Senate Bill 0812c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                            CS for SB 812

    By the Committee on Natural Resources and Senators Dyer,
    Latvala, Williams, Brown-Waite, Diaz-Balart and Forman




    312-1677A-98

  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, 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         for funding and fees; providing enforcement

15         authority; providing penalties; authorizing the

16         department to conduct inspections and audits;

17         providing for tort liability; providing for a

18         start-up loan; providing procedures for the

19         release of information; amending s. 252.85,

20         F.S.; deleting certain standard industrial

21         classification codes from certain annual

22         reporting requirements; allowing the Department

23         of Community Affairs to consider certain

24         factors in assessing late fees; providing an

25         effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Part IV of chapter 252, consisting of

30  sections 252.934, 252.935, 252.936, 252.937, 252.938, 252.939,

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  252.940, 252.941, 252.942, 252.944, and 252.945, Florida

  2  Statutes, is created to read:

  3         252.934 Short title.--This part may be cited as the

  4  "Florida Accidental Release Prevention and Risk Management

  5  Planning Act."

  6         252.935 Purpose.--The purpose of this part is to

  7  establish adequate state authorities to implement, fund, and

  8  enforce the requirements of the Accidental Release Prevention

  9  Program of Section 112(r)(7) of the federal Clean Air Act and

10  federal implementing regulations for specified sources. To

11  ensure the efficient use of resources, it is the intent of the

12  Legislature for the state to seek delegation of the Section

13  112(r)(7) Accidental Release Prevention Program from the U.S.

14  Environmental Protection Agency for specified sources and for

15  duplication and redundancy to be avoided to the maximum extent

16  practicable.

17         252.936 Definitions.--As used in this part, the term:

18         (1)  "Accidental release" means an unanticipated

19  emission of a regulated substance into the ambient air from a

20  stationary source.

21         (2)  "Accidental Release Prevention Program" means the

22  program to implement the accidental release prevention,

23  detection, and response provisions of Section 112(r)(7) of the

24  Clean Air Act and federal implementing regulations.

25         (3)  "Audit" means a review of information at a

26  stationary source subject to Section 112(r)(7), or submitted

27  by a stationary source subject to Section 112(r)(7), to

28  determine whether that stationary source is in compliance with

29  the requirements of this part and rules adopted to implement

30  this part. Audits must include a review of the adequacy of the

31  stationary source's Risk Management Plan, may consist of

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  reviews of information submitted to the department or the U.S.

  2  Environmental Protection Agency to determine whether the plan

  3  is complete or whether revisions to the plan are needed, and

  4  the reviews may be conducted at the stationary source to

  5  confirm that information onsite is consistent with reported

  6  information.

  7         (4)  "Chemical Safety and Hazard Investigation Board"

  8  means the federal Chemical Safety and Hazard Investigation

  9  Board created under Section 112(r)(6) of the Clean Air Act.

10         (5)  "Clean Air Act" means the federal Clean Air Act,

11  as amended, codified at 42 USC ss. 7401-7671q.

12         (6)  "Commission" means the State Emergency Response

13  Commission for Hazardous Materials created by Executive Order

14  94-138.

15         (7)  "Committee" means any local emergency planning

16  committee established in the state under s. 301 of the federal

17  Emergency Planning and Community Right To Know Act, 42 USC s.

18  11001, et seq.

19         (8)  "Department" means the Department of Community

20  Affairs.

21         (9)  "Inspection" means a review of information at a

22  stationary source subject to Section 112(r)(7), including

23  documentation and operating practices and access to the source

24  and to any area where an accidental release could occur, to

25  determine whether the stationary source is in compliance with

26  the requirements of this part or rules adopted to implement

27  this part.

28         (10)  "Owner or operator" means any person who owns,

29  leases, operates, controls, or supervises any stationary

30  source subject to Section 112(r)(7) of the Clean Air Act.

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1         (11)  "Person" means an individual, corporation,

  2  partnership, association, state or any agency or institution

  3  thereof, municipality, political subdivision of the state, and

  4  any agency, department, or instrumentality of the United

  5  States, and any officer, agent, or employee thereof, and, for

  6  the purposes of s. 252.941, any responsible corporate officer.

  7         (12)  "Program 3 source" means any stationary source

  8  subject to 112(r)(7) of the Clean Air Act as defined by 40

  9  CFR, Part 68.

10         (13)  "Public source" means any stationary source

11  subject to Section 112(r)(7) of the Clean Air Act with a

12  governmental body as owner or operator.

13         (14)  "Regulated substance" means any regulated

14  substance defined or listed under Section 112(r)(3) of the

15  Clean Air Act and federal implementing regulations. Consistent

16  with Section 112(r)(7) federal implementing regulations,

17  ammonia used as an agricultural nutrient, when held by

18  farmers, is exempt from this part.

19         (15)  "Risk Management Plan" means the Risk Management

20  Plan required under Section 112(r)(7) of the Clean Air Act and

21  federal implementing regulations.

22         (16)  "Section 112(r)" means the provisions of Section

23  112(r) of the Clean Air Act.

24         (17)  "Section 112(r)(7)" means the accidental release

25  prevention, detection, and response provisions in Section

26  112(r)(7) of the Clean Air Act.

27         (18)  "Stationary source" means any buildings,

28  structures, equipment, installations, or regulated substance

29  emitting stationary activities which belong to the same

30  industrial group, which are located on one or more contiguous

31  properties, which are under the control of the same person (or

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  persons under common control), and from which an accidental

  2  release may occur. The term does not apply to transportation,

  3  including storage incident to transportation of any regulated

  4  substance under the provisions of this part. A stationary

  5  source includes transportation containers used for storage not

  6  incident to transportation and transportation containers

  7  connected to equipment at the stationary source for loading or

  8  unloading. Transportation includes, but is not limited to,

  9  transportation that is subject to oversight or regulation

10  under 49 CFR parts 192, 193, or 195 or a state natural gas or

11  hazardous liquid program for which the state has in effect a

12  certification to the United States Department of

13  Transportation under 40 U.S.C. s. 60105. A stationary source

14  does not include naturally occurring hydrocarbon reservoirs.

15  Properties may not be considered contiguous solely because of

16  a railroad or gas pipeline right-of-way.

17         (19)  "Trust fund" means the Operating Trust Fund

18  established in the department's Division of Emergency

19  Management.

20         252.937  Department powers and duties.--

21         (1)  The department has the power and duty to:

22         (a)1.  Seek delegation from the U.S. Environmental

23  Protection Agency to implement the Accidental Release

24  Prevention Program under Section 112(r)(7) of the Clean Air

25  Act and the federal implementing regulations for Program 3

26  sources and public sources subject to Section 112(r)(7) of the

27  Clean Air Act. Implementation for all other sources subject to

28  Section 112(r)(7) of the Clean Air Act will be performed by

29  the U.S. Environmental Protection Agency; and

30         2.  Ensure the timely submission of Risk Management

31  Plans and any subsequent revisions of Risk Management Plans.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1         (b)  Adopt, modify, and repeal rules, with the advice

  2  and consent of the commission, necessary to obtain delegation

  3  from the U.S. Environmental Protection Agency and to

  4  administer the Section 112(r)(7) Accidental Release Prevention

  5  Program in this state for Program 3 sources and public

  6  sources.

  7         (c)  Make and execute contracts and other agreements

  8  necessary or convenient to the implementation of this part.

  9         (d)  Coordinate its activities under this part with its

10  other emergency management responsibilities, including its

11  responsibilities and activities under parts I, II, and III of

12  this chapter and with the related activities of other state

13  and local agencies, keeping separate accounts for all

14  activities conducted under this part which are supported or

15  partially supported from the Trust Fund.

16         (e)  Establish, with the advice and consent of the

17  commission, a technical assistance and outreach program on or

18  before January 31, 1999, to assist owners and operators of

19  Program 3 and public stationary sources subject to Section

20  112(r)(7) in complying with the reporting and fee requirements

21  of this part. This program is designed to facilitate and

22  ensure timely submission of proper certifications or

23  compliance schedules and timely submission and registration of

24  Risk Management Plans and revised registrations and Risk

25  Management Plans when required for these sources.

26         (2)  To ensure that this program is self-supporting,

27  the department shall provide administrative support, including

28  staff, facilities, materials, and services to implement this

29  part for Program 3 and public stationary sources subject to s.

30  252.939 and shall provide necessary funding to local emergency

31  planning committees and county emergency management agencies

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  for work performed to implement this part. Each state agency

  2  with regulatory, inspection, or technical assistance programs

  3  for Program 3 and public stationary sources subject to this

  4  part shall enter into a Memorandum of Understanding with the

  5  department which specifically outlines how each agency's

  6  staff, facilities, materials, and services will be utilized to

  7  support implementation. At a minimum, these agencies and

  8  programs include:  the Department of Environmental

  9  Protection's Division of Air Resources Management and Division

10  of Water Facilities, and the Department of Labor and

11  Employment Security's Division of Safety. It is the

12  Legislature's intent to implement this part as efficiently and

13  economically as possible, using existing expertise and

14  resources, if available and appropriate.

15         (3)  To prevent the duplication of investigative

16  efforts and resources, the department, on behalf of the

17  commission, shall coordinate with any federal agencies or

18  agents thereof, including the federal Chemical Safety and

19  Hazard Investigation Board, or its successor, which are

20  performing accidental release investigations for Program 3 and

21  public stationary sources, and may coordinate with any

22  agencies of the state which are performing accidental release

23  investigations. This accidental release investigation

24  coordination is not intended to limit or take the place of any

25  individual agency accidental release investigation under

26  separate authority.

27         (4)  To promote efficient administration of this

28  program for public and Program 3 sources, the only agency

29  which may seek delegation from the U.S.E.P.A for this program

30  is the Florida Department of Community Affairs. Further, the

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  Florida Department of Community Affairs shall not delegate

  2  this program to any local environmental agency.

  3         252.938 Funding.--

  4         (1)  It is the intent of the Legislature that the state

  5  activities and expenditures under this part be self-sustaining

  6  through fees contributed by Program 3 and public sources as

  7  provided in this part.

  8         (2)  All fees and penalties collected under this part

  9  must be deposited in a separate account in the Operating Trust

10  Fund for appropriation to fund the state's Accidental Release

11  Prevention Program under this part.

12         252.939  Fees.--

13         (1)(a)  Any owner or operator of a Program 3 or public

14  stationary source in the state which must submit a Risk

15  Management Plan to the U.S. Environmental Protection Agency

16  under Section 112(r)(7) shall pay an annual registration fee

17  for each Program 3 or public stationary source to the

18  department. The annual registration fee is due to the

19  department upon initial submission of a stationary source's

20  Risk Management Plan to the U.S. Environmental Protection

21  Agency, and every April 1 thereafter.

22         (b)  Prior individual written notice shall be provided

23  by U.S. mail by the department to owners or operators of

24  Program 3 and public stationary sources in the state subject

25  to the requirements under Section 112(r)(7) to submit Risk

26  Management Plans and corresponding state registration fees.

27  This notice must include the requirements of the state fee

28  schedule and must be mailed at least 90 days before the due

29  date for the Program 3 or public stationary source's initial

30  registration and Risk Management Plan submission year and at

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  least 30 days before the registration fee due date for

  2  subsequent years.

  3         (c)  The department shall establish a fee schedule by

  4  rule for Program 3 public and private sources and public

  5  sources in Program 1 or Program 2, upon the advice and consent

  6  of the commission. The annual registration fee must be based

  7  on a stationary source's highest program level, as determined

  8  under the federal implementing regulations for Section

  9  112(r)(7) and may not exceed the following:

10              Program 1 Stationary Sources    $  150

11              Program 2 Stationary Sources    $  200

12              Program 3 Stationary Sources    $1,000

13         (d)  Annual registration fees under this section are

14  not required until after the department receives final

15  delegation approval from the U.S. Enviromental Protection

16  Agency to administer the Section 112(r)(7) Accidental Release

17  Prevention Program for Program 3 and public stationary

18  sources.

19         (2)  The department shall establish by rule late fees,

20  not to exceed 100 percent of the annual registration fee owed,

21  for failure to timely submit an annual registration fee. A

22  late fee may not be assessed against a Program 3 or public

23  stationary source during the initial registration and

24  submission year if 90 days prior written notice was not

25  provided to that Program 3 or public stationary source.

26         (3)  In determining whether an annual registration fee

27  is timely submitted under subsections (1) and (2), if the fee

28  is:

29         (a)  Mailed via U.S. mail, the date of submittal is the

30  date evidenced by the postmark.

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1         (b)  Delivered by overnight or other private mail

  2  carriers, the date of submittal is the date the package is

  3  deposited with the overnight carrier.

  4         (c)  Hand-delivered, other than by overnight or private

  5  mail carrier, the date of submittal is the date of actual

  6  receipt.

  7         (4)  If the Legislature directs the department to seek

  8  authority to implement and enforce Section 112(r)(7) of the

  9  Clean Air Act for additional stationary sources, the

10  department shall, with the advise of the commission, review

11  and suggest revisions, if necessary and appropriate, to the

12  fees specified in s. 252.939.

13         252.940  Enforcement; procedure; remedies.--

14         (1)  The department has the following enforcement

15  authority and remedies for Program 3 and public stationary

16  sources available to it for violations of this part as

17  specified in s. 252.941:

18         (a)  To institute a civil action in a court of

19  competent jurisdiction in order to seek injunctive relief to

20  immediately restrain or enjoin any person from engaging in any

21  activity in violation of this part which is presenting an

22  imminent and substantial endangerment to the public health or

23  welfare or the environment; and to seek injunctive relief to

24  enforce compliance with this part or any rule, regulation,

25  program requirement, or order implementing this part.

26         (b)  To institute a civil action in a court of

27  competent jurisdiction to impose and to recover a civil

28  penalty for each violation, as specified in s. 252.941(1), in

29  an amount of not more than $10,000 per offense. However, the

30  court may receive evidence in mitigation. Each day during any

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  portion of which such violation occurs constitutes a separate

  2  offense.

  3         (c)  To seek criminal remedies, including fines, for

  4  violations as specified in s. 252.941(2).

  5         (d)  Failure to comply with the fee provisions under s.

  6  252.939 is not a violation under s. 252.941. Section

  7  252.939(2) is the sole remedy for fee provisions in s.

  8  252.939, except that the department may enforce a final order

  9  entered under that section pursuant to s. 120.69.

10         (2)  An action may not be commenced or continued under

11  this section if the Administrator of the U.S. Environmental

12  Protection Agency has commenced and is diligently pursuing an

13  administrative order or civil or criminal action to enforce a

14  specific requirement or to impose a civil or criminal penalty

15  under Section 112(r) with respect to the specific violation.

16  If the U.S. Environmental Protection Agency initiates any

17  action after the state has initiated an action based on the

18  same cause, the state suit shall be dismissed without

19  prejudice and may be refiled only in the event that the U.S.

20  Environmental Protection Agency discontinues the enforcement

21  action prior to settlement or final judgment.

22         (3)  For the purposes of this section, the department

23  may offer and accept the use of Supplemental Environmental

24  Projects, consistent with the guidelines established by the

25  U.S. Environmental Protection Agency.

26         (4)  The authorities and remedies provided under this

27  section shall not take effect until after such time as the

28  department has received final delegation approval from the

29  U.S. Environmental Protection Agency to administer the Section

30  112(r)(7) Accidental Release Prevention Program for Program 3

31  and public stationary sources.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1         252.941 Prohibitions, violations, penalties, intent.--

  2         (1)  It is a violation of this part, and it is

  3  prohibited for any person to:

  4         (a)  Fail to make any submittal required by this part

  5  or by rule or regulation implementing this part, or to violate

  6  or fail to comply with any rule, regulation, order, plan, or

  7  certification adopted or issued by the department pursuant to

  8  its lawful authority under this part, other than fees under s.

  9  252.939.

10         (b)  Knowingly make any false statement,

11  representation, or certification in any application, record,

12  report, plan, or other document filed or required to be

13  maintained under this part, or to falsify, tamper with, or

14  knowingly render inaccurate any monitoring device or method

15  required to be maintained under this part or by any program,

16  rule, regulation, or order issued under this part.

17         (c)  Fail to report to the appropriate representative

18  of the department, as established by department rule, within 1

19  working day of discovery of an accidental release of a

20  regulated substance from the stationary source, if the owner

21  or operator is required to report the release to the U.S.

22  Environmental Protection Agency under Section 112(r)(6).

23         (2)  Any person who willfully commits a violation

24  specified in subsection (1) is guilty of a misdemeanor of the

25  first degree punishable as provided in s. 775.083(1)(g) by a

26  fine of not more than $10,000 for each offense. Each day

27  during any portion of which such violation occurs constitutes

28  a separate offense.

29         (3)  It is the legislative intent that the civil

30  penalties and criminal fines imposed by the court be of such

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  amount as to ensure immediate and continued compliance with

  2  this section.

  3         (4)  The prohibitions and violations provided under

  4  this section shall take effect after such time as the

  5  department has received final delegation approval from the

  6  U.S. Environmental Protection Agency to administer the Section

  7  112(r)(7) Accidental Release Prevention Program for Program 3

  8  and public stationary sources.

  9         252.942 Inspections and audits.--

10         (1)(a)  Any duly authorized representative of the

11  department may at any reasonable time enter to inspect and

12  audit, in order to ascertain compliance with this part or

13  rules adopted to implement this part, any Program 3 or public

14  stationary source subject to the requirements of Section

15  112(r)(7), except a building that is used exclusively for a

16  private residence.

17         (b)  Any duly authorized representative may at any

18  reasonable time have access to any Program 3 or public

19  stationary source subject to Section 112(r)(7) for inspection

20  and copying any supporting documentation required under this

21  part.

22         (c)  A person may not refuse reasonable entry or access

23  to any authorized representative of the department who

24  requests entry for purposes of inspection and who presents

25  appropriate credentials; nor shall any person obstruct,

26  hamper, or interfere with such inspection.

27         (2)  An inspection or audit under subsection (1) may be

28  conducted only after:

29         (a)  Consent for the inspection is received from the

30  owner, operator, or person in charge; or

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1         (b)  The appropriate inspection warrant as provided in

  2  this section is obtained.

  3         (3)(a)  An inspection warrant as authorized by this

  4  chapter may be issued by a judge of any county court or

  5  circuit court of this state which has jurisdiction over the

  6  place or thing to be searched.

  7         (b)  When a proper affidavit is made, the judge may

  8  issue an inspection warrant if:

  9         1.  It appears that the properties to be inspected may

10  be connected with or contain evidence of the violation of any

11  of the provisions of this Part or any rule properly

12  promulgated thereunder; or

13         2.  The inspection sought is an integral part of a

14  larger scheme of systematic routine inspections that are

15  necessary to, and consistent with, the continuing efforts of

16  the department to ensure compliance with the provisions of

17  this part and any rules adopted thereunder.

18         (c)  The judge shall, before issuing the warrant, have

19  the application for the warrant duly sworn to and subscribed

20  by a representative of the department; and he or she may

21  receive further testimony from witnesses, supporting

22  affidavits, or depositions in writing to support the

23  application. The affidavit and further proof must set forth

24  the facts tending to establish the grounds specified in

25  paragraph (b) or the reasons for believing that such grounds

26  exist.

27         (d)  Upon examination of the application and proofs

28  submitted and if satisfied that cause exists for issuing the

29  inspection warrant, the judge shall issue a warrant, signed by

30  him or her with the name of his or her office, to any

31  department representative, which warrant will authorize the

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  representative to inspect the property described in the

  2  warrant.

  3         (4)  The department shall periodically audit Risk

  4  Management Plans submitted by owners or operators of

  5  stationary sources subject to Section 112(r)(7) and require

  6  revisions of such plans when necessary to ensure compliance

  7  with this part. The audit and revision requirements must

  8  substantially comply with federal regulations implementing

  9  Section 112(r)(7). The department shall develop, with the

10  advice and consent of the commission, an annual audit work

11  plan which identifies Program 3 and public stationary sources

12  or audits based on the program resources available. Stationary

13  sources will be prioritized for audits based on factors which

14  include, but are not limited to, stationary source location

15  and proximity to population centers, chemical characteristics

16  and inventories, stationary source accident history, process

17  accident history, compliance or inspection by allied agency

18  programs, and the results of stationary sources' self-audits.

19         (5)  Upon request, owners or operators of Program 3 or

20  public stationary sources subject to Section 112(r)(7) shall

21  receive an oral exit interview at the conclusion of an

22  inspection or audit.

23         (6)  Following an audit or inspection, the department

24  shall issue the owner or operator a written preliminary

25  determination of any necessary revisions to the stationary

26  source Risk Management Plan to ensure that the plan meets the

27  requirements of this part and rules adopted to implement this

28  part. The preliminary determination must include an

29  explanation of the basis for the revisions, reflecting

30  industry standards and guidelines to the extent that such

31

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  standards and guidelines are applicable, and must include a

  2  timetable for their implementation.

  3         (7)  The department shall provide reasonable notice of

  4  its intent to conduct an onsite inspection or audit of a

  5  Program 3 or public stationary source. Inspections or audits

  6  may be conducted without notice in response to an accidental

  7  release or to protect the public health, safety, and welfare.

  8         252.944 Tort liability.--The commission and the

  9  committees are state agencies, and the members of the

10  commission and committees are officers, employees, or agents

11  of the state for the purpose of s. 768.28.

12         252.945 Start up loan.--The department may advance a

13  start up loan in the amount of $400,000 from the hazardous

14  materials account in the Operating Trust Fund to support

15  initial implementation of this part. This loan must be repaid

16  in equal annual installments by 2006, beginning October 1,

17  2001.

18         252.946  Public records.--The Department of Community

19  Affairs, the State Hazardous Materials Emergency Response

20  Commission, and any local emergency planning committee may

21  fulfill requests for public records under s. 119.07 for

22  information electronically submitted under this part or the

23  Section 112(r)(7) Accidental Release Prevention Program to the

24  U.S. Environmental Protection Agency's centralized database by

25  referral to such database or other reasonably accessible data

26  collection points. Upon request, the department, the

27  commission, or the committees shall furnish copies of public

28  records not available through electronic data collection

29  points, and may elect to furnish copies of public records

30  which are available through electronic data collection points.

31  The department, the commission, or the committees may charge a

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1  fee of up to $1 per page, per person, per year for over 10

  2  pages of materials copied.

  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

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  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 Section

  5  313 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 Section 313 Form R fee

13  due, 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.  This act shall take effect upon becoming a

20  law.

21

22

23

24

25

26

27

28

29

30

31

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 812
    312-1677A-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 812

  3

  4  The committee substitute would allow Florida to seek partial
    delegation from the U.S. Environmental Protection Agency of
  5  the Section 112(r) Accidental Release Prevention Program. The
    partial delegation would allow the Department of Community
  6  Affairs to administer the program as it relates to public
    facilities and Program 3 facilities, which are the largest
  7  facilities. The EPA would administer the provisions of Section
    112(r) for all other facilities.
  8
    The definition of stationary source is amended to track the
  9  new federal definition. The Department of Community Affairs is
    prohibited from further delegating the program to local
10  environmental programs.

11  The bill allows the fee provisions to be addressed in the
    future if additional facilities are to be covered by Florida's
12  program.

13  Certain changes are made in the language relating to the
    Community-Right-to-Know Program to track changes made in the
14  federal law.

15  This bill also includes provisions that were contained in SB
    814 relating to disclosing nonconfidential information and
16  establishes a fee for copying.

17  The amount of the loan from the Operating Trust Fund to start
    up the program is reduced from $500,000 to $400,000.
18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  19