Florida Senate - 2016                               CS for SB 92
       
       
        
       By the Committee on Appropriations; and Senator Evers
       
       
       
       
       
       576-01516-16                                            201692c1
    1                        A bill to be entitled                      
    2         An act relating to contaminated sites; amending s.
    3         376.301, F.S.; defining the terms “background
    4         concentration” and “long-term natural attenuation”;
    5         amending s. 376.30701, F.S.; exempting nonprogram
    6         petroleum-contaminated sites from the application of
    7         risk-based corrective action principles under certain
    8         circumstances; requiring the Department of
    9         Environmental Protection to include protocols for the
   10         use of long-term natural attenuation where site
   11         conditions warrant; requiring specified interactive
   12         effects of contaminants to be considered as cleanup
   13         criteria; revising how cleanup target levels are
   14         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         providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Present subsections (4) through (22) of section
   31  376.301, Florida Statutes, are redesignated as subsections (5)
   32  through (23), respectively, present subsections (23) through
   33  (48) of that section are redesignated as subsections (25)
   34  through (50), respectively, and new subsections (4) and (24) are
   35  added to that section, to read:
   36         376.301 Definitions of terms used in ss. 376.30-376.317,
   37  376.70, and 376.75.—When used in ss. 376.30-376.317, 376.70, and
   38  376.75, unless the context clearly requires otherwise, the term:
   39         (4) “Background concentration” means the concentration of
   40  contaminants naturally occurring or resulting from anthropogenic
   41  impacts unrelated to the discharge of pollutants or hazardous
   42  substances at a contaminated site undergoing site
   43  rehabilitation.
   44         (24) “Long-term natural attenuation” means natural
   45  attenuation approved by the department as a site rehabilitation
   46  program task for a period of more than 5 years.
   47         Section 2. Paragraph (b) of subsection (1) and subsection
   48  (2) of section 376.30701, Florida Statutes, are amended to read:
   49         376.30701 Application of risk-based corrective action
   50  principles to contaminated sites; applicability; legislative
   51  intent; rulemaking authority; contamination cleanup criteria;
   52  limitations; reopeners.—
   53         (1) APPLICABILITY.—
   54         (b) This section shall apply to all contaminated sites
   55  resulting from a discharge of pollutants or hazardous substances
   56  where legal responsibility for site rehabilitation exists
   57  pursuant to other provisions of this chapter or chapter 403,
   58  except for those contaminated sites subject to the risk-based
   59  corrective action cleanup criteria established for the
   60  petroleum, brownfields, and drycleaning programs pursuant to ss.
   61  376.3071, 376.81, and 376.3078, respectively. This section does
   62  not apply to nonprogram petroleum-contaminated sites unless
   63  application of this section is requested by the person
   64  responsible for site rehabilitation.
   65         (2) INTENT; RULEMAKING AUTHORITY; CLEANUP CRITERIA.—It is
   66  the intent of the Legislature to protect the health of all
   67  people under actual circumstances of exposure. By July 1, 2004,
   68  the secretary of the department shall establish criteria by rule
   69  for the purpose of determining, on a site-specific basis, the
   70  rehabilitation program tasks that comprise a site rehabilitation
   71  program, including a voluntary site rehabilitation program, and
   72  the level at which a rehabilitation program task and a site
   73  rehabilitation program may be deemed completed. In establishing
   74  these rules, the department shall apply, to the maximum extent
   75  feasible, a risk-based corrective action process to achieve
   76  protection of human health and safety and the environment in a
   77  cost-effective manner based on the principles set forth in this
   78  subsection. These rules shall prescribe a phased risk-based
   79  corrective action process that is iterative and that tailors
   80  site rehabilitation tasks to site-specific conditions and risks.
   81  The department and the person responsible for site
   82  rehabilitation are encouraged to establish decision points at
   83  which risk management decisions will be made. The department
   84  shall provide an early decision, when requested, regarding
   85  applicable exposure factors and a risk management approach based
   86  on the current and future land use at the site. These rules must
   87  shall also include protocols for the use of natural attenuation,
   88  including long-term natural attenuation where site conditions
   89  warrant, the use of institutional and engineering controls, and
   90  the issuance of “No Further Action” orders. The criteria for
   91  determining what constitutes a rehabilitation program task or
   92  completion of a site rehabilitation program task or site
   93  rehabilitation program, including a voluntary site
   94  rehabilitation program, must:
   95         (a) Consider the current exposure and potential risk of
   96  exposure to humans and the environment, including multiple
   97  pathways of exposure. The physical, chemical, and biological
   98  characteristics of each contaminant must be considered in order
   99  to determine the feasibility of a risk-based corrective action
  100  assessment.
  101         (b) Establish the point of compliance at the source of the
  102  contamination. However, the department may is authorized to
  103  temporarily move the point of compliance to the boundary of the
  104  property, or to the edge of the plume when the plume is within
  105  the property boundary, while cleanup, including cleanup through
  106  natural attenuation processes in conjunction with appropriate
  107  monitoring, is proceeding. The department may also is
  108  authorized, pursuant to criteria provided in this section, to
  109  temporarily extend the point of compliance beyond the property
  110  boundary with appropriate monitoring, if such extension is
  111  needed to facilitate natural attenuation or to address the
  112  current conditions of the plume, provided human health, public
  113  safety, and the environment are protected. When temporarily
  114  extending the point of compliance beyond the property boundary,
  115  it cannot be extended further than the lateral extent of the
  116  plume, if known, at the time of execution of a cleanup
  117  agreement, if required, or the lateral extent of the plume as
  118  defined at the time of site assessment. Temporary extension of
  119  the point of compliance beyond the property boundary, as
  120  provided in this paragraph, must include actual notice by the
  121  person responsible for site rehabilitation to local governments
  122  and the owners of any property into which the point of
  123  compliance is allowed to extend and constructive notice to
  124  residents and business tenants of the property into which the
  125  point of compliance is allowed to extend. Persons receiving
  126  notice pursuant to this paragraph shall have the opportunity to
  127  comment within 30 days after receipt of the notice. Additional
  128  notice concerning the status of natural attenuation processes
  129  shall be similarly provided to persons receiving notice pursuant
  130  to this paragraph every 5 years.
  131         (c) Ensure that the site-specific cleanup goal is that all
  132  contaminated sites being cleaned up pursuant to this section
  133  ultimately achieve the applicable cleanup target levels provided
  134  in this subsection. In the circumstances provided in this
  135  subsection, and after constructive notice and opportunity to
  136  comment within 30 days after receipt of the notice to local
  137  government, owners of any property into which the point of
  138  compliance is allowed to extend, and residents of any property
  139  into which the point of compliance is allowed to extend, the
  140  department may allow concentrations of contaminants to
  141  temporarily exceed the applicable cleanup target levels while
  142  cleanup, including cleanup through natural attenuation processes
  143  in conjunction with appropriate monitoring, is proceeding, if
  144  human health, public safety, and the environment are protected.
  145         (d) Allow the use of institutional or engineering controls
  146  at contaminated sites being cleaned up pursuant to this section,
  147  where appropriate, to eliminate or control the potential
  148  exposure to contaminants of humans or the environment. The use
  149  of controls must be preapproved by the department and only after
  150  constructive notice and opportunity to comment within 30 days
  151  after receipt of notice is provided to local governments, owners
  152  of any property into which the point of compliance is allowed to
  153  extend, and residents on any property into which the point of
  154  compliance is allowed to extend. When institutional or
  155  engineering controls are implemented to control exposure, the
  156  removal of the controls must have prior department approval and
  157  must be accompanied by the resumption of active cleanup, or
  158  other approved controls, unless cleanup target levels under this
  159  section have been achieved.
  160         (e) Consider the interactive additive effects of
  161  contaminants, including additive, synergistic, and antagonistic
  162  effects. The synergistic and antagonistic effects shall also be
  163  considered when the scientific data become available.
  164         (f) Take into consideration individual site
  165  characteristics, which shall include, but not be limited to, the
  166  current and projected use of the affected groundwater and
  167  surface water in the vicinity of the site, current and projected
  168  land uses of the area affected by the contamination, the exposed
  169  population, the degree and extent of contamination, the rate of
  170  contaminant migration, the apparent or potential rate of
  171  contaminant degradation through natural attenuation processes,
  172  the location of the plume, and the potential for further
  173  migration in relation to site property boundaries.
  174         (g) Apply state water quality standards as follows:
  175         1. Cleanup target levels for each contaminant found in
  176  groundwater shall be the applicable state water quality
  177  standards. Where such standards do not exist, the cleanup target
  178  levels for groundwater shall be based on the minimum criteria
  179  specified in department rule. The department shall apply the
  180  following, as appropriate, in establishing the applicable
  181  cleanup target levels: calculations using a lifetime cancer risk
  182  level of 1.0E-6; a hazard index of 1 or less; the best
  183  achievable detection limit; and nuisance, organoleptic, and
  184  aesthetic considerations. However, the department may shall not
  185  require site rehabilitation to achieve a cleanup target level
  186  for any individual contaminant that is more stringent than the
  187  site-specific, naturally occurring background concentration for
  188  that contaminant.
  189         2. Where surface waters are exposed to contaminated
  190  groundwater, the cleanup target levels for the contaminants must
  191  shall be based on the more protective of the groundwater or
  192  surface water standards as established by department rule,
  193  unless it has been demonstrated that the contaminants do not
  194  cause or contribute to the exceedance of applicable surface
  195  water quality criteria. In such circumstance, the point of
  196  measuring compliance with the surface water standards shall be
  197  in the groundwater immediately adjacent to the surface water
  198  body.
  199         3. Using risk-based corrective action principles, the
  200  department shall approve alternative cleanup target levels in
  201  conjunction with institutional and engineering controls, if
  202  needed, based upon an applicant’s demonstration, using site
  203  specific or other relevant data and information, risk assessment
  204  modeling results, including results from probabilistic risk
  205  assessment modeling, risk assessment studies, risk reduction
  206  techniques, or a combination thereof, that human health, public
  207  safety, and the environment are protected to the same degree as
  208  provided in subparagraphs 1. and 2. Where a state water quality
  209  standard is applicable, a deviation may not result in the
  210  application of cleanup target levels more stringent than the
  211  standard. In determining whether it is appropriate to establish
  212  alternative cleanup target levels at a site, the department must
  213  consider the effectiveness of source removal, if any, that has
  214  been completed at the site and the practical likelihood of the
  215  use of low yield or poor quality groundwater, the use of
  216  groundwater near marine surface water bodies, the current and
  217  projected use of the affected groundwater in the vicinity of the
  218  site, or the use of groundwater in the immediate vicinity of the
  219  contaminated area, where it has been demonstrated that the
  220  groundwater contamination is not migrating away from such
  221  localized source, provided human health, public safety, and the
  222  environment are protected. Groundwater resource protection
  223  remains the ultimate goal of cleanup, particularly in light of
  224  the state’s continued growth and consequent demands for drinking
  225  water resources. The Legislature recognizes the need for a
  226  protective yet flexible cleanup approach that risk-based
  227  corrective action provides. Only where it is appropriate on a
  228  site-specific basis, using the criteria in this paragraph and
  229  careful evaluation by the department, shall proposed alternative
  230  cleanup target levels be approved. If alternative cleanup target
  231  levels are used, institutional controls are not required if:
  232         a. The only cleanup target levels exceeded are the
  233  groundwater cleanup target levels derived from nuisance,
  234  organoleptic, or aesthetic considerations;
  235         b. Concentrations of all contaminants meet the state water
  236  quality standards or the minimum criteria, based on the
  237  protection of human health, public safety, and the environment,
  238  as provided in subparagraph 1.;
  239         c. All of the groundwater cleanup target levels established
  240  pursuant to subparagraph 1. are met at the property boundary;
  241         d. The person responsible for site rehabilitation has
  242  demonstrated that the contaminants will not migrate beyond the
  243  property boundary at concentrations that exceed the groundwater
  244  cleanup target levels established pursuant to subparagraph 1.;
  245         e. The property has access to and is using an offsite water
  246  supply, and an unplugged private well is not used for domestic
  247  purposes; and
  248         f. The real property owner does not object to the “No
  249  Further Action” proposal to the department or the local
  250  pollution control program.
  251         (h) Provide for the department to issue a “No Further
  252  Action” order, with conditions, including, but not limited to,
  253  the use of institutional or engineering controls where
  254  appropriate, when alternative cleanup target levels established
  255  pursuant to subparagraph (g)3. have been achieved or when the
  256  person responsible for site rehabilitation can demonstrate that
  257  the cleanup target level is unachievable with the use of
  258  available technologies. Before Prior to issuing such an order,
  259  the department shall consider the feasibility of an alternative
  260  site rehabilitation technology at the contaminated site.
  261         (i) Establish appropriate cleanup target levels for soils.
  262  Although there are existing state water quality standards, there
  263  are no existing state soil quality standards. The Legislature
  264  does not intend, through the adoption of this section, to create
  265  such soil quality standards. The specific rulemaking authority
  266  granted pursuant to this section merely authorizes the
  267  department to establish appropriate soil cleanup target levels.
  268  These soil cleanup target levels shall be applicable at sites
  269  only after a determination as to legal responsibility for site
  270  rehabilitation has been made pursuant to other provisions of
  271  this chapter or chapter 403.
  272         1. In establishing soil cleanup target levels for human
  273  exposure to each contaminant found in soils from the land
  274  surface to 2 feet below land surface, the department shall apply
  275  the following, as appropriate: calculations using a lifetime
  276  cancer risk level of 1.0E-6; a hazard index of 1 or less; and
  277  the best achievable detection limit. However, the department may
  278  shall not require site rehabilitation to achieve a cleanup
  279  target level for an individual contaminant that is more
  280  stringent than the site-specific, naturally occurring background
  281  concentration for that contaminant. Institutional controls or
  282  other methods shall be used to prevent human exposure to
  283  contaminated soils more than 2 feet below the land surface. Any
  284  removal of such institutional controls shall require such
  285  contaminated soils to be remediated.
  286         2. Leachability-based soil cleanup target levels shall be
  287  based on protection of the groundwater cleanup target levels or
  288  the alternate cleanup target levels for groundwater established
  289  pursuant to this paragraph, as appropriate. Source removal and
  290  other cost-effective alternatives that are technologically
  291  feasible shall be considered in achieving the leachability soil
  292  cleanup target levels established by the department. The
  293  leachability goals are shall not be applicable if the department
  294  determines, based upon individual site characteristics, and in
  295  conjunction with institutional and engineering controls, if
  296  needed, that contaminants will not leach into the groundwater at
  297  levels that pose a threat to human health, public safety, and
  298  the environment.
  299         3. Using risk-based corrective action principles, the
  300  department shall approve alternative cleanup target levels in
  301  conjunction with institutional and engineering controls, if
  302  needed, based upon an applicant’s demonstration, using site
  303  specific or other relevant data and information, risk assessment
  304  modeling results, including results from probabilistic risk
  305  assessment modeling, risk assessment studies, risk reduction
  306  techniques, or a combination thereof, that human health, public
  307  safety, and the environment are protected to the same degree as
  308  provided in subparagraphs 1. and 2.
  309  
  310  The department shall require source removal as a risk reduction
  311  measure if warranted and cost-effective. Once source removal at
  312  a site is complete, the department shall reevaluate the site to
  313  determine the degree of active cleanup needed to continue.
  314  Further, the department shall determine if the reevaluated site
  315  qualifies for monitoring only or if no further action is
  316  required to rehabilitate the site. If additional site
  317  rehabilitation is necessary to reach “No Further Action” status,
  318  the department is encouraged to utilize natural attenuation
  319  monitoring, including long-term natural attenuation and
  320  monitoring, where site conditions warrant.
  321         Section 3. Present subsections (3) through (11) of section
  322  376.79, Florida Statutes, are redesignated as subsections (4)
  323  through (12), respectively, present subsections (12) through
  324  (19) are redesignated as subsections (14) through (21),
  325  respectively, and new subsections (3) and (13) are added to that
  326  section, to read:
  327         376.79 Definitions relating to Brownfields Redevelopment
  328  Act.—As used in ss. 376.77-376.85, the term:
  329         (3) “Background concentration” means the concentration of
  330  contaminants naturally occurring or resulting from anthropogenic
  331  impacts unrelated to the discharge of pollutants or hazardous
  332  substances at a contaminated site undergoing site
  333  rehabilitation.
  334         (13) “Long-term natural attenuation” means natural
  335  attenuation approved by the department as a site rehabilitation
  336  program task for a period of more than 5 years.
  337         Section 4. Section 376.81, Florida Statutes, is amended to
  338  read:
  339         376.81 Brownfield site and brownfield areas contamination
  340  cleanup criteria.—
  341         (1) It is the intent of the Legislature to protect the
  342  health of all people under actual circumstances of exposure. By
  343  July 1, 2001, the secretary of the department shall establish
  344  criteria by rule for the purpose of determining, on a site
  345  specific basis, the rehabilitation program tasks that comprise a
  346  site rehabilitation program and the level at which a
  347  rehabilitation program task and a site rehabilitation program
  348  may be deemed completed. In establishing the rule, the
  349  department shall apply, to the maximum extent feasible, a risk
  350  based corrective action process to achieve protection of human
  351  health and safety and the environment in a cost-effective manner
  352  based on the principles set forth in this subsection. The rule
  353  must prescribe a phased risk-based corrective action process
  354  that is iterative and that tailors site rehabilitation tasks to
  355  site-specific conditions and risks. The department and the
  356  person responsible for brownfield site rehabilitation are
  357  encouraged to establish decision points at which risk management
  358  decisions will be made. The department shall provide an early
  359  decision, when requested, regarding applicable exposure factors
  360  and a risk management approach based on the current and future
  361  land use at the site. The rule must shall also include protocols
  362  for the use of natural attenuation, including long-term natural
  363  attenuation where site conditions warrant, the use of
  364  institutional and engineering controls, and the issuance of “no
  365  further action” letters. The criteria for determining what
  366  constitutes a rehabilitation program task or completion of a
  367  site rehabilitation program task or site rehabilitation program
  368  must:
  369         (a) Consider the current exposure and potential risk of
  370  exposure to humans and the environment, including multiple
  371  pathways of exposure. The physical, chemical, and biological
  372  characteristics of each contaminant must be considered in order
  373  to determine the feasibility of risk-based corrective action
  374  assessment.
  375         (b) Establish the point of compliance at the source of the
  376  contamination. However, the department may is authorized to
  377  temporarily move the point of compliance to the boundary of the
  378  property, or to the edge of the plume when the plume is within
  379  the property boundary, while cleanup, including cleanup through
  380  natural attenuation processes in conjunction with appropriate
  381  monitoring, is proceeding. The department may also is
  382  authorized, pursuant to criteria provided for in this section,
  383  to temporarily extend the point of compliance beyond the
  384  property boundary with appropriate monitoring, if such extension
  385  is needed to facilitate natural attenuation or to address the
  386  current conditions of the plume, provided human health, public
  387  safety, and the environment are protected. When temporarily
  388  extending the point of compliance beyond the property boundary,
  389  it cannot be extended further than the lateral extent of the
  390  plume at the time of execution of the brownfield site
  391  rehabilitation agreement, if known, or the lateral extent of the
  392  plume as defined at the time of site assessment. Temporary
  393  extension of the point of compliance beyond the property
  394  boundary, as provided in this paragraph, must include actual
  395  notice by the person responsible for brownfield site
  396  rehabilitation to local governments and the owners of any
  397  property into which the point of compliance is allowed to extend
  398  and constructive notice to residents and business tenants of the
  399  property into which the point of compliance is allowed to
  400  extend. Persons receiving notice pursuant to this paragraph
  401  shall have the opportunity to comment within 30 days of receipt
  402  of the notice.
  403         (c) Ensure that the site-specific cleanup goal is that all
  404  contaminated brownfield sites and brownfield areas ultimately
  405  achieve the applicable cleanup target levels provided in this
  406  section. In the circumstances provided below, and after
  407  constructive notice and opportunity to comment within 30 days
  408  from receipt of the notice to local government, to owners of any
  409  property into which the point of compliance is allowed to
  410  extend, and to residents on any property into which the point of
  411  compliance is allowed to extend, the department may allow
  412  concentrations of contaminants to temporarily exceed the
  413  applicable cleanup target levels while cleanup, including
  414  cleanup through natural attenuation processes in conjunction
  415  with appropriate monitoring, is proceeding, if human health,
  416  public safety, and the environment are protected.
  417         (d) Allow brownfield site and brownfield area
  418  rehabilitation programs to include the use of institutional or
  419  engineering controls, where appropriate, to eliminate or control
  420  the potential exposure to contaminants of humans or the
  421  environment. The use of controls must be preapproved by the
  422  department and only after constructive notice and opportunity to
  423  comment within 30 days from receipt of notice is provided to
  424  local governments, to owners of any property into which the
  425  point of compliance is allowed to extend, and to residents on
  426  any property into which the point of compliance is allowed to
  427  extend. When institutional or engineering controls are
  428  implemented to control exposure, the removal of the controls
  429  must have prior department approval and must be accompanied by
  430  the resumption of active cleanup, or other approved controls,
  431  unless cleanup target levels under this section have been
  432  achieved.
  433         (e) Consider the interactive additive effects of
  434  contaminants, including additive, synergistic, and antagonistic
  435  effects. The synergistic and antagonistic effects shall also be
  436  considered when the scientific data become available.
  437         (f) Take into consideration individual site
  438  characteristics, which shall include, but not be limited to, the
  439  current and projected use of the affected groundwater and
  440  surface water in the vicinity of the site, current and projected
  441  land uses of the area affected by the contamination, the exposed
  442  population, the degree and extent of contamination, the rate of
  443  contaminant migration, the apparent or potential rate of
  444  contaminant degradation through natural attenuation processes,
  445  the location of the plume, and the potential for further
  446  migration in relation to site property boundaries.
  447         (g) Apply state water quality standards as follows:
  448         1. Cleanup target levels for each contaminant found in
  449  groundwater shall be the applicable state water quality
  450  standards. Where such standards do not exist, the cleanup target
  451  levels for groundwater shall be based on the minimum criteria
  452  specified in department rule. The department shall apply the
  453  following, as appropriate, in establishing the applicable
  454  cleanup target levels: calculations using a lifetime cancer risk
  455  level of 1.0E-6; a hazard index of 1 or less; the best
  456  achievable detection limit; and nuisance, organoleptic, and
  457  aesthetic considerations. However, the department may shall not
  458  require site rehabilitation to achieve a cleanup target level
  459  for any individual contaminant which is more stringent than the
  460  site-specific, naturally occurring background concentration for
  461  that contaminant.
  462         2. Where surface waters are exposed to contaminated
  463  groundwater, the cleanup target levels for the contaminants must
  464  shall be based on the more protective of the groundwater or
  465  surface water standards as established by department rule,
  466  unless it has been demonstrated that the contaminants do not
  467  cause or contribute to the exceedance of applicable surface
  468  water quality criteria. In such circumstances, the point of
  469  measuring compliance with the surface water standards shall be
  470  in the groundwater immediately adjacent to the surface water
  471  body.
  472         3. Using risk-based corrective action principles, the
  473  department shall approve alternative cleanup target levels in
  474  conjunction with institutional and engineering controls, if
  475  needed, based upon an applicant’s demonstration, using site
  476  specific or other relevant data and information, risk assessment
  477  modeling results, including results from probabilistic risk
  478  assessment modeling, risk assessment studies, risk reduction
  479  techniques, or a combination thereof, that human health, public
  480  safety, and the environment are protected to the same degree as
  481  provided in subparagraphs 1. and 2. Where a state water quality
  482  standard is applicable, a deviation may not result in the
  483  application of cleanup target levels more stringent than the
  484  standard. In determining whether it is appropriate to establish
  485  alternative cleanup target levels at a site, the department must
  486  consider the effectiveness of source removal, if any, which has
  487  been completed at the site and the practical likelihood of the
  488  use of low yield or poor quality groundwater, the use of
  489  groundwater near marine surface water bodies, the current and
  490  projected use of the affected groundwater in the vicinity of the
  491  site, or the use of groundwater in the immediate vicinity of the
  492  contaminated area, where it has been demonstrated that the
  493  groundwater contamination is not migrating away from such
  494  localized source, provided human health, public safety, and the
  495  environment are protected. When using alternative cleanup target
  496  levels at a brownfield site, institutional controls are shall
  497  not be required if:
  498         a. The only cleanup target levels exceeded are the
  499  groundwater cleanup target levels derived from nuisance,
  500  organoleptic, or aesthetic considerations;
  501         b. Concentrations of all contaminants meet the state water
  502  quality standards or the minimum criteria, based on the
  503  protection of human health, provided in subparagraph 1.;
  504         c. All of the groundwater cleanup target levels established
  505  pursuant to subparagraph 1. are met at the property boundary;
  506         d. The person responsible for brownfield site
  507  rehabilitation has demonstrated that the contaminants will not
  508  migrate beyond the property boundary at concentrations exceeding
  509  the groundwater cleanup target levels established pursuant to
  510  subparagraph 1.;
  511         e. The property has access to and is using an offsite water
  512  supply and no unplugged private wells are used for domestic
  513  purposes; and
  514         f. The real property owner provides written acceptance of
  515  the “no further action” proposal to the department or the local
  516  pollution control program.
  517         (h) Provide for the department to issue a “no further
  518  action order,” with conditions, including, but not limited to,
  519  the use of institutional or engineering controls where
  520  appropriate, when alternative cleanup target levels established
  521  pursuant to subparagraph (g)3. have been achieved, or when the
  522  person responsible for brownfield site rehabilitation can
  523  demonstrate that the cleanup target level is unachievable within
  524  available technologies. Before Prior to issuing such an order,
  525  the department shall consider the feasibility of an alternative
  526  site rehabilitation technology at in the brownfield site area.
  527         (i) Establish appropriate cleanup target levels for soils.
  528         1. In establishing soil cleanup target levels for human
  529  exposure to each contaminant found in soils from the land
  530  surface to 2 feet below land surface, the department shall apply
  531  the following, as appropriate: calculations using a lifetime
  532  cancer risk level of 1.0E-6; a hazard index of 1 or less; and
  533  the best achievable detection limit. However, the department may
  534  shall not require site rehabilitation to achieve a cleanup
  535  target level for an individual contaminant which is more
  536  stringent than the site-specific, naturally occurring background
  537  concentration for that contaminant. Institutional controls or
  538  other methods shall be used to prevent human exposure to
  539  contaminated soils more than 2 feet below the land surface. Any
  540  removal of such institutional controls shall require such
  541  contaminated soils to be remediated.
  542         2. Leachability-based soil cleanup target levels shall be
  543  based on protection of the groundwater cleanup target levels or
  544  the alternate cleanup target levels for groundwater established
  545  pursuant to this paragraph, as appropriate. Source removal and
  546  other cost-effective alternatives that are technologically
  547  feasible shall be considered in achieving the leachability soil
  548  cleanup target levels established by the department. The
  549  leachability goals are shall not be applicable if the department
  550  determines, based upon individual site characteristics, and in
  551  conjunction with institutional and engineering controls, if
  552  needed, that contaminants will not leach into the groundwater at
  553  levels that pose a threat to human health, public safety, and
  554  the environment.
  555         3. Using risk-based corrective action principles, the
  556  department shall approve alternative cleanup target levels in
  557  conjunction with institutional and engineering controls, if
  558  needed, based upon an applicant’s demonstration, using site-
  559  specific or other relevant data and information, risk assessment
  560  modeling results, including results from probabilistic risk
  561  assessment modeling, risk assessment studies, risk reduction
  562  techniques, or a combination thereof, that human health, public
  563  safety, and the environment are protected to the same degree as
  564  provided in subparagraphs 1. and 2.
  565         (2) The department shall require source removal, as a risk
  566  reduction measure, if warranted and cost-effective. Once source
  567  removal at a site is complete, the department shall reevaluate
  568  the site to determine the degree of active cleanup needed to
  569  continue. Further, the department shall determine if the
  570  reevaluated site qualifies for monitoring only or if no further
  571  action is required to rehabilitate the site. If additional site
  572  rehabilitation is necessary to reach “no further action” status,
  573  the department is encouraged to utilize natural attenuation
  574  monitoring, including long-term natural attenuation and
  575  monitoring, where site conditions warrant.
  576         (3) The cleanup criteria described in this section govern
  577  only site rehabilitation activities occurring at the
  578  contaminated site. Removal of contaminated media from a site for
  579  offsite relocation or treatment must be in accordance with all
  580  applicable federal, state, and local laws and regulations.
  581         Section 5. Subsection (3) of section 196.1995, Florida
  582  Statutes, is amended to read:
  583         196.1995 Economic development ad valorem tax exemption.—
  584         (3) The board of county commissioners or the governing
  585  authority of the municipality that calls a referendum within its
  586  total jurisdiction to determine whether its respective
  587  jurisdiction may grant economic development ad valorem tax
  588  exemptions may vote to limit the effect of the referendum to
  589  authority to grant economic development tax exemptions for new
  590  businesses and expansions of existing businesses located in an
  591  enterprise zone or a brownfield area, as defined in s. 376.79(5)
  592  s. 376.79(4). If an area nominated to be an enterprise zone
  593  pursuant to s. 290.0055 has not yet been designated pursuant to
  594  s. 290.0065, the board of county commissioners or the governing
  595  authority of the municipality may call such referendum prior to
  596  such designation; however, the authority to grant economic
  597  development ad valorem tax exemptions does not apply until such
  598  area is designated pursuant to s. 290.0065. The ballot question
  599  in such referendum shall be in substantially the following form
  600  and shall be used in lieu of the ballot question prescribed in
  601  subsection (2):
  602  
  603  Shall the board of county commissioners of this county (or the
  604  governing authority of this municipality, or both) be authorized
  605  to grant, pursuant to s. 3, Art. VII of the State Constitution,
  606  property tax exemptions for new businesses and expansions of
  607  existing businesses that are located in an enterprise zone or a
  608  brownfield area and that are expected to create new, full-time
  609  jobs in the county (or municipality, or both)?
  610  
  611         ....Yes—For authority to grant exemptions.
  612         ....No—Against authority to grant exemptions.
  613         Section 6. Paragraph (a) of subsection (1) of section
  614  287.0595, Florida Statutes, is amended to read:
  615         287.0595 Pollution response action contracts; department
  616  rules.—
  617         (1) The Department of Environmental Protection shall
  618  establish, by adopting administrative rules as provided in
  619  chapter 120:
  620         (a) Procedures for determining the qualifications of
  621  responsible potential vendors prior to advertisement for and
  622  receipt of bids, proposals, or replies for pollution response
  623  action contracts, including procedures for the rejection of
  624  unqualified vendors. Response actions are those activities
  625  described in s. 376.301(39) s. 376.301(37).
  626         Section 7. Paragraph (c) of subsection (5) of section
  627  288.1175, Florida Statutes, is amended to read:
  628         288.1175 Agriculture education and promotion facility.—
  629         (5) The Department of Agriculture and Consumer Services
  630  shall competitively evaluate applications for funding of an
  631  agriculture education and promotion facility. If the number of
  632  applicants exceeds three, the Department of Agriculture and
  633  Consumer Services shall rank the applications based upon
  634  criteria developed by the Department of Agriculture and Consumer
  635  Services, with priority given in descending order to the
  636  following items:
  637         (c) The location of the facility in a brownfield site as
  638  defined in s. 376.79(4) s. 376.79(3), a rural enterprise zone as
  639  defined in s. 290.004, an agriculturally depressed area as
  640  defined in s. 570.74, or a county that has lost its agricultural
  641  land to environmental restoration projects.
  642         Section 8. This act shall take effect July 1, 2016.