Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. SB 2502
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Grimsley moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1266 and 1267
    4  insert:
    5         Section 37. In order to implement Specific Appropriation
    6  1660 of the 2018-2019 General Appropriations Act, paragraph (r)
    7  is added to subsection (4) of section 376.3071, Florida
    8  Statutes, to read:
    9         376.3071 Inland Protection Trust Fund; creation; purposes;
   10  funding.—
   11         (4) USES.—Whenever, in its determination, incidents of
   12  inland contamination related to the storage of petroleum or
   13  petroleum products may pose a threat to the public health,
   14  safety, or welfare, water resources, or the environment, the
   15  department shall obligate moneys available in the fund to
   16  provide for:
   17         (r) Notwithstanding paragraph (j), $10 million is allocated
   18  for the 2018-2019 fiscal year for the payment of the repair or
   19  the replacement of, or other preventive measures for, storage
   20  tanks, piping, or system components. Such costs may include
   21  equipment, preventive measures, excavation, electrical work,
   22  site restoration, and maintenance protocols. Owners or operators
   23  may submit an application for funding on forms developed by the
   24  department.
   25         1. The application must include:
   26         a. An affidavit by a petroleum storage system specialty
   27  contractor and supporting documentation demonstrating that the
   28  storage tank system may have been damaged or is subject to
   29  damage by incompatibility with fuel blended with ethanol or
   30  biodiesel;
   31         b. A proposed scope of work and cost; and
   32         c. For proposals to replace tanks or piping, a statement
   33  from a certified public accountant which indicates the
   34  depreciated value of the equipment. The depreciated value is the
   35  maximum allowable replacement cost. Tanks and piping that are 20
   36  years old or older are deemed to have no replacement value.
   37         2. The department must review the application for
   38  completeness, accuracy, and reasonableness of costs and scope of
   39  work. Upon approval of an application, the department must issue
   40  a purchase order to the applicant. The department may not issue
   41  a purchase order unless funds remain for the current fiscal
   42  year. The purchase order must include a deductible of 25 percent
   43  of the total cost. Except for preventative maintenance
   44  contracts, the specified work must be substantially completed
   45  within 180 days after the date of issuance of the purchase
   46  order.
   47         3. Applications shall be funded on a first-come, first
   48  served basis. Except for preventative maintenance contracts, the
   49  specified work must be substantially completed within 180 days
   50  after the date of issuance of the purchase order. After such
   51  time, the purchase order is void. An owner or operator may not
   52  cancel a preventative maintenance contract without cause.
   53  Following submission of proof to the department that the
   54  approved scope of work; or, in the case of preventative
   55  maintenance contracts, the first service event is complete; the
   56  applicant may request payment. A petroleum storage system owner
   57  or operator may not receive more than $200,000 per fiscal year
   58  for any single facility or $500,000 per fiscal year for all the
   59  facilities it owns or operates.
   60         4. Owners or operators who have incurred costs for repair,
   61  replacement, or other preventative measures as described in this
   62  paragraph from July 1, 2015, through June 30, 2018, may apply to
   63  request payment for such costs from the department using the
   64  procedure specified in this paragraph. The department may not
   65  disburse payments for approved applications for such work until
   66  all purchase orders for previously approved applications
   67  submitted after July 1, 2018, have been paid and funds remain
   68  available for the fiscal year. Such payment is subject to a
   69  deductible of 25 percent of the approved cost.
   70         5. Payment may not be provided for:
   71         a. Any costs for which an application for repair,
   72  replacement, or preventative measures is not approved in
   73  accordance with this paragraph;
   74         b. Proposal costs or costs related to preparation of the
   75  application and required documentation;
   76         c. Costs associated with the services of a certified public
   77  accountant;
   78         d. Costs associated with storage tanks, piping, or
   79  ancillary equipment that has been previously repaired or
   80  replaced with funds that have been paid pursuant to this
   81  section;
   82         e. Facilities that are not in compliance with department
   83  storage tank rules, until the facility has been brought into
   84  compliance with such rules; or
   85         f. Costs associated with damage to petroleum storage
   86  systems caused in whole or in part by causes other than the
   87  storage of fuels blended with ethanol or biodiesel.
   88         6. This paragraph does not affect the obligations of
   89  facility owners or operators or petroleum storage system owners
   90  or operators to timely comply with department rules regarding
   91  the maintenance, replacement, and repair of petroleum storage
   92  systems in order to prevent a release or discharge of
   93  pollutants. This paragraph does not prevent the department from
   94  issuing a purchase order in accordance with this paragraph based
   95  on grounds that work had commenced before the issuance of the
   96  purchase order.
   97         7. The department shall ensure that petroleum storage
   98  systems approved after July 1, 2018, meet applicable standards
   99  for compatibility for ethanol blends, biodiesel blends, and
  100  other alternative fuels that are likely to be installed in such
  101  systems.
  102         8. This paragraph expires July 1, 2019.
  104  The issuance of a site rehabilitation completion order pursuant
  105  to subsection (5) or paragraph (12)(b) for contamination
  106  eligible for programs funded by this section does not alter the
  107  project’s eligibility for state-funded remediation if the
  108  department determines that site conditions are not protective of
  109  human health under actual or proposed circumstances of exposure
  110  under subsection (5). The Inland Protection Trust Fund may be
  111  used only to fund the activities in ss. 376.30-376.317 except
  112  ss. 376.3078 and 376.3079. Amounts on deposit in the fund in
  113  each fiscal year must first be applied or allocated for the
  114  payment of amounts payable by the department pursuant to
  115  paragraph (n) under a service contract entered into by the
  116  department pursuant to s. 376.3075 and appropriated in each year
  117  by the Legislature before making or providing for other
  118  disbursements from the fund. This subsection does not authorize
  119  the use of the fund for cleanup of contamination caused
  120  primarily by a discharge of solvents as defined in s.
  121  206.9925(6), or polychlorinated biphenyls when their presence
  122  causes them to be hazardous wastes, except solvent contamination
  123  which is the result of chemical or physical breakdown of
  124  petroleum products and is otherwise eligible. Facilities used
  125  primarily for the storage of motor or diesel fuels as defined in
  126  ss. 206.01 and 206.86 are not excluded from eligibility pursuant
  127  to this section.
  129  ================= T I T L E  A M E N D M E N T ================
  130  And the title is amended as follows:
  131         Delete line 208
  132  and insert:
  133         department; amending s. 376.3071, F.S.; allocating a
  134         specified sum from the Inland Protection Trust Fund
  135         for the payment of repair, replacement, and
  136         preventative measure costs for storage tanks, piping,
  137         or system components; requiring an owner or operator
  138         to submit an application to the department to receive
  139         funding; prescribing requirements for such
  140         application; specifying requirements, restrictions,
  141         and limitations regarding applications and payments;
  142         prohibiting payments for specified expenses; providing
  143         construction; requiring to the department to ensure
  144         that petroleum storage systems approved after a
  145         specified date meet certain standards; amending s.
  146         295.23, F.S.; transferring