| 1 | The Agriculture & Environment Appropriations Committee |
| 2 | recommends the following: |
| 3 |
|
| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to underground petroleum storage tanks; |
| 8 | amending s. 376.3071, F.S.; directing the Department of |
| 9 | Environmental Protection to encumber petroleum remediation |
| 10 | funds uniformly throughout the state's fiscal year; |
| 11 | providing for a prioritization within a priority scoring |
| 12 | range; providing that limited source removal projects |
| 13 | approved outside the established priority order may be |
| 14 | funded from the Inland Protection Trust Fund; providing a |
| 15 | priority order for these projects; limiting the use of the |
| 16 | funds to certain specified purposes; limiting the amount |
| 17 | of money allocated to such projects each fiscal year; |
| 18 | providing for the repeal of the law on a specified date; |
| 19 | requiring the department to obtain legislative |
| 20 | authorization for certain debt-financed cleanup projects |
| 21 | and payments; amending s. 376.30713, F.S.; providing that |
| 22 | the preapproved advanced cleanup provisions may apply to |
| 23 | certain discharges under the petroleum cleanup |
| 24 | participation program; creating s. 376.30715, F.S.; |
| 25 | providing that certain contaminated sites acquired prior |
| 26 | to a specified date are eligible for state financial |
| 27 | cleanup assistance; amending s. 376.3075, F.S.; extending |
| 28 | the termination date of the Inland Protection Financing |
| 29 | Corporation; authorizing the corporation to borrow money |
| 30 | and issue bonds to pay for large-scale cleanups that are |
| 31 | eligible for state funding; requiring submission to the |
| 32 | Governor and Legislature of a plan by the corporation |
| 33 | prior to the issuance of certain debt; extending the |
| 34 | termination date of certain service contracts; providing |
| 35 | an effective date. |
| 36 |
|
| 37 | WHEREAS, all of Florida's underground petroleum storage |
| 38 | tank systems must be upgraded prior to January 1, 2010, and |
| 39 | WHEREAS, it is in the state's best interest to encourage |
| 40 | early replacement of such systems, and |
| 41 | WHEREAS, it is in the state's best interest to provide |
| 42 | financial assistance for limited source removal at the time of |
| 43 | the system's replacement, and |
| 44 | WHEREAS, it is in the state's best interest to provide for |
| 45 | a method of payment for large-scale cleanups in the future so as |
| 46 | to minimize the impact on other cleanups that are underway, NOW, |
| 47 | THEREFORE, |
| 48 |
|
| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
|
| 51 | Section 1. Subsections (4) and (5) of section 376.3071, |
| 52 | Florida Statutes, are amended, and subsection (14) is added to |
| 53 | said section, to read: |
| 54 | 376.3071 Inland Protection Trust Fund; creation; purposes; |
| 55 | funding.-- |
| 56 | (4) USES.--Whenever, in its determination, incidents of |
| 57 | inland contamination related to the storage of petroleum or |
| 58 | petroleum products may pose a threat to the environment or the |
| 59 | public health, safety, or welfare, the department shall obligate |
| 60 | moneys available in the fund to provide for: |
| 61 | (a) Prompt investigation and assessment of contamination |
| 62 | sites. |
| 63 | (b) Expeditious restoration or replacement of potable |
| 64 | water supplies as provided in s. 376.30(3)(c)1. |
| 65 | (c) Rehabilitation of contamination sites, which shall |
| 66 | consist of cleanup of affected soil, groundwater, and inland |
| 67 | surface waters, using the most cost-effective alternative that |
| 68 | is technologically feasible and reliable and that provides |
| 69 | adequate protection of the public health, safety, and welfare |
| 70 | and minimizes environmental damage, in accordance with the site |
| 71 | selection and cleanup criteria established by the department |
| 72 | under subsection (5), except that nothing herein shall be |
| 73 | construed to authorize the department to obligate funds for |
| 74 | payment of costs which may be associated with, but are not |
| 75 | integral to, site rehabilitation, such as the cost for |
| 76 | retrofitting or replacing petroleum storage systems. |
| 77 | (d) Maintenance and monitoring of contamination sites. |
| 78 | (e) Inspection and supervision of activities described in |
| 79 | this subsection. |
| 80 | (f) Payment of expenses incurred by the department in its |
| 81 | efforts to obtain from responsible parties the payment or |
| 82 | recovery of reasonable costs resulting from the activities |
| 83 | described in this subsection. |
| 84 | (g) Payment of any other reasonable costs of |
| 85 | administration, including those administrative costs incurred by |
| 86 | the Department of Health in providing field and laboratory |
| 87 | services, toxicological risk assessment, and other assistance to |
| 88 | the department in the investigation of drinking water |
| 89 | contamination complaints and costs associated with public |
| 90 | information and education activities. |
| 91 | (h) Establishment and implementation of the compliance |
| 92 | verification program as authorized in s. 376.303(1)(a), |
| 93 | including contracting with local governments or state agencies |
| 94 | to provide for the administration of such program through |
| 95 | locally administered programs, to minimize the potential for |
| 96 | further contamination sites. |
| 97 | (i) Funding of the provisions of ss. 376.305(6) and |
| 98 | 376.3072. |
| 99 | (j) Activities related to removal and replacement of |
| 100 | petroleum storage systems, exclusive of costs of any tank, |
| 101 | piping, dispensing unit, or related hardware, if soil removal is |
| 102 | preapproved as a component of site rehabilitation and requires |
| 103 | removal of the tank where remediation is conducted under s. |
| 104 | 376.30711 or if such activities were justified in an approved |
| 105 | remedial action plan performed pursuant to subsection (12). |
| 106 | (k) Activities related to reimbursement application |
| 107 | preparation and activities related to reimbursement application |
| 108 | examination by a certified public accountant pursuant to |
| 109 | subsection (12). |
| 110 | (l) Reasonable costs of restoring property as nearly as |
| 111 | practicable to the conditions which existed prior to activities |
| 112 | associated with contamination assessment or remedial action |
| 113 | taken under s. 376.303(4). |
| 114 | (m) Repayment of loans to the fund. |
| 115 | (n) Expenditure of sums from the fund to cover ineligible |
| 116 | sites or costs as set forth in subsection (13), if the |
| 117 | department in its discretion deems it necessary to do so. In |
| 118 | such cases, the department may seek recovery and reimbursement |
| 119 | of costs in the same manner and in accordance with the same |
| 120 | procedures as are established for recovery and reimbursement of |
| 121 | sums otherwise owed to or expended from the fund. |
| 122 | (o) Payment of amounts payable under any service contract |
| 123 | entered into by the department pursuant to s. 376.3075, subject |
| 124 | to annual appropriation by the Legislature. |
| 125 | (p) Petroleum remediation pursuant to s. 376.30711 |
| 126 | throughout a state fiscal year. The department shall establish a |
| 127 | process to uniformly encumber appropriated funds throughout a |
| 128 | state fiscal year and shall allow for emergencies and imminent |
| 129 | threats to human health and the environment as provided in |
| 130 | paragraph (5)(a). This paragraph does not apply to |
| 131 | appropriations associated with the free product recovery |
| 132 | initiative of paragraph (5)(c) or the preapproved advanced |
| 133 | cleanup program of s. 376.30713. |
| 134 |
|
| 135 | The Inland Protection Trust Fund may only be used to fund the |
| 136 | activities in ss. 376.30-376.319 except ss. 376.3078 and |
| 137 | 376.3079. Amounts on deposit in the Inland Protection Trust Fund |
| 138 | in each fiscal year shall first be applied or allocated for the |
| 139 | payment of amounts payable by the department pursuant to |
| 140 | paragraph (o) under a service contract entered into by the |
| 141 | department pursuant to s. 376.3075 and appropriated in each year |
| 142 | by the Legislature prior to making or providing for other |
| 143 | disbursements from the fund. Nothing in this subsection shall |
| 144 | authorize the use of the Inland Protection Trust Fund for |
| 145 | cleanup of contamination caused primarily by a discharge of |
| 146 | solvents as defined in s. 206.9925(6), or polychlorinated |
| 147 | biphenyls when their presence causes them to be hazardous |
| 148 | wastes, except solvent contamination which is the result of |
| 149 | chemical or physical breakdown of petroleum products and is |
| 150 | otherwise eligible. Facilities used primarily for the storage of |
| 151 | motor or diesel fuels as defined in ss. 206.01 and 206.86 shall |
| 152 | be presumed not to be excluded from eligibility pursuant to this |
| 153 | section. |
| 154 | (5) SITE SELECTION AND CLEANUP CRITERIA.-- |
| 155 | (a) The department shall adopt rules to establish |
| 156 | priorities based upon a scoring system for state-conducted |
| 157 | cleanup at petroleum contamination sites based upon factors that |
| 158 | include, but need not be limited to: |
| 159 | 1. The degree to which human health, safety, or welfare |
| 160 | may be affected by exposure to the contamination; |
| 161 | 2. The size of the population or area affected by the |
| 162 | contamination; |
| 163 | 3. The present and future uses of the affected aquifer or |
| 164 | surface waters, with particular consideration as to the |
| 165 | probability that the contamination is substantially affecting, |
| 166 | or will migrate to and substantially affect, a known public or |
| 167 | private source of potable water; and |
| 168 | 4. The effect of the contamination on the environment. |
| 169 |
|
| 170 | Moneys in the fund shall then be obligated for activities |
| 171 | described in paragraphs (4)(a)-(e) at individual sites in |
| 172 | accordance with such established criteria. However, nothing in |
| 173 | this paragraph shall be construed to restrict the department |
| 174 | from modifying the priority status of a rehabilitation site |
| 175 | where conditions warrant, taking into consideration the actual |
| 176 | distance between the contamination site and groundwater or |
| 177 | surface water receptors or other factors that affect the risk of |
| 178 | exposure to petroleum products' chemicals of concern. The |
| 179 | department may use the effective date of a department final |
| 180 | order granting eligibility pursuant to subsections (9) and (13) |
| 181 | and ss. 376.305(6) and 376.3072 to establish a prioritization |
| 182 | system within a particular priority scoring range. |
| 183 | (b) It is the intent of the Legislature to protect the |
| 184 | health of all people under actual circumstances of exposure. The |
| 185 | secretary shall establish criteria by rule for the purpose of |
| 186 | determining, on a site-specific basis, the rehabilitation |
| 187 | program tasks that comprise a site rehabilitation program and |
| 188 | the level at which a rehabilitation program task and a site |
| 189 | rehabilitation program may be deemed completed. In establishing |
| 190 | the rule, the department shall incorporate, to the maximum |
| 191 | extent feasible, risk-based corrective action principles to |
| 192 | achieve protection of human health and safety and the |
| 193 | environment in a cost-effective manner as provided in this |
| 194 | subsection. Criteria for determining what constitutes a |
| 195 | rehabilitation program task or completion of site rehabilitation |
| 196 | program tasks and site rehabilitation programs shall be based |
| 197 | upon the factors set forth in paragraph (a) and the following |
| 198 | additional factors: |
| 199 | 1. The current exposure and potential risk of exposure to |
| 200 | humans and the environment including multiple pathways of |
| 201 | exposure. |
| 202 | 2. The appropriate point of compliance with cleanup target |
| 203 | levels for petroleum products' chemicals of concern. The point |
| 204 | of compliance shall be at the source of the petroleum |
| 205 | contamination. However, the department is authorized to |
| 206 | temporarily move the point of compliance to the boundary of the |
| 207 | property, or to the edge of the plume when the plume is within |
| 208 | the property boundary, while cleanup, including cleanup through |
| 209 | natural attenuation processes in conjunction with appropriate |
| 210 | monitoring, is proceeding. The department also is authorized, |
| 211 | pursuant to criteria provided for in this paragraph, to |
| 212 | temporarily extend the point of compliance beyond the property |
| 213 | boundary with appropriate monitoring, if such extension is |
| 214 | needed to facilitate natural attenuation or to address the |
| 215 | current conditions of the plume, provided human health, public |
| 216 | safety, and the environment are adequately protected. Temporary |
| 217 | extension of the point of compliance beyond the property |
| 218 | boundary, as provided in this subparagraph, shall include notice |
| 219 | to local governments and owners of any property into which the |
| 220 | point of compliance is allowed to extend. |
| 221 | 3. The appropriate site-specific cleanup goal. The site- |
| 222 | specific cleanup goal shall be that all petroleum contamination |
| 223 | sites ultimately achieve the applicable cleanup target levels |
| 224 | provided in this paragraph. However, the department is |
| 225 | authorized to allow concentrations of the petroleum products' |
| 226 | chemicals of concern to temporarily exceed the applicable |
| 227 | cleanup target levels while cleanup, including cleanup through |
| 228 | natural attenuation processes in conjunction with appropriate |
| 229 | monitoring, is proceeding, provided human health, public safety, |
| 230 | and the environment are adequately protected. |
| 231 | 4. The appropriateness of using institutional or |
| 232 | engineering controls. Site rehabilitation programs may include |
| 233 | the use of institutional or engineering controls to eliminate |
| 234 | the potential exposure to petroleum products' chemicals of |
| 235 | concern to humans or the environment. Use of such controls must |
| 236 | be preapproved by the department and institutional controls |
| 237 | shall not be acquired with funds from the Inland Protection |
| 238 | Trust Fund. When institutional or engineering controls are |
| 239 | implemented to control exposure, the removal of such controls |
| 240 | must have prior department approval and must be accompanied |
| 241 | immediately by the resumption of active cleanup, or other |
| 242 | approved controls, unless cleanup target levels pursuant to this |
| 243 | paragraph have been achieved. |
| 244 | 5. The additive effects of the petroleum products' |
| 245 | chemicals of concern. The synergistic effects of petroleum |
| 246 | products' chemicals of concern shall also be considered when the |
| 247 | scientific data becomes available. |
| 248 | 6. Individual site characteristics which shall include, |
| 249 | but not be limited to, the current and projected use of the |
| 250 | affected groundwater in the vicinity of the site, current and |
| 251 | projected land uses of the area affected by the contamination, |
| 252 | the exposed population, the degree and extent of contamination, |
| 253 | the rate of contaminant migration, the apparent or potential |
| 254 | rate of contaminant degradation through natural attenuation |
| 255 | processes, the location of the plume, and the potential for |
| 256 | further migration in relation to site property boundaries. |
| 257 | 7. Applicable state water quality standards. |
| 258 | a. Cleanup target levels for petroleum products' chemicals |
| 259 | of concern found in groundwater shall be the applicable state |
| 260 | water quality standards. Where such standards do not exist, the |
| 261 | cleanup target levels for groundwater shall be based on the |
| 262 | minimum criteria specified in department rule. The department |
| 263 | shall consider the following, as appropriate, in establishing |
| 264 | the applicable minimum criteria: calculations using a lifetime |
| 265 | cancer risk level of 1.0E-6; a hazard index of 1 or less; the |
| 266 | best achievable detection limit; the naturally occurring |
| 267 | background concentration; or nuisance, organoleptic, and |
| 268 | aesthetic considerations. |
| 269 | b. Where surface waters are exposed to petroleum |
| 270 | contaminated groundwater, the cleanup target levels for the |
| 271 | petroleum products' chemicals of concern shall be based on the |
| 272 | surface water standards as established by department rule. The |
| 273 | point of measuring compliance with the surface water standards |
| 274 | shall be in the groundwater immediately adjacent to the surface |
| 275 | water body. |
| 276 | 8. Whether deviation from state water quality standards or |
| 277 | from established criteria is appropriate. The department may |
| 278 | issue a "No Further Action Order" based upon the degree to which |
| 279 | the desired cleanup target level is achievable and can be |
| 280 | reasonably and cost-effectively implemented within available |
| 281 | technologies or engineering and institutional control |
| 282 | strategies. Where a state water quality standard is applicable, |
| 283 | a deviation may not result in the application of cleanup target |
| 284 | levels more stringent than said standard. In determining whether |
| 285 | it is appropriate to establish alternate cleanup target levels |
| 286 | at a site, the department may consider the effectiveness of |
| 287 | source removal that has been completed at the site and the |
| 288 | practical likelihood of: the use of low yield or poor quality |
| 289 | groundwater; the use of groundwater near marine surface water |
| 290 | bodies; the current and projected use of the affected |
| 291 | groundwater in the vicinity of the site; or the use of |
| 292 | groundwater in the immediate vicinity of the storage tank area, |
| 293 | where it has been demonstrated that the groundwater |
| 294 | contamination is not migrating away from such localized source; |
| 295 | provided human health, public safety, and the environment are |
| 296 | adequately protected. |
| 297 | 9. Appropriate cleanup target levels for soils. |
| 298 | a. In establishing soil cleanup target levels for human |
| 299 | exposure to petroleum products' chemicals of concern found in |
| 300 | soils from the land surface to 2 feet below land surface, the |
| 301 | department shall consider the following, as appropriate: |
| 302 | calculations using a lifetime cancer risk level of 1.0E-6; a |
| 303 | hazard index of 1 or less; the best achievable detection limit; |
| 304 | or the naturally occurring background concentration. |
| 305 | b. Leachability-based soil target levels shall be based on |
| 306 | protection of the groundwater cleanup target levels or the |
| 307 | alternate cleanup target levels for groundwater established |
| 308 | pursuant to this paragraph, as appropriate. Source removal and |
| 309 | other cost-effective alternatives that are technologically |
| 310 | feasible shall be considered in achieving the leachability soil |
| 311 | target levels established by the department. The leachability |
| 312 | goals shall not be applicable if the department determines, |
| 313 | based upon individual site characteristics, that petroleum |
| 314 | products' chemicals of concern will not leach into the |
| 315 | groundwater at levels which pose a threat to human health and |
| 316 | safety or the environment. |
| 317 |
|
| 318 | However, nothing in this paragraph shall be construed to |
| 319 | restrict the department from temporarily postponing completion |
| 320 | of any site rehabilitation program for which funds are being |
| 321 | expended whenever such postponement is deemed necessary in order |
| 322 | to make funds available for rehabilitation of a contamination |
| 323 | site with a higher priority status. |
| 324 | (c) The department shall require source removal, if |
| 325 | warranted and cost-effective, at each site eligible for |
| 326 | restoration funding from the Inland Protection Trust Fund. |
| 327 | 1. Funding for free product recovery may be provided in |
| 328 | advance of the order established by the priority ranking system |
| 329 | under pursuant to paragraph (a) for site cleanup activities. |
| 330 | However, a separate prioritization for free product recovery |
| 331 | shall be established consistent with the provisions of paragraph |
| 332 | (a). No more than $5 million shall be encumbered from the Inland |
| 333 | Protection Trust Fund in any fiscal year for free product |
| 334 | recovery conducted in advance of the priority order under |
| 335 | pursuant to paragraph (a) established for site cleanup |
| 336 | activities. |
| 337 | 2. Funding for limited interim soil-source removals for |
| 338 | sites that will become inaccessible for future remediation due |
| 339 | to road infrastructure and right-of-way restrictions resulting |
| 340 | from a pending Department of Transportation road construction |
| 341 | project or for secondary containment upgrading of underground |
| 342 | storage tanks required under chapter 62-761, Florida |
| 343 | Administrative Code, may be provided in advance of the order |
| 344 | established by the priority ranking system under paragraph (a) |
| 345 | for site cleanup activities. The department shall provide |
| 346 | written guidance on the limited source removal information and |
| 347 | technical evaluation necessary to justify a request for a |
| 348 | limited source removal in advance of the priority order pursuant |
| 349 | to paragraph (a) established for site cleanup activities. |
| 350 | Prioritization for limited source removal projects associated |
| 351 | with a secondary containment upgrade in any fiscal year shall be |
| 352 | determined on a first-come, first-served basis according to the |
| 353 | approval date issued under s. 376.30711 for the limited source |
| 354 | removal. Funding for limited source removals associated with |
| 355 | secondary containment upgrades shall be limited to 10 sites in |
| 356 | each fiscal year for each facility owner and any related person. |
| 357 | The limited source removal for secondary containment upgrades |
| 358 | shall be completed no later than 6 months after the department |
| 359 | issues its approval of the project and the approval |
| 360 | automatically expires at the end of the 6 months. Funding for |
| 361 | Department of Transportation and secondary containment upgrade |
| 362 | source removals may not exceed $50,000 for a single facility |
| 363 | unless the department makes a determination that it is cost- |
| 364 | effective and environmentally beneficial to exceed this amount, |
| 365 | but in no event shall the department authorize costs in excess |
| 366 | of $100,000 for a single facility. Department funding for |
| 367 | limited interim soil-source removals associated with Department |
| 368 | of Transportation projects and secondary containment upgrades |
| 369 | shall be limited to supplemental soil assessment, soil |
| 370 | screening, soil removal, backfill material, treatment or |
| 371 | disposal of the contaminated soil, dewatering related to the |
| 372 | contaminated soil removal in an amount of up to 10 percent of |
| 373 | the total interim soil-source removal project costs, treatment, |
| 374 | and disposal of the contaminated groundwater and preparation of |
| 375 | the source removal report. No other costs associated with the |
| 376 | facility upgrade may be paid with department funds. No more than |
| 377 | $1 million for Department of Transportation limited source |
| 378 | removal projects and $10 million for secondary containment |
| 379 | upgrade limited source removal projects conducted in advance of |
| 380 | the priority order established under paragraph (a) for site |
| 381 | cleanup activities shall be encumbered from the Inland |
| 382 | Protection Trust Fund in any fiscal year. This subparagraph is |
| 383 | repealed effective June 30, 2008. |
| 384 | 3. Once free product removal and other source removal |
| 385 | identified in this paragraph are completed at a site, and |
| 386 | notwithstanding the order established by the priority ranking |
| 387 | system under paragraph (a) for site cleanup activities is |
| 388 | complete, the department may shall reevaluate the site to |
| 389 | determine the degree of active cleanup needed to continue site |
| 390 | rehabilitation. Further, the department shall determine if the |
| 391 | reevaluated site qualifies for natural attenuation monitoring |
| 392 | only or if no further action is required to rehabilitate the |
| 393 | site. If additional site rehabilitation is necessary to reach no |
| 394 | further action status, the site rehabilitation shall be |
| 395 | conducted in the order established by the priority ranking |
| 396 | system under paragraph (a) and the department is encouraged to |
| 397 | utilize natural attenuation and monitoring where site conditions |
| 398 | warrant. |
| 399 | (14) Prior to the department entering into a service |
| 400 | contract with the Inland Protection Financing Corporation that |
| 401 | includes payments by the department to support any existing or |
| 402 | planned note, bond, certificate of indebtedness, or other |
| 403 | obligation or evidence of indebtedness of the corporation |
| 404 | pursuant to s. 376.3075, the Legislature, by law, must |
| 405 | specifically approve the cleanup project to be financed and must |
| 406 | authorize the department to enter into such a contract. |
| 407 | Section 2. Subsection (1) of section 376.30713, Florida |
| 408 | Statutes, is amended to read: |
| 409 | 376.30713 Preapproved advanced cleanup.-- |
| 410 | (1) In addition to the legislative findings provided in s. |
| 411 | 376.30711, the Legislature finds and declares: |
| 412 | (a) That the inability to conduct site rehabilitation in |
| 413 | advance of a site's priority ranking pursuant to s. |
| 414 | 376.3071(5)(a) may substantially impede or prohibit property |
| 415 | transactions or the proper completion of public works projects. |
| 416 | (b) While the first priority of the state is to provide |
| 417 | for protection of the water resources of the state, human |
| 418 | health, and the environment, the viability of commerce is of |
| 419 | equal importance to the state. |
| 420 | (c) It is in the public interest and of substantial |
| 421 | economic benefit to the state to provide an opportunity for site |
| 422 | rehabilitation to be conducted on a limited basis at |
| 423 | contaminated sites, in advance of the site's priority ranking, |
| 424 | to facilitate property transactions or public works projects. |
| 425 | (d) It is appropriate for persons responsible for site |
| 426 | rehabilitation to share the costs associated with managing and |
| 427 | conducting preapproved advanced cleanup, to facilitate the |
| 428 | opportunity for preapproved advanced cleanup, and to mitigate |
| 429 | the additional costs that will be incurred by the state in |
| 430 | conducting site rehabilitation in advance of the site's priority |
| 431 | ranking. Such cost sharing will result in more contaminated |
| 432 | sites being cleaned up and greater environmental benefits to the |
| 433 | state. The provisions of this section shall only be available |
| 434 | for sites eligible for restoration funding under EDI, ATRP, or |
| 435 | PLIRP. This section is available for discharges eligible for |
| 436 | restoration funding under the petroleum cleanup participation |
| 437 | program for the state's cost share of site rehabilitation. |
| 438 | Applications shall include a cost-sharing commitment for this |
| 439 | section in addition to the 25-percent-copayment requirement of |
| 440 | the petroleum cleanup participation program. This section is not |
| 441 | available for any discharge under a petroleum cleanup |
| 442 | participation program where the 25-percent-copayment requirement |
| 443 | of the petroleum cleanup participation program has been reduced |
| 444 | or eliminated pursuant to s. 376.3071(13)(c). |
| 445 | Section 3. Section 376.30715, Florida Statutes, is created |
| 446 | to read: |
| 447 | 376.30715 Innocent victim petroleum storage system |
| 448 | restoration.--A contaminated site acquired prior to July 1, |
| 449 | 1990, that has ceased operating as a petroleum storage or retail |
| 450 | business prior to January 1, 1985, is eligible for financial |
| 451 | assistance pursuant to s. 376.305(6), notwithstanding s. |
| 452 | 376.305(6)(a). Eligible sites shall be ranked in accordance with |
| 453 | s. 376.3071(5). |
| 454 | Section 4. Section 376.3075, Florida Statutes, is amended |
| 455 | to read: |
| 456 | 376.3075 Inland Protection Financing Corporation.-- |
| 457 | (1) There is hereby created a nonprofit public benefit |
| 458 | corporation to be known as the "Inland Protection Financing |
| 459 | Corporation" for the purpose of financing the rehabilitation of |
| 460 | petroleum contamination sites pursuant to ss. 376.30-376.319 and |
| 461 | the payment, purchase, and settlement of reimbursement |
| 462 | obligations of the department pursuant to s. 376.3071(12), |
| 463 | existing as of December 31, 1996. Such reimbursement obligations |
| 464 | are referred to in this section as existing reimbursement |
| 465 | obligations. The corporation shall terminate on July 1, 2025 |
| 466 | 2011. |
| 467 | (2) The corporation shall be governed by a board of |
| 468 | directors consisting of the Governor or the Governor's designee, |
| 469 | the Chief Financial Officer or the Chief Financial Officer's |
| 470 | designee, the chair of the Florida Black Business Investment |
| 471 | Board, and the secretary of the Department of Environmental |
| 472 | Protection. The executive director of the State Board of |
| 473 | Administration shall be the chief executive officer of the |
| 474 | corporation and shall direct and supervise the administrative |
| 475 | affairs of the corporation and shall control, direct, and |
| 476 | supervise the operation of the corporation. The corporation |
| 477 | shall also have such other officers as may be determined by the |
| 478 | board of directors. |
| 479 | (3) The corporation shall have all the powers of a |
| 480 | corporate body under the laws of the state to the extent not |
| 481 | inconsistent with or restricted by the provisions of this |
| 482 | section, including, but not limited to, the power to: |
| 483 | (a) Adopt, amend, and repeal bylaws not inconsistent with |
| 484 | this section. |
| 485 | (b) Sue and be sued. |
| 486 | (c) Adopt and use a common seal. |
| 487 | (d) Acquire, purchase, hold, lease, and convey such real |
| 488 | and personal property as may be proper or expedient to carry out |
| 489 | the purposes of the corporation and this section, and to sell, |
| 490 | lease, or otherwise dispose of such property. |
| 491 | (e) Elect or appoint and employ such officers, agents, and |
| 492 | employees as the corporation deems advisable to operate and |
| 493 | manage the affairs of the corporation, which officers, agents, |
| 494 | and employees may be officers or employees of the department and |
| 495 | the state agencies represented on the board of directors of the |
| 496 | corporation. |
| 497 | (f)1. Borrow money and issue notes, bonds, certificates of |
| 498 | indebtedness, or other obligations or evidences of indebtedness |
| 499 | necessary to pay the backlog or to reimburse moneys from the |
| 500 | Inland Protection Trust Fund used pursuant to subsection (6) and |
| 501 | to pay for large-scale cleanups, such as ports, airports, and |
| 502 | terminal facilities, which are eligible for state funding. |
| 503 | 2. No action shall be taken pursuant to this paragraph, |
| 504 | consistent with subsection (5), or pursuant to s. 376.3071(14) |
| 505 | prior to the Inland Protection Financing Corporation submitting |
| 506 | a detailed financing plan to the Governor, the President of the |
| 507 | Senate, and the Speaker of the House of Representatives. The |
| 508 | plan must address the need for action to be taken pursuant to |
| 509 | this paragraph to protect the health, safety, and welfare of the |
| 510 | people of the state; the ability of the corporation to limit the |
| 511 | impact on the Inland Protection Trust Fund of all outstanding |
| 512 | notes, bonds, certificates of indebtedness, or other obligations |
| 513 | or evidences of indebtedness to less than $10 million in any |
| 514 | state fiscal year; and the ability of the corporation to limit |
| 515 | its total outstanding debt to no more than $100 million. |
| 516 | (g) Make and execute any and all contracts, trust |
| 517 | agreements, and other instruments and agreements necessary or |
| 518 | convenient to accomplish the purposes of the corporation and |
| 519 | this section. |
| 520 | (h) Select, retain, and employ professionals, contractors, |
| 521 | or agents, which may include the Florida State Board of |
| 522 | Administration's Division of Bond Finance, as shall be necessary |
| 523 | or convenient to enable or assist the corporation in carrying |
| 524 | out the purposes of the corporation and this section. |
| 525 | (i) Do any act or thing necessary or convenient to carry |
| 526 | out the purposes of the corporation and this section and the |
| 527 | powers provided in this section. |
| 528 | (4) The corporation is authorized to enter into one or |
| 529 | more service contracts with the department pursuant to which the |
| 530 | corporation shall provide services to the department in |
| 531 | connection with financing the functions and activities provided |
| 532 | for in ss. 376.30-376.319. The department may enter into one or |
| 533 | more such service contracts with the corporation and to provide |
| 534 | for payments under such contracts pursuant to s. 376.3071(4)(o), |
| 535 | subject to annual appropriation by the Legislature. The proceeds |
| 536 | from such service contracts may be used for the costs and |
| 537 | expenses of administration of the corporation after payments as |
| 538 | set forth in subsection (5). Each service contract shall have a |
| 539 | term not to exceed 10 years and shall terminate no later than |
| 540 | July 1, 2025 2011. The aggregate amount payable from the Inland |
| 541 | Protection Trust Fund under all such service contracts shall not |
| 542 | exceed $65 million in any state fiscal year. Amounts annually |
| 543 | appropriated and applied to make payments under such service |
| 544 | contracts shall not include any funds derived from penalties or |
| 545 | other payments received from any property owner or private |
| 546 | party, including payments received from s. 376.3071(6)(b). In |
| 547 | compliance with provisions of s. 287.0641 and other applicable |
| 548 | provisions of law, the obligations of the department under such |
| 549 | service contracts shall not constitute a general obligation of |
| 550 | the state or a pledge of the faith and credit or taxing power of |
| 551 | the state nor shall such obligations be construed in any manner |
| 552 | as an obligation of the State Board of Administration or |
| 553 | entities for which it invests funds, other than the department |
| 554 | as provided in this section, but shall be payable solely from |
| 555 | amounts available in the Inland Protection Trust Fund, subject |
| 556 | to annual appropriation. In compliance with this subsection and |
| 557 | s. 287.0582, the service contract shall expressly include the |
| 558 | following statement: "The State of Florida's performance and |
| 559 | obligation to pay under this contract is contingent upon an |
| 560 | annual appropriation by the Legislature." |
| 561 | (5) The corporation may issue and incur notes, bonds, |
| 562 | certificates of indebtedness, or other obligations or evidences |
| 563 | of indebtedness payable from and secured by amounts payable to |
| 564 | the corporation by the department under a service contract |
| 565 | entered into pursuant to subsection (4) for the purpose of |
| 566 | paying, purchasing, or settling existing reimbursement |
| 567 | obligations. The term of any such note, bond, certificate of |
| 568 | indebtedness, or other obligation or evidence of indebtedness |
| 569 | shall not have a financing term that exceeds 6 years, nor shall |
| 570 | the total payments for principal and interest on any such note, |
| 571 | bond, certificate of indebtedness, or other obligation or |
| 572 | evidence of indebtedness exceed the original amount of approved |
| 573 | reimbursement claims to be paid, purchased, or settled by the |
| 574 | corporation by more than $50 million. The corporation may select |
| 575 | its financing team and issue its obligations through competitive |
| 576 | bidding or negotiated contracts, whichever is most cost- |
| 577 | effective. Any such indebtedness of the corporation shall not |
| 578 | constitute a debt or obligation of the state or a pledge of the |
| 579 | faith and credit or taxing power of the state, but shall be |
| 580 | payable from and secured by payments made by the department |
| 581 | under the service contract pursuant to s. 376.3071(4)(o). |
| 582 | (6) Upon the issuance of debt obligations by the |
| 583 | corporation pursuant to subsection (5) for the payment, |
| 584 | purchase, or settlement of existing reimbursement obligations, |
| 585 | amounts on deposit in the Inland Protection Trust Fund shall not |
| 586 | be available for the payment, purchase, or settlement of |
| 587 | existing reimbursement obligations to the extent proceeds of |
| 588 | such debt obligations are available for the payment of such |
| 589 | existing reimbursement obligations. If, after the initial |
| 590 | issuance of debt obligations pursuant to subsection (5), amounts |
| 591 | on deposit in the Inland Protection Trust Fund are used to pay |
| 592 | existing reimbursement obligations, the corporation shall |
| 593 | reimburse the Inland Protection Trust Fund for such payments |
| 594 | from available proceeds of debt obligations issued pursuant to |
| 595 | subsection (5). Payment, purchase, or settlement by the |
| 596 | corporation of existing reimbursement obligations otherwise |
| 597 | payable pursuant to s. 376.3071(12) shall satisfy the obligation |
| 598 | of the department to make such payments. Any such existing |
| 599 | reimbursement obligations purchased by the corporation shall be |
| 600 | satisfied and extinguished upon purchase by the corporation. |
| 601 | (7) The corporation shall pay, purchase, or settle |
| 602 | existing reimbursement obligations as determined by the |
| 603 | department. The department shall implement the repayment |
| 604 | priorities and method and amount of payments pursuant to s. |
| 605 | 376.3071(12). However, any claims for reimbursement pursuant to |
| 606 | s. 376.3071(12) that the corporation is unable to pay because of |
| 607 | the limitations contained in subsection (5) shall be paid by the |
| 608 | department from the receipts of the Inland Protection Trust |
| 609 | Fund. |
| 610 | (8) The fulfillment of the purposes of the corporation |
| 611 | promotes the health, safety, and general welfare of the people |
| 612 | of the state and serves as essential governmental functions and |
| 613 | a paramount public purpose. |
| 614 | (9) The corporation is exempt from taxation and |
| 615 | assessments of any nature whatsoever upon its income and any |
| 616 | property, assets, or revenues acquired, received, or used in the |
| 617 | furtherance of the purposes provided in this chapter. The |
| 618 | obligations of the corporation incurred pursuant to subsection |
| 619 | (5) and the interest and income thereon and all security |
| 620 | agreements, letters of credit, liquidity facilities, or other |
| 621 | obligations or instruments arising out of, entered into in |
| 622 | connection therewith, or given to secure payment thereof are |
| 623 | exempt from all taxation, provided such exemption does not apply |
| 624 | to any tax imposed by chapter 220 on the interest, income, or |
| 625 | profits on debt obligations owned by corporations. |
| 626 | (10) The corporation shall validate obligations to be |
| 627 | incurred pursuant to subsection (5) and the validity and |
| 628 | enforceability of any service contracts providing for payments |
| 629 | pledged to the payment thereof by proceedings under chapter 75. |
| 630 | The validation complaint shall be filed only in the Circuit |
| 631 | Court for Leon County. The notice required to be published by |
| 632 | s. 75.06 shall be published in Leon County and the complaint and |
| 633 | order of the circuit court shall be served only on the State |
| 634 | Attorney for the Second Judicial Circuit. Sections 75.04(2) and |
| 635 | 75.06(2) shall not apply to a complaint for validation filed as |
| 636 | authorized in this subsection. The validation of at least the |
| 637 | first obligations incurred pursuant to subsection (5) shall be |
| 638 | appealed to the Supreme Court, to be handled on an expedited |
| 639 | basis. |
| 640 | (11) The corporation shall not be deemed to be a special |
| 641 | district for purposes of chapter 189 or a unit of local |
| 642 | government for purposes of part III of chapter 218. The |
| 643 | provisions of chapters 120 and 215, except the limitation on |
| 644 | interest rates provided by s. 215.84 which applies to |
| 645 | obligations of the corporation issued pursuant to this section, |
| 646 | and part I of chapter 287, except ss. 287.0582 and 287.0641, |
| 647 | shall not apply to this section, the corporation created hereby, |
| 648 | the service contracts entered into pursuant to this section, or |
| 649 | to debt obligations issued by the corporation as contemplated in |
| 650 | this section. |
| 651 | (12) In no event shall any of the benefits or earnings of |
| 652 | the corporation inure to the benefit of any private person. |
| 653 | (13) Upon dissolution of the corporation, title to all |
| 654 | property owned by the corporation shall revert to the state. |
| 655 | (14) The corporation may contract with the State Board of |
| 656 | Administration to serve as trustee with respect to debt |
| 657 | obligations issued by the corporation as contemplated by this |
| 658 | section and to hold, administer, and invest proceeds of such |
| 659 | debt obligations and other funds of the corporation and to |
| 660 | perform other services required by the corporation. The State |
| 661 | Board of Administration may perform such services and may |
| 662 | contract with others to provide all or a part of such services |
| 663 | and to recover its and such other costs and expenses thereof. |
| 664 | Section 5. This act shall take effect July 1, 2005. |