1

A bill to be entitled

2

An act relating to petroleum cleanup; amending s.

3

376.30713, F.S.; eliminating obsolete provisions that

4

require the Department of Environmental Protection to

5

report on preapproved advanced cleanup projects; providing

6

an effective date.

7

8

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

9

10

     Section 1.  Section 376.30713, Florida Statutes, is amended

11

to read:

12

     376.30713  Preapproved advanced cleanup.--

13

     (1)  In addition to the legislative findings provided in s.

14

376.30711, the Legislature finds and declares:

15

     (a)  That the inability to conduct site rehabilitation in

16

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

17

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

18

transactions or the proper completion of public works projects.

19

     (b)  While the first priority of the state is to provide for

20

protection of the water resources of the state, human health, and

21

the environment, the viability of commerce is of equal importance

22

to the state.

23

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

24

economic benefit to the state to provide an opportunity for site

25

rehabilitation to be conducted on a limited basis at contaminated

26

sites, in advance of the site's priority ranking, to facilitate

27

property transactions or public works projects.

28

     (d)  It is appropriate for persons responsible for site

29

rehabilitation to share the costs associated with managing and

30

conducting preapproved advanced cleanup, to facilitate the

31

opportunity for preapproved advanced cleanup, and to mitigate the

32

additional costs that will be incurred by the state in conducting

33

site rehabilitation in advance of the site's priority ranking.  

34

Such cost sharing will result in more contaminated sites being

35

cleaned up and greater environmental benefits to the state. The

36

provisions of this section shall only be available for sites

37

eligible for restoration funding under EDI, ATRP, or PLIRP. This

38

section is available for discharges eligible for restoration

39

funding under the petroleum cleanup participation program for the

40

state's cost share of site rehabilitation. Applications shall

41

include a cost-sharing commitment for this section in addition to

42

the 25-percent-copayment requirement of the petroleum cleanup

43

participation program. This section is not available for any

44

discharge under a petroleum cleanup participation program where

45

the 25-percent-copayment requirement of the petroleum cleanup

46

participation program has been reduced or eliminated pursuant to

47

s. 376.3071(13)(c).

48

     (2)  The department is authorized to approve an application

49

for preapproved advanced cleanup at eligible sites, prior to

50

funding based on the site's priority ranking established pursuant

51

to s. 376.3071(5)(a), in accordance with the provisions of this

52

section.  Persons who qualify as an applicant under the

53

provisions of this section shall only include the facility owner

54

or operator or the person otherwise responsible for site

55

rehabilitation.

56

     (a)  Preapproved advanced cleanup applications may be

57

submitted between May 1 and June 30 and between November 1 and

58

December 31 of each fiscal year.  Applications submitted between

59

May 1 and June 30 shall be for the fiscal year beginning July 1.

60

An application shall consist of:

61

     1.  A commitment to pay no less than 25 percent of the total

62

cleanup cost deemed recoverable under the provisions of this

63

section along with proof of the ability to pay the cost share.

64

     2.  A nonrefundable review fee of $250 to cover the

65

administrative costs associated with the department's review of

66

the application.

67

     3.  A limited contamination assessment report.

68

     4.  A proposed course of action.

69

70

The limited contamination assessment report shall be sufficient

71

to support the proposed course of action and to estimate the cost

72

of the proposed course of action.  Any costs incurred related to

73

conducting the limited contamination assessment report are not

74

refundable from the Inland Protection Trust Fund. Site

75

eligibility under this subsection, or any other provision of this

76

section, shall not constitute an entitlement to preapproved

77

advanced cleanup or continued restoration funding.  The applicant

78

shall certify to the department that the applicant has the

79

prerequisite authority to enter into a preapproved advanced

80

cleanup contract with the department.  This certification shall

81

be submitted with the application.

82

     (b)  The department shall rank the applications based on the

83

percentage of cost-sharing commitment proposed by the applicant,

84

with the highest ranking given to the applicant that proposes the

85

highest percentage of cost sharing.  If the department receives

86

applications that propose identical cost-sharing commitments and

87

which exceed the funds available to commit to all such proposals

88

during the preapproved advanced cleanup application period, the

89

department shall proceed to rerank those applicants.  Those

90

applicants submitting identical cost-sharing proposals which

91

exceed funding availability shall be so notified by the

92

department and shall be offered the opportunity to raise their

93

individual cost-share commitments, in a period of time specified

94

in the notice.  At the close of the period, the department shall

95

proceed to rerank the applications in accordance with this

96

paragraph.

97

     (3)(a)  Based on the ranking established under paragraph

98

(2)(b) and the funding limitations provided in subsection (4),

99

the department shall commence negotiation with such applicants.  

100

If the department and the applicant agree on the course of

101

action, the department may enter into a contract with the

102

applicant.  The department is authorized to negotiate the terms

103

and conditions of the contract.

104

     (b)  Preapproved advanced cleanup shall be conducted under

105

the provisions of ss. 376.3071(5)(b) and 376.30711.  If the terms

106

of the preapproved advanced cleanup contract are not fulfilled,

107

the applicant forfeits any right to future payment for any site

108

rehabilitation work conducted under the contract.

109

     (c)  The department's decision not to enter into a

110

preapproved advanced cleanup contract with the applicant shall

111

not be subject to the provisions of chapter 120.  If the

112

department is not able to complete negotiation of the course of

113

action and the terms of the contract within 60 days after

114

commencing negotiations, the department shall terminate

115

negotiations with that applicant.

116

     (4)  The department is authorized to enter into contract for

117

a total of up to $10 million of preapproved advanced cleanup work

118

in each fiscal year.  However, no facility shall be preapproved

119

for more than $500,000 of cleanup activity in each fiscal year.  

120

For the purposes of this section the term "facility" shall

121

include, but not be limited to, multiple site facilities such as

122

airports, port facilities, and terminal facilities even though

123

such enterprises may be treated as separate facilities for other

124

purposes under this chapter.

125

     (5) By December 31, 1998, the department shall submit a

126

report to the Governor, the President of the Senate, and the

127

Speaker of the House of Representatives on the progress and level

128

of activity under the provisions of this section. The report

129

shall include the following information:

130

     (a) A list of sites under a preapproved advanced cleanup

131

contract, to be identified by the facility number.

132

     (b) The total number of preapproved advanced cleanup

133

applications submitted to the department.

134

     (c) The priority ranking scores of each participating site.

135

     (d) The total amount of contract work authorized and

136

conducted for each site and the percentage and amount of cost

137

share.

138

     (e) The total revenues received under the provisions of

139

this section.

140

     (f) The annual costs of administering the provisions of

141

this section.

142

     (g) The recommended annual budget for the provisions of

143

this section.

144

     (5)(6) All funds collected by the department pursuant to

145

this section shall be deposited into the Inland Protection Trust

146

Fund to be used as provided in this section.

147

     Section 2.  This act shall take effect upon becoming a law.