House Bill 3717e1
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                                    CS/CS/HB 3717, First Engrossed
  1                      A bill to be entitled
  2         An act relating to clean air; creating ss.
  3         252.934, 252.935, 252.936, 252.937, 252.938,
  4         252.939, 252.940, 252.941, 252.942, 252.944,
  5         252.945, and 252.946, F.S.; providing for the
  6         Florida Accidental Release Prevention and Risk
  7         Management Planning Act; providing a short
  8         title and purpose; defining terms; directing
  9         the Department of Community Affairs to seek
10         delegation from the U.S. Environmental
11         Protection Agency to implement the Accidental
12         Release Prevention Program under the federal
13         Clean Air Act or specified sources; providing
14         department powers and duties; providing for
15         funding and fees; providing enforcement
16         authority; providing penalties; authorizing the
17         department to conduct inspections and audits;
18         providing for tort liability; providing for a
19         startup loan; providing procedures for the
20         release of information; amending s. 252.85,
21         F.S.; deleting certain standard industrial
22         classification codes from certain annual
23         reporting requirements; allowing the Department
24         of Community Affairs to consider certain
25         factors in assessing late fees; providing for
26         review of the Florida Accidental Release
27         Prevention and Risk Management Planning Act;
28         providing an effective date.
29
30  Be It Enacted by the Legislature of the State of Florida:
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                                    CS/CS/HB 3717, First Engrossed
  1         Section 1.  Part IV of chapter 252, consisting of
  2  sections 252.934, 252.935, 252.936, 252.937, 252.938, 252.939,
  3  252.940, 252.941, 252.942, 252.944, 252.945, and 252.946,
  4  Florida Statutes, is created to read:
  5         252.934  Short title.--This part may be cited as the
  6  "Florida Accidental Release Prevention and Risk Management
  7  Planning Act."
  8         252.935  Purpose.--The purpose of this part is to
  9  establish adequate state authorities to implement, fund, and
10  enforce the requirements of the Accidental Release Prevention
11  Program of Section 112(r)(7) of the federal Clean Air Act and
12  federal implementing regulations for specified sources. To
13  ensure the efficient use of resources, it is the intent of the
14  Legislature for the state to seek delegation of the Section
15  112(r)(7) Accidental Release Prevention Program from the
16  United States Environmental Protection Agency for specified
17  sources, and for duplication and redundancy to be avoided to
18  the maximum extent practicable with no expansion of or
19  addition to the regulatory program.
20         252.936  Definitions.--As used in this part, the term:
21         (1)  "Accidental release" means an unanticipated
22  emission of a regulated substance into the ambient air from a
23  stationary source.
24         (2)  "Accidental Release Prevention Program" means the
25  program to implement the accidental release prevention,
26  detection, and response provisions of Section 112(r)(7) of the
27  Clean Air Act and federal implementing regulations.
28         (3)  "Audit" means a review of information at a
29  stationary source subject to Section 112(r)(7), or submitted
30  by a stationary source subject to Section 112(r)(7), to
31  determine whether that stationary source is in compliance with
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                                    CS/CS/HB 3717, First Engrossed
  1  the requirements of this part and rules adopted to implement
  2  this part. Audits must include a review of the adequacy of the
  3  stationary source's Risk Management Plan, may consist of
  4  reviews of information submitted to the department or the
  5  United States Environmental Protection Agency to determine
  6  whether the plan is complete or whether revisions to the plan
  7  are needed, and the reviews may be conducted at the stationary
  8  source to confirm that information onsite is consistent with
  9  reported information.
10         (4)  "Chemical Safety and Hazard Investigation Board"
11  means the federal Chemical Safety and Hazard Investigation
12  Board created under Section 112(r)(6) of the Clean Air Act.
13         (5)  "Clean Air Act" means the federal Clean Air Act,
14  as amended, codified at 42 U.S.C. ss. 7401-7671q.
15         (6)  "Commission" means the State Emergency Response
16  Commission for Hazardous Materials created by Executive Order
17  94-138.
18         (7)  "Committee" means any local emergency planning
19  committee established in the state under s. 301 of the federal
20  Emergency Planning and Community Right To Know Act, 42 U.S.C.
21  s. 11001, et seq.
22         (8)  "Department" means the Department of Community
23  Affairs.
24         (9)  "Inspection" means a review of information at a
25  stationary source subject to Section 112(r)(7), including
26  documentation and operating practices and access to the source
27  and to any area where an accidental release could occur, to
28  determine whether the stationary source is in compliance with
29  the requirements of this part or rules adopted to implement
30  this part.
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                                    CS/CS/HB 3717, First Engrossed
  1         (10)  "Owner or operator" means any person who owns,
  2  leases, operates, controls, or supervises any stationary
  3  source subject to Section 112(r)(7) of the Clean Air Act.
  4         (11)  "Person" means an individual, corporation,
  5  partnership, association, state or any agency or institution
  6  thereof, municipality, political subdivision of the state, and
  7  any agency, department, or instrumentality of the United
  8  States, and any officer, agent, or employee thereof, and, for
  9  the purposes of s. 252.941, any responsible corporate officer.
10         (12)  "Process" means a process as that term is defined
11  under 40 C.F.R. part 68.
12         (13)  "Program level" means a Program 1, Program 2, or
13  Program 3 stationary source level as determined under 40
14  C.F.R. part 68.
15         (14)  "Regulated substance" means any regulated
16  substance defined or listed under Section 112(r)(3) of the
17  Clean Air Act and federal implementing regulations. Consistent
18  with Section 112(r)(7) federal implementing regulations,
19  ammonia used as an agricultural nutrient, when held by
20  farmers, is exempt from this part.
21         (15)  "Risk Management Plan" means the Risk Management
22  Plan required under Section 112(r)(7) of the Clean Air Act and
23  federal implementing regulations.
24         (16)  "Section 112(r)" means the provisions of Section
25  112(r) of the Clean Air Act.
26         (17)  "Section 112(r)(7)" means the accidental release
27  prevention, detection, and response provisions in Section
28  112(r)(7) of the Clean Air Act.
29         (18)  "Stationary source" means any buildings,
30  structures, equipment, installations, or regulated substance
31  emitting stationary activities which belong to the same
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                                    CS/CS/HB 3717, First Engrossed
  1  industrial group, which are located on one or more contiguous
  2  properties, which are under the control of the same person (or
  3  persons under common control), and from which an accidental
  4  release may occur. The term does not apply to transportation,
  5  including storage incident to transportation of any regulated
  6  substance under the provisions of this part. A stationary
  7  source includes transportation containers used for storage not
  8  incident to transportation and transportation containers
  9  connected to equipment at the stationary source for loading or
10  unloading. Transportation includes, but is not limited to,
11  transportation that is subject to oversight or regulation
12  under 49 C.F.R. part 192, part 193, or part 195 or a state
13  natural gas or hazardous liquid program for which the state
14  has in effect a certification to the United States Department
15  of Transportation under 40 U.S.C. s. 60105. A stationary
16  source does not include naturally occurring hydrocarbon
17  reservoirs. Properties may not be considered contiguous solely
18  because of a railroad or gas pipeline right-of-way. Stationary
19  sources subject to chapter 527 whose only regulated substance
20  subject to Section 112(r)(7) is liquefied petroleum gas are
21  exempt from this part.
22         (19)  "Trust fund" means the Operating Trust Fund
23  established in the department's Division of Emergency
24  Management.
25         252.937  Department powers and duties.--
26         (1)  The department has the power and duty to:
27         (a)1.  Seek delegation from the United States
28  Environmental Protection Agency to implement the Accidental
29  Release Prevention Program under Section 112(r)(7) of the
30  Clean Air Act and the federal implementing regulations for
31  specified stationary sources subject to Section 112(r)(7) of
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                                    CS/CS/HB 3717, First Engrossed
  1  the Clean Air Act. Implementation for all other sources
  2  subject to Section 112(r)(7) of the Clean Air Act will be
  3  performed by the United States Environmental Protection
  4  Agency; and
  5         2.  Ensure the timely submission of Risk Management
  6  Plans and any subsequent revisions of Risk Management Plans.
  7         (b)  Adopt, modify, and repeal rules, with the advice
  8  and consent of the commission, necessary to obtain delegation
  9  from the United States Environmental Protection Agency and to
10  administer the Section 112(r)(7) Accidental Release Prevention
11  Program in this state for the specified stationary sources
12  with no expansion or addition of the regulatory program.
13         (c)  Make and execute contracts and other agreements
14  necessary or convenient to the implementation of this part.
15         (d)  Coordinate its activities under this part with its
16  other emergency management responsibilities, including its
17  responsibilities and activities under parts I, II, and III of
18  this chapter and with the related activities of other state
19  and local agencies, keeping separate accounts for all
20  activities conducted under this part which are supported or
21  partially supported from the trust fund.
22         (e)  Establish, with the advice and consent of the
23  commission, a technical assistance and outreach program on or
24  before January 31, 1999, to assist owners and operators of
25  specified stationary sources subject to Section 112(r)(7) in
26  complying with the reporting and fee requirements of this
27  part. This program is designed to facilitate and ensure timely
28  submission of proper certifications or compliance schedules
29  and timely submission and registration of Risk Management
30  Plans and revised registrations and Risk Management Plans when
31  required for these sources.
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                                    CS/CS/HB 3717, First Engrossed
  1         (f)  Make a quarterly report to the State Hazardous
  2  Materials Emergency Response Commission on income and expenses
  3  for the state's Accidental Release Prevention Program under
  4  this part.
  5         (2)  To ensure that this program is self-supporting,
  6  the department shall provide administrative support, including
  7  staff, facilities, materials, and services to implement this
  8  part for specified stationary sources subject to s. 252.939
  9  and shall provide necessary funding to local emergency
10  planning committees and county emergency management agencies
11  for work performed to implement this part. Each state agency
12  with regulatory, inspection, or technical assistance programs
13  for specified stationary sources subject to this part shall
14  enter into a Memorandum of Understanding with the department
15  which specifically outlines how each agency's staff,
16  facilities, materials, and services will be utilized to
17  support implementation. At a minimum, these agencies and
18  programs include:  the Department of Environmental
19  Protection's Division of Air Resources Management and Division
20  of Water Facilities, and the Department of Labor and
21  Employment Security's Division of Safety. It is the
22  Legislature's intent to implement this part as efficiently and
23  economically as possible, using existing expertise and
24  resources, if available and appropriate.
25         (3)  To prevent the duplication of investigative
26  efforts and resources, the department, on behalf of the
27  commission, shall coordinate with any federal agencies or
28  agents thereof, including the federal Chemical Safety and
29  Hazard Investigation Board, or its successor, which are
30  performing accidental release investigations for specified
31  stationary sources, and may coordinate with any agencies of
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                                    CS/CS/HB 3717, First Engrossed
  1  the state which are performing accidental release
  2  investigations. This accidental release investigation
  3  coordination is not intended to limit or take the place of any
  4  individual agency accidental release investigation under
  5  separate authority.
  6         (4)  To promote efficient administration of this
  7  program for the specified stationary sources, the only agency
  8  which may seek delegation from the United States Environmental
  9  Protection Agency for this program is the Florida Department
10  of Community Affairs. Further, the Florida Department of
11  Community Affairs shall not delegate this program to any local
12  environmental agency.
13         252.938  Funding.--
14         (1)  It is the intent of the Legislature that the state
15  activities and expenditures under this part be self-sustaining
16  through fees contributed by specified sources as provided in
17  this part.
18         (2)  All fees and penalties collected under this part
19  must be deposited in the Operating Trust Fund for
20  appropriation to fund the state's Accidental Release
21  Prevention Program under this part.
22         252.939  Fees.--
23         (1)(a)  Any owner or operator of a specified stationary
24  source in the state which must submit a Risk Management Plan
25  to the United States Environmental Protection Agency under
26  Section 112(r)(7) shall pay an annual registration fee for
27  each specified stationary source to the department. The annual
28  registration fee is due to the department upon initial
29  submission of a stationary source's Risk Management Plan to
30  the United States Environmental Protection Agency, and every
31  April 1 thereafter.
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                                    CS/CS/HB 3717, First Engrossed
  1         (b)  Prior individual written notice shall be provided
  2  by United States mail by the department to owners or operators
  3  of specified stationary sources in the state subject to the
  4  requirements under Section 112(r)(7) to submit Risk Management
  5  Plans and corresponding state registration fees. This notice
  6  must include the requirements of the state fee schedule and
  7  must be mailed at least 90 days before the due date for the
  8  specified stationary source's initial registration and Risk
  9  Management Plan submission year and at least 30 days before
10  the registration fee due date for subsequent years.
11         (c)  The department shall establish a fee schedule by
12  rule for the specified stationary sources, upon the advice and
13  consent of the commission.  The annual registration fee must
14  be based on a stationary source's highest program level, as
15  determined under the federal implementing regulations for
16  Section 112(r)(7) and may not exceed the following:
17         1.  Program 1 Stationary Sources $100. Multiple Program
18  1 stationary sources which are under common ownership and
19  which have the same single chemical process shall pay a full
20  fee for the first stationary source location and a 50-percent
21  fee for subsequent locations, with no owner of such multiple
22  stationary sources paying more than $1,000. To be eligible for
23  this multiple stationary source fee provision, one single fee
24  payment must be submitted by the owner of the eligible
25  multiple stationary source locations with a listing of the
26  multiple stationary source locations and the single chemical
27  process.
28         2.  Program 2 Stationary Sources $200. Multiple Program
29  2 stationary sources which are under common ownership and
30  which have the same single chemical process shall pay a full
31  fee for the first three stationary source locations and a
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                                    CS/CS/HB 3717, First Engrossed
  1  50-percent fee for subsequent locations, with no owner of such
  2  multiple stationary sources paying more than $2,000. Multiple
  3  Program 2 stationary sources which are under common ownership
  4  and which are classified under one of the following Standard
  5  Industrial Classification group numbers 01, 02, or 07 shall
  6  pay a full fee, not to exceed $100 for the first stationary
  7  source location, and a 50-percent fee for subsequent
  8  locations, with no owner of such multiple stationary sources
  9  paying more than $800. To be eligible for this multiple
10  stationary source fee provisions, one single fee payment must
11  be submitted by the owner of the eligible multiple stationary
12  source locations with a listing of the multiple stationary
13  source locations and the chemical process.
14         3.  Program 3 Stationary Sources $1,000.
15         (d)  Annual registration fees under this section are
16  not required until after the department receives final
17  delegation approval from the United States Environmental
18  Protection Agency to administer the Section 112(r)(7)
19  Accidental Release Prevention Program for the specified
20  stationary sources.
21         (2)  The department shall establish by rule late fees,
22  not to exceed 10 percent per month of the annual registration
23  fee owed, and not to exceed a total of 50 percent of the
24  annual registration fee, for failure to timely submit an
25  annual registration fee.  A late fee may not be assessed
26  against a stationary source during the initial registration
27  and submission year if 90 days prior written notice of the
28  annual registration fee was not provided to that stationary
29  source.
30
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                                    CS/CS/HB 3717, First Engrossed
  1         (3)  In determining whether an annual registration fee
  2  is timely submitted under subsections (1) and (2), if the fee
  3  is:
  4         (a)  Mailed via United States mail, the date of
  5  submittal is the date evidenced by the postmark.
  6         (b)  Delivered by overnight or other private mail
  7  carriers, the date of submittal is the date the package is
  8  deposited with the overnight carrier.
  9         (c)  Hand-delivered, other than by overnight or private
10  mail carrier, the date of submittal is the date of actual
11  receipt.
12         (4)  If the Legislature directs the department to seek
13  authority to implement and enforce Section 112(r)(7) of the
14  Clean Air Act for additional stationary sources, the
15  department shall, with the advise of the commission, review
16  and suggest revisions, if necessary and appropriate, to the
17  fees specified in s. 252.939.
18         252.940  Enforcement; procedure; remedies.--
19         (1)  The department has the following enforcement
20  authority and remedies for specified stationary sources
21  available to it for violations of this part as specified in s.
22  252.941:
23         (a)  To institute a civil action in a court of
24  competent jurisdiction in order to seek injunctive relief to
25  immediately restrain or enjoin any person from engaging in any
26  activity in violation of this part which is presenting an
27  imminent and substantial endangerment to the public health or
28  welfare or the environment; and to seek injunctive relief to
29  enforce compliance with this part or any rule, regulation,
30  program requirement, or order implementing this part.
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                                    CS/CS/HB 3717, First Engrossed
  1         (b)  To institute a civil action in a court of
  2  competent jurisdiction to impose and to recover a civil
  3  penalty for each violation, as specified in s. 252.941(1), in
  4  an amount of not more than $10,000 per offense. However, the
  5  court may receive evidence in mitigation. Each day during any
  6  portion of which such violation occurs constitutes a separate
  7  offense.
  8         (c)  To seek criminal remedies, including fines, for
  9  violations as specified in s. 252.941(2).
10         (d)  Failure to comply with the fee provisions under s.
11  252.939 is not a violation under s. 252.941. Section
12  252.939(2) is the sole remedy for fee provisions in s.
13  252.939, except that the department may enforce a final order
14  entered under that section pursuant to s. 120.69.
15         (2)  An action may not be commenced or continued under
16  this section if the Administrator of the United States
17  Environmental Protection Agency has commenced and is
18  diligently pursuing an administrative order or civil or
19  criminal action to enforce a specific requirement or to impose
20  a civil or criminal penalty under Section 112(r) with respect
21  to the specific violation. If the United States Environmental
22  Protection Agency initiates any action after the state has
23  initiated an action based on the same cause, the state suit
24  shall be dismissed without prejudice and may be refiled only
25  in the event that the United States Environmental Protection
26  Agency discontinues the enforcement action prior to settlement
27  or final judgment.
28         (3)  For the purposes of this section, the department
29  may offer and accept the use of emergency planning, training,
30  and response-related Supplemental Environmental Projects,
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                                    CS/CS/HB 3717, First Engrossed
  1  consistent with the guidelines established by the United
  2  States Environmental Protection Agency.
  3         (4)  The authorities and remedies provided under this
  4  section shall not take effect until after such time as the
  5  department has received final delegation approval from the
  6  United States Environmental Protection Agency to administer
  7  the Section 112(r)(7) Accidental Release Prevention Program
  8  for specified stationary sources.
  9         252.941  Prohibitions, violations, penalties, intent.--
10         (1)  It is a violation of this part, and it is
11  prohibited for any person to:
12         (a)  Fail to make any submittal required by this part
13  or by rule or regulation implementing this part, or to violate
14  or fail to comply with any rule, regulation, order, plan, or
15  certification adopted or issued by the department pursuant to
16  its lawful authority under this part, other than fees under s.
17  252.939.
18         (b)  Knowingly make any false statement,
19  representation, or certification in any application, record,
20  report, plan, or other document filed or required to be
21  maintained under this part, or to falsify, tamper with, or
22  knowingly render inaccurate any monitoring device or method
23  required to be maintained under this part or by any program,
24  rule, regulation, or order issued under this part.
25         (c)  Fail to report to the appropriate representative
26  of the department, as established by department rule, within 1
27  working day of discovery of an accidental release of a
28  regulated substance from the stationary source, if the owner
29  or operator is required to report the release to the United
30  States Environmental Protection Agency under Section
31  112(r)(6).
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                                    CS/CS/HB 3717, First Engrossed
  1         (2)  Any person who willfully commits a violation
  2  specified in subsection (1) is guilty of a misdemeanor of the
  3  first degree punishable as provided in s. 775.083(1)(g) by a
  4  fine of not more than $10,000 for each offense. Each day
  5  during any portion of which such violation occurs constitutes
  6  a separate offense.
  7         (3)  It is the legislative intent that the civil
  8  penalties and criminal fines imposed by the court be of such
  9  amount as to ensure immediate and continued compliance with
10  this section.
11         (4)  The prohibitions and violations provided under
12  this section shall take effect after such time as the
13  department has received final delegation approval from the
14  United States Environmental Protection Agency to administer
15  the Section 112(r)(7) Accidental Release Prevention Program
16  for specified stationary sources.
17         252.942  Inspections and audits.--
18         (1)(a)  Any duly authorized representative of the
19  department may at any reasonable time enter to inspect and
20  audit, in order to ascertain compliance with this part or
21  rules adopted to implement this part, any specified stationary
22  source subject to the requirements of Section 112(r)(7),
23  except a building that is used exclusively for a private
24  residence.
25         (b)  Any duly authorized representative may at any
26  reasonable time have access to any specified stationary source
27  subject to Section 112(r)(7) for inspection and copying any
28  supporting documentation required under this part.
29         (c)  A person may not refuse reasonable entry or access
30  to any authorized representative of the department who
31  requests entry for purposes of inspection and who presents
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                                    CS/CS/HB 3717, First Engrossed
  1  appropriate credentials; nor shall any person obstruct,
  2  hamper, or interfere with such inspection.
  3         (2)  An inspection or audit under subsection (1) may be
  4  conducted only after:
  5         (a)  Consent for the inspection is received from the
  6  owner, operator, or person in charge; or
  7         (b)  The appropriate inspection warrant as provided in
  8  this section is obtained.
  9         (3)(a)  An inspection warrant as authorized by this
10  chapter may be issued by a judge of any county court or
11  circuit court of this state which has jurisdiction over the
12  place or thing to be searched.
13         (b)  When a proper affidavit is made, the judge may
14  issue an inspection warrant if:
15         1.  It appears that the properties to be inspected may
16  be connected with or contain evidence of the violation of any
17  of the provisions of this part or any rule properly
18  promulgated thereunder; or
19         2.  The inspection sought is an integral part of a
20  larger scheme of systematic routine inspections that are
21  necessary to, and consistent with, the continuing efforts of
22  the department to ensure compliance with the provisions of
23  this part and any rules adopted thereunder.
24         (c)  The judge shall, before issuing the warrant, have
25  the application for the warrant duly sworn to and subscribed
26  by a representative of the department; and he or she may
27  receive further testimony from witnesses, supporting
28  affidavits, or depositions in writing to support the
29  application. The affidavit and further proof must set forth
30  the facts tending to establish the grounds specified in
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                                    CS/CS/HB 3717, First Engrossed
  1  paragraph (b) or the reasons for believing that such grounds
  2  exist.
  3         (d)  Upon examination of the application and proofs
  4  submitted and if satisfied that cause exists for issuing the
  5  inspection warrant, the judge shall issue a warrant, signed by
  6  him or her with the name of his or her office, to any
  7  department representative, which warrant will authorize the
  8  representative to inspect the property described in the
  9  warrant.
10         (4)  The department shall periodically audit Risk
11  Management Plans submitted by owners or operators of
12  stationary sources subject to Section 112(r)(7) and require
13  revisions of such plans when necessary to ensure compliance
14  with this part. The audit and revision requirements must
15  substantially comply with federal regulations implementing
16  Section 112(r)(7). The department shall develop, with the
17  advice and consent of the commission, an annual audit work
18  plan which identifies specified stationary sources or audits
19  based on the program resources available. Stationary sources
20  will be prioritized for audits based on factors which include,
21  but are not limited to, stationary source location and
22  proximity to population centers, chemical characteristics and
23  inventories, stationary source accident history, process
24  accident history, compliance or inspection by allied agency
25  programs, and the results of stationary sources' self-audits.
26         (5)  Upon request, owners or operators of specified
27  stationary sources subject to Section 112(r)(7) shall receive
28  an oral exit interview at the conclusion of an inspection or
29  audit.
30         (6)  Following an audit or inspection, the department
31  shall issue the owner or operator a written preliminary
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                                    CS/CS/HB 3717, First Engrossed
  1  determination of any necessary revisions to the stationary
  2  source Risk Management Plan to ensure that the plan meets the
  3  requirements of this part and rules adopted to implement this
  4  part. The preliminary determination must include an
  5  explanation of the basis for the revisions, reflecting
  6  industry standards and guidelines to the extent that such
  7  standards and guidelines are applicable, and must include a
  8  timetable for their implementation.
  9         (7)  The department shall provide reasonable notice of
10  its intent to conduct an onsite inspection or audit of a
11  specified stationary source. Inspections or audits may be
12  conducted without notice in response to an accidental release
13  or to protect the public health, safety, and welfare.
14         252.944  Tort liability.--The commission and the
15  committees are state agencies, and the members of the
16  commission and committees are officers, employees, or agents
17  of the state for the purpose of s. 768.28.
18         252.945  Startup loan.--The department may advance a
19  startup loan in the amount of $400,000 from the hazardous
20  materials account in the Operating Trust Fund to support
21  initial implementation of this part. This loan must be repaid
22  in equal annual installments by 2006, beginning October 1,
23  2001.
24         252.946  Public records.--The Department of Community
25  Affairs, the State Hazardous Materials Emergency Response
26  Commission, and any local emergency planning committee may
27  assist persons in electronically accessing information
28  submitted to the United States Environmental Protection Agnecy
29  under this part of Section 112(e)(7) which is held by the
30  United States Environmental Protection Agency in its
31  centralized database.  If requested, the department, the
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                                    CS/CS/HB 3717, First Engrossed
  1  commission, or a committee may furnish copies of such United
  2  States Environmental Protection Agency records.
  3         Section 2.  Subsections (3) and (4) of section 252.85,
  4  Florida Statutes, are amended to read:
  5         252.85  Fees.--
  6         (3)  Any owner or operator of a facility with a
  7  Standard Industrial Classification Code between 20 and 39 that
  8  is required to submit a report or filing United States
  9  Environmental Protection Agency Form R report to the
10  commission under s. 313 of EPCRA shall pay an annual reporting
11  fee not to exceed $150 per Form R report for those s. 313
12  EPCRA listed substances in effect on January 1, 1998 1996.
13  The department shall establish by rule the date by which the
14  fee is to be paid, as well as a formula or method of
15  determining the applicable fee under this subsection.
16         (4)(a)  The department may assess a late fee for the
17  failure to submit a report or filing that substantially
18  complies with the requirements of EPCRA or s. 252.87 by the
19  specified date or for failure to pay any fee, including any
20  late fee, required by this section.  This late fee shall be in
21  addition to the fee otherwise imposed pursuant to this
22  section.  If the department elects to impose a late fee, it
23  shall provide the owner or operator with a written notice that
24  identifies the specific requirements which have not been met
25  and advises of its intent to assess a late fee.
26         (b)  The department may impose a late fee, subject to
27  the limitations set forth below:
28         1.  If the report, filing, or fee is submitted within
29  30 days after the receipt of the department's notice, no late
30  fee may be assessed.
31
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                                    CS/CS/HB 3717, First Engrossed
  1         2.  If the report, filing, or fee is not submitted
  2  within 30 days after the receipt of the department's notice,
  3  the department may impose a late fee in an amount equal to the
  4  amount of the annual registration fee, filing fee, or s. 313
  5  Form R fee due, not to exceed $2,000.
  6         3.  If the report, filing, or fee is not submitted
  7  within 90 days after the receipt of the department's notice,
  8  the department may issue a second notice. If the report,
  9  filing, or fee is not submitted within 30 days after receipt
10  of the department's second notice, the department may assess a
11  second late fee in an amount equal to twice the amount of the
12  annual registration fee, filing fee, or s. 313 Form R fee due,
13  not to exceed $4,000.
14         4.  The department may consider, but is not limited to
15  considering, the following factors in assessing late
16  fees:  good-faith attempt to comply; history of noncompliance;
17  ability to pay or continue in business; threat to health and
18  safety posed by noncompliance; and degree of culpability.
19         Section 3.  In the interim prior to the regular
20  legislative session in 2000, the appropriate substantive
21  committees of the Senate and the House of Representatives
22  shall conduct a review of the Florida Accidental Release
23  Prevention and Risk Management Planning Act.  The Department
24  of Community Affairs, the State Hazardous Materials Emergency
25  Response Commission, local emergency planning committees, the
26  Department of Environmental Protection, the Department of
27  Labor and Employment Security, county emergency management
28  agencies, and all other agencies or private entities providing
29  regulatory, inspection, or technical assistance under the
30  state's Accidental Release Prevention Program shall provide
31  information and assist in the review as needed.  The review
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                                    CS/CS/HB 3717, First Engrossed
  1  should include an analysis of the effectiveness and efficiency
  2  of the program, including the technical assistance and
  3  outreach programs offered; the level of participation in the
  4  program; the quality of the Risk Management Plans submitted;
  5  the adequacy of the administrative support provided and the
  6  efficiency and effectiveness of program administration,
  7  monitoring, coordination, and recordkeeping; the adequacy and
  8  quality of investigative efforts; the adequacy of the fee
  9  structure; the adequacy and quality of contracts entered into,
10  audits, or inspections; and any other aspect of the program as
11  determined by the legislative committees.  Subsequent to this
12  review, the legislative committees are to make recommendations
13  regarding whether to continue the program.  The committees are
14  to address what, if any, statutory provisions should be
15  modified in order to improve the program.  Legislation should
16  be promulgated to effectuate the committees' recommendations.
17         Section 4.  This act shall take effect upon becoming a
18  law.
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