Florida Senate - 2015                                     SB 314
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00245A-15                                           2015314__
    1                        A bill to be entitled                      
    2         An act relating to the Petroleum Restoration Program;
    3         amending s. 376.305, F.S.; expanding the definition of
    4         “abandoned petroleum storage system” to include
    5         petroleum systems that stored petroleum products
    6         during a certain timeframe; amending s. 376.30701,
    7         F.S.; requiring the Department of Environmental
    8         Protection to establish standards and criteria for
    9         specific situations in which the national standard for
   10         benzene applies; amending s. 376.3071, F.S.; removing
   11         the requirement for the department to incorporate
   12         risk-based corrective action principles in certain
   13         rule criteria; prohibiting site rehabilitation from
   14         being implemented on certain sites without the
   15         approval of the site owner or the person responsible
   16         for the site rehabilitation; requiring the department
   17         to establish by rule a procedure for the processing of
   18         certain invoices; requiring the department to
   19         establish rules requiring work tasks for remediation
   20         systems to be based on performance-based contracts;
   21         authorizing site owners and operators to select a
   22         contractor under certain circumstances; clarifying
   23         that a change in ownership does not preclude a site
   24         from entering into the program; revising the
   25         eligibility requirements for receiving rehabilitation
   26         funding assistance; deleting obsolete provisions;
   27         amending s. 376.30713, F.S.; revising the number of
   28         sites necessary to meet the eligibility requirement
   29         for an advanced cleanup application; increasing the
   30         total amount for which the department may contract for
   31         advanced cleanup work in a fiscal year; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (6) of section 376.305, Florida
   37  Statutes, is amended to read:
   38         376.305 Removal of prohibited discharges.—
   39         (6) The Legislature created the Abandoned Tank Restoration
   40  Program in response to the need to provide financial assistance
   41  for cleanup of sites that have abandoned petroleum storage
   42  systems. For purposes of this subsection, the term “abandoned
   43  petroleum storage system” means a petroleum storage system that
   44  has not stored petroleum products for consumption, use, or sale
   45  since January 1, 1999 March 1, 1990. The department shall
   46  establish the Abandoned Tank Restoration Program to facilitate
   47  the restoration of sites contaminated by abandoned petroleum
   48  storage systems.
   49         (a) To be included in the program:
   50         1. An application must be submitted to the department by
   51  June 30, 1996, certifying that the system has not stored
   52  petroleum products for consumption, use, or sale at the facility
   53  since January 1, 1999 March 1, 1990.
   54         2. The owner or operator of the petroleum storage system
   55  when it was in service must have ceased conducting business
   56  involving consumption, use, or sale of petroleum products at
   57  that facility on or before January 1, 1999 March 1, 1990.
   58         3. The site is not otherwise eligible for the cleanup
   59  programs pursuant to s. 376.3071 or s. 376.3072.
   60         (b) In order to be eligible for the program, petroleum
   61  storage systems from which a discharge occurred must be closed
   62  pursuant to department rules before an eligibility
   63  determination. However, if the department determines that the
   64  owner of the facility cannot financially comply with the
   65  department’s petroleum storage system closure requirements and
   66  all other eligibility requirements are met, the petroleum
   67  storage system closure requirements shall be waived. The
   68  department shall take into consideration the owner’s net worth
   69  and the economic impact on the owner in making the determination
   70  of the owner’s financial ability. The June 30, 1996, application
   71  deadline shall be waived for owners who cannot financially
   72  comply.
   73         (c) Sites accepted in the program are eligible for site
   74  rehabilitation funding as provided in s. 376.3071.
   75         (d) The following sites are excluded from eligibility:
   76         1. Sites on property of the Federal Government;
   77         2. Sites contaminated by pollutants that are not petroleum
   78  products;
   79         3. Sites where the department has been denied site access;
   80  or
   81         4. Sites which are owned by a person who had knowledge of
   82  the polluting condition when title was acquired unless the
   83  person acquired title to the site after issuance of a notice of
   84  site eligibility by the department.
   85         (e) Participating sites are subject to a deductible as
   86  determined by rule, not to exceed $10,000.
   87  
   88  This subsection does not relieve a person who has acquired title
   89  after July 1, 1992, from the duty to establish by a
   90  preponderance of the evidence that he or she undertook, at the
   91  time of acquisition, all appropriate inquiry into the previous
   92  ownership and use of the property consistent with good
   93  commercial or customary practice in an effort to minimize
   94  liability, as required by s. 376.308(1)(c).
   95         Section 2. Paragraph (g) of subsection (2) of section
   96  376.30701, Florida Statutes, is amended to read:
   97         376.30701 Application of risk-based corrective action
   98  principles to contaminated sites; applicability; legislative
   99  intent; rulemaking authority; contamination cleanup criteria;
  100  limitations; reopeners.—
  101         (2) INTENT; RULEMAKING AUTHORITY; CLEANUP CRITERIA.—It is
  102  the intent of the Legislature to protect the health of all
  103  people under actual circumstances of exposure. By July 1, 2004,
  104  the secretary of the department shall establish criteria by rule
  105  for the purpose of determining, on a site-specific basis, the
  106  rehabilitation program tasks that comprise a site rehabilitation
  107  program, including a voluntary site rehabilitation program, and
  108  the level at which a rehabilitation program task and a site
  109  rehabilitation program may be deemed completed. In establishing
  110  these rules, the department shall apply, to the maximum extent
  111  feasible, a risk-based corrective action process to achieve
  112  protection of human health and safety and the environment in a
  113  cost-effective manner based on the principles set forth in this
  114  subsection. These rules shall prescribe a phased risk-based
  115  corrective action process that is iterative and that tailors
  116  site rehabilitation tasks to site-specific conditions and risks.
  117  The department and the person responsible for site
  118  rehabilitation are encouraged to establish decision points at
  119  which risk management decisions will be made. The department
  120  shall provide an early decision, when requested, regarding
  121  applicable exposure factors and a risk management approach based
  122  on the current and future land use at the site. These rules
  123  shall also include protocols for the use of natural attenuation,
  124  the use of institutional and engineering controls, and the
  125  issuance of “No Further Action” orders. The criteria for
  126  determining what constitutes a rehabilitation program task or
  127  completion of a site rehabilitation program task or site
  128  rehabilitation program, including a voluntary site
  129  rehabilitation program, must:
  130         (g) Apply state water quality standards as follows:
  131         1. Cleanup target levels for each contaminant found in
  132  groundwater shall be the applicable state water quality
  133  standards. Where such standards do not exist, the cleanup target
  134  levels for groundwater shall be based on the minimum criteria
  135  specified in department rule. The department shall apply the
  136  following, as appropriate, in establishing the applicable
  137  cleanup target levels: calculations using a lifetime cancer risk
  138  level of 1.0E-6; a hazard index of 1 or less; the best
  139  achievable detection limit; and nuisance, organoleptic, and
  140  aesthetic considerations. The department shall establish
  141  standards and criteria for specific situations in which the
  142  national standard of 5 parts per billion (ppb) for benzene is
  143  applicable. However, the department shall not require site
  144  rehabilitation to achieve a cleanup target level for any
  145  individual contaminant that is more stringent than the site
  146  specific, naturally occurring background concentration for that
  147  contaminant.
  148         2. Where surface waters are exposed to contaminated
  149  groundwater, the cleanup target levels for the contaminants
  150  shall be based on the more protective of the groundwater or
  151  surface water standards as established by department rule. The
  152  point of measuring compliance with the surface water standards
  153  shall be in the groundwater immediately adjacent to the surface
  154  water body.
  155         3. Using risk-based corrective action principles, the
  156  department shall approve alternative cleanup target levels in
  157  conjunction with institutional and engineering controls, if
  158  needed, based upon an applicant’s demonstration, using site
  159  specific data, modeling results, risk assessment studies, risk
  160  reduction techniques, or a combination thereof, that human
  161  health, public safety, and the environment are protected to the
  162  same degree as provided in subparagraphs 1. and 2. Where a state
  163  water quality standard is applicable, a deviation may not result
  164  in the application of cleanup target levels more stringent than
  165  the standard. In determining whether it is appropriate to
  166  establish alternative cleanup target levels at a site, the
  167  department must consider the effectiveness of source removal, if
  168  any, that has been completed at the site and the practical
  169  likelihood of the use of low yield or poor quality groundwater,
  170  the use of groundwater near marine surface water bodies, the
  171  current and projected use of the affected groundwater in the
  172  vicinity of the site, or the use of groundwater in the immediate
  173  vicinity of the contaminated area, where it has been
  174  demonstrated that the groundwater contamination is not migrating
  175  away from such localized source, provided human health, public
  176  safety, and the environment are protected. Groundwater resource
  177  protection remains the ultimate goal of cleanup, particularly in
  178  light of the state’s continued growth and consequent demands for
  179  drinking water resources. The Legislature recognizes the need
  180  for a protective yet flexible cleanup approach that risk-based
  181  corrective action provides. Only where it is appropriate on a
  182  site-specific basis, using the criteria in this paragraph and
  183  careful evaluation by the department, shall proposed alternative
  184  cleanup target levels be approved.
  185  
  186  The department shall require source removal as a risk reduction
  187  measure if warranted and cost-effective. Once source removal at
  188  a site is complete, the department shall reevaluate the site to
  189  determine the degree of active cleanup needed to continue.
  190  Further, the department shall determine if the reevaluated site
  191  qualifies for monitoring only or if no further action is
  192  required to rehabilitate the site. If additional site
  193  rehabilitation is necessary to reach “No Further Action” status,
  194  the department is encouraged to utilize natural attenuation and
  195  monitoring where site conditions warrant.
  196         Section 3. Paragraph (b) of subsection (5), paragraph (d)
  197  of subsection (6), and subsection (13) of section 376.3071,
  198  Florida Statutes, are amended, and paragraph (n) is added to
  199  subsection (6) of that section, to read:
  200         376.3071 Inland Protection Trust Fund; creation; purposes;
  201  funding.—
  202         (5) SITE SELECTION AND CLEANUP CRITERIA.—
  203         (b) It is the intent of the Legislature to protect the
  204  health of all people under actual circumstances of exposure. The
  205  secretary shall establish criteria by rule for the purpose of
  206  determining, on a site-specific basis, the rehabilitation
  207  program tasks that comprise a site rehabilitation program and
  208  the level at which a rehabilitation program task and a site
  209  rehabilitation program are completed. In establishing the rule,
  210  the department shall incorporate, to the maximum extent
  211  feasible, risk-based corrective action principles to achieve
  212  protection of the public health, safety, and welfare, water
  213  resources, and the environment in a cost-effective manner as
  214  provided in this subsection. Criteria for determining what
  215  constitutes a rehabilitation program task or completion of site
  216  rehabilitation program tasks and site rehabilitation programs
  217  shall be based upon the factors set forth in paragraph (a) and
  218  the following additional factors:
  219         1. The current exposure and potential risk of exposure to
  220  humans and the environment including multiple pathways of
  221  exposure.
  222         2. The appropriate point of compliance with cleanup target
  223  levels for petroleum products’ chemicals of concern. The point
  224  of compliance shall be at the source of the petroleum
  225  contamination. However, the department may temporarily move the
  226  point of compliance to the boundary of the property, or to the
  227  edge of the plume when the plume is within the property
  228  boundary, while cleanup, including cleanup through natural
  229  attenuation processes in conjunction with appropriate
  230  monitoring, is proceeding. The department may also, pursuant to
  231  criteria provided for in this paragraph, temporarily extend the
  232  point of compliance beyond the property boundary with
  233  appropriate monitoring, if such extension is needed to
  234  facilitate natural attenuation or to address the current
  235  conditions of the plume, if the public health, safety, and
  236  welfare, water resources, and the environment are adequately
  237  protected. Temporary extension of the point of compliance beyond
  238  the property boundary, as provided in this subparagraph, must
  239  include notice to local governments and owners of any property
  240  into which the point of compliance is allowed to extend.
  241         3. The appropriate site-specific cleanup goal. The site
  242  specific cleanup goal shall be that all petroleum contamination
  243  sites ultimately achieve the applicable cleanup target levels
  244  provided in this paragraph. However, the department may allow
  245  concentrations of the petroleum products’ chemicals of concern
  246  to temporarily exceed the applicable cleanup target levels while
  247  cleanup, including cleanup through natural attenuation processes
  248  in conjunction with appropriate monitoring, is proceeding, if
  249  the public health, safety, and welfare, water resources, and the
  250  environment are adequately protected.
  251         4. The appropriateness of using institutional or
  252  engineering controls. Site rehabilitation programs may include
  253  the use of institutional or engineering controls to eliminate
  254  the potential exposure to petroleum products’ chemicals of
  255  concern to humans or the environment. Use of such controls must
  256  have prior department approval and may not be acquired with
  257  moneys from the fund. When institutional or engineering controls
  258  are implemented to control exposure, the removal of such
  259  controls must have prior department approval and must be
  260  accompanied immediately by the resumption of active cleanup or
  261  other approved controls unless cleanup target levels pursuant to
  262  this paragraph have been achieved. Site rehabilitation for a
  263  site that qualifies for a conditional closure or closure with
  264  institutional or engineering controls that require deed
  265  restrictions may be implemented only with the approval of the
  266  site owner or the person responsible for the site
  267  rehabilitation.
  268         5. The additive effects of the petroleum products’
  269  chemicals of concern. The synergistic effects of petroleum
  270  products’ chemicals of concern must also be considered when the
  271  scientific data becomes available.
  272         6. Individual site characteristics which must include, but
  273  not be limited to, the current and projected use of the affected
  274  groundwater in the vicinity of the site, current and projected
  275  land uses of the area affected by the contamination, the exposed
  276  population, the degree and extent of contamination, the rate of
  277  contaminant migration, the apparent or potential rate of
  278  contaminant degradation through natural attenuation processes,
  279  the location of the plume, and the potential for further
  280  migration in relation to site property boundaries.
  281         7. Applicable state water quality standards.
  282         a. Cleanup target levels for petroleum products’ chemicals
  283  of concern found in groundwater shall be the applicable state
  284  water quality standards. Where such standards do not exist, the
  285  cleanup target levels for groundwater shall be based on the
  286  minimum criteria specified in department rule. The department
  287  shall consider the following, as appropriate, in establishing
  288  the applicable minimum criteria: calculations using a lifetime
  289  cancer risk level of 1.0E-6; a hazard index of 1 or less; the
  290  best achievable detection limit; the naturally occurring
  291  background concentration; or nuisance, organoleptic, and
  292  aesthetic considerations.
  293         b. Where surface waters are exposed to petroleum
  294  contaminated groundwater, the cleanup target levels for the
  295  petroleum products’ chemicals of concern shall be based on the
  296  surface water standards as established by department rule. The
  297  point of measuring compliance with the surface water standards
  298  shall be in the groundwater immediately adjacent to the surface
  299  water body.
  300         8. Whether deviation from state water quality standards or
  301  from established criteria is appropriate. The department may
  302  issue a “No Further Action Order” based upon the degree to which
  303  the desired cleanup target level is achievable and can be
  304  reasonably and cost-effectively implemented within available
  305  technologies or engineering and institutional control
  306  strategies. Where a state water quality standard is applicable,
  307  a deviation may not result in the application of cleanup target
  308  levels more stringent than the standard. In determining whether
  309  it is appropriate to establish alternate cleanup target levels
  310  at a site, the department may consider the effectiveness of
  311  source removal that has been completed at the site and the
  312  practical likelihood of the use of low yield or poor quality
  313  groundwater; the use of groundwater near marine surface water
  314  bodies; the current and projected use of the affected
  315  groundwater in the vicinity of the site; or the use of
  316  groundwater in the immediate vicinity of the storage tank area,
  317  where it has been demonstrated that the groundwater
  318  contamination is not migrating away from such localized source,
  319  if the public health, safety, and welfare, water resources, and
  320  the environment are adequately protected.
  321         9. Appropriate cleanup target levels for soils.
  322         a. In establishing soil cleanup target levels for human
  323  exposure to petroleum products’ chemicals of concern found in
  324  soils from the land surface to 2 feet below land surface, the
  325  department shall consider the following, as appropriate:
  326  calculations using a lifetime cancer risk level of 1.0E-6; a
  327  hazard index of 1 or less; the best achievable detection limit;
  328  or the naturally occurring background concentration.
  329         b. Leachability-based soil target levels shall be based on
  330  protection of the groundwater cleanup target levels or the
  331  alternate cleanup target levels for groundwater established
  332  pursuant to this paragraph, as appropriate. Source removal and
  333  other cost-effective alternatives that are technologically
  334  feasible shall be considered in achieving the leachability soil
  335  target levels established by the department. The leachability
  336  goals do not apply if the department determines, based upon
  337  individual site characteristics, that petroleum products’
  338  chemicals of concern will not leach into the groundwater at
  339  levels which pose a threat to public health, safety, and
  340  welfare, water resources, or the environment.
  341  
  342  This paragraph does not restrict the department from temporarily
  343  postponing completion of any site rehabilitation program for
  344  which funds are being expended whenever such postponement is
  345  necessary in order to make funds available for rehabilitation of
  346  a contamination site with a higher priority status.
  347         (6) CONTRACTING AND CONTRACTOR SELECTION REQUIREMENTS.—
  348         (d) The department rules implementing this section must:
  349         1. Specify that only qualified vendors may submit responses
  350  on a competitive solicitation. The department rules must also
  351         2. Include procedures for the rejection of vendors not
  352  meeting the minimum qualifications on the opening of a
  353  competitive solicitation. and
  354         3. Include requirements for a vendor to maintain its
  355  qualifications in order to enter contracts or perform
  356  rehabilitation work.
  357         4. Establish a procedure for the processing of invoices
  358  that are less than $500,000 per task, including the direct
  359  assignment of such tasks. This procedure may not involve the use
  360  of MyFloridaMarketPlace. Invoices that are at least $500,000 per
  361  task may be processed pursuant to chapter 287.
  362         5. Require current and future operations and management
  363  work tasks for remediation systems to be based on performance
  364  based contracts to ensure efficient and effective cleanup of
  365  sites.
  366         (n)A site owner or operator may select a contractor,
  367  provided the contractor complies with paragraph (c), if the
  368  combination of the owner or operator copay and the contractor’s
  369  discount off the normal rate totals at least 5 percent of the
  370  value of the contract. The cost of work must be based on a
  371  competitive rate that the department negotiates with each
  372  contractor.
  373         (13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
  374  detection, reporting, and cleanup of contamination caused by
  375  discharges of petroleum or petroleum products, the department
  376  shall, within the guidelines established in this subsection,
  377  implement a cost-sharing cleanup program to provide
  378  rehabilitation funding assistance for all property contaminated
  379  by discharges of petroleum or petroleum products occurring
  380  before January 1, 1999 1995, subject to a copayment provided for
  381  in a Petroleum Cleanup Participation Program site rehabilitation
  382  agreement. Eligibility is subject to an annual appropriation
  383  from the fund. Additionally, funding for eligible sites is
  384  contingent upon annual appropriation in subsequent years. Such
  385  continued state funding is not an entitlement or a vested right
  386  under this subsection. Eligibility shall be determined in the
  387  program, notwithstanding any other provision of law, consent
  388  order, order, judgment, or ordinance to the contrary.
  389         (a) 1. The department shall accept any discharge reporting
  390  form received before January 1, 1995, as an application for this
  391  program, and the facility owner or operator need not reapply.
  392         2. Owners or operators of property, regardless of whether
  393  ownership has changed, which is contaminated by petroleum or
  394  petroleum products from a petroleum storage system may apply for
  395  such program by filing a written report of the contamination
  396  incident, including evidence that such incident occurred before
  397  January 1, 1999 1995, with the department. Incidents of
  398  petroleum contamination discovered after December 31, 1994, at
  399  sites which have not stored petroleum or petroleum products for
  400  consumption, use, or sale after such date shall be presumed to
  401  have occurred before January 1, 1995. An operator’s filed report
  402  shall be an application of the owner for all purposes. Sites
  403  reported to the department after December 31, 1998, are not
  404  eligible for the program.
  405         (b) Subject to annual appropriation from the fund, sites
  406  meeting the criteria of this subsection are eligible for up to
  407  $1 million $400,000 of site rehabilitation funding assistance in
  408  priority order pursuant to subsections (5) and (6). Sites
  409  meeting the criteria of this subsection for which a site
  410  rehabilitation completion order was issued before June 1, 2008,
  411  do not qualify for the 2008 increase in site rehabilitation
  412  funding assistance and are bound by the pre-June 1, 2008,
  413  limits. Sites meeting the criteria of this subsection for which
  414  a site rehabilitation completion order was not issued before
  415  June 1, 2008, regardless of whether they have previously
  416  transitioned to nonstate-funded cleanup status, may continue
  417  state-funded cleanup pursuant to this section until a site
  418  rehabilitation completion order is issued or the increased site
  419  rehabilitation funding assistance limit is reached, whichever
  420  occurs first. The department may not pay expenses incurred
  421  beyond the scope of an approved contract.
  422         (c) Upon notification by the department that rehabilitation
  423  funding assistance is available for the site pursuant to
  424  subsections (5) and (6), the owner, operator, or person
  425  otherwise responsible for site rehabilitation shall provide the
  426  department with a limited contamination assessment report and
  427  shall enter into a Petroleum Cleanup Participation Program site
  428  rehabilitation agreement with the department. The agreement must
  429  provide for a 25-percent copayment by the owner, operator, or
  430  person otherwise responsible for conducting site rehabilitation.
  431  The owner, operator, or person otherwise responsible for
  432  conducting site rehabilitation shall adequately demonstrate the
  433  ability to meet the copayment obligation. The limited
  434  contamination assessment report and the copayment costs may be
  435  reduced or eliminated if the owner and all operators responsible
  436  for restoration under s. 376.308 demonstrate that they cannot
  437  financially comply with the copayment and limited contamination
  438  assessment report requirements. The department shall take into
  439  consideration the owner’s and operator’s net worth in making the
  440  determination of financial ability. In the event the department
  441  and the owner, operator, or person otherwise responsible for
  442  site rehabilitation cannot complete negotiation of the cost
  443  sharing agreement within 120 days after beginning negotiations,
  444  the department shall terminate negotiations and the site shall
  445  be ineligible for state funding under this subsection and all
  446  liability protections provided for in this subsection shall be
  447  revoked.
  448         (d) A report of a discharge made to the department by a
  449  person pursuant to this subsection or any rules adopted pursuant
  450  to this subsection may not be used directly as evidence of
  451  liability for such discharge in any civil or criminal trial
  452  arising out of the discharge.
  453         (e) This subsection does not preclude the department from
  454  pursuing penalties under s. 403.141 for violations of any law or
  455  any rule, order, permit, registration, or certification adopted
  456  or issued by the department pursuant to its lawful authority.
  457         (f) Upon the filing of a discharge reporting form under
  458  paragraph (a), the department or local government may not pursue
  459  any judicial or enforcement action to compel rehabilitation of
  460  the discharge. This paragraph does not prevent any such action
  461  with respect to discharges determined ineligible under this
  462  subsection or to sites for which rehabilitation funding
  463  assistance is available pursuant to subsections (5) and (6).
  464         (g) The following are excluded from participation in the
  465  program:
  466         1. Sites at which the department has been denied reasonable
  467  site access to implement this section.
  468         2. Sites that were active facilities when owned or operated
  469  by the Federal Government.
  470         3. Sites that are identified by the United States
  471  Environmental Protection Agency to be on, or which qualify for
  472  listing on, the National Priorities List under Superfund. This
  473  exception does not apply to those sites for which eligibility
  474  has been requested or granted as of the effective date of this
  475  act under the Early Detection Incentive Program established
  476  pursuant to s. 15, chapter 86-159, Laws of Florida.
  477         4. Sites for which contamination is covered under the Early
  478  Detection Incentive Program, the Abandoned Tank Restoration
  479  Program, or the Petroleum Liability and Restoration Insurance
  480  Program, in which case site rehabilitation funding assistance
  481  shall continue under the respective program.
  482         Section 4. Paragraph (a) of subsection (2) and subsection
  483  (4) of section 376.30713, Florida Statutes, are amended to read:
  484         376.30713 Advanced cleanup.—
  485         (2) The department may approve an application for advanced
  486  cleanup at eligible sites, before funding based on the site’s
  487  priority ranking established pursuant to s. 376.3071(5)(a),
  488  pursuant to this section. Only the facility owner or operator or
  489  the person otherwise responsible for site rehabilitation
  490  qualifies as an applicant under this section.
  491         (a) Advanced cleanup applications may be submitted between
  492  May 1 and June 30 and between November 1 and December 31 of each
  493  fiscal year. Applications submitted between May 1 and June 30
  494  shall be for the fiscal year beginning July 1. An application
  495  must consist of:
  496         1. A commitment to pay 25 percent or more of the total
  497  cleanup cost deemed recoverable under this section along with
  498  proof of the ability to pay the cost share. An application
  499  proposing that the department enter into a performance-based
  500  contract for the cleanup of 10 20 or more sites may use a
  501  commitment to pay, a demonstrated cost savings to the
  502  department, or both to meet the cost-share requirement. For an
  503  application relying on a demonstrated cost savings to the
  504  department, the applicant shall, in conjunction with the
  505  proposed agency term contractor, establish and provide in the
  506  application the percentage of cost savings in the aggregate that
  507  is being provided to the department for cleanup of the sites
  508  under the application compared to the cost of cleanup of those
  509  same sites using the current rates provided to the department by
  510  the proposed agency term contractor. The department shall
  511  determine whether the cost savings demonstration is acceptable.
  512  Such determination is not subject to chapter 120.
  513         2. A nonrefundable review fee of $250 to cover the
  514  administrative costs associated with the department’s review of
  515  the application.
  516         3. A limited contamination assessment report.
  517         4. A proposed course of action.
  518  
  519  The limited contamination assessment report must be sufficient
  520  to support the proposed course of action and to estimate the
  521  cost of the proposed course of action. Costs incurred related to
  522  conducting the limited contamination assessment report are not
  523  refundable from the Inland Protection Trust Fund. Site
  524  eligibility under this subsection or any other provision of this
  525  section is not an entitlement to advanced cleanup or continued
  526  restoration funding. The applicant shall certify to the
  527  department that the applicant has the prerequisite authority to
  528  enter into an advanced cleanup contract with the department. The
  529  certification must be submitted with the application.
  530         (4) The department may enter into contracts for a total of
  531  up to $25 $15 million of advanced cleanup work in each fiscal
  532  year. However, a facility or an applicant who bundles multiple
  533  sites as specified in subparagraph (2)(a)1. may not be approved
  534  for more than $5 million of cleanup activity in each fiscal
  535  year. For the purposes of this section, the term “facility”
  536  includes, but is not limited to, multiple site facilities such
  537  as airports, port facilities, and terminal facilities even
  538  though such enterprises may be treated as separate facilities
  539  for other purposes under this chapter.
  540         Section 5. This act shall take effect July 1, 2015.