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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Environmental Protection offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Paragraph (b) of subsection (2) and

19  paragraph (b) of subsection (3) of section 206.9935, Florida

20  Statutes, is amended to read:

21         206.9935  Taxes imposed.--

22         (2)  TAX FOR WATER QUALITY.--

23         (a)1.  There is hereby levied an excise tax for the

24  privilege of producing in, importing into, or causing to be

25  imported into this state pollutants for sale, use, or

26  otherwise.

27         2.  The tax shall be imposed only once on each barrel

28  or other unit of pollutant, other than petroleum products,

29  when first produced in or imported into this state. The tax on

30  pollutants first imported into or produced in this state shall

31  be imposed when the product is first sold or first removed

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  from storage.  The tax shall be paid and remitted by any

 2  person who is licensed by the department to engage in the

 3  production or importation of motor fuel, diesel fuel, aviation

 4  fuel, or other pollutants.

 5         3.  The tax shall be imposed on petroleum products and

 6  remitted to the department in the same manner as the motor

 7  fuel tax imposed pursuant to s. 206.41.

 8         (b)  The excise tax shall be the applicable rate as

 9  specified in subparagraph 1. per barrel or per unit of

10  pollutant, or equivalent measure as established by the

11  department, produced in or imported into the state.  If the

12  unobligated balance of the Water Quality Assurance Trust Fund

13  is or falls below $3 million, the tax shall be increased to

14  the applicable rates specified in subparagraph 2. and shall

15  remain at said rates until the unobligated balance in the fund

16  exceeds $5 million, at which time the tax shall be imposed at

17  the rates specified in subparagraph 1. If the unobligated

18  balance of the fund exceeds $12 million, the levy of the tax

19  shall be discontinued until the unobligated balance of the

20  fund falls below $5 million, at which time the tax shall be

21  imposed at the rates specified in subparagraph 1.  Changes in

22  the tax rates pursuant to this paragraph shall take effect on

23  the first day of the month after 30 days' notification to the

24  Department of Revenue when the unobligated balance of the fund

25  falls below or exceeds a limit set pursuant to this paragraph.

26  The unobligated balance of the Water Quality Assurance Trust

27  Fund as it relates to determination of the applicable excise

28  tax rate shall exclude the unobligated balances of funds of

29  the Dry Cleaning, Operator Certification, and nonagricultural

30  nonpoint source programs, and other required reservations of

31  fund balance.  The unobligated balance in the Water Quality

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  Assurance Trust Fund is based upon the current unreserved fund

 2  balance, projected revenues, authorized legislative

 3  appropriations, and funding for the department's base budget

 4  for the subsequent fiscal year.  Determination of the

 5  unobligated balance of the Water Quality Assurance Trust Fund

 6  shall be performed annually subsequent to the annual

 7  legislative appropriations becoming law.

 8         1.  As provided in this paragraph, the tax shall be

 9  2.36 cents per gallon of solvents, 1 cent per gallon of motor

10  oil or other lubricants, and 2 cents per barrel of petroleum

11  products, pesticides, ammonia, and chlorine.

12         2.  As provided in this paragraph, the tax shall be 5.9

13  cents per gallon of solvents, 2.5 cents per gallon of motor

14  oil or other lubricants, 2 cents per barrel of ammonia, and 5

15  cents per barrel of petroleum products, pesticides, and

16  chlorine. ingestion.

17         (3)  TAX FOR INLAND PROTECTION.--

18         (a)1.  There is hereby levied an excise tax for the

19  privilege of producing in, importing into, or causing to be

20  imported into this state pollutants for sale, use, or

21  otherwise.

22         2.  The tax shall be imposed only once on each barrel

23  of pollutant produced in or imported into this state in the

24  same manner as the motor fuel tax imposed pursuant to s.

25  206.41.  The tax shall be paid or remitted by any person who

26  is licensed by the department to engage in the production or

27  importation of motor fuel, diesel fuel, aviation fuel, or

28  other pollutants.

29         (b)1.  The excise tax per barrel of pollutant, or

30  equivalent measure as established by the department, produced

31  in or imported into this state shall be:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         a.  Thirty cents if the unobligated balance of the fund

 2  is between $100 million and $150 million.

 3         b.  Sixty cents if the unobligated balance of the fund

 4  is above $50 million, but below $100 million.

 5         c.  Eighty cents if the unobligated balance of the fund

 6  is $50 million or less.

 7         2.  Any change in the tax rate shall be effective for a

 8  minimum of 6 months, unless the unobligated balance of the

 9  fund requires that a higher rate be levied.

10         3.  If the unobligated balance of the fund exceeds $150

11  million, the tax shall be discontinued until such time as the

12  unobligated balance of the fund reaches $100 million.

13         4.  The Secretary of Environmental Protection shall

14  immediately notify the Department of Revenue when the

15  unobligated balance of the fund falls below or exceeds an

16  amount set herein. Changes in the tax rates pursuant to this

17  subsection shall take effect on the first day of the month

18  after 30 days' notification to the Department of Revenue by

19  the Secretary of Environmental Protection when the unobligated

20  balance of the fund falls below or exceeds a limit set

21  pursuant to this subsection. The unobligated balance of the

22  Inland Protection Trust Fund as it relates to determination of

23  the applicable excise tax rate shall exclude any required

24  reservations of fund balance.  The unobligated balance of the

25  Inland Protection Trust Fund is based upon the current

26  unreserved fund balance, projected revenues, authorized

27  legislative appropriations, and funding for the department's

28  base budget for the subsequent fiscal year.  Determination of

29  the unobligated balance of the Inland Protection Trust Fund

30  shall be performed annually subsequent to the annual

31  legislative appropriations becoming law.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         (c)  This subsection shall be reviewed by the

 2  Legislature during the 1998 regular legislative session.

 3         Section 2.  Subsections (4) and (7) of section 252.87,

 4  Florida Statutes, are amended to read:

 5         252.87  Supplemental state reporting requirements.--

 6         (4)  Each employer that owns or operates a facility in

 7  this state at which hazardous materials are present in

 8  quantities at or above the thresholds established under ss.

 9  311(b) and 312(b) of EPCRA shall comply with the reporting

10  requirements of ss. 311 and 312 of EPCRA.  Such employer shall

11  also be responsible for notifying the department, the local

12  emergency planning committee and the local fire department in

13  writing within 30 days if there is a discontinuance or

14  abandonment of the employer's business activities that could

15  affect any stored hazardous materials.

16         (7)  The department shall avoid duplicative reporting

17  requirements by utilizing the reporting requirements of other

18  state agencies that regulate hazardous materials to the extent

19  feasible and shall only request the necessary information

20  authorized required under EPCRA or required to implement the

21  fee provisions of this part. With the advice and consent of

22  the State Emergency Response Commission for Hazardous

23  Materials, the department may require by rule that the maximum

24  daily amount entry on the chemical inventory report required

25  under s. 312 of EPCRA provide for reporting in estimated

26  actual amounts.  The department may also require by rule an

27  entry for the Federal Employer Identification Number on this

28  report.  To the extent feasible, the department shall

29  encourage and accept required information in a form initiated

30  through electronic data interchange and shall describe by rule

31  the format, manner of execution, and method of electronic

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  transmission necessary for using such form. To the extent

 2  feasible, the Department of Insurance, the Department of

 3  Agriculture and Consumer Services, the Department of

 4  Environmental Protection, the Public Service Commission, the

 5  Department of Revenue, the Department of Labor and Employment

 6  Security, and other state agencies which regulate hazardous

 7  materials shall coordinate with the department in order to

 8  avoid duplicative requirements contained in each agency's

 9  respective reporting or registration forms. The other state

10  agencies that inspect facilities storing hazardous materials

11  and suppliers and distributors of covered substances shall

12  assist the department in informing the facility owner or

13  operator of the requirements of this part. The department

14  shall provide the other state agencies with the necessary

15  information and materials to inform the owners and operators

16  of the requirements of this part to ensure that the budgets of

17  these agencies are not adversely affected.

18         Section 3.  Subsection (5) of section 288.047, Florida

19  Statutes, is amended to read:

20         288.047  Quick-response training for economic

21  development.--

22         (5)  For the first 6 months of each fiscal year,

23  Enterprise Florida, Inc., shall set aside 30 percent of the

24  amount appropriated for the Quick-Response Training Program by

25  the Legislature to fund instructional programs for businesses

26  located in an enterprise zone or brownfield area to instruct

27  residents of an enterprise zone. Any unencumbered funds

28  remaining undisbursed from this set-aside at the end of the

29  6-month period may be used to provide funding for any program

30  qualifying for funding pursuant to this section.

31         Section 4.  Section 288.107, Florida Statutes, is

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  amended to read:

 2         288.107  Brownfield redevelopment bonus refunds.--

 3         (1)  DEFINITIONS.--As used in this section:

 4         (a)  "Account" means the Economic Development

 5  Incentives Account as authorized in s. 288.095.

 6         (b)  "Brownfield sites" means sites that are generally

 7  abandoned, idled, or underused industrial and commercial

 8  properties where expansion or redevelopment is complicated by

 9  actual or perceived environmental contamination.

10         (c)  "Brownfield area" means a contiguous area of one

11  or more brownfield sites, some of which may not be

12  contaminated, and which has been designated by a local

13  government by resolution. Such areas may include all or

14  portions of community redevelopment areas, enterprise zones,

15  empowerment zones, other such designated economically deprived

16  communities and areas, and

17  Environmental-Protection-Agency-designated brownfield pilot

18  projects.

19         (d)  "Director" means the director of the Office of

20  Tourism, Trade, and Economic Development.

21         (e)  "Eligible business" means a qualified target

22  industry business as defined in s. 288.106(2)(o) or other

23  business that can demonstrate a fixed capital investment of at

24  least $2 million in mixed-use business activities, including

25  multiunit housing, commercial, retail, and industrial in

26  brownfield areas and which pays wages that are at least 80

27  percent of the average of all private sector wages in the

28  county in which the business is located.

29         (f)  "Jobs" means full-time equivalent positions,

30  consistent with the use of such terms by the Department of

31  Labor and Employment Security for the purpose of unemployment

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  compensation tax, resulting directly from a project in this

 2  state.  This number does not include temporary construction

 3  jobs involved with the construction of facilities for the

 4  project and which are not associated with the implementation

 5  of the site rehabilitation as provided in s. 376.80.

 6         (g)  "Office" means the Office of Tourism, Trade, and

 7  Economic Development.

 8         (h)  "Project" means the creation of a new business or

 9  the expansion of an existing business as defined in s.

10  288.106.

11         (2)  BROWNFIELD REDEVELOPMENT BONUS REFUND.--There

12  shall be allowed from the account a bonus refund of $2,500 to

13  any qualified target industry business or other eligible

14  business as defined in paragraph (1)(e) for each new Florida

15  job created in a brownfield which is claimed on the qualified

16  target industry business's annual refund claim authorized in

17  s. 288.106(6) or other similar annual claim procedure for

18  other eligible business as defined in paragraph (1)(e) and

19  approved by the office as specified in the final order issued

20  by the director.

21         (3)  CRITERIA.--The minimum criteria for participation

22  in the brownfield redevelopment bonus refund are:

23         (a)  The creation of at least 10 new full-time

24  permanent jobs.  Such jobs shall not include construction or

25  site rehabilitation jobs associated with the implementation of

26  a brownfield site agreement as described in s. 376.80(5).

27         (b)  The completion of a fixed capital investment of at

28  least $2 million in mixed-use business activities, including

29  multiunit housing, commercial, retail, and industrial in

30  brownfield areas and which pay wages that are at least 80

31  percent of the average of all private sector wages in the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  county in which the business is located.

 2         (c)(b)  That the designation as a brownfield will

 3  diversify and strengthen the economy of the area surrounding

 4  the site.

 5         (d)(c)  That the designation as a brownfield will

 6  promote capital investment in the area beyond that

 7  contemplated for the rehabilitation of the site.

 8         (4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS

 9  REFUNDS.--

10         (a)  To be eligible to receive a bonus refund for new

11  Florida jobs created in a brownfield, a business must have

12  been certified as a qualified target industry business under

13  s. 288.106 or eligible business as defined in paragraph (1)(e)

14  and must have indicated on the qualified target industry tax

15  refund application form submitted in accordance with s.

16  288.106(4) or other similar agreement for other eligible

17  business as defined in paragraph (1)(e) that the project for

18  which the application is submitted is or will be located in a

19  brownfield and that the business is applying for certification

20  as a qualified brownfield business under this section, and

21  must have signed a qualified target industry tax refund

22  agreement with the office which indicates that the business

23  has been certified as a qualified target industry business

24  located in a brownfield and specifies the schedule of

25  brownfield redevelopment bonus refunds that the business may

26  be eligible to receive in each fiscal year.

27         (b)  To be considered to receive an eligible brownfield

28  redevelopment bonus refund payment, the business meeting the

29  requirements of paragraph (a) must submit a claim once each

30  fiscal year on a claim form approved by the office which

31  indicates the location of the brownfield, the address of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  business facility's brownfield location, the name of the

 2  brownfield in which it is located, the number of jobs created,

 3  and the average wage of the jobs created by the business

 4  within the brownfield as defined in s. 288.106 or other

 5  eligible business as defined in paragraph (1)(e) and the

 6  administrative rules and policies for that section.

 7         (c)  The bonus refunds shall be available on the same

 8  schedule as the qualified target industry tax refund payments

 9  scheduled in the qualified target industry tax refund

10  agreement authorized in s. 288.106 or other similar agreement

11  for other eligible businesses as defined in paragraph (1)(e).

12         (d)  After entering into a tax refund agreement as

13  provided in s. 288.106 or other similar agreement for other

14  eligible businesses as defined in paragraph (1)(e), an

15  eligible business may receive brownfield redevelopment bonus

16  refunds from the account pursuant to s. 288.106(3)(c).

17         (e)  An eligible business that fraudulently claims a

18  refund under this section:

19         1.  Is liable for repayment of the amount of the refund

20  to the account, plus a mandatory penalty in the amount of 200

21  percent of the tax refund, which shall be deposited into the

22  General Revenue Fund.

23         2.  Commits a felony of the third degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084.

25         (f)  The office shall review all applications submitted

26  under s. 288.106 or other similar application forms for other

27  eligible businesses as defined in paragraph (1)(e) which

28  indicate that the proposed project will be located in a

29  brownfield and determine, with the assistance of the

30  Department of Environmental Protection, that the project

31  location is within a brownfield as provided in this act.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         (g)  The office shall approve all claims for a

 2  brownfield redevelopment bonus refund payment that are found

 3  to meet the requirements of paragraphs (b) and (d).

 4         (h)  The director, with such assistance as may be

 5  required from the office and the Department of Environmental

 6  Protection, shall specify by written final order the amount of

 7  the brownfield redevelopment bonus refund that is authorized

 8  for the qualified target industry business for the fiscal year

 9  within 30 days after the date that the claim for the annual

10  tax refund is received by the office.

11         (i)  The total amount of the bonus refunds approved by

12  the director under this section in any fiscal year must not

13  exceed the total amount appropriated to the Economic

14  Development Incentives Account for this purpose for the fiscal

15  year.  In the event that the Legislature does not appropriate

16  an amount sufficient to satisfy projections by the office for

17  brownfield redevelopment bonus refunds under this section in a

18  fiscal year, the office shall, not later than July 15 of such

19  year, determine the proportion of each brownfield

20  redevelopment bonus refund claim which shall be paid by

21  dividing the amount appropriated for tax refunds for the

22  fiscal year by the projected total of brownfield redevelopment

23  bonus refund claims for the fiscal year. The amount of each

24  claim for a brownfield redevelopment bonus tax refund shall be

25  multiplied by the resulting quotient.  If, after the payment

26  of all such refund claims, funds remain in the Economic

27  Development Incentives Account for brownfield redevelopment

28  tax refunds, the office shall recalculate the proportion for

29  each refund claim and adjust the amount of each claim

30  accordingly.

31         (j)  Upon approval of the brownfield redevelopment

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  bonus refund, payment shall be made for the amount specified

 2  in the final order.  If the final order is appealed, payment

 3  may not be made for a refund to the qualified target industry

 4  business until the conclusion of all appeals of that order.

 5         (5)  ADMINISTRATION.--

 6         (a)  The office is authorized to verify information

 7  provided in any claim submitted for tax credits under this

 8  section with regard to employment and wage levels or the

 9  payment of the taxes to the appropriate agency or authority,

10  including the Department of Revenue, the Department of Labor

11  and Employment Security, or any local government or authority.

12         (b)  To facilitate the process of monitoring and

13  auditing applications made under this program, the office may

14  provide a list of qualified target industry businesses to the

15  Department of Revenue, to the Department of Labor and

16  Employment Security, to the Department of Environmental

17  Protection, or to any local government authority.  The office

18  may request the assistance of those entities with respect to

19  monitoring the payment of the taxes listed in s. 288.106(3).

20         Section 5.  Paragraph (b) of subsection (3) of section

21  288.905, Florida Statutes, is amended to read:

22         288.905  Duties of the board of directors of Enterprise

23  Florida, Inc.--

24         (3)

25         (b)1.  The strategic plan required under this section

26  shall include specific provisions for the stimulation of

27  economic development and job creation in rural areas and

28  midsize cities and counties of the state.

29         2.  Enterprise Florida, Inc., shall involve local

30  governments, local and regional economic development

31  organizations, and other local, state, and federal economic,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  international, and workforce development entities, both public

 2  and private, in developing and carrying out policies,

 3  strategies, and programs, seeking to partner and collaborate

 4  to produce enhanced public benefit at a lesser cost.

 5         3.  Enterprise Florida, Inc., shall involve rural,

 6  urban, small-business, and minority-business development

 7  agencies and organizations, both public and private, in

 8  developing and carrying out policies, strategies, and

 9  programs.

10         4.  Enterprise Florida, Inc., shall develop a

11  comprehensive marketing plan for redevelopment of brownfield

12  areas designated pursuant to s. 376.80. The plan must include,

13  but is not limited to, strategies to distribute information

14  about current designated brownfield areas and the available

15  economic incentives for redevelopment of brownfield areas.

16  Such strategies are to be used in the promotion of business

17  formation, expansion, recruitment, retention, and workforce

18  development programs.

19         Section 6.  Section 376.301, Florida Statutes, is

20  amended to read:

21         376.301  Definitions of terms used in ss.

22  376.30-376.319, 376.70, and 376.75.--When used in ss.

23  376.30-376.319, 376.70, and 376.75, unless the context clearly

24  requires otherwise, the term:

25         (1)  "Aboveground hazardous substance tank" means any

26  stationary aboveground storage tank and onsite integral piping

27  that contains hazardous substances which are liquid at

28  standard temperature and pressure and has an individual

29  storage capacity greater than 110 gallons.

30         (2)  "Additive effects" means a scientific principle

31  that the toxicity that occurs as a result of exposure is the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  sum of the toxicities of the individual chemicals to which the

 2  individual is exposed.

 3         (3)  "Antagonistic effects" means a scientific

 4  principle that the toxicity that occurs as a result of

 5  exposure is less than the sum of the toxicities of the

 6  individual chemicals to which the individual is exposed.

 7         (4)  "Backlog" means reimbursement obligations incurred

 8  pursuant to s. 376.3071(12), prior to March 29, 1995, or

 9  authorized for reimbursement under the provisions of s.

10  376.3071(12), pursuant to chapter 95-2, Laws of Florida.

11  Claims within the backlog are subject to adjustment, where

12  appropriate.

13         (5)  "Barrel" means 42 U.S. gallons at 60 degrees

14  Fahrenheit.

15         (6)  "Bulk product facility" means a waterfront

16  location with at least one aboveground tank with a capacity

17  greater than 30,000 gallons which is used for the storage of

18  pollutants.

19         (7)  "Cattle-dipping vat" means any structure,

20  excavation, or other facility constructed by any person, or

21  the site where such structure, excavation, or other facility

22  once existed, for the purpose of treating cattle or other

23  livestock with a chemical solution pursuant to or in

24  compliance with any local, state, or federal governmental

25  program for the prevention, suppression, control, or

26  eradication of any dangerous, contagious, or infectious

27  diseases.

28         (8)  "Compression vessel" means any stationary

29  container, tank, or onsite integral piping system, or

30  combination thereof, which has a capacity of greater than 110

31  gallons, that is primarily used to store pollutants or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  hazardous substances above atmospheric pressure or at a

 2  reduced temperature in order to lower the vapor pressure of

 3  the contents. Manifold compression vessels that function as a

 4  single vessel shall be considered as one vessel.

 5         (9)  "Contaminant" means any physical, chemical,

 6  biological, or radiological substance present in any medium

 7  which may result in adverse effects to human health or the

 8  environment or which creates an adverse nuisance,

 9  organoleptic, or aesthetic condition in groundwater.

10         (10)  "Contaminated site" means any contiguous land,

11  sediment, surface water, or groundwater areas that contain

12  contaminants that may be harmful to human health or the

13  environment.

14         (11)  "Department" means the Department of

15  Environmental Protection.

16         (12)  "Discharge" includes, but is not limited to, any

17  spilling, leaking, seeping, pouring, misapplying, emitting,

18  emptying, releasing, or dumping of any pollutant or hazardous

19  substance which occurs and which affects lands and the surface

20  and ground waters of the state not regulated by ss.

21  376.011-376.21.

22         (13)  "Drycleaning facility" means a commercial

23  establishment that operates or has at some time in the past

24  operated for the primary purpose of drycleaning clothing and

25  other fabrics utilizing a process that involves any use of

26  drycleaning solvents. The term "drycleaning facility" includes

27  laundry facilities that use drycleaning solvents as part of

28  their cleaning process. The term does not include a facility

29  that operates or has at some time in the past operated as a

30  uniform rental company or a linen supply company regardless of

31  whether the facility operates as or was previously operated as

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  a drycleaning facility.

 2         (14)  "Drycleaning solvents" means any and all

 3  nonaqueous solvents used in the cleaning of clothing and other

 4  fabrics and includes perchloroethylene (also known as

 5  tetrachloroethylene) and petroleum-based solvents, and their

 6  breakdown products. For purposes of this definition,

 7  "drycleaning solvents" only includes those drycleaning

 8  solvents originating from use at a drycleaning facility or by

 9  a wholesale supply facility.

10         (15)  "Dry drop-off facility" means any commercial

11  retail store that receives from customers clothing and other

12  fabrics for drycleaning or laundering at an offsite

13  drycleaning facility and that does not clean the clothing or

14  fabrics at the store utilizing drycleaning solvents.

15         (16)  "Engineering controls" means modifications to a

16  site to reduce or eliminate the potential for exposure to

17  petroleum products' chemicals of concern, drycleaning

18  solvents, or other contaminants.  Such modifications may

19  include, but are not limited to, physical or hydraulic control

20  measures, capping, point of use treatments, or slurry walls.

21         (17)  "Wholesale supply facility" means a commercial

22  establishment that supplies drycleaning solvents to

23  drycleaning facilities.

24         (18)  "Facility" means a nonresidential location

25  containing, or which contained, any underground stationary

26  tank or tanks which contain hazardous substances or pollutants

27  and have individual storage capacities greater than 110

28  gallons, or any aboveground stationary tank or tanks which

29  contain pollutants which are liquids at standard ambient

30  temperature and pressure and have individual storage

31  capacities greater than 550 gallons. This subsection shall not

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  apply to facilities covered by chapter 377, or containers

 2  storing solid or gaseous pollutants, and agricultural tanks

 3  having storage capacities of less than 550 gallons.

 4         (19)  "Flow-through process tank" means an aboveground

 5  tank that contains hazardous substances or specified mineral

 6  acids as defined in s. 376.321 and that forms an integral part

 7  of a production process through which there is a steady,

 8  variable, recurring, or intermittent flow of materials during

 9  the operation of the process.  Flow-through process tanks

10  include, but are not limited to, seal tanks, vapor recovery

11  units, surge tanks, blend tanks, feed tanks, check and delay

12  tanks, batch tanks, oil-water separators, or tanks in which

13  mechanical, physical, or chemical change of a material is

14  accomplished.

15         (20)  "Hazardous substances" means those substances

16  defined as hazardous substances in the Comprehensive

17  Environmental Response, Compensation and Liability Act of

18  1980, Pub. L. No. 96-510, 94 Stat. 2767, as amended by the

19  Superfund Amendments and Reauthorization Act of 1986.

20         (21)  "Institutional controls" means the restriction on

21  use or access to a site to eliminate or minimize exposure to

22  petroleum products' chemicals of concern, drycleaning

23  solvents, or other contaminants.  Such restrictions may

24  include, but are not limited to, deed restrictions,

25  restrictive covenants, or conservation easements use

26  restrictions, or restrictive zoning.

27         (22)  "Laundering on a wash, dry, and fold basis" means

28  the service provided by the owner or operator of a

29  coin-operated laundry to its customers whereby an employee of

30  the laundry washes, dries, and folds laundry for its

31  customers.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         (23)  "Marine fueling facility" means a commercial or

 2  recreational coastal facility, excluding a bulk product

 3  facility, providing fuel to vessels.

 4         (24)  "Natural attenuation" means a verifiable an

 5  approach to site rehabilitation that allows natural processes

 6  to contain the spread of contamination and reduce the

 7  concentrations of contaminants in contaminated groundwater and

 8  soil. Natural attenuation processes may include the following:

 9  sorption, biodegradation, chemical reactions with subsurface

10  materials, diffusion, dispersion, and volatilization.

11         (25)  "Operator" means any person operating a facility,

12  whether by lease, contract, or other form of agreement.

13         (26)  "Owner" means any person owning a facility.

14         (27)  "Person" means any individual, partner, joint

15  venture, or corporation; any group of the foregoing, organized

16  or united for a business purpose; or any governmental entity.

17         (28)  "Person in charge" means the person on the scene

18  who is in direct, responsible charge of a facility from which

19  pollutants are discharged, when the discharge occurs.

20         (29)  "Person responsible for conducting site

21  rehabilitation" means the site owner, operator, or the person

22  designated by the site owner or operator on the reimbursement

23  application.  Mortgage holders and trust holders may be

24  eligible to participate in the reimbursement program pursuant

25  to s. 376.3071(12).

26         (30)  "Petroleum" includes:

27         (a)  Oil, including crude petroleum oil and other

28  hydrocarbons, regardless of gravity, which are produced at the

29  well in liquid form by ordinary methods and which are not the

30  result of condensation of gas after it leaves the reservoir;

31  and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         (b)  All natural gas, including casinghead gas, and all

 2  other hydrocarbons not defined as oil in paragraph (a).

 3         (31)  "Petroleum product" means any liquid fuel

 4  commodity made from petroleum, including, but not limited to,

 5  all forms of fuel known or sold as diesel fuel, kerosene, all

 6  forms of fuel known or sold as gasoline, and fuels containing

 7  a mixture of gasoline and other products, excluding liquefied

 8  petroleum gas and American Society for Testing and Materials

 9  (ASTM) grades no. 5 and no. 6 residual oils, bunker C residual

10  oils, intermediate fuel oils (IFO) used for marine bunkering

11  with a viscosity of 30 and higher, asphalt oils, and

12  petrochemical feedstocks.

13         (32)  "Petroleum products' chemicals of concern" means

14  the constituents of petroleum products, including, but not

15  limited to, xylene, benzene, toluene, ethylbenzene,

16  naphthalene, and similar chemicals, and constituents in

17  petroleum products, including, but not limited to, methyl

18  tert-butyl ether (MTBE), lead, and similar chemicals found in

19  additives, provided the chemicals of concern are present as a

20  result of a discharge of petroleum products.

21         (33)  "Petroleum storage system" means a stationary

22  tank not covered under the provisions of chapter 377, together

23  with any onsite integral piping or dispensing system

24  associated therewith, which is used, or intended to be used,

25  for the storage or supply of any petroleum product. Petroleum

26  storage systems may also include oil/water separators, and

27  other pollution control devices installed at petroleum product

28  terminals as defined in this chapter and bulk product

29  facilities pursuant to, or required by, permits or best

30  management practices in an effort to control surface discharge

31  of pollutants.  Nothing herein shall be construed to allow a

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  continuing discharge in violation of department rules.

 2         (34)  "Pollutants" includes any "product" as defined in

 3  s. 377.19(11), pesticides, ammonia, chlorine, and derivatives

 4  thereof, excluding liquefied petroleum gas.

 5         (35)  "Pollution" means the presence on the land or in

 6  the waters of the state of pollutants in quantities which are

 7  or may be potentially harmful or injurious to human health or

 8  welfare, animal or plant life, or property or which may

 9  unreasonably interfere with the enjoyment of life or property,

10  including outdoor recreation.

11         (36)  "Real property owner" means the individual or

12  entity that is vested with ownership, dominion, or legal or

13  rightful title to the real property, or which has a ground

14  lease interest in the real property, on which a drycleaning

15  facility or wholesale supply facility is or has ever been

16  located.

17         (37)  "Response action" means any activity, including

18  evaluation, planning, design, engineering, construction, and

19  ancillary services, which is carried out in response to any

20  discharge, release, or threatened release of a hazardous

21  substance, pollutant, or other contaminant from a facility or

22  site identified by the department under the provisions of ss.

23  376.30-376.319.

24         (38)  "Response action contractor" means a person who

25  is carrying out any response action, including a person

26  retained or hired by such person to provide services relating

27  to a response action.

28         (39)  "Risk reduction" means the lowering or

29  elimination of the level of risk posed to human health or the

30  environment through interim remedial actions, remedial action,

31  or institutional and, if appropriate, engineering controls.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         (40)(39)  "Secretary" means the Secretary of

 2  Environmental Protection.

 3         (41)(40)  "Site rehabilitation" means the assessment of

 4  site contamination and the remediation activities that reduce

 5  the levels of contaminants at a site through accepted

 6  treatment methods to meet the cleanup target levels

 7  established for that site. For purposes of sites subject to

 8  the Resource Conservation and Recovery Act, as amended, the

 9  term includes removal, decontamination, and corrective action

10  of releases of hazardous substances.

11         (42)(41)  "Source removal" means the removal of free

12  product, or the removal of contaminants from soil or sediment

13  that has been contaminated to the extent that leaching to

14  groundwater or surface water has occurred or is occurring.

15         (43)(42)  "Storage system" means a stationary tank not

16  covered under the provisions of chapter 377, together with any

17  onsite integral piping or dispensing system associated

18  therewith, which is or has been used for the storage or supply

19  of any petroleum product, pollutant, or hazardous substance as

20  defined herein, and which is registered with the Department of

21  Environmental Protection under this chapter or any rule

22  adopted pursuant hereto.

23         (44)(43)  "Synergistic effects" means a scientific

24  principle that the toxicity that occurs as a result of

25  exposure is more than the sum of the toxicities of the

26  individual chemicals to which the individual is exposed.

27         (45)(44)  "Terminal facility" means any structure,

28  group of structures, motor vehicle, rolling stock, pipeline,

29  equipment, or related appurtenances which are used or capable

30  of being used for one or more of the following purposes:

31  pumping, refining, drilling for, producing, storing, handling,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  transferring, or processing pollutants, provided such

 2  pollutants are transferred over, under, or across any water,

 3  estuaries, tidal flats, beaches, or waterfront lands,

 4  including, but not limited to, any such facility and related

 5  appurtenances owned or operated by a public utility or a

 6  governmental or quasi-governmental body. In the event of a

 7  ship-to-ship transfer of pollutants, the vessel going to or

 8  coming from the place of transfer and a terminal facility

 9  shall also be considered a terminal facility. For the purposes

10  of ss. 376.30-376.319, the term "terminal facility" shall not

11  be construed to include spill response vessels engaged in

12  response activities related to removal of pollutants, or

13  temporary storage facilities created to temporarily store

14  recovered pollutants and matter, or waterfront facilities

15  owned and operated by governmental entities acting as agents

16  of public convenience for persons engaged in the drilling for

17  or pumping, storing, handling, transferring, processing, or

18  refining of pollutants. However, each person engaged in the

19  drilling for or pumping, storing, handling, transferring,

20  processing, or refining of pollutants through a waterfront

21  facility owned and operated by such a governmental entity

22  shall be construed as a terminal facility.

23         (46)(45)  "Transfer" or "transferred" includes

24  onloading, offloading, fueling, bunkering, lightering, removal

25  of waste pollutants, or other similar transfers, between

26  terminal facility and vessel or vessel and vessel.

27         Section 7.  Section 376.30701, Florida Statutes, is

28  created to read:

29         376.30701  Application of risk-based corrective action

30  principles to contaminated sites; applicability; legislative

31  intent; rulemaking authority; contamination cleanup criteria;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  limitations; reopeners; mapping; registry.--

 2         (1)  APPLICABILITY.--

 3         (a)  This section shall not create or establish any new

 4  liability for site rehabilitation at contaminated sites. This

 5  section is intended to describe a risk-based corrective action

 6  process to be applied at sites where legal responsibility for

 7  site rehabilitation exists pursuant to other provisions of

 8  chapter 376 or chapter 403.

 9         (b)  This section shall apply to all contaminated sites

10  resulting from a discharge of pollutants or hazardous

11  substances where legal responsibility for site rehabilitation

12  exists pursuant to other provisions of chapter 376 or chapter

13  403 except for those contaminated sites subject to the

14  risk-based corrective action cleanup criteria established for

15  the petroleum, brownfields, and drycleaning programs pursuant

16  to ss. 376.3071, 376.81, and 376.3078, respectively.

17         (c)  This section shall apply to a variety of site

18  rehabilitation scenarios, including, but not limited to, site

19  rehabilitation conducted voluntarily, conducted pursuant to

20  the department's enforcement authority, or conducted as a

21  state-managed cleanup by the department.

22         (d)  This section, and any rules adopted pursuant

23  thereto, shall apply retroactively to all existing

24  contaminated sites where legal responsibility for site

25  rehabilitation exists pursuant to other provisions of chapter

26  376 or chapter 403 except those sites for which as of March 1,

27  2000, a report has been submitted to the department which

28  documents that cleanup has been completed, at sites for which

29  cleanup target levels have been accepted by the department in

30  an approved technical document, current permit, or other

31  written agreement, and at those sites that have received a no

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  further action order or a site rehabilitation completion order

 2  from the department. However, the person responsible for site

 3  rehabilitation can elect to have the provisions of this

 4  section, including cleanup target levels established pursuant

 5  thereto, apply in lieu of those in an approved technical

 6  document, current permit, or other written agreement.

 7         (e)  The cleanup criteria established in subsection (2)

 8  shall apply as Applicable or Relevant and Appropriate

 9  Requirements to all contaminated sites in Florida that have

10  been identified to qualify for listing, or are listed, on the

11  National Priority List pursuant to the Comprehensive

12  Environmental Response, Compensation, and Liability Act of

13  1980 as amended by the Superfund Amendments and

14  Reauthorization Act of 1986, and as subsequently amended.

15         (f)  This section does not affect the goal of

16  expediency in emergency response actions to releases to soil

17  that result in soil contamination at levels above the soil

18  target cleanup levels. The need for uniformity in requirements

19  and accountability necessitates that emergency response

20  actions to releases be subject solely to the requirements of

21  the department, the Department of Community Affairs, and any

22  federal agencies with statewide enforcement authority that are

23  given jurisdiction over releases by federal law. The

24  risk-based corrective action process at these sites shall

25  allow department-recognized field screening techniques to be

26  used.

27         (2)  INTENT; RULEMAKING AUTHORITY; CLEANUP

28  CRITERIA.--It is the intent of the Legislature to protect the

29  health of all people under actual circumstances of exposure.

30  By July 1, 2001, the secretary of the department shall

31  establish criteria by rule for the purpose of determining, on

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  a site-specific basis, the rehabilitation program tasks that

 2  comprise a site rehabilitation program, including a voluntary

 3  site rehabilitation program, and the level at which a

 4  rehabilitation program task and a site rehabilitation program

 5  may be deemed completed.  In establishing these rules, the

 6  department shall apply, to the maximum extent feasible, a

 7  risk-based corrective action process to achieve protection of

 8  human health and safety and the environment in a

 9  cost-effective manner based on the principles set forth in

10  this subsection. These rules shall prescribe a phased

11  risk-based corrective action process that is iterative and

12  that tailors site rehabilitation tasks to site-specific

13  conditions and risk. The department and the person responsible

14  for site rehabilitation are encouraged to establish decision

15  points at which risk management decisions will be made. The

16  department shall provide an early decision, when requested,

17  regarding applicable exposure factors and a risk management

18  approach based on the current and future land use at the site.

19  These rules must also include protocols for the use of natural

20  attenuation, the use of institutional and engineering

21  controls, and the issuance of "no further action" letters. The

22  criteria for determining what constitutes a rehabilitation

23  program task or completion of a site rehabilitation program

24  task or site rehabilitation program, including a voluntary

25  site rehabilitation program, must:

26         (a)  Consider the current exposure and potential risk

27  of exposure to humans and the environment, including multiple

28  pathways of exposure.  The physical, chemical, and biological

29  characteristics of each contaminant must be considered in

30  order to determine the feasibility of risk-based corrective

31  action assessment.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         (b)  Establish the point of compliance at the source of

 2  the contamination.  However, the department is authorized to

 3  temporarily move the point of compliance to the boundary of

 4  the property, or to the edge of the plume when the plume is

 5  within the property boundary, while cleanup, including cleanup

 6  through natural attenuation processes in conjunction with

 7  appropriate monitoring, is proceeding.  The department also is

 8  authorized, pursuant to criteria provided for in this section,

 9  to temporarily extend the point of compliance beyond the

10  property boundary with appropriate monitoring, if such

11  extension is needed to facilitate natural attenuation or to

12  address the current conditions of the plume, provided that

13  human health, public safety, and the environment are

14  protected.  When temporarily extending the point of compliance

15  beyond the property boundary, it cannot be extended further

16  than the lateral extent of the plume, if known, at the time of

17  execution of a cleanup agreement, if required, or the lateral

18  extent of the plume as defined at the time of site assessment.

19  Temporary extension of the point of compliance beyond the

20  property boundary, as provided in this paragraph, must include

21  actual notice by the person responsible for site

22  rehabilitation to local governments and the owners of any

23  property into which the point of compliance is allowed to

24  extend and constructive notice to residents and business

25  tenants of the property into which the point of compliance is

26  allowed to extend. Persons receiving notice pursuant to this

27  paragraph shall have the opportunity to comment within 30 days

28  of receipt of the notice.

29         (c)  Ensure that the site-specific cleanup goal is that

30  all contaminated sites being cleaned up under this section

31  ultimately achieve the applicable cleanup target levels

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  provided in this subsection. In the circumstances provided

 2  below, and after constructive notice and opportunity to

 3  comment within 30 days from receipt of the notice to local

 4  government, to owners of any property into which the point of

 5  compliance is allowed to extend, and to residents on any

 6  property into which the point of compliance is allowed to

 7  extend, the department may allow concentrations of

 8  contaminants to temporarily exceed the applicable cleanup

 9  target levels while cleanup, including cleanup through natural

10  attenuation processes in conjunction with appropriate

11  monitoring, is proceeding, if human health, public safety, and

12  the environment are protected.

13         (d)  Allow the use of institutional or engineering

14  controls at contaminated sites being cleaned up under this

15  section, where appropriate, to eliminate or control the

16  potential exposure to contaminants of humans or the

17  environment. The use of controls must be preapproved by the

18  department and only after constructive notice and opportunity

19  to comment within 30 days from receipt of notice is provided

20  to local governments, to owners of any property into which the

21  point of compliance is allowed to extend, and to residents on

22  any property into which the point of compliance is allowed to

23  extend. When institutional or engineering controls are

24  implemented to control exposure, the removal of the controls

25  must have prior department approval and must be accompanied by

26  the resumption of active cleanup, or other approved controls,

27  unless cleanup target levels under this section have been

28  achieved.

29         (e)  Consider the additive effects of contaminants.

30  The synergistic and antagonistic effects must also be

31  considered when the scientific data become available.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         (f)  Take into consideration individual site

 2  characteristics, which shall include, but not be limited to,

 3  the current and projected use of the affected groundwater and

 4  surface water in the vicinity of the site, current and

 5  projected land uses of the area affected by the contamination,

 6  the exposed population, the degree and extent of

 7  contamination, the rate of contaminant migration, the apparent

 8  or potential rate of contaminant degradation through natural

 9  attenuation processes, the location of the plume, and the

10  potential for further migration in relation to site property

11  boundaries.

12         (g)  Apply state water quality standards as follows:

13         1.  Cleanup target levels for each contaminant found in

14  groundwater shall be the applicable state water quality

15  standards.  Where such standards do not exist, the cleanup

16  target levels for groundwater shall be based on the minimum

17  criteria specified in department rule.  The department shall

18  apply the following, as appropriate, in establishing the

19  applicable cleanup target levels:  calculations using a

20  lifetime cancer risk level of 1.0E-6; a hazard index of 1 or

21  less; the best achievable detection limit; and nuisance,

22  organoleptic, and aesthetic considerations. However, the

23  department shall not require site rehabilitation to achieve a

24  cleanup target level for any individual contaminant that is

25  more stringent than the site-specific, naturally occurring

26  background concentration for that contaminant.

27         2.  Where surface waters are exposed to contaminated

28  groundwater, the cleanup target levels for the contaminants

29  shall be based on the more protective of the groundwater or

30  surface water standards as established by department rule. The

31  point of measuring compliance with the surface water standards

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  shall be in the groundwater immediately adjacent to the

 2  surface water body.

 3         3.  The department shall approve alternative cleanup

 4  target levels in conjunction with institutional and

 5  engineering controls, if needed, based upon an applicant's

 6  demonstration, using site-specific data, modeling results,

 7  risk assessment studies, risk-reduction techniques, or a

 8  combination thereof, that human health, public safety, and the

 9  environment are protected to the same degree as provided in

10  subparagraphs 1. and 2.  Where a state water quality standard

11  is applicable, a deviation may not result in the application

12  of cleanup target levels more stringent than the standard.  In

13  determining whether it is appropriate to establish alternative

14  cleanup target levels at a site, the department must consider

15  the effectiveness of source removal, if any, that has been

16  completed at the site and the practical likelihood of the use

17  of low yield or poor quality groundwater, the use of

18  groundwater near marine surface water bodies, the current and

19  projected use of the affected groundwater in the vicinity of

20  the site, or the use of groundwater in the immediate vicinity

21  of the contaminated area, where it has been demonstrated that

22  the groundwater contamination is not migrating away from such

23  localized source, provided human health, public safety, and

24  the environment are protected.

25         (h)  Provide for the department to issue a "no further

26  action order," with conditions including, but not limited to,

27  the use of institutional or engineering controls where

28  appropriate, when alternative cleanup target levels

29  established pursuant to subparagraph (g)3. have been achieved,

30  or when the person responsible for site rehabilitation can

31  demonstrate that the cleanup target level is unachievable

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  within available technologies.  Prior to issuing such an

 2  order, the department shall consider the feasibility of an

 3  alternative site rehabilitation technology at the contaminated

 4  site.

 5         (i)  Establish appropriate cleanup target levels for

 6  soils.

 7         1.  In establishing soil cleanup target levels for

 8  human exposure to each contaminant found in soils from the

 9  land surface to 2 feet below land surface, the department

10  shall apply the following, as appropriate: calculations using

11  a lifetime cancer risk level of 1.0E-6, a hazard index of 1 or

12  less, and the best achievable detection limit. However, the

13  department shall not require site rehabilitation to achieve a

14  cleanup target level for an individual contaminant that is

15  more stringent than the site-specific, naturally occurring

16  background concentration for that contaminant. Institutional

17  controls or other methods shall be used to prevent human

18  exposure to contaminated soils more than 2 feet below the land

19  surface.  Any removal of such institutional controls shall

20  require such contaminated soils to be remediated.

21         2.  Leachability-based soil target levels shall be

22  based on protection of the groundwater cleanup target levels

23  or the alternate cleanup target levels for groundwater

24  established pursuant to this paragraph, as appropriate. Source

25  removal and other cost-effective alternatives that are

26  technologically feasible shall be considered in achieving the

27  leachability soil target levels established by the department.

28  The leachability goals shall not be applicable if the

29  department determines, based upon individual site

30  characteristics and in conjunction with institutional and

31  engineering controls, if needed, that contaminants will not

                                  30

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  leach into the groundwater at levels that pose a threat to

 2  human health, public safety, or the environment.

 3         3.  The department shall approve alternative cleanup

 4  target levels in conjunction with institutional and

 5  engineering controls, if needed, based upon an applicant's

 6  demonstration, using site-specific data, modeling results,

 7  risk assessment studies, risk-reduction techniques, or a

 8  combination thereof, that human health, public safety, and the

 9  environment are protected to the same degree as provided in

10  subparagraphs 1. and 2.

11

12  The department shall require source removal, if warranted and

13  cost-effective.  Once source removal at a site is complete,

14  the department shall reevaluate the site to determine the

15  degree of active cleanup needed to continue.  Further, the

16  department shall determine if the reevaluated site qualifies

17  for monitoring only or if no further action is required to

18  rehabilitate the site.  If additional site rehabilitation is

19  necessary to reach no further action status, the department is

20  encouraged to utilize natural attenuation and monitoring where

21  site conditions warrant.

22         (3)  LIMITATIONS.--The cleanup criteria established

23  pursuant to this section govern only site rehabilitation

24  activities occurring at the contaminated site. Removal of

25  contaminated media from a site for offsite relocation or

26  treatment must be in accordance with all applicable federal,

27  state, and local laws and regulations.

28         (4)  REOPENERS.--Upon completion of site rehabilitation

29  in compliance with subsection (2), additional site

30  rehabilitation is not required unless it is demonstrated:

31         (a)  That fraud was committed in demonstrating site

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                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  conditions or completion of site rehabilitation;

 2         (b)  That new information confirms the existence of an

 3  area of previously unknown contamination that exceeds the

 4  site-specific rehabilitation levels established in accordance

 5  with subsection (2), or that otherwise poses the threat of

 6  real and substantial harm to public health, safety, or the

 7  environment;

 8         (c)  That the remediation efforts failed to achieve the

 9  site rehabilitation criteria established under this section;

10         (d)  That the level of risk is increased beyond the

11  acceptable risk established under subsection (2) due to

12  substantial changes in exposure conditions, such as a change

13  in land use from nonresidential to residential use. Any person

14  who changes the land use of the site, thus causing the level

15  of risk to increase beyond the acceptable risk level, may be

16  required by the department to undertake additional remediation

17  measures to assure that human health, public safety, and the

18  environment are protected consistent with this section; or

19         (e)  That a new discharge of pollutants or hazardous

20  substances or disposal of solid waste or hazardous waste

21  occurs at the site subsequent to the issuance of a no further

22  action letter or site rehabilitation completion order

23  associated with the original contamination being addressed

24  pursuant to this section.

25         (5)  MAPPING.--Notwithstanding the exceptions in

26  paragraph (1)(b), if an institutional control is implemented

27  at any contaminated site, including sites in the petroleum,

28  brownfields, or drycleaning programs, the property owner must

29  provide information regarding the institutional control to the

30  local government for mapping purposes. The local government

31  must then note the existence of the institutional control on

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  any relevant local land use and zoning maps with a cross

 2  reference to the department's site registry developed pursuant

 3  to subsection (6). If the type of institutional control used

 4  requires recording with the local government, then the map

 5  notation shall also provide a cross reference to the book and

 6  page number where recorded. When a local government is

 7  provided with evidence that the department has subsequently

 8  issued a no further action order without institutional

 9  controls for a site currently noted on such maps, the local

10  government shall remove the notation.

11         (6)  REGISTRY.--Notwithstanding the exceptions in

12  paragraph (1)(b), the department shall prepare and maintain a

13  registry of all contaminated sites subject to institutional

14  and engineering controls, in order to provide a mechanism for

15  the public and local governments to monitor the status of

16  these controls, monitor the department's short-term and

17  long-term protection of human health and the environment in

18  relation to these sites, and evaluate economic revitalization

19  efforts in these areas. At a minimum, the registry shall

20  include the type of institutional or engineering controls

21  employed at a particular site, types of contaminants and

22  affected media, land use limitations, and the county in which

23  the site is located. Sites listed on the registry at which the

24  department has subsequently issued a no further action order

25  without institutional controls shall be removed from the

26  registry. The department shall make the registry available to

27  the public and local governments within 1 year after the

28  effective date of this act. The department shall provide local

29  governments with actual notice when the registry becomes

30  available. Local zoning and planning offices shall post

31  information on how to access the registry in public view.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         Section 8.  Section 376.30702, Florida Statutes, is

 2  created to read:

 3         376.30702  The State-Owned-Lands Cleanup Program;

 4  findings; intent; purpose; program requirements; limited

 5  liability protection; cost recovery.--

 6         (1)  FINDINGS; INTENT.--In addition to the legislative

 7  findings set forth in s. 376.30, the Legislature finds and

 8  declares that:

 9         (a)  Significant quantities of pollutants or hazardous

10  substances have been discharged in the past on state-owned

11  lands. Generally, these discharges have occurred as part of

12  the normal operation of facilities that existed on the

13  property. Many of these discharges occurred prior to the state

14  acquiring title to the property, or the discharges resulted

15  from the acts of tenants or lessees of the state-owned lands.

16         (b)  These discharges of pollutants and hazardous

17  substances on state-owned lands may pose a significant threat

18  to the quality of the groundwaters and inland surface waters

19  of this state.

20         (c)  Where contamination of the groundwater or surface

21  water has occurred, remedial measures have often been delayed

22  for long periods while determinations as to liability and the

23  extent of liability have been made, and such delays have

24  resulted in the continuation and intensification of the threat

25  to the public health, safety, and welfare, in greater damage

26  to the environment, and in potentially higher costs to contain

27  and remove the contamination.

28         (d)  Adequate financial resources must be readily

29  available to provide for the expeditious supply of safe and

30  reliable alternative sources of potable water to affected

31  persons and to provide a means for investigation and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  rehabilitation without delay of contaminated sites on

 2  state-owned lands.

 3         (e)  Site rehabilitation at contaminated sites on

 4  state-owned lands should be based on the actual risk that

 5  contamination may pose to the environment and public health,

 6  taking into account current and future land and water use and

 7  the degree to which contamination may spread and place the

 8  public or the environment at risk.

 9         (2)  CREATION; PURPOSES OF PROGRAM.--

10         (a)  There is created the Florida State-Owned-Lands

11  Cleanup Program to be administered by the department. To

12  encourage detection, reporting, and cleanup of contamination

13  on state-owned lands, the department shall, within the

14  guidelines established in this section, implement a cleanup

15  program to provide state-funded and state-managed site

16  rehabilitation for all state-owned property contaminated by

17  discharges of pollutants or hazardous substances that are

18  reported to the department. It is not the intent of this

19  program to provide funding for environmental compliance for

20  ongoing operations on state-owned lands.

21         (b)  Continuation of this program is subject to an

22  annual appropriation from the Legislature. Continued state

23  funding will not be considered an entitlement or a vested

24  right under this section. The department shall not obligate

25  funds in excess of the annual appropriation for this program.

26         (c)  Whenever, in its determination, incidents of

27  contamination on state-owned lands caused by pollutants or

28  hazardous substances may pose a threat to the environment or

29  the public health, safety, or welfare, the department shall

30  obligate moneys available under this section to provide for:

31         1.  Prompt investigation and assessment of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  contaminated site.

 2         2.  Expeditious treatment, restoration, or replacement

 3  of potable water supplies as provided in s. 376.30(3)(c)1.

 4         3.  Rehabilitation of contaminated sites, which shall

 5  consist of rehabilitation of affected soil, groundwater,

 6  sediment, and surface waters, using the most cost-effective

 7  alternative that is technologically feasible and reliable and

 8  that provides adequate protection of the public health,

 9  safety, and welfare and minimizes environmental damage, in

10  accordance with the rehabilitation criteria established by the

11  department under s. 376.30701, except that nothing in this

12  subsection may be construed to authorize the department to

13  obligate funds for payment of costs that may be associated

14  with, but are not integral to, site rehabilitation.

15         4.  Maintenance and monitoring of contaminated sites.

16         5.  Inspection and supervision of activities described

17  in this subsection.

18         6.  Payment of expenses incurred by the department in

19  its efforts to obtain from responsible parties the payment or

20  recovery of reasonable costs resulting from the activities

21  described in this subsection.

22         7.  Payment of any other reasonable costs of

23  administration, including those administrative costs incurred

24  by the Department of Health in providing field and laboratory

25  services, toxicological risk assessment, and other assistance

26  to the department in the investigation of drinking water

27  contamination complaints and costs associated with public

28  information and education activities.

29         8.  Reasonable costs of restoring property as nearly as

30  practicable to the conditions that existed prior to activities

31  associated with contamination assessment or remedial action.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         (3)  SITE PRIORITY RANKING AND CLEANUP CRITERIA.--

 2         (a) The department shall determine the priority ranking

 3  of all known contaminated sites on state-owned lands using the

 4  criteria listed in s. 376.3078(7) and (8), except for s.

 5  376.3078(7)(e). In applying s. 376.3078(8)(h), the department

 6  shall consider all pollutants and hazardous substances. It is

 7  the intent of the Legislature that site rehabilitation be

 8  conducted first at those sites that pose the greatest threat

 9  to human health and the environment, within the availability

10  of funds appropriated annually for this program. However,

11  nothing in this subsection shall be construed to restrict the

12  department from modifying the priority status of a

13  rehabilitation site where conditions warrant, taking into

14  consideration the actual distance between the contamination

15  site and groundwater or surface water receptors or other

16  factors that affect the risk of exposure to pollutants and

17  hazardous substances.

18         (b)  The department shall conduct site rehabilitation

19  at contaminated sites being cleaned up under this program

20  using the cleanup criteria established in s. 376.30701 and

21  chapter 62-777, Florida Administrative Code, as that chapter

22  may hereafter be amended.

23         (c)  It is recognized that restoration of groundwater

24  resources contaminated with pollutants or hazardous substances

25  may not be achievable using currently available technology. In

26  situations where the use of available technology is not

27  expected to achieve water quality standards, the department

28  may use innovative technology that has been field-tested and

29  that has engineering and cost data available.

30         (d)  This subsection may not be construed to restrict

31  the department from temporarily postponing completion of any

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  site rehabilitation activities at a contaminated site on

 2  state-owned lands for which funds are being expended under

 3  this section whenever the postponement is deemed necessary in

 4  order to make funds available for rehabilitation of another

 5  contamination site on state-owned lands having a higher

 6  priority status.

 7         (e)  Regardless of a site's priority ranking, the

 8  department is authorized to temporarily postpone site

 9  rehabilitation at a contaminated site on state-owned lands for

10  which federal funding may be available pursuant to the

11  Formerly Used Defense Sites Program. The department, at its

12  discretion, may proceed with state-funded cleanup of such

13  sites if the likelihood of timely federal response is low.

14         (4)  LIMITED LIABILITY PROTECTION.--

15         (a)  The department shall not compel any state agency

16  that controls or manages state-owned lands that are

17  contaminated with pollutants or hazardous substances to

18  conduct site rehabilitation at a contaminated site that has

19  been reported to the department pursuant to paragraph (2)(a).

20  Further, notwithstanding subsection (5), the department shall

21  not pursue cost recovery from any such state agency for site

22  rehabilitation costs incurred to clean up state-owned lands

23  that are contaminated with pollutants or hazardous substances.

24         (b)  Except as provided in paragraph (a), this section

25  shall not affect the department's ability or authority to

26  pursue enforcement against any person who may have liability

27  for site rehabilitation with respect to a contaminated site on

28  state-owned lands.

29         (c)  This section shall not affect the ability or

30  authority to seek contribution from any person who may have

31  liability with respect to a contaminated site on state-owned

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  lands.

 2         (d)  Nothing in this section shall subject the

 3  department to liability for any action that may be required of

 4  the property owner or the owner or operator of a facility on

 5  state-owned lands by any private party or any local, state, or

 6  Federal Government entity.

 7         (5)  DEPARTMENTAL DUTY TO SEEK RECOVERY AND

 8  REIMBURSEMENT.--Except as provided in subsection (4) and as

 9  otherwise provided by law, the department may recover from any

10  person causing or having caused the discharge of pollutants or

11  hazardous substances on state-owned lands all sums owed or

12  expended for site rehabilitation at a site designated under

13  the State-Owned-Lands Cleanup Program. For the purposes of s.

14  95.11, the limitation period within which to institute an

15  action to recover such sums shall commence on the last date on

16  which any such sums were expended and not the date on which

17  the discharge occurred.

18         Section 9.  Paragraph (i) of subsection (4) and

19  paragraph (a) of subsection (9) of section 376.3078, Florida

20  Statutes, are amended, to read:

21         376.3078  Drycleaning facility restoration; funds;

22  uses; liability; recovery of expenditures.--

23         (4)  REHABILITATION CRITERIA.--It is the intent of the

24  Legislature to protect the health of all people under actual

25  circumstances of exposure.  By July 1, 1999, the secretary of

26  the department shall establish criteria by rule for the

27  purpose of determining, on a site-specific basis, the

28  rehabilitation program tasks that comprise a site

29  rehabilitation program, including a voluntary site

30  rehabilitation program, and the level at which a

31  rehabilitation program task and a site rehabilitation program

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  may be deemed completed.  In establishing the rule, the

 2  department shall incorporate, to the maximum extent feasible,

 3  risk-based corrective action principles to achieve protection

 4  of human health and safety and the environment in a

 5  cost-effective manner as provided in this subsection.  The

 6  rule shall also include protocols for the use of natural

 7  attenuation and the issuance of "no further action" letters.

 8  The criteria for determining what constitutes a rehabilitation

 9  program task or completion of a site rehabilitation program

10  task or site rehabilitation program, including a voluntary

11  site rehabilitation program, must:

12         (i)  Establish appropriate cleanup target levels for

13  soils.

14         1.  In establishing soil cleanup target levels for

15  human exposure to each contaminant found in soils from the

16  land surface to 2 feet below land surface, the department

17  shall consider the following, as appropriate: calculations

18  using a lifetime cancer risk level of 1.0E-6; a hazard index

19  of 1 or less; the best achievable detection limit; or the

20  naturally occurring background concentration. Institutional

21  controls or other methods shall be used to prevent human

22  exposure to contaminated soils more than 2 feet below the land

23  surface.  Any removal of such institutional controls shall

24  require such contaminated soils to be remediated.

25         2.  Leachability-based soil target levels shall be

26  based on protection of the groundwater cleanup target levels

27  or the alternate cleanup target levels for groundwater

28  established pursuant to this paragraph, as appropriate. Source

29  removal and other cost-effective alternatives that are

30  technologically feasible shall be considered in achieving the

31  leachability soil target levels established by the department.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  The leachability goals shall not be applicable if the

 2  department determines, based upon individual site

 3  characteristics, that contaminants will not leach into the

 4  groundwater at levels which pose a threat to human health,

 5  public safety, and the environment.

 6         3.  The department may set alternative cleanup target

 7  levels based upon the person responsible for site

 8  rehabilitation demonstrating, using site-specific modeling and

 9  risk assessment studies, that human health, public safety, and

10  the environment are protected.

11

12  The department shall require source removal, if warranted and

13  cost-effective.  Once source removal at a site is complete,

14  the department shall reevaluate the site to determine the

15  degree of active cleanup needed to continue.  Further, the

16  department shall determine if the reevaluated site qualifies

17  for monitoring only or if no further action is required to

18  rehabilitate the site.  If additional site rehabilitation is

19  necessary to reach "no further action" status, the department

20  is encouraged to utilize natural attenuation and monitoring

21  where site conditions warrant.

22         (9)  REQUIREMENT FOR DRYCLEANING FACILITIES.--It is the

23  intent of the Legislature that the following drycleaning

24  solvent containment shall be required of the owners or

25  operators of drycleaning facilities, as follows:

26         (a)  Owners or operators of drycleaning facilities

27  shall by January 1, 1997, install dikes or other containment

28  structures around each machine or item of equipment in which

29  drycleaning solvents are used and around any area in which

30  solvents or waste-containing solvents are stored.  Such dikes

31  or containment structures shall be capable of containing 110

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  percent of the capacity of each such machine and each such

 2  storage area.  To the extent practicable, each owner or

 3  operator of a drycleaning facility shall seal or otherwise

 4  render impervious those portions of all dikes' floor surfaces

 5  upon which any drycleaning solvents may leak, spill, or

 6  otherwise be released. Drycleaning facilities that commenced

 7  operating prior to January 1, 1996, applied to the program by

 8  December 30, 1997, and reported in the completed application

 9  that the facility was not in compliance with this paragraph

10  shall be considered to have had secondary containment timely

11  installed for the purpose of determining eligibility for

12  state-funded site rehabilitation under this section if such

13  drycleaning facility entered into a consent order with the

14  department to install secondary containment and installed the

15  required containment by April 15, 1999. The department shall

16  reconsider the applications of facilities that meet the

17  criteria set forth in this paragraph and that were previously

18  determined to be ineligible due to failure to comply with

19  secondary containment requirements. Such facilities must meet

20  all other eligibility requirements.

21         Section 10.  Section 376.79, Florida Statutes, is

22  amended to read:

23         376.79  Definitions.--As used in ss. 376.77-376.85, the

24  term:

25         (1)  "Additive effects" means a scientific principle

26  that the toxicity that occurs as a result of exposure is the

27  sum of the toxicities of the individual chemicals to which the

28  individual is exposed.

29         (2)  "Antagonistic effects" means a scientific

30  principle that the toxicity that occurs as a result of

31  exposure is less than the sum of the toxicities of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  individual chemicals to which the individual is exposed.

 2         (3)  "Brownfield sites" means sites that are generally

 3  abandoned, idled, or underused industrial and commercial

 4  properties where expansion or redevelopment is complicated by

 5  actual or perceived environmental contamination.

 6         (4)  "Brownfield area" means a contiguous area of one

 7  or more brownfield sites, some of which may not be

 8  contaminated, and which has been designated by a local

 9  government by resolution. Such areas may include all or

10  portions of community redevelopment areas, enterprise zones,

11  empowerment zones, other such designated economically deprived

12  communities and areas, and Environmental Protection

13  Agency-designated brownfield pilot projects.

14         (5)  "Contaminant" means any physical, chemical,

15  biological, or radiological substance present in any medium

16  which may result in adverse effects to human health or the

17  environment or which creates an adverse nuisance,

18  organoleptic, or aesthetic condition in groundwater.

19         (6)(5)  "Contaminated site" means any contiguous land,

20  surface water, or groundwater areas that contain contaminants

21  that may be harmful to human health or the environment.

22         (7)(6)  "Department" means the Department of

23  Environmental Protection.

24         (8)(7)  "Engineering controls" means modifications to a

25  site to reduce or eliminate the potential for exposure to

26  contaminants.  Such modifications may include, but are not

27  limited to, physical or hydraulic control measures, capping,

28  point of use treatments, or slurry walls.

29         (9)(8)  "Environmental justice" means the fair

30  treatment of all people of all races, cultures, and incomes

31  with respect to the development, implementation, and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  enforcement of environmental laws, regulations, and policies.

 2         (10)(9)  "Institutional controls" means the restriction

 3  on use of or access to a site to eliminate or minimize

 4  exposure to contaminants.  Such restrictions may include, but

 5  are not limited to, deed restrictions, restrictive covenants,

 6  or conservation easements use restrictions, or restrictive

 7  zoning.

 8         (11)(10)  "Local pollution control program" means a

 9  local pollution control program that has received delegated

10  authority from the Department of Environmental Protection

11  under ss. 376.80(11) and 403.182.

12         (12)(11)  "Natural attenuation" means a verifiable

13  approach to site rehabilitation which allows natural processes

14  to contain the spread of contamination and reduce the

15  concentrations of contaminants in contaminated groundwater and

16  soil. Natural attenuation processes may include sorption,

17  biodegradation, chemical reactions with subsurface materials,

18  diffusion, dispersion, and volatilization. the verifiable

19  reduction of contaminants through natural processes, which may

20  include diffusion, dispersion, adsorption, and biodegradation.

21         (13)(12)  "Person responsible for brownfield site

22  rehabilitation" means the individual or entity that is

23  designated by the local government to enter into the

24  brownfield site rehabilitation agreement with the department

25  or an approved local pollution control program and enters into

26  an agreement with the local government for redevelopment of

27  the site.

28         (14)(13)  "Person" means any individual, partner, joint

29  venture, or corporation; any group of the foregoing, organized

30  or united for a business purpose; or any governmental entity.

31         (15)  "Risk reduction" means the lowering or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  elimination of the level of risk posed to human health or the

 2  environment through interim remedial actions, remedial action,

 3  or institutional, and if appropriate, engineering controls.

 4         (16)(14)  "Secretary" means the secretary of the

 5  Department of Environmental Protection.

 6         (17)(15)  "Site rehabilitation" means the assessment of

 7  site contamination and the remediation activities that reduce

 8  the levels of contaminants at a site through accepted

 9  treatment methods to meet the cleanup target levels

10  established for that site.

11         (18)(16)  "Source removal" means the removal of free

12  product, or the removal of contaminants from soil or sediment

13  that has been contaminated to the extent that leaching to

14  groundwater or surface water has occurred or is occurring.

15         (19)(17)  "Synergistic effects" means a scientific

16  principle that the toxicity that occurs as a result of

17  exposure is more than the sum of the toxicities of the

18  individual chemicals to which the individual is exposed.

19         Section 11.  Subsections (4) and (5) and paragraph (c)

20  of subsection (7) of section 376.80, Florida Statutes, are

21  amended to read:

22         376.80  Brownfield program administration process.--

23         (4)  Local governments or persons responsible for

24  rehabilitation and redevelopment of brownfield areas must

25  establish an advisory committee or use an existing advisory

26  committee that has formally expressed its intent to address

27  redevelopment of the specific brownfield area for the purpose

28  of improving public participation and receiving public

29  comments on rehabilitation and redevelopment of the brownfield

30  area, future land use, local employment opportunities,

31  community safety, and environmental justice. Such advisory

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  committee should include residents within or adjacent to the

 2  brownfield area, businesses operating within the brownfield

 3  area, and others deemed appropriate. The person responsible

 4  for brownfield site rehabilitation must notify the advisory

 5  committee of the intent to rehabilitate and redevelop the site

 6  before executing the brownfield site rehabilitation agreement,

 7  and provide the committee with a copy of the draft plan for

 8  site rehabilitation which addresses elements required by

 9  subsection (5). This includes disclosing potential reuse of

10  the property as well as site rehabilitation activities, if

11  any, to be performed. The advisory committee shall review the

12  proposed redevelopment agreement required pursuant to

13  paragraph (5)(i) and provide comments, if appropriate, to the

14  board of the local government with jurisdiction over the

15  brownfield area. The advisory committee must receive a copy of

16  the executed brownfield site rehabilitation agreement. When

17  the person responsible for brownfield site rehabilitation

18  submits a site assessment report or the technical document

19  containing the proposed course of action following site

20  assessment to the department or the local pollution control

21  program for review, the person responsible for brownfield site

22  rehabilitation must hold a meeting or attend a regularly

23  scheduled meeting to inform the advisory committee of the

24  findings and recommendations in the site assessment report or

25  the technical document containing the proposed course of

26  action following site assessment.  The advisory committee must

27  review and provide recommendations to the board of the local

28  government with jurisdiction on the proposed site

29  rehabilitation agreement provided in subsection (5).

30         (5)  The person responsible for brownfield site

31  rehabilitation must enter into a brownfield site

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 1  rehabilitation agreement with the department or an approved

 2  local pollution control program if actual contamination exists

 3  at the brownfield site. The brownfield site rehabilitation

 4  agreement must include:

 5         (a)  A brownfield site rehabilitation schedule,

 6  including milestones for completion of site rehabilitation

 7  tasks and submittal of technical reports and rehabilitation

 8  plans as agreed upon by the parties to the agreement;

 9         (b)  A commitment to conduct site rehabilitation

10  activities under the observation of professional engineers or

11  geologists who are registered in accordance with the

12  requirements of chapter 471 or chapter 492, respectively.

13  Submittals provided by the person responsible for brownfield

14  site rehabilitation must be signed and sealed by a

15  professional engineer registered under chapter 471, or a

16  professional geologist registered under chapter 492,

17  certifying that the submittal and associated work comply with

18  the law and rules of the department and those governing the

19  profession.  In addition, upon completion of the approved

20  remedial action, the department shall require a professional

21  engineer registered under chapter 471 or a professional

22  geologist registered under chapter 492 to certify that the

23  corrective action was, to the best of his or her knowledge,

24  completed in substantial conformance with the plans and

25  specifications approved by the department;

26         (c)  A commitment to conduct site rehabilitation in

27  accordance with an approved comprehensive quality assurance

28  plan under department rules;

29         (d)  A commitment to conduct site rehabilitation

30  consistent with state, federal, and local laws and consistent

31  with the brownfield site contamination cleanup criteria in s.

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 1  376.81, including any applicable requirements for risk-based

 2  corrective action;

 3         (e)  Timeframes for the department's review of

 4  technical reports and plans submitted in accordance with the

 5  agreement.  The department shall make every effort to adhere

 6  to established agency goals for reasonable timeframes for

 7  review of such documents;

 8         (f)  A commitment to secure site access for the

 9  department or approved local pollution control program to all

10  brownfield sites within the eligible brownfield area for

11  activities associated with site rehabilitation;

12         (g)  Other provisions that the person responsible for

13  brownfield site rehabilitation and the department agree upon,

14  that are consistent with ss. 376.77-376.85, and that will

15  improve or enhance the brownfield site rehabilitation process;

16         (h)  A commitment to consider appropriate pollution

17  prevention measures and to implement those that the person

18  responsible for brownfield site rehabilitation determines are

19  reasonable and cost-effective, taking into account the

20  ultimate use or uses of the brownfield site.  Such measures

21  may include improved inventory or production controls and

22  procedures for preventing loss, spills, and leaks of hazardous

23  waste and materials, and include goals for the reduction of

24  releases of toxic materials; and

25         (i)  Certification that an agreement exists between the

26  person responsible for brownfield site rehabilitation and the

27  local government with jurisdiction over the brownfield area.

28  Such agreement shall contain terms for the redevelopment of

29  the brownfield area.

30         (7)  The contractor must certify to the department that

31  the contractor:

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 1         (c)  Maintains comprehensive general liability and

 2  comprehensive automobile liability insurance with minimum

 3  limits of at least $1 million per claim occurrence and $1

 4  million annual aggregate, sufficient to protect it from claims

 5  for damage for personal injury, including accidental death, as

 6  well as claims for property damage which may arise from

 7  performance of work under the program, designating the state

 8  as an additional insured party.

 9         Section 12.  Section 376.81, Florida Statutes, is

10  amended to read:

11         376.81  Brownfield site and brownfield areas

12  contamination cleanup criteria.--

13         (1)  It is the intent of the Legislature to protect the

14  health of all people under actual circumstances of exposure.

15  By July 1, 2001 1998, the secretary of the department shall

16  establish criteria by rule for the purpose of determining, on

17  a site-specific basis, the rehabilitation program tasks that

18  comprise a site rehabilitation program and the level at which

19  a rehabilitation program task and a site rehabilitation

20  program may be deemed completed.  In establishing the rule,

21  the department shall apply incorporate, to the maximum extent

22  feasible, a risk-based corrective action process principles to

23  achieve protection of human health and safety and the

24  environment in a cost-effective manner based on the principles

25  set forth as provided in this subsection. The rule must

26  prescribe a phased risk-based corrective action process that

27  is iterative and that tailors site rehabilitation tasks to

28  site-specific conditions and risks. The department and the

29  person responsible for brownfield site rehabilitation are

30  encouraged to establish decision points at which risk

31  management decisions will be made. The department shall

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 1  provide an early decision, when requested, regarding

 2  applicable exposure factors and a risk management approach

 3  based on the current and future land use at the site. The rule

 4  shall also include protocols for the use of natural

 5  attenuation, the use of institutional and engineering

 6  controls, and the issuance of "no further action" letters. The

 7  criteria for determining what constitutes a rehabilitation

 8  program task or completion of a site rehabilitation program

 9  task or site rehabilitation program must:

10         (a)  Consider the current exposure and potential risk

11  of exposure to humans and the environment, including multiple

12  pathways of exposure.  The physical, chemical, and biological

13  characteristics of each contaminant must be considered in

14  order to determine the feasibility of risk-based corrective

15  action assessment.

16         (b)  Establish the point of compliance at the source of

17  the contamination.  However, the department is authorized to

18  temporarily move the point of compliance to the boundary of

19  the property, or to the edge of the plume when the plume is

20  within the property boundary, while cleanup, including cleanup

21  through natural attenuation processes in conjunction with

22  appropriate monitoring, is proceeding.  The department also is

23  authorized, pursuant to criteria provided for in this section,

24  to temporarily extend the point of compliance beyond the

25  property boundary with appropriate monitoring, if such

26  extension is needed to facilitate natural attenuation or to

27  address the current conditions of the plume, provided human

28  health, public safety, and the environment are protected.

29  When temporarily extending the point of compliance beyond the

30  property boundary, it cannot be extended further than the

31  lateral extent of the plume at the time of execution of the

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    Amendment No. 1 (for drafter's use only)





 1  brownfield site rehabilitation agreement, if known, or the

 2  lateral extent of the plume as defined at the time of site

 3  assessment. Temporary extension of the point of compliance

 4  beyond the property boundary, as provided in this paragraph,

 5  must include actual notice by the person responsible for

 6  brownfield site rehabilitation to local governments and the

 7  owners of any property into which the point of compliance is

 8  allowed to extend and constructive notice to residents and

 9  business tenants of the property into which the point of

10  compliance is allowed to extend. Persons receiving notice

11  pursuant to this paragraph shall have the opportunity to

12  comment within 30 days of receipt of the notice.

13         (c)  Ensure that the site-specific cleanup goal is that

14  all contaminated brownfield sites and brownfield areas

15  ultimately achieve the applicable cleanup target levels

16  provided in this section. In the circumstances provided below,

17  and after constructive notice and opportunity to comment

18  within 30 days from receipt of the notice to local government,

19  to owners of any property into which the point of compliance

20  is allowed to extend, and to residents on any property into

21  which the point of compliance is allowed to extend, the

22  department may allow concentrations of contaminants to

23  temporarily exceed the applicable cleanup target levels while

24  cleanup, including cleanup through natural attenuation

25  processes in conjunction with appropriate monitoring, is

26  proceeding, if human health, public safety, and the

27  environment are protected.

28         (d)  Allow brownfield site and brownfield area

29  rehabilitation programs to include the use of institutional or

30  engineering controls, where appropriate, to eliminate or

31  control the potential exposure to contaminants of humans or

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                                                  Bill No. HB 2355

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 1  the environment. The use of controls must be preapproved by

 2  the department and only after constructive notice and

 3  opportunity to comment within 30 days from receipt of notice

 4  is provided to local governments, to owners of any property

 5  into which the point of compliance is allowed to extend, and

 6  to residents on any property into which the point of

 7  compliance is allowed to extend. When institutional or

 8  engineering controls are implemented to control exposure, the

 9  removal of the controls must have prior department approval

10  and must be accompanied by the resumption of active cleanup,

11  or other approved controls, unless cleanup target levels under

12  this section have been achieved.

13         (e)  Consider the additive effects of contaminants.

14  The synergistic and antagonistic effects shall also be

15  considered when the scientific data become available.

16         (f)  Take into consideration individual site

17  characteristics, which shall include, but not be limited to,

18  the current and projected use of the affected groundwater and

19  surface water in the vicinity of the site, current and

20  projected land uses of the area affected by the contamination,

21  the exposed population, the degree and extent of

22  contamination, the rate of contaminant migration, the apparent

23  or potential rate of contaminant degradation through natural

24  attenuation processes, the location of the plume, and the

25  potential for further migration in relation to site property

26  boundaries.

27         (g)  Apply state water quality standards as follows:

28         1.  Cleanup target levels for each contaminant found in

29  groundwater shall be the applicable state water quality

30  standards.  Where such standards do not exist, the cleanup

31  target levels for groundwater shall be based on the minimum

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                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  criteria specified in department rule.  The department shall

 2  apply consider the following, as appropriate, in establishing

 3  the applicable cleanup target levels minimum criteria:

 4  calculations using a lifetime cancer risk level of 1.0E-6; a

 5  hazard index of 1 or less; the best achievable detection

 6  limit; and the naturally occurring background concentration;

 7  or nuisance, organoleptic, and aesthetic considerations.

 8  However, the department shall not require site rehabilitation

 9  to achieve a cleanup target level for any individual

10  contaminant which is more stringent than the site-specific,

11  naturally occurring background concentration for that

12  contaminant.

13         2.  Where surface waters are exposed to contaminated

14  groundwater, the cleanup target levels for the contaminants

15  shall be based on the more protective of the groundwater or

16  surface water standards as established by department rule.

17  The point of measuring compliance with the surface water

18  standards shall be in the groundwater immediately adjacent to

19  the surface water body.

20         3.  The department shall approve may set alternative

21  cleanup target levels in conjunction with institutional and

22  engineering controls, if needed, based upon an applicant's

23  demonstration, using site-specific data, modeling results, and

24  risk assessment studies, risk reduction techniques, or a

25  combination thereof, that human health, public safety, and the

26  environment are protected to the same degree as provided in

27  subparagraphs 1. and 2. Where a state water quality standard

28  is applicable, a deviation may not result in the application

29  of cleanup target levels more stringent than the standard.  In

30  determining whether it is appropriate to establish alternative

31  cleanup target levels at a site, the department must consider

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 1  the effectiveness of source removal, if any, which that has

 2  been completed at the site and the practical likelihood of the

 3  use of low yield or poor quality groundwater, the use of

 4  groundwater near marine surface water bodies, the current and

 5  projected use of the affected groundwater in the vicinity of

 6  the site, or the use of groundwater in the immediate vicinity

 7  of the contaminated area, where it has been demonstrated that

 8  the groundwater contamination is not migrating away from such

 9  localized source, provided human health, public safety, and

10  the environment are protected. When using alternative cleanup

11  target levels at a brownfield site, institutional controls

12  shall not be required if:

13         a.  The only cleanup target levels exceeded are the

14  groundwater cleanup target levels derived from nuisance,

15  organoleptic, or aesthetic considerations;

16         b.  Concentrations of all contaminants meet the state

17  water quality standards or minimum criteria, based on

18  protection of human health, provided in subparagraph 1.;

19         c.  All of the groundwater cleanup target levels

20  established pursuant to subparagraph 1. are met at the

21  property boundary;

22         d.  The person responsible for brownfield site

23  rehabilitation has demonstrated that the contaminants will not

24  migrate beyond the property boundary at concentrations

25  exceeding the groundwater cleanup target levels established

26  pursuant to subparagraph 1.;

27         e.  The property has access to and is using an offsite

28  water supply and no unplugged private wells are used for

29  domestic purposes; and

30         f.  The real property owner provides written acceptance

31  of the "no further action" proposal to the department or the

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                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  local pollution control program.

 2         (h)  Provide for the department to issue a "no further

 3  action order," with conditions, including, but not limited to,

 4  the use of institutional or engineering controls where

 5  appropriate, when alternative cleanup target levels

 6  established pursuant to subparagraph (g)3. have been achieved,

 7  or when the person responsible for brownfield site

 8  rehabilitation can demonstrate that the cleanup target level

 9  is unachievable within available technologies.  Prior to

10  issuing such an order, the department shall consider the

11  feasibility of an alternative site rehabilitation technology

12  in the brownfield area.

13         (i)  Establish appropriate cleanup target levels for

14  soils.

15         1.  In establishing soil cleanup target levels for

16  human exposure to each contaminant found in soils from the

17  land surface to 2 feet below land surface, the department

18  shall apply consider the following, as appropriate:

19  calculations using a lifetime cancer risk level of 1.0E-6; a

20  hazard index of 1 or less; and the best achievable detection

21  limit; or the naturally occurring background concentration.

22  However, the department shall not require site rehabilitation

23  to achieve a cleanup target level for an individual

24  contaminant which is more stringent than the site-specific,

25  naturally occurring background concentration for that

26  contaminant. Institutional controls or other methods shall be

27  used to prevent human exposure to contaminated soils more than

28  2 feet below the land surface.  Any removal of such

29  institutional controls shall require such contaminated soils

30  to be remediated.

31         2.  Leachability-based soil target levels shall be

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                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  based on protection of the groundwater cleanup target levels

 2  or the alternate cleanup target levels for groundwater

 3  established pursuant to this paragraph, as appropriate. Source

 4  removal and other cost-effective alternatives that are

 5  technologically feasible shall be considered in achieving the

 6  leachability soil target levels established by the department.

 7  The leachability goals shall not be applicable if the

 8  department determines, based upon individual site

 9  characteristics, and in conjunction with institutional and

10  engineering controls, if needed, that contaminants will not

11  leach into the groundwater at levels that which pose a threat

12  to human health, public safety, and the environment.

13         3.  The department shall approve may set alternative

14  cleanup target levels in conjunction with institutional and

15  engineering controls, if needed, based upon an applicant's

16  demonstration, using site-specific data, modeling results, and

17  risk assessment studies, risk reduction techniques, or a

18  combination thereof, that human health, public safety, and the

19  environment are protected to the same degree as provided in

20  subparagraphs 1. and 2.

21         (2)  The department shall require source removal, if

22  warranted and cost-effective.  Once source removal at a site

23  is complete, the department shall reevaluate the site to

24  determine the degree of active cleanup needed to continue.

25  Further, the department shall determine if the reevaluated

26  site qualifies for monitoring only or if no further action is

27  required to rehabilitate the site.  If additional site

28  rehabilitation is necessary to reach "no further action"

29  status, the department is encouraged to utilize natural

30  attenuation and monitoring where site conditions warrant.

31         (3)  The cleanup criteria established pursuant to this

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                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  section govern only site rehabilitation activities occurring

 2  at the contaminated site. Removal of contaminated media from a

 3  site for offsite relocation or treatment must be in accordance

 4  with all applicable federal, state, and local laws and

 5  regulations.

 6         Section 13.  Paragraph (k) is added to subsection (2)

 7  of section 376.82, Florida Statutes, to read:

 8         376.82  Eligibility criteria and liability

 9  protection.--

10         (2)  LIABILITY PROTECTION.--

11         (k)  A person whose property becomes contaminated due

12  to geophysical or hydrologic reasons, including the migration

13  of contaminants onto their property from the operation of

14  facilities and activities on a nearby designated brownfield

15  area, and whose property has never been occupied by a business

16  that utilized or stored the contaminants or similar

17  constituents is not subject to administrative or judicial

18  action brought by or on behalf of another to compel the

19  rehabilitation of or the payment of the costs for the

20  rehabilitation of sites contaminated by materials that

21  migrated onto the property from the designated brownfield

22  area, if the person:

23         1.  Does not own and has never held an ownership

24  interest in, or shared in the profits of, activities in the

25  designated brownfield area operated at the source location;

26         2.  Did not participate in the operation or management

27  of the activities in the designated brownfield area operated

28  at the source location; and

29         3.  Did not cause, contribute to, or exacerbate the

30  release or threat of release of any hazardous substance

31  through any act or omission.

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                                                  Bill No. HB 2355

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 1         Section 14.  Paragraph (d) is added to subsection (3)

 2  of section 403.973, Florida Statutes, to read:

 3         403.973  Expedited permitting; comprehensive plan

 4  amendments.--

 5         (3)

 6         (d)  Projects located in a designated brownfield area

 7  are eligible for the expedited permitting process.

 8         Section 15.  Subsection (1) of section 190.012, Florida

 9  Statutes, is amended to read:

10         190.012  Special powers; public improvements and

11  community facilities.--The district shall have, and the board

12  may exercise, subject to the regulatory jurisdiction and

13  permitting authority of all applicable governmental bodies,

14  agencies, and special districts having authority with respect

15  to any area included therein, any or all of the following

16  special powers relating to public improvements and community

17  facilities authorized by this act:

18         (1)  To finance, fund, plan, establish, acquire,

19  construct or reconstruct, enlarge or extend, equip, operate,

20  and maintain systems, facilities, and basic infrastructures

21  for the following:

22         (a)  Water management and control for the lands within

23  the district and to connect some or any of such facilities

24  with roads and bridges.

25         (b)  Water supply, sewer, and wastewater management,

26  reclamation, and reuse or any combination thereof, and to

27  construct and operate connecting intercepting or outlet sewers

28  and sewer mains and pipes and water mains, conduits, or

29  pipelines in, along, and under any street, alley, highway, or

30  other public place or ways, and to dispose of any effluent,

31  residue, or other byproducts of such system or sewer system.

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 1         (c)  Bridges or culverts that may be needed across any

 2  drain, ditch, canal, floodway, holding basin, excavation,

 3  public highway, tract, grade, fill, or cut and roadways over

 4  levees and embankments, and to construct any and all of such

 5  works and improvements across, through, or over any public

 6  right-of-way, highway, grade, fill, or cut.

 7         (d)1.  District roads equal to or exceeding the

 8  specifications of the county in which such district roads are

 9  located, and street lights.

10         2.  Buses, trolleys, transit shelters, ridesharing

11  facilities and services, parking improvements, and related

12  signage.

13         (e)  Investigation and remediation costs associated

14  with the cleanup of actual or perceived environmental

15  contamination within the district under the supervision or

16  direction of a competent governmental authority unless the

17  covered costs benefit any person who is a landowner within the

18  district and who caused or contributed to the contamination.

19         (f)(e)  Conservation areas, mitigation areas, and

20  wildlife habitat, including the maintenance of any plant or

21  animal species, and any related interest in real or personal

22  property.

23         (g)(f)  Any other project within or without the

24  boundaries of a district when a local government issued a

25  development order pursuant to s. 380.06 or s. 380.061

26  approving or expressly requiring the construction or funding

27  of the project by the district, or when the project is the

28  subject of an agreement between the district and a

29  governmental entity and is consistent with the local

30  government comprehensive plan of the local government within

31  which the project is to be located.

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                                                  Bill No. HB 2355

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 1         Section 16.  Section 712.01, Florida Statutes, is

 2  amended to read:

 3         712.01  Definitions.--As used in this law:

 4         (1)  The term "person" as used herein denotes singular

 5  or plural, natural or corporate, private or governmental,

 6  including the state and any political subdivision or agency

 7  thereof as the context for the use thereof requires or denotes

 8  and including any homeowners' association.

 9         (2)  "Root of title" means any title transaction

10  purporting to create or transfer the estate claimed by any

11  person and which is the last title transaction to have been

12  recorded at least 30 years prior to the time when

13  marketability is being determined.  The effective date of the

14  root of title is the date on which it was recorded.

15         (3)  "Title transaction" means any recorded instrument

16  or court proceeding which affects title to any estate or

17  interest in land and which describes the land sufficiently to

18  identify its location and boundaries.

19         (4)  The term "homeowners' association" means a

20  homeowners' association as defined in s. 617.301(7), or an

21  association of parcel owners which is authorized to enforce

22  use restrictions that are imposed on the parcels.

23         (5)  The term "parcel" means real property which is

24  used for residential purposes that is subject to exclusive

25  ownership and which is subject to any covenant or restriction

26  of a homeowners' association.

27         (6)  The term "covenant or restriction" means any

28  agreement or limitation contained in a document recorded in

29  the public records of the county in which a parcel is located

30  which subjects the parcel to any use restriction which may be

31  enforced by a homeowners' association or which authorizes a

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                                                  Bill No. HB 2355

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 1  homeowners' association to impose a charge or assessment

 2  against the parcel or the owner of the parcel or which may be

 3  enforced by the Florida Department of Environmental Protection

 4  pursuant to chapter 376 or chapter 403.

 5         Section 17.  Section 712.03, Florida Statutes, is

 6  amended to read:

 7         712.03  Exceptions to marketability.--Such marketable

 8  record title shall not affect or extinguish the following

 9  rights:

10         (1)  Estates or interests, easements and use

11  restrictions disclosed by and defects inherent in the

12  muniments of title on which said estate is based beginning

13  with the root of title; provided, however, that a general

14  reference in any of such muniments to easements, use

15  restrictions or other interests created prior to the root of

16  title shall not be sufficient to preserve them unless specific

17  identification by reference to book and page of record or by

18  name of recorded plat be made therein to a recorded title

19  transaction which imposed, transferred or continued such

20  easement, use restrictions or other interests; subject,

21  however, to the provisions of subsection (5).

22         (2)  Estates, interests, claims, or charges, or any

23  covenant or restriction, preserved by the filing of a proper

24  notice in accordance with the provisions hereof.

25         (3)  Rights of any person in possession of the lands,

26  so long as such person is in such possession.

27         (4)  Estates, interests, claims, or charges arising out

28  of a title transaction which has been recorded subsequent to

29  the effective date of the root of title.

30         (5)  Recorded or unrecorded easements or rights,

31  interest or servitude in the nature of easements,

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 1  rights-of-way and terminal facilities, including those of a

 2  public utility or of a governmental agency, so long as the

 3  same are used and the use of any part thereof shall except

 4  from the operation hereof the right to the entire use thereof.

 5  No notice need be filed in order to preserve the lien of any

 6  mortgage or deed of trust or any supplement thereto

 7  encumbering any such recorded or unrecorded easements, or

 8  rights, interest, or servitude in the nature of easements,

 9  rights-of-way, and terminal facilities.  However, nothing

10  herein shall be construed as preserving to the mortgagee or

11  grantee of any such mortgage or deed of trust or any

12  supplement thereto any greater rights than the rights of the

13  mortgagor or grantor.

14         (6)  Rights of any person in whose name the land is

15  assessed on the county tax rolls for such period of time as

16  the land is so assessed and which rights are preserved for a

17  period of 3 years after the land is last assessed in such

18  person's name.

19         (7)  State title to lands beneath navigable waters

20  acquired by virtue of sovereignty.

21         (8)  A restriction or covenant recorded pursuant to

22  chapter 376 or chapter 403.

23         Section 18.  The sum of $2 million is appropriated from

24  the General Revenue Fund to the Department of Environmental

25  Protection for the purpose of administering the

26  State-Owned-Lands Cleanup Program under section 376.30702,

27  Florida Statutes, as created by this act, during the 2000-2001

28  fiscal year.

29         Section 19.  Section 376.3195, Florida Statutes, is

30  repealed.

31         Section 20.  This act shall take effect upon becoming a

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1  law.

 2

 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 1, line 2 through page 4, line 4

 7  remove from the title of the bill:  all of said lines

 8

 9  and insert in lieu thereof:

10         An act relating to pollution control; amending

11         s. 206.9935, F.S.; providing requirements for

12         determination of the rate; amending s. 252.87,

13         F.S.; revising reporting requirements under the

14         Hazardous Materials Emergency Response and

15         Community Right-to-Know Act; amending s.

16         288.047, F.S.; requiring Enterprise Florida,

17         Inc., to set aside each fiscal year a certain

18         amount of the appropriation for the Quick

19         Response Training Program for businesses

20         located in a brownfield area; amending s.

21         288.107, F.S.; redefining the term "eligible

22         business"; providing for bonus refunds for

23         businesses that can demonstrate a fixed capital

24         investment in certain mixed use activities in

25         the brownfield area; amending s. 288.905, F.S.;

26         requiring Enterprise Florida, Inc., to develop

27         comprehensive marketing strategies for

28         redevelopment of brownfield areas; amending s.

29         376.301, F.S.; redefining the terms

30         "antagonistic effects," "discharge,"

31         "institutional controls," "natural

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         attenuation," and "site rehabilitation" and

 2         defining the term "risk reduction"; creating s.

 3         376.30701, F.S.; extending application of

 4         risk-based corrective action principles to all

 5         contaminated sites resulting from a discharge

 6         of pollutants or hazardous substances;

 7         providing for contamination cleanup criteria

 8         that incorporates risk-based corrective actions

 9         to be adopted by rule; providing clarification

10         that cleanup criteria do not apply to offsite

11         relocation or treatment; providing the

12         conditions under which further rehabilitation

13         may be required; creating s. 376.30702, F.S.;

14         creating the Florida State-Owned-Lands Cleanup

15         Program; providing intent; directing the

16         Department of Environmental Protection to use

17         existing site priority ranking and cleanup

18         criteria; establishing limited liability

19         protection; amending s. 376.3078, F.S.;

20         providing conditions with respect to

21         determination of eligibility of specified

22         drycleaning facilities for state-funded site

23         rehabilitation; providing for rehabilitation

24         criteria; amending s. 376.79, F.S.; defining

25         the terms "contaminant" and "risk reduction";

26         redefining the terms "natural attenuation,"

27         "institutional control," and "source removal";

28         amending s. 376.80, F.S.; allowing local

29         governments or persons responsible for

30         brownfield area rehabilitation and

31         redevelopment to use an existing advisory

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         committee; deleting the requirement that the

 2         advisory committee must review and provide

 3         recommendations to the local government with

 4         jurisdiction on the proposed brownfield site

 5         rehabilitation agreement; providing that the

 6         person responsible for site rehabilitation must

 7         notify the advisory committee of the intent to

 8         rehabilitate and redevelop the site before

 9         executing the brownfield site rehabilitation

10         agreement; requiring the person responsible for

11         site rehabilitation to hold a meeting or attend

12         a regularly scheduled meeting of the advisory

13         committee to inform the advisory committee of

14         the outcome of the environmental assessment;

15         requiring the person responsible for site

16         rehabilitation to enter into a brownfield site

17         rehabilitation agreement only if actual

18         contamination exists; clarifying provisions

19         relating to the required comprehensive general

20         liability and comprehensive automobile

21         liability insurance; amending s. 376.81, F.S.;

22         providing direction regarding the risk-based

23         corrective action rule; requiring the

24         department to establish alternative cleanup

25         levels under certain circumstances; amending s.

26         376.82, F.S.; providing immunity for liability

27         regarding contaminated site remediation under

28         certain circumstances; amending s. 403.973,

29         F.S.; providing that projects located in a

30         designated brownfield area are eligible for the

31         expedited permitting process; amending s.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No. 1 (for drafter's use only)





 1         190.012, F.S.; authorizing community

 2         development districts to fund certain

 3         environmental costs under certain

 4         circumstances; amending ss. 712.01, 712.03,

 5         F.S.; prohibiting subsequent property owners

 6         from removing certain deed restrictions under

 7         other provisions of the Marketable Record Title

 8         Act; providing an appropriation; repealing s.

 9         376.3195, F.S.; providing an effective date.

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