ENROLLED
       2016 Legislature                    CS for SB 100, 2nd Engrossed
       
       
       
       
       
       
                                                              2016100er
    1  
    2         An act relating to pollution discharge removal and
    3         prevention; amending s. 376.301, F.S.; defining the
    4         terms “background concentration” and “long-term
    5         natural attenuation”; amending s. 376.30701, F.S.;
    6         exempting nonprogram petroleum-contaminated sites from
    7         the application of risk-based corrective action
    8         principles under certain circumstances; requiring the
    9         Department of Environmental Protection to include
   10         protocols for the use of long-term natural attenuation
   11         where site conditions warrant; requiring specified
   12         interactive effects of contaminants to be considered
   13         as cleanup criteria; revising how cleanup target
   14         levels are applied where surface waters are exposed to
   15         contaminated groundwater; authorizing the use of
   16         relevant data and information when assessing cleanup
   17         target levels; providing that institutional controls
   18         are not required under certain circumstances if
   19         alternative cleanup target levels are used; amending
   20         s. 376.79, F.S.; defining the terms “background
   21         concentration” and “long-term natural attenuation”;
   22         amending s. 376.81, F.S.; providing additional
   23         contamination cleanup criteria for brownfield sites
   24         and brownfield areas; amending ss. 196.1995, 287.0595,
   25         and 288.1175, F.S.; conforming cross-references;
   26         amending s. 376.305, F.S.; revising the eligibility
   27         requirements of the Abandoned Tank Restoration
   28         Program; deleting provisions prohibiting the relief of
   29         liability for persons who acquired title after a
   30         certain date; amending s. 376.3071, F.S.; revising
   31         legislative intent and purpose; deleting an expiration
   32         date; revising the criteria for determining what
   33         constitutes certain rehabilitation program tasks;
   34         revising the conditions for eligibility and methods
   35         for payment of costs for the low-scored site
   36         initiative; revising the eligibility requirements for
   37         receiving rehabilitation funding; specifying that the
   38         issuance of a site rehabilitation completion order
   39         does not alter eligibility for state-funded
   40         remediation under certain circumstances; clarifying
   41         that a change in ownership does not preclude a site
   42         from entering into the program; providing additional
   43         funding for remediation and monitoring under certain
   44         circumstances; amending s. 376.30713, F.S.; revising
   45         advanced cleanup application requirements; increasing
   46         the total amount for which the department may contract
   47         for advanced cleanup work in a fiscal year;
   48         authorizing property owners and responsible parties to
   49         enter into voluntary cost-share agreements under
   50         certain circumstances; providing an effective date.
   51          
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Present subsections (4) through (22) of section
   55  376.301, Florida Statutes, are redesignated as subsections (5)
   56  through (23), respectively, present subsections (23) through
   57  (48) of that section are redesignated as subsections (25)
   58  through (50), respectively, and new subsections (4) and (24) are
   59  added to that section, to read:
   60         376.301 Definitions of terms used in ss. 376.30-376.317,
   61  376.70, and 376.75.—When used in ss. 376.30-376.317, 376.70, and
   62  376.75, unless the context clearly requires otherwise, the term:
   63         (4) “Background concentration” means the concentration of
   64  contaminants naturally occurring or resulting from anthropogenic
   65  impacts unrelated to the discharge of pollutants or hazardous
   66  substances at a contaminated site undergoing site
   67  rehabilitation.
   68         (24) “Long-term natural attenuation” means natural
   69  attenuation approved by the department as a site rehabilitation
   70  program task for a period of more than 5 years.
   71         Section 2. Paragraph (b) of subsection (1) and subsection
   72  (2) of section 376.30701, Florida Statutes, are amended to read:
   73         376.30701 Application of risk-based corrective action
   74  principles to contaminated sites; applicability; legislative
   75  intent; rulemaking authority; contamination cleanup criteria;
   76  limitations; reopeners.—
   77         (1) APPLICABILITY.—
   78         (b) This section shall apply to all contaminated sites
   79  resulting from a discharge of pollutants or hazardous substances
   80  where legal responsibility for site rehabilitation exists
   81  pursuant to other provisions of this chapter or chapter 403,
   82  except for those contaminated sites subject to the risk-based
   83  corrective action cleanup criteria established for the
   84  petroleum, brownfields, and drycleaning programs pursuant to ss.
   85  376.3071, 376.81, and 376.3078, respectively. This section does
   86  not apply to nonprogram petroleum-contaminated sites unless
   87  application of this section is requested by the person
   88  responsible for site rehabilitation.
   89         (2) INTENT; RULEMAKING AUTHORITY; CLEANUP CRITERIA.—It is
   90  the intent of the Legislature to protect the health of all
   91  people under actual circumstances of exposure. By July 1, 2004,
   92  the secretary of the department shall establish criteria by rule
   93  for the purpose of determining, on a site-specific basis, the
   94  rehabilitation program tasks that comprise a site rehabilitation
   95  program, including a voluntary site rehabilitation program, and
   96  the level at which a rehabilitation program task and a site
   97  rehabilitation program may be deemed completed. In establishing
   98  these rules, the department shall apply, to the maximum extent
   99  feasible, a risk-based corrective action process to achieve
  100  protection of human health and safety and the environment in a
  101  cost-effective manner based on the principles set forth in this
  102  subsection. These rules shall prescribe a phased risk-based
  103  corrective action process that is iterative and that tailors
  104  site rehabilitation tasks to site-specific conditions and risks.
  105  The department and the person responsible for site
  106  rehabilitation are encouraged to establish decision points at
  107  which risk management decisions will be made. The department
  108  shall provide an early decision, when requested, regarding
  109  applicable exposure factors and a risk management approach based
  110  on the current and future land use at the site. These rules must
  111  shall also include protocols for the use of natural attenuation,
  112  including long-term natural attenuation where site conditions
  113  warrant, the use of institutional and engineering controls, and
  114  the issuance of “No Further Action” orders. The criteria for
  115  determining what constitutes a rehabilitation program task or
  116  completion of a site rehabilitation program task or site
  117  rehabilitation program, including a voluntary site
  118  rehabilitation program, must:
  119         (a) Consider the current exposure and potential risk of
  120  exposure to humans and the environment, including multiple
  121  pathways of exposure. The physical, chemical, and biological
  122  characteristics of each contaminant must be considered in order
  123  to determine the feasibility of a risk-based corrective action
  124  assessment.
  125         (b) Establish the point of compliance at the source of the
  126  contamination. However, the department may is authorized to
  127  temporarily move the point of compliance to the boundary of the
  128  property, or to the edge of the plume when the plume is within
  129  the property boundary, while cleanup, including cleanup through
  130  natural attenuation processes in conjunction with appropriate
  131  monitoring, is proceeding. The department may also is
  132  authorized, pursuant to criteria provided in this section, to
  133  temporarily extend the point of compliance beyond the property
  134  boundary with appropriate monitoring, if such extension is
  135  needed to facilitate natural attenuation or to address the
  136  current conditions of the plume, provided human health, public
  137  safety, and the environment are protected. When temporarily
  138  extending the point of compliance beyond the property boundary,
  139  it cannot be extended further than the lateral extent of the
  140  plume, if known, at the time of execution of a cleanup
  141  agreement, if required, or the lateral extent of the plume as
  142  defined at the time of site assessment. Temporary extension of
  143  the point of compliance beyond the property boundary, as
  144  provided in this paragraph, must include actual notice by the
  145  person responsible for site rehabilitation to local governments
  146  and the owners of any property into which the point of
  147  compliance is allowed to extend and constructive notice to
  148  residents and business tenants of the property into which the
  149  point of compliance is allowed to extend. Persons receiving
  150  notice pursuant to this paragraph shall have the opportunity to
  151  comment within 30 days after receipt of the notice. Additional
  152  notice concerning the status of natural attenuation processes
  153  shall be similarly provided to persons receiving notice pursuant
  154  to this paragraph every 5 years.
  155         (c) Ensure that the site-specific cleanup goal is that all
  156  contaminated sites being cleaned up pursuant to this section
  157  ultimately achieve the applicable cleanup target levels provided
  158  in this subsection. In the circumstances provided in this
  159  subsection, and after constructive notice and opportunity to
  160  comment within 30 days after receipt of the notice to local
  161  government, owners of any property into which the point of
  162  compliance is allowed to extend, and residents of any property
  163  into which the point of compliance is allowed to extend, the
  164  department may allow concentrations of contaminants to
  165  temporarily exceed the applicable cleanup target levels while
  166  cleanup, including cleanup through natural attenuation processes
  167  in conjunction with appropriate monitoring, is proceeding, if
  168  human health, public safety, and the environment are protected.
  169         (d) Allow the use of institutional or engineering controls
  170  at contaminated sites being cleaned up pursuant to this section,
  171  where appropriate, to eliminate or control the potential
  172  exposure to contaminants of humans or the environment. The use
  173  of controls must be preapproved by the department and only after
  174  constructive notice and opportunity to comment within 30 days
  175  after receipt of notice is provided to local governments, owners
  176  of any property into which the point of compliance is allowed to
  177  extend, and residents on any property into which the point of
  178  compliance is allowed to extend. When institutional or
  179  engineering controls are implemented to control exposure, the
  180  removal of the controls must have prior department approval and
  181  must be accompanied by the resumption of active cleanup, or
  182  other approved controls, unless cleanup target levels under this
  183  section have been achieved.
  184         (e) Consider the interactive additive effects of
  185  contaminants, including additive, synergistic, and antagonistic
  186  effects. The synergistic and antagonistic effects shall also be
  187  considered when the scientific data become available.
  188         (f) Take into consideration individual site
  189  characteristics, which shall include, but not be limited to, the
  190  current and projected use of the affected groundwater and
  191  surface water in the vicinity of the site, current and projected
  192  land uses of the area affected by the contamination, the exposed
  193  population, the degree and extent of contamination, the rate of
  194  contaminant migration, the apparent or potential rate of
  195  contaminant degradation through natural attenuation processes,
  196  the location of the plume, and the potential for further
  197  migration in relation to site property boundaries.
  198         (g) Apply state water quality standards as follows:
  199         1. Cleanup target levels for each contaminant found in
  200  groundwater shall be the applicable state water quality
  201  standards. Where such standards do not exist, the cleanup target
  202  levels for groundwater shall be based on the minimum criteria
  203  specified in department rule. The department shall apply the
  204  following, as appropriate, in establishing the applicable
  205  cleanup target levels: calculations using a lifetime cancer risk
  206  level of 1.0E-6; a hazard index of 1 or less; the best
  207  achievable detection limit; and nuisance, organoleptic, and
  208  aesthetic considerations. However, the department may shall not
  209  require site rehabilitation to achieve a cleanup target level
  210  for any individual contaminant that is more stringent than the
  211  site-specific, naturally occurring background concentration for
  212  that contaminant.
  213         2. Where surface waters are exposed to contaminated
  214  groundwater, the cleanup target levels for the contaminants must
  215  shall be based on the more protective of the groundwater or
  216  surface water standards as established by department rule,
  217  unless it has been demonstrated that the contaminants do not
  218  cause or contribute to the exceedance of applicable surface
  219  water quality criteria. In such circumstance, the point of
  220  measuring compliance with the surface water standards shall be
  221  in the groundwater immediately adjacent to the surface water
  222  body.
  223         3. Using risk-based corrective action principles, the
  224  department shall approve alternative cleanup target levels in
  225  conjunction with institutional and engineering controls, if
  226  needed, based upon an applicant’s demonstration, using site
  227  specific or other relevant data and information, risk assessment
  228  modeling results, including results from probabilistic risk
  229  assessment modeling, risk assessment studies, risk reduction
  230  techniques, or a combination thereof, that human health, public
  231  safety, and the environment are protected to the same degree as
  232  provided in subparagraphs 1. and 2. Where a state water quality
  233  standard is applicable, a deviation may not result in the
  234  application of cleanup target levels more stringent than the
  235  standard. In determining whether it is appropriate to establish
  236  alternative cleanup target levels at a site, the department must
  237  consider the effectiveness of source removal, if any, that has
  238  been completed at the site and the practical likelihood of the
  239  use of low yield or poor quality groundwater, the use of
  240  groundwater near marine surface water bodies, the current and
  241  projected use of the affected groundwater in the vicinity of the
  242  site, or the use of groundwater in the immediate vicinity of the
  243  contaminated area, where it has been demonstrated that the
  244  groundwater contamination is not migrating away from such
  245  localized source, provided human health, public safety, and the
  246  environment are protected. Groundwater resource protection
  247  remains the ultimate goal of cleanup, particularly in light of
  248  the state’s continued growth and consequent demands for drinking
  249  water resources. The Legislature recognizes the need for a
  250  protective yet flexible cleanup approach that risk-based
  251  corrective action provides. Only where it is appropriate on a
  252  site-specific basis, using the criteria in this paragraph and
  253  careful evaluation by the department, shall proposed alternative
  254  cleanup target levels be approved. If alternative cleanup target
  255  levels are used, institutional controls are not required if:
  256         a. The only cleanup target levels exceeded are the
  257  groundwater cleanup target levels derived from nuisance,
  258  organoleptic, or aesthetic considerations;
  259         b. Concentrations of all contaminants meet the state water
  260  quality standards or the minimum criteria, based on the
  261  protection of human health, public safety, and the environment,
  262  as provided in subparagraph 1.;
  263         c. All of the groundwater cleanup target levels established
  264  pursuant to subparagraph 1. are met at the property boundary;
  265         d. The person responsible for site rehabilitation has
  266  demonstrated that the contaminants will not migrate beyond the
  267  property boundary at concentrations that exceed the groundwater
  268  cleanup target levels established pursuant to subparagraph 1.;
  269         e. The property has access to and is using an offsite water
  270  supply, and an unplugged private well is not used for domestic
  271  purposes; and
  272         f. The real property owner does not object to the “No
  273  Further Action” proposal to the department or the local
  274  pollution control program.
  275         (h) Provide for the department to issue a “No Further
  276  Action” order, with conditions, including, but not limited to,
  277  the use of institutional or engineering controls where
  278  appropriate, when alternative cleanup target levels established
  279  pursuant to subparagraph (g)3. have been achieved or when the
  280  person responsible for site rehabilitation can demonstrate that
  281  the cleanup target level is unachievable with the use of
  282  available technologies. Before Prior to issuing such an order,
  283  the department shall consider the feasibility of an alternative
  284  site rehabilitation technology at the contaminated site.
  285         (i) Establish appropriate cleanup target levels for soils.
  286  Although there are existing state water quality standards, there
  287  are no existing state soil quality standards. The Legislature
  288  does not intend, through the adoption of this section, to create
  289  such soil quality standards. The specific rulemaking authority
  290  granted pursuant to this section merely authorizes the
  291  department to establish appropriate soil cleanup target levels.
  292  These soil cleanup target levels shall be applicable at sites
  293  only after a determination as to legal responsibility for site
  294  rehabilitation has been made pursuant to other provisions of
  295  this chapter or chapter 403.
  296         1. In establishing soil cleanup target levels for human
  297  exposure to each contaminant found in soils from the land
  298  surface to 2 feet below land surface, the department shall apply
  299  the following, as appropriate: calculations using a lifetime
  300  cancer risk level of 1.0E-6; a hazard index of 1 or less; and
  301  the best achievable detection limit. However, the department may
  302  shall not require site rehabilitation to achieve a cleanup
  303  target level for an individual contaminant that is more
  304  stringent than the site-specific, naturally occurring background
  305  concentration for that contaminant. Institutional controls or
  306  other methods shall be used to prevent human exposure to
  307  contaminated soils more than 2 feet below the land surface. Any
  308  removal of such institutional controls shall require such
  309  contaminated soils to be remediated.
  310         2. Leachability-based soil cleanup target levels shall be
  311  based on protection of the groundwater cleanup target levels or
  312  the alternate cleanup target levels for groundwater established
  313  pursuant to this paragraph, as appropriate. Source removal and
  314  other cost-effective alternatives that are technologically
  315  feasible shall be considered in achieving the leachability soil
  316  cleanup target levels established by the department. The
  317  leachability goals are shall not be applicable if the department
  318  determines, based upon individual site characteristics, and in
  319  conjunction with institutional and engineering controls, if
  320  needed, that contaminants will not leach into the groundwater at
  321  levels that pose a threat to human health, public safety, and
  322  the environment.
  323         3. Using risk-based corrective action principles, the
  324  department shall approve alternative cleanup target levels in
  325  conjunction with institutional and engineering controls, if
  326  needed, based upon an applicant’s demonstration, using site
  327  specific or other relevant data and information, risk assessment
  328  modeling results, including results from probabilistic risk
  329  assessment modeling, risk assessment studies, risk reduction
  330  techniques, or a combination thereof, that human health, public
  331  safety, and the environment are protected to the same degree as
  332  provided in subparagraphs 1. and 2.
  333  
  334  The department shall require source removal as a risk reduction
  335  measure if warranted and cost-effective. Once source removal at
  336  a site is complete, the department shall reevaluate the site to
  337  determine the degree of active cleanup needed to continue.
  338  Further, the department shall determine if the reevaluated site
  339  qualifies for monitoring only or if no further action is
  340  required to rehabilitate the site. If additional site
  341  rehabilitation is necessary to reach “No Further Action” status,
  342  the department is encouraged to utilize natural attenuation
  343  monitoring, including long-term natural attenuation and
  344  monitoring, where site conditions warrant.
  345         Section 3. Present subsections (3) through (11) of section
  346  376.79, Florida Statutes, are redesignated as subsections (4)
  347  through (12), respectively, present subsections (12) through
  348  (19) are redesignated as subsections (14) through (21),
  349  respectively, and new subsections (3) and (13) are added to that
  350  section, to read:
  351         376.79 Definitions relating to Brownfields Redevelopment
  352  Act.—As used in ss. 376.77-376.85, the term:
  353         (3) “Background concentration” means the concentration of
  354  contaminants naturally occurring or resulting from anthropogenic
  355  impacts unrelated to the discharge of pollutants or hazardous
  356  substances at a contaminated site undergoing site
  357  rehabilitation.
  358         (13) “Long-term natural attenuation” means natural
  359  attenuation approved by the department as a site rehabilitation
  360  program task for a period of more than 5 years.
  361         Section 4. Section 376.81, Florida Statutes, is amended to
  362  read:
  363         376.81 Brownfield site and brownfield areas contamination
  364  cleanup criteria.—
  365         (1) It is the intent of the Legislature to protect the
  366  health of all people under actual circumstances of exposure. By
  367  July 1, 2001, the secretary of the department shall establish
  368  criteria by rule for the purpose of determining, on a site
  369  specific basis, the rehabilitation program tasks that comprise a
  370  site rehabilitation program and the level at which a
  371  rehabilitation program task and a site rehabilitation program
  372  may be deemed completed. In establishing the rule, the
  373  department shall apply, to the maximum extent feasible, a risk
  374  based corrective action process to achieve protection of human
  375  health and safety and the environment in a cost-effective manner
  376  based on the principles set forth in this subsection. The rule
  377  must prescribe a phased risk-based corrective action process
  378  that is iterative and that tailors site rehabilitation tasks to
  379  site-specific conditions and risks. The department and the
  380  person responsible for brownfield site rehabilitation are
  381  encouraged to establish decision points at which risk management
  382  decisions will be made. The department shall provide an early
  383  decision, when requested, regarding applicable exposure factors
  384  and a risk management approach based on the current and future
  385  land use at the site. The rule must shall also include protocols
  386  for the use of natural attenuation, including long-term natural
  387  attenuation where site conditions warrant, the use of
  388  institutional and engineering controls, and the issuance of “no
  389  further action” letters. The criteria for determining what
  390  constitutes a rehabilitation program task or completion of a
  391  site rehabilitation program task or site rehabilitation program
  392  must:
  393         (a) Consider the current exposure and potential risk of
  394  exposure to humans and the environment, including multiple
  395  pathways of exposure. The physical, chemical, and biological
  396  characteristics of each contaminant must be considered in order
  397  to determine the feasibility of risk-based corrective action
  398  assessment.
  399         (b) Establish the point of compliance at the source of the
  400  contamination. However, the department may is authorized to
  401  temporarily move the point of compliance to the boundary of the
  402  property, or to the edge of the plume when the plume is within
  403  the property boundary, while cleanup, including cleanup through
  404  natural attenuation processes in conjunction with appropriate
  405  monitoring, is proceeding. The department may also is
  406  authorized, pursuant to criteria provided for in this section,
  407  to temporarily extend the point of compliance beyond the
  408  property boundary with appropriate monitoring, if such extension
  409  is needed to facilitate natural attenuation or to address the
  410  current conditions of the plume, provided human health, public
  411  safety, and the environment are protected. When temporarily
  412  extending the point of compliance beyond the property boundary,
  413  it cannot be extended further than the lateral extent of the
  414  plume at the time of execution of the brownfield site
  415  rehabilitation agreement, if known, or the lateral extent of the
  416  plume as defined at the time of site assessment. Temporary
  417  extension of the point of compliance beyond the property
  418  boundary, as provided in this paragraph, must include actual
  419  notice by the person responsible for brownfield site
  420  rehabilitation to local governments and the owners of any
  421  property into which the point of compliance is allowed to extend
  422  and constructive notice to residents and business tenants of the
  423  property into which the point of compliance is allowed to
  424  extend. Persons receiving notice pursuant to this paragraph
  425  shall have the opportunity to comment within 30 days of receipt
  426  of the notice.
  427         (c) Ensure that the site-specific cleanup goal is that all
  428  contaminated brownfield sites and brownfield areas ultimately
  429  achieve the applicable cleanup target levels provided in this
  430  section. In the circumstances provided below, and after
  431  constructive notice and opportunity to comment within 30 days
  432  from receipt of the notice to local government, to owners of any
  433  property into which the point of compliance is allowed to
  434  extend, and to residents on any property into which the point of
  435  compliance is allowed to extend, the department may allow
  436  concentrations of contaminants to temporarily exceed the
  437  applicable cleanup target levels while cleanup, including
  438  cleanup through natural attenuation processes in conjunction
  439  with appropriate monitoring, is proceeding, if human health,
  440  public safety, and the environment are protected.
  441         (d) Allow brownfield site and brownfield area
  442  rehabilitation programs to include the use of institutional or
  443  engineering controls, where appropriate, to eliminate or control
  444  the potential exposure to contaminants of humans or the
  445  environment. The use of controls must be preapproved by the
  446  department and only after constructive notice and opportunity to
  447  comment within 30 days from receipt of notice is provided to
  448  local governments, to owners of any property into which the
  449  point of compliance is allowed to extend, and to residents on
  450  any property into which the point of compliance is allowed to
  451  extend. When institutional or engineering controls are
  452  implemented to control exposure, the removal of the controls
  453  must have prior department approval and must be accompanied by
  454  the resumption of active cleanup, or other approved controls,
  455  unless cleanup target levels under this section have been
  456  achieved.
  457         (e) Consider the interactive additive effects of
  458  contaminants, including additive, synergistic, and antagonistic
  459  effects. The synergistic and antagonistic effects shall also be
  460  considered when the scientific data become available.
  461         (f) Take into consideration individual site
  462  characteristics, which shall include, but not be limited to, the
  463  current and projected use of the affected groundwater and
  464  surface water in the vicinity of the site, current and projected
  465  land uses of the area affected by the contamination, the exposed
  466  population, the degree and extent of contamination, the rate of
  467  contaminant migration, the apparent or potential rate of
  468  contaminant degradation through natural attenuation processes,
  469  the location of the plume, and the potential for further
  470  migration in relation to site property boundaries.
  471         (g) Apply state water quality standards as follows:
  472         1. Cleanup target levels for each contaminant found in
  473  groundwater shall be the applicable state water quality
  474  standards. Where such standards do not exist, the cleanup target
  475  levels for groundwater shall be based on the minimum criteria
  476  specified in department rule. The department shall apply the
  477  following, as appropriate, in establishing the applicable
  478  cleanup target levels: calculations using a lifetime cancer risk
  479  level of 1.0E-6; a hazard index of 1 or less; the best
  480  achievable detection limit; and nuisance, organoleptic, and
  481  aesthetic considerations. However, the department may shall not
  482  require site rehabilitation to achieve a cleanup target level
  483  for any individual contaminant which is more stringent than the
  484  site-specific, naturally occurring background concentration for
  485  that contaminant.
  486         2. Where surface waters are exposed to contaminated
  487  groundwater, the cleanup target levels for the contaminants must
  488  shall be based on the more protective of the groundwater or
  489  surface water standards as established by department rule,
  490  unless it has been demonstrated that the contaminants do not
  491  cause or contribute to the exceedance of applicable surface
  492  water quality criteria. In such circumstances, the point of
  493  measuring compliance with the surface water standards shall be
  494  in the groundwater immediately adjacent to the surface water
  495  body.
  496         3. Using risk-based corrective action principles, the
  497  department shall approve alternative cleanup target levels in
  498  conjunction with institutional and engineering controls, if
  499  needed, based upon an applicant’s demonstration, using site
  500  specific or other relevant data and information, risk assessment
  501  modeling results, including results from probabilistic risk
  502  assessment modeling, risk assessment studies, risk reduction
  503  techniques, or a combination thereof, that human health, public
  504  safety, and the environment are protected to the same degree as
  505  provided in subparagraphs 1. and 2. Where a state water quality
  506  standard is applicable, a deviation may not result in the
  507  application of cleanup target levels more stringent than the
  508  standard. In determining whether it is appropriate to establish
  509  alternative cleanup target levels at a site, the department must
  510  consider the effectiveness of source removal, if any, which has
  511  been completed at the site and the practical likelihood of the
  512  use of low yield or poor quality groundwater, the use of
  513  groundwater near marine surface water bodies, the current and
  514  projected use of the affected groundwater in the vicinity of the
  515  site, or the use of groundwater in the immediate vicinity of the
  516  contaminated area, where it has been demonstrated that the
  517  groundwater contamination is not migrating away from such
  518  localized source, provided human health, public safety, and the
  519  environment are protected. When using alternative cleanup target
  520  levels at a brownfield site, institutional controls are shall
  521  not be required if:
  522         a. The only cleanup target levels exceeded are the
  523  groundwater cleanup target levels derived from nuisance,
  524  organoleptic, or aesthetic considerations;
  525         b. Concentrations of all contaminants meet the state water
  526  quality standards or the minimum criteria, based on the
  527  protection of human health, provided in subparagraph 1.;
  528         c. All of the groundwater cleanup target levels established
  529  pursuant to subparagraph 1. are met at the property boundary;
  530         d. The person responsible for brownfield site
  531  rehabilitation has demonstrated that the contaminants will not
  532  migrate beyond the property boundary at concentrations exceeding
  533  the groundwater cleanup target levels established pursuant to
  534  subparagraph 1.;
  535         e. The property has access to and is using an offsite water
  536  supply and no unplugged private wells are used for domestic
  537  purposes; and
  538         f. The real property owner provides written acceptance of
  539  the “no further action” proposal to the department or the local
  540  pollution control program.
  541         (h) Provide for the department to issue a “no further
  542  action order,” with conditions, including, but not limited to,
  543  the use of institutional or engineering controls where
  544  appropriate, when alternative cleanup target levels established
  545  pursuant to subparagraph (g)3. have been achieved, or when the
  546  person responsible for brownfield site rehabilitation can
  547  demonstrate that the cleanup target level is unachievable within
  548  available technologies. Before Prior to issuing such an order,
  549  the department shall consider the feasibility of an alternative
  550  site rehabilitation technology at in the brownfield site area.
  551         (i) Establish appropriate cleanup target levels for soils.
  552         1. In establishing soil cleanup target levels for human
  553  exposure to each contaminant found in soils from the land
  554  surface to 2 feet below land surface, the department shall apply
  555  the following, as appropriate: calculations using a lifetime
  556  cancer risk level of 1.0E-6; a hazard index of 1 or less; and
  557  the best achievable detection limit. However, the department may
  558  shall not require site rehabilitation to achieve a cleanup
  559  target level for an individual contaminant which is more
  560  stringent than the site-specific, naturally occurring background
  561  concentration for that contaminant. Institutional controls or
  562  other methods shall be used to prevent human exposure to
  563  contaminated soils more than 2 feet below the land surface. Any
  564  removal of such institutional controls shall require such
  565  contaminated soils to be remediated.
  566         2. Leachability-based soil cleanup target levels shall be
  567  based on protection of the groundwater cleanup target levels or
  568  the alternate cleanup target levels for groundwater established
  569  pursuant to this paragraph, as appropriate. Source removal and
  570  other cost-effective alternatives that are technologically
  571  feasible shall be considered in achieving the leachability soil
  572  cleanup target levels established by the department. The
  573  leachability goals are shall not be applicable if the department
  574  determines, based upon individual site characteristics, and in
  575  conjunction with institutional and engineering controls, if
  576  needed, that contaminants will not leach into the groundwater at
  577  levels that pose a threat to human health, public safety, and
  578  the environment.
  579         3. Using risk-based corrective action principles, the
  580  department shall approve alternative cleanup target levels in
  581  conjunction with institutional and engineering controls, if
  582  needed, based upon an applicant’s demonstration, using site-
  583  specific or other relevant data and information, risk assessment
  584  modeling results, including results from probabilistic risk
  585  assessment modeling, risk assessment studies, risk reduction
  586  techniques, or a combination thereof, that human health, public
  587  safety, and the environment are protected to the same degree as
  588  provided in subparagraphs 1. and 2.
  589         (2) The department shall require source removal, as a risk
  590  reduction measure, if warranted and cost-effective. Once source
  591  removal at a site is complete, the department shall reevaluate
  592  the site to determine the degree of active cleanup needed to
  593  continue. Further, the department shall determine if the
  594  reevaluated site qualifies for monitoring only or if no further
  595  action is required to rehabilitate the site. If additional site
  596  rehabilitation is necessary to reach “no further action” status,
  597  the department is encouraged to utilize natural attenuation
  598  monitoring, including long-term natural attenuation and
  599  monitoring, where site conditions warrant.
  600         (3) The cleanup criteria described in this section govern
  601  only site rehabilitation activities occurring at the
  602  contaminated site. Removal of contaminated media from a site for
  603  offsite relocation or treatment must be in accordance with all
  604  applicable federal, state, and local laws and regulations.
  605         Section 5. Subsection (3) of section 196.1995, Florida
  606  Statutes, is amended to read:
  607         196.1995 Economic development ad valorem tax exemption.—
  608         (3) The board of county commissioners or the governing
  609  authority of the municipality that calls a referendum within its
  610  total jurisdiction to determine whether its respective
  611  jurisdiction may grant economic development ad valorem tax
  612  exemptions may vote to limit the effect of the referendum to
  613  authority to grant economic development tax exemptions for new
  614  businesses and expansions of existing businesses located in an
  615  enterprise zone or a brownfield area, as defined in s. 376.79(5)
  616  s. 376.79(4). If an area nominated to be an enterprise zone
  617  pursuant to s. 290.0055 has not yet been designated pursuant to
  618  s. 290.0065, the board of county commissioners or the governing
  619  authority of the municipality may call such referendum prior to
  620  such designation; however, the authority to grant economic
  621  development ad valorem tax exemptions does not apply until such
  622  area is designated pursuant to s. 290.0065. The ballot question
  623  in such referendum shall be in substantially the following form
  624  and shall be used in lieu of the ballot question prescribed in
  625  subsection (2):
  626  
  627  Shall the board of county commissioners of this county (or the
  628  governing authority of this municipality, or both) be authorized
  629  to grant, pursuant to s. 3, Art. VII of the State Constitution,
  630  property tax exemptions for new businesses and expansions of
  631  existing businesses that are located in an enterprise zone or a
  632  brownfield area and that are expected to create new, full-time
  633  jobs in the county (or municipality, or both)?
  634  
  635         ....Yes—For authority to grant exemptions.
  636         ....No—Against authority to grant exemptions.
  637         Section 6. Paragraph (a) of subsection (1) of section
  638  287.0595, Florida Statutes, is amended to read:
  639         287.0595 Pollution response action contracts; department
  640  rules.—
  641         (1) The Department of Environmental Protection shall
  642  establish, by adopting administrative rules as provided in
  643  chapter 120:
  644         (a) Procedures for determining the qualifications of
  645  responsible potential vendors prior to advertisement for and
  646  receipt of bids, proposals, or replies for pollution response
  647  action contracts, including procedures for the rejection of
  648  unqualified vendors. Response actions are those activities
  649  described in s. 376.301(39) s. 376.301(37).
  650         Section 7. Paragraph (c) of subsection (5) of section
  651  288.1175, Florida Statutes, is amended to read:
  652         288.1175 Agriculture education and promotion facility.—
  653         (5) The Department of Agriculture and Consumer Services
  654  shall competitively evaluate applications for funding of an
  655  agriculture education and promotion facility. If the number of
  656  applicants exceeds three, the Department of Agriculture and
  657  Consumer Services shall rank the applications based upon
  658  criteria developed by the Department of Agriculture and Consumer
  659  Services, with priority given in descending order to the
  660  following items:
  661         (c) The location of the facility in a brownfield site as
  662  defined in s. 376.79(4) s. 376.79(3), a rural enterprise zone as
  663  defined in s. 290.004, an agriculturally depressed area as
  664  defined in s. 570.74, or a county that has lost its agricultural
  665  land to environmental restoration projects.
  666         Section 8. Subsection (6) of section 376.305, Florida
  667  Statutes, is amended to read:
  668         376.305 Removal of prohibited discharges.—
  669         (6) The Legislature created the Abandoned Tank Restoration
  670  Program in response to the need to provide financial assistance
  671  for cleanup of sites that have abandoned petroleum storage
  672  systems. For purposes of this subsection, the term “abandoned
  673  petroleum storage system” means a petroleum storage system that
  674  has not stored petroleum products for consumption, use, or sale
  675  since March 1, 1990. The department shall establish the
  676  Abandoned Tank Restoration Program to facilitate the restoration
  677  of sites contaminated by abandoned petroleum storage systems.
  678         (a) To be included in the program:
  679         1. An application must be submitted to the department by
  680  June 30, 1996, certifying that the system has not stored
  681  petroleum products for consumption, use, or sale at the facility
  682  since March 1, 1990.
  683         2. The owner or operator of the petroleum storage system
  684  when it was in service must have ceased conducting business
  685  involving consumption, use, or sale of petroleum products at
  686  that facility on or before March 1, 1990.
  687         3. The site is not otherwise eligible for the cleanup
  688  programs pursuant to s. 376.3071 or s. 376.3072.
  689         4. The site is not otherwise eligible for the Petroleum
  690  Cleanup Participation Program under s. 376.3071(13) based on any
  691  discharge reporting form received by the department before
  692  January 1, 1995, or a written report of contamination submitted
  693  to the department on or before December 31, 1998.
  694         (b) In order to be eligible for the program, petroleum
  695  storage systems from which a discharge occurred must be closed
  696  pursuant to department rules before an eligibility
  697  determination. However, if the department determines that the
  698  owner of the facility cannot financially comply with the
  699  department’s petroleum storage system closure requirements and
  700  all other eligibility requirements are met, the petroleum
  701  storage system closure requirements shall be waived. The
  702  department shall take into consideration the owner’s net worth
  703  and the economic impact on the owner in making the determination
  704  of the owner’s financial ability. The June 30, 1996, application
  705  deadline shall be waived for owners who cannot financially
  706  comply.
  707         (c) Sites accepted in the program are eligible for site
  708  rehabilitation funding as provided in s. 376.3071.
  709         (d) The following sites are excluded from eligibility:
  710         1. Sites on property of the Federal Government;
  711         2. Sites contaminated by pollutants that are not petroleum
  712  products; or
  713         3. Sites where the department has been denied site access;
  714  or
  715         4. Sites which are owned by a person who had knowledge of
  716  the polluting condition when title was acquired unless the
  717  person acquired title to the site after issuance of a notice of
  718  site eligibility by the department.
  719         (e) Participating sites are subject to a deductible as
  720  determined by rule, not to exceed $10,000.
  721  
  722  This subsection does not relieve a person who has acquired title
  723  after July 1, 1992, from the duty to establish by a
  724  preponderance of the evidence that he or she undertook, at the
  725  time of acquisition, all appropriate inquiry into the previous
  726  ownership and use of the property consistent with good
  727  commercial or customary practice in an effort to minimize
  728  liability, as required by s. 376.308(1)(c).
  729         Section 9. Paragraph (b) of subsection (2), subsection (4),
  730  paragraph (b) of subsection (5), paragraph (b) of subsection
  731  (12), and subsection (13) of section 376.3071, Florida Statutes,
  732  are amended to read:
  733         376.3071 Inland Protection Trust Fund; creation; purposes;
  734  funding.—
  735         (2) INTENT AND PURPOSE.—
  736         (b) It is the intent of the Legislature that the department
  737  implement rules and procedures to improve the efficiency and
  738  productivity of the Petroleum Restoration Program. The
  739  department is directed to implement rules and policies to
  740  eliminate and reduce duplication of site rehabilitation efforts,
  741  paperwork, and documentation, and micromanagement of site
  742  rehabilitation tasks. The department shall make efficiency and
  743  productivity a priority in the administration of the Petroleum
  744  Restoration Program and to this end, when necessary, shall use
  745  petroleum program contracted services to improve the efficiency
  746  and productivity of the program. Furthermore, when implementing
  747  rules and procedures to improve such efficiency and
  748  productivity, the department shall recognize and consider the
  749  potential value of utilizing contracted inspection and
  750  professional resources to efficiently and productively
  751  administer the program.
  752         (4) USES.—Whenever, in its determination, incidents of
  753  inland contamination related to the storage of petroleum or
  754  petroleum products may pose a threat to the public health,
  755  safety, or welfare, water resources, or the environment, the
  756  department shall obligate moneys available in the fund to
  757  provide for:
  758         (a) Prompt investigation and assessment of contamination
  759  sites.
  760         (b) Expeditious restoration or replacement of potable water
  761  supplies as provided in s. 376.30(3)(c)1.
  762         (c) Rehabilitation of contamination sites, which shall
  763  consist of cleanup of affected soil, groundwater, and inland
  764  surface waters, using the most cost-effective alternative that
  765  is technologically feasible and reliable and that provides
  766  adequate protection of the public health, safety, and welfare,
  767  and water resources, and that minimizes environmental damage,
  768  pursuant to the site selection and cleanup criteria established
  769  by the department under subsection (5), except that this
  770  paragraph does not authorize the department to obligate funds
  771  for payment of costs which may be associated with, but are not
  772  integral to, site rehabilitation, such as the cost for
  773  retrofitting or replacing petroleum storage systems.
  774         (d) Maintenance and monitoring of contamination sites.
  775         (e) Inspection and supervision of activities described in
  776  this subsection.
  777         (f) Payment of expenses incurred by the department in its
  778  efforts to obtain from responsible parties the payment or
  779  recovery of reasonable costs resulting from the activities
  780  described in this subsection.
  781         (g) Payment of any other reasonable costs of
  782  administration, including those administrative costs incurred by
  783  the Department of Health in providing field and laboratory
  784  services, toxicological risk assessment, and other assistance to
  785  the department in the investigation of drinking water
  786  contamination complaints and costs associated with public
  787  information and education activities.
  788         (h) Establishment and implementation of the compliance
  789  verification program as authorized in s. 376.303(1)(a),
  790  including contracting with local governments or state agencies
  791  to provide for the administration of such program through
  792  locally administered programs, to minimize the potential for
  793  further contamination sites.
  794         (i) Funding of the provisions of ss. 376.305(6) and
  795  376.3072.
  796         (j) Activities related to removal and replacement of
  797  petroleum storage systems, exclusive of costs of any tank,
  798  piping, dispensing unit, or related hardware, if soil removal is
  799  approved as a component of site rehabilitation and requires
  800  removal of the tank where remediation is conducted under this
  801  section or if such activities were justified in an approved
  802  remedial action plan.
  803         (k) Reasonable costs of restoring property as nearly as
  804  practicable to the conditions which existed before activities
  805  associated with contamination assessment or remedial action
  806  taken under s. 376.303(4).
  807         (l) Repayment of loans to the fund.
  808         (m) Expenditure of sums from the fund to cover ineligible
  809  sites or costs as set forth in subsection (13), if the
  810  department in its discretion deems it necessary to do so. In
  811  such cases, the department may seek recovery and reimbursement
  812  of costs in the same manner and pursuant to the same procedures
  813  established for recovery and reimbursement of sums otherwise
  814  owed to or expended from the fund.
  815         (n) Payment of amounts payable under any service contract
  816  entered into by the department pursuant to s. 376.3075, subject
  817  to annual appropriation by the Legislature.
  818         (o) Petroleum remediation pursuant to this section
  819  throughout a state fiscal year. The department shall establish a
  820  process to uniformly encumber appropriated funds throughout a
  821  state fiscal year and shall allow for emergencies and imminent
  822  threats to public health, safety, and welfare, water resources,
  823  and the environment as provided in paragraph (5)(a). This
  824  paragraph does not apply to appropriations associated with the
  825  free product recovery initiative provided in paragraph (5)(c) or
  826  the advanced cleanup program provided in s. 376.30713.
  827         (p) Enforcement of this section and ss. 376.30-376.317 by
  828  the Fish and Wildlife Conservation Commission. The department
  829  shall disburse moneys to the commission for such purpose.
  830         (q) Payments for program deductibles, copayments, and
  831  limited contamination assessment reports that otherwise would be
  832  paid by another state agency for state-funded petroleum
  833  contamination site rehabilitation. This paragraph expires July
  834  1, 2016.
  835  
  836  The issuance of a site rehabilitation completion order pursuant
  837  to subsection (5) or paragraph (12)(b) for contamination
  838  eligible for programs funded by this section does not alter the
  839  project’s eligibility for state-funded remediation if the
  840  department determines that site conditions are not protective of
  841  human health under actual or proposed circumstances of exposure
  842  under subsection (5). The Inland Protection Trust Fund may only
  843  be used only to fund the activities in ss. 376.30-376.317 except
  844  ss. 376.3078 and 376.3079. Amounts on deposit in the fund in
  845  each fiscal year must shall first be applied or allocated for
  846  the payment of amounts payable by the department pursuant to
  847  paragraph (n) under a service contract entered into by the
  848  department pursuant to s. 376.3075 and appropriated in each year
  849  by the Legislature before making or providing for other
  850  disbursements from the fund. This subsection does not authorize
  851  the use of the fund for cleanup of contamination caused
  852  primarily by a discharge of solvents as defined in s.
  853  206.9925(6), or polychlorinated biphenyls when their presence
  854  causes them to be hazardous wastes, except solvent contamination
  855  which is the result of chemical or physical breakdown of
  856  petroleum products and is otherwise eligible. Facilities used
  857  primarily for the storage of motor or diesel fuels as defined in
  858  ss. 206.01 and 206.86 are not excluded from eligibility pursuant
  859  to this section.
  860         (5) SITE SELECTION AND CLEANUP CRITERIA.—
  861         (b) It is the intent of the Legislature to protect the
  862  health of all people under actual circumstances of exposure. The
  863  secretary shall establish criteria by rule for the purpose of
  864  determining, on a site-specific basis, the rehabilitation
  865  program tasks that comprise a site rehabilitation program and
  866  the level at which a rehabilitation program task and a site
  867  rehabilitation program are completed. In establishing the rule,
  868  the department shall incorporate, to the maximum extent
  869  feasible, risk-based corrective action principles to achieve
  870  protection of the public health, safety, and welfare, water
  871  resources, and the environment in a cost-effective manner as
  872  provided in this subsection. Criteria for determining what
  873  constitutes a rehabilitation program task or completion of site
  874  rehabilitation program tasks and site rehabilitation programs
  875  shall be based upon the factors set forth in paragraph (a) and
  876  the following additional factors:
  877         1. The current exposure and potential risk of exposure to
  878  humans and the environment including multiple pathways of
  879  exposure.
  880         2. The appropriate point of compliance with cleanup target
  881  levels for petroleum products’ chemicals of concern. The point
  882  of compliance shall be at the source of the petroleum
  883  contamination. However, the department may temporarily move the
  884  point of compliance to the boundary of the property, or to the
  885  edge of the plume when the plume is within the property
  886  boundary, while cleanup, including cleanup through natural
  887  attenuation processes in conjunction with appropriate
  888  monitoring, is proceeding. The department may also, pursuant to
  889  criteria provided for in this paragraph, temporarily extend the
  890  point of compliance beyond the property boundary with
  891  appropriate monitoring, if such extension is needed to
  892  facilitate natural attenuation or to address the current
  893  conditions of the plume, if the public health, safety, and
  894  welfare, water resources, and the environment are adequately
  895  protected. Temporary extension of the point of compliance beyond
  896  the property boundary, as provided in this subparagraph, must
  897  include notice to local governments and owners of any property
  898  into which the point of compliance is allowed to extend.
  899         3. The appropriate site-specific cleanup goal. The site
  900  specific cleanup goal shall be that all petroleum contamination
  901  sites ultimately achieve the applicable cleanup target levels
  902  provided in this paragraph. However, the department may allow
  903  concentrations of the petroleum products’ chemicals of concern
  904  to temporarily exceed the applicable cleanup target levels while
  905  cleanup, including cleanup through natural attenuation processes
  906  in conjunction with appropriate monitoring, is proceeding, if
  907  the public health, safety, and welfare, water resources, and the
  908  environment are adequately protected.
  909         4. The appropriateness of using institutional or
  910  engineering controls. Site rehabilitation programs may include
  911  the use of institutional or engineering controls to eliminate
  912  the potential exposure to petroleum products’ chemicals of
  913  concern to humans or the environment. Use of such controls must
  914  have prior department approval, and institutional controls may
  915  not be acquired with moneys from the fund other than the costs
  916  associated with a professional land survey or a specific purpose
  917  survey, if such is needed, and costs associated with obtaining a
  918  title report and recording fees. When institutional or
  919  engineering controls are implemented to control exposure, the
  920  removal of such controls must have prior department approval and
  921  must be accompanied immediately by the resumption of active
  922  cleanup or other approved controls unless cleanup target levels
  923  pursuant to this paragraph have been achieved.
  924         5. The additive effects of the petroleum products’
  925  chemicals of concern. The synergistic effects of petroleum
  926  products’ chemicals of concern must also be considered when the
  927  scientific data becomes available.
  928         6. Individual site characteristics which must include, but
  929  not be limited to, the current and projected use of the affected
  930  groundwater in the vicinity of the site, current and projected
  931  land uses of the area affected by the contamination, the exposed
  932  population, the degree and extent of contamination, the rate of
  933  contaminant migration, the apparent or potential rate of
  934  contaminant degradation through natural attenuation processes,
  935  the location of the plume, and the potential for further
  936  migration in relation to site property boundaries.
  937         7. Applicable state water quality standards.
  938         a. Cleanup target levels for petroleum products’ chemicals
  939  of concern found in groundwater shall be the applicable state
  940  water quality standards. Where such standards do not exist, the
  941  cleanup target levels for groundwater shall be based on the
  942  minimum criteria specified in department rule. The department
  943  shall consider the following, as appropriate, in establishing
  944  the applicable minimum criteria: calculations using a lifetime
  945  cancer risk level of 1.0E-6; a hazard index of 1 or less; the
  946  best achievable detection limit; the naturally occurring
  947  background concentration; or nuisance, organoleptic, and
  948  aesthetic considerations.
  949         b. Where surface waters are exposed to petroleum
  950  contaminated groundwater, the cleanup target levels for the
  951  petroleum products’ chemicals of concern shall be based on the
  952  surface water standards as established by department rule. The
  953  point of measuring compliance with the surface water standards
  954  shall be in the groundwater immediately adjacent to the surface
  955  water body.
  956         8. Whether deviation from state water quality standards or
  957  from established criteria is appropriate. The department may
  958  issue a “No Further Action Order” based upon the degree to which
  959  the desired cleanup target level is achievable and can be
  960  reasonably and cost-effectively implemented within available
  961  technologies or engineering and institutional control
  962  strategies. Where a state water quality standard is applicable,
  963  a deviation may not result in the application of cleanup target
  964  levels more stringent than the standard. In determining whether
  965  it is appropriate to establish alternate cleanup target levels
  966  at a site, the department may consider the effectiveness of
  967  source removal that has been completed at the site and the
  968  practical likelihood of the use of low yield or poor quality
  969  groundwater; the use of groundwater near marine surface water
  970  bodies; the current and projected use of the affected
  971  groundwater in the vicinity of the site; or the use of
  972  groundwater in the immediate vicinity of the storage tank area,
  973  where it has been demonstrated that the groundwater
  974  contamination is not migrating away from such localized source,
  975  if the public health, safety, and welfare, water resources, and
  976  the environment are adequately protected.
  977         9. Appropriate cleanup target levels for soils.
  978         a. In establishing soil cleanup target levels for human
  979  exposure to petroleum products’ chemicals of concern found in
  980  soils from the land surface to 2 feet below land surface, the
  981  department shall consider the following, as appropriate:
  982  calculations using a lifetime cancer risk level of 1.0E-6; a
  983  hazard index of 1 or less; the best achievable detection limit;
  984  or the naturally occurring background concentration.
  985         b. Leachability-based soil target levels shall be based on
  986  protection of the groundwater cleanup target levels or the
  987  alternate cleanup target levels for groundwater established
  988  pursuant to this paragraph, as appropriate. Source removal and
  989  other cost-effective alternatives that are technologically
  990  feasible shall be considered in achieving the leachability soil
  991  target levels established by the department. The leachability
  992  goals do not apply if the department determines, based upon
  993  individual site characteristics, that petroleum products’
  994  chemicals of concern will not leach into the groundwater at
  995  levels which pose a threat to public health, safety, and
  996  welfare, water resources, or the environment.
  997  
  998  This paragraph does not restrict the department from temporarily
  999  postponing completion of any site rehabilitation program for
 1000  which funds are being expended whenever such postponement is
 1001  necessary in order to make funds available for rehabilitation of
 1002  a contamination site with a higher priority status.
 1003         (12) SITE CLEANUP.—
 1004         (b) Low-scored site initiative.—Notwithstanding subsections
 1005  (5) and (6), a site with a priority ranking score of 29 points
 1006  or less may voluntarily participate in the low-scored site
 1007  initiative regardless of whether the site is eligible for state
 1008  restoration funding.
 1009         1. To participate in the low-scored site initiative, the
 1010  responsible party or property owner, or a responsible party who
 1011  provides evidence of authorization from the property owner, must
 1012  submit a “No Further Action” proposal and affirmatively
 1013  demonstrate that the following conditions imposed under
 1014  subparagraph 4. are met.:
 1015         a. Upon reassessment pursuant to department rule, the site
 1016  retains a priority ranking score of 29 points or less.
 1017         b. Excessively contaminated soil, as defined by department
 1018  rule, does not exist onsite as a result of a release of
 1019  petroleum products.
 1020         c. A minimum of 6 months of groundwater monitoring
 1021  indicates that the plume is shrinking or stable.
 1022         d. The release of petroleum products at the site does not
 1023  adversely affect adjacent surface waters, including their
 1024  effects on human health and the environment.
 1025         e. The area of groundwater containing the petroleum
 1026  products’ chemicals of concern is less than one-quarter acre and
 1027  is confined to the source property boundaries of the real
 1028  property on which the discharge originated.
 1029         f. Soils onsite that are subject to human exposure found
 1030  between land surface and 2 feet below land surface meet the soil
 1031  cleanup target levels established by department rule or human
 1032  exposure is limited by appropriate institutional or engineering
 1033  controls.
 1034         2. Upon affirmative demonstration that of the conditions
 1035  imposed under subparagraph 4. are met subparagraph 1., the
 1036  department shall issue a site rehabilitation completion order
 1037  incorporating the determination of “No Further Action.proposal
 1038  submitted by the property owner or the responsible party, who
 1039  must provide evidence of authorization from the property owner
 1040  Such determination acknowledges that minimal contamination
 1041  exists onsite and that such contamination is not a threat to the
 1042  public health, safety, or welfare, water resources, or the
 1043  environment. If no contamination is detected, the department may
 1044  issue a site rehabilitation completion order.
 1045         3. Sites that are eligible for state restoration funding
 1046  may receive payment of costs for the low-scored site initiative
 1047  as follows:
 1048         a. A responsible party or property owner, or a responsible
 1049  party who provides evidence of authorization from the property
 1050  owner, may submit an assessment and limited remediation plan
 1051  designed to affirmatively demonstrate that the site meets the
 1052  conditions imposed under subparagraph 4 subparagraph 1.
 1053  Notwithstanding the priority ranking score of the site, the
 1054  department may approve the cost of the assessment and limited
 1055  remediation, including up to 12 6 months of groundwater
 1056  monitoring and 12 months of limited remediation activities in
 1057  one or more task assignments or modifications thereof, not to
 1058  exceed the threshold amount provided in s. 287.017 for CATEGORY
 1059  TWO, $30,000 for each site where the department has determined
 1060  that the assessment and limited remediation, if applicable, will
 1061  likely result in a determination of “No Further Action.”. The
 1062  department may not pay the costs associated with the
 1063  establishment of institutional or engineering controls other
 1064  than the costs associated with a professional land survey or a
 1065  specific purpose survey, if such is needed, and the costs
 1066  associated with obtaining a title report and paying recording
 1067  fees.
 1068         b. After the approval of initial site assessment results
 1069  provided pursuant to state funding under sub-subparagraph a.,
 1070  the department may approve an additional amount not to exceed
 1071  the threshold amount provided in s. 287.017 for CATEGORY TWO for
 1072  limited remediation needed to achieve a determination of “No
 1073  Further Action.”
 1074         c.b. The assessment and limited remediation work shall be
 1075  completed no later than 15 6 months after the department
 1076  authorizes the start of a state-funded, low-score site
 1077  initiative task. If groundwater monitoring is required after the
 1078  assessment and limited remediation in order to satisfy the
 1079  conditions under subparagraph 4., the department may authorize
 1080  an additional 12 months to complete the monitoring issues its
 1081  approval.
 1082         d.c. No more than $15 $10 million for the low-scored site
 1083  initiative may be encumbered from the fund in any fiscal year.
 1084  Funds shall be made available on a first-come, first-served
 1085  basis and shall be limited to 10 sites in each fiscal year for
 1086  each responsible party or property owner or each responsible
 1087  party who provides evidence of authorization from the property
 1088  owner.
 1089         e.d. Program deductibles, copayments, and the limited
 1090  contamination assessment report requirements under paragraph
 1091  (13)(d) (13)(c) do not apply to expenditures under this
 1092  paragraph.
 1093         4.The department shall issue an order incorporating the
 1094  “No Further Action” proposal submitted by a property owner or a
 1095  responsible party who provides evidence of authorization from
 1096  the property owner upon affirmative demonstration that all of
 1097  the following conditions are met:
 1098         a. Soil saturated with petroleum or petroleum products, or
 1099  soil that causes a total corrected hydrocarbon measurement of
 1100  500 parts per million or higher for the Gasoline Analytical
 1101  Group or 50 parts per million or higher for the Kerosene
 1102  Analytical Group, as defined by department rule, does not exist
 1103  onsite as a result of a release of petroleum products.
 1104         b. A minimum of 12 months of groundwater monitoring
 1105  indicates that the plume is shrinking or stable.
 1106         c. The release of petroleum products at the site does not
 1107  adversely affect adjacent surface waters, including their
 1108  effects on human health and the environment.
 1109         d. The area containing the petroleum products’ chemicals of
 1110  concern:
 1111         (I)Is confined to the source property boundaries of the
 1112  real property on which the discharge originated, unless the
 1113  property owner has requested or authorized a more limited area
 1114  in the “No Further Action” proposal submitted under this
 1115  subsection; or
 1116         (II)Has migrated from the source property onto or beneath
 1117  a transportation facility as defined s. 334.03(30) for which the
 1118  department has approved, and governmental entity owning the
 1119  transportation facility has agreed to institutional controls as
 1120  defined in s. 376.301(21). This sub-sub-subparagraph does not,
 1121  however, impose any legal liability on the transportation
 1122  facility owner, obligate such owner to engage in remediation, or
 1123  waive such owner’s right to recover costs for damages.
 1124         e. The groundwater contamination containing the petroleum
 1125  products’ chemicals of concern is not a threat to any permitted
 1126  potable water supply well.
 1127         f. Soils onsite found between land surface and 2 feet below
 1128  land surface which are subject to human exposure meet the soil
 1129  cleanup target levels established in subparagraph (5)(b)9., or
 1130  human exposure is limited by appropriate institutional or
 1131  engineering controls.
 1132  
 1133  Issuance of a site rehabilitation completion order under this
 1134  paragraph acknowledges that minimal contamination exists onsite
 1135  and that such contamination is not a threat to the public
 1136  health, safety, or welfare; water resources; or the environment.
 1137  Pursuant to subsection (4), the issuance of the site
 1138  rehabilitation completion order, with or without conditions,
 1139  does not alter eligibility for state-funded rehabilitation that
 1140  would otherwise be applicable under this section.
 1141         (13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
 1142  detection, reporting, and cleanup of contamination caused by
 1143  discharges of petroleum or petroleum products, the department
 1144  shall, within the guidelines established in this subsection,
 1145  implement a cost-sharing cleanup program to provide
 1146  rehabilitation funding assistance for all property contaminated
 1147  by discharges of petroleum or petroleum products from a
 1148  petroleum storage system occurring before January 1, 1995,
 1149  subject to a copayment provided for in a Petroleum Cleanup
 1150  Participation Program site rehabilitation agreement. Eligibility
 1151  is subject to an annual appropriation from the fund.
 1152  Additionally, funding for eligible sites is contingent upon
 1153  annual appropriation in subsequent years. Such continued state
 1154  funding is not an entitlement or a vested right under this
 1155  subsection. Eligibility shall be determined in the program,
 1156  notwithstanding any other provision of law, consent order,
 1157  order, judgment, or ordinance to the contrary.
 1158         (a)1. The department shall accept any discharge reporting
 1159  form received before January 1, 1995, as an application for this
 1160  program, and the facility owner or operator need not reapply.
 1161         2. Regardless of whether ownership has changed, owners or
 1162  operators of property that is contaminated by petroleum or
 1163  petroleum products from a petroleum storage system may apply for
 1164  such program by filing a written report of the contamination
 1165  incident, including evidence that such incident occurred before
 1166  January 1, 1995, with the department. Incidents of petroleum
 1167  contamination discovered after December 31, 1994, at sites which
 1168  have not stored petroleum or petroleum products for consumption,
 1169  use, or sale after such date shall be presumed to have occurred
 1170  before January 1, 1995. An operator’s filed report shall be an
 1171  application of the owner for all purposes. Sites reported to the
 1172  department after December 31, 1998, are not eligible for the
 1173  program.
 1174         (b) Subject to annual appropriation from the fund, sites
 1175  meeting the criteria of this subsection are eligible for up to
 1176  $400,000 of site rehabilitation funding assistance in priority
 1177  order pursuant to subsections (5) and (6). Sites meeting the
 1178  criteria of this subsection for which a site rehabilitation
 1179  completion order was issued before June 1, 2008, do not qualify
 1180  for the 2008 increase in site rehabilitation funding assistance
 1181  and are bound by the pre-June 1, 2008, limits. Sites meeting the
 1182  criteria of this subsection for which a site rehabilitation
 1183  completion order was not issued before June 1, 2008, regardless
 1184  of whether they have previously transitioned to nonstate-funded
 1185  cleanup status, may continue state-funded cleanup pursuant to
 1186  this section until a site rehabilitation completion order is
 1187  issued or the increased site rehabilitation funding assistance
 1188  limit is reached, whichever occurs first. The department may not
 1189  pay expenses incurred beyond the scope of an approved contract.
 1190         (c) The department may also approve supplemental funding of
 1191  up to $100,000 for additional remediation and monitoring if such
 1192  remediation and monitoring is necessary to achieve a
 1193  determination of “No Further Action.”
 1194         (d) Upon notification by the department that rehabilitation
 1195  funding assistance is available for the site pursuant to
 1196  subsections (5) and (6), the property owner, operator, or person
 1197  otherwise responsible for site rehabilitation shall provide the
 1198  department with a limited contamination assessment report and
 1199  shall enter into a Petroleum Cleanup Participation Program site
 1200  rehabilitation agreement with the department. The agreement must
 1201  provide for a 25-percent copayment by the owner, operator, or
 1202  person otherwise responsible for conducting site rehabilitation.
 1203  The owner, operator, or person otherwise responsible for
 1204  conducting site rehabilitation shall adequately demonstrate the
 1205  ability to meet the copayment obligation. The limited
 1206  contamination assessment report and the copayment costs may be
 1207  reduced or eliminated if the owner and all operators responsible
 1208  for restoration under s. 376.308 demonstrate that they cannot
 1209  financially comply with the copayment and limited contamination
 1210  assessment report requirements. The department shall take into
 1211  consideration the owner’s and operator’s net worth in making the
 1212  determination of financial ability. In the event the department
 1213  and the owner, operator, or person otherwise responsible for
 1214  site rehabilitation cannot complete negotiation of the cost
 1215  sharing agreement within 120 days after beginning negotiations,
 1216  the department shall terminate negotiations and the site shall
 1217  be ineligible for state funding under this subsection and all
 1218  liability protections provided for in this subsection shall be
 1219  revoked.
 1220         (e)(d) A report of a discharge made to the department by a
 1221  person pursuant to this subsection or any rules adopted pursuant
 1222  to this subsection may not be used directly as evidence of
 1223  liability for such discharge in any civil or criminal trial
 1224  arising out of the discharge.
 1225         (f)(e) This subsection does not preclude the department
 1226  from pursuing penalties under s. 403.141 for violations of any
 1227  law or any rule, order, permit, registration, or certification
 1228  adopted or issued by the department pursuant to its lawful
 1229  authority.
 1230         (g)(f) Upon the filing of a discharge reporting form under
 1231  paragraph (a), the department or local government may not pursue
 1232  any judicial or enforcement action to compel rehabilitation of
 1233  the discharge. This paragraph does not prevent any such action
 1234  with respect to discharges determined ineligible under this
 1235  subsection or to sites for which rehabilitation funding
 1236  assistance is available pursuant to subsections (5) and (6).
 1237         (h)(g) The following are excluded from participation in the
 1238  program:
 1239         1. Sites at which the department has been denied reasonable
 1240  site access to implement this section.
 1241         2. Sites that were active facilities when owned or operated
 1242  by the Federal Government.
 1243         3. Sites that are identified by the United States
 1244  Environmental Protection Agency to be on, or which qualify for
 1245  listing on, the National Priorities List under Superfund. This
 1246  exception does not apply to those sites for which eligibility
 1247  has been requested or granted as of the effective date of this
 1248  act under the Early Detection Incentive Program established
 1249  pursuant to s. 15, chapter 86-159, Laws of Florida.
 1250         4. Sites for which contamination is covered under the Early
 1251  Detection Incentive Program, the Abandoned Tank Restoration
 1252  Program, or the Petroleum Liability and Restoration Insurance
 1253  Program, in which case site rehabilitation funding assistance
 1254  shall continue under the respective program.
 1255         Section 10. Paragraph (d) of subsection (1), paragraph (a)
 1256  of subsection (2), and subsection (4) of section 376.30713,
 1257  Florida Statutes, are amended to read:
 1258         376.30713 Advanced cleanup.—
 1259         (1) In addition to the legislative findings provided in s.
 1260  376.3071, the Legislature finds and declares:
 1261         (d) It is appropriate for a person who is responsible for
 1262  site rehabilitation to share the costs associated with managing
 1263  and conducting advanced cleanup, to facilitate the opportunity
 1264  for advanced cleanup, and to mitigate the additional costs that
 1265  will be incurred by the state in conducting site rehabilitation
 1266  in advance of the site’s priority ranking. Such cost sharing
 1267  will result in more contaminated sites being cleaned up and
 1268  greater environmental benefits to the state. This section is
 1269  only available for sites eligible for restoration funding under
 1270  EDI, ATRP, or PLRIP. This section is available for discharges
 1271  eligible for restoration funding under the petroleum cleanup
 1272  participation program for the state’s cost share of site
 1273  rehabilitation. Applications must include a cost-sharing
 1274  commitment for this section in addition to the 25-percent
 1275  copayment requirement of the petroleum cleanup participation
 1276  program. This section is not available for any discharge under a
 1277  petroleum cleanup participation program where the 25-percent
 1278  copayment requirement of the petroleum cleanup participation
 1279  program has been reduced or eliminated pursuant to s.
 1280  376.3071(13)(d) s. 376.3071(13)(c).
 1281         (2) The department may approve an application for advanced
 1282  cleanup at eligible sites, notwithstanding before funding based
 1283  on the site’s priority ranking established pursuant to s.
 1284  376.3071(5)(a), pursuant to this section. Only the facility
 1285  owner or operator or the person otherwise responsible for site
 1286  rehabilitation qualifies as an applicant under this section.
 1287         (a) Advanced cleanup applications may be submitted between
 1288  May 1 and June 30 and between November 1 and December 31 of each
 1289  fiscal year. Applications submitted between May 1 and June 30
 1290  shall be for the fiscal year beginning July 1. An application
 1291  must consist of:
 1292         1. A commitment to pay 25 percent or more of the total
 1293  cleanup cost deemed recoverable under this section along with
 1294  proof of the ability to pay the cost share. The department shall
 1295  determine whether the cost savings demonstration is acceptable.
 1296  Such determination is not subject to chapter 120.
 1297         a.Applications for the aggregate cleanup of 5 or more
 1298  sites may be submitted in one of two formats to meet the cost
 1299  share requirement:
 1300         (I)For an aggregate application proposing that the
 1301  department enter into a performance-based contract for the
 1302  cleanup of 20 or more sites may use a commitment to pay, a
 1303  demonstrated cost savings to the department, or both to meet the
 1304  cost-share requirement.
 1305         (II) For an aggregate application relying on a demonstrated
 1306  cost savings to the department, the applicant shall, in
 1307  conjunction with the proposed agency term contractor, establish
 1308  and provide in the application the percentage of cost savings in
 1309  the aggregate that is being provided to the department for
 1310  cleanup of the sites under the application compared to the cost
 1311  of cleanup of those same sites using the current rates provided
 1312  to the department by the proposed agency term contractor. The
 1313  department shall determine whether the cost savings
 1314  demonstration is acceptable. Such determination is not subject
 1315  to chapter 120.
 1316         b.Applications for the cleanup of individual sites may be
 1317  submitted in one of two formats to meet the cost-share
 1318  requirement:
 1319         (I)For an individual application proposing that the
 1320  department enter into a performance-based contract may use a
 1321  commitment to pay, a demonstrated cost savings to the
 1322  department, or both to meet the requirement.
 1323         (II)For an individual application relying on a
 1324  demonstrated cost savings to the department, the applicant
 1325  shall, in conjunction with the proposed agency term contractor,
 1326  establish and provide in the application a 25-percent cost
 1327  savings to the department for cleanup of the site under the
 1328  application compared to the cost of cleanup of the same site
 1329  using the current rates provided to the department by the
 1330  proposed agency term contractor.
 1331         2. A nonrefundable review fee of $250 to cover the
 1332  administrative costs associated with the department’s review of
 1333  the application.
 1334         3. A limited contamination assessment report.
 1335         4. A proposed course of action.
 1336         5.A department site access agreement, or similar
 1337  agreements approved by the department that do not violate state
 1338  law, entered into with the property owner or owners, as
 1339  applicable, and evidence of authorization from such owner or
 1340  owners for petroleum site rehabilitation program tasks
 1341  consistent with the proposed course of action where the
 1342  applicant is not the property owner for any of the sites
 1343  contained in the application.
 1344  
 1345  The limited contamination assessment report must be sufficient
 1346  to support the proposed course of action and to estimate the
 1347  cost of the proposed course of action. Costs incurred related to
 1348  conducting the limited contamination assessment report are not
 1349  refundable from the Inland Protection Trust Fund. Site
 1350  eligibility under this subsection or any other provision of this
 1351  section is not an entitlement to advanced cleanup or continued
 1352  restoration funding. The applicant shall certify to the
 1353  department that the applicant has the prerequisite authority to
 1354  enter into an advanced cleanup contract with the department. The
 1355  certification must be submitted with the application.
 1356         (4) The department may enter into contracts for a total of
 1357  up to $25 $15 million of advanced cleanup work in each fiscal
 1358  year. However, a facility or an applicant who bundles multiple
 1359  sites as specified in subparagraph (2)(a)1. may not be approved
 1360  for more than $5 million of cleanup activity in each fiscal
 1361  year. A property owner or responsible party may enter into a
 1362  voluntary cost-share agreement in which the property owner or
 1363  responsible party commits to bundle multiple sites and lists the
 1364  facilities that will be included in those future bundles. The
 1365  facilities listed are not subject to agency term contractor
 1366  assignment pursuant to department rule. The department reserves
 1367  the right to terminate or amend the voluntary cost-share
 1368  agreement for any identified site under the voluntary cost-share
 1369  agreement if the property owner or responsible party fails to
 1370  submit an application to bundle any site, not already covered by
 1371  an advance cleanup contract, under such voluntary cost-share
 1372  agreement within a subsequent open application period during
 1373  which it is eligible to participate. For the purposes of this
 1374  section, the term “facility” includes, but is not limited to,
 1375  multiple site facilities such as airports, port facilities, and
 1376  terminal facilities even though such enterprises may be treated
 1377  as separate facilities for other purposes under this chapter.
 1378         Section 11. This act shall take effect July 1, 2016.