Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for SB 1018 Ì4466803Î446680 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/14/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on the Environment and Natural Resources (Grimsley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 33 - 187 4 and insert: 5 Section 1. Paragraph (h) of subsection (6) of section 6 376.3071, Florida Statutes, is amended to read: 7 376.3071 Inland Protection Trust Fund; creation; purposes; 8 funding.— 9 (6) CONTRACTING AND CONTRACTOR SELECTION REQUIREMENTS.— 10 (h) The contractor, or the person to whomwhichthe 11 contractor has assigned its right to payment pursuant to 12 paragraph (e), shall make prompt payment to subcontractors and 13 suppliers for their costs associated with an approved contract 14 pursuant to s. 287.0585, except that the contractor, or the 15 person to whom the contractor has assigned its right to payment 16 pursuant to paragraph (e), may remit payments to subcontractors 17 and suppliers within 30 working days after the contractor’s 18 receipt of payment by the department before the penalties 19 required by s. 287.0585(1) are applicable. 20 Section 2. Paragraphs (a) and (c) of subsection (1) and 21 subsections (2) and (4) of section 376.30713, Florida Statutes, 22 are amended to read: 23 376.30713 Advanced cleanup.— 24 (1) In addition to the legislative findings provided in s. 25 376.3071, the Legislature finds and declares: 26 (a) That the inability to conduct site rehabilitation in 27 advance of a site’s priority ranking pursuant to s. 28 376.3071(5)(a) may substantially impede or prohibit property 29 redevelopment, property transactions, or the proper completion 30 of public works projects. 31 (c) It is in the public interest and of substantial 32 economic benefit to the state to provide an opportunity for site 33 rehabilitation to be conducted on a limited basis at 34 contaminated sites, in advance of the site’s priority ranking, 35 to encourage redevelopment and facilitate property transactions 36 or public works projects. 37 (2) The department may approve an application for advanced 38 cleanup at eligible sites, including applications submitted 39 pursuant to paragraph (c), notwithstanding the site’s priority 40 ranking established pursuant to s. 376.3071(5)(a), pursuant to 41 this section. Only the facility owner or operator or the person 42 otherwise responsible for site rehabilitation qualifies as an 43 applicant under this section. 44 (a) Advanced cleanup applications may be submitted between 45 May 1 and June 30 and between November 1 and December 31 of each 46 fiscal year. Applications submitted between May 1 and June 30 47 shall be for the fiscal year beginning July 1. An application 48 must consist of: 49 1. A commitment to pay 25 percent or more of the total 50 cleanup cost deemed recoverable under this section along with 51 proof of the ability to pay the cost share. The department shall 52 determine whether the cost savings demonstration is acceptable. 53 Such determination is not subject to chapter 120. 54 a. Applications for the aggregate cleanup of five or more 55 sites may be submitted in one of two formats to meet the cost 56 share requirement: 57 (I) For an aggregate application proposing that the 58 department enter into a performance-based contract, the 59 applicant may use a commitment to pay, a demonstrated cost 60 savings to the department, or both to meet the requirement. 61 (II) For an aggregate application relying on a demonstrated 62 cost savings to the department, the applicant shall, in 63 conjunction with the proposed agency term contractor, establish 64 and provide in the application the percentage of cost savings in 65 the aggregate that is being provided to the department for 66 cleanup of the sites under the application compared to the cost 67 of cleanup of those same sites using the current rates provided 68 to the department by the proposed agency term contractor. 69 b. Applications for the cleanup of individual sites may be 70 submitted in one of two formats to meet the cost-share 71 requirement: 72 (I) For an individual application proposing that the 73 department enter into a performance-based contract, the 74 applicant may use a commitment to pay, a demonstrated cost 75 savings to the department, or both to meet the requirement. 76 (II) For an individual application relying on a 77 demonstrated cost savings to the department, the applicant 78 shall, in conjunction with the proposed agency term contractor, 79 establish and provide in the application a 25-percent cost 80 savings to the department for cleanup of the site under the 81 application compared to the cost of cleanup of the same site 82 using the current rates provided to the department by the 83 proposed agency term contractor. 84 2. A nonrefundable review fee of $250 to cover the 85 administrative costs associated with the department’s review of 86 the application. 87 3. A limited contamination assessment report. 88 4. A proposed course of action. 89 5. A department site access agreement, or similar 90 agreements approved by the department that do not violate state 91 law, entered into with the property owner or owners, as 92 applicable, and evidence of authorization from such owner or 93 owners for petroleum site rehabilitation program tasks 94 consistent with the proposed course of action where the 95 applicant is not the property owner for any of the sites 96 contained in the application. 97 98 The limited contamination assessment report must be sufficient 99 to support the proposed course of action and to estimate the 100 cost of the proposed course of action. Costs incurred related to 101 conducting the limited contamination assessment report are not 102 refundable from the Inland Protection Trust Fund. Site 103 eligibility under this subsection or any other provision of this 104 section is not an entitlement to advanced cleanup or continued 105 restoration funding. The applicant shall certify to the 106 department that the applicant has the prerequisite authority to 107 enter into an advanced cleanup contract with the department. The 108 certification must be submitted with the application. 109 (b) The department shall rank the applications based on the 110 percentage of cost-sharing commitment proposed by the applicant, 111 with the highest ranking given to the applicant who proposes the 112 highest percentage of cost sharing. If the department receives 113 applications that propose identical cost-sharing commitments and 114 that exceed the funds available to commit to all such proposals 115 during the advanced cleanup application period, the department 116 shall proceed to rerank those applicants. Those applicants 117 submitting identical cost-sharing proposals that exceed funding 118 availability must be so notified by the department and offered 119 the opportunity to raise their individual cost-share 120 commitments, in a period specified in the notice. At the close 121 of the period, the department shall proceed to rerank the 122 applications pursuant to this paragraph. 123 (c) Applications for the advanced cleanup of individual 124 sites scheduled for redevelopment are not subject to the 125 application period limitations or the requirement to pay 25 126 percent of the total cleanup cost specified in paragraph (a) or 127 to the cost-sharing commitment specified in paragraph (1)(d). 128 Applications must be accepted on a first-come, first-served 129 basis and are not subject to the ranking provisions of paragraph 130 (b). Applications for the advanced cleanup of individual sites 131 scheduled for redevelopment must include: 132 1. A nonrefundable review fee of $250 to cover the 133 administrative costs associated with the department’s review of 134 the application. 135 2. A limited contamination assessment report. The report 136 must be sufficient to support the proposed course of action and 137 to estimate the cost of the proposed course of action. Costs 138 incurred related to conducting and preparing the report are not 139 refundable from the Inland Protection Trust Fund. 140 3. A proposed course of action for cleanup of the site. 141 4. If the applicant is not the property owner for any of 142 the sites contained in the application, a department site access 143 agreement, or a similar agreement approved by the department and 144 not in violation of state law, entered into with the property 145 owner or owners, as applicable, and evidence of authorization 146 from such owner or owners for petroleum site rehabilitation 147 program tasks consistent with the proposed course of action. 148 5. A certification to the department stating that the 149 applicant has the prerequisite authority to enter into an 150 advanced cleanup contract with the department. The advanced 151 cleanup contract must include redevelopment and site 152 rehabilitation milestones. 153 6. Documentation, in the form of a letter from the local 154 government having jurisdiction over the area where the site is 155 located, which states that the local government is in agreement 156 with or approves the proposed redevelopment and that the 157 proposed redevelopment complies with applicable law and 158 requirements for such redevelopment. 159 7. A demonstrated reasonable assurance that the applicant 160 has sufficient financial resources to implement and complete the 161 redevelopment project. 162 163 Site eligibility under this section is not an entitlement to 164 advanced cleanup funding or continued restoration funding. 165 (4) The department may enter into contracts for a total of 166 up to $30$25million of advanced cleanup work in each fiscal 167 year. Up to $5 million of these funds may be designated by the 168 department for advanced cleanup of individual sites scheduled 169 for redevelopment under paragraph (2)(c). 170 (a)However,A facility or an applicant who bundles 171 multiple sites as specified in subparagraph (2)(a)1. may not be 172 approved for more than $5 million of cleanup activity in each 173 fiscal year. 174 (b) A facility or an applicant applying for advanced 175 cleanup of individual sites scheduled for redevelopment pursuant 176 to paragraph (2)(c) may not be approved for more than $1 million 177 of cleanup activity in any one fiscal year. 178 (c) A property owner or responsible party may enter into a 179 voluntary cost-share agreement in which the property owner or 180 responsible party commits to bundle multiple sites and lists the 181 facilities that will be included in those future bundles. The 182 facilities listed are not subject to agency term contractor 183 assignment pursuant to department rule. The department must 184 reservereservesthe right to terminate or amend the voluntary 185 cost-share agreement for any identified site under the voluntary 186 cost-share agreement if the property owner or responsible party 187 fails to submit an application to bundle any site, not already 188 covered by an advance cleanup contract, under such voluntary 189 cost-share agreement within threeasubsequent open application 190 periods or 18 months, whichever period is shorter,periodduring 191 which it is eligible to participate. The property owner or 192 responsible party must agree to conduct limited site assessments 193 on the identified sites within 12 months after the execution of 194 the voluntary cost-share agreement. For the purposes of this 195 196 ================= T I T L E A M E N D M E N T ================ 197 And the title is amended as follows: 198 Delete lines 2 - 16 199 and insert: 200 An act relating to contaminated site cleanup; amending 201 s. 376.3071, F.S.; providing an exception to prompt 202 payment requirements to subcontractors and suppliers; 203 amending s. 376.30713, F.S.; revising legislative 204 findings; specifying that applicants for advanced 205 cleanup of certain individual sites are not subject to 206 application period limitations and need not pay a 207 certain cost-sharing commitment; requiring 208 applications by such applicants to be accepted on a 209 first-come, first-served basis; providing that such 210 applications are not subject to certain ranking 211 provisions; specifying application requirements; 212 providing construction; increasing the amount per year 213 that the Department of Environmental Protection may 214 use for advanced cleanup work; specifying expenditure 215 limitations; revising duties of property owners and 216 responsible parties with respect to voluntary cost 217 share agreements; amending s.