Senate Bill sb1318c1

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    Florida Senate - 2005                           CS for SB 1318

    By the Committees on General Government Appropriations;
    Environmental Preservation; and Senator Haridopolos




    601-1896-05

  1                      A bill to be entitled

  2         An act relating to underground petroleum

  3         storage tanks; amending s. 376.3071, F.S.;

  4         directing the Department of Environmental

  5         Protection to encumber petroleum remediation

  6         funds uniformly throughout the state's fiscal

  7         year; providing for a prioritization within a

  8         priority scoring range; providing that limited

  9         source removal projects approved outside the

10         established priority order may be funded from

11         the Inland Protection Trust Fund; providing a

12         priority order for these projects; limiting the

13         use of the funds to certain specified purposes;

14         limiting the amount of money allocated to such

15         projects each fiscal year; providing for the

16         repeal of the law on a specified date; amending

17         s. 376.30713, F.S.; providing that the

18         preapproved advanced cleanup provisions may

19         apply to certain discharges under the petroleum

20         cleanup participation program; amending s.

21         376.3075, F.S.; authorizing the Inland

22         Protection Financing Corporation to borrow

23         money and issue bonds to pay for large-scale

24         cleanups that are eligible for state funding;

25         requiring submission of a plan by the Inland

26         Protection Financing Corporation prior to the

27         issuance of certain debt; requiring the

28         department to obtain legislative authorization

29         for certain debt-financed cleanup projects and

30         payments; extending the termination date of the

31         corporation; creating s. 376.30715, F.S.;

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    Florida Senate - 2005                           CS for SB 1318
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 1         providing that certain contaminated sites

 2         acquired prior to July 1, 1990, are eligible

 3         for state financial cleanup assistance;

 4         providing an effective date.

 5  

 6         WHEREAS, all of Florida's underground petroleum storage

 7  tank systems must be upgraded prior to January 1, 2010, and

 8         WHEREAS, it is in the state's best interest to

 9  encourage early replacement of such systems, and

10         WHEREAS, it is in the state's best interest to provide

11  financial assistance for limited source removal at the time of

12  the system's replacement, and

13         WHEREAS, it is in the state's best interest to provide

14  for a method of payment for large-scale cleanups in the future

15  so as to minimize the impact on other cleanups that are

16  underway, NOW, THEREFORE,

17  

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

19  

20         Section 1.  Subsections (4) and (5) of section

21  376.3071, Florida Statutes, are amended, and subsection (14)

22  is added to that section, to read:

23         376.3071  Inland Protection Trust Fund; creation;

24  purposes; funding.--

25         (4)  USES.--Whenever, in its determination, incidents

26  of inland contamination related to the storage of petroleum or

27  petroleum products may pose a threat to the environment or the

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

29  obligate moneys available in the fund to provide for:

30         (a)  Prompt investigation and assessment of

31  contamination sites.

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 1         (b)  Expeditious restoration or replacement of potable

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

 3         (c)  Rehabilitation of contamination sites, which shall

 4  consist of cleanup of affected soil, groundwater, and inland

 5  surface waters, using the most cost-effective alternative that

 6  is technologically feasible and reliable and that provides

 7  adequate protection of the public health, safety, and welfare

 8  and minimizes environmental damage, in accordance with the

 9  site selection and cleanup criteria established by the

10  department under subsection (5), except that nothing herein

11  shall be construed to authorize the department to obligate

12  funds for payment of costs which may be associated with, but

13  are not integral to, site rehabilitation, such as the cost for

14  retrofitting or replacing petroleum storage systems.

15         (d)  Maintenance and monitoring of contamination sites.

16         (e)  Inspection and supervision of activities described

17  in this subsection.

18         (f)  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         (g)  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         (h)  Establishment and implementation of the compliance

30  verification program as authorized in s. 376.303(1)(a),

31  including contracting with local governments or state agencies

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    Florida Senate - 2005                           CS for SB 1318
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 1  to provide for the administration of such program through

 2  locally administered programs, to minimize the potential for

 3  further contamination sites.

 4         (i)  Funding of the provisions of ss. 376.305(6) and

 5  376.3072.

 6         (j)  Activities related to removal and replacement of

 7  petroleum storage systems, exclusive of costs of any tank,

 8  piping, dispensing unit, or related hardware, if soil removal

 9  is preapproved as a component of site rehabilitation and

10  requires removal of the tank where remediation is conducted

11  under s. 376.30711 or if such activities were justified in an

12  approved remedial action plan performed pursuant to subsection

13  (12).

14         (k)  Activities related to reimbursement application

15  preparation and activities related to reimbursement

16  application examination by a certified public accountant

17  pursuant to subsection (12).

18         (l)  Reasonable costs of restoring property as nearly

19  as practicable to the conditions which existed prior to

20  activities associated with contamination assessment or

21  remedial action taken under s. 376.303(4).

22         (m)  Repayment of loans to the fund.

23         (n)  Expenditure of sums from the fund to cover

24  ineligible sites or costs as set forth in subsection (13), if

25  the department in its discretion deems it necessary to do so.

26  In such cases, the department may seek recovery and

27  reimbursement of costs in the same manner and in accordance

28  with the same procedures as are established for recovery and

29  reimbursement of sums otherwise owed to or expended from the

30  fund.

31  

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    Florida Senate - 2005                           CS for SB 1318
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 1         (o)  Payment of amounts payable under any service

 2  contract entered into by the department pursuant to s.

 3  376.3075, subject to annual appropriation by the Legislature.

 4         (p)  Petroleum remediation pursuant to s. 376.30711

 5  throughout a state fiscal year. The department shall establish

 6  a process to uniformly encumber appropriated funds throughout

 7  a state fiscal year and shall allow for emergencies and

 8  imminent threats to human health and the environment as

 9  provided in paragraph (5)(a). This paragraph does not apply to

10  appropriations associated with the free product recovery

11  initiative of paragraph (5)(c) or the preapproved advanced

12  cleanup program of s. 376.30713.

13  

14  The Inland Protection Trust Fund may only be used to fund the

15  activities in ss. 376.30-376.319 except ss. 376.3078 and

16  376.3079.  Amounts on deposit in the Inland Protection Trust

17  Fund in each fiscal year shall first be applied or allocated

18  for the payment of amounts payable by the department pursuant

19  to paragraph (o) under a service contract entered into by the

20  department pursuant to s. 376.3075 and appropriated in each

21  year by the Legislature prior to making or providing for other

22  disbursements from the fund. Nothing in this subsection shall

23  authorize the use of the Inland Protection Trust Fund for

24  cleanup of contamination caused primarily by a discharge of

25  solvents as defined in s. 206.9925(6), or polychlorinated

26  biphenyls when their presence causes them to be hazardous

27  wastes, except solvent contamination which is the result of

28  chemical or physical breakdown of petroleum products and is

29  otherwise eligible. Facilities used primarily for the storage

30  of motor or diesel fuels as defined in ss. 206.01 and 206.86

31  

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    Florida Senate - 2005                           CS for SB 1318
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 1  shall be presumed not to be excluded from eligibility pursuant

 2  to this section.

 3         (5)  SITE SELECTION AND CLEANUP CRITERIA.--

 4         (a)  The department shall adopt rules to establish

 5  priorities based upon a scoring system for state-conducted

 6  cleanup at petroleum contamination sites based upon factors

 7  that include, but need not be limited to:

 8         1.  The degree to which human health, safety, or

 9  welfare may be affected by exposure to the contamination;

10         2.  The size of the population or area affected by the

11  contamination;

12         3.  The present and future uses of the affected aquifer

13  or surface waters, with particular consideration as to the

14  probability that the contamination is substantially affecting,

15  or will migrate to and substantially affect, a known public or

16  private source of potable water; and

17         4.  The effect of the contamination on the environment.

18  

19  Moneys in the fund shall then be obligated for activities

20  described in paragraphs (4)(a)-(e) at individual sites in

21  accordance with such established criteria.  However, nothing

22  in this paragraph shall be construed to restrict the

23  department from modifying the priority status of a

24  rehabilitation site where conditions warrant, taking into

25  consideration the actual distance between the contamination

26  site and groundwater or surface water receptors or other

27  factors that affect the risk of exposure to petroleum

28  products' chemicals of concern. The department may use the

29  effective date of a department final order granting

30  eligibility pursuant to subsections (9) and (13) and ss.

31  

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    Florida Senate - 2005                           CS for SB 1318
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 1  376.305(6) and 376.3072 to establish a prioritization system

 2  within a particular priority scoring range.

 3         (b)  It is the intent of the Legislature to protect the

 4  health of all people under actual circumstances of exposure.

 5  The secretary shall establish criteria by rule for the purpose

 6  of determining, on a site-specific basis, the rehabilitation

 7  program tasks that comprise a site rehabilitation program and

 8  the level at which a rehabilitation program task and a site

 9  rehabilitation program may be deemed completed.  In

10  establishing the rule, the department shall incorporate, to

11  the maximum extent feasible, risk-based corrective action

12  principles to achieve protection of human health and safety

13  and the environment in a cost-effective manner as provided in

14  this subsection. Criteria for determining what constitutes a

15  rehabilitation program task or completion of site

16  rehabilitation program tasks and site rehabilitation programs

17  shall be based upon the factors set forth in paragraph (a) and

18  the following additional factors:

19         1.  The current exposure and potential risk of exposure

20  to humans and the environment including multiple pathways of

21  exposure.

22         2.  The appropriate point of compliance with cleanup

23  target levels for petroleum products' chemicals of concern.

24  The point of compliance shall be at the source of the

25  petroleum contamination.  However, the department is

26  authorized to temporarily move the point of compliance to the

27  boundary of the property, or to the edge of the plume when the

28  plume is within the property boundary, while cleanup,

29  including cleanup through natural attenuation processes in

30  conjunction with appropriate monitoring, is proceeding.  The

31  department also is authorized, pursuant to criteria provided

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 1  for in this paragraph, to temporarily extend the point of

 2  compliance beyond the property boundary with appropriate

 3  monitoring, if such extension is needed to facilitate natural

 4  attenuation or to address the current conditions of the plume,

 5  provided human health, public safety, and the environment are

 6  adequately protected.  Temporary extension of the point of

 7  compliance beyond the property boundary, as provided in this

 8  subparagraph, shall include notice to local governments and

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

10  allowed to extend.

11         3.  The appropriate site-specific cleanup goal.  The

12  site-specific cleanup goal shall be that all petroleum

13  contamination sites ultimately achieve the applicable cleanup

14  target levels provided in this paragraph. However, the

15  department is authorized to allow concentrations of the

16  petroleum products' chemicals of concern to temporarily exceed

17  the applicable cleanup target levels while cleanup, including

18  cleanup through natural attenuation processes in conjunction

19  with appropriate monitoring, is proceeding, provided human

20  health, public safety, and the environment are adequately

21  protected.

22         4.  The appropriateness of using institutional or

23  engineering controls.  Site rehabilitation programs may

24  include the use of institutional or engineering controls to

25  eliminate the potential exposure to petroleum products'

26  chemicals of concern to humans or the environment.  Use of

27  such controls must be preapproved by the department and

28  institutional controls shall not be acquired with funds from

29  the Inland Protection Trust Fund.  When institutional or

30  engineering controls are implemented to control exposure, the

31  removal of such controls must have prior department approval

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 1  and must be accompanied immediately by the resumption of

 2  active cleanup, or other approved controls, unless cleanup

 3  target levels pursuant to this paragraph have been achieved.

 4         5.  The additive effects of the petroleum products'

 5  chemicals of concern.  The synergistic effects of petroleum

 6  products' chemicals of concern shall also be considered when

 7  the scientific data becomes available.

 8         6.  Individual site characteristics which shall

 9  include, but not be limited to, the current and projected use

10  of the affected groundwater in the vicinity of the site,

11  current and projected land uses of the area affected by the

12  contamination, the exposed population, the degree and extent

13  of contamination, the rate of contaminant migration, the

14  apparent or potential rate of contaminant degradation through

15  natural attenuation processes, the location of the plume, and

16  the potential for further migration in relation to site

17  property boundaries.

18         7.  Applicable state water quality standards.

19         a.  Cleanup target levels for petroleum products'

20  chemicals of concern found in groundwater shall be the

21  applicable state water quality standards. Where such standards

22  do not exist, the cleanup target levels for groundwater shall

23  be based on the minimum criteria specified in department rule.

24  The department shall consider the following, as appropriate,

25  in establishing the applicable minimum criteria: calculations

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

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

28  naturally occurring background concentration; or nuisance,

29  organoleptic, and aesthetic considerations.

30         b.  Where surface waters are exposed to petroleum

31  contaminated groundwater, the cleanup target levels for the

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 1  petroleum products' chemicals of concern shall be based on the

 2  surface water standards as established by department rule.

 3  The point of measuring compliance with the surface water

 4  standards shall be in the groundwater immediately adjacent to

 5  the surface water body.

 6         8.  Whether deviation from state water quality

 7  standards or from established criteria is appropriate. The

 8  department may issue a "No Further Action Order" based upon

 9  the degree to which the desired cleanup target level is

10  achievable and can be reasonably and cost-effectively

11  implemented within available technologies or engineering and

12  institutional control strategies. Where a state water quality

13  standard is applicable, a deviation may not result in the

14  application of cleanup target levels more stringent than said

15  standard. In determining whether it is appropriate to

16  establish alternate cleanup target levels at a site, the

17  department may consider the effectiveness of source removal

18  that has been completed at the site and the practical

19  likelihood of:  the use of low yield or poor quality

20  groundwater; the use of groundwater near marine surface water

21  bodies; the current and projected use of the affected

22  groundwater in the vicinity of the site; or the use of

23  groundwater in the immediate vicinity of the storage tank

24  area, where it has been demonstrated that the groundwater

25  contamination is not migrating away from such localized

26  source; provided human health, public safety, and the

27  environment are adequately protected.

28         9.  Appropriate cleanup target levels for soils.

29         a.  In establishing soil cleanup target levels for

30  human exposure to petroleum products' chemicals of concern

31  found in soils from the land surface to 2 feet below land

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    Florida Senate - 2005                           CS for SB 1318
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 1  surface, the department shall consider the following, as

 2  appropriate: calculations using a lifetime cancer risk level

 3  of 1.0E-6; a hazard index of 1 or less; the best achievable

 4  detection limit; or the naturally occurring background

 5  concentration.

 6         b.  Leachability-based soil target levels shall be

 7  based on protection of the groundwater cleanup target levels

 8  or the alternate cleanup target levels for groundwater

 9  established pursuant to this paragraph, as appropriate.

10  Source removal and other cost-effective alternatives that are

11  technologically feasible shall be considered in achieving the

12  leachability soil target levels established by the department.

13  The leachability goals shall not be applicable if the

14  department determines, based upon individual site

15  characteristics, that petroleum products' chemicals of concern

16  will not leach into the groundwater at levels which pose a

17  threat to human health and safety or the environment.

18  

19  However, nothing in this paragraph shall be construed to

20  restrict the department from temporarily postponing completion

21  of any site rehabilitation program for which funds are being

22  expended whenever such postponement is deemed necessary in

23  order to make funds available for rehabilitation of a

24  contamination site with a higher priority status.

25         (c)  The department shall require source removal, if

26  warranted and cost-effective, at each site eligible for

27  restoration funding from the Inland Protection Trust Fund.

28         1.  Funding for free product recovery may be provided

29  in advance of the order established by the priority ranking

30  system under pursuant to paragraph (a) for site cleanup

31  activities. However, a separate prioritization for free

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 1  product recovery shall be established consistent with the

 2  provisions of paragraph (a). No more than $5 million shall be

 3  encumbered from the Inland Protection Trust Fund in any fiscal

 4  year for free product recovery conducted in advance of the

 5  priority order under pursuant to paragraph (a) established for

 6  site cleanup activities.

 7         2.  Funding for limited interim soil-source removals

 8  for sites that will become inaccessible for future remediation

 9  due to road infrastructure and right-of-way restrictions

10  resulting from a pending Department of Transportation road

11  construction project or for secondary containment upgrading of

12  underground storage tanks required under Chapter 62-761,

13  Florida Administrative Code, may be provided in advance of the

14  order established by the priority ranking system under

15  paragraph (a) for site cleanup activities. The department

16  shall provide written guidance on the limited source removal

17  information and technical evaluation necessary to justify a

18  request for a limited source removal in advance of the

19  priority order pursuant to paragraph (a) established for site

20  cleanup activities. Prioritization for limited source removal

21  projects associated with a secondary containment upgrade in

22  any fiscal year shall be determined on a first-come,

23  first-served basis according to the approval date issued under

24  s. 376.30711 for the limited source removal. Funding for

25  limited source removals associated with secondary containment

26  upgrades shall be limited to 10 sites in each fiscal year for

27  each facility owner and any related person. The limited source

28  removal for secondary containment upgrades shall be completed

29  no later than 6 months after the department issues its

30  approval of the project and the approval automatically expires

31  at the end of the 6 months. Funding for Department of

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 1  Transportation and secondary containment upgrade source

 2  removals may not exceed $50,000 for a single facility unless

 3  the department makes a determination that it is cost-effective

 4  and environmentally beneficial to exceed this amount, but in

 5  no event shall the department authorize costs in excess of

 6  $100,000 for a single facility. Department funding for limited

 7  interim soil-source removals associated with Department of

 8  Transportation projects and secondary containment upgrades

 9  shall be limited to supplemental soil assessment, soil

10  screening, soil removal, backfill material, treatment or

11  disposal of the contaminated soil, dewatering related to the

12  contaminated soil removal in an amount of up to 10 percent of

13  the total interim soil-source removal project costs,

14  treatment, and disposal of the contaminated groundwater and

15  preparation of the source removal report. No other costs

16  associated with the facility upgrade may be paid with

17  department funds. No more than $1 million for Department of

18  Transportation limited source removal projects and $10 million

19  for secondary containment upgrade limited source removal

20  projects conducted in advance of the priority order

21  established under paragraph (a) for site cleanup activities

22  shall be encumbered from the Inland Protection Trust Fund in

23  any fiscal year. This subparagraph is repealed effective June

24  30, 2008.

25         3.  Once free product removal and other source removal

26  identified in this paragraph are completed at a site, and

27  notwithstanding the order established by the priority ranking

28  system under paragraph (a) for site cleanup activities is

29  complete, the department may shall reevaluate the site to

30  determine the degree of active cleanup needed to continue site

31  rehabilitation.  Further, the department shall determine if

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 1  the reevaluated site qualifies for natural attenuation

 2  monitoring only or if no further action is required to

 3  rehabilitate the site.  If additional site rehabilitation is

 4  necessary to reach no further action status, the site

 5  rehabilitation shall be conducted in the order established by

 6  the priority ranking system under paragraph (a) and the

 7  department is encouraged to utilize natural attenuation and

 8  monitoring where site conditions warrant.

 9         (14)  Prior to the department entering into a service

10  contract with the Inland Protection Financing Corporation

11  which includes payments by the department to support any

12  existing or planned note, bond, certificate of indebtedness,

13  or other obligation or evidence of indebtedness of the

14  corporation pursuant to s. 376.3075, the Legislature, by law,

15  must specifically approve the cleanup project to be financed

16  and must authorize the department to enter into such a

17  contract.

18         Section 2.  Subsection (1) of section 376.30713,

19  Florida Statutes, is amended to read:

20         376.30713  Preapproved advanced cleanup.--

21         (1)  In addition to the legislative findings provided

22  in s. 376.30711, the Legislature finds and declares:

23         (a)  That the inability to conduct site rehabilitation

24  in advance of a site's priority ranking pursuant to s.

25  376.3071(5)(a) may substantially impede or prohibit property

26  transactions or the proper completion of public works

27  projects.

28         (b)  While the first priority of the state is to

29  provide for protection of the water resources of the state,

30  human health, and the environment, the viability of commerce

31  is of equal importance to the state.

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 1         (c)  It is in the public interest and of substantial

 2  economic benefit to the state to provide an opportunity for

 3  site rehabilitation to be conducted on a limited basis at

 4  contaminated sites, in advance of the site's priority ranking,

 5  to facilitate property transactions or public works projects.

 6         (d)  It is appropriate for persons responsible for site

 7  rehabilitation to share the costs associated with managing and

 8  conducting preapproved advanced cleanup, to facilitate the

 9  opportunity for preapproved advanced cleanup, and to mitigate

10  the additional costs that will be incurred by the state in

11  conducting site rehabilitation in advance of the site's

12  priority ranking.  Such cost sharing will result in more

13  contaminated sites being cleaned up and greater environmental

14  benefits to the state. The provisions of this section shall

15  only be available for sites eligible for restoration funding

16  under EDI, ATRP, or PLIRP. This section is available for

17  discharges eligible for restoration funding under the

18  petroleum cleanup participation program for the state's cost

19  share of site rehabilitation. Applications shall include a

20  cost-sharing commitment for this section in addition to the

21  25-percent-copayment requirement of the petroleum cleanup

22  participation program. This section is not available for any

23  discharge under a petroleum cleanup participation program

24  where the 25-percent-copayment requirement of the petroleum

25  cleanup participation program has been reduced or eliminated

26  pursuant to s. 376.3071(13)(c).

27         Section 3.  Section 376.3075, Florida Statutes, is

28  amended to read:

29         376.3075  Inland Protection Financing Corporation.--

30         (1)  There is hereby created a nonprofit public benefit

31  corporation to be known as the "Inland Protection Financing

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 1  Corporation" for the purpose of financing the rehabilitation

 2  of petroleum contamination sites pursuant to ss.

 3  376.30-376.319 and the payment, purchase, and settlement of

 4  reimbursement obligations of the department pursuant to s.

 5  376.3071(12), existing as of December 31, 1996.  Such

 6  reimbursement obligations are referred to in this section as

 7  existing reimbursement obligations.  The corporation shall

 8  terminate on July 1, 2025 2011.

 9         (2)  The corporation shall be governed by a board of

10  directors consisting of the Governor or the Governor's

11  designee, the Chief Financial Officer or the Chief Financial

12  Officer's designee, the chair of the Florida Black Business

13  Investment Board, and the secretary of the Department of

14  Environmental Protection. The executive director of the State

15  Board of Administration shall be the chief executive officer

16  of the corporation and shall direct and supervise the

17  administrative affairs of the corporation and shall control,

18  direct, and supervise the operation of the corporation. The

19  corporation shall also have such other officers as may be

20  determined by the board of directors.

21         (3)  The corporation shall have all the powers of a

22  corporate body under the laws of the state to the extent not

23  inconsistent with or restricted by the provisions of this

24  section, including, but not limited to, the power to:

25         (a)  Adopt, amend, and repeal bylaws not inconsistent

26  with this section.

27         (b)  Sue and be sued.

28         (c)  Adopt and use a common seal.

29         (d)  Acquire, purchase, hold, lease, and convey such

30  real and personal property as may be proper or expedient to

31  

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 1  carry out the purposes of the corporation and this section,

 2  and to sell, lease, or otherwise dispose of such property.

 3         (e)  Elect or appoint and employ such officers, agents,

 4  and employees as the corporation deems advisable to operate

 5  and manage the affairs of the corporation, which officers,

 6  agents, and employees may be officers or employees of the

 7  department and the state agencies represented on the board of

 8  directors of the corporation.

 9         (f)1.  Borrow money and issue notes, bonds,

10  certificates of indebtedness, or other obligations or

11  evidences of indebtedness necessary to pay the backlog or to

12  reimburse moneys from the Inland Protection Trust Fund used

13  pursuant to subsection (6) and to pay for large-scale

14  cleanups, such as ports, airports, and terminal facilities,

15  which are eligible for state funding.

16         2.  No action shall be taken pursuant to this

17  paragraph, consistent with subsection (5), or to s.

18  376.3071(14) prior to the Inland Protection Financing

19  Corporation submitting a detailed financing plan to the

20  Governor, the President of the Senate, and the Speaker of the

21  House of Representatives. The plan must address the need for

22  action to be taken pursuant to this paragraph to protect the

23  health, safety, and welfare of the people of the state; the

24  ability of the corporation to limit the impact on the Inland

25  Protection Trust Fund of all outstanding notes, bonds,

26  certificates of indebtedness, or other obligations or

27  evidences of indebtedness to less than $10 million in any

28  state fiscal year; and the ability of the corporation to limit

29  its total outstanding debt to no more than $100 million.

30         (g)  Make and execute any and all contracts, trust

31  agreements, and other instruments and agreements necessary or

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 1  convenient to accomplish the purposes of the corporation and

 2  this section.

 3         (h)  Select, retain, and employ professionals,

 4  contractors, or agents, which may include the Florida State

 5  Board of Administration's Division of Bond Finance, as shall

 6  be necessary or convenient to enable or assist the corporation

 7  in carrying out the purposes of the corporation and this

 8  section.

 9         (i)  Do any act or thing necessary or convenient to

10  carry out the purposes of the corporation and this section and

11  the powers provided in this section.

12         (4)  The corporation is authorized to enter into one or

13  more service contracts with the department pursuant to which

14  the corporation shall provide services to the department in

15  connection with financing the functions and activities

16  provided for in ss. 376.30-376.319.  The department may enter

17  into one or more such service contracts with the corporation

18  and to provide for payments under such contracts pursuant to

19  s. 376.3071(4)(o), subject to annual appropriation by the

20  Legislature.  The proceeds from such service contracts may be

21  used for the costs and expenses of administration of the

22  corporation after payments as set forth in subsection (5).

23  Each service contract shall have a term not to exceed 10 years

24  and shall terminate no later than July 1, 2025 2011.  The

25  aggregate amount payable from the Inland Protection Trust Fund

26  under all such service contracts shall not exceed $65 million

27  in any state fiscal year.  Amounts annually appropriated and

28  applied to make payments under such service contracts shall

29  not include any funds derived from penalties or other payments

30  received from any property owner or private party, including

31  payments received from s. 376.3071(6)(b).  In compliance with

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 1  provisions of s. 287.0641 and other applicable provisions of

 2  law, the obligations of the department under such service

 3  contracts shall not constitute a general obligation of the

 4  state or a pledge of the faith and credit or taxing power of

 5  the state nor shall such obligations be construed in any

 6  manner as an obligation of the State Board of Administration

 7  or entities for which it invests funds, other than the

 8  department as provided in this section, but shall be payable

 9  solely from amounts available in the Inland Protection Trust

10  Fund, subject to annual appropriation.  In compliance with

11  this subsection and s. 287.0582, the service contract shall

12  expressly include the following statement:  "The State of

13  Florida's performance and obligation to pay under this

14  contract is contingent upon an annual appropriation by the

15  Legislature."

16         (5)  The corporation may issue and incur notes, bonds,

17  certificates of indebtedness, or other obligations or

18  evidences of indebtedness payable from and secured by amounts

19  payable to the corporation by the department under a service

20  contract entered into pursuant to subsection (4) for the

21  purpose of paying, purchasing, or settling existing

22  reimbursement obligations.  The term of any such note, bond,

23  certificate of indebtedness, or other obligation or evidence

24  of indebtedness shall not have a financing term that exceeds 6

25  years, nor shall the total payments for principal and interest

26  on any such note, bond, certificate of indebtedness, or other

27  obligation or evidence of indebtedness exceed the original

28  amount of approved reimbursement claims to be paid, purchased,

29  or settled by the corporation by more than $50 million.  The

30  corporation may select its financing team and issue its

31  obligations through competitive bidding or negotiated

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 1  contracts, whichever is most cost-effective. Any such

 2  indebtedness of the corporation shall not constitute a debt or

 3  obligation of the state or a pledge of the faith and credit or

 4  taxing power of the state, but shall be payable from and

 5  secured by payments made by the department under the service

 6  contract pursuant to s. 376.3071(4)(o).

 7         (6)  Upon the issuance of debt obligations by the

 8  corporation pursuant to subsection (5) for the payment,

 9  purchase, or settlement of existing reimbursement obligations,

10  amounts on deposit in the Inland Protection Trust Fund shall

11  not be available for the payment, purchase, or settlement of

12  existing reimbursement obligations to the extent proceeds of

13  such debt obligations are available for the payment of such

14  existing reimbursement obligations.  If, after the initial

15  issuance of debt obligations pursuant to subsection (5),

16  amounts on deposit in the Inland Protection Trust Fund are

17  used to pay existing reimbursement obligations, the

18  corporation shall reimburse the Inland Protection Trust Fund

19  for such payments from available proceeds of debt obligations

20  issued pursuant to subsection (5).  Payment, purchase, or

21  settlement by the corporation of existing reimbursement

22  obligations otherwise payable pursuant to s. 376.3071(12)

23  shall satisfy the obligation of the department to make such

24  payments.  Any such existing reimbursement obligations

25  purchased by the corporation shall be satisfied and

26  extinguished upon purchase by the corporation.

27         (7)  The corporation shall pay, purchase, or settle

28  existing reimbursement obligations as determined by the

29  department.  The department shall implement the repayment

30  priorities and method and amount of payments pursuant to s.

31  376.3071(12). However, any claims for reimbursement pursuant

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 1  to s. 376.3071(12) that the corporation is unable to pay

 2  because of the limitations contained in subsection (5) shall

 3  be paid by the department from the receipts of the Inland

 4  Protection Trust Fund.

 5         (8)  The fulfillment of the purposes of the corporation

 6  promotes the health, safety, and general welfare of the people

 7  of the state and serves as essential governmental functions

 8  and a paramount public purpose.

 9         (9)  The corporation is exempt from taxation and

10  assessments of any nature whatsoever upon its income and any

11  property, assets, or revenues acquired, received, or used in

12  the furtherance of the purposes provided in this chapter.  The

13  obligations of the corporation incurred pursuant to subsection

14  (5) and the interest and income thereon and all security

15  agreements, letters of credit, liquidity facilities, or other

16  obligations or instruments arising out of, entered into in

17  connection therewith, or given to secure payment thereof are

18  exempt from all taxation, provided such exemption does not

19  apply to any tax imposed by chapter 220 on the interest,

20  income, or profits on debt obligations owned by corporations.

21         (10)  The corporation shall validate obligations to be

22  incurred pursuant to subsection (5) and the validity and

23  enforceability of any service contracts providing for payments

24  pledged to the payment thereof by proceedings under chapter

25  75.  The validation complaint shall be filed only in the

26  Circuit Court for Leon County.  The notice required to be

27  published by s. 75.06 shall be published in Leon County and

28  the complaint and order of the circuit court shall be served

29  only on the State Attorney for the Second Judicial Circuit.

30  Sections 75.04(2) and 75.06(2) shall not apply to a complaint

31  for validation filed as authorized in this subsection.  The

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 1  validation of at least the first obligations incurred pursuant

 2  to subsection (5) shall be appealed to the Supreme Court, to

 3  be handled on an expedited basis.

 4         (11)  The corporation shall not be deemed to be a

 5  special district for purposes of chapter 189 or a unit of

 6  local government for purposes of part III of chapter 218.  The

 7  provisions of chapters 120 and 215, except the limitation on

 8  interest rates provided by s. 215.84 which applies to

 9  obligations of the corporation issued pursuant to this

10  section, and part I of chapter 287, except ss. 287.0582 and

11  287.0641, shall not apply to this section, the corporation

12  created hereby, the service contracts entered into pursuant to

13  this section, or to debt obligations issued by the corporation

14  as contemplated in this section.

15         (12)  In no event shall any of the benefits or earnings

16  of the corporation inure to the benefit of any private person.

17         (13)  Upon dissolution of the corporation, title to all

18  property owned by the corporation shall revert to the state.

19         (14)  The corporation may contract with the State Board

20  of Administration to serve as trustee with respect to debt

21  obligations issued by the corporation as contemplated by this

22  section and to hold, administer, and invest proceeds of such

23  debt obligations and other funds of the corporation and to

24  perform other services required by the corporation.  The State

25  Board of Administration may perform such services and may

26  contract with others to provide all or a part of such services

27  and to recover its and such other costs and expenses thereof.

28         Section 4.  Section 376.30715, Florida Statutes, is

29  created to read:

30         376.30715  Innocent victim petroleum storage system

31  restoration.--A contaminated site acquired prior to July 1,

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 1  1990, which has ceased operating as a petroleum storage or

 2  retail business prior to January 1, 1985, is eligible for

 3  financial assistance pursuant to s. 376.305(6),

 4  notwithstanding s. 376.305(6)(a). Eligible sites shall be

 5  ranked in accordance with s. 376.3071(5).

 6         Section 5.  This act shall take effect July 1, 2005.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 1318

10                                 

11  1.   Requires the Inland Protection Financing Corporation to
         submit a detailed financing plan to the Governor, the
12       President of the Senate, and the Speaker of the House of
         Representatives prior to issuing debt. The Legislature
13       must specifically approve the cleanup project to be
         financed prior to the Department of Environmental
14       Protection entering into a service contract with the
         corporation.  The impact to the Inland Protection Trust
15       Fund is limited to less than $10 million in any state
         fiscal year and the total amount of the debt is limited
16       to $100 million.

17  2    Creates the Innocent Victim Petroleum Storage System
         Restoration program for property owners with contaminated
18       sites that were acquired prior to July 1, 1990.  In order
         to be eligible for financial cleanup assistance, sites
19       must have ceased operating as a petroleum storage or
         retail business prior to January 1, 1985.
20  

21  

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31  

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