Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 702
Ì1538162Î153816
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/27/2020 .
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The Committee on Environment and Natural Resources (Albritton)
recommended the following:
1 Senate Amendment (with directory amendment)
2
3 Delete lines 28 - 76
4 and insert:
5 implement a cost-sharing cleanup program to provide
6 rehabilitation funding assistance for all property contaminated
7 by discharges of petroleum or petroleum products from a
8 petroleum storage system occurring before January 1, 1995,
9 subject to a copayment provided for in a Petroleum Cleanup
10 Participation Program site rehabilitation agreement. Eligibility
11 is subject to an annual appropriation from the fund.
12 Additionally, funding for eligible sites is contingent upon
13 annual appropriation in subsequent years. Such continued state
14 funding is not an entitlement or a vested right under this
15 subsection. Eligibility shall be determined in the program,
16 notwithstanding any other provision of law, consent order,
17 order, judgment, or ordinance to the contrary.
18 (a)1. The department shall accept any discharge reporting
19 form received before January 1, 1995, as an application for this
20 program, and the facility owner or operator need not reapply.
21 2. Regardless of whether ownership has changed, owners or
22 operators of property that is contaminated by petroleum or
23 petroleum products from a petroleum storage system may apply for
24 such program by filing a written report of the contamination
25 incident, including evidence that such incident occurred before
26 January 1, 1995, with the department. Incidents of petroleum
27 contamination discovered after December 31, 1994, at sites which
28 have not stored petroleum or petroleum products for consumption,
29 use, or sale after such date shall be presumed to have occurred
30 before January 1, 1995. An operator’s filed report shall be an
31 application of the owner for all purposes.
32 (b) Subject to annual appropriation from the fund, sites
33 meeting the criteria of this subsection are eligible for up to
34 $400,000 of site rehabilitation funding assistance in priority
35 order pursuant to subsections (5) and (6). Sites meeting the
36 criteria of this subsection for which a site rehabilitation
37 completion order was issued before June 1, 2008, do not qualify
38 for the 2008 increase in site rehabilitation funding assistance
39 and are bound by the pre-June 1, 2008, limits. Sites meeting the
40 criteria of this subsection for which a site rehabilitation
41 completion order was not issued before June 1, 2008, regardless
42 of whether they have previously transitioned to nonstate-funded
43 cleanup status, may continue state-funded cleanup pursuant to
44 this section until a site rehabilitation completion order is
45 issued or the increased site rehabilitation funding assistance
46 limit is reached, whichever occurs first. The department may not
47 pay expenses incurred beyond the scope of an approved contract.
48 (c) The department may also approve supplemental funding of
49 up to $100,000 for additional remediation and monitoring if such
50 remediation and monitoring is necessary to achieve a
51 determination of “No Further Action.”
52 (d) Upon notification by the department that rehabilitation
53 funding assistance is available for the site pursuant to
54 subsections (5) and (6), the property owner, operator, or person
55 otherwise responsible for site rehabilitation shall provide the
56 department with a limited contamination assessment report and
57 shall enter into a Petroleum Cleanup Participation Program site
58 rehabilitation agreement with the department. The limited
59 contamination assessment report must be sufficient to support
60 the proposed course of action and to estimate the cost of the
61 proposed course of action. The agreement must provide for a 25
62 percent cost savings to the department, a copayment by the
63 owner, operator, or person otherwise responsible for conducting
64 site rehabilitation, or a combination of cost savings and a
65 copayment. Cost savings to the department may be demonstrated in
66 the form of reduced rates by the proposed agency term contractor
67 or the difference in cost associated with a Risk Management
68 Options Level I closure versus a Risk Management Options Level
69 II closure. For the purpose of this paragraph, the term:
70 1. “Risk Management Options Level I” means a “No Further
71 Action” closure without institutional controls or without
72 institutional and engineering controls. This closure option
73 applies subject to conditions in department rules and
74 agreements.
75 2. “Risk Management Options Level II” means a “No Further
76 Action” closure where institutional controls and, if
77 appropriate, engineering controls apply if the controls are
78 protective of human health, public safety, and the environment.
79 This closure option applies subject to conditions in department
80 rules and agreements. The owner, operator, or person otherwise
81 responsible for conducting site rehabilitation shall adequately
82 demonstrate the ability to meet the copayment obligation. The
83 limited contamination assessment report and the copayment costs
84 may be reduced or eliminated if the owner and all operators
85 responsible for restoration under s. 376.308 demonstrate that
86 they cannot financially comply with the copayment and limited
87 contamination assessment report requirements. The department
88 shall take into consideration the owner’s and operator’s net
89 worth in making the determination of financial ability. In the
90 event the department and the owner, operator, or person
91 otherwise responsible for site rehabilitation cannot complete
92 negotiation of the cost-sharing agreement within 120 days after
93 beginning negotiations, the department shall terminate
94 negotiations and the site shall be ineligible for state funding
95 under this subsection and all liability protections provided for
96 in this subsection shall be revoked.
97 (e) A report of a discharge made to the department by a
98 person pursuant to this subsection or any rules adopted pursuant
99 to this subsection may not be used directly as evidence of
100 liability for such discharge in any civil or criminal trial
101 arising out of the discharge.
102 (f) This subsection does not preclude the department from
103 pursuing penalties under s. 403.141 for violations of any law or
104 any rule, order, permit, registration, or certification adopted
105 or issued by the department pursuant to its lawful authority.
106 (g) Upon the filing of a discharge reporting form under
107 paragraph (a), the department or local government may not pursue
108 any judicial or enforcement action to compel rehabilitation of
109 the discharge. This paragraph does not prevent any such action
110 with respect to discharges determined ineligible under this
111 subsection or to sites for which rehabilitation funding
112 assistance is available pursuant to subsections (5) and (6).
113 (h) The following are excluded from participation in the
114 program:
115 1. Sites at which the department has been denied reasonable
116 site access to implement this section.
117 2. Sites that were active facilities when owned or operated
118 by the Federal Government.
119 3. Sites that are identified by the United States
120 Environmental Protection Agency to be on, or which qualify for
121 listing on, the National Priorities List under Superfund. This
122 exception does not apply to those sites for which eligibility
123 has been requested or granted as of the effective date of this
124 act under the Early Detection Incentive Program established
125 pursuant to s. 15, chapter 86-159, Laws of Florida.
126 4. Sites for which contamination is covered under the Early
127 Detection Incentive Program, the Abandoned Tank Restoration
128 Program, or the Petroleum Liability and Restoration Insurance
129 Program, in which case site rehabilitation funding assistance
130 shall continue under the respective program.
131 Section 2. Subsection (2) of section 376.30713, Florida
132 Statutes, is amended to read:
133
134 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
135 And the directory clause is amended as follows:
136 Delete line 20
137 and insert:
138 Section 1. Subsection (13) of section