Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1018
       
       
       
       
       
       
                                Ì4466803Î446680                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2017           .                                
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       Appropriations Subcommittee on the Environment and Natural
       Resources (Grimsley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 33 - 187
    4  and insert:
    5         Section 1. Paragraph (h) of subsection (6) of section
    6  376.3071, Florida Statutes, is amended to read:
    7         376.3071 Inland Protection Trust Fund; creation; purposes;
    8  funding.—
    9         (6) CONTRACTING AND CONTRACTOR SELECTION REQUIREMENTS.—
   10         (h) The contractor, or the person to whom which the
   11  contractor has assigned its right to payment pursuant to
   12  paragraph (e), shall make prompt payment to subcontractors and
   13  suppliers for their costs associated with an approved contract
   14  pursuant to s. 287.0585, except that the contractor, or the
   15  person to whom the contractor has assigned its right to payment
   16  pursuant to paragraph (e), may remit payments to subcontractors
   17  and suppliers within 30 working days after the contractor’s
   18  receipt of payment by the department before the penalties
   19  required by s. 287.0585(1) are applicable.
   20         Section 2. Paragraphs (a) and (c) of subsection (1) and
   21  subsections (2) and (4) of section 376.30713, Florida Statutes,
   22  are amended to read:
   23         376.30713 Advanced cleanup.—
   24         (1) In addition to the legislative findings provided in s.
   25  376.3071, the Legislature finds and declares:
   26         (a) That the inability to conduct site rehabilitation in
   27  advance of a site’s priority ranking pursuant to s.
   28  376.3071(5)(a) may substantially impede or prohibit property
   29  redevelopment, property transactions, or the proper completion
   30  of public works projects.
   31         (c) It is in the public interest and of substantial
   32  economic benefit to the state to provide an opportunity for site
   33  rehabilitation to be conducted on a limited basis at
   34  contaminated sites, in advance of the site’s priority ranking,
   35  to encourage redevelopment and facilitate property transactions
   36  or public works projects.
   37         (2) The department may approve an application for advanced
   38  cleanup at eligible sites, including applications submitted
   39  pursuant to paragraph (c), notwithstanding the site’s priority
   40  ranking established pursuant to s. 376.3071(5)(a), pursuant to
   41  this section. Only the facility owner or operator or the person
   42  otherwise responsible for site rehabilitation qualifies as an
   43  applicant under this section.
   44         (a) Advanced cleanup applications may be submitted between
   45  May 1 and June 30 and between November 1 and December 31 of each
   46  fiscal year. Applications submitted between May 1 and June 30
   47  shall be for the fiscal year beginning July 1. An application
   48  must consist of:
   49         1. A commitment to pay 25 percent or more of the total
   50  cleanup cost deemed recoverable under this section along with
   51  proof of the ability to pay the cost share. The department shall
   52  determine whether the cost savings demonstration is acceptable.
   53  Such determination is not subject to chapter 120.
   54         a. Applications for the aggregate cleanup of five or more
   55  sites may be submitted in one of two formats to meet the cost
   56  share requirement:
   57         (I) For an aggregate application proposing that the
   58  department enter into a performance-based contract, the
   59  applicant may use a commitment to pay, a demonstrated cost
   60  savings to the department, or both to meet the requirement.
   61         (II) For an aggregate application relying on a demonstrated
   62  cost savings to the department, the applicant shall, in
   63  conjunction with the proposed agency term contractor, establish
   64  and provide in the application the percentage of cost savings in
   65  the aggregate that is being provided to the department for
   66  cleanup of the sites under the application compared to the cost
   67  of cleanup of those same sites using the current rates provided
   68  to the department by the proposed agency term contractor.
   69         b. Applications for the cleanup of individual sites may be
   70  submitted in one of two formats to meet the cost-share
   71  requirement:
   72         (I) For an individual application proposing that the
   73  department enter into a performance-based contract, the
   74  applicant may use a commitment to pay, a demonstrated cost
   75  savings to the department, or both to meet the requirement.
   76         (II) For an individual application relying on a
   77  demonstrated cost savings to the department, the applicant
   78  shall, in conjunction with the proposed agency term contractor,
   79  establish and provide in the application a 25-percent cost
   80  savings to the department for cleanup of the site under the
   81  application compared to the cost of cleanup of the same site
   82  using the current rates provided to the department by the
   83  proposed agency term contractor.
   84         2. A nonrefundable review fee of $250 to cover the
   85  administrative costs associated with the department’s review of
   86  the application.
   87         3. A limited contamination assessment report.
   88         4. A proposed course of action.
   89         5. A department site access agreement, or similar
   90  agreements approved by the department that do not violate state
   91  law, entered into with the property owner or owners, as
   92  applicable, and evidence of authorization from such owner or
   93  owners for petroleum site rehabilitation program tasks
   94  consistent with the proposed course of action where the
   95  applicant is not the property owner for any of the sites
   96  contained in the application.
   97  
   98  The limited contamination assessment report must be sufficient
   99  to support the proposed course of action and to estimate the
  100  cost of the proposed course of action. Costs incurred related to
  101  conducting the limited contamination assessment report are not
  102  refundable from the Inland Protection Trust Fund. Site
  103  eligibility under this subsection or any other provision of this
  104  section is not an entitlement to advanced cleanup or continued
  105  restoration funding. The applicant shall certify to the
  106  department that the applicant has the prerequisite authority to
  107  enter into an advanced cleanup contract with the department. The
  108  certification must be submitted with the application.
  109         (b) The department shall rank the applications based on the
  110  percentage of cost-sharing commitment proposed by the applicant,
  111  with the highest ranking given to the applicant who proposes the
  112  highest percentage of cost sharing. If the department receives
  113  applications that propose identical cost-sharing commitments and
  114  that exceed the funds available to commit to all such proposals
  115  during the advanced cleanup application period, the department
  116  shall proceed to rerank those applicants. Those applicants
  117  submitting identical cost-sharing proposals that exceed funding
  118  availability must be so notified by the department and offered
  119  the opportunity to raise their individual cost-share
  120  commitments, in a period specified in the notice. At the close
  121  of the period, the department shall proceed to rerank the
  122  applications pursuant to this paragraph.
  123         (c)Applications for the advanced cleanup of individual
  124  sites scheduled for redevelopment are not subject to the
  125  application period limitations or the requirement to pay 25
  126  percent of the total cleanup cost specified in paragraph (a) or
  127  to the cost-sharing commitment specified in paragraph (1)(d).
  128  Applications must be accepted on a first-come, first-served
  129  basis and are not subject to the ranking provisions of paragraph
  130  (b). Applications for the advanced cleanup of individual sites
  131  scheduled for redevelopment must include:
  132         1.A nonrefundable review fee of $250 to cover the
  133  administrative costs associated with the department’s review of
  134  the application.
  135         2.A limited contamination assessment report. The report
  136  must be sufficient to support the proposed course of action and
  137  to estimate the cost of the proposed course of action. Costs
  138  incurred related to conducting and preparing the report are not
  139  refundable from the Inland Protection Trust Fund.
  140         3.A proposed course of action for cleanup of the site.
  141         4.If the applicant is not the property owner for any of
  142  the sites contained in the application, a department site access
  143  agreement, or a similar agreement approved by the department and
  144  not in violation of state law, entered into with the property
  145  owner or owners, as applicable, and evidence of authorization
  146  from such owner or owners for petroleum site rehabilitation
  147  program tasks consistent with the proposed course of action.
  148         5.A certification to the department stating that the
  149  applicant has the prerequisite authority to enter into an
  150  advanced cleanup contract with the department. The advanced
  151  cleanup contract must include redevelopment and site
  152  rehabilitation milestones.
  153         6.Documentation, in the form of a letter from the local
  154  government having jurisdiction over the area where the site is
  155  located, which states that the local government is in agreement
  156  with or approves the proposed redevelopment and that the
  157  proposed redevelopment complies with applicable law and
  158  requirements for such redevelopment.
  159         7.A demonstrated reasonable assurance that the applicant
  160  has sufficient financial resources to implement and complete the
  161  redevelopment project.
  162  
  163  Site eligibility under this section is not an entitlement to
  164  advanced cleanup funding or continued restoration funding.
  165         (4) The department may enter into contracts for a total of
  166  up to $30 $25 million of advanced cleanup work in each fiscal
  167  year. Up to $5 million of these funds may be designated by the
  168  department for advanced cleanup of individual sites scheduled
  169  for redevelopment under paragraph (2)(c).
  170         (a)However, A facility or an applicant who bundles
  171  multiple sites as specified in subparagraph (2)(a)1. may not be
  172  approved for more than $5 million of cleanup activity in each
  173  fiscal year.
  174         (b)A facility or an applicant applying for advanced
  175  cleanup of individual sites scheduled for redevelopment pursuant
  176  to paragraph (2)(c) may not be approved for more than $1 million
  177  of cleanup activity in any one fiscal year.
  178         (c) A property owner or responsible party may enter into a
  179  voluntary cost-share agreement in which the property owner or
  180  responsible party commits to bundle multiple sites and lists the
  181  facilities that will be included in those future bundles. The
  182  facilities listed are not subject to agency term contractor
  183  assignment pursuant to department rule. The department must
  184  reserve reserves the right to terminate or amend the voluntary
  185  cost-share agreement for any identified site under the voluntary
  186  cost-share agreement if the property owner or responsible party
  187  fails to submit an application to bundle any site, not already
  188  covered by an advance cleanup contract, under such voluntary
  189  cost-share agreement within three a subsequent open application
  190  periods or 18 months, whichever period is shorter, period during
  191  which it is eligible to participate. The property owner or
  192  responsible party must agree to conduct limited site assessments
  193  on the identified sites within 12 months after the execution of
  194  the voluntary cost-share agreement. For the purposes of this
  195  
  196  ================= T I T L E  A M E N D M E N T ================
  197  And the title is amended as follows:
  198         Delete lines 2 - 16
  199  and insert:
  200         An act relating to contaminated site cleanup; amending
  201         s. 376.3071, F.S.; providing an exception to prompt
  202         payment requirements to subcontractors and suppliers;
  203         amending s. 376.30713, F.S.; revising legislative
  204         findings; specifying that applicants for advanced
  205         cleanup of certain individual sites are not subject to
  206         application period limitations and need not pay a
  207         certain cost-sharing commitment; requiring
  208         applications by such applicants to be accepted on a
  209         first-come, first-served basis; providing that such
  210         applications are not subject to certain ranking
  211         provisions; specifying application requirements;
  212         providing construction; increasing the amount per year
  213         that the Department of Environmental Protection may
  214         use for advanced cleanup work; specifying expenditure
  215         limitations; revising duties of property owners and
  216         responsible parties with respect to voluntary cost
  217         share agreements; amending s.