards do not exist, the
  153  cleanup target levels for groundwater shall be based on the
  154  minimum criteria specified in department rule. The department
  155  shall consider the following, as appropriate, in establishing
  156  the applicable minimum criteria: calculations using a lifetime
  157  cancer risk level of 1.0E-6; a hazard index of 1 or less; the
  158  best achievable detection limit; the naturally occurring
  159  background concentration; or nuisance, organoleptic, and
  160  aesthetic considerations.
  161         b. Where surface waters are exposed to petroleum
  162  contaminated groundwater, the cleanup target levels for the
  163  petroleum products’ chemicals of concern shall be based on the
  164  surface water standards as established by department rule. The
  165  point of measuring compliance with the surface water standards
  166  shall be in the groundwater immediately adjacent to the surface
  167  water body.
  168         8. Whether deviation from state water quality standards or
  169  from established criteria is appropriate. The department may
  170  issue a “No Further Action Order” based upon the degree to which
  171  the desired cleanup target level is achievable and can be
  172  reasonably and cost-effectively implemented within available
  173  technologies or engineering and institutional control
  174  strategies. Where a state water quality standard is applicable,
  175  a deviation may not result in the application of cleanup target
  176  levels more stringent than the standard. In determining whether
  177  it is appropriate to establish alternate cleanup target levels
  178  at a site, the department may consider the effectiveness of
  179  source removal that has been completed at the site and the
  180  practical likelihood of the use of low yield or poor quality
  181  groundwater; the use of groundwater near marine surface water
  182  bodies; the current and projected use of the affected
  183  groundwater in the vicinity of the site; or the use of
  184  groundwater in the immediate vicinity of the storage tank area,
  185  where it has been demonstrated that the groundwater
  186  contamination is not migrating away from such localized source,
  187  if the public health, safety, and welfare, water resources, and
  188  the environment are adequately protected.
  189         9. Appropriate cleanup target levels for soils.
  190         a. In establishing soil cleanup target levels for human
  191  exposure to petroleum products’ chemicals of concern found in
  192  soils from the land surface to 2 feet below land surface, the
  193  department shall consider the following, as appropriate:
  194  calculations using a lifetime cancer risk level of 1.0E-6; a
  195  hazard index of 1 or less; the best achievable detection limit;
  196  or the naturally occurring background concentration.
  197         b. Leachability-based soil target levels shall be based on
  198  protection of the groundwater cleanup target levels or the
  199  alternate cleanup target levels for groundwater established
  200  pursuant to this paragraph, as appropriate. Source removal and
  201  other cost-effective alternatives that are technologically
  202  feasible shall be considered in achieving the leachability soil
  203  target levels established by the department. The leachability
  204  goals do not apply if the department determines, based upon
  205  individual site characteristics, that petroleum products’
  206  chemicals of concern will not leach into the groundwater at
  207  levels which pose a threat to public health, safety, and
  208  welfare, water resources, or the environment.
  209  
  210  This paragraph does not restrict the department from temporarily
  211  postponing completion of any site rehabilitation program for
  212  which funds are being expended whenever such postponement is
  213  necessary in order to make funds available for rehabilitation of
  214  a contamination site with a higher priority status.
  215         (6) CONTRACTING AND CONTRACTOR SELECTION REQUIREMENTS.—
  216         (d) The department rules implementing this section must:
  217         1. Specify that only qualified vendors may submit responses
  218  on a competitive solicitation. The department rules must also
  219         2. Include procedures for the rejection of vendors not
  220  meeting the minimum qualifications on the opening of a
  221  competitive solicitation. and
  222         3. Include requirements for a vendor to maintain its
  223  qualifications in order to enter contracts or perform
  224  rehabilitation work.
  225         4. Establish a procedure by October 1, 2015, for the
  226  processing of invoices and the direct assignment of tasks that
  227  are less than $500,000. This procedure may not involve the use
  228  of MyFloridaMarketPlace. Invoices and assignment of tasks may be
  229  processed pursuant to chapter 287.
  230         (n)For sites that are within the priority scoring range
  231  eligible for funding, excluding sites that are within a cost
  232  share program, a site owner or operator may select three agency
  233  term contractors. The department will then select one of the
  234  three agency term contractors based on the best value to be
  235  determined by a combination of the agency term contractor’s
  236  Invitation to Negotiate ranking and Schedule E rates.
  237         (o)1. Both the selected agency term contractor and the
  238  property owner, or responsible party, who selects the agency
  239  term contractor must execute a sworn affidavit testifying that
  240  neither party has solicited, offered, accepted, paid, or
  241  received any compensation, remuneration, or gift of any kind,
  242  directly or indirectly, in exchange for the selection of the
  243  agency term contractor in connection with the cleanup of the
  244  petroleum contaminated property, except for the compensation
  245  paid by the department to the agency term contractor pursuant to
  246  the agency term contractor’s contract with the department. If
  247  the department subsequently determines that remuneration did
  248  occur, the department may seek recovery of the costs of cleanup
  249  of specific properties from all parties responsible for the
  250  property contamination, and the property is ineligible for
  251  participation in any cleanup program.
  252         2. Pursuant to the terms and conditions of the agency term
  253  contractor’s contract with the department, the agency term
  254  contractor must disclose any conflict of interest to the
  255  department. The agency term contractor shall be conclusively
  256  determined to have a conflict of interest with regard to any
  257  site if it has given or offered remuneration, in cash or in
  258  kind, directly or indirectly, to the property owner or
  259  responsible party, or the owner’s or responsible party’s
  260  designee, to obtain work associated with such property. The
  261  department retains the right to investigate and determine if an
  262  agency term contractor has a conflict of interest with regard to
  263  any property. The department may terminate the agency term
  264  contractor’s contract with the department or may terminate the
  265  agency term contractor’s work assignment to a particular
  266  property based upon the department’s assessment of the potential
  267  conflict of interest.
  268         (12) SITE CLEANUP.—
  269         (b) Low-scored site initiative.—Notwithstanding subsections
  270  (5) and (6), a site with a priority ranking score of 29 points
  271  or less may voluntarily participate in the low-scored site
  272  initiative regardless of whether the site is eligible for state
  273  restoration funding.
  274         1. To participate in the low-scored site initiative, the
  275  responsible party or property owner must affirmatively
  276  demonstrate that the following conditions are met:
  277         a. Upon reassessment pursuant to department rule, the site
  278  retains a priority ranking score of 29 points or less.
  279         b. Excessively contaminated soil, as defined by department
  280  rule, does not exist onsite as a result of a release of
  281  petroleum products.
  282         c. A minimum of 6 months of groundwater monitoring
  283  indicates that the plume is shrinking or stable.
  284         d. The release of petroleum products at the site does not
  285  adversely affect adjacent surface waters, including their
  286  effects on human health and the environment.
  287         e. The area of groundwater containing the petroleum
  288  products’ chemicals of concern is less than one-quarter acre and
  289  is confined to the source property boundaries of the real
  290  property on which the discharge originated or is located below a
  291  state road or a state road’s right-of-way.
  292         f. Soils onsite that are subject to human exposure found
  293  between land surface and 2 feet below land surface meet the soil
  294  cleanup target levels established by department rule or human
  295  exposure is limited by appropriate institutional or engineering
  296  controls.
  297         2. Upon affirmative demonstration of the conditions under
  298  subparagraph 1., the department shall issue a determination of
  299  “No Further Action.” Such determination acknowledges that
  300  minimal contamination exists onsite and that such contamination
  301  is not a threat to the public health, safety, or welfare, water
  302  resources, or the environment. If no contamination is detected,
  303  the department may issue a site rehabilitation completion order.
  304         3. Sites that are eligible for state restoration funding
  305  may receive payment of costs for the low-scored site initiative
  306  as follows:
  307         a. A responsible party or property owner may submit an
  308  assessment plan designed to affirmatively demonstrate that the
  309  site meets the conditions under subparagraph 1. Notwithstanding
  310  the priority ranking score of the site, the department may
  311  approve the cost of the assessment, including 6 months of
  312  groundwater monitoring, not to exceed $35,000 $30,000 for each
  313  site. The department may not pay the costs associated with the
  314  establishment of institutional or engineering controls.
  315         b. Following the assessment, the department may approve up
  316  to an additional $35,000 for interim source removal pursuant to
  317  department rule to achieve a “No Further Action” order or a site
  318  rehabilitation completion order pursuant to subparagraph 2.
  319         c. For low-scored site initiative sites that were completed
  320  before July 1, 2015, the department may approve up to an
  321  additional $35,000 for supplemental site assessment pursuant to
  322  department rule or to achieve a “No Further Action” order or a
  323  site rehabilitation completion order pursuant to subparagraph 2.
  324         d. To provide pricing levels on the best terms to the
  325  department, only an agency term contractor may participate in
  326  the low-scored site initiative.
  327         e. Completed low-scored site initiative sites shall be
  328  granted priority 2 scoring status for ongoing assessment or
  329  remedial activity pursuant to department rule.
  330         f.b.All The assessment work shall be completed no later
  331  than 9 6 months after the department issues its approval. If
  332  groundwater monitoring is required after the assessment in order
  333  to satisfy the conditions of sub-subparagraph 1.c., the
  334  department may authorize an additional 6 months to complete the
  335  monitoring.
  336         g.c. No more than $10 million for the low-scored site
  337  initiative may be encumbered from the fund in any fiscal year.
  338  Funds shall be made available on a first-come, first-served
  339  basis and shall be limited to 10 sites in each fiscal year for
  340  each responsible party or property owner.
  341         h.d. Program deductibles, copayments, and the limited
  342  contamination assessment report requirements under paragraph
  343  (13)(c) do not apply to expenditures under this paragraph.
  344         (13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
  345  detection, reporting, and cleanup of contamination caused by
  346  discharges of petroleum or petroleum products, the department
  347  shall, within the guidelines established in this subsection,
  348  implement a cost-sharing cleanup program to provide
  349  rehabilitation funding assistance for all property contaminated
  350  by discharges of petroleum or petroleum products from a
  351  petroleum storage system occurring before January 1, 1995,
  352  subject to a copayment provided for in a Petroleum Cleanup
  353  Participation Program site rehabilitation agreement. Eligibility
  354  is subject to an annual appropriation from the fund.
  355  Additionally, funding for eligible sites is contingent upon
  356  annual appropriation in subsequent years. Such continued state
  357  funding is not an entitlement or a vested right under this
  358  subsection. Eligibility shall be determined in the program,
  359  notwithstanding any other provision of law, consent order,
  360  order, judgment, or ordinance to the contrary.
  361         (a)1. The department shall accept any discharge reporting
  362  form received before January 1, 1995, as an application for this
  363  program, and the facility owner or operator need not reapply.
  364         2. Owners or operators of property, regardless of whether
  365  ownership has changed, which is contaminated by petroleum or
  366  petroleum products from a petroleum storage system may apply for
  367  such program by filing a written report of the contamination
  368  incident, including evidence that such incident occurred before
  369  January 1, 1995, with the department. Incidents of petroleum
  370  contamination discovered after December 31, 1994, at sites which
  371  have not stored petroleum or petroleum products for consumption,
  372  use, or sale after such date shall be presumed to have occurred
  373  before January 1, 1995. An operator’s filed report shall be an
  374  application of the owner for all purposes. Sites reported to the
  375  department after December 31, 1998, are not eligible for the
  376  program.
  377         (b) Subject to annual appropriation from the fund, sites
  378  meeting the criteria of this subsection are eligible for up to
  379  $1 million $400,000 of site rehabilitation funding assistance in
  380  priority order pursuant to subsections (5) and (6). Sites
  381  meeting the criteria of this subsection for which a site
  382  rehabilitation completion order was issued before June 1, 2008,
  383  do not qualify for the 2008 increase in site rehabilitation
  384  funding assistance and are bound by the pre-June 1, 2008,
  385  limits. Sites meeting the criteria of this subsection for which
  386  a site rehabilitation completion order was not issued before
  387  June 1, 2008, regardless of whether they have previously
  388  transitioned to nonstate-funded cleanup status, may continue
  389  state-funded cleanup pursuant to this section until a site
  390  rehabilitation completion order is issued or the increased site
  391  rehabilitation funding assistance limit is reached, whichever
  392  occurs first. The department may not pay expenses incurred
  393  beyond the scope of an approved contract.
  394         (c) Upon notification by the department that rehabilitation
  395  funding assistance is available for the site pursuant to
  396  subsections (5) and (6), the owner, operator, or person
  397  otherwise responsible for site rehabilitation shall provide the
  398  department with a limited contamination assessment report and
  399  shall enter into a Petroleum Cleanup Participation Program site
  400  rehabilitation agreement with the department. The agreement must
  401  provide for a 25-percent copayment by the owner, operator, or
  402  person otherwise responsible for conducting site rehabilitation.
  403  The owner, operator, or person otherwise responsible for
  404  conducting site rehabilitation shall adequately demonstrate the
  405  ability to meet the copayment obligation. The limited
  406  contamination assessment report and the copayment costs may be
  407  reduced or eliminated if the owner and all operators responsible
  408  for restoration under s. 376.308 demonstrate that they cannot
  409  financially comply with the copayment and limited contamination
  410  assessment report requirements. The department shall take into
  411  consideration the owner’s and operator’s net worth in making the
  412  determination of financial ability. In the event the department
  413  and the owner, operator, or person otherwise responsible for
  414  site rehabilitation cannot complete negotiation of the cost
  415  sharing agreement within 120 days after beginning negotiations,
  416  the department shall terminate negotiations and the site shall
  417  be ineligible for state funding under this subsection and all
  418  liability protections provided for in this subsection shall be
  419  revoked.
  420         (d) A report of a discharge made to the department by a
  421  person pursuant to this subsection or any rules adopted pursuant
  422  to this subsection may not be used directly as evidence of
  423  liability for such discharge in any civil or criminal trial
  424  arising out of the discharge.
  425         (e) This subsection does not preclude the department from
  426  pursuing penalties under s. 403.141 for violations of any law or
  427  any rule, order, permit, registration, or certification adopted
  428  or issued by the department pursuant to its lawful authority.
  429         (f) Upon the filing of a discharge reporting form under
  430  paragraph (a), the department or local government may not pursue
  431  any judicial or enforcement action to compel rehabilitation of
  432  the discharge. This paragraph does not prevent any such action
  433  with respect to discharges determined ineligible under this
  434  subsection or to sites for which rehabilitation funding
  435  assistance is available pursuant to subsections (5) and (6).
  436         (g) The following are excluded from participation in the
  437  program:
  438         1. Sites at which the department has been denied reasonable
  439  site access to implement this section.
  440         2. Sites that were active facilities when owned or operated
  441  by the Federal Government.
  442         3. Sites that are identified by the United States
  443  Environmental Protection Agency to be on, or which qualify for
  444  listing on, the National Priorities List under Superfund. This
  445  exception does not apply to those sites for which eligibility
  446  has been requested or granted as of the effective date of this
  447  act under the Early Detection Incentive Program established
  448  pursuant to s. 15, chapter 86-159, Laws of Florida.
  449         4. Sites for which contamination is covered under the Early
  450  Detection Incentive Program, the Abandoned Tank Restoration
  451  Program, or the Petroleum Liability and Restoration Insurance
  452  Program, in which case site rehabilitation funding assistance
  453  shall continue under the respective program.
  454         Section 3. Paragraph (a) of subsection (2) and subsection
  455  (4) of section 376.30713, Florida Statutes, are amended to read:
  456         376.30713 Advanced cleanup.—
  457         (2) The department may approve an application for advanced
  458  cleanup at eligible sites, before funding based on the site’s
  459  priority ranking established pursuant to s. 376.3071(5)(a),
  460  pursuant to this section. Only the facility owner or operator or
  461  the person otherwise responsible for site rehabilitation
  462  qualifies as an applicant under this section.
  463         (a) Advanced cleanup applications may be submitted between
  464  May 1 and June 30 and between November 1 and December 31 of each
  465  fiscal year. Applications submitted between May 1 and June 30
  466  shall be for the fiscal year beginning July 1. An application
  467  must consist of:
  468         1. A commitment to pay 25 percent or more of the total
  469  cleanup cost deemed recoverable under this section along with
  470  proof of the ability to pay the cost share. An application
  471  proposing that the department enter into a performance-based
  472  contract for the cleanup of 10 20 or more sites may use a
  473  commitment to pay, a demonstrated cost savings to the
  474  department, or both to meet the cost-share requirement. For an
  475  application relying on a demonstrated cost savings to the
  476  department, the applicant shall, in conjunction with the
  477  proposed agency term contractor, establish and provide in the
  478  application the percentage of cost savings in the aggregate that
  479  is being provided to the department for cleanup of the sites
  480  under the application compared to the cost of cleanup of those
  481  same sites using the current rates provided to the department by
  482  the proposed agency term contractor. The department shall
  483  determine whether the cost savings demonstration is acceptable.
  484  Such determination is not subject to chapter 120.
  485         2. A nonrefundable review fee of $250 to cover the
  486  administrative costs associated with the department’s review of
  487  the application.
  488         3. A limited contamination assessment report.
  489         4. A proposed course of action.
  490  
  491  The limited contamination assessment report must be sufficient
  492  to support the proposed course of action and to estimate the
  493  cost of the proposed course of action. Costs incurred related to
  494  conducting the limited contamination assessment report are not
  495  refundable from the Inland Protection Trust Fund. Site
  496  eligibility under this subsection or any other provision of this
  497  section is not an entitlement to advanced cleanup or continued
  498  restoration funding. The applicant shall certify to the
  499  department that the applicant has the prerequisite authority to
  500  enter into an advanced cleanup contract with the department. The
  501  certification must be submitted with the application.
  502         (4) The department may enter into contracts for a total of
  503  up to $25 $15 million of advanced cleanup work in each fiscal
  504  year. However, a facility or an applicant who bundles multiple
  505  sites as specified in subparagraph (2)(a)1. may not be approved
  506  for more than $5 million of cleanup activity in each fiscal
  507  year. A property owner or responsible party may enter into a
  508  voluntary cost-share agreement in which the property owner or
  509  responsible party commits to bundle multiple sites and lists the
  510  facilities that will be included in those future bundles. The
  511  facilities listed are not subject to agency term contractor
  512  assignment pursuant to department rule. The department reserves
  513  the right to terminate the voluntary cost-share agreement if the
  514  property owner or responsible party fails to submit an
  515  application to bundle multiple sites within an open application
  516  period in which it is eligible to participate. For the purposes
  517  of this section, the term “facility” includes, but is not
  518  limited to, multiple site facilities such as airports, port
  519  facilities, and terminal facilities even though such enterprises
  520  may be treated as separate facilities for other purposes under
  521  this chapter.
  522         Section 4. This act shall take effect July 1, 2015.
  523  
  524  ================= T I T L E  A M E N D M E N T ================
  525  And the title is amended as follows:
  526         Delete everything before the enacting clause
  527  and insert:
  528                        A bill to be entitled                      
  529         An act relating to the Petroleum Restoration Program;
  530         amending s. 376.305, F.S.; removing the requirement
  531         that applications for the Abandoned Tank Restoration
  532         Program must have been submitted to the Department of
  533         Environmental Protection by a certain time; deleting
  534         provisions relieving certain persons from liability;
  535         amending s. 376.3071, F.S.; prohibiting the department
  536         from incorporating risk-based corrective actions
  537         principles not approved by the property owner;
  538         prohibiting site rehabilitation from being implemented
  539         on certain sites without the approval of the property
  540         owner; requiring the department to establish a
  541         procedure by rule for the processing of certain
  542         invoices and the direct assignment of tasks by a
  543         certain date; authorizing site owners and operators to
  544         select agency term contractors from which the
  545         department must select from under certain
  546         circumstances; requiring the property owner or
  547         responsible party selecting the agency term contractor
  548         and the selected agency term contractor to execute a
  549         sworn affidavit testifying to certain terms; requiring
  550         agency term contractors to disclose any conflict of
  551         interest to the department; revising the conditions
  552         for eligibility and methods for payment of costs for
  553         the low-scored site initiative; clarifying that a
  554         change in ownership does not preclude a site from
  555         entering into the program; revising the eligibility
  556         requirements for receiving rehabilitation funding
  557         assistance; increasing the amount of funding
  558         assistance available; amending s. 376.30713, F.S.;
  559         revising the number of sites for certain advanced
  560         cleanup applications; increasing the total amount for
  561         which the department may contract for advanced cleanup
  562         work in a fiscal year; authorizing property owners and
  563         responsible parties to enter into voluntary cost-share
  564         agreements under certain circumstances; providing an
  565         effective date.