Senate Bill sb0592
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    Florida Senate - 2007                                   SB 592
    By Senator Saunders
    37-632-07
  1                      A bill to be entitled
  2         An act relating to petroleum cleanup; amending
  3         s. 376.30713, F.S.; eliminating obsolete
  4         provisions that require the Department of
  5         Environmental Protection to report on
  6         preapproved advanced cleanup projects;
  7         providing an effective date.
  8  
  9  Be It Enacted by the Legislature of the State of Florida:
10  
11         Section 1.  Section 376.30713, Florida Statutes, is
12  amended to read:
13         376.30713  Preapproved advanced cleanup.--
14         (1)  In addition to the legislative findings provided
15  in s. 376.30711, the Legislature finds and declares:
16         (a)  That the inability to conduct site rehabilitation
17  in advance of a site's priority ranking pursuant to s.
18  376.3071(5)(a) may substantially impede or prohibit property
19  transactions or the proper completion of public works
20  projects.
21         (b)  While the first priority of the state is to
22  provide for protection of the water resources of the state,
23  human health, and the environment, the viability of commerce
24  is of equal importance to the state.
25         (c)  It is in the public interest and of substantial
26  economic benefit to the state to provide an opportunity for
27  site rehabilitation to be conducted on a limited basis at
28  contaminated sites, in advance of the site's priority ranking,
29  to facilitate property transactions or public works projects.
30         (d)  It is appropriate for persons responsible for site
31  rehabilitation to share the costs associated with managing and
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    Florida Senate - 2007                                   SB 592
    37-632-07
 1  conducting preapproved advanced cleanup, to facilitate the
 2  opportunity for preapproved advanced cleanup, and to mitigate
 3  the additional costs that will be incurred by the state in
 4  conducting site rehabilitation in advance of the site's
 5  priority ranking.  Such cost sharing will result in more
 6  contaminated sites being cleaned up and greater environmental
 7  benefits to the state. The provisions of this section shall
 8  only be available for sites eligible for restoration funding
 9  under EDI, ATRP, or PLIRP. This section is available for
10  discharges eligible for restoration funding under the
11  petroleum cleanup participation program for the state's cost
12  share of site rehabilitation. Applications shall include a
13  cost-sharing commitment for this section in addition to the
14  25-percent-copayment requirement of the petroleum cleanup
15  participation program. This section is not available for any
16  discharge under a petroleum cleanup participation program
17  where the 25-percent-copayment requirement of the petroleum
18  cleanup participation program has been reduced or eliminated
19  pursuant to s. 376.3071(13)(c).
20         (2)  The department is authorized to approve an
21  application for preapproved advanced cleanup at eligible
22  sites, prior to funding based on the site's priority ranking
23  established pursuant to s. 376.3071(5)(a), in accordance with
24  the provisions of this section.  Persons who qualify as an
25  applicant under the provisions of this section shall only
26  include the facility owner or operator or the person otherwise
27  responsible for site rehabilitation.
28         (a)  Preapproved advanced cleanup applications may be
29  submitted between May 1 and June 30 and between November 1 and
30  December 31 of each fiscal year.  Applications submitted
31  
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    Florida Senate - 2007                                   SB 592
    37-632-07
 1  between May 1 and June 30 shall be for the fiscal year
 2  beginning July 1. An application shall consist of:
 3         1.  A commitment to pay no less than 25 percent of the
 4  total cleanup cost deemed recoverable under the provisions of
 5  this section along with proof of the ability to pay the cost
 6  share.
 7         2.  A nonrefundable review fee of $250 to cover the
 8  administrative costs associated with the department's review
 9  of the application.
10         3.  A limited contamination assessment report.
11         4.  A proposed course of action.
12  
13  The limited contamination assessment report shall be
14  sufficient to support the proposed course of action and to
15  estimate the cost of the proposed course of action.  Any costs
16  incurred related to conducting the limited contamination
17  assessment report are not refundable from the Inland
18  Protection Trust Fund. Site eligibility under this subsection,
19  or any other provision of this section, shall not constitute
20  an entitlement to preapproved advanced cleanup or continued
21  restoration funding.  The applicant shall certify to the
22  department that the applicant has the prerequisite authority
23  to enter into a preapproved advanced cleanup contract with the
24  department.  This certification shall be submitted with the
25  application.
26         (b)  The department shall rank the applications based
27  on the percentage of cost-sharing commitment proposed by the
28  applicant, with the highest ranking given to the applicant
29  that proposes the highest percentage of cost sharing.  If the
30  department receives applications that propose identical
31  cost-sharing commitments and which exceed the funds available
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    Florida Senate - 2007                                   SB 592
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 1  to commit to all such proposals during the preapproved
 2  advanced cleanup application period, the department shall
 3  proceed to rerank those applicants.  Those applicants
 4  submitting identical cost-sharing proposals which exceed
 5  funding availability shall be so notified by the department
 6  and shall be offered the opportunity to raise their individual
 7  cost-share commitments, in a period of time specified in the
 8  notice.  At the close of the period, the department shall
 9  proceed to rerank the applications in accordance with this
10  paragraph.
11         (3)(a)  Based on the ranking established under
12  paragraph (2)(b) and the funding limitations provided in
13  subsection (4), the department shall commence negotiation with
14  such applicants.  If the department and the applicant agree on
15  the course of action, the department may enter into a contract
16  with the applicant.  The department is authorized to negotiate
17  the terms and conditions of the contract.
18         (b)  Preapproved advanced cleanup shall be conducted
19  under the provisions of ss. 376.3071(5)(b) and 376.30711.  If
20  the terms of the preapproved advanced cleanup contract are not
21  fulfilled, the applicant forfeits any right to future payment
22  for any site rehabilitation work conducted under the contract.
23         (c)  The department's decision not to enter into a
24  preapproved advanced cleanup contract with the applicant shall
25  not be subject to the provisions of chapter 120.  If the
26  department is not able to complete negotiation of the course
27  of action and the terms of the contract within 60 days after
28  commencing negotiations, the department shall terminate
29  negotiations with that applicant.
30         (4)  The department is authorized to enter into
31  contract for a total of up to $10 million of preapproved
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    Florida Senate - 2007                                   SB 592
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 1  advanced cleanup work in each fiscal year.  However, no
 2  facility shall be preapproved for more than $500,000 of
 3  cleanup activity in each fiscal year.  For the purposes of
 4  this section the term "facility" shall include, but not be
 5  limited to, multiple site facilities such as airports, port
 6  facilities, and terminal facilities even though such
 7  enterprises may be treated as separate facilities for other
 8  purposes under this chapter.
 9         (5)  By December 31, 1998, the department shall submit
10  a report to the Governor, the President of the Senate, and the
11  Speaker of the House of Representatives on the progress and
12  level of activity under the provisions of this section.  The
13  report shall include the following information:
14         (a)  A list of sites under a preapproved advanced
15  cleanup contract, to be identified by the facility number.
16         (b)  The total number of preapproved advanced cleanup
17  applications submitted to the department.
18         (c)  The priority ranking scores of each participating
19  site.
20         (d)  The total amount of contract work authorized and
21  conducted for each site and the percentage and amount of cost
22  share.
23         (e)  The total revenues received under the provisions
24  of this section.
25         (f)  The annual costs of administering the provisions
26  of this section.
27         (g)  The recommended annual budget for the provisions
28  of this section.
29         (5)(6)  All funds collected by the department pursuant
30  to this section shall be deposited into the Inland Protection
31  Trust Fund to be used as provided in this section.
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    Florida Senate - 2007                                   SB 592
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 1         Section 2.  This act shall take effect upon becoming a
 2  law.
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 5                          SENATE SUMMARY
 6    Eliminates obsolete provisions that require the
      Department of Environmental Protection to report on
 7    preapproved advanced cleanup projects.
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