Florida Senate - 2016                              CS for SB 100
       By the Committee on Appropriations; and Senator Simpson
       576-03002-16                                           2016100c1
    1                        A bill to be entitled                      
    2         An act relating to the Petroleum Restoration Program;
    3         amending s. 376.305, F.S.; revising the eligibility
    4         requirements of the Abandoned Tank Restoration
    5         Program; deleting provisions prohibiting the relief of
    6         liability for persons who acquired title after a
    7         certain date; amending s. 376.3071, F.S.; revising
    8         legislative intent and purpose; deleting an expiration
    9         date; revising the criteria for determining what
   10         constitutes certain rehabilitation program tasks;
   11         revising the conditions for eligibility and methods
   12         for payment of costs for the low-scored site
   13         initiative; revising the eligibility requirements for
   14         receiving rehabilitation funding; specifying that the
   15         issuance of a site rehabilitation completion order
   16         does not alter eligibility for state-funded
   17         remediation under certain circumstances; clarifying
   18         that a change in ownership does not preclude a site
   19         from entering into the program; providing additional
   20         funding for remediation and monitoring under certain
   21         circumstances; amending s. 376.30713, F.S.; revising
   22         advanced cleanup application requirements; increasing
   23         the total amount for which the department may contract
   24         for advanced cleanup work in a fiscal year;
   25         authorizing property owners and responsible parties to
   26         enter into voluntary cost-share agreements under
   27         certain circumstances; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Subsection (6) of section 376.305, Florida
   32  Statutes, is amended to read:
   33         376.305 Removal of prohibited discharges.—
   34         (6) The Legislature created the Abandoned Tank Restoration
   35  Program in response to the need to provide financial assistance
   36  for cleanup of sites that have abandoned petroleum storage
   37  systems. For purposes of this subsection, the term “abandoned
   38  petroleum storage system” means a petroleum storage system that
   39  has not stored petroleum products for consumption, use, or sale
   40  since March 1, 1990. The department shall establish the
   41  Abandoned Tank Restoration Program to facilitate the restoration
   42  of sites contaminated by abandoned petroleum storage systems.
   43         (a) To be included in the program:
   44         1. An application must be submitted to the department by
   45  June 30, 1996, certifying that the system has not stored
   46  petroleum products for consumption, use, or sale at the facility
   47  since March 1, 1990.
   48         2. The owner or operator of the petroleum storage system
   49  when it was in service must have ceased conducting business
   50  involving consumption, use, or sale of petroleum products at
   51  that facility on or before March 1, 1990.
   52         3. The site is not otherwise eligible for the cleanup
   53  programs pursuant to s. 376.3071 or s. 376.3072.
   54         4. The site is not otherwise eligible for the Petroleum
   55  Cleanup Participation Program under s. 376.3071(13) based on any
   56  discharge reporting form received by the department before
   57  January 1, 1995, or a written report of contamination submitted
   58  to the department on or before December 31, 1998.
   59         (b) In order to be eligible for the program, petroleum
   60  storage systems from which a discharge occurred must be closed
   61  pursuant to department rules before an eligibility
   62  determination. However, if the department determines that the
   63  owner of the facility cannot financially comply with the
   64  department’s petroleum storage system closure requirements and
   65  all other eligibility requirements are met, the petroleum
   66  storage system closure requirements shall be waived. The
   67  department shall take into consideration the owner’s net worth
   68  and the economic impact on the owner in making the determination
   69  of the owner’s financial ability. The June 30, 1996, application
   70  deadline shall be waived for owners who cannot financially
   71  comply.
   72         (c) Sites accepted in the program are eligible for site
   73  rehabilitation funding as provided in s. 376.3071.
   74         (d) The following sites are excluded from eligibility:
   75         1. Sites on property of the Federal Government;
   76         2. Sites contaminated by pollutants that are not petroleum
   77  products; or
   78         3. Sites where the department has been denied site access;
   79  or
   80         4. Sites which are owned by a person who had knowledge of
   81  the polluting condition when title was acquired unless the
   82  person acquired title to the site after issuance of a notice of
   83  site eligibility by the department.
   84         (e) Participating sites are subject to a deductible as
   85  determined by rule, not to exceed $10,000.
   87  This subsection does not relieve a person who has acquired title
   88  after July 1, 1992, from the duty to establish by a
   89  preponderance of the evidence that he or she undertook, at the
   90  time of acquisition, all appropriate inquiry into the previous
   91  ownership and use of the property consistent with good
   92  commercial or customary practice in an effort to minimize
   93  liability, as required by s. 376.308(1)(c).
   94         Section 2. Paragraph (b) of subsection (2), subsection (4),
   95  paragraph (b) of subsection (5), paragraph (b) of subsection
   96  (12), and subsection (13) of section 376.3071, Florida Statutes,
   97  are amended to read:
   98         376.3071 Inland Protection Trust Fund; creation; purposes;
   99  funding.—
  100         (2) INTENT AND PURPOSE.—
  101         (b) It is the intent of the Legislature that the department
  102  implement rules and procedures to improve the efficiency and
  103  productivity of the Petroleum Restoration Program. The
  104  department is directed to implement rules and policies to
  105  eliminate and reduce duplication of site rehabilitation efforts,
  106  paperwork, and documentation, and micromanagement of site
  107  rehabilitation tasks. The department shall make efficiency and
  108  productivity a priority in the administration of the Petroleum
  109  Restoration Program and to this end, when necessary, shall use
  110  petroleum program contracted services to improve the efficiency
  111  and productivity of the program. Furthermore, when implementing
  112  rules and procedures to improve such efficiency and
  113  productivity, the department shall recognize and consider the
  114  potential value of utilizing contracted inspection and
  115  professional resources to efficiently and productively
  116  administer the program.
  117         (4) USES.—Whenever, in its determination, incidents of
  118  inland contamination related to the storage of petroleum or
  119  petroleum products may pose a threat to the public health,
  120  safety, or welfare, water resources, or the environment, the
  121  department shall obligate moneys available in the fund to
  122  provide for:
  123         (a) Prompt investigation and assessment of contamination
  124  sites.
  125         (b) Expeditious restoration or replacement of potable water
  126  supplies as provided in s. 376.30(3)(c)1.
  127         (c) Rehabilitation of contamination sites, which shall
  128  consist of cleanup of affected soil, groundwater, and inland
  129  surface waters, using the most cost-effective alternative that
  130  is technologically feasible and reliable and that provides
  131  adequate protection of the public health, safety, and welfare,
  132  and water resources, and that minimizes environmental damage,
  133  pursuant to the site selection and cleanup criteria established
  134  by the department under subsection (5), except that this
  135  paragraph does not authorize the department to obligate funds
  136  for payment of costs which may be associated with, but are not
  137  integral to, site rehabilitation, such as the cost for
  138  retrofitting or replacing petroleum storage systems.
  139         (d) Maintenance and monitoring of contamination sites.
  140         (e) Inspection and supervision of activities described in
  141  this subsection.
  142         (f) Payment of expenses incurred by the department in its
  143  efforts to obtain from responsible parties the payment or
  144  recovery of reasonable costs resulting from the activities
  145  described in this subsection.
  146         (g) Payment of any other reasonable costs of
  147  administration, including those administrative costs incurred by
  148  the Department of Health in providing field and laboratory
  149  services, toxicological risk assessment, and other assistance to
  150  the department in the investigation of drinking water
  151  contamination complaints and costs associated with public
  152  information and education activities.
  153         (h) Establishment and implementation of the compliance
  154  verification program as authorized in s. 376.303(1)(a),
  155  including contracting with local governments or state agencies
  156  to provide for the administration of such program through
  157  locally administered programs, to minimize the potential for
  158  further contamination sites.
  159         (i) Funding of the provisions of ss. 376.305(6) and
  160  376.3072.
  161         (j) Activities related to removal and replacement of
  162  petroleum storage systems, exclusive of costs of any tank,
  163  piping, dispensing unit, or related hardware, if soil removal is
  164  approved as a component of site rehabilitation and requires
  165  removal of the tank where remediation is conducted under this
  166  section or if such activities were justified in an approved
  167  remedial action plan.
  168         (k) Reasonable costs of restoring property as nearly as
  169  practicable to the conditions which existed before activities
  170  associated with contamination assessment or remedial action
  171  taken under s. 376.303(4).
  172         (l) Repayment of loans to the fund.
  173         (m) Expenditure of sums from the fund to cover ineligible
  174  sites or costs as set forth in subsection (13), if the
  175  department in its discretion deems it necessary to do so. In
  176  such cases, the department may seek recovery and reimbursement
  177  of costs in the same manner and pursuant to the same procedures
  178  established for recovery and reimbursement of sums otherwise
  179  owed to or expended from the fund.
  180         (n) Payment of amounts payable under any service contract
  181  entered into by the department pursuant to s. 376.3075, subject
  182  to annual appropriation by the Legislature.
  183         (o) Petroleum remediation pursuant to this section
  184  throughout a state fiscal year. The department shall establish a
  185  process to uniformly encumber appropriated funds throughout a
  186  state fiscal year and shall allow for emergencies and imminent
  187  threats to public health, safety, and welfare, water resources,
  188  and the environment as provided in paragraph (5)(a). This
  189  paragraph does not apply to appropriations associated with the
  190  free product recovery initiative provided in paragraph (5)(c) or
  191  the advanced cleanup program provided in s. 376.30713.
  192         (p) Enforcement of this section and ss. 376.30-376.317 by
  193  the Fish and Wildlife Conservation Commission. The department
  194  shall disburse moneys to the commission for such purpose.
  195         (q) Payments for program deductibles, copayments, and
  196  limited contamination assessment reports that otherwise would be
  197  paid by another state agency for state-funded petroleum
  198  contamination site rehabilitation. This paragraph expires July
  199  1, 2016.
  201  The issuance of a site rehabilitation completion order pursuant
  202  to subsection (5) or paragraph (12)(b) for contamination
  203  eligible for programs funded by this section does not alter the
  204  project’s eligibility for state-funded remediation if the
  205  department determines that site conditions are not protective of
  206  human health under actual or proposed circumstances of exposure
  207  under subsection (5). The Inland Protection Trust Fund may only
  208  be used only to fund the activities in ss. 376.30-376.317 except
  209  ss. 376.3078 and 376.3079. Amounts on deposit in the fund in
  210  each fiscal year must shall first be applied or allocated for
  211  the payment of amounts payable by the department pursuant to
  212  paragraph (n) under a service contract entered into by the
  213  department pursuant to s. 376.3075 and appropriated in each year
  214  by the Legislature before making or providing for other
  215  disbursements from the fund. This subsection does not authorize
  216  the use of the fund for cleanup of contamination caused
  217  primarily by a discharge of solvents as defined in s.
  218  206.9925(6), or polychlorinated biphenyls when their presence
  219  causes them to be hazardous wastes, except solvent contamination
  220  which is the result of chemical or physical breakdown of
  221  petroleum products and is otherwise eligible. Facilities used
  222  primarily for the storage of motor or diesel fuels as defined in
  223  ss. 206.01 and 206.86 are not excluded from eligibility pursuant
  224  to this section.
  226         (b) It is the intent of the Legislature to protect the
  227  health of all people under actual circumstances of exposure. The
  228  secretary shall establish criteria by rule for the purpose of
  229  determining, on a site-specific basis, the rehabilitation
  230  program tasks that comprise a site rehabilitation program and
  231  the level at which a rehabilitation program task and a site
  232  rehabilitation program are completed. In establishing the rule,
  233  the department shall incorporate, to the maximum extent
  234  feasible, risk-based corrective action principles to achieve
  235  protection of the public health, safety, and welfare, water
  236  resources, and the environment in a cost-effective manner as
  237  provided in this subsection. Criteria for determining what
  238  constitutes a rehabilitation program task or completion of site
  239  rehabilitation program tasks and site rehabilitation programs
  240  shall be based upon the factors set forth in paragraph (a) and
  241  the following additional factors:
  242         1. The current exposure and potential risk of exposure to
  243  humans and the environment including multiple pathways of
  244  exposure.
  245         2. The appropriate point of compliance with cleanup target
  246  levels for petroleum products’ chemicals of concern. The point
  247  of compliance shall be at the source of the petroleum
  248  contamination. However, the department may temporarily move the
  249  point of compliance to the boundary of the property, or to the
  250  edge of the plume when the plume is within the property
  251  boundary, while cleanup, including cleanup through natural
  252  attenuation processes in conjunction with appropriate
  253  monitoring, is proceeding. The department may also, pursuant to
  254  criteria provided for in this paragraph, temporarily extend the
  255  point of compliance beyond the property boundary with
  256  appropriate monitoring, if such extension is needed to
  257  facilitate natural attenuation or to address the current
  258  conditions of the plume, if the public health, safety, and
  259  welfare, water resources, and the environment are adequately
  260  protected. Temporary extension of the point of compliance beyond
  261  the property boundary, as provided in this subparagraph, must
  262  include notice to local governments and owners of any property
  263  into which the point of compliance is allowed to extend.
  264         3. The appropriate site-specific cleanup goal. The site
  265  specific cleanup goal shall be that all petroleum contamination
  266  sites ultimately achieve the applicable cleanup target levels
  267  provided in this paragraph. However, the department may allow
  268  concentrations of the petroleum products’ chemicals of concern
  269  to temporarily exceed the applicable cleanup target levels while
  270  cleanup, including cleanup through natural attenuation processes
  271  in conjunction with appropriate monitoring, is proceeding, if
  272  the public health, safety, and welfare, water resources, and the
  273  environment are adequately protected.
  274         4. The appropriateness of using institutional or
  275  engineering controls. Site rehabilitation programs may include
  276  the use of institutional or engineering controls to eliminate
  277  the potential exposure to petroleum products’ chemicals of
  278  concern to humans or the environment. Use of such controls must
  279  have prior department approval, and institutional controls may
  280  not be acquired with moneys from the fund other than the costs
  281  associated with a professional land survey or a specific purpose
  282  survey, if such is needed, and costs associated with obtaining a
  283  title report and recording fees. When institutional or
  284  engineering controls are implemented to control exposure, the
  285  removal of such controls must have prior department approval and
  286  must be accompanied immediately by the resumption of active
  287  cleanup or other approved controls unless cleanup target levels
  288  pursuant to this paragraph have been achieved.
  289         5. The additive effects of the petroleum products’
  290  chemicals of concern. The synergistic effects of petroleum
  291  products’ chemicals of concern must also be considered when the
  292  scientific data becomes available.
  293         6. Individual site characteristics which must include, but
  294  not be limited to, the current and projected use of the affected
  295  groundwater in the vicinity of the site, current and projected
  296  land uses of the area affected by the contamination, the exposed
  297  population, the degree and extent of contamination, the rate of
  298  contaminant migration, the apparent or potential rate of
  299  contaminant degradation through natural attenuation processes,
  300  the location of the plume, and the potential for further
  301  migration in relation to site property boundaries.
  302         7. Applicable state water quality standards.
  303         a. Cleanup target levels for petroleum products’ chemicals
  304  of concern found in groundwater shall be the applicable state
  305  water quality standards. Where such standards do not exist, the
  306  cleanup target levels for groundwater shall be based on the
  307  minimum criteria specified in department rule. The department
  308  shall consider the following, as appropriate, in establishing
  309  the applicable minimum criteria: calculations using a lifetime
  310  cancer risk level of 1.0E-6; a hazard index of 1 or less; the
  311  best achievable detection limit; the naturally occurring
  312  background concentration; or nuisance, organoleptic, and
  313  aesthetic considerations.
  314         b. Where surface waters are exposed to petroleum
  315  contaminated groundwater, the cleanup target levels for the
  316  petroleum products’ chemicals of concern shall be based on the
  317  surface water standards as established by department rule. The
  318  point of measuring compliance with the surface water standards
  319  shall be in the groundwater immediately adjacent to the surface
  320  water body.
  321         8. Whether deviation from state water quality standards or
  322  from established criteria is appropriate. The department may
  323  issue a “No Further Action Order” based upon the degree to which
  324  the desired cleanup target level is achievable and can be
  325  reasonably and cost-effectively implemented within available
  326  technologies or engineering and institutional control
  327  strategies. Where a state water quality standard is applicable,
  328  a deviation may not result in the application of cleanup target
  329  levels more stringent than the standard. In determining whether
  330  it is appropriate to establish alternate cleanup target levels
  331  at a site, the department may consider the effectiveness of
  332  source removal that has been completed at the site and the
  333  practical likelihood of the use of low yield or poor quality
  334  groundwater; the use of groundwater near marine surface water
  335  bodies; the current and projected use of the affected
  336  groundwater in the vicinity of the site; or the use of
  337  groundwater in the immediate vicinity of the storage tank area,
  338  where it has been demonstrated that the groundwater
  339  contamination is not migrating away from such localized source,
  340  if the public health, safety, and welfare, water resources, and
  341  the environment are adequately protected.
  342         9. Appropriate cleanup target levels for soils.
  343         a. In establishing soil cleanup target levels for human
  344  exposure to petroleum products’ chemicals of concern found in
  345  soils from the land surface to 2 feet below land surface, the
  346  department shall consider the following, as appropriate:
  347  calculations using a lifetime cancer risk level of 1.0E-6; a
  348  hazard index of 1 or less; the best achievable detection limit;
  349  or the naturally occurring background concentration.
  350         b. Leachability-based soil target levels shall be based on
  351  protection of the groundwater cleanup target levels or the
  352  alternate cleanup target levels for groundwater established
  353  pursuant to this paragraph, as appropriate. Source removal and
  354  other cost-effective alternatives that are technologically
  355  feasible shall be considered in achieving the leachability soil
  356  target levels established by the department. The leachability
  357  goals do not apply if the department determines, based upon
  358  individual site characteristics, that petroleum products’
  359  chemicals of concern will not leach into the groundwater at
  360  levels which pose a threat to public health, safety, and
  361  welfare, water resources, or the environment.
  363  This paragraph does not restrict the department from temporarily
  364  postponing completion of any site rehabilitation program for
  365  which funds are being expended whenever such postponement is
  366  necessary in order to make funds available for rehabilitation of
  367  a contamination site with a higher priority status.
  368         (12) SITE CLEANUP.—
  369         (b) Low-scored site initiative.—Notwithstanding subsections
  370  (5) and (6), a site with a priority ranking score of 29 points
  371  or less may voluntarily participate in the low-scored site
  372  initiative regardless of whether the site is eligible for state
  373  restoration funding.
  374         1. To participate in the low-scored site initiative, the
  375  responsible party or property owner, or a responsible party who
  376  provides evidence of authorization from the property owner, must
  377  submit a “No Further Action” proposal and affirmatively
  378  demonstrate that the following conditions imposed under
  379  subparagraph 4. are met.:
  380         a. Upon reassessment pursuant to department rule, the site
  381  retains a priority ranking score of 29 points or less.
  382         b. Excessively contaminated soil, as defined by department
  383  rule, does not exist onsite as a result of a release of
  384  petroleum products.
  385         c. A minimum of 6 months of groundwater monitoring
  386  indicates that the plume is shrinking or stable.
  387         d. The release of petroleum products at the site does not
  388  adversely affect adjacent surface waters, including their
  389  effects on human health and the environment.
  390         e. The area of groundwater containing the petroleum
  391  products’ chemicals of concern is less than one-quarter acre and
  392  is confined to the source property boundaries of the real
  393  property on which the discharge originated.
  394         f. Soils onsite that are subject to human exposure found
  395  between land surface and 2 feet below land surface meet the soil
  396  cleanup target levels established by department rule or human
  397  exposure is limited by appropriate institutional or engineering
  398  controls.
  399         2. Upon affirmative demonstration that of the conditions
  400  imposed under subparagraph 4. are met subparagraph 1., the
  401  department shall issue a site rehabilitation completion order
  402  incorporating the determination of “No Further Action.proposal
  403  submitted by the property owner or the responsible party, who
  404  must provide evidence of authorization from the property owner
  405  Such determination acknowledges that minimal contamination
  406  exists onsite and that such contamination is not a threat to the
  407  public health, safety, or welfare, water resources, or the
  408  environment. If no contamination is detected, the department may
  409  issue a site rehabilitation completion order.
  410         3. Sites that are eligible for state restoration funding
  411  may receive payment of costs for the low-scored site initiative
  412  as follows:
  413         a. A responsible party or property owner, or a responsible
  414  party who provides evidence of authorization from the property
  415  owner, may submit an assessment and limited remediation plan
  416  designed to affirmatively demonstrate that the site meets the
  417  conditions imposed under subparagraph 4 subparagraph 1.
  418  Notwithstanding the priority ranking score of the site, the
  419  department may approve the cost of the assessment and limited
  420  remediation, including up to 12 6 months of groundwater
  421  monitoring and 12 months of limited remediation activities in
  422  one or more task assignments or modifications thereof, not to
  423  exceed the threshold amount provided in s. 287.017 for CATEGORY
  424  TWO, $30,000 for each site where the department has determined
  425  that the assessment and limited remediation, if applicable, will
  426  likely result in a determination of “No Further Action.”. The
  427  department may not pay the costs associated with the
  428  establishment of institutional or engineering controls other
  429  than the costs associated with a professional land survey or a
  430  specific purpose survey, if such is needed, and the costs
  431  associated with obtaining a title report and paying recording
  432  fees.
  433         b. After the approval of initial site assessment results
  434  provided pursuant to state funding under sub-subparagraph a.,
  435  the department may approve an additional amount not to exceed
  436  the threshold amount provided in s. 287.017 for CATEGORY TWO for
  437  limited remediation needed to achieve a determination of “No
  438  Further Action.”
  439         c.b. The assessment and limited remediation work shall be
  440  completed no later than 15 6 months after the department
  441  authorizes the start of a state-funded, low-score site
  442  initiative task. If groundwater monitoring is required after the
  443  assessment and limited remediation in order to satisfy the
  444  conditions under subparagraph 4., the department may authorize
  445  an additional 12 months to complete the monitoring issues its
  446  approval.
  447         d.c. No more than $15 $10 million for the low-scored site
  448  initiative may be encumbered from the fund in any fiscal year.
  449  Funds shall be made available on a first-come, first-served
  450  basis and shall be limited to 10 sites in each fiscal year for
  451  each responsible party or property owner or each responsible
  452  party who provides evidence of authorization from the property
  453  owner.
  454         e.d. Program deductibles, copayments, and the limited
  455  contamination assessment report requirements under paragraph
  456  (13)(d) (13)(c) do not apply to expenditures under this
  457  paragraph.
  458         4.The department shall issue an order incorporating the
  459  “No Further Action” proposal submitted by a property owner or a
  460  responsible party who provides evidence of authorization from
  461  the property owner upon affirmative demonstration that all of
  462  the following conditions are met:
  463         a. Soil saturated with petroleum or petroleum products, or
  464  soil that causes a total corrected hydrocarbon measurement of
  465  500 parts per million or higher for the Gasoline Analytical
  466  Group or 50 parts per million or higher for the Kerosene
  467  Analytical Group, as defined by department rule, does not exist
  468  onsite as a result of a release of petroleum products.
  469         b. A minimum of 12 months of groundwater monitoring
  470  indicates that the plume is shrinking or stable.
  471         c. The release of petroleum products at the site does not
  472  adversely affect adjacent surface waters, including their
  473  effects on human health and the environment.
  474         d. The area containing the petroleum products’ chemicals of
  475  concern:
  476         (I)Is confined to the source property boundaries of the
  477  real property on which the discharge originated; or
  478         (II)Has migrated from the source property onto or beneath
  479  a transportation facility as defined s. 334.03(30) for which the
  480  department has approved, and governmental entity owning the
  481  transportation facility has agreed to institutional controls as
  482  defined in s. 376.301(21). This sub-sub-subparagraph does not,
  483  however, impose any legal liability on the transportation
  484  facility owner, obligate such owner to engage in remediation, or
  485  waive such owner’s right to recover costs for damages.
  486         e. The groundwater contamination containing the petroleum
  487  products’ chemicals of concern is not a threat to any permitted
  488  potable water supply well.
  489         f. Soils onsite found between land surface and 2 feet below
  490  land surface which are subject to human exposure meet the soil
  491  cleanup target levels established in subparagraph (5)(b)9., or
  492  human exposure is limited by appropriate institutional or
  493  engineering controls.
  495  Issuance of a site rehabilitation completion order under this
  496  paragraph acknowledges that minimal contamination exists onsite
  497  and that such contamination is not a threat to the public
  498  health, safety, or welfare; water resources; or the environment.
  499  Pursuant to subsection (4), the issuance of the site
  500  rehabilitation completion order, with or without conditions,
  501  does not alter eligibility for state-funded rehabilitation that
  502  would otherwise be applicable under this section.
  504  detection, reporting, and cleanup of contamination caused by
  505  discharges of petroleum or petroleum products, the department
  506  shall, within the guidelines established in this subsection,
  507  implement a cost-sharing cleanup program to provide
  508  rehabilitation funding assistance for all property contaminated
  509  by discharges of petroleum or petroleum products from a
  510  petroleum storage system occurring before January 1, 1995,
  511  subject to a copayment provided for in a Petroleum Cleanup
  512  Participation Program site rehabilitation agreement. Eligibility
  513  is subject to an annual appropriation from the fund.
  514  Additionally, funding for eligible sites is contingent upon
  515  annual appropriation in subsequent years. Such continued state
  516  funding is not an entitlement or a vested right under this
  517  subsection. Eligibility shall be determined in the program,
  518  notwithstanding any other provision of law, consent order,
  519  order, judgment, or ordinance to the contrary.
  520         (a)1. The department shall accept any discharge reporting
  521  form received before January 1, 1995, as an application for this
  522  program, and the facility owner or operator need not reapply.
  523         2. Regardless of whether ownership has changed, owners or
  524  operators of property that is contaminated by petroleum or
  525  petroleum products from a petroleum storage system may apply for
  526  such program by filing a written report of the contamination
  527  incident, including evidence that such incident occurred before
  528  January 1, 1995, with the department. Incidents of petroleum
  529  contamination discovered after December 31, 1994, at sites which
  530  have not stored petroleum or petroleum products for consumption,
  531  use, or sale after such date shall be presumed to have occurred
  532  before January 1, 1995. An operator’s filed report shall be an
  533  application of the owner for all purposes. Sites reported to the
  534  department after December 31, 1998, are not eligible for the
  535  program.
  536         (b) Subject to annual appropriation from the fund, sites
  537  meeting the criteria of this subsection are eligible for up to
  538  $400,000 of site rehabilitation funding assistance in priority
  539  order pursuant to subsections (5) and (6). Sites meeting the
  540  criteria of this subsection for which a site rehabilitation
  541  completion order was issued before June 1, 2008, do not qualify
  542  for the 2008 increase in site rehabilitation funding assistance
  543  and are bound by the pre-June 1, 2008, limits. Sites meeting the
  544  criteria of this subsection for which a site rehabilitation
  545  completion order was not issued before June 1, 2008, regardless
  546  of whether they have previously transitioned to nonstate-funded
  547  cleanup status, may continue state-funded cleanup pursuant to
  548  this section until a site rehabilitation completion order is
  549  issued or the increased site rehabilitation funding assistance
  550  limit is reached, whichever occurs first. The department may not
  551  pay expenses incurred beyond the scope of an approved contract.
  552         (c) The department may also approve supplemental funding of
  553  up to $100,000 for additional remediation and monitoring if such
  554  remediation and monitoring is necessary to achieve a
  555  determination of “No Further Action.”
  556         (d) Upon notification by the department that rehabilitation
  557  funding assistance is available for the site pursuant to
  558  subsections (5) and (6), the property owner, operator, or person
  559  otherwise responsible for site rehabilitation shall provide the
  560  department with a limited contamination assessment report and
  561  shall enter into a Petroleum Cleanup Participation Program site
  562  rehabilitation agreement with the department. The agreement must
  563  provide for a 25-percent copayment by the owner, operator, or
  564  person otherwise responsible for conducting site rehabilitation.
  565  The owner, operator, or person otherwise responsible for
  566  conducting site rehabilitation shall adequately demonstrate the
  567  ability to meet the copayment obligation. The limited
  568  contamination assessment report and the copayment costs may be
  569  reduced or eliminated if the owner and all operators responsible
  570  for restoration under s. 376.308 demonstrate that they cannot
  571  financially comply with the copayment and limited contamination
  572  assessment report requirements. The department shall take into
  573  consideration the owner’s and operator’s net worth in making the
  574  determination of financial ability. In the event the department
  575  and the owner, operator, or person otherwise responsible for
  576  site rehabilitation cannot complete negotiation of the cost
  577  sharing agreement within 120 days after beginning negotiations,
  578  the department shall terminate negotiations and the site shall
  579  be ineligible for state funding under this subsection and all
  580  liability protections provided for in this subsection shall be
  581  revoked.
  582         (e)(d) A report of a discharge made to the department by a
  583  person pursuant to this subsection or any rules adopted pursuant
  584  to this subsection may not be used directly as evidence of
  585  liability for such discharge in any civil or criminal trial
  586  arising out of the discharge.
  587         (f)(e) This subsection does not preclude the department
  588  from pursuing penalties under s. 403.141 for violations of any
  589  law or any rule, order, permit, registration, or certification
  590  adopted or issued by the department pursuant to its lawful
  591  authority.
  592         (g)(f) Upon the filing of a discharge reporting form under
  593  paragraph (a), the department or local government may not pursue
  594  any judicial or enforcement action to compel rehabilitation of
  595  the discharge. This paragraph does not prevent any such action
  596  with respect to discharges determined ineligible under this
  597  subsection or to sites for which rehabilitation funding
  598  assistance is available pursuant to subsections (5) and (6).
  599         (h)(g) The following are excluded from participation in the
  600  program:
  601         1. Sites at which the department has been denied reasonable
  602  site access to implement this section.
  603         2. Sites that were active facilities when owned or operated
  604  by the Federal Government.
  605         3. Sites that are identified by the United States
  606  Environmental Protection Agency to be on, or which qualify for
  607  listing on, the National Priorities List under Superfund. This
  608  exception does not apply to those sites for which eligibility
  609  has been requested or granted as of the effective date of this
  610  act under the Early Detection Incentive Program established
  611  pursuant to s. 15, chapter 86-159, Laws of Florida.
  612         4. Sites for which contamination is covered under the Early
  613  Detection Incentive Program, the Abandoned Tank Restoration
  614  Program, or the Petroleum Liability and Restoration Insurance
  615  Program, in which case site rehabilitation funding assistance
  616  shall continue under the respective program.
  617         Section 3. Paragraph (d) of subsection (1), paragraph (a)
  618  of subsection (2), and subsection (4) of section 376.30713,
  619  Florida Statutes, are amended to read:
  620         376.30713 Advanced cleanup.—
  621         (1) In addition to the legislative findings provided in s.
  622  376.3071, the Legislature finds and declares:
  623         (d) It is appropriate for a person who is responsible for
  624  site rehabilitation to share the costs associated with managing
  625  and conducting advanced cleanup, to facilitate the opportunity
  626  for advanced cleanup, and to mitigate the additional costs that
  627  will be incurred by the state in conducting site rehabilitation
  628  in advance of the site’s priority ranking. Such cost sharing
  629  will result in more contaminated sites being cleaned up and
  630  greater environmental benefits to the state. This section is
  631  only available for sites eligible for restoration funding under
  632  EDI, ATRP, or PLRIP. This section is available for discharges
  633  eligible for restoration funding under the petroleum cleanup
  634  participation program for the state’s cost share of site
  635  rehabilitation. Applications must include a cost-sharing
  636  commitment for this section in addition to the 25-percent
  637  copayment requirement of the petroleum cleanup participation
  638  program. This section is not available for any discharge under a
  639  petroleum cleanup participation program where the 25-percent
  640  copayment requirement of the petroleum cleanup participation
  641  program has been reduced or eliminated pursuant to s.
  642  376.3071(13)(d) s. 376.3071(13)(c).
  643         (2) The department may approve an application for advanced
  644  cleanup at eligible sites, notwithstanding before funding based
  645  on the site’s priority ranking established pursuant to s.
  646  376.3071(5)(a), pursuant to this section. Only the facility
  647  owner or operator or the person otherwise responsible for site
  648  rehabilitation qualifies as an applicant under this section.
  649         (a) Advanced cleanup applications may be submitted between
  650  May 1 and June 30 and between November 1 and December 31 of each
  651  fiscal year. Applications submitted between May 1 and June 30
  652  shall be for the fiscal year beginning July 1. An application
  653  must consist of:
  654         1. A commitment to pay 25 percent or more of the total
  655  cleanup cost deemed recoverable under this section along with
  656  proof of the ability to pay the cost share. The department shall
  657  determine whether the cost savings demonstration is acceptable.
  658  Such determination is not subject to chapter 120.
  659         a.Applications for the aggregate cleanup of 5 or more
  660  sites may be submitted in one of two formats to meet the cost
  661  share requirement:
  662         (I)For an aggregate application proposing that the
  663  department enter into a performance-based contract for the
  664  cleanup of 20 or more sites may use a commitment to pay, a
  665  demonstrated cost savings to the department, or both to meet the
  666  cost-share requirement.
  667         (II) For an aggregate application relying on a demonstrated
  668  cost savings to the department, the applicant shall, in
  669  conjunction with the proposed agency term contractor, establish
  670  and provide in the application the percentage of cost savings in
  671  the aggregate that is being provided to the department for
  672  cleanup of the sites under the application compared to the cost
  673  of cleanup of those same sites using the current rates provided
  674  to the department by the proposed agency term contractor. The
  675  department shall determine whether the cost savings
  676  demonstration is acceptable. Such determination is not subject
  677  to chapter 120.
  678         b.Applications for the cleanup of individual sites may be
  679  submitted in one of two formats to meet the cost-share
  680  requirement:
  681         (I)For an individual application proposing that the
  682  department enter into a performance-based contract may use a
  683  commitment to pay, a demonstrated cost savings to the
  684  department, or both to meet the requirement.
  685         (II)For an individual application relying on a
  686  demonstrated cost savings to the department, the applicant
  687  shall, in conjunction with the proposed agency term contractor,
  688  establish and provide in the application a 25-percent cost
  689  savings to the department for cleanup of the site under the
  690  application compared to the cost of cleanup of the same site
  691  using the current rates provided to the department by the
  692  proposed agency term contractor.
  693         2. A nonrefundable review fee of $250 to cover the
  694  administrative costs associated with the department’s review of
  695  the application.
  696         3. A limited contamination assessment report.
  697         4. A proposed course of action.
  698         5.A department site access agreement, or similar
  699  agreements approved by the department that do not violate state
  700  law, entered into with the property owner or owners, as
  701  applicable, and evidence of authorization from such owner or
  702  owners for petroleum site rehabilitation program tasks
  703  consistent with the proposed course of action where the
  704  applicant is not the property owner for any of the sites
  705  contained in the application.
  707  The limited contamination assessment report must be sufficient
  708  to support the proposed course of action and to estimate the
  709  cost of the proposed course of action. Costs incurred related to
  710  conducting the limited contamination assessment report are not
  711  refundable from the Inland Protection Trust Fund. Site
  712  eligibility under this subsection or any other provision of this
  713  section is not an entitlement to advanced cleanup or continued
  714  restoration funding. The applicant shall certify to the
  715  department that the applicant has the prerequisite authority to
  716  enter into an advanced cleanup contract with the department. The
  717  certification must be submitted with the application.
  718         (4) The department may enter into contracts for a total of
  719  up to $25 $15 million of advanced cleanup work in each fiscal
  720  year. However, a facility or an applicant who bundles multiple
  721  sites as specified in subparagraph (2)(a)1. may not be approved
  722  for more than $5 million of cleanup activity in each fiscal
  723  year. A property owner or responsible party may enter into a
  724  voluntary cost-share agreement in which the property owner or
  725  responsible party commits to bundle multiple sites and lists the
  726  facilities that will be included in those future bundles. The
  727  facilities listed are not subject to agency term contractor
  728  assignment pursuant to department rule. The department reserves
  729  the right to terminate or amend the voluntary cost-share
  730  agreement for any identified site under the voluntary cost-share
  731  agreement if the property owner or responsible party fails to
  732  submit an application to bundle any site, not already covered by
  733  an advance cleanup contract, under such voluntary cost-share
  734  agreement within a subsequent open application period during
  735  which it is eligible to participate. For the purposes of this
  736  section, the term “facility” includes, but is not limited to,
  737  multiple site facilities such as airports, port facilities, and
  738  terminal facilities even though such enterprises may be treated
  739  as separate facilities for other purposes under this chapter.
  740         Section 4. This act shall take effect July 1, 2016.