Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 100
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/03/2016           .                                

       The Committee on Appropriations (Hukill) recommended the
    1         Senate Amendment to Amendment (334112) 
    3         Delete lines 331 - 610
    4  and insert:
    5  remediation, including up to 12 6 months of groundwater
    6  monitoring and 12 months of limited remediation activities in
    7  one or more task assignments or modifications thereof, not to
    8  exceed the threshold amount provided in s. 287.017 for CATEGORY
    9  TWO, $30,000 for each site where the department has determined
   10  that the assessment and limited remediation, if applicable, will
   11  likely result in a determination of “No Further Action.”. The
   12  department may not pay the costs associated with the
   13  establishment of institutional or engineering controls other
   14  than the costs associated with a professional land survey or a
   15  specific purpose survey, if such is needed, and the costs
   16  associated with obtaining a title report and paying recording
   17  fees.
   18         b. After the approval of initial site assessment results
   19  provided pursuant to state funding under sub-subparagraph a.,
   20  the department may approve an additional amount not to exceed
   21  the threshold amount provided in s. 287.017 for CATEGORY TWO for
   22  limited remediation needed to achieve a determination of “No
   23  Further Action.”
   24         c.b. The assessment and limited remediation work shall be
   25  completed no later than 15 6 months after the department
   26  authorizes the start of a state-funded, low-score site
   27  initiative task. If groundwater monitoring is required after the
   28  assessment and limited remediation in order to satisfy the
   29  conditions under subparagraph 4., the department may authorize
   30  an additional 12 months to complete the monitoring issues its
   31  approval.
   32         d.c. No more than $15 $10 million for the low-scored site
   33  initiative may be encumbered from the fund in any fiscal year.
   34  Funds shall be made available on a first-come, first-served
   35  basis and shall be limited to 10 sites in each fiscal year for
   36  each responsible party or property owner or each responsible
   37  party who provides evidence of authorization from the property
   38  owner.
   39         e.d. Program deductibles, copayments, and the limited
   40  contamination assessment report requirements under paragraph
   41  (13)(d) (13)(c) do not apply to expenditures under this
   42  paragraph.
   43         4.The department shall issue an order incorporating the
   44  “No Further Action” proposal submitted by a property owner or a
   45  responsible party who provides evidence of authorization from
   46  the property owner upon affirmative demonstration that all of
   47  the following conditions are met:
   48         a. Soil saturated with petroleum or petroleum products, or
   49  soil that causes a total corrected hydrocarbon measurement of
   50  500 parts per million or higher for the Gasoline Analytical
   51  Group or 50 parts per million or higher for the Kerosene
   52  Analytical Group, as defined by department rule, does not exist
   53  onsite as a result of a release of petroleum products.
   54         b. A minimum of 12 months of groundwater monitoring
   55  indicates that the plume is shrinking or stable.
   56         c. The release of petroleum products at the site does not
   57  adversely affect adjacent surface waters, including their
   58  effects on human health and the environment.
   59         d. The area containing the petroleum products’ chemicals of
   60  concern:
   61         (I)Is confined to the source property boundaries of the
   62  real property on which the discharge originated; or
   63         (II)Has migrated from the source property onto or beneath
   64  a transportation facility as defined s. 334.03(30) for which the
   65  department has approved, and governmental entity owning the
   66  transportation facility has agreed to institutional controls as
   67  defined in s. 376.301(21). This sub-sub-subparagraph does not,
   68  however, impose any legal liability on the transportation
   69  facility owner, obligate such owner to engage in remediation, or
   70  waive such owner’s right to recover costs for damages.
   71         e. The groundwater contamination containing the petroleum
   72  products’ chemicals of concern is not a threat to any permitted
   73  potable water supply well.
   74         f. Soils onsite found between land surface and 2 feet below
   75  land surface which are subject to human exposure meet the soil
   76  cleanup target levels established in subparagraph (5)(b)9., or
   77  human exposure is limited by appropriate institutional or
   78  engineering controls.
   80  Issuance of a site rehabilitation completion order under this
   81  paragraph acknowledges that minimal contamination exists onsite
   82  and that such contamination is not a threat to the public
   83  health, safety, or welfare; water resources; or the environment.
   84  Pursuant to subsection (4), the issuance of the site
   85  rehabilitation completion order, with or without conditions,
   86  does not alter eligibility for state-funded rehabilitation that
   87  would otherwise be applicable under this section.
   89  detection, reporting, and cleanup of contamination caused by
   90  discharges of petroleum or petroleum products, the department
   91  shall, within the guidelines established in this subsection,
   92  implement a cost-sharing cleanup program to provide
   93  rehabilitation funding assistance for all property contaminated
   94  by discharges of petroleum or petroleum products from a
   95  petroleum storage system occurring before January 1, 1995,
   96  subject to a copayment provided for in a Petroleum Cleanup
   97  Participation Program site rehabilitation agreement. Eligibility
   98  is subject to an annual appropriation from the fund.
   99  Additionally, funding for eligible sites is contingent upon
  100  annual appropriation in subsequent years. Such continued state
  101  funding is not an entitlement or a vested right under this
  102  subsection. Eligibility shall be determined in the program,
  103  notwithstanding any other provision of law, consent order,
  104  order, judgment, or ordinance to the contrary.
  105         (a)1. The department shall accept any discharge reporting
  106  form received before January 1, 1995, as an application for this
  107  program, and the facility owner or operator need not reapply.
  108         2. Regardless of whether ownership has changed, owners or
  109  operators of property that is contaminated by petroleum or
  110  petroleum products from a petroleum storage system may apply for
  111  such program by filing a written report of the contamination
  112  incident, including evidence that such incident occurred before
  113  January 1, 1995, with the department. Incidents of petroleum
  114  contamination discovered after December 31, 1994, at sites which
  115  have not stored petroleum or petroleum products for consumption,
  116  use, or sale after such date shall be presumed to have occurred
  117  before January 1, 1995. An operator’s filed report shall be an
  118  application of the owner for all purposes. Sites reported to the
  119  department after December 31, 1998, are not eligible for the
  120  program.
  121         (b) Subject to annual appropriation from the fund, sites
  122  meeting the criteria of this subsection are eligible for up to
  123  $400,000 of site rehabilitation funding assistance in priority
  124  order pursuant to subsections (5) and (6). Sites meeting the
  125  criteria of this subsection for which a site rehabilitation
  126  completion order was issued before June 1, 2008, do not qualify
  127  for the 2008 increase in site rehabilitation funding assistance
  128  and are bound by the pre-June 1, 2008, limits. Sites meeting the
  129  criteria of this subsection for which a site rehabilitation
  130  completion order was not issued before June 1, 2008, regardless
  131  of whether they have previously transitioned to nonstate-funded
  132  cleanup status, may continue state-funded cleanup pursuant to
  133  this section until a site rehabilitation completion order is
  134  issued or the increased site rehabilitation funding assistance
  135  limit is reached, whichever occurs first. The department may not
  136  pay expenses incurred beyond the scope of an approved contract.
  137         (c) The department may also approve supplemental funding of
  138  up to $100,000 for additional remediation and monitoring if such
  139  remediation and monitoring is necessary to achieve a
  140  determination of “No Further Action.”
  141         (d) Upon notification by the department that rehabilitation
  142  funding assistance is available for the site pursuant to
  143  subsections (5) and (6), the property owner, operator, or person
  144  otherwise responsible for site rehabilitation shall provide the
  145  department with a limited contamination assessment report and
  146  shall enter into a Petroleum Cleanup Participation Program site
  147  rehabilitation agreement with the department. The agreement must
  148  provide for a 25-percent copayment by the owner, operator, or
  149  person otherwise responsible for conducting site rehabilitation.
  150  The owner, operator, or person otherwise responsible for
  151  conducting site rehabilitation shall adequately demonstrate the
  152  ability to meet the copayment obligation. The limited
  153  contamination assessment report and the copayment costs may be
  154  reduced or eliminated if the owner and all operators responsible
  155  for restoration under s. 376.308 demonstrate that they cannot
  156  financially comply with the copayment and limited contamination
  157  assessment report requirements. The department shall take into
  158  consideration the owner’s and operator’s net worth in making the
  159  determination of financial ability. In the event the department
  160  and the owner, operator, or person otherwise responsible for
  161  site rehabilitation cannot complete negotiation of the cost
  162  sharing agreement within 120 days after beginning negotiations,
  163  the department shall terminate negotiations and the site shall
  164  be ineligible for state funding under this subsection and all
  165  liability protections provided for in this subsection shall be
  166  revoked.
  167         (e)(d) A report of a discharge made to the department by a
  168  person pursuant to this subsection or any rules adopted pursuant
  169  to this subsection may not be used directly as evidence of
  170  liability for such discharge in any civil or criminal trial
  171  arising out of the discharge.
  172         (f)(e) This subsection does not preclude the department
  173  from pursuing penalties under s. 403.141 for violations of any
  174  law or any rule, order, permit, registration, or certification
  175  adopted or issued by the department pursuant to its lawful
  176  authority.
  177         (g)(f) Upon the filing of a discharge reporting form under
  178  paragraph (a), the department or local government may not pursue
  179  any judicial or enforcement action to compel rehabilitation of
  180  the discharge. This paragraph does not prevent any such action
  181  with respect to discharges determined ineligible under this
  182  subsection or to sites for which rehabilitation funding
  183  assistance is available pursuant to subsections (5) and (6).
  184         (h)(g) The following are excluded from participation in the
  185  program:
  186         1. Sites at which the department has been denied reasonable
  187  site access to implement this section.
  188         2. Sites that were active facilities when owned or operated
  189  by the Federal Government.
  190         3. Sites that are identified by the United States
  191  Environmental Protection Agency to be on, or which qualify for
  192  listing on, the National Priorities List under Superfund. This
  193  exception does not apply to those sites for which eligibility
  194  has been requested or granted as of the effective date of this
  195  act under the Early Detection Incentive Program established
  196  pursuant to s. 15, chapter 86-159, Laws of Florida.
  197         4. Sites for which contamination is covered under the Early
  198  Detection Incentive Program, the Abandoned Tank Restoration
  199  Program, or the Petroleum Liability and Restoration Insurance
  200  Program, in which case site rehabilitation funding assistance
  201  shall continue under the respective program.
  202         Section 3. Paragraph (d) of subsection (1), paragraph (a)
  203  of subsection (2), and subsection (4) of section 376.30713,
  204  Florida Statutes, are amended to read:
  205         376.30713 Advanced cleanup.—
  206         (1) In addition to the legislative findings provided in s.
  207  376.3071, the Legislature finds and declares:
  208         (d) It is appropriate for a person who is responsible for
  209  site rehabilitation to share the costs associated with managing
  210  and conducting advanced cleanup, to facilitate the opportunity
  211  for advanced cleanup, and to mitigate the additional costs that
  212  will be incurred by the state in conducting site rehabilitation
  213  in advance of the site’s priority ranking. Such cost sharing
  214  will result in more contaminated sites being cleaned up and
  215  greater environmental benefits to the state. This section is
  216  only available for sites eligible for restoration funding under
  217  EDI, ATRP, or PLRIP. This section is available for discharges
  218  eligible for restoration funding under the petroleum cleanup
  219  participation program for the state’s cost share of site
  220  rehabilitation. Applications must include a cost-sharing
  221  commitment for this section in addition to the 25-percent
  222  copayment requirement of the petroleum cleanup participation
  223  program. This section is not available for any discharge under a
  224  petroleum cleanup participation program where the 25-percent
  225  copayment requirement of the petroleum cleanup participation
  226  program has been reduced or eliminated pursuant to s.
  227  376.3071(13)(d) s. 376.3071(13)(c).
  228         (2) The department may approve an application for advanced
  229  cleanup at eligible sites, notwithstanding before funding based
  230  on the site’s priority ranking established pursuant to s.
  231  376.3071(5)(a), pursuant to this section. Only the facility
  232  owner or operator or the person otherwise responsible for site
  233  rehabilitation qualifies as an applicant under this section.
  234         (a) Advanced cleanup applications may be submitted between
  235  May 1 and June 30 and between November 1 and December 31 of each
  236  fiscal year. Applications submitted between May 1 and June 30
  237  shall be for the fiscal year beginning July 1. An application
  238  must consist of:
  239         1. A commitment to pay 25 percent or more of the total
  240  cleanup cost deemed recoverable under this section along with
  241  proof of the ability to pay the cost share. The department shall
  242  determine whether the cost savings demonstration is acceptable.
  243  Such determination is not subject to chapter 120.
  244         a.Applications for the aggregate cleanup of 5 or more
  245  sites may be submitted in one of two formats to meet the cost
  246  share requirement:
  247         (I)For an aggregate application proposing that the
  248  department enter into a performance-based contract for the
  249  cleanup of 20 or more sites may use a commitment to pay, a
  250  demonstrated cost savings to the department, or both to meet the
  251  cost-share requirement.
  252         (II) For an aggregate application relying on a demonstrated
  253  cost savings to the department, the applicant shall, in
  254  conjunction with the proposed agency term contractor, establish
  255  and provide in the application the percentage of cost savings in
  256  the aggregate that is being provided to the department for
  257  cleanup of the sites under the application compared to the cost
  258  of cleanup of those same sites using the current rates provided
  259  to the department by the proposed agency term contractor. The
  260  department shall determine whether the cost savings
  261  demonstration is acceptable. Such determination is not subject
  262  to chapter 120.
  263         b.Applications for the cleanup of individual sites may be
  264  submitted in one of two formats to meet the cost-share
  265  requirement:
  266         (I)For an individual application proposing that the
  267  department enter into a performance-based contract may use a
  268  commitment to pay, a demonstrated cost savings to the
  269  department, or both to meet the requirement.
  270         (II)For an individual application relying on a
  271  demonstrated cost savings to the department, the applicant
  272  shall, in conjunction with the proposed agency term contractor,
  273  establish and provide in the application a 25-percent cost
  274  savings to the department for cleanup of the site under the
  275  application compared to the cost of cleanup of the same site
  276  using the current rates provided to the department by the
  277  proposed agency term contractor.
  278         2. A nonrefundable review fee of $250 to cover the
  279  administrative costs associated with the department’s review of
  280  the application.
  281         3. A limited contamination assessment report.
  282         4. A proposed course of action.
  283         5.A department site access agreement, or similar
  284  agreements approved by the department that do not violate state
  285  law, entered into with the property owner or owners, as
  286  applicable, and evidence of authorization from such