Florida Senate - 2017 SB 1018
By Senator Grimsley
26-00417B-17 20171018__
1 A bill to be entitled
2 An act relating to contaminated site cleanup; amending
3 s. 376.30713, F.S.; revising legislative findings;
4 providing an exception to a requirement that an
5 applicant for advanced cleanup demonstrate an ability
6 to pay cost share; requiring that the Department of
7 Environmental Protection determine whether specified
8 requirements are acceptable under certain
9 circumstances; providing that the application for the
10 cleanup of individual redevelopment sites is not
11 subject to certain application period limitations and
12 cost-share provisions; specifying the application
13 requirements for such sites; conforming provisions to
14 changes made by the act; increasing the amount per
15 year the department may use for advanced cleanup work;
16 specifying expenditure limitations; amending s.
17 376.3078, F.S.; authorizing the department to initiate
18 site assessment and remediation activities under
19 certain circumstances; providing a statement of public
20 interest; authorizing site assessments in advance of
21 site priority ranking under certain circumstances;
22 specifying criteria for sites to be eligible for such
23 assessments; specifying what must be demonstrated
24 through such assessments; specifying criteria for the
25 assignment of assessment tasks; specifying funding
26 limitations; specifying the prioritization of
27 requests; amending s. 376.86, F.S.; requiring that
28 certain funds not pledged as loan guarantees or loan
29 loss reserves be made available for certain voluntary
30 tax credit authorizations; providing an effective
31 date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Paragraphs (a) and (c) of subsection (1) and
36 subsections (2) and (4) of section 376.30713, Florida Statutes,
37 are amended to read:
38 376.30713 Advanced cleanup.—
39 (1) In addition to the legislative findings provided in s.
40 376.3071, the Legislature finds and declares:
41 (a) That the inability to conduct site rehabilitation in
42 advance of a site’s priority ranking pursuant to s.
43 376.3071(5)(a) may substantially impede or prohibit property
44 redevelopment, property transactions, or the proper completion
45 of public works projects.
46 (c) It is in the public interest and of substantial
47 economic benefit to the state to provide an opportunity for site
48 rehabilitation to be conducted on a limited basis at
49 contaminated sites, in advance of the site’s priority ranking,
50 to encourage redevelopment and facilitate property transactions
51 or public works projects.
52 (2) The department may approve an application for advanced
53 cleanup at eligible sites, notwithstanding the site’s priority
54 ranking established pursuant to s. 376.3071(5)(a), pursuant to
55 this section. Only the facility owner or operator or the person
56 otherwise responsible for site rehabilitation qualifies as an
57 applicant under this section.
58 (a) Advanced cleanup applications may be submitted between
59 May 1 and June 30 and between November 1 and December 31 of each
60 fiscal year. Applications submitted between May 1 and June 30
61 shall be for the fiscal year beginning July 1. An application
62 must consist of:
63 1. A commitment to pay 25 percent or more of the total
64 cleanup cost deemed recoverable under this section along with
65 proof of the ability to pay the cost share or a demonstration
66 that the applicant is in compliance with sub-sub-subparagraphs
67 c.(I) and (II). The department shall determine whether the cost
68 savings or compliance demonstration is acceptable. Such
69 determination is not subject to chapter 120.
70 a. Applications for the aggregate cleanup of five or more
71 sites may be submitted in one of two formats to meet the cost
72 share requirement:
73 (I) For an aggregate application proposing that the
74 department enter into a performance-based contract, the
75 applicant may use a commitment to pay, a demonstrated cost
76 savings to the department, or both to meet the requirement.
77 (II) For an aggregate application relying on a demonstrated
78 cost savings to the department, the applicant shall, in
79 conjunction with the proposed agency term contractor, establish
80 and provide in the application the percentage of cost savings in
81 the aggregate that is being provided to the department for
82 cleanup of the sites under the application compared to the cost
83 of cleanup of those same sites using the current rates provided
84 to the department by the proposed agency term contractor.
85 b. Applications for the cleanup of individual sites may be
86 submitted in one of two formats to meet the cost-share
87 requirement:
88 (I) For an individual application proposing that the
89 department enter into a performance-based contract, the
90 applicant may use a commitment to pay, a demonstrated cost
91 savings to the department, or both to meet the requirement.
92 (II) For an individual application relying on a
93 demonstrated cost savings to the department, the applicant
94 shall, in conjunction with the proposed agency term contractor,
95 establish and provide in the application a 25-percent cost
96 savings to the department for cleanup of the site under the
97 application compared to the cost of cleanup of the same site
98 using the current rates provided to the department by the
99 proposed agency term contractor.
100 2. A nonrefundable review fee of $250 to cover the
101 administrative costs associated with the department’s review of
102 the application.
103 3. A limited contamination assessment report.
104 4. A proposed course of action.
105 5. A department site access agreement, or similar
106 agreements approved by the department that do not violate state
107 law, entered into with the property owner or owners, as
108 applicable, and evidence of authorization from such owner or
109 owners for petroleum site rehabilitation program tasks
110 consistent with the proposed course of action where the
111 applicant is not the property owner for any of the sites
112 contained in the application.
113
114 The limited contamination assessment report must be sufficient
115 to support the proposed course of action and to estimate the
116 cost of the proposed course of action. Costs incurred related to
117 conducting the limited contamination assessment report are not
118 refundable from the Inland Protection Trust Fund. Site
119 eligibility under this subsection or any other provision of this
120 section is not an entitlement to advanced cleanup or continued
121 restoration funding. The applicant shall certify to the
122 department that the applicant has the prerequisite authority to
123 enter into an advanced cleanup contract with the department. The
124 certification must be submitted with the application.
125 c. Applications for the cleanup of individual redevelopment
126 sites are not subject to the application period limitations
127 specified in paragraph (a) or to the cost-share provisions in
128 paragraph (1)(d) and are accepted on a first-come, first-served
129 basis. Applications for the cleanup of individual redevelopment
130 sites must include:
131 (I) Certification that the applicant has consulted with the
132 local government having jurisdiction over the area about the
133 proposed redevelopment of the site, that the local government is
134 in agreement with or approves the proposed redevelopment, and
135 that the proposed redevelopment complies with applicable laws
136 and requirements for such redevelopment. The certification shall
137 be accomplished by referencing or providing a legally recorded
138 or officially approved land use or site plan, a development
139 order or approval, a building permit, or a similar official
140 document issued by the local government which reflects the local
141 government’s approval of the proposed redevelopment of the site
142 or by providing a letter from the local government which
143 describes the proposed redevelopment of the site and expresses
144 the local government’s agreement with or approval of the
145 proposed redevelopment.
146 (II) A demonstrated reasonable assurance that the applicant
147 has sufficient financial resources to implement and complete the
148 redevelopment project.
149 (b) The department shall rank the applications specified in
150 sub-subparagraphs (a)1.a. and b. based on the percentage of
151 cost-sharing commitment proposed by the applicant, with the
152 highest ranking given to the applicant who proposes the highest
153 percentage of cost sharing. If the department receives
154 applications that propose identical cost-sharing commitments and
155 that exceed the funds available to commit to all such proposals
156 during the advanced cleanup application period, the department
157 shall proceed to rerank those applicants. Those applicants
158 submitting identical cost-sharing proposals that exceed funding
159 availability must be so notified by the department and offered
160 the opportunity to raise their individual cost-share
161 commitments, in a period specified in the notice. At the close
162 of the period, the department shall proceed to rerank the
163 applications pursuant to this paragraph.
164 (4) The department may enter into contracts for a total of
165 up to $30 $25 million of advanced cleanup work in each fiscal
166 year. Up to $5 million of these funds may be designated for
167 cleanup of individual redevelopment sites as referenced in sub
168 subparagraph (2)(a)1.c.
169 (a) However, A facility or an applicant who bundles
170 multiple sites as specified in subparagraph (2)(a)1. may not be
171 approved for more than $5 million of cleanup activity in each
172 fiscal year.
173 (b) A facility or an applicant applying for cleanup of
174 individual redevelopment sites as referenced in sub-subparagraph
175 (2)(a)1.c. may not be approved for more than $1 million of
176 cleanup activity in each fiscal year.
177 (c) A property owner or responsible party may enter into a
178 voluntary cost-share agreement in which the property owner or
179 responsible party commits to bundle multiple sites and lists the
180 facilities that will be included in those future bundles. The
181 facilities listed are not subject to agency term contractor
182 assignment pursuant to department rule. The department reserves
183 the right to terminate or amend the voluntary cost-share
184 agreement for any identified site under the voluntary cost-share
185 agreement if the property owner or responsible party fails to
186 submit an application to bundle any site, not already covered by
187 an advance cleanup contract, under such voluntary cost-share
188 agreement within a subsequent open application period during
189 which it is eligible to participate. For the purposes of this
190 section, the term “facility” includes, but is not limited to,
191 multiple site facilities such as airports, port facilities, and
192 terminal facilities even though such enterprises may be treated
193 as separate facilities for other purposes under this chapter.
194 Section 2. Paragraph (h) of subsection (8) of section
195 376.3078, Florida Statutes, is amended, and subsection (14) is
196 added to that section, to read:
197 376.3078 Drycleaning facility restoration; funds; uses;
198 liability; recovery of expenditures.—
199 (8) SCORING SYSTEM APPLICATION.—
200 (h) Regardless of the score of a site, the department may
201 initiate site assessment and remediation activities, or
202 emergency action, for those sites that, in the judgment of the
203 department, are a threat to human health and safety, or where
204 failure to prevent migration of drycleaning solvents would cause
205 irreversible damage to the environment.
206 (14) ADVANCED SITE ASSESSMENT.—It is in the public
207 interest, and of substantial environmental and economic benefit
208 to the state, to provide an opportunity to conduct site
209 assessment on a limited basis at contaminated sites in advance
210 of the ranking of the sites on the priority list as specified in
211 subsection (8).
212 (a) A real property owner who is eligible for site
213 rehabilitation at a facility that has been determined eligible
214 for the drycleaning solvent cleanup program under this section
215 may request an advanced site assessment, and the department may
216 authorize the performance of a site assessment in advance of the
217 ranking of the site on the priority list as specified in
218 subsection (8), if the following criteria are met:
219 1. The site assessment information would provide new
220 information that would be sufficient for the department to
221 better evaluate the actual risk of the contamination, thereby
222 reducing the risk to public health and the environment;
223 2. The property owner agrees:
224 a. To implement the appropriate institutional controls
225 allowed by department rules adopted pursuant to subsection (4)
226 at the time the property owner requests the advanced site
227 assessment; and
228 b. To implement and maintain, upon completion of the
229 cleanup, the required institutional controls, or a combination
230 of institutional and engineering controls, when the site meets
231 the site rehabilitation criteria for closure with controls in
232 accordance with department rules adopted pursuant to subsection
233 (4);
234 3. Current conditions at the site allow the site assessment
235 to be conducted in a manner that will result in cost savings to
236 the Water Quality Assurance Trust Fund;
237 4. There is sufficient money in the annual Water Quality
238 Assurance Trust Fund appropriation for the drycleaning solvent
239 cleanup program to pay for the site assessment; and
240 5. In accordance with subsection (3), access to the site is
241 provided and the deductible is paid.
242 (b) A site may be assessed out of priority ranking order
243 when, at the department’s discretion, the site assessment will
244 provide a cost savings to the program.
245 (c) An advanced site assessment must incorporate risk-based
246 corrective action principles to achieve protection of human
247 health and safety and the environment in a cost-effective
248 manner, in accordance with subsection (4). The site assessment
249 must also be sufficient to estimate the cost and determine the
250 proposed course of action toward site cleanup. Advanced site
251 assessment activities performed under this subsection shall be
252 designed to affirmatively demonstrate that the site meets one of
253 the following findings based on the following specified
254 criteria:
255 1. Recommend remedial action to mitigate risks that, in the
256 judgment of the department, are a threat to human health or
257 where failure to prevent migration of drycleaning solvents would
258 cause irreversible damage to the environment;
259 2. Recommend additional groundwater monitoring to support
260 natural attenuation monitoring or long-term groundwater
261 monitoring; or
262 3. Recommend “no further action,” with or without
263 institutional controls or institutional and engineering
264 controls, for those sites that meet the “no further action”
265 criteria department rules adopted pursuant to subsection (4).
266
267 If the site does not meet one of the findings specified in
268 subparagraphs 1.-3., the department shall notify the property
269 owner in writing of this decision, and the site shall be
270 returned to its priority ranking order in accordance with its
271 score.
272 (d) Advanced site assessment program tasks shall be
273 assigned by the drycleaning solvent cleanup program. In addition
274 to the provisions in paragraph (a), the assignment of site
275 assessment tasks shall be based on the department’s
276 determination of contractor logistics, geographical
277 considerations, and other criteria that the department
278 determines are necessary to achieve the most cost-effective
279 approach.
280 (e) Available funding for advanced site assessments may not
281 exceed 10 percent of the annual Water Quality Assurance Trust
282 Fund appropriation for the drycleaning solvent cleanup program.
283 (f) The total funds committed to any one site may not
284 exceed $70,000.
285 (g) The department shall prioritize the requests for
286 advanced site assessment, based on the date of receipt and the
287 environmental and economic value to the state, until 10 percent
288 of the annual Water Quality Assurance Trust Fund appropriation,
289 as provided in paragraph (e), has been obligated.
290 Section 3. Subsection (9) is added to section 376.86,
291 Florida Statutes, to read:
292 376.86 Brownfield Areas Loan Guarantee Program.—
293 (9) Funds not pledged by the council for loan guarantees or
294 as loan loss reserves pursuant to this section must be made
295 available annually for the voluntary cleanup tax credit
296 authorizations provided in ss. 220.1845 and 376.30781. By June 1
297 of each year, the department shall determine the amount of funds
298 that will be made available for the voluntary tax credit
299 authorizations specified in this subsection.
300 Section 4. This act shall take effect July 1, 2017.