Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 100
Ì2227287Î222728
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/03/2016 .
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The Committee on Appropriations (Hukill) recommended the
following:
1 Senate Amendment to Amendment (334112)
2
3 Delete lines 331 - 610
4 and insert:
5 remediation, including up to 12 6 months of groundwater
6 monitoring and 12 months of limited remediation activities in
7 one or more task assignments or modifications thereof, not to
8 exceed the threshold amount provided in s. 287.017 for CATEGORY
9 TWO, $30,000 for each site where the department has determined
10 that the assessment and limited remediation, if applicable, will
11 likely result in a determination of “No Further Action.”. The
12 department may not pay the costs associated with the
13 establishment of institutional or engineering controls other
14 than the costs associated with a professional land survey or a
15 specific purpose survey, if such is needed, and the costs
16 associated with obtaining a title report and paying recording
17 fees.
18 b. After the approval of initial site assessment results
19 provided pursuant to state funding under sub-subparagraph a.,
20 the department may approve an additional amount not to exceed
21 the threshold amount provided in s. 287.017 for CATEGORY TWO for
22 limited remediation needed to achieve a determination of “No
23 Further Action.”
24 c.b. The assessment and limited remediation work shall be
25 completed no later than 15 6 months after the department
26 authorizes the start of a state-funded, low-score site
27 initiative task. If groundwater monitoring is required after the
28 assessment and limited remediation in order to satisfy the
29 conditions under subparagraph 4., the department may authorize
30 an additional 12 months to complete the monitoring issues its
31 approval.
32 d.c. No more than $15 $10 million for the low-scored site
33 initiative may be encumbered from the fund in any fiscal year.
34 Funds shall be made available on a first-come, first-served
35 basis and shall be limited to 10 sites in each fiscal year for
36 each responsible party or property owner or each responsible
37 party who provides evidence of authorization from the property
38 owner.
39 e.d. Program deductibles, copayments, and the limited
40 contamination assessment report requirements under paragraph
41 (13)(d) (13)(c) do not apply to expenditures under this
42 paragraph.
43 4. The department shall issue an order incorporating the
44 “No Further Action” proposal submitted by a property owner or a
45 responsible party who provides evidence of authorization from
46 the property owner upon affirmative demonstration that all of
47 the following conditions are met:
48 a. Soil saturated with petroleum or petroleum products, or
49 soil that causes a total corrected hydrocarbon measurement of
50 500 parts per million or higher for the Gasoline Analytical
51 Group or 50 parts per million or higher for the Kerosene
52 Analytical Group, as defined by department rule, does not exist
53 onsite as a result of a release of petroleum products.
54 b. A minimum of 12 months of groundwater monitoring
55 indicates that the plume is shrinking or stable.
56 c. The release of petroleum products at the site does not
57 adversely affect adjacent surface waters, including their
58 effects on human health and the environment.
59 d. The area containing the petroleum products’ chemicals of
60 concern:
61 (I) Is confined to the source property boundaries of the
62 real property on which the discharge originated; or
63 (II) Has migrated from the source property onto or beneath
64 a transportation facility as defined s. 334.03(30) for which the
65 department has approved, and governmental entity owning the
66 transportation facility has agreed to institutional controls as
67 defined in s. 376.301(21). This sub-sub-subparagraph does not,
68 however, impose any legal liability on the transportation
69 facility owner, obligate such owner to engage in remediation, or
70 waive such owner’s right to recover costs for damages.
71 e. The groundwater contamination containing the petroleum
72 products’ chemicals of concern is not a threat to any permitted
73 potable water supply well.
74 f. Soils onsite found between land surface and 2 feet below
75 land surface which are subject to human exposure meet the soil
76 cleanup target levels established in subparagraph (5)(b)9., or
77 human exposure is limited by appropriate institutional or
78 engineering controls.
79
80 Issuance of a site rehabilitation completion order under this
81 paragraph acknowledges that minimal contamination exists onsite
82 and that such contamination is not a threat to the public
83 health, safety, or welfare; water resources; or the environment.
84 Pursuant to subsection (4), the issuance of the site
85 rehabilitation completion order, with or without conditions,
86 does not alter eligibility for state-funded rehabilitation that
87 would otherwise be applicable under this section.
88 (13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
89 detection, reporting, and cleanup of contamination caused by
90 discharges of petroleum or petroleum products, the department
91 shall, within the guidelines established in this subsection,
92 implement a cost-sharing cleanup program to provide
93 rehabilitation funding assistance for all property contaminated
94 by discharges of petroleum or petroleum products from a
95 petroleum storage system occurring before January 1, 1995,
96 subject to a copayment provided for in a Petroleum Cleanup
97 Participation Program site rehabilitation agreement. Eligibility
98 is subject to an annual appropriation from the fund.
99 Additionally, funding for eligible sites is contingent upon
100 annual appropriation in subsequent years. Such continued state
101 funding is not an entitlement or a vested right under this
102 subsection. Eligibility shall be determined in the program,
103 notwithstanding any other provision of law, consent order,
104 order, judgment, or ordinance to the contrary.
105 (a)1. The department shall accept any discharge reporting
106 form received before January 1, 1995, as an application for this
107 program, and the facility owner or operator need not reapply.
108 2. Regardless of whether ownership has changed, owners or
109 operators of property that is contaminated by petroleum or
110 petroleum products from a petroleum storage system may apply for
111 such program by filing a written report of the contamination
112 incident, including evidence that such incident occurred before
113 January 1, 1995, with the department. Incidents of petroleum
114 contamination discovered after December 31, 1994, at sites which
115 have not stored petroleum or petroleum products for consumption,
116 use, or sale after such date shall be presumed to have occurred
117 before January 1, 1995. An operator’s filed report shall be an
118 application of the owner for all purposes. Sites reported to the
119 department after December 31, 1998, are not eligible for the
120 program.
121 (b) Subject to annual appropriation from the fund, sites
122 meeting the criteria of this subsection are eligible for up to
123 $400,000 of site rehabilitation funding assistance in priority
124 order pursuant to subsections (5) and (6). Sites meeting the
125 criteria of this subsection for which a site rehabilitation
126 completion order was issued before June 1, 2008, do not qualify
127 for the 2008 increase in site rehabilitation funding assistance
128 and are bound by the pre-June 1, 2008, limits. Sites meeting the
129 criteria of this subsection for which a site rehabilitation
130 completion order was not issued before June 1, 2008, regardless
131 of whether they have previously transitioned to nonstate-funded
132 cleanup status, may continue state-funded cleanup pursuant to
133 this section until a site rehabilitation completion order is
134 issued or the increased site rehabilitation funding assistance
135 limit is reached, whichever occurs first. The department may not
136 pay expenses incurred beyond the scope of an approved contract.
137 (c) The department may also approve supplemental funding of
138 up to $100,000 for additional remediation and monitoring if such
139 remediation and monitoring is necessary to achieve a
140 determination of “No Further Action.”
141 (d) Upon notification by the department that rehabilitation
142 funding assistance is available for the site pursuant to
143 subsections (5) and (6), the property owner, operator, or person
144 otherwise responsible for site rehabilitation shall provide the
145 department with a limited contamination assessment report and
146 shall enter into a Petroleum Cleanup Participation Program site
147 rehabilitation agreement with the department. The agreement must
148 provide for a 25-percent copayment by the owner, operator, or
149 person otherwise responsible for conducting site rehabilitation.
150 The owner, operator, or person otherwise responsible for
151 conducting site rehabilitation shall adequately demonstrate the
152 ability to meet the copayment obligation. The limited
153 contamination assessment report and the copayment costs may be
154 reduced or eliminated if the owner and all operators responsible
155 for restoration under s. 376.308 demonstrate that they cannot
156 financially comply with the copayment and limited contamination
157 assessment report requirements. The department shall take into
158 consideration the owner’s and operator’s net worth in making the
159 determination of financial ability. In the event the department
160 and the owner, operator, or person otherwise responsible for
161 site rehabilitation cannot complete negotiation of the cost
162 sharing agreement within 120 days after beginning negotiations,
163 the department shall terminate negotiations and the site shall
164 be ineligible for state funding under this subsection and all
165 liability protections provided for in this subsection shall be
166 revoked.
167 (e)(d) A report of a discharge made to the department by a
168 person pursuant to this subsection or any rules adopted pursuant
169 to this subsection may not be used directly as evidence of
170 liability for such discharge in any civil or criminal trial
171 arising out of the discharge.
172 (f)(e) This subsection does not preclude the department
173 from pursuing penalties under s. 403.141 for violations of any
174 law or any rule, order, permit, registration, or certification
175 adopted or issued by the department pursuant to its lawful
176 authority.
177 (g)(f) Upon the filing of a discharge reporting form under
178 paragraph (a), the department or local government may not pursue
179 any judicial or enforcement action to compel rehabilitation of
180 the discharge. This paragraph does not prevent any such action
181 with respect to discharges determined ineligible under this
182 subsection or to sites for which rehabilitation funding
183 assistance is available pursuant to subsections (5) and (6).
184 (h)(g) The following are excluded from participation in the
185 program:
186 1. Sites at which the department has been denied reasonable
187 site access to implement this section.
188 2. Sites that were active facilities when owned or operated
189 by the Federal Government.
190 3. Sites that are identified by the United States
191 Environmental Protection Agency to be on, or which qualify for
192 listing on, the National Priorities List under Superfund. This
193 exception does not apply to those sites for which eligibility
194 has been requested or granted as of the effective date of this
195 act under the Early Detection Incentive Program established
196 pursuant to s. 15, chapter 86-159, Laws of Florida.
197 4. Sites for which contamination is covered under the Early
198 Detection Incentive Program, the Abandoned Tank Restoration
199 Program, or the Petroleum Liability and Restoration Insurance
200 Program, in which case site rehabilitation funding assistance
201 shall continue under the respective program.
202 Section 3. Paragraph (d) of subsection (1), paragraph (a)
203 of subsection (2), and subsection (4) of section 376.30713,
204 Florida Statutes, are amended to read:
205 376.30713 Advanced cleanup.—
206 (1) In addition to the legislative findings provided in s.
207 376.3071, the Legislature finds and declares:
208 (d) It is appropriate for a person who is responsible for
209 site rehabilitation to share the costs associated with managing
210 and conducting advanced cleanup, to facilitate the opportunity
211 for advanced cleanup, and to mitigate the additional costs that
212 will be incurred by the state in conducting site rehabilitation
213 in advance of the site’s priority ranking. Such cost sharing
214 will result in more contaminated sites being cleaned up and
215 greater environmental benefits to the state. This section is
216 only available for sites eligible for restoration funding under
217 EDI, ATRP, or PLRIP. This section is available for discharges
218 eligible for restoration funding under the petroleum cleanup
219 participation program for the state’s cost share of site
220 rehabilitation. Applications must include a cost-sharing
221 commitment for this section in addition to the 25-percent
222 copayment requirement of the petroleum cleanup participation
223 program. This section is not available for any discharge under a
224 petroleum cleanup participation program where the 25-percent
225 copayment requirement of the petroleum cleanup participation
226 program has been reduced or eliminated pursuant to s.
227 376.3071(13)(d) s. 376.3071(13)(c).
228 (2) The department may approve an application for advanced
229 cleanup at eligible sites, notwithstanding before funding based
230 on the site’s priority ranking established pursuant to s.
231 376.3071(5)(a), pursuant to this section. Only the facility
232 owner or operator or the person otherwise responsible for site
233 rehabilitation qualifies as an applicant under this section.
234 (a) Advanced cleanup applications may be submitted between
235 May 1 and June 30 and between November 1 and December 31 of each
236 fiscal year. Applications submitted between May 1 and June 30
237 shall be for the fiscal year beginning July 1. An application
238 must consist of:
239 1. A commitment to pay 25 percent or more of the total
240 cleanup cost deemed recoverable under this section along with
241 proof of the ability to pay the cost share. The department shall
242 determine whether the cost savings demonstration is acceptable.
243 Such determination is not subject to chapter 120.
244 a. Applications for the aggregate cleanup of 5 or more
245 sites may be submitted in one of two formats to meet the cost
246 share requirement:
247 (I) For an aggregate application proposing that the
248 department enter into a performance-based contract for the
249 cleanup of 20 or more sites may use a commitment to pay, a
250 demonstrated cost savings to the department, or both to meet the
251 cost-share requirement.
252 (II) For an aggregate application relying on a demonstrated
253 cost savings to the department, the applicant shall, in
254 conjunction with the proposed agency term contractor, establish
255 and provide in the application the percentage of cost savings in
256 the aggregate that is being provided to the department for
257 cleanup of the sites under the application compared to the cost
258 of cleanup of those same sites using the current rates provided
259 to the department by the proposed agency term contractor. The
260 department shall determine whether the cost savings
261 demonstration is acceptable. Such determination is not subject
262 to chapter 120.
263 b. Applications for the cleanup of individual sites may be
264 submitted in one of two formats to meet the cost-share
265 requirement:
266 (I) For an individual application proposing that the
267 department enter into a performance-based contract may use a
268 commitment to pay, a demonstrated cost savings to the
269 department, or both to meet the requirement.
270 (II) For an individual application relying on a
271 demonstrated cost savings to the department, the applicant
272 shall, in conjunction with the proposed agency term contractor,
273 establish and provide in the application a 25-percent cost
274 savings to the department for cleanup of the site under the
275 application compared to the cost of cleanup of the same site
276 using the current rates provided to the department by the
277 proposed agency term contractor.
278 2. A nonrefundable review fee of $250 to cover the
279 administrative costs associated with the department’s review of
280 the application.
281 3. A limited contamination assessment report.
282 4. A proposed course of action.
283 5. A department site access agreement, or similar
284 agreements approved by the department that do not violate state
285 law, entered into with the property owner or owners, as
286 applicable, and evidence of authorization from such