Florida Senate - 2015                              CS for SB 314
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Simpson
       
       
       
       
       592-02178-15                                           2015314c1
    1                        A bill to be entitled                      
    2         An act relating to the Petroleum Restoration Program;
    3         amending s. 376.305, F.S.; removing the requirement
    4         that applications for the Abandoned Tank Restoration
    5         Program must have been submitted to the Department of
    6         Environmental Protection by a certain time; deleting
    7         provisions relieving certain persons from liability;
    8         amending s. 376.3071, F.S.; prohibiting the department
    9         from incorporating risk-based corrective actions
   10         principles not approved by the property owner;
   11         prohibiting site rehabilitation from being implemented
   12         on certain sites without the approval of the property
   13         owner; requiring the department to establish a
   14         procedure by rule for the processing of certain
   15         invoices and the direct assignment of tasks by a
   16         certain date; authorizing site owners and operators to
   17         select agency term contractors from which the
   18         department must select from under certain
   19         circumstances; requiring the property owner or
   20         responsible party selecting the agency term contractor
   21         and the selected agency term contractor to execute a
   22         sworn affidavit testifying to certain terms; requiring
   23         agency term contractors to disclose any conflict of
   24         interest to the department; revising the conditions
   25         for eligibility and methods for payment of costs for
   26         the low-scored site initiative; clarifying that a
   27         change in ownership does not preclude a site from
   28         entering into the program; revising the eligibility
   29         requirements for receiving rehabilitation funding
   30         assistance; increasing the amount of funding
   31         assistance available; amending s. 376.30713, F.S.;
   32         revising the number of sites for certain advanced
   33         cleanup applications; increasing the total amount for
   34         which the department may contract for advanced cleanup
   35         work in a fiscal year; authorizing property owners and
   36         responsible parties to enter into voluntary cost-share
   37         agreements under certain circumstances; providing an
   38         effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (6) of section 376.305, Florida
   43  Statutes, is amended to read:
   44         376.305 Removal of prohibited discharges.—
   45         (6) The Legislature created the Abandoned Tank Restoration
   46  Program in response to the need to provide financial assistance
   47  for cleanup of sites that have abandoned petroleum storage
   48  systems. For purposes of this subsection, the term “abandoned
   49  petroleum storage system” means a petroleum storage system that
   50  has not stored petroleum products for consumption, use, or sale
   51  since March 1, 1990. The department shall establish the
   52  Abandoned Tank Restoration Program to facilitate the restoration
   53  of sites contaminated by abandoned petroleum storage systems.
   54         (a) To be included in the program:
   55         1. An application must be submitted to the department by
   56  June 30, 1996, certifying that the system has not stored
   57  petroleum products for consumption, use, or sale at the facility
   58  since March 1, 1990.
   59         2. The owner or operator of the petroleum storage system
   60  when it was in service must have ceased conducting business
   61  involving consumption, use, or sale of petroleum products at
   62  that facility on or before March 1, 1990.
   63         3. The site is not otherwise eligible for the cleanup
   64  programs pursuant to s. 376.3071 or s. 376.3072.
   65         (b) In order to be eligible for the program, petroleum
   66  storage systems from which a discharge occurred must be closed
   67  pursuant to department rules before an eligibility
   68  determination. However, if the department determines that the
   69  owner of the facility cannot financially comply with the
   70  department’s petroleum storage system closure requirements and
   71  all other eligibility requirements are met, the petroleum
   72  storage system closure requirements shall be waived. The
   73  department shall take into consideration the owner’s net worth
   74  and the economic impact on the owner in making the determination
   75  of the owner’s financial ability. The June 30, 1996, application
   76  deadline shall be waived for owners who cannot financially
   77  comply.
   78         (c) Sites accepted in the program are eligible for site
   79  rehabilitation funding as provided in s. 376.3071.
   80         (d) The following sites are excluded from eligibility:
   81         1. Sites on property of the Federal Government;
   82         2. Sites contaminated by pollutants that are not petroleum
   83  products;
   84         3. Sites where the department has been denied site access;
   85  or
   86         4. Sites which are owned by a person who had knowledge of
   87  the polluting condition when title was acquired unless the
   88  person acquired title to the site after issuance of a notice of
   89  site eligibility by the department.
   90         (e) Participating sites are subject to a deductible as
   91  determined by rule, not to exceed $10,000.
   92  
   93  This subsection does not relieve a person who has acquired title
   94  after July 1, 1992, from the duty to establish by a
   95  preponderance of the evidence that he or she undertook, at the
   96  time of acquisition, all appropriate inquiry into the previous
   97  ownership and use of the property consistent with good
   98  commercial or customary practice in an effort to minimize
   99  liability, as required by s. 376.308(1)(c).
  100         Section 2. Paragraph (b) of subsection (5), paragraph (d)
  101  of subsection (6), paragraph (b) of subsection (12), and
  102  subsection (13) of section 376.3071, Florida Statutes, are
  103  amended, and paragraphs (n) and (o) are added to subsection (6)
  104  of that section, to read:
  105         376.3071 Inland Protection Trust Fund; creation; purposes;
  106  funding.—
  107         (5) SITE SELECTION AND CLEANUP CRITERIA.—
  108         (b) It is the intent of the Legislature to protect the
  109  health of all people under actual circumstances of exposure. The
  110  secretary shall establish criteria by rule for the purpose of
  111  determining, on a site-specific basis, the rehabilitation
  112  program tasks that comprise a site rehabilitation program and
  113  the level at which a rehabilitation program task and a site
  114  rehabilitation program are completed. In establishing the rule,
  115  the department shall incorporate, to the maximum extent
  116  feasible, risk-based corrective action principles approved by
  117  the property owner to achieve protection of the public health,
  118  safety, and welfare, water resources, and the environment in a
  119  cost-effective manner as provided in this subsection. Criteria
  120  for determining what constitutes a rehabilitation program task
  121  or completion of site rehabilitation program tasks and site
  122  rehabilitation programs shall be based upon the factors set
  123  forth in paragraph (a) and the following additional factors:
  124         1. The current exposure and potential risk of exposure to
  125  humans and the environment including multiple pathways of
  126  exposure.
  127         2. The appropriate point of compliance with cleanup target
  128  levels for petroleum products’ chemicals of concern. The point
  129  of compliance shall be at the source of the petroleum
  130  contamination. However, the department may temporarily move the
  131  point of compliance to the boundary of the property, or to the
  132  edge of the plume when the plume is within the property
  133  boundary, while cleanup, including cleanup through natural
  134  attenuation processes in conjunction with appropriate
  135  monitoring, is proceeding. The department may also, pursuant to
  136  criteria provided for in this paragraph, temporarily extend the
  137  point of compliance beyond the property boundary with
  138  appropriate monitoring, if such extension is needed to
  139  facilitate natural attenuation or to address the current
  140  conditions of the plume, if the public health, safety, and
  141  welfare, water resources, and the environment are adequately
  142  protected. Temporary extension of the point of compliance beyond
  143  the property boundary, as provided in this subparagraph, must
  144  include notice to local governments and owners of any property
  145  into which the point of compliance is allowed to extend.
  146         3. The appropriate site-specific cleanup goal. The site
  147  specific cleanup goal shall be that all petroleum contamination
  148  sites ultimately achieve the applicable cleanup target levels
  149  provided in this paragraph. However, the department may allow
  150  concentrations of the petroleum products’ chemicals of concern
  151  to temporarily exceed the applicable cleanup target levels while
  152  cleanup, including cleanup through natural attenuation processes
  153  in conjunction with appropriate monitoring, is proceeding, if
  154  the public health, safety, and welfare, water resources, and the
  155  environment are adequately protected.
  156         4. The appropriateness of using institutional or
  157  engineering controls. Site rehabilitation programs may include
  158  the use of institutional or engineering controls to eliminate
  159  the potential exposure to petroleum products’ chemicals of
  160  concern to humans or the environment. Use of such controls must
  161  have prior department approval and may not be acquired with
  162  moneys from the fund. When institutional or engineering controls
  163  are implemented to control exposure, the removal of such
  164  controls must have prior department approval and must be
  165  accompanied immediately by the resumption of active cleanup or
  166  other approved controls unless cleanup target levels pursuant to
  167  this paragraph have been achieved. Beginning July 1, 2013, site
  168  rehabilitation for a site that qualifies for a conditional
  169  closure or closure with institutional or engineering controls
  170  that require deed restrictions or a work stoppage not due to
  171  insufficient funds may be implemented only with the approval of
  172  the property owner.
  173         5. The additive effects of the petroleum products’
  174  chemicals of concern. The synergistic effects of petroleum
  175  products’ chemicals of concern must also be considered when the
  176  scientific data becomes available.
  177         6. Individual site characteristics which must include, but
  178  not be limited to, the current and projected use of the affected
  179  groundwater in the vicinity of the site, current and projected
  180  land uses of the area affected by the contamination, the exposed
  181  population, the degree and extent of contamination, the rate of
  182  contaminant migration, the apparent or potential rate of
  183  contaminant degradation through natural attenuation processes,
  184  the location of the plume, and the potential for further
  185  migration in relation to site property boundaries.
  186         7. Applicable state water quality standards.
  187         a. Cleanup target levels for petroleum products’ chemicals
  188  of concern found in groundwater shall be the applicable state
  189  water quality standards. Where such standards do not exist, the
  190  cleanup target levels for groundwater shall be based on the
  191  minimum criteria specified in department rule. The department
  192  shall consider the following, as appropriate, in establishing
  193  the applicable minimum criteria: calculations using a lifetime
  194  cancer risk level of 1.0E-6; a hazard index of 1 or less; the
  195  best achievable detection limit; the naturally occurring
  196  background concentration; or nuisance, organoleptic, and
  197  aesthetic considerations.
  198         b. Where surface waters are exposed to petroleum
  199  contaminated groundwater, the cleanup target levels for the
  200  petroleum products’ chemicals of concern shall be based on the
  201  surface water standards as established by department rule. The
  202  point of measuring compliance with the surface water standards
  203  shall be in the groundwater immediately adjacent to the surface
  204  water body.
  205         8. Whether deviation from state water quality standards or
  206  from established criteria is appropriate. The department may
  207  issue a “No Further Action Order” based upon the degree to which
  208  the desired cleanup target level is achievable and can be
  209  reasonably and cost-effectively implemented within available
  210  technologies or engineering and institutional control
  211  strategies. Where a state water quality standard is applicable,
  212  a deviation may not result in the application of cleanup target
  213  levels more stringent than the standard. In determining whether
  214  it is appropriate to establish alternate cleanup target levels
  215  at a site, the department may consider the effectiveness of
  216  source removal that has been completed at the site and the
  217  practical likelihood of the use of low yield or poor quality
  218  groundwater; the use of groundwater near marine surface water
  219  bodies; the current and projected use of the affected
  220  groundwater in the vicinity of the site; or the use of
  221  groundwater in the immediate vicinity of the storage tank area,
  222  where it has been demonstrated that the groundwater
  223  contamination is not migrating away from such localized source,
  224  if the public health, safety, and welfare, water resources, and
  225  the environment are adequately protected.
  226         9. Appropriate cleanup target levels for soils.
  227         a. In establishing soil cleanup target levels for human
  228  exposure to petroleum products’ chemicals of concern found in
  229  soils from the land surface to 2 feet below land surface, the
  230  department shall consider the following, as appropriate:
  231  calculations using a lifetime cancer risk level of 1.0E-6; a
  232  hazard index of 1 or less; the best achievable detection limit;
  233  or the naturally occurring background concentration.
  234         b. Leachability-based soil target levels shall be based on
  235  protection of the groundwater cleanup target levels or the
  236  alternate cleanup target levels for groundwater established
  237  pursuant to this paragraph, as appropriate. Source removal and
  238  other cost-effective alternatives that are technologically
  239  feasible shall be considered in achieving the leachability soil
  240  target levels established by the department. The leachability
  241  goals do not apply if the department determines, based upon
  242  individual site characteristics, that petroleum products’
  243  chemicals of concern will not leach into the groundwater at
  244  levels which pose a threat to public health, safety, and
  245  welfare, water resources, or the environment.
  246  
  247  This paragraph does not restrict the department from temporarily
  248  postponing completion of any site rehabilitation program for
  249  which funds are being expended whenever such postponement is
  250  necessary in order to make funds available for rehabilitation of
  251  a contamination site with a higher priority status.
  252         (6) CONTRACTING AND CONTRACTOR SELECTION REQUIREMENTS.—
  253         (d) The department rules implementing this section must:
  254         1. Specify that only qualified vendors may submit responses
  255  on a competitive solicitation. The department rules must also
  256         2. Include procedures for the rejection of vendors not
  257  meeting the minimum qualifications on the opening of a
  258  competitive solicitation. and
  259         3. Include requirements for a vendor to maintain its
  260  qualifications in order to enter contracts or perform
  261  rehabilitation work.
  262         4. Establish a procedure by October 1, 2015, for the
  263  processing of invoices and the direct assignment of tasks that
  264  are less than $500,000. This procedure may not involve the use
  265  of MyFloridaMarketPlace. Invoices and assignment of tasks may be
  266  processed pursuant to chapter 287.
  267         (n)For sites that are within the priority scoring range
  268  eligible for funding, excluding sites that are within a cost
  269  share program, a site owner or operator may select three agency
  270  term contractors. The department will then select one of the
  271  three agency term contractors based on the best value to be
  272  determined by a combination of the agency term contractor’s
  273  Invitation to Negotiate ranking and Schedule E rates.
  274         (o)1. Both the selected agency term contractor and the
  275  property owner, or responsible party, who selects the agency
  276  term contractor must execute a sworn affidavit testifying that
  277  neither party has solicited, offered, accepted, paid, or
  278  received any compensation, remuneration, or gift of any kind,
  279  directly or indirectly, in exchange for the selection of the
  280  agency term contractor in connection with the cleanup of the
  281  petroleum contaminated property, except for the compensation
  282  paid by the department to the agency term contractor pursuant to
  283  the agency term contractor’s contract with the department. If
  284  the department subsequently determines that remuneration did
  285  occur, the department may seek recovery of the costs of cleanup
  286  of specific properties from all parties responsible for the
  287  property contamination, and the property is ineligible for
  288  participation in any cleanup program.
  289         2. Pursuant to the terms and conditions of the agency term
  290  contractor’s contract with the department, the agency term
  291  contractor must disclose any conflict of interest to the
  292  department. The agency term contractor shall be conclusively
  293  determined to have a conflict of interest with regard to any
  294  site if it has given or offered remuneration, in cash or in
  295  kind, directly or indirectly, to the property owner or
  296  responsible party, or the owner’s or responsible party’s
  297  designee, to obtain work associated with such property. The
  298  department retains the right to investigate and determine if an
  299  agency term contractor has a conflict of interest with regard to
  300  any property. The department may terminate the agency term
  301  contractor’s contract with the department or may terminate the
  302  agency term contractor’s work assignment to a particular
  303  property based upon the department’s assessment of the potential
  304  conflict of interest.
  305         (12) SITE CLEANUP.—
  306         (b) Low-scored site initiative.—Notwithstanding subsections
  307  (5) and (6), a site with a priority ranking score of 29 points
  308  or less may voluntarily participate in the low-scored site
  309  initiative regardless of whether the site is eligible for state
  310  restoration funding.
  311         1. To participate in the low-scored site initiative, the
  312  responsible party or property owner must affirmatively
  313  demonstrate that the following conditions are met:
  314         a. Upon reassessment pursuant to department rule, the site
  315  retains a priority ranking score of 29 points or less.
  316         b. Excessively contaminated soil, as defined by department
  317  rule, does not exist onsite as a result of a release of
  318  petroleum products.
  319         c. A minimum of 6 months of groundwater monitoring
  320  indicates that the plume is shrinking or stable.
  321         d. The release of petroleum products at the site does not
  322  adversely affect adjacent surface waters, including their
  323  effects on human health and the environment.
  324         e. The area of groundwater containing the petroleum
  325  products’ chemicals of concern is less than one-quarter acre and
  326  is confined to the source property boundaries of the real
  327  property on which the discharge originated or is located below a
  328  state road or a state road’s right-of-way.
  329         f. Soils onsite that are subject to human exposure found
  330  between land surface and 2 feet below land surface meet the soil
  331  cleanup target levels established by department rule or human
  332  exposure is limited by appropriate institutional or engineering
  333  controls.
  334         2. Upon affirmative demonstration of the conditions under
  335  subparagraph 1., the department shall issue a determination of
  336  “No Further Action.” Such determination acknowledges that
  337  minimal contamination exists onsite and that such contamination
  338  is not a threat to the public health, safety, or welfare, water
  339  resources, or the environment. If no contamination is detected,
  340  the department may issue a site rehabilitation completion order.
  341         3. Sites that are eligible for state restoration funding
  342  may receive payment of costs for the low-scored site initiative
  343  as follows:
  344         a. A responsible party or property owner may submit an
  345  assessment plan designed to affirmatively demonstrate that the
  346  site meets the conditions under subparagraph 1. Notwithstanding
  347  the priority ranking score of the site, the department may
  348  approve the cost of the assessment, including 6 months of
  349  groundwater monitoring, not to exceed $35,000 $30,000 for each
  350  site. The department may not pay the costs associated with the
  351  establishment of institutional or engineering controls.
  352         b. Following the assessment, the department may approve up
  353  to an additional $35,000 for interim source removal pursuant to
  354  department rule to achieve a “No Further Action” order or a site
  355  rehabilitation completion order pursuant to subparagraph 2.
  356         c. For low-scored site initiative sites that were completed
  357  before July 1, 2015, the department may approve up to an
  358  additional $35,000 for supplemental site assessment pursuant to
  359  department rule or to achieve a “No Further Action” order or a
  360  site rehabilitation completion order pursuant to subparagraph 2.
  361         d. To provide pricing levels on the best terms to the
  362  department, only an agency term contractor may participate in
  363  the low-scored site initiative.
  364         e. Completed low-scored site initiative sites shall be
  365  granted priority 2 scoring status for ongoing assessment or
  366  remedial activity pursuant to department rule.
  367         f.b.All The assessment work shall be completed no later
  368  than 9 6 months after the department issues its approval. If
  369  groundwater monitoring is required after the assessment in order
  370  to satisfy the conditions of sub-subparagraph 1.c., the
  371  department may authorize an additional 6 months to complete the
  372  monitoring.
  373         g.c. No more than $10 million for the low-scored site
  374  initiative may be encumbered from the fund in any fiscal year.
  375  Funds shall be made available on a first-come, first-served
  376  basis and shall be limited to 10 sites in each fiscal year for
  377  each responsible party or property owner.
  378         h.d. Program deductibles, copayments, and the limited
  379  contamination assessment report requirements under paragraph
  380  (13)(c) do not apply to expenditures under this paragraph.
  381         (13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
  382  detection, reporting, and cleanup of contamination caused by
  383  discharges of petroleum or petroleum products, the department
  384  shall, within the guidelines established in this subsection,
  385  implement a cost-sharing cleanup program to provide
  386  rehabilitation funding assistance for all property contaminated
  387  by discharges of petroleum or petroleum products from a
  388  petroleum storage system occurring before January 1, 1995,
  389  subject to a copayment provided for in a Petroleum Cleanup
  390  Participation Program site rehabilitation agreement. Eligibility
  391  is subject to an annual appropriation from the fund.
  392  Additionally, funding for eligible sites is contingent upon
  393  annual appropriation in subsequent years. Such continued state
  394  funding is not an entitlement or a vested right under this
  395  subsection. Eligibility shall be determined in the program,
  396  notwithstanding any other provision of law, consent order,
  397  order, judgment, or ordinance to the contrary.
  398         (a)1. The department shall accept any discharge reporting
  399  form received before January 1, 1995, as an application for this
  400  program, and the facility owner or operator need not reapply.
  401         2. Owners or operators of property, regardless of whether
  402  ownership has changed, which is contaminated by petroleum or
  403  petroleum products from a petroleum storage system may apply for
  404  such program by filing a written report of the contamination
  405  incident, including evidence that such incident occurred before
  406  January 1, 1995, with the department. Incidents of petroleum
  407  contamination discovered after December 31, 1994, at sites which
  408  have not stored petroleum or petroleum products for consumption,
  409  use, or sale after such date shall be presumed to have occurred
  410  before January 1, 1995. An operator’s filed report shall be an
  411  application of the owner for all purposes. Sites reported to the
  412  department after December 31, 1998, are not eligible for the
  413  program.
  414         (b) Subject to annual appropriation from the fund, sites
  415  meeting the criteria of this subsection are eligible for up to
  416  $1 million $400,000 of site rehabilitation funding assistance in
  417  priority order pursuant to subsections (5) and (6). Sites
  418  meeting the criteria of this subsection for which a site
  419  rehabilitation completion order was issued before June 1, 2008,
  420  do not qualify for the 2008 increase in site rehabilitation
  421  funding assistance and are bound by the pre-June 1, 2008,
  422  limits. Sites meeting the criteria of this subsection for which
  423  a site rehabilitation completion order was not issued before
  424  June 1, 2008, regardless of whether they have previously
  425  transitioned to nonstate-funded cleanup status, may continue
  426  state-funded cleanup pursuant to this section until a site
  427  rehabilitation completion order is issued or the increased site
  428  rehabilitation funding assistance limit is reached, whichever
  429  occurs first. The department may not pay expenses incurred
  430  beyond the scope of an approved contract.
  431         (c) Upon notification by the department that rehabilitation
  432  funding assistance is available for the site pursuant to
  433  subsections (5) and (6), the owner, operator, or person
  434  otherwise responsible for site rehabilitation shall provide the
  435  department with a limited contamination assessment report and
  436  shall enter into a Petroleum Cleanup Participation Program site
  437  rehabilitation agreement with the department. The agreement must
  438  provide for a 25-percent copayment by the owner, operator, or
  439  person otherwise responsible for conducting site rehabilitation.
  440  The owner, operator, or person otherwise responsible for
  441  conducting site rehabilitation shall adequately demonstrate the
  442  ability to meet the copayment obligation. The limited
  443  contamination assessment report and the copayment costs may be
  444  reduced or eliminated if the owner and all operators responsible
  445  for restoration under s. 376.308 demonstrate that they cannot
  446  financially comply with the copayment and limited contamination
  447  assessment report requirements. The department shall take into
  448  consideration the owner’s and operator’s net worth in making the
  449  determination of financial ability. In the event the department
  450  and the owner, operator, or person otherwise responsible for
  451  site rehabilitation cannot complete negotiation of the cost
  452  sharing agreement within 120 days after beginning negotiations,
  453  the department shall terminate negotiations and the site shall
  454  be ineligible for state funding under this subsection and all
  455  liability protections provided for in this subsection shall be
  456  revoked.
  457         (d) A report of a discharge made to the department by a
  458  person pursuant to this subsection or any rules adopted pursuant
  459  to this subsection may not be used directly as evidence of
  460  liability for such discharge in any civil or criminal trial
  461  arising out of the discharge.
  462         (e) This subsection does not preclude the department from
  463  pursuing penalties under s. 403.141 for violations of any law or
  464  any rule, order, permit, registration, or certification adopted
  465  or issued by the department pursuant to its lawful authority.
  466         (f) Upon the filing of a discharge reporting form under
  467  paragraph (a), the department or local government may not pursue
  468  any judicial or enforcement action to compel rehabilitation of
  469  the discharge. This paragraph does not prevent any such action
  470  with respect to discharges determined ineligible under this
  471  subsection or to sites for which rehabilitation funding
  472  assistance is available pursuant to subsections (5) and (6).
  473         (g) The following are excluded from participation in the
  474  program:
  475         1. Sites at which the department has been denied reasonable
  476  site access to implement this section.
  477         2. Sites that were active facilities when owned or operated
  478  by the Federal Government.
  479         3. Sites that are identified by the United States
  480  Environmental Protection Agency to be on, or which qualify for
  481  listing on, the National Priorities List under Superfund. This
  482  exception does not apply to those sites for which eligibility
  483  has been requested or granted as of the effective date of this
  484  act under the Early Detection Incentive Program established
  485  pursuant to s. 15, chapter 86-159, Laws of Florida.
  486         4. Sites for which contamination is covered under the Early
  487  Detection Incentive Program, the Abandoned Tank Restoration
  488  Program, or the Petroleum Liability and Restoration Insurance
  489  Program, in which case site rehabilitation funding assistance
  490  shall continue under the respective program.
  491         Section 3. Paragraph (a) of subsection (2) and subsection
  492  (4) of section 376.30713, Florida Statutes, are amended to read:
  493         376.30713 Advanced cleanup.—
  494         (2) The department may approve an application for advanced
  495  cleanup at eligible sites, before funding based on the site’s
  496  priority ranking established pursuant to s. 376.3071(5)(a),
  497  pursuant to this section. Only the facility owner or operator or
  498  the person otherwise responsible for site rehabilitation
  499  qualifies as an applicant under this section.
  500         (a) Advanced cleanup applications may be submitted between
  501  May 1 and June 30 and between November 1 and December 31 of each
  502  fiscal year. Applications submitted between May 1 and June 30
  503  shall be for the fiscal year beginning July 1. An application
  504  must consist of:
  505         1. A commitment to pay 25 percent or more of the total
  506  cleanup cost deemed recoverable under this section along with
  507  proof of the ability to pay the cost share. An application
  508  proposing that the department enter into a performance-based
  509  contract for the cleanup of 10 20 or more sites may use a
  510  commitment to pay, a demonstrated cost savings to the
  511  department, or both to meet the cost-share requirement. For an
  512  application relying on a demonstrated cost savings to the
  513  department, the applicant shall, in conjunction with the
  514  proposed agency term contractor, establish and provide in the
  515  application the percentage of cost savings in the aggregate that
  516  is being provided to the department for cleanup of the sites
  517  under the application compared to the cost of cleanup of those
  518  same sites using the current rates provided to the department by
  519  the proposed agency term contractor. The department shall
  520  determine whether the cost savings demonstration is acceptable.
  521  Such determination is not subject to chapter 120.
  522         2. A nonrefundable review fee of $250 to cover the
  523  administrative costs associated with the department’s review of
  524  the application.
  525         3. A limited contamination assessment report.
  526         4. A proposed course of action.
  527  
  528  The limited contamination assessment report must be sufficient
  529  to support the proposed course of action and to estimate the
  530  cost of the proposed course of action. Costs incurred related to
  531  conducting the limited contamination assessment report are not
  532  refundable from the Inland Protection Trust Fund. Site
  533  eligibility under this subsection or any other provision of this
  534  section is not an entitlement to advanced cleanup or continued
  535  restoration funding. The applicant shall certify to the
  536  department that the applicant has the prerequisite authority to
  537  enter into an advanced cleanup contract with the department. The
  538  certification must be submitted with the application.
  539         (4) The department may enter into contracts for a total of
  540  up to $25 $15 million of advanced cleanup work in each fiscal
  541  year. However, a facility or an applicant who bundles multiple
  542  sites as specified in subparagraph (2)(a)1. may not be approved
  543  for more than $5 million of cleanup activity in each fiscal
  544  year. A property owner or responsible party may enter into a
  545  voluntary cost-share agreement in which the property owner or
  546  responsible party commits to bundle multiple sites and lists the
  547  facilities that will be included in those future bundles. The
  548  facilities listed are not subject to agency term contractor
  549  assignment pursuant to department rule. The department reserves
  550  the right to terminate the voluntary cost-share agreement if the
  551  property owner or responsible party fails to submit an
  552  application to bundle multiple sites within an open application
  553  period in which it is eligible to participate. For the purposes
  554  of this section, the term “facility” includes, but is not
  555  limited to, multiple site facilities such as airports, port
  556  facilities, and terminal facilities even though such enterprises
  557  may be treated as separate facilities for other purposes under
  558  this chapter.
  559         Section 4. This act shall take effect July 1, 2015.