Florida Senate - 2010 CS for SB 2592
By the Committee on Community Affairs; and Senator Baker
578-04907-10 20102592c1
1 A bill to be entitled
2 An act relating to petroleum contamination site
3 cleanup; amending s. 215.32, F.S.; providing that
4 unappropriated cash in the Inland Protection Trust
5 Fund is not subject to certain transfers by the
6 Legislature; amending s. 376.3071, F.S.; revising
7 provisions relating to petroleum contamination site
8 selection and cleanup criteria; deleting obsolete
9 provisions relating to funding for limited interim
10 soil-source removals; requiring the Department of
11 Environmental Protection to utilize natural
12 attenuation monitoring strategies to transition sites
13 into long-term natural attenuation monitoring under
14 specified conditions; providing for natural
15 attenuation and active remediation of sites; requiring
16 the department to evaluate certain costs and
17 strategies; prohibiting a local government from
18 denying any development permit based solely on the
19 presence of petroleum contamination for any
20 construction, repairs, or renovations performed in
21 conjunction with tank upgrade activity in an existing
22 retail fuel facility; requiring that such facility be
23 fully operational before the request for the building
24 permit; requiring that the construction, repairs, or
25 renovations be performed by a licensed contractor;
26 requiring that the construction, repairs, or
27 renovations performed in conjunction with such permit
28 comply with the applicable provisions of chs. 489 and
29 553, F.S.; providing an exception; establishing a low
30 scored site initiative; providing conditions for
31 participation; requiring the department to issue
32 certain determinations and orders; providing that
33 certain sites are eligible for payment of preapproved
34 costs; requiring assessment work to be completed
35 within a certain timeframe; providing payment and
36 funding limitations; deleting provisions relating to
37 nonreimbursable voluntary cleanup; providing an
38 effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Paragraph (b) of subsection (2) of section
43 215.32, Florida Statutes, is amended to read:
44 215.32 State funds; segregation.—
45 (2) The source and use of each of these funds shall be as
46 follows:
47 (b)
48 1. The trust funds shall consist of moneys received by the
49 state which under law or under trust agreement are segregated
50 for a purpose authorized by law. The state agency or branch of
51 state government receiving or collecting such moneys is shall be
52 responsible for their proper expenditure as provided by law.
53 Upon the request of the state agency or branch of state
54 government responsible for the administration of the trust fund,
55 the Chief Financial Officer may establish accounts within the
56 trust fund at a level considered necessary for proper
57 accountability. Once an account is established within a trust
58 fund, the Chief Financial Officer may authorize payment from
59 that account only upon determining that there is sufficient cash
60 and releases at the level of the account.
61 2. In addition to other trust funds created by law, to the
62 extent possible, each agency shall use the following trust funds
63 as described in this subparagraph for day-to-day operations:
64 a. Operations or operating trust fund, for use as a
65 depository for funds to be used for program operations funded by
66 program revenues, with the exception of administrative
67 activities when the operations or operating trust fund is a
68 proprietary fund.
69 b. Operations and maintenance trust fund, for use as a
70 depository for client services funded by third-party payors.
71 c. Administrative trust fund, for use as a depository for
72 funds to be used for management activities that are departmental
73 in nature and funded by indirect cost earnings and assessments
74 against trust funds. Proprietary funds are excluded from the
75 requirement of using an administrative trust fund.
76 d. Grants and donations trust fund, for use as a depository
77 for funds to be used for allowable grant or donor agreement
78 activities funded by restricted contractual revenue from private
79 and public nonfederal sources.
80 e. Agency working capital trust fund, for use as a
81 depository for funds to be used pursuant to s. 216.272.
82 f. Clearing funds trust fund, for use as a depository for
83 funds to account for collections pending distribution to lawful
84 recipients.
85 g. Federal grant trust fund, for use as a depository for
86 funds to be used for allowable grant activities funded by
87 restricted program revenues from federal sources.
88
89 To the extent possible, each agency must adjust its internal
90 accounting to use existing trust funds consistent with the
91 requirements of this subparagraph. If an agency does not have
92 trust funds listed in this subparagraph and cannot make such
93 adjustment, the agency must recommend the creation of the
94 necessary trust funds to the Legislature by no later than the
95 next scheduled review of the agency’s trust funds pursuant to s.
96 215.3206.
97 3. All such moneys are hereby appropriated to be expended
98 in accordance with the law or trust agreement under which they
99 were received, subject always to the provisions of chapter 216
100 relating to the appropriation of funds and to the applicable
101 laws relating to the deposit or expenditure of moneys in the
102 State Treasury.
103 4.a. Notwithstanding any provision of law restricting the
104 use of trust funds to specific purposes, unappropriated cash
105 balances from selected trust funds may be authorized by the
106 Legislature for transfer to the Budget Stabilization Fund and
107 General Revenue Fund in the General Appropriations Act.
108 b. This subparagraph does not apply to trust funds required
109 by federal programs or mandates; trust funds established for
110 bond covenants, indentures, or resolutions whose revenues are
111 legally pledged by the state or public body to meet debt service
112 or other financial requirements of any debt obligations of the
113 state or any public body; the Inland Protection Trust Fund; the
114 State Transportation Trust Fund; the trust fund containing the
115 net annual proceeds from the Florida Education Lotteries; the
116 Florida Retirement System Trust Fund; trust funds under the
117 management of the State Board of Education or the Board of
118 Governors of the State University System if, where such trust
119 funds are for auxiliary enterprises, self-insurance, and
120 contracts, grants, and donations, as those terms are defined by
121 general law; trust funds that serve as clearing funds or
122 accounts for the Chief Financial Officer or state agencies;
123 trust funds that account for assets held by the state in a
124 trustee capacity as an agent or fiduciary for individuals,
125 private organizations, or other governmental units; and other
126 trust funds authorized by the State Constitution.
127 Section 2. Paragraph (c) of subsection (5) and paragraph
128 (b) of subsection (11) of section 376.3071, Florida Statutes,
129 are amended to read:
130 376.3071 Inland Protection Trust Fund; creation; purposes;
131 funding.—
132 (5) SITE SELECTION AND CLEANUP CRITERIA.—
133 (c) The department shall require source removal, if
134 warranted and cost-effective, at each site eligible for
135 restoration funding from the Inland Protection Trust Fund.
136 1. Funding for free product recovery may be provided in
137 advance of the order established by the priority ranking system
138 under paragraph (a) for site cleanup activities. However, a
139 separate prioritization for free product recovery shall be
140 established consistent with paragraph (a). No more than $5
141 million shall be encumbered from the Inland Protection Trust
142 Fund in any fiscal year for free product recovery conducted in
143 advance of the priority order under paragraph (a) established
144 for site cleanup activities.
145 2. Funding for limited interim soil-source removals for
146 sites that will become inaccessible for future remediation due
147 to road infrastructure and right-of-way restrictions resulting
148 from a pending Department of Transportation road construction
149 project or for secondary containment upgrading of underground
150 storage tanks required under chapter 62-761, Florida
151 Administrative Code, may be provided in advance of the order
152 established by the priority ranking system under paragraph (a)
153 for site cleanup activities. The department shall provide
154 written guidance on the limited source removal information and
155 technical evaluation necessary to justify a request for a
156 limited source removal in advance of the priority order pursuant
157 to paragraph (a) established for site cleanup activities.
158 Prioritization for limited source removal projects associated
159 with a secondary containment upgrade in any fiscal year shall be
160 determined on a first-come, first-served basis according to the
161 approval date issued under s. 376.30711 for the limited source
162 removal. Funding for limited source removals associated with
163 secondary containment upgrades shall be limited to 10 sites in
164 each fiscal year for each facility owner and any related person.
165 The limited source removal for secondary containment upgrades
166 shall be completed no later than 6 months after the department
167 issues its approval of the project, and the approval
168 automatically expires at the end of the 6 months. Funding for
169 Department of Transportation and secondary containment upgrade
170 source removals may not exceed $50,000 for a single facility
171 unless the department makes a determination that it is cost
172 effective and environmentally beneficial to exceed this amount,
173 but in no event shall the department authorize costs in excess
174 of $100,000 for a single facility. Department funding for
175 limited interim soil-source removals associated with Department
176 of Transportation projects and secondary containment upgrades
177 shall be limited to supplemental soil assessment, soil
178 screening, soil removal, backfill material, treatment or
179 disposal of the contaminated soil, dewatering related to the
180 contaminated soil removal in an amount of up to 10 percent of
181 the total interim soil-source removal project costs, treatment,
182 and disposal of the contaminated groundwater and preparation of
183 the source removal report. No other costs associated with the
184 facility upgrade may be paid with department funds. No more than
185 $1 million for Department of Transportation limited source
186 removal projects and $10 million for secondary containment
187 upgrade limited source removal projects conducted in advance of
188 the priority order established under paragraph (a) for site
189 cleanup activities shall be encumbered from the Inland
190 Protection Trust Fund in any fiscal year. This subparagraph is
191 repealed effective June 30, 2010.
192 2.3. Once free product removal and other source removal
193 identified in this paragraph are completed at a site, and
194 notwithstanding the order established by the priority ranking
195 system under paragraph (a) for site cleanup activities, the
196 department may reevaluate the site to determine the degree of
197 active cleanup needed to continue site rehabilitation. Further,
198 the department shall determine if the reevaluated site qualifies
199 for natural attenuation monitoring, long-term natural
200 attenuation monitoring, or no further action. If additional site
201 rehabilitation is necessary to reach no further action status,
202 the site rehabilitation shall be conducted in the order
203 established by the priority ranking system under paragraph (a).
204 and The department shall is encouraged to utilize natural
205 attenuation and monitoring strategies and, when cost-effective,
206 transition sites eligible for restoration funding assistance to
207 long-term natural attenuation monitoring where the plume is
208 shrinking or stable and confined to the source property
209 boundaries and the petroleum products’ chemicals of concern meet
210 the natural attenuation default concentrations, as defined by
211 department rule. If the plume migrates beyond the source
212 property boundaries, natural attenuation monitoring may be
213 conducted in accordance with department rule, or if the site no
214 longer qualifies for natural attenuation monitoring, active
215 remediation may be resumed. If the petroleum products’ chemicals
216 of concern increase or are not significantly reduced after 42
217 months of monitoring, active remediation shall be resumed as
218 necessary. For sites undergoing active remediation, the
219 department shall evaluate the cost of natural attenuation
220 monitoring pursuant to s. 376.30711 to ensure that site
221 mobilizations are performed in a cost-effective manner. Sites
222 that are not eligible for state restoration funding may
223 transition to long-term natural attenuation monitoring using the
224 criteria in this subparagraph. Nothing in this subparagraph
225 precludes a site from pursuing a “No Further Action” order with
226 conditions where site conditions warrant.
227 3. The department shall evaluate whether higher natural
228 attenuation default concentrations for natural attenuation
229 monitoring or long-term natural attenuation monitoring are cost
230 effective and would adequately protect public health and the
231 environment. The department shall also evaluate site-specific
232 characteristics that would allow for higher natural attenuation
233 or long-term natural attenuation concentration levels.
234 4. A local government may not deny a building permit based
235 solely on the presence of petroleum contamination for any
236 construction, repairs, or renovations performed in conjunction
237 with tank upgrade activity in an existing retail fuel facility.
238 Such facility must have been fully operational prior to the
239 request for the building permit and any construction, repairs,
240 or renovations must be performed by a licensed contractor. All
241 building permits and any construction, repairs, or renovations
242 performed in conjunction with such permits must comply with the
243 applicable provisions of chapters 489 and 553.
244 (11)
245 (b) Low-scored site initiative Nonreimbursable voluntary
246 cleanup.—Notwithstanding s. 376.30711, any site For sites with
247 releases reported prior to January 1, 1995, the department shall
248 issue a determination of “No Further Action” at sites ranked
249 with a total priority ranking score of 10 points or less may
250 voluntarily participate in the low-scored site initiative,
251 whether or not the site is eligible for state restoration
252 funding.
253 1. To participate in the low-scored site initiative, the
254 responsible party or property owner must affirmatively
255 demonstrate that, which meet the following conditions are met:
256 a.1. Upon reassessment pursuant to department rule, the
257 site retains a priority ranking score of 10 points or less No
258 free product exists in wells, boreholes, subsurface utility
259 conduits, or vaults or buildings and no other fire or explosion
260 hazard exists as a result of a release of petroleum products.
261 b.2. No excessively contaminated soil, as defined by
262 department rule, exists onsite as a result of a release of
263 petroleum products.
264 c.3. A minimum of 6 months of groundwater monitoring
265 indicates that the plume is shrinking or stable Public supply
266 wells for consumptive use of water expected to be affected by
267 the site shall not be located within a 1/2-mile radius of the
268 site; private supply wells for consumptive use of water expected
269 to be affected by the site shall not be located within a 1/4
270 mile radius of the site; and there must be no current or
271 projected consumptive use of the water affected by the site for
272 at least the following 3 years. Where appropriate, institutional
273 controls meeting the requirements of subparagraph (5)(b)4. may
274 be required by the department to meet these criteria.
275 d.4. The release of petroleum products at the site does
276 shall not adversely affect adjacent surface waters, including
277 their effects on human health and the environment.
278 e.5. The area of groundwater containing the petroleum
279 products’ chemicals of concern in concentrations greater than
280 the boundary values defined in subparagraph 7. is less than one
281 quarter acre and is confined to the source property boundaries
282 of the real property on which the discharge originated.
283 f.6. Soils onsite that are subject to human exposure found
284 between land surface and 2 feet below land surface shall meet
285 the soil cleanup target levels criteria established by
286 department rule or human exposure is limited by pursuant to sub
287 subparagraph (5)(b)9.a. Where appropriate, institutional or
288 engineering controls meeting the requirements of subparagraph
289 (5)(b)4. may be required by the department to meet these
290 criteria.
291 2. Upon affirmative demonstration of the conditions under
292 subparagraph 1., the department shall issue a determination of
293 “No Further Action.” Such determination acknowledges that
294 minimal contamination exists onsite and that such contamination
295 is not a threat to human health or the environment. If no
296 contamination is detected, the department may issue a site
297 rehabilitation completion order.
298 3. Sites that are eligible for state restoration funding
299 may receive payment of preapproved costs for the low-scored site
300 initiative as follows:
301 a. A responsible party or property owner may submit an
302 assessment plan designed to affirmatively demonstrate that the
303 site meets the conditions under subparagraph 1. Notwithstanding
304 the priority ranking score of the site, the department may
305 preapprove the cost of the assessment pursuant to s. 376.30711,
306 including 6 months of groundwater monitoring, not to exceed
307 $30,000 for each site. The department may not pay the costs
308 associated with the establishment of institutional or
309 engineering controls.
310 b. The assessment work shall be completed no later than 6
311 months after the department issues its approval.
312 c. No more than $10 million for the low-scored site
313 initiative shall be encumbered from the Inland Protection Trust
314 Fund in any fiscal year. Funds shall be made available on a
315 first-come, first-served basis and shall be limited to 10 sites
316 in each fiscal year for each responsible party or property
317 owner.
318 7. Concentrations of the petroleum products’ chemicals of
319 concern in groundwater at the property boundary of the real
320 property on which the petroleum contamination originates shall
321 not exceed the criteria established pursuant to sub-subparagraph
322 (5)(b)7.a. Where appropriate, institutional or engineering
323 controls meeting the requirements of subparagraph (5)(b)4. may
324 be required by the department to meet these criteria.
325 8. The department is authorized to establish alternate
326 cleanup target levels for onsite nonboundary wells pursuant to
327 the criteria in subparagraph (5)(b)8.
328 9. A scientific evaluation that demonstrates that the
329 boundary criteria in subparagraph 7. will not be exceeded and a
330 1-year site-specific groundwater monitoring plan approved in
331 advance by the department validates the scientific evaluation.
332 If the boundary criteria in subparagraph 7. are exceeded at any
333 time, the department may order an extension of the monitoring
334 period for up to 12 additional months from the time of the
335 excess reading. The department shall determine the adequacy of
336 the groundwater monitoring system at a site. All wells required
337 by the department pursuant to this paragraph shall be installed
338 before the monitoring period begins.
339 10. Costs associated with activities performed pursuant to
340 this paragraph for sites which qualify for a determination of
341 “No Further Action” under this paragraph shall not be
342 reimbursable from the Inland Protection Trust Fund.
343 Section 3. This act shall take effect July 1, 2010.