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.

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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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