CS for SB 92                                     First Engrossed
       
       
       
       
       
       
       
       
       201692e1
       
    1                        A bill to be entitled                      
    2         An act relating to contaminated sites; amending s.
    3         288.8013, F.S; revising the funding source of the
    4         principal of the Recovery Fund for the Deepwater
    5         Horizon incident; requiring that certain funds be
    6         transferred to the Recovery Fund within a specified
    7         timeframe; amending s. 376.301, F.S.; defining the
    8         terms “background concentration” and “long-term
    9         natural attenuation”; amending s. 376.30701, F.S.;
   10         exempting nonprogram petroleum-contaminated sites from
   11         the application of risk-based corrective action
   12         principles under certain circumstances; requiring the
   13         Department of Environmental Protection to include
   14         protocols for the use of long-term natural attenuation
   15         where site conditions warrant; requiring specified
   16         interactive effects of contaminants to be considered
   17         as cleanup criteria; revising how cleanup target
   18         levels are applied where surface waters are exposed to
   19         contaminated groundwater; authorizing the use of
   20         relevant data and information when assessing cleanup
   21         target levels; providing that institutional controls
   22         are not required under certain circumstances if
   23         alternative cleanup target levels are used; amending
   24         s. 376.79, F.S.; defining the terms “background
   25         concentration” and “long-term natural attenuation”;
   26         amending s. 376.81, F.S.; providing additional
   27         contamination cleanup criteria for brownfield sites
   28         and brownfield areas; amending ss. 196.1995, 287.0595,
   29         and 288.1175, F.S.; conforming cross-references;
   30         providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (2) of section 288.8013, Florida
   35  Statutes, is amended to read:
   36         288.8013 Triumph Gulf Coast, Inc.; Recovery Fund; creation;
   37  investment.—
   38         (2) Triumph Gulf Coast, Inc., must create and administer
   39  the Recovery Fund for the benefit of the disproportionately
   40  affected counties. The principal of the fund shall derive from
   41  75 percent of all funds received by the state pursuant to the
   42  settlement agreement between the gulf states and the BP entities
   43  with respect to economic claims arising from the Deepwater
   44  Horizon incident recovered by the Attorney General for economic
   45  damage to the state resulting from the Deepwater Horizon
   46  disaster, after payment of reasonable and necessary attorney
   47  fees, costs, and expenses, including such attorney fees, costs,
   48  and expenses pursuant to s. 16.0155. Moneys that account for the
   49  principal of the Recovery Fund shall be transferred to the
   50  Recovery Fund no later than 30 days after they are received.
   51         Section 2. Present subsections (4) through (22) of section
   52  376.301, Florida Statutes, are redesignated as subsections (5)
   53  through (23), respectively, present subsections (23) through
   54  (48) of that section are redesignated as subsections (25)
   55  through (50), respectively, and new subsections (4) and (24) are
   56  added to that section, to read:
   57         376.301 Definitions of terms used in ss. 376.30-376.317,
   58  376.70, and 376.75.—When used in ss. 376.30-376.317, 376.70, and
   59  376.75, unless the context clearly requires otherwise, the term:
   60         (4) “Background concentration” means the concentration of
   61  contaminants naturally occurring or resulting from anthropogenic
   62  impacts unrelated to the discharge of pollutants or hazardous
   63  substances at a contaminated site undergoing site
   64  rehabilitation.
   65         (24) “Long-term natural attenuation” means natural
   66  attenuation approved by the department as a site rehabilitation
   67  program task for a period of more than 5 years.
   68         Section 3. Paragraph (b) of subsection (1) and subsection
   69  (2) of section 376.30701, Florida Statutes, are amended to read:
   70         376.30701 Application of risk-based corrective action
   71  principles to contaminated sites; applicability; legislative
   72  intent; rulemaking authority; contamination cleanup criteria;
   73  limitations; reopeners.—
   74         (1) APPLICABILITY.—
   75         (b) This section shall apply to all contaminated sites
   76  resulting from a discharge of pollutants or hazardous substances
   77  where legal responsibility for site rehabilitation exists
   78  pursuant to other provisions of this chapter or chapter 403,
   79  except for those contaminated sites subject to the risk-based
   80  corrective action cleanup criteria established for the
   81  petroleum, brownfields, and drycleaning programs pursuant to ss.
   82  376.3071, 376.81, and 376.3078, respectively. This section does
   83  not apply to nonprogram petroleum-contaminated sites unless
   84  application of this section is requested by the person
   85  responsible for site rehabilitation.
   86         (2) INTENT; RULEMAKING AUTHORITY; CLEANUP CRITERIA.—It is
   87  the intent of the Legislature to protect the health of all
   88  people under actual circumstances of exposure. By July 1, 2004,
   89  the secretary of the department shall establish criteria by rule
   90  for the purpose of determining, on a site-specific basis, the
   91  rehabilitation program tasks that comprise a site rehabilitation
   92  program, including a voluntary site rehabilitation program, and
   93  the level at which a rehabilitation program task and a site
   94  rehabilitation program may be deemed completed. In establishing
   95  these rules, the department shall apply, to the maximum extent
   96  feasible, a risk-based corrective action process to achieve
   97  protection of human health and safety and the environment in a
   98  cost-effective manner based on the principles set forth in this
   99  subsection. These rules shall prescribe a phased risk-based
  100  corrective action process that is iterative and that tailors
  101  site rehabilitation tasks to site-specific conditions and risks.
  102  The department and the person responsible for site
  103  rehabilitation are encouraged to establish decision points at
  104  which risk management decisions will be made. The department
  105  shall provide an early decision, when requested, regarding
  106  applicable exposure factors and a risk management approach based
  107  on the current and future land use at the site. These rules must
  108  shall also include protocols for the use of natural attenuation,
  109  including long-term natural attenuation where site conditions
  110  warrant, the use of institutional and engineering controls, and
  111  the issuance of “No Further Action” orders. The criteria for
  112  determining what constitutes a rehabilitation program task or
  113  completion of a site rehabilitation program task or site
  114  rehabilitation program, including a voluntary site
  115  rehabilitation program, must:
  116         (a) Consider the current exposure and potential risk of
  117  exposure to humans and the environment, including multiple
  118  pathways of exposure. The physical, chemical, and biological
  119  characteristics of each contaminant must be considered in order
  120  to determine the feasibility of a risk-based corrective action
  121  assessment.
  122         (b) Establish the point of compliance at the source of the
  123  contamination. However, the department may is authorized to
  124  temporarily move the point of compliance to the boundary of the
  125  property, or to the edge of the plume when the plume is within
  126  the property boundary, while cleanup, including cleanup through
  127  natural attenuation processes in conjunction with appropriate
  128  monitoring, is proceeding. The department may also is
  129  authorized, pursuant to criteria provided in this section, to
  130  temporarily extend the point of compliance beyond the property
  131  boundary with appropriate monitoring, if such extension is
  132  needed to facilitate natural attenuation or to address the
  133  current conditions of the plume, provided human health, public
  134  safety, and the environment are protected. When temporarily
  135  extending the point of compliance beyond the property boundary,
  136  it cannot be extended further than the lateral extent of the
  137  plume, if known, at the time of execution of a cleanup
  138  agreement, if required, or the lateral extent of the plume as
  139  defined at the time of site assessment. Temporary extension of
  140  the point of compliance beyond the property boundary, as
  141  provided in this paragraph, must include actual notice by the
  142  person responsible for site rehabilitation to local governments
  143  and the owners of any property into which the point of
  144  compliance is allowed to extend and constructive notice to
  145  residents and business tenants of the property into which the
  146  point of compliance is allowed to extend. Persons receiving
  147  notice pursuant to this paragraph shall have the opportunity to
  148  comment within 30 days after receipt of the notice. Additional
  149  notice concerning the status of natural attenuation processes
  150  shall be similarly provided to persons receiving notice pursuant
  151  to this paragraph every 5 years.
  152         (c) Ensure that the site-specific cleanup goal is that all
  153  contaminated sites being cleaned up pursuant to this section
  154  ultimately achieve the applicable cleanup target levels provided
  155  in this subsection. In the circumstances provided in this
  156  subsection, and after constructive notice and opportunity to
  157  comment within 30 days after receipt of the notice to local
  158  government, owners of any property into which the point of
  159  compliance is allowed to extend, and residents of any property
  160  into which the point of compliance is allowed to extend, the
  161  department may allow concentrations of contaminants to
  162  temporarily exceed the applicable cleanup target levels while
  163  cleanup, including cleanup through natural attenuation processes
  164  in conjunction with appropriate monitoring, is proceeding, if
  165  human health, public safety, and the environment are protected.
  166         (d) Allow the use of institutional or engineering controls
  167  at contaminated sites being cleaned up pursuant to this section,
  168  where appropriate, to eliminate or control the potential
  169  exposure to contaminants of humans or the environment. The use
  170  of controls must be preapproved by the department and only after
  171  constructive notice and opportunity to comment within 30 days
  172  after receipt of notice is provided to local governments, owners
  173  of any property into which the point of compliance is allowed to
  174  extend, and residents on any property into which the point of
  175  compliance is allowed to extend. When institutional or
  176  engineering controls are implemented to control exposure, the
  177  removal of the controls must have prior department approval and
  178  must be accompanied by the resumption of active cleanup, or
  179  other approved controls, unless cleanup target levels under this
  180  section have been achieved.
  181         (e) Consider the interactive additive effects of
  182  contaminants, including additive, synergistic, and antagonistic
  183  effects. The synergistic and antagonistic effects shall also be
  184  considered when the scientific data become available.
  185         (f) Take into consideration individual site
  186  characteristics, which shall include, but not be limited to, the
  187  current and projected use of the affected groundwater and
  188  surface water in the vicinity of the site, current and projected
  189  land uses of the area affected by the contamination, the exposed
  190  population, the degree and extent of contamination, the rate of
  191  contaminant migration, the apparent or potential rate of
  192  contaminant degradation through natural attenuation processes,
  193  the location of the plume, and the potential for further
  194  migration in relation to site property boundaries.
  195         (g) Apply state water quality standards as follows:
  196         1. Cleanup target levels for each contaminant found in
  197  groundwater shall be the applicable state water quality
  198  standards. Where such standards do not exist, the cleanup target
  199  levels for groundwater shall be based on the minimum criteria
  200  specified in department rule. The department shall apply the
  201  following, as appropriate, in establishing the applicable
  202  cleanup target levels: calculations using a lifetime cancer risk
  203  level of 1.0E-6; a hazard index of 1 or less; the best
  204  achievable detection limit; and nuisance, organoleptic, and
  205  aesthetic considerations. However, the department may shall not
  206  require site rehabilitation to achieve a cleanup target level
  207  for any individual contaminant that is more stringent than the
  208  site-specific, naturally occurring background concentration for
  209  that contaminant.
  210         2. Where surface waters are exposed to contaminated
  211  groundwater, the cleanup target levels for the contaminants must
  212  shall be based on the more protective of the groundwater or
  213  surface water standards as established by department rule,
  214  unless it has been demonstrated that the contaminants do not
  215  cause or contribute to the exceedance of applicable surface
  216  water quality criteria. In such circumstance, the point of
  217  measuring compliance with the surface water standards shall be
  218  in the groundwater immediately adjacent to the surface water
  219  body.
  220         3. Using risk-based corrective action principles, the
  221  department shall approve alternative cleanup target levels in
  222  conjunction with institutional and engineering controls, if
  223  needed, based upon an applicant’s demonstration, using site
  224  specific or other relevant data and information, risk assessment
  225  modeling results, including results from probabilistic risk
  226  assessment modeling, risk assessment studies, risk reduction
  227  techniques, or a combination thereof, that human health, public
  228  safety, and the environment are protected to the same degree as
  229  provided in subparagraphs 1. and 2. Where a state water quality
  230  standard is applicable, a deviation may not result in the
  231  application of cleanup target levels more stringent than the
  232  standard. In determining whether it is appropriate to establish
  233  alternative cleanup target levels at a site, the department must
  234  consider the effectiveness of source removal, if any, that has
  235  been completed at the site and the practical likelihood of the
  236  use of low yield or poor quality groundwater, the use of
  237  groundwater near marine surface water bodies, the current and
  238  projected use of the affected groundwater in the vicinity of the
  239  site, or the use of groundwater in the immediate vicinity of the
  240  contaminated area, where it has been demonstrated that the
  241  groundwater contamination is not migrating away from such
  242  localized source, provided human health, public safety, and the
  243  environment are protected. Groundwater resource protection
  244  remains the ultimate goal of cleanup, particularly in light of
  245  the state’s continued growth and consequent demands for drinking
  246  water resources. The Legislature recognizes the need for a
  247  protective yet flexible cleanup approach that risk-based
  248  corrective action provides. Only where it is appropriate on a
  249  site-specific basis, using the criteria in this paragraph and
  250  careful evaluation by the department, shall proposed alternative
  251  cleanup target levels be approved. If alternative cleanup target
  252  levels are used, institutional controls are not required if:
  253         a. The only cleanup target levels exceeded are the
  254  groundwater cleanup target levels derived from nuisance,
  255  organoleptic, or aesthetic considerations;
  256         b. Concentrations of all contaminants meet the state water
  257  quality standards or the minimum criteria, based on the
  258  protection of human health, public safety, and the environment,
  259  as provided in subparagraph 1.;
  260         c. All of the groundwater cleanup target levels established
  261  pursuant to subparagraph 1. are met at the property boundary;
  262         d. The person responsible for site rehabilitation has
  263  demonstrated that the contaminants will not migrate beyond the
  264  property boundary at concentrations that exceed the groundwater
  265  cleanup target levels established pursuant to subparagraph 1.;
  266         e. The property has access to and is using an offsite water
  267  supply, and an unplugged private well is not used for domestic
  268  purposes; and
  269         f. The real property owner does not object to the “No
  270  Further Action” proposal to the department or the local
  271  pollution control program.
  272         (h) Provide for the department to issue a “No Further
  273  Action” order, with conditions, including, but not limited to,
  274  the use of institutional or engineering controls where
  275  appropriate, when alternative cleanup target levels established
  276  pursuant to subparagraph (g)3. have been achieved or when the
  277  person responsible for site rehabilitation can demonstrate that
  278  the cleanup target level is unachievable with the use of
  279  available technologies. Before Prior to issuing such an order,
  280  the department shall consider the feasibility of an alternative
  281  site rehabilitation technology at the contaminated site.
  282         (i) Establish appropriate cleanup target levels for soils.
  283  Although there are existing state water quality standards, there
  284  are no existing state soil quality standards. The Legislature
  285  does not intend, through the adoption of this section, to create
  286  such soil quality standards. The specific rulemaking authority
  287  granted pursuant to this section merely authorizes the
  288  department to establish appropriate soil cleanup target levels.
  289  These soil cleanup target levels shall be applicable at sites
  290  only after a determination as to legal responsibility for site
  291  rehabilitation has been made pursuant to other provisions of
  292  this chapter or chapter 403.
  293         1. In establishing soil cleanup target levels for human
  294  exposure to each contaminant found in soils from the land
  295  surface to 2 feet below land surface, the department shall apply
  296  the following, as appropriate: calculations using a lifetime
  297  cancer risk level of 1.0E-6; a hazard index of 1 or less; and
  298  the best achievable detection limit. However, the department may
  299  shall not require site rehabilitation to achieve a cleanup
  300  target level for an individual contaminant that is more
  301  stringent than the site-specific, naturally occurring background
  302  concentration for that contaminant. Institutional controls or
  303  other methods shall be used to prevent human exposure to
  304  contaminated soils more than 2 feet below the land surface. Any
  305  removal of such institutional controls shall require such
  306  contaminated soils to be remediated.
  307         2. Leachability-based soil cleanup target levels shall be
  308  based on protection of the groundwater cleanup target levels or
  309  the alternate cleanup target levels for groundwater established
  310  pursuant to this paragraph, as appropriate. Source removal and
  311  other cost-effective alternatives that are technologically
  312  feasible shall be considered in achieving the leachability soil
  313  cleanup target levels established by the department. The
  314  leachability goals are shall not be applicable if the department
  315  determines, based upon individual site characteristics, and in
  316  conjunction with institutional and engineering controls, if
  317  needed, that contaminants will not leach into the groundwater at
  318  levels that pose a threat to human health, public safety, and
  319  the environment.
  320         3. Using risk-based corrective action principles, the
  321  department shall approve alternative cleanup target levels in
  322  conjunction with institutional and engineering controls, if
  323  needed, based upon an applicant’s demonstration, using site
  324  specific or other relevant data and information, risk assessment
  325  modeling results, including results from probabilistic risk
  326  assessment modeling, risk assessment studies, risk reduction
  327  techniques, or a combination thereof, that human health, public
  328  safety, and the environment are protected to the same degree as
  329  provided in subparagraphs 1. and 2.
  330  
  331  The department shall require source removal as a risk reduction
  332  measure if warranted and cost-effective. Once source removal at
  333  a site is complete, the department shall reevaluate the site to
  334  determine the degree of active cleanup needed to continue.
  335  Further, the department shall determine if the reevaluated site
  336  qualifies for monitoring only or if no further action is
  337  required to rehabilitate the site. If additional site
  338  rehabilitation is necessary to reach “No Further Action” status,
  339  the department is encouraged to utilize natural attenuation
  340  monitoring, including long-term natural attenuation and
  341  monitoring, where site conditions warrant.
  342         Section 4. Present subsections (3) through (11) of section
  343  376.79, Florida Statutes, are redesignated as subsections (4)
  344  through (12), respectively, present subsections (12) through
  345  (19) are redesignated as subsections (14) through (21),
  346  respectively, and new subsections (3) and (13) are added to that
  347  section, to read:
  348         376.79 Definitions relating to Brownfields Redevelopment
  349  Act.—As used in ss. 376.77-376.85, the term:
  350         (3) “Background concentration” means the concentration of
  351  contaminants naturally occurring or resulting from anthropogenic
  352  impacts unrelated to the discharge of pollutants or hazardous
  353  substances at a contaminated site undergoing site
  354  rehabilitation.
  355         (13) “Long-term natural attenuation” means natural
  356  attenuation approved by the department as a site rehabilitation
  357  program task for a period of more than 5 years.
  358         Section 5. Section 376.81, Florida Statutes, is amended to
  359  read:
  360         376.81 Brownfield site and brownfield areas contamination
  361  cleanup criteria.—
  362         (1) It is the intent of the Legislature to protect the
  363  health of all people under actual circumstances of exposure. By
  364  July 1, 2001, the secretary of the department shall establish
  365  criteria by rule for the purpose of determining, on a site
  366  specific basis, the rehabilitation program tasks that comprise a
  367  site rehabilitation program and the level at which a
  368  rehabilitation program task and a site rehabilitation program
  369  may be deemed completed. In establishing the rule, the
  370  department shall apply, to the maximum extent feasible, a risk
  371  based corrective action process to achieve protection of human
  372  health and safety and the environment in a cost-effective manner
  373  based on the principles set forth in this subsection. The rule
  374  must prescribe a phased risk-based corrective action process
  375  that is iterative and that tailors site rehabilitation tasks to
  376  site-specific conditions and risks. The department and the
  377  person responsible for brownfield site rehabilitation are
  378  encouraged to establish decision points at which risk management
  379  decisions will be made. The department shall provide an early
  380  decision, when requested, regarding applicable exposure factors
  381  and a risk management approach based on the current and future
  382  land use at the site. The rule must shall also include protocols
  383  for the use of natural attenuation, including long-term natural
  384  attenuation where site conditions warrant, the use of
  385  institutional and engineering controls, and the issuance of “no
  386  further action” letters. The criteria for determining what
  387  constitutes a rehabilitation program task or completion of a
  388  site rehabilitation program task or site rehabilitation program
  389  must:
  390         (a) Consider the current exposure and potential risk of
  391  exposure to humans and the environment, including multiple
  392  pathways of exposure. The physical, chemical, and biological
  393  characteristics of each contaminant must be considered in order
  394  to determine the feasibility of risk-based corrective action
  395  assessment.
  396         (b) Establish the point of compliance at the source of the
  397  contamination. However, the department may is authorized to
  398  temporarily move the point of compliance to the boundary of the
  399  property, or to the edge of the plume when the plume is within
  400  the property boundary, while cleanup, including cleanup through
  401  natural attenuation processes in conjunction with appropriate
  402  monitoring, is proceeding. The department may also is
  403  authorized, pursuant to criteria provided for in this section,
  404  to temporarily extend the point of compliance beyond the
  405  property boundary with appropriate monitoring, if such extension
  406  is needed to facilitate natural attenuation or to address the
  407  current conditions of the plume, provided human health, public
  408  safety, and the environment are protected. When temporarily
  409  extending the point of compliance beyond the property boundary,
  410  it cannot be extended further than the lateral extent of the
  411  plume at the time of execution of the brownfield site
  412  rehabilitation agreement, if known, or the lateral extent of the
  413  plume as defined at the time of site assessment. Temporary
  414  extension of the point of compliance beyond the property
  415  boundary, as provided in this paragraph, must include actual
  416  notice by the person responsible for brownfield site
  417  rehabilitation to local governments and the owners of any
  418  property into which the point of compliance is allowed to extend
  419  and constructive notice to residents and business tenants of the
  420  property into which the point of compliance is allowed to
  421  extend. Persons receiving notice pursuant to this paragraph
  422  shall have the opportunity to comment within 30 days of receipt
  423  of the notice.
  424         (c) Ensure that the site-specific cleanup goal is that all
  425  contaminated brownfield sites and brownfield areas ultimately
  426  achieve the applicable cleanup target levels provided in this
  427  section. In the circumstances provided below, and after
  428  constructive notice and opportunity to comment within 30 days
  429  from receipt of the notice to local government, to owners of any
  430  property into which the point of compliance is allowed to
  431  extend, and to residents on any property into which the point of
  432  compliance is allowed to extend, the department may allow
  433  concentrations of contaminants to temporarily exceed the
  434  applicable cleanup target levels while cleanup, including
  435  cleanup through natural attenuation processes in conjunction
  436  with appropriate monitoring, is proceeding, if human health,
  437  public safety, and the environment are protected.
  438         (d) Allow brownfield site and brownfield area
  439  rehabilitation programs to include the use of institutional or
  440  engineering controls, where appropriate, to eliminate or control
  441  the potential exposure to contaminants of humans or the
  442  environment. The use of controls must be preapproved by the
  443  department and only after constructive notice and opportunity to
  444  comment within 30 days from receipt of notice is provided to
  445  local governments, to owners of any property into which the
  446  point of compliance is allowed to extend, and to residents on
  447  any property into which the point of compliance is allowed to
  448  extend. When institutional or engineering controls are
  449  implemented to control exposure, the removal of the controls
  450  must have prior department approval and must be accompanied by
  451  the resumption of active cleanup, or other approved controls,
  452  unless cleanup target levels under this section have been
  453  achieved.
  454         (e) Consider the interactive additive effects of
  455  contaminants, including additive, synergistic, and antagonistic
  456  effects. The synergistic and antagonistic effects shall also be
  457  considered when the scientific data become available.
  458         (f) Take into consideration individual site
  459  characteristics, which shall include, but not be limited to, the
  460  current and projected use of the affected groundwater and
  461  surface water in the vicinity of the site, current and projected
  462  land uses of the area affected by the contamination, the exposed
  463  population, the degree and extent of contamination, the rate of
  464  contaminant migration, the apparent or potential rate of
  465  contaminant degradation through natural attenuation processes,
  466  the location of the plume, and the potential for further
  467  migration in relation to site property boundaries.
  468         (g) Apply state water quality standards as follows:
  469         1. Cleanup target levels for each contaminant found in
  470  groundwater shall be the applicable state water quality
  471  standards. Where such standards do not exist, the cleanup target
  472  levels for groundwater shall be based on the minimum criteria
  473  specified in department rule. The department shall apply the
  474  following, as appropriate, in establishing the applicable
  475  cleanup target levels: calculations using a lifetime cancer risk
  476  level of 1.0E-6; a hazard index of 1 or less; the best
  477  achievable detection limit; and nuisance, organoleptic, and
  478  aesthetic considerations. However, the department may shall not
  479  require site rehabilitation to achieve a cleanup target level
  480  for any individual contaminant which is more stringent than the
  481  site-specific, naturally occurring background concentration for
  482  that contaminant.
  483         2. Where surface waters are exposed to contaminated
  484  groundwater, the cleanup target levels for the contaminants must
  485  shall be based on the more protective of the groundwater or
  486  surface water standards as established by department rule,
  487  unless it has been demonstrated that the contaminants do not
  488  cause or contribute to the exceedance of applicable surface
  489  water quality criteria. In such circumstances, the point of
  490  measuring compliance with the surface water standards shall be
  491  in the groundwater immediately adjacent to the surface water
  492  body.
  493         3. Using risk-based corrective action principles, the
  494  department shall approve alternative cleanup target levels in
  495  conjunction with institutional and engineering controls, if
  496  needed, based upon an applicant’s demonstration, using site
  497  specific or other relevant data and information, risk assessment
  498  modeling results, including results from probabilistic risk
  499  assessment modeling, risk assessment studies, risk reduction
  500  techniques, or a combination thereof, that human health, public
  501  safety, and the environment are protected to the same degree as
  502  provided in subparagraphs 1. and 2. Where a state water quality
  503  standard is applicable, a deviation may not result in the
  504  application of cleanup target levels more stringent than the
  505  standard. In determining whether it is appropriate to establish
  506  alternative cleanup target levels at a site, the department must
  507  consider the effectiveness of source removal, if any, which has
  508  been completed at the site and the practical likelihood of the
  509  use of low yield or poor quality groundwater, the use of
  510  groundwater near marine surface water bodies, the current and
  511  projected use of the affected groundwater in the vicinity of the
  512  site, or the use of groundwater in the immediate vicinity of the
  513  contaminated area, where it has been demonstrated that the
  514  groundwater contamination is not migrating away from such
  515  localized source, provided human health, public safety, and the
  516  environment are protected. When using alternative cleanup target
  517  levels at a brownfield site, institutional controls are shall
  518  not be required if:
  519         a. The only cleanup target levels exceeded are the
  520  groundwater cleanup target levels derived from nuisance,
  521  organoleptic, or aesthetic considerations;
  522         b. Concentrations of all contaminants meet the state water
  523  quality standards or the minimum criteria, based on the
  524  protection of human health, provided in subparagraph 1.;
  525         c. All of the groundwater cleanup target levels established
  526  pursuant to subparagraph 1. are met at the property boundary;
  527         d. The person responsible for brownfield site
  528  rehabilitation has demonstrated that the contaminants will not
  529  migrate beyond the property boundary at concentrations exceeding
  530  the groundwater cleanup target levels established pursuant to
  531  subparagraph 1.;
  532         e. The property has access to and is using an offsite water
  533  supply and no unplugged private wells are used for domestic
  534  purposes; and
  535         f. The real property owner provides written acceptance of
  536  the “no further action” proposal to the department or the local
  537  pollution control program.
  538         (h) Provide for the department to issue a “no further
  539  action order,” with conditions, including, but not limited to,
  540  the use of institutional or engineering controls where
  541  appropriate, when alternative cleanup target levels established
  542  pursuant to subparagraph (g)3. have been achieved, or when the
  543  person responsible for brownfield site rehabilitation can
  544  demonstrate that the cleanup target level is unachievable within
  545  available technologies. Before Prior to issuing such an order,
  546  the department shall consider the feasibility of an alternative
  547  site rehabilitation technology at in the brownfield site area.
  548         (i) Establish appropriate cleanup target levels for soils.
  549         1. In establishing soil cleanup target levels for human
  550  exposure to each contaminant found in soils from the land
  551  surface to 2 feet below land surface, the department shall apply
  552  the following, as appropriate: calculations using a lifetime
  553  cancer risk level of 1.0E-6; a hazard index of 1 or less; and
  554  the best achievable detection limit. However, the department may
  555  shall not require site rehabilitation to achieve a cleanup
  556  target level for an individual contaminant which is more
  557  stringent than the site-specific, naturally occurring background
  558  concentration for that contaminant. Institutional controls or
  559  other methods shall be used to prevent human exposure to
  560  contaminated soils more than 2 feet below the land surface. Any
  561  removal of such institutional controls shall require such
  562  contaminated soils to be remediated.
  563         2. Leachability-based soil cleanup target levels shall be
  564  based on protection of the groundwater cleanup target levels or
  565  the alternate cleanup target levels for groundwater established
  566  pursuant to this paragraph, as appropriate. Source removal and
  567  other cost-effective alternatives that are technologically
  568  feasible shall be considered in achieving the leachability soil
  569  cleanup target levels established by the department. The
  570  leachability goals are shall not be applicable if the department
  571  determines, based upon individual site characteristics, and in
  572  conjunction with institutional and engineering controls, if
  573  needed, that contaminants will not leach into the groundwater at
  574  levels that pose a threat to human health, public safety, and
  575  the environment.
  576         3. Using risk-based corrective action principles, the
  577  department shall approve alternative cleanup target levels in
  578  conjunction with institutional and engineering controls, if
  579  needed, based upon an applicant’s demonstration, using site-
  580  specific or other relevant data and information, risk assessment
  581  modeling results, including results from probabilistic risk
  582  assessment modeling, risk assessment studies, risk reduction
  583  techniques, or a combination thereof, that human health, public
  584  safety, and the environment are protected to the same degree as
  585  provided in subparagraphs 1. and 2.
  586         (2) The department shall require source removal, as a risk
  587  reduction measure, if warranted and cost-effective. Once source
  588  removal at a site is complete, the department shall reevaluate
  589  the site to determine the degree of active cleanup needed to
  590  continue. Further, the department shall determine if the
  591  reevaluated site qualifies for monitoring only or if no further
  592  action is required to rehabilitate the site. If additional site
  593  rehabilitation is necessary to reach “no further action” status,
  594  the department is encouraged to utilize natural attenuation
  595  monitoring, including long-term natural attenuation and
  596  monitoring, where site conditions warrant.
  597         (3) The cleanup criteria described in this section govern
  598  only site rehabilitation activities occurring at the
  599  contaminated site. Removal of contaminated media from a site for
  600  offsite relocation or treatment must be in accordance with all
  601  applicable federal, state, and local laws and regulations.
  602         Section 6. Subsection (3) of section 196.1995, Florida
  603  Statutes, is amended to read:
  604         196.1995 Economic development ad valorem tax exemption.—
  605         (3) The board of county commissioners or the governing
  606  authority of the municipality that calls a referendum within its
  607  total jurisdiction to determine whether its respective
  608  jurisdiction may grant economic development ad valorem tax
  609  exemptions may vote to limit the effect of the referendum to
  610  authority to grant economic development tax exemptions for new
  611  businesses and expansions of existing businesses located in an
  612  enterprise zone or a brownfield area, as defined in s. 376.79(5)
  613  s. 376.79(4). If an area nominated to be an enterprise zone
  614  pursuant to s. 290.0055 has not yet been designated pursuant to
  615  s. 290.0065, the board of county commissioners or the governing
  616  authority of the municipality may call such referendum prior to
  617  such designation; however, the authority to grant economic
  618  development ad valorem tax exemptions does not apply until such
  619  area is designated pursuant to s. 290.0065. The ballot question
  620  in such referendum shall be in substantially the following form
  621  and shall be used in lieu of the ballot question prescribed in
  622  subsection (2):
  623  
  624  Shall the board of county commissioners of this county (or the
  625  governing authority of this municipality, or both) be authorized
  626  to grant, pursuant to s. 3, Art. VII of the State Constitution,
  627  property tax exemptions for new businesses and expansions of
  628  existing businesses that are located in an enterprise zone or a
  629  brownfield area and that are expected to create new, full-time
  630  jobs in the county (or municipality, or both)?
  631  
  632         ....Yes—For authority to grant exemptions.
  633         ....No—Against authority to grant exemptions.
  634         Section 7. Paragraph (a) of subsection (1) of section
  635  287.0595, Florida Statutes, is amended to read:
  636         287.0595 Pollution response action contracts; department
  637  rules.—
  638         (1) The Department of Environmental Protection shall
  639  establish, by adopting administrative rules as provided in
  640  chapter 120:
  641         (a) Procedures for determining the qualifications of
  642  responsible potential vendors prior to advertisement for and
  643  receipt of bids, proposals, or replies for pollution response
  644  action contracts, including procedures for the rejection of
  645  unqualified vendors. Response actions are those activities
  646  described in s. 376.301(39) s. 376.301(37).
  647         Section 8. Paragraph (c) of subsection (5) of section
  648  288.1175, Florida Statutes, is amended to read:
  649         288.1175 Agriculture education and promotion facility.—
  650         (5) The Department of Agriculture and Consumer Services
  651  shall competitively evaluate applications for funding of an
  652  agriculture education and promotion facility. If the number of
  653  applicants exceeds three, the Department of Agriculture and
  654  Consumer Services shall rank the applications based upon
  655  criteria developed by the Department of Agriculture and Consumer
  656  Services, with priority given in descending order to the
  657  following items:
  658         (c) The location of the facility in a brownfield site as
  659  defined in s. 376.79(4) s. 376.79(3), a rural enterprise zone as
  660  defined in s. 290.004, an agriculturally depressed area as
  661  defined in s. 570.74, or a county that has lost its agricultural
  662  land to environmental restoration projects.
  663         Section 9. This act shall take effect July 1, 2016.