Bill Text: FL S0100 | 2016 | Regular Session | Enrolled
Bill Title: Pollution Discharge Removal and Prevention
Spectrum: Bipartisan Bill
Status: (Passed) 2016-04-06 - Chapter No. 2016-184 [S0100 Detail]
Download: Florida-2016-S0100-Enrolled.html
ENROLLED 2016 Legislature CS for SB 100, 2nd Engrossed 2016100er 1 2 An act relating to pollution discharge removal and 3 prevention; amending s. 376.301, F.S.; defining the 4 terms “background concentration” and “long-term 5 natural attenuation”; amending s. 376.30701, F.S.; 6 exempting nonprogram petroleum-contaminated sites from 7 the application of risk-based corrective action 8 principles under certain circumstances; requiring the 9 Department of Environmental Protection to include 10 protocols for the use of long-term natural attenuation 11 where site conditions warrant; requiring specified 12 interactive effects of contaminants to be considered 13 as cleanup criteria; revising how cleanup target 14 levels are 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 amending s. 376.305, F.S.; revising the eligibility 27 requirements of the Abandoned Tank Restoration 28 Program; deleting provisions prohibiting the relief of 29 liability for persons who acquired title after a 30 certain date; amending s. 376.3071, F.S.; revising 31 legislative intent and purpose; deleting an expiration 32 date; revising the criteria for determining what 33 constitutes certain rehabilitation program tasks; 34 revising the conditions for eligibility and methods 35 for payment of costs for the low-scored site 36 initiative; revising the eligibility requirements for 37 receiving rehabilitation funding; specifying that the 38 issuance of a site rehabilitation completion order 39 does not alter eligibility for state-funded 40 remediation under certain circumstances; clarifying 41 that a change in ownership does not preclude a site 42 from entering into the program; providing additional 43 funding for remediation and monitoring under certain 44 circumstances; amending s. 376.30713, F.S.; revising 45 advanced cleanup application requirements; increasing 46 the total amount for which the department may contract 47 for advanced cleanup work in a fiscal year; 48 authorizing property owners and responsible parties to 49 enter into voluntary cost-share agreements under 50 certain circumstances; providing an effective date. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. Present subsections (4) through (22) of section 55 376.301, Florida Statutes, are redesignated as subsections (5) 56 through (23), respectively, present subsections (23) through 57 (48) of that section are redesignated as subsections (25) 58 through (50), respectively, and new subsections (4) and (24) are 59 added to that section, to read: 60 376.301 Definitions of terms used in ss. 376.30-376.317, 61 376.70, and 376.75.—When used in ss. 376.30-376.317, 376.70, and 62 376.75, unless the context clearly requires otherwise, the term: 63 (4) “Background concentration” means the concentration of 64 contaminants naturally occurring or resulting from anthropogenic 65 impacts unrelated to the discharge of pollutants or hazardous 66 substances at a contaminated site undergoing site 67 rehabilitation. 68 (24) “Long-term natural attenuation” means natural 69 attenuation approved by the department as a site rehabilitation 70 program task for a period of more than 5 years. 71 Section 2. Paragraph (b) of subsection (1) and subsection 72 (2) of section 376.30701, Florida Statutes, are amended to read: 73 376.30701 Application of risk-based corrective action 74 principles to contaminated sites; applicability; legislative 75 intent; rulemaking authority; contamination cleanup criteria; 76 limitations; reopeners.— 77 (1) APPLICABILITY.— 78 (b) This section shall apply to all contaminated sites 79 resulting from a discharge of pollutants or hazardous substances 80 where legal responsibility for site rehabilitation exists 81 pursuant to other provisions of this chapter or chapter 403, 82 except for those contaminated sites subject to the risk-based 83 corrective action cleanup criteria established for the 84 petroleum, brownfields, and drycleaning programs pursuant to ss. 85 376.3071, 376.81, and 376.3078, respectively. This section does 86 not apply to nonprogram petroleum-contaminated sites unless 87 application of this section is requested by the person 88 responsible for site rehabilitation. 89 (2) INTENT; RULEMAKING AUTHORITY; CLEANUP CRITERIA.—It is 90 the intent of the Legislature to protect the health of all 91 people under actual circumstances of exposure. By July 1, 2004, 92 the secretary of the department shall establish criteria by rule 93 for the purpose of determining, on a site-specific basis, the 94 rehabilitation program tasks that comprise a site rehabilitation 95 program, including a voluntary site rehabilitation program, and 96 the level at which a rehabilitation program task and a site 97 rehabilitation program may be deemed completed. In establishing 98 these rules, the department shall apply, to the maximum extent 99 feasible, a risk-based corrective action process to achieve 100 protection of human health and safety and the environment in a 101 cost-effective manner based on the principles set forth in this 102 subsection. These rules shall prescribe a phased risk-based 103 corrective action process that is iterative and that tailors 104 site rehabilitation tasks to site-specific conditions and risks. 105 The department and the person responsible for site 106 rehabilitation are encouraged to establish decision points at 107 which risk management decisions will be made. The department 108 shall provide an early decision, when requested, regarding 109 applicable exposure factors and a risk management approach based 110 on the current and future land use at the site. These rules must 111shall alsoinclude protocols for the use of natural attenuation, 112 including long-term natural attenuation where site conditions 113 warrant, the use of institutional and engineering controls, and 114 the issuance of “No Further Action” orders. The criteria for 115 determining what constitutes a rehabilitation program task or 116 completion of a site rehabilitation program task or site 117 rehabilitation program, including a voluntary site 118 rehabilitation program, must: 119 (a) Consider the current exposure and potential risk of 120 exposure to humans and the environment, including multiple 121 pathways of exposure. The physical, chemical, and biological 122 characteristics of each contaminant must be considered in order 123 to determine the feasibility of a risk-based corrective action 124 assessment. 125 (b) Establish the point of compliance at the source of the 126 contamination. However, the department mayis authorized to127 temporarily move the point of compliance to the boundary of the 128 property, or to the edge of the plume when the plume is within 129 the property boundary, while cleanup, including cleanup through 130 natural attenuation processes in conjunction with appropriate 131 monitoring, is proceeding. The department mayalso is132authorized, pursuant to criteria provided in this section,to133 temporarily extend the point of compliance beyond the property 134 boundary with appropriate monitoring, if such extension is 135 needed to facilitate natural attenuation or to address the 136 current conditions of the plume, provided human health, public 137 safety, and the environment are protected. When temporarily 138 extending the point of compliance beyond the property boundary, 139 it cannot be extended further than the lateral extent of the 140 plume, if known, at the time of execution of a cleanup 141 agreement, if required, or the lateral extent of the plume as 142 defined at the time of site assessment. Temporary extension of 143 the point of compliance beyond the property boundary, as 144 provided in this paragraph, must include actual notice by the 145 person responsible for site rehabilitation to local governments 146 and the owners of any property into which the point of 147 compliance is allowed to extend and constructive notice to 148 residents and business tenants of the property into which the 149 point of compliance is allowed to extend. Persons receiving 150 notice pursuant to this paragraph shall have the opportunity to 151 comment within 30 days after receipt of the notice. Additional 152 notice concerning the status of natural attenuation processes 153 shall be similarly provided to persons receiving notice pursuant 154 to this paragraph every 5 years. 155 (c) Ensure that the site-specific cleanup goal is that all 156 contaminated sites being cleaned up pursuant to this section 157 ultimately achieve the applicable cleanup target levels provided 158 in this subsection. In the circumstances provided in this 159 subsection, and after constructive notice and opportunity to 160 comment within 30 days after receipt of the notice to local 161 government, owners of any property into which the point of 162 compliance is allowed to extend, and residents of any property 163 into which the point of compliance is allowed to extend, the 164 department may allow concentrations of contaminants to 165 temporarily exceed the applicable cleanup target levels while 166 cleanup, including cleanup through natural attenuation processes 167 in conjunction with appropriate monitoring, is proceeding, if 168 human health, public safety, and the environment are protected. 169 (d) Allow the use of institutional or engineering controls 170 at contaminated sites being cleaned up pursuant to this section, 171 where appropriate, to eliminate or control the potential 172 exposure to contaminants of humans or the environment. The use 173 of controls must be preapproved by the department and only after 174 constructive notice and opportunity to comment within 30 days 175 after receipt of notice is provided to local governments, owners 176 of any property into which the point of compliance is allowed to 177 extend, and residents on any property into which the point of 178 compliance is allowed to extend. When institutional or 179 engineering controls are implemented to control exposure, the 180 removal of the controls must have prior department approval and 181 must be accompanied by the resumption of active cleanup, or 182 other approved controls, unless cleanup target levels under this 183 section have been achieved. 184 (e) Consider the interactiveadditiveeffects of 185 contaminants, including additive, synergistic, and antagonistic 186 effects.The synergistic and antagonistic effects shall also be187considered when the scientific data become available.188 (f) Take into consideration individual site 189 characteristics, which shall include, but not be limited to, the 190 current and projected use of the affected groundwater and 191 surface water in the vicinity of the site, current and projected 192 land uses of the area affected by the contamination, the exposed 193 population, the degree and extent of contamination, the rate of 194 contaminant migration, the apparent or potential rate of 195 contaminant degradation through natural attenuation processes, 196 the location of the plume, and the potential for further 197 migration in relation to site property boundaries. 198 (g) Apply state water quality standards as follows: 199 1. Cleanup target levels for each contaminant found in 200 groundwater shall be the applicable state water quality 201 standards. Where such standards do not exist, the cleanup target 202 levels for groundwater shall be based on the minimum criteria 203 specified in department rule. The department shall apply the 204 following, as appropriate, in establishing the applicable 205 cleanup target levels: calculations using a lifetime cancer risk 206 level of 1.0E-6; a hazard index of 1 or less; the best 207 achievable detection limit; and nuisance, organoleptic, and 208 aesthetic considerations. However, the department mayshallnot 209 require site rehabilitation to achieve a cleanup target level 210 for any individual contaminant that is more stringent than the 211 site-specific, naturally occurringbackground concentration for 212 that contaminant. 213 2. Where surface waters are exposed to contaminated 214 groundwater, the cleanup target levels for the contaminants must 215shallbe based on the more protective of the groundwater or 216 surface water standards as established by department rule, 217 unless it has been demonstrated that the contaminants do not 218 cause or contribute to the exceedance of applicable surface 219 water quality criteria. In such circumstance, the point of 220 measuring compliance with the surface water standards shall be 221 in the groundwater immediately adjacent to the surface water 222 body. 223 3. Using risk-based corrective action principles, the 224 department shall approve alternative cleanup target levels in 225 conjunction with institutional and engineering controls, if 226 needed, based upon an applicant’s demonstration, using site 227 specific or other relevant data and information, risk assessment 228 modeling results, including results from probabilistic risk 229 assessment modeling, risk assessment studies, risk reduction 230 techniques, or a combination thereof, that human health, public 231 safety, and the environment are protected to the same degree as 232 provided in subparagraphs 1. and 2. Where a state water quality 233 standard is applicable, a deviation may not result in the 234 application of cleanup target levels more stringent than the 235 standard. In determining whether it is appropriate to establish 236 alternative cleanup target levels at a site, the department must 237 consider the effectiveness of source removal, if any, that has 238 been completed at the site and the practical likelihood of the 239 use of low yield or poor quality groundwater, the use of 240 groundwater near marine surface water bodies, the current and 241 projected use of the affected groundwater in the vicinity of the 242 site, or the use of groundwater in the immediate vicinity of the 243 contaminated area, where it has been demonstrated that the 244 groundwater contamination is not migrating away from such 245 localized source, provided human health, public safety, and the 246 environment are protected. Groundwater resource protection 247 remains the ultimate goal of cleanup, particularly in light of 248 the state’s continued growth and consequent demands for drinking 249 water resources. The Legislature recognizes the need for a 250 protective yet flexible cleanup approach that risk-based 251 corrective action provides. Only where it is appropriate on a 252 site-specific basis, using the criteria in this paragraph and 253 careful evaluation by the department, shall proposed alternative 254 cleanup target levels be approved. If alternative cleanup target 255 levels are used, institutional controls are not required if: 256 a. The only cleanup target levels exceeded are the 257 groundwater cleanup target levels derived from nuisance, 258 organoleptic, or aesthetic considerations; 259 b. Concentrations of all contaminants meet the state water 260 quality standards or the minimum criteria, based on the 261 protection of human health, public safety, and the environment, 262 as provided in subparagraph 1.; 263 c. All of the groundwater cleanup target levels established 264 pursuant to subparagraph 1. are met at the property boundary; 265 d. The person responsible for site rehabilitation has 266 demonstrated that the contaminants will not migrate beyond the 267 property boundary at concentrations that exceed the groundwater 268 cleanup target levels established pursuant to subparagraph 1.; 269 e. The property has access to and is using an offsite water 270 supply, and an unplugged private well is not used for domestic 271 purposes; and 272 f. The real property owner does not object to the “No 273 Further Action” proposal to the department or the local 274 pollution control program. 275 (h) Provide for the department to issue a “No Further 276 Action” order, with conditions, including, but not limited to, 277 the use of institutional or engineering controls where 278 appropriate, when alternative cleanup target levels established 279 pursuant to subparagraph (g)3. have been achieved or when the 280 person responsible for site rehabilitation can demonstrate that 281 the cleanup target level is unachievable with the use of 282 available technologies. BeforePrior toissuing such an order, 283 the department shall consider the feasibility of an alternative 284 site rehabilitation technology at the contaminated site. 285 (i) Establish appropriate cleanup target levels for soils. 286 Although there are existing state water quality standards, there 287 are no existing state soil quality standards. The Legislature 288 does not intend, through the adoption of this section, to create 289 such soil quality standards. The specific rulemaking authority 290 granted pursuant to this section merely authorizes the 291 department to establish appropriate soil cleanup target levels. 292 These soil cleanup target levels shall be applicable at sites 293 only after a determination as to legal responsibility for site 294 rehabilitation has been made pursuant to other provisions of 295 this chapter or chapter 403. 296 1. In establishing soil cleanup target levels for human 297 exposure to each contaminant found in soils from the land 298 surface to 2 feet below land surface, the department shall apply 299 the following, as appropriate: calculations using a lifetime 300 cancer risk level of 1.0E-6; a hazard index of 1 or less; and 301 the best achievable detection limit. However, the department may 302shallnot require site rehabilitation to achieve a cleanup 303 target level for an individual contaminant that is more 304 stringent than the site-specific, naturally occurringbackground 305 concentration for that contaminant. Institutional controls or 306 other methods shall be used to prevent human exposure to 307 contaminated soils more than 2 feet below the land surface. Any 308 removal of such institutional controls shall require such 309 contaminated soils to be remediated. 310 2. Leachability-based soil cleanup target levels shall be 311 based on protection of the groundwater cleanup target levels or 312 the alternate cleanup target levels for groundwater established 313 pursuant to this paragraph, as appropriate. Source removal and 314 other cost-effective alternatives that are technologically 315 feasible shall be considered in achieving the leachability soil 316 cleanup target levels established by the department. The 317 leachability goals areshallnotbeapplicable if the department 318 determines, based upon individual site characteristics, and in 319 conjunction with institutional and engineering controls, if 320 needed, that contaminants will not leach into the groundwater at 321 levels that pose a threat to human health, public safety, and 322 the environment. 323 3. Using risk-based corrective action principles, the 324 department shall approve alternative cleanup target levels in 325 conjunction with institutional and engineering controls, if 326 needed, based upon an applicant’s demonstration, using site 327 specific or other relevant data and information, risk assessment 328 modeling results, including results from probabilistic risk 329 assessment modeling, risk assessment studies, risk reduction 330 techniques, or a combination thereof, that human health, public 331 safety, and the environment are protected to the same degree as 332 provided in subparagraphs 1. and 2. 333 334 The department shall require source removal as a risk reduction 335 measure if warranted and cost-effective. Once source removal at 336 a site is complete, the department shall reevaluate the site to 337 determine the degree of active cleanup needed to continue. 338 Further, the department shall determine if the reevaluated site 339 qualifies for monitoring only or if no further action is 340 required to rehabilitate the site. If additional site 341 rehabilitation is necessary to reach “No Further Action” status, 342 the department is encouraged to utilize natural attenuation 343 monitoring, including long-term natural attenuationand344 monitoring, where site conditions warrant. 345 Section 3. Present subsections (3) through (11) of section 346 376.79, Florida Statutes, are redesignated as subsections (4) 347 through (12), respectively, present subsections (12) through 348 (19) are redesignated as subsections (14) through (21), 349 respectively, and new subsections (3) and (13) are added to that 350 section, to read: 351 376.79 Definitions relating to Brownfields Redevelopment 352 Act.—As used in ss. 376.77-376.85, the term: 353 (3) “Background concentration” means the concentration of 354 contaminants naturally occurring or resulting from anthropogenic 355 impacts unrelated to the discharge of pollutants or hazardous 356 substances at a contaminated site undergoing site 357 rehabilitation. 358 (13) “Long-term natural attenuation” means natural 359 attenuation approved by the department as a site rehabilitation 360 program task for a period of more than 5 years. 361 Section 4. Section 376.81, Florida Statutes, is amended to 362 read: 363 376.81 Brownfield site and brownfield areas contamination 364 cleanup criteria.— 365 (1) It is the intent of the Legislature to protect the 366 health of all people under actual circumstances of exposure. By 367 July 1, 2001, the secretary of the department shall establish 368 criteria by rule for the purpose of determining, on a site 369 specific basis, the rehabilitation program tasks that comprise a 370 site rehabilitation program and the level at which a 371 rehabilitation program task and a site rehabilitation program 372 may be deemed completed. In establishing the rule, the 373 department shall apply, to the maximum extent feasible, a risk 374 based corrective action process to achieve protection of human 375 health and safety and the environment in a cost-effective manner 376 based on the principles set forth in this subsection. The rule 377 must prescribe a phased risk-based corrective action process 378 that is iterative and that tailors site rehabilitation tasks to 379 site-specific conditions and risks. The department and the 380 person responsible for brownfield site rehabilitation are 381 encouraged to establish decision points at which risk management 382 decisions will be made. The department shall provide an early 383 decision, when requested, regarding applicable exposure factors 384 and a risk management approach based on the current and future 385 land use at the site. The rule mustshall alsoinclude protocols 386 for the use of natural attenuation, including long-term natural 387 attenuation where site conditions warrant, the use of 388 institutional and engineering controls, and the issuance of “no 389 further action” letters. The criteria for determining what 390 constitutes a rehabilitation program task or completion of a 391 site rehabilitation program task or site rehabilitation program 392 must: 393 (a) Consider the current exposure and potential risk of 394 exposure to humans and the environment, including multiple 395 pathways of exposure. The physical, chemical, and biological 396 characteristics of each contaminant must be considered in order 397 to determine the feasibility of risk-based corrective action 398 assessment. 399 (b) Establish the point of compliance at the source of the 400 contamination. However, the department mayis authorized to401 temporarily move the point of compliance to the boundary of the 402 property, or to the edge of the plume when the plume is within 403 the property boundary, while cleanup, including cleanup through 404 natural attenuation processes in conjunction with appropriate 405 monitoring, is proceeding. The department mayalso is406authorized, pursuant to criteria provided for in this section, 407totemporarily extend the point of compliance beyond the 408 property boundary with appropriate monitoring, if such extension 409 is needed to facilitate natural attenuation or to address the 410 current conditions of the plume, provided human health, public 411 safety, and the environment are protected. When temporarily 412 extending the point of compliance beyond the property boundary, 413 it cannot be extended further than the lateral extent of the 414 plume at the time of execution of the brownfield site 415 rehabilitation agreement, if known, or the lateral extent of the 416 plume as defined at the time of site assessment. Temporary 417 extension of the point of compliance beyond the property 418 boundary, as provided in this paragraph, must include actual 419 notice by the person responsible for brownfield site 420 rehabilitation to local governments and the owners of any 421 property into which the point of compliance is allowed to extend 422 and constructive notice to residents and business tenants of the 423 property into which the point of compliance is allowed to 424 extend. Persons receiving notice pursuant to this paragraph 425 shall have the opportunity to comment within 30 days of receipt 426 of the notice. 427 (c) Ensure that the site-specific cleanup goal is that all 428 contaminated brownfield sites and brownfield areas ultimately 429 achieve the applicable cleanup target levels provided in this 430 section. In the circumstances provided below, and after 431 constructive notice and opportunity to comment within 30 days 432 from receipt of the notice to local government, to owners of any 433 property into which the point of compliance is allowed to 434 extend, and to residents on any property into which the point of 435 compliance is allowed to extend, the department may allow 436 concentrations of contaminants to temporarily exceed the 437 applicable cleanup target levels while cleanup, including 438 cleanup through natural attenuation processes in conjunction 439 with appropriate monitoring, is proceeding, if human health, 440 public safety, and the environment are protected. 441 (d) Allow brownfield site and brownfield area 442 rehabilitation programs to include the use of institutional or 443 engineering controls, where appropriate, to eliminate or control 444 the potential exposure to contaminants of humans or the 445 environment. The use of controls must be preapproved by the 446 department and only after constructive notice and opportunity to 447 comment within 30 days from receipt of notice is provided to 448 local governments, to owners of any property into which the 449 point of compliance is allowed to extend, and to residents on 450 any property into which the point of compliance is allowed to 451 extend. When institutional or engineering controls are 452 implemented to control exposure, the removal of the controls 453 must have prior department approval and must be accompanied by 454 the resumption of active cleanup, or other approved controls, 455 unless cleanup target levels under this section have been 456 achieved. 457 (e) Consider the interactiveadditiveeffects of 458 contaminants, including additive, synergistic, and antagonistic 459 effects.The synergistic and antagonistic effects shall also be460considered when the scientific data become available.461 (f) Take into consideration individual site 462 characteristics, which shall include, but not be limited to, the 463 current and projected use of the affected groundwater and 464 surface water in the vicinity of the site, current and projected 465 land uses of the area affected by the contamination, the exposed 466 population, the degree and extent of contamination, the rate of 467 contaminant migration, the apparent or potential rate of 468 contaminant degradation through natural attenuation processes, 469 the location of the plume, and the potential for further 470 migration in relation to site property boundaries. 471 (g) Apply state water quality standards as follows: 472 1. Cleanup target levels for each contaminant found in 473 groundwater shall be the applicable state water quality 474 standards. Where such standards do not exist, the cleanup target 475 levels for groundwater shall be based on the minimum criteria 476 specified in department rule. The department shall apply the 477 following, as appropriate, in establishing the applicable 478 cleanup target levels: calculations using a lifetime cancer risk 479 level of 1.0E-6; a hazard index of 1 or less; the best 480 achievable detection limit; and nuisance, organoleptic, and 481 aesthetic considerations. However, the department mayshallnot 482 require site rehabilitation to achieve a cleanup target level 483 for any individual contaminant which is more stringent than the 484 site-specific, naturally occurringbackground concentration for 485 that contaminant. 486 2. Where surface waters are exposed to contaminated 487 groundwater, the cleanup target levels for the contaminants must 488shallbe based on the more protective of the groundwater or 489 surface water standards as established by department rule, 490 unless it has been demonstrated that the contaminants do not 491 cause or contribute to the exceedance of applicable surface 492 water quality criteria. In such circumstances, the point of 493 measuring compliance with the surface water standards shall be 494 in the groundwater immediately adjacent to the surface water 495 body. 496 3. Using risk-based corrective action principles, the 497 department shall approve alternative cleanup target levels in 498 conjunction with institutional and engineering controls, if 499 needed, based upon an applicant’s demonstration, using site 500 specific or other relevant data and information, risk assessment 501 modeling results, including results from probabilistic risk 502 assessment modeling, risk assessment studies, risk reduction 503 techniques, or a combination thereof, that human health, public 504 safety, and the environment are protected to the same degree as 505 provided in subparagraphs 1. and 2. Where a state water quality 506 standard is applicable, a deviation may not result in the 507 application of cleanup target levels more stringent than the 508 standard. In determining whether it is appropriate to establish 509 alternative cleanup target levels at a site, the department must 510 consider the effectiveness of source removal, if any, which has 511 been completed at the site and the practical likelihood of the 512 use of low yield or poor quality groundwater, the use of 513 groundwater near marine surface water bodies, the current and 514 projected use of the affected groundwater in the vicinity of the 515 site, or the use of groundwater in the immediate vicinity of the 516 contaminated area, where it has been demonstrated that the 517 groundwater contamination is not migrating away from such 518 localized source, provided human health, public safety, and the 519 environment are protected. When using alternative cleanup target 520 levels at a brownfield site, institutional controls areshall521 notberequired if: 522 a. The only cleanup target levels exceeded are the 523 groundwater cleanup target levels derived from nuisance, 524 organoleptic, or aesthetic considerations; 525 b. Concentrations of all contaminants meet the state water 526 quality standards or the minimum criteria, based on the 527 protection of human health, provided in subparagraph 1.; 528 c. All of the groundwater cleanup target levels established 529 pursuant to subparagraph 1. are met at the property boundary; 530 d. The person responsible for brownfield site 531 rehabilitation has demonstrated that the contaminants will not 532 migrate beyond the property boundary at concentrations exceeding 533 the groundwater cleanup target levels established pursuant to 534 subparagraph 1.; 535 e. The property has access to and is using an offsite water 536 supply and no unplugged private wells are used for domestic 537 purposes; and 538 f. The real property owner provides written acceptance of 539 the “no further action” proposal to the department or the local 540 pollution control program. 541 (h) Provide for the department to issue a “no further 542 action order,” with conditions, including, but not limited to, 543 the use of institutional or engineering controls where 544 appropriate, when alternative cleanup target levels established 545 pursuant to subparagraph (g)3. have been achieved, or when the 546 person responsible for brownfield site rehabilitation can 547 demonstrate that the cleanup target level is unachievable within 548 available technologies. BeforePrior toissuing such an order, 549 the department shall consider the feasibility of an alternative 550 site rehabilitation technology atinthe brownfield sitearea. 551 (i) Establish appropriate cleanup target levels for soils. 552 1. In establishing soil cleanup target levels for human 553 exposure to each contaminant found in soils from the land 554 surface to 2 feet below land surface, the department shall apply 555 the following, as appropriate: calculations using a lifetime 556 cancer risk level of 1.0E-6; a hazard index of 1 or less; and 557 the best achievable detection limit. However, the department may 558shallnot require site rehabilitation to achieve a cleanup 559 target level for an individual contaminant which is more 560 stringent than the site-specific, naturally occurringbackground 561 concentration for that contaminant. Institutional controls or 562 other methods shall be used to prevent human exposure to 563 contaminated soils more than 2 feet below the land surface. Any 564 removal of such institutional controls shall require such 565 contaminated soils to be remediated. 566 2. Leachability-based soil cleanup target levels shall be 567 based on protection of the groundwater cleanup target levels or 568 the alternate cleanup target levels for groundwater established 569 pursuant to this paragraph, as appropriate. Source removal and 570 other cost-effective alternatives that are technologically 571 feasible shall be considered in achieving the leachability soil 572 cleanup target levels established by the department. The 573 leachability goals areshallnotbeapplicable if the department 574 determines, based upon individual site characteristics, and in 575 conjunction with institutional and engineering controls, if 576 needed, that contaminants will not leach into the groundwater at 577 levels that pose a threat to human health, public safety, and 578 the environment. 579 3. Using risk-based corrective action principles, the 580 department shall approve alternative cleanup target levels in 581 conjunction with institutional and engineering controls, if 582 needed, based upon an applicant’s demonstration, using site- 583 specific or other relevant data and information, risk assessment 584 modeling results, including results from probabilistic risk 585 assessment modeling, risk assessment studies, risk reduction 586 techniques, or a combination thereof, that human health, public 587 safety, and the environment are protected to the same degree as 588 provided in subparagraphs 1. and 2. 589 (2) The department shall require source removal, as a risk 590 reduction measure, if warranted and cost-effective. Once source 591 removal at a site is complete, the department shall reevaluate 592 the site to determine the degree of active cleanup needed to 593 continue. Further, the department shall determine if the 594 reevaluated site qualifies for monitoring only or if no further 595 action is required to rehabilitate the site. If additional site 596 rehabilitation is necessary to reach “no further action” status, 597 the department is encouraged to utilize natural attenuation 598 monitoring, including long-term natural attenuationand599 monitoring, where site conditions warrant. 600 (3) The cleanup criteria described in this section govern 601 only site rehabilitation activities occurring at the 602 contaminated site. Removal of contaminated media from a site for 603 offsite relocation or treatment must be in accordance with all 604 applicable federal, state, and local laws and regulations. 605 Section 5. Subsection (3) of section 196.1995, Florida 606 Statutes, is amended to read: 607 196.1995 Economic development ad valorem tax exemption.— 608 (3) The board of county commissioners or the governing 609 authority of the municipality that calls a referendum within its 610 total jurisdiction to determine whether its respective 611 jurisdiction may grant economic development ad valorem tax 612 exemptions may vote to limit the effect of the referendum to 613 authority to grant economic development tax exemptions for new 614 businesses and expansions of existing businesses located in an 615 enterprise zone or a brownfield area, as defined in s. 376.79(5) 616s. 376.79(4). If an area nominated to be an enterprise zone 617 pursuant to s. 290.0055 has not yet been designated pursuant to 618 s. 290.0065, the board of county commissioners or the governing 619 authority of the municipality may call such referendum prior to 620 such designation; however, the authority to grant economic 621 development ad valorem tax exemptions does not apply until such 622 area is designated pursuant to s. 290.0065. The ballot question 623 in such referendum shall be in substantially the following form 624 and shall be used in lieu of the ballot question prescribed in 625 subsection (2): 626 627 Shall the board of county commissioners of this county (or the 628 governing authority of this municipality, or both) be authorized 629 to grant, pursuant to s. 3, Art. VII of the State Constitution, 630 property tax exemptions for new businesses and expansions of 631 existing businesses that are located in an enterprise zone or a 632 brownfield area and that are expected to create new, full-time 633 jobs in the county (or municipality, or both)? 634 635 ....Yes—For authority to grant exemptions. 636 ....No—Against authority to grant exemptions. 637 Section 6. Paragraph (a) of subsection (1) of section 638 287.0595, Florida Statutes, is amended to read: 639 287.0595 Pollution response action contracts; department 640 rules.— 641 (1) The Department of Environmental Protection shall 642 establish, by adopting administrative rules as provided in 643 chapter 120: 644 (a) Procedures for determining the qualifications of 645 responsible potential vendors prior to advertisement for and 646 receipt of bids, proposals, or replies for pollution response 647 action contracts, including procedures for the rejection of 648 unqualified vendors. Response actions are those activities 649 described in s. 376.301(39)s. 376.301(37). 650 Section 7. Paragraph (c) of subsection (5) of section 651 288.1175, Florida Statutes, is amended to read: 652 288.1175 Agriculture education and promotion facility.— 653 (5) The Department of Agriculture and Consumer Services 654 shall competitively evaluate applications for funding of an 655 agriculture education and promotion facility. If the number of 656 applicants exceeds three, the Department of Agriculture and 657 Consumer Services shall rank the applications based upon 658 criteria developed by the Department of Agriculture and Consumer 659 Services, with priority given in descending order to the 660 following items: 661 (c) The location of the facility in a brownfield site as 662 defined in s. 376.79(4)s. 376.79(3), a rural enterprise zone as 663 defined in s. 290.004, an agriculturally depressed area as 664 defined in s. 570.74, or a county that has lost its agricultural 665 land to environmental restoration projects. 666 Section 8. Subsection (6) of section 376.305, Florida 667 Statutes, is amended to read: 668 376.305 Removal of prohibited discharges.— 669 (6) The Legislature created the Abandoned Tank Restoration 670 Program in response to the need to provide financial assistance 671 for cleanup of sites that have abandoned petroleum storage 672 systems. For purposes of this subsection, the term “abandoned 673 petroleum storage system” means a petroleum storage system that 674 has not stored petroleum products for consumption, use, or sale 675 since March 1, 1990. The department shall establish the 676 Abandoned Tank Restoration Program to facilitate the restoration 677 of sites contaminated by abandoned petroleum storage systems. 678 (a) To be included in the program: 679 1. An application must be submitted to the departmentby680June 30, 1996,certifying that the system has not stored 681 petroleum products for consumption, use, or sale at the facility 682 since March 1, 1990. 683 2. The owner or operator of the petroleum storage system 684 when it was in service must have ceased conducting business 685 involving consumption, use, or sale of petroleum products at 686 that facility on or before March 1, 1990. 687 3. The site is not otherwise eligible for the cleanup 688 programs pursuant tos. 376.3071 ors. 376.3072. 689 4. The site is not otherwise eligible for the Petroleum 690 Cleanup Participation Program under s. 376.3071(13) based on any 691 discharge reporting form received by the department before 692 January 1, 1995, or a written report of contamination submitted 693 to the department on or before December 31, 1998. 694 (b) In order to be eligible for the program, petroleum 695 storage systems from which a discharge occurred must be closed 696 pursuant to department rules before an eligibility 697 determination. However, if the department determines that the 698 owner of the facility cannot financially comply with the 699 department’s petroleum storage system closure requirements and 700 all other eligibility requirements are met, the petroleum 701 storage system closure requirements shall be waived. The 702 department shall take into consideration the owner’s net worth 703 and the economic impact on the owner in making the determination 704 of the owner’s financial ability.The June 30, 1996, application705deadline shall be waived for owners who cannot financially706comply.707 (c) Sites accepted in the program are eligible for site 708 rehabilitation funding as provided in s. 376.3071. 709 (d) The following sites are excluded from eligibility: 710 1. Sites on property of the Federal Government; 711 2. Sites contaminated by pollutants that are not petroleum 712 products; or 713 3. Sites where the department has been denied site access;714or7154. Sites which are owned by a person who had knowledge of716the polluting condition when title was acquired unless the717person acquired title to the site after issuance of a notice of718site eligibility by the department. 719 (e) Participating sites are subject to a deductible as 720 determined by rule, not to exceed $10,000. 721 722This subsection does not relieve a person who has acquired title723after July 1, 1992, from the duty to establish by a724preponderance of the evidence that he or she undertook, at the725time of acquisition, all appropriate inquiry into the previous726ownership and use of the property consistent with good727commercial or customary practice in an effort to minimize728liability, as required by s. 376.308(1)(c).729 Section 9. Paragraph (b) of subsection (2), subsection (4), 730 paragraph (b) of subsection (5), paragraph (b) of subsection 731 (12), and subsection (13) of section 376.3071, Florida Statutes, 732 are amended to read: 733 376.3071 Inland Protection Trust Fund; creation; purposes; 734 funding.— 735 (2) INTENT AND PURPOSE.— 736 (b) It is the intent of the Legislature that the department 737 implement rules and procedures to improve the efficiency and 738 productivity of the Petroleum Restoration Program. The 739 department is directed to implement rules and policies to 740 eliminate and reduce duplication of site rehabilitation efforts, 741 paperwork, and documentation, and micromanagement of site 742 rehabilitation tasks. The department shall make efficiency and 743 productivity a priority in the administration of the Petroleum 744 Restoration Program and to this end, when necessary, shall use 745 petroleum program contracted services to improve the efficiency 746 and productivity of the program. Furthermore, when implementing 747 rules and procedures to improve such efficiency and 748 productivity, the department shall recognize and consider the 749 potential value of utilizing contracted inspection and 750 professional resources to efficiently and productively 751 administer the program. 752 (4) USES.—Whenever, in its determination, incidents of 753 inland contamination related to the storage of petroleum or 754 petroleum products may pose a threat to the public health, 755 safety, or welfare, water resources, or the environment, the 756 department shall obligate moneys available in the fund to 757 provide for: 758 (a) Prompt investigation and assessment of contamination 759 sites. 760 (b) Expeditious restoration or replacement of potable water 761 supplies as provided in s. 376.30(3)(c)1. 762 (c) Rehabilitation of contamination sites, which shall 763 consist of cleanup of affected soil, groundwater, and inland 764 surface waters, using the most cost-effective alternative that 765 is technologically feasible and reliable and that provides 766 adequate protection of the public health, safety, and welfare, 767 and water resources, and that minimizes environmental damage, 768 pursuant to the site selection and cleanup criteria established 769 by the department under subsection (5), except that this 770 paragraph does not authorize the department to obligate funds 771 for payment of costs which may be associated with, but are not 772 integral to, site rehabilitation, such as the cost for 773 retrofitting or replacing petroleum storage systems. 774 (d) Maintenance and monitoring of contamination sites. 775 (e) Inspection and supervision of activities described in 776 this subsection. 777 (f) Payment of expenses incurred by the department in its 778 efforts to obtain from responsible parties the payment or 779 recovery of reasonable costs resulting from the activities 780 described in this subsection. 781 (g) Payment of any other reasonable costs of 782 administration, including those administrative costs incurred by 783 the Department of Health in providing field and laboratory 784 services, toxicological risk assessment, and other assistance to 785 the department in the investigation of drinking water 786 contamination complaints and costs associated with public 787 information and education activities. 788 (h) Establishment and implementation of the compliance 789 verification program as authorized in s. 376.303(1)(a), 790 including contracting with local governments or state agencies 791 to provide for the administration of such program through 792 locally administered programs, to minimize the potential for 793 further contamination sites. 794 (i) Funding of the provisions of ss. 376.305(6) and 795 376.3072. 796 (j) Activities related to removal and replacement of 797 petroleum storage systems, exclusive of costs of any tank, 798 piping, dispensing unit, or related hardware, if soil removal is 799 approved as a component of site rehabilitation and requires 800 removal of the tank where remediation is conducted under this 801 section or if such activities were justified in an approved 802 remedial action plan. 803 (k) Reasonable costs of restoring property as nearly as 804 practicable to the conditions which existed before activities 805 associated with contamination assessment or remedial action 806 taken under s. 376.303(4). 807 (l) Repayment of loans to the fund. 808 (m) Expenditure of sums from the fund to cover ineligible 809 sites or costs as set forth in subsection (13), if the 810 department in its discretion deems it necessary to do so. In 811 such cases, the department may seek recovery and reimbursement 812 of costs in the same manner and pursuant to the same procedures 813 established for recovery and reimbursement of sums otherwise 814 owed to or expended from the fund. 815 (n) Payment of amounts payable under any service contract 816 entered into by the department pursuant to s. 376.3075, subject 817 to annual appropriation by the Legislature. 818 (o) Petroleum remediation pursuant to this section 819 throughout a state fiscal year. The department shall establish a 820 process to uniformly encumber appropriated funds throughout a 821 state fiscal year and shall allow for emergencies and imminent 822 threats to public health, safety, and welfare, water resources, 823 and the environment as provided in paragraph (5)(a). This 824 paragraph does not apply to appropriations associated with the 825 free product recovery initiative provided in paragraph (5)(c) or 826 the advanced cleanup program provided in s. 376.30713. 827 (p) Enforcement of this section and ss. 376.30-376.317 by 828 the Fish and Wildlife Conservation Commission. The department 829 shall disburse moneys to the commission for such purpose. 830 (q) Payments for program deductibles, copayments, and 831 limited contamination assessment reports that otherwise would be 832 paid by another state agency for state-funded petroleum 833 contamination site rehabilitation.This paragraph expires July8341, 2016.835 836 The issuance of a site rehabilitation completion order pursuant 837 to subsection (5) or paragraph (12)(b) for contamination 838 eligible for programs funded by this section does not alter the 839 project’s eligibility for state-funded remediation if the 840 department determines that site conditions are not protective of 841 human health under actual or proposed circumstances of exposure 842 under subsection (5). The Inland Protection Trust Fund mayonly843 be used only to fund the activities in ss. 376.30-376.317 except 844 ss. 376.3078 and 376.3079. Amounts on deposit in the fund in 845 each fiscal year mustshallfirst be applied or allocated for 846 the payment of amounts payable by the department pursuant to 847 paragraph (n) under a service contract entered into by the 848 department pursuant to s. 376.3075 and appropriated in each year 849 by the Legislature before making or providing for other 850 disbursements from the fund. This subsection does not authorize 851 the use of the fund for cleanup of contamination caused 852 primarily by a discharge of solvents as defined in s. 853 206.9925(6), or polychlorinated biphenyls when their presence 854 causes them to be hazardous wastes, except solvent contamination 855 which is the result of chemical or physical breakdown of 856 petroleum products and is otherwise eligible. Facilities used 857 primarily for the storage of motor or diesel fuels as defined in 858 ss. 206.01 and 206.86 are not excluded from eligibility pursuant 859 to this section. 860 (5) SITE SELECTION AND CLEANUP CRITERIA.— 861 (b) It is the intent of the Legislature to protect the 862 health of all people under actual circumstances of exposure. The 863 secretary shall establish criteria by rule for the purpose of 864 determining, on a site-specific basis, the rehabilitation 865 program tasks that comprise a site rehabilitation program and 866 the level at which a rehabilitation program task and a site 867 rehabilitation program are completed. In establishing the rule, 868 the department shall incorporate, to the maximum extent 869 feasible, risk-based corrective action principles to achieve 870 protection of the public health, safety, and welfare, water 871 resources, and the environment in a cost-effective manner as 872 provided in this subsection. Criteria for determining what 873 constitutes a rehabilitation program task or completion of site 874 rehabilitation program tasks and site rehabilitation programs 875 shall be based upon the factors set forth in paragraph (a) and 876 the following additional factors: 877 1. The current exposure and potential risk of exposure to 878 humans and the environment including multiple pathways of 879 exposure. 880 2. The appropriate point of compliance with cleanup target 881 levels for petroleum products’ chemicals of concern. The point 882 of compliance shall be at the source of the petroleum 883 contamination. However, the department may temporarily move the 884 point of compliance to the boundary of the property, or to the 885 edge of the plume when the plume is within the property 886 boundary, while cleanup, including cleanup through natural 887 attenuation processes in conjunction with appropriate 888 monitoring, is proceeding. The department may also, pursuant to 889 criteria provided for in this paragraph, temporarily extend the 890 point of compliance beyond the property boundary with 891 appropriate monitoring, if such extension is needed to 892 facilitate natural attenuation or to address the current 893 conditions of the plume, if the public health, safety, and 894 welfare, water resources, and the environment are adequately 895 protected. Temporary extension of the point of compliance beyond 896 the property boundary, as provided in this subparagraph, must 897 include notice to local governments and owners of any property 898 into which the point of compliance is allowed to extend. 899 3. The appropriate site-specific cleanup goal. The site 900 specific cleanup goal shall be that all petroleum contamination 901 sites ultimately achieve the applicable cleanup target levels 902 provided in this paragraph. However, the department may allow 903 concentrations of the petroleum products’ chemicals of concern 904 to temporarily exceed the applicable cleanup target levels while 905 cleanup, including cleanup through natural attenuation processes 906 in conjunction with appropriate monitoring, is proceeding, if 907 the public health, safety, and welfare, water resources, and the 908 environment are adequately protected. 909 4. The appropriateness of using institutional or 910 engineering controls. Site rehabilitation programs may include 911 the use of institutional or engineering controls to eliminate 912 the potential exposure to petroleum products’ chemicals of 913 concern to humans or the environment. Use of such controls must 914 have prior department approval, and institutional controls may 915 not be acquired with moneys from the fund other than the costs 916 associated with a professional land survey or a specific purpose 917 survey, if such is needed, and costs associated with obtaining a 918 title report and recording fees. When institutional or 919 engineering controls are implemented to control exposure, the 920 removal of such controls must have prior department approval and 921 must be accompanied immediately by the resumption of active 922 cleanup or other approved controls unless cleanup target levels 923 pursuant to this paragraph have been achieved. 924 5. The additive effects of the petroleum products’ 925 chemicals of concern. The synergistic effects of petroleum 926 products’ chemicals of concern must also be considered when the 927 scientific data becomes available. 928 6. Individual site characteristics which must include, but 929 not be limited to, the current and projected use of the affected 930 groundwater in the vicinity of the site, current and projected 931 land uses of the area affected by the contamination, the exposed 932 population, the degree and extent of contamination, the rate of 933 contaminant migration, the apparent or potential rate of 934 contaminant degradation through natural attenuation processes, 935 the location of the plume, and the potential for further 936 migration in relation to site property boundaries. 937 7. Applicable state water quality standards. 938 a. Cleanup target levels for petroleum products’ chemicals 939 of concern found in groundwater shall be the applicable state 940 water quality standards. Where such standards do not exist, the 941 cleanup target levels for groundwater shall be based on the 942 minimum criteria specified in department rule. The department 943 shall consider the following, as appropriate, in establishing 944 the applicable minimum criteria: calculations using a lifetime 945 cancer risk level of 1.0E-6; a hazard index of 1 or less; the 946 best achievable detection limit; the naturally occurring 947 background concentration; or nuisance, organoleptic, and 948 aesthetic considerations. 949 b. Where surface waters are exposed to petroleum 950 contaminated groundwater, the cleanup target levels for the 951 petroleum products’ chemicals of concern shall be based on the 952 surface water standards as established by department rule. The 953 point of measuring compliance with the surface water standards 954 shall be in the groundwater immediately adjacent to the surface 955 water body. 956 8. Whether deviation from state water quality standards or 957 from established criteria is appropriate. The department may 958 issue a “No Further Action Order” based upon the degree to which 959 the desired cleanup target level is achievable and can be 960 reasonably and cost-effectively implemented within available 961 technologies or engineering and institutional control 962 strategies. Where a state water quality standard is applicable, 963 a deviation may not result in the application of cleanup target 964 levels more stringent than the standard. In determining whether 965 it is appropriate to establish alternate cleanup target levels 966 at a site, the department may consider the effectiveness of 967 source removal that has been completed at the site and the 968 practical likelihood of the use of low yield or poor quality 969 groundwater; the use of groundwater near marine surface water 970 bodies; the current and projected use of the affected 971 groundwater in the vicinity of the site; or the use of 972 groundwater in the immediate vicinity of the storage tank area, 973 where it has been demonstrated that the groundwater 974 contamination is not migrating away from such localized source, 975 if the public health, safety, and welfare, water resources, and 976 the environment are adequately protected. 977 9. Appropriate cleanup target levels for soils. 978 a. In establishing soil cleanup target levels for human 979 exposure to petroleum products’ chemicals of concern found in 980 soils from the land surface to 2 feet below land surface, the 981 department shall consider the following, as appropriate: 982 calculations using a lifetime cancer risk level of 1.0E-6; a 983 hazard index of 1 or less; the best achievable detection limit; 984 or the naturally occurring background concentration. 985 b. Leachability-based soil target levels shall be based on 986 protection of the groundwater cleanup target levels or the 987 alternate cleanup target levels for groundwater established 988 pursuant to this paragraph, as appropriate. Source removal and 989 other cost-effective alternatives that are technologically 990 feasible shall be considered in achieving the leachability soil 991 target levels established by the department. The leachability 992 goals do not apply if the department determines, based upon 993 individual site characteristics, that petroleum products’ 994 chemicals of concern will not leach into the groundwater at 995 levels which pose a threat to public health, safety, and 996 welfare, water resources, or the environment. 997 998 This paragraph does not restrict the department from temporarily 999 postponing completion of any site rehabilitation program for 1000 which funds are being expended whenever such postponement is 1001 necessary in order to make funds available for rehabilitation of 1002 a contamination site with a higher priority status. 1003 (12) SITE CLEANUP.— 1004 (b) Low-scored site initiative.—Notwithstanding subsections 1005 (5) and (6), a site with a priority ranking score of 29 points 1006 or less may voluntarily participate in the low-scored site 1007 initiative regardless of whether the site is eligible for state 1008 restoration funding. 1009 1. To participate in the low-scored site initiative, the 1010responsible party orproperty owner, or a responsible party who 1011 provides evidence of authorization from the property owner, must 1012 submit a “No Further Action” proposal and affirmatively 1013 demonstrate that thefollowingconditions imposed under 1014 subparagraph 4. are met.:1015a. Upon reassessment pursuant to department rule, the site1016retains a priority ranking score of 29 points or less.1017b. Excessively contaminated soil, as defined by department1018rule, does not exist onsite as a result of a release of1019petroleum products.1020c. A minimum of 6 months of groundwater monitoring1021indicates that the plume is shrinking or stable.1022d. The release of petroleum products at the site does not1023adversely affect adjacent surface waters, including their1024effects on human health and the environment.1025e. The area of groundwater containing the petroleum1026products’ chemicals of concern is less than one-quarter acre and1027is confined to the source property boundaries of the real1028property on which the discharge originated.1029f. Soils onsite that are subject to human exposure found1030between land surface and 2 feet below land surface meet the soil1031cleanup target levels established by department rule or human1032exposure is limited by appropriate institutional or engineering1033controls.1034 2. Upon affirmative demonstration thatofthe conditions 1035 imposed under subparagraph 4. are metsubparagraph 1., the 1036 department shall issue a site rehabilitation completion order 1037 incorporating thedetermination of“No Further Action.” proposal 1038 submitted by the property owner or the responsible party, who 1039 must provide evidence of authorization from the property owner 1040Such determination acknowledges that minimal contamination1041exists onsite and that such contamination is not a threat to the1042public health, safety, or welfare, water resources, or the1043environment. If no contamination is detected, the department may 1044 issue a site rehabilitation completion order. 1045 3. Sites that are eligible for state restoration funding 1046 may receive payment of costs for the low-scored site initiative 1047 as follows: 1048 a. Aresponsible party orproperty owner, or a responsible 1049 party who provides evidence of authorization from the property 1050 owner, may submit an assessment and limited remediation plan 1051 designed to affirmatively demonstrate that the site meets the 1052 conditions imposed under subparagraph 4subparagraph 1. 1053 Notwithstanding the priority ranking score of the site, the 1054 department may approve the cost of the assessment and limited 1055 remediation, including up to 126months of groundwater 1056 monitoring and 12 months of limited remediation activities in 1057 one or more task assignments or modifications thereof, not to 1058 exceed the threshold amount provided in s. 287.017 for CATEGORY 1059 TWO,$30,000for each site where the department has determined 1060 that the assessment and limited remediation, if applicable, will 1061 likely result in a determination of “No Further Action.”.The 1062 department may not pay the costs associated with the 1063 establishment of institutional or engineering controls other 1064 than the costs associated with a professional land survey or a 1065 specific purpose survey, if such is needed, and the costs 1066 associated with obtaining a title report and paying recording 1067 fees. 1068 b. After the approval of initial site assessment results 1069 provided pursuant to state funding under sub-subparagraph a., 1070 the department may approve an additional amount not to exceed 1071 the threshold amount provided in s. 287.017 for CATEGORY TWO for 1072 limited remediation needed to achieve a determination of “No 1073 Further Action.” 1074 c.b.The assessment and limited remediation work shall be 1075 completed no later than 156months after the department 1076 authorizes the start of a state-funded, low-score site 1077 initiative task. If groundwater monitoring is required after the 1078 assessment and limited remediation in order to satisfy the 1079 conditions under subparagraph 4., the department may authorize 1080 an additional 12 months to complete the monitoringissues its1081approval. 1082 d.c.No more than $15$10million for the low-scored site 1083 initiative may be encumbered from the fund in any fiscal year. 1084 Funds shall be made available on a first-come, first-served 1085 basis and shall be limited to 10 sites in each fiscal year for 1086 eachresponsible party orproperty owner or each responsible 1087 party who provides evidence of authorization from the property 1088 owner. 1089 e.d.Program deductibles, copayments, and the limited 1090 contamination assessment report requirements under paragraph 1091 (13)(d)(13)(c)do not apply to expenditures under this 1092 paragraph. 1093 4. The department shall issue an order incorporating the 1094 “No Further Action” proposal submitted by a property owner or a 1095 responsible party who provides evidence of authorization from 1096 the property owner upon affirmative demonstration that all of 1097 the following conditions are met: 1098 a. Soil saturated with petroleum or petroleum products, or 1099 soil that causes a total corrected hydrocarbon measurement of 1100 500 parts per million or higher for the Gasoline Analytical 1101 Group or 50 parts per million or higher for the Kerosene 1102 Analytical Group, as defined by department rule, does not exist 1103 onsite as a result of a release of petroleum products. 1104 b. A minimum of 12 months of groundwater monitoring 1105 indicates that the plume is shrinking or stable. 1106 c. The release of petroleum products at the site does not 1107 adversely affect adjacent surface waters, including their 1108 effects on human health and the environment. 1109 d. The area containing the petroleum products’ chemicals of 1110 concern: 1111 (I) Is confined to the source property boundaries of the 1112 real property on which the discharge originated, unless the 1113 property owner has requested or authorized a more limited area 1114 in the “No Further Action” proposal submitted under this 1115 subsection; or 1116 (II) Has migrated from the source property onto or beneath 1117 a transportation facility as defined s. 334.03(30) for which the 1118 department has approved, and governmental entity owning the 1119 transportation facility has agreed to institutional controls as 1120 defined in s. 376.301(21). This sub-sub-subparagraph does not, 1121 however, impose any legal liability on the transportation 1122 facility owner, obligate such owner to engage in remediation, or 1123 waive such owner’s right to recover costs for damages. 1124 e. The groundwater contamination containing the petroleum 1125 products’ chemicals of concern is not a threat to any permitted 1126 potable water supply well. 1127 f. Soils onsite found between land surface and 2 feet below 1128 land surface which are subject to human exposure meet the soil 1129 cleanup target levels established in subparagraph (5)(b)9., or 1130 human exposure is limited by appropriate institutional or 1131 engineering controls. 1132 1133 Issuance of a site rehabilitation completion order under this 1134 paragraph acknowledges that minimal contamination exists onsite 1135 and that such contamination is not a threat to the public 1136 health, safety, or welfare; water resources; or the environment. 1137 Pursuant to subsection (4), the issuance of the site 1138 rehabilitation completion order, with or without conditions, 1139 does not alter eligibility for state-funded rehabilitation that 1140 would otherwise be applicable under this section. 1141 (13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage 1142 detection, reporting, and cleanup of contamination caused by 1143 discharges of petroleum or petroleum products, the department 1144 shall, within the guidelines established in this subsection, 1145 implement a cost-sharing cleanup program to provide 1146 rehabilitation funding assistance for all property contaminated 1147 by discharges of petroleum or petroleum products from a 1148 petroleum storage system occurring before January 1, 1995, 1149 subject to a copayment provided for in a Petroleum Cleanup 1150 Participation Program site rehabilitation agreement. Eligibility 1151 is subject to an annual appropriation from the fund. 1152 Additionally, funding for eligible sites is contingent upon 1153 annual appropriation in subsequent years. Such continued state 1154 funding is not an entitlement or a vested right under this 1155 subsection. Eligibility shall be determined in the program, 1156 notwithstanding any other provision of law, consent order, 1157 order, judgment, or ordinance to the contrary. 1158 (a)1. The department shall accept any discharge reporting 1159 form received before January 1, 1995, as an application for this 1160 program, and the facility owner or operator need not reapply. 1161 2. Regardless of whether ownership has changed, owners or 1162 operators of property that is contaminated by petroleum or 1163 petroleum products from a petroleum storage system may apply for 1164 such program by filing a written report of the contamination 1165 incident, including evidence that such incident occurred before 1166 January 1, 1995, with the department. Incidents of petroleum 1167 contamination discovered after December 31, 1994, at sites which 1168 have not stored petroleum or petroleum products for consumption, 1169 use, or sale after such date shall be presumed to have occurred 1170 before January 1, 1995. An operator’s filed report shall be an 1171 application of the owner for all purposes.Sites reported to the1172department after December 31, 1998, are not eligible for the1173program.1174 (b) Subject to annual appropriation from the fund, sites 1175 meeting the criteria of this subsection are eligible for up to 1176 $400,000 of site rehabilitation funding assistance in priority 1177 order pursuant to subsections (5) and (6). Sites meeting the 1178 criteria of this subsection for which a site rehabilitation 1179 completion order was issued before June 1, 2008, do not qualify 1180 for the 2008 increase in site rehabilitation funding assistance 1181 and are bound by the pre-June 1, 2008, limits. Sites meeting the 1182 criteria of this subsection for which a site rehabilitation 1183 completion order was not issued before June 1, 2008, regardless 1184 of whether they have previously transitioned to nonstate-funded 1185 cleanup status, may continue state-funded cleanup pursuant to 1186 this section until a site rehabilitation completion order is 1187 issued or the increased site rehabilitation funding assistance 1188 limit is reached, whichever occurs first. The department may not 1189 pay expenses incurred beyond the scope of an approved contract. 1190 (c) The department may also approve supplemental funding of 1191 up to $100,000 for additional remediation and monitoring if such 1192 remediation and monitoring is necessary to achieve a 1193 determination of “No Further Action.” 1194 (d) Upon notification by the department that rehabilitation 1195 funding assistance is available for the site pursuant to 1196 subsections (5) and (6), the property owner, operator, or person 1197 otherwise responsible for site rehabilitation shall provide the 1198 department with a limited contamination assessment report and 1199 shall enter into a Petroleum Cleanup Participation Program site 1200 rehabilitation agreement with the department. The agreement must 1201 provide for a 25-percent copayment by the owner, operator, or 1202 person otherwise responsible for conducting site rehabilitation. 1203 The owner, operator, or person otherwise responsible for 1204 conducting site rehabilitation shall adequately demonstrate the 1205 ability to meet the copayment obligation. The limited 1206 contamination assessment report and the copayment costs may be 1207 reduced or eliminated if the owner and all operators responsible 1208 for restoration under s. 376.308 demonstrate that they cannot 1209 financially comply with the copayment and limited contamination 1210 assessment report requirements. The department shall take into 1211 consideration the owner’s and operator’s net worth in making the 1212 determination of financial ability. In the event the department 1213 and the owner, operator, or person otherwise responsible for 1214 site rehabilitation cannot complete negotiation of the cost 1215 sharing agreement within 120 days after beginning negotiations, 1216 the department shall terminate negotiations and the site shall 1217 be ineligible for state funding under this subsection and all 1218 liability protections provided for in this subsection shall be 1219 revoked. 1220 (e)(d)A report of a discharge made to the department by a 1221 person pursuant to this subsection or any rules adopted pursuant 1222 to this subsection may not be used directly as evidence of 1223 liability for such discharge in any civil or criminal trial 1224 arising out of the discharge. 1225 (f)(e)This subsection does not preclude the department 1226 from pursuing penalties under s. 403.141 for violations of any 1227 law or any rule, order, permit, registration, or certification 1228 adopted or issued by the department pursuant to its lawful 1229 authority. 1230 (g)(f)Upon the filing of a discharge reporting form under 1231 paragraph (a), the department or local government may not pursue 1232 any judicial or enforcement action to compel rehabilitation of 1233 the discharge. This paragraph does not prevent any such action 1234 with respect to discharges determined ineligible under this 1235 subsection or to sites for which rehabilitation funding 1236 assistance is available pursuant to subsections (5) and (6). 1237 (h)(g)The following are excluded from participation in the 1238 program: 1239 1. Sites at which the department has been denied reasonable 1240 site access to implement this section. 1241 2. Sites that were active facilities when owned or operated 1242 by the Federal Government. 1243 3. Sites that are identified by the United States 1244 Environmental Protection Agency to be on, or which qualify for 1245 listing on, the National Priorities List under Superfund. This 1246 exception does not apply to those sites for which eligibility 1247 has been requested or granted as of the effective date of this 1248 act under the Early Detection Incentive Program established 1249 pursuant to s. 15, chapter 86-159, Laws of Florida. 1250 4. Sites for which contamination is covered under the Early 1251 Detection Incentive Program, the Abandoned Tank Restoration 1252 Program, or the Petroleum Liability and Restoration Insurance 1253 Program, in which case site rehabilitation funding assistance 1254 shall continue under the respective program. 1255 Section 10. Paragraph (d) of subsection (1), paragraph (a) 1256 of subsection (2), and subsection (4) of section 376.30713, 1257 Florida Statutes, are amended to read: 1258 376.30713 Advanced cleanup.— 1259 (1) In addition to the legislative findings provided in s. 1260 376.3071, the Legislature finds and declares: 1261 (d) It is appropriate for a person who is responsible for 1262 site rehabilitation to share the costs associated with managing 1263 and conducting advanced cleanup, to facilitate the opportunity 1264 for advanced cleanup, and to mitigate the additional costs that 1265 will be incurred by the state in conducting site rehabilitation 1266 in advance of the site’s priority ranking. Such cost sharing 1267 will result in more contaminated sites being cleaned up and 1268 greater environmental benefits to the state. This section is 1269 only available for sites eligible for restoration funding under 1270 EDI, ATRP, or PLRIP. This section is available for discharges 1271 eligible for restoration funding under the petroleum cleanup 1272 participation program for the state’s cost share of site 1273 rehabilitation. Applications must include a cost-sharing 1274 commitment for this section in addition to the 25-percent 1275 copayment requirement of the petroleum cleanup participation 1276 program. This section is not available for any discharge under a 1277 petroleum cleanup participation program where the 25-percent 1278 copayment requirement of the petroleum cleanup participation 1279 program has been reduced or eliminated pursuant to s. 1280 376.3071(13)(d)s. 376.3071(13)(c). 1281 (2) The department may approve an application for advanced 1282 cleanup at eligible sites, notwithstandingbefore funding based1283onthe site’s priority ranking established pursuant to s. 1284 376.3071(5)(a), pursuant to this section. Only the facility 1285 owner or operator or the person otherwise responsible for site 1286 rehabilitation qualifies as an applicant under this section. 1287 (a) Advanced cleanup applications may be submitted between 1288 May 1 and June 30 and between November 1 and December 31 of each 1289 fiscal year. Applications submitted between May 1 and June 30 1290 shall be for the fiscal year beginning July 1. An application 1291 must consist of: 1292 1. A commitment to pay 25 percent or more of the total 1293 cleanup cost deemed recoverable under this section along with 1294 proof of the ability to pay the cost share. The department shall 1295 determine whether the cost savings demonstration is acceptable. 1296 Such determination is not subject to chapter 120. 1297 a. Applications for the aggregate cleanup of 5 or more 1298 sites may be submitted in one of two formats to meet the cost 1299 share requirement: 1300 (I) For an aggregate application proposing that the 1301 department enter into a performance-based contractfor the1302cleanup of 20 or more sitesmay use a commitment to pay, a 1303 demonstrated cost savings to the department, or both to meet the 1304cost-sharerequirement. 1305 (II) For an aggregate application relying on a demonstrated 1306 cost savings to the department, the applicant shall, in 1307 conjunction with the proposed agency term contractor, establish 1308 and provide in the application the percentage of cost savings in 1309 the aggregate that is being provided to the department for 1310 cleanup of the sites under the application compared to the cost 1311 of cleanup of those same sites using the current rates provided 1312 to the department by the proposed agency term contractor.The1313department shall determine whether the cost savings1314demonstration is acceptable. Such determination is not subject1315to chapter 120.1316 b. Applications for the cleanup of individual sites may be 1317 submitted in one of two formats to meet the cost-share 1318 requirement: 1319 (I) For an individual application proposing that the 1320 department enter into a performance-based contract may use a 1321 commitment to pay, a demonstrated cost savings to the 1322 department, or both to meet the requirement. 1323 (II) For an individual application relying on a 1324 demonstrated cost savings to the department, the applicant 1325 shall, in conjunction with the proposed agency term contractor, 1326 establish and provide in the application a 25-percent cost 1327 savings to the department for cleanup of the site under the 1328 application compared to the cost of cleanup of the same site 1329 using the current rates provided to the department by the 1330 proposed agency term contractor. 1331 2. A nonrefundable review fee of $250 to cover the 1332 administrative costs associated with the department’s review of 1333 the application. 1334 3. A limited contamination assessment report. 1335 4. A proposed course of action. 1336 5. A department site access agreement, or similar 1337 agreements approved by the department that do not violate state 1338 law, entered into with the property owner or owners, as 1339 applicable, and evidence of authorization from such owner or 1340 owners for petroleum site rehabilitation program tasks 1341 consistent with the proposed course of action where the 1342 applicant is not the property owner for any of the sites 1343 contained in the application. 1344 1345 The limited contamination assessment report must be sufficient 1346 to support the proposed course of action and to estimate the 1347 cost of the proposed course of action. Costs incurred related to 1348 conducting the limited contamination assessment report are not 1349 refundable from the Inland Protection Trust Fund. Site 1350 eligibility under this subsection or any other provision of this 1351 section is not an entitlement to advanced cleanup or continued 1352 restoration funding. The applicant shall certify to the 1353 department that the applicant has the prerequisite authority to 1354 enter into an advanced cleanup contract with the department. The 1355 certification must be submitted with the application. 1356 (4) The department may enter into contracts for a total of 1357 up to $25$15million of advanced cleanup work in each fiscal 1358 year. However, a facility or an applicant who bundles multiple 1359 sites as specified in subparagraph (2)(a)1. may not be approved 1360 for more than $5 million of cleanup activity in each fiscal 1361 year. A property owner or responsible party may enter into a 1362 voluntary cost-share agreement in which the property owner or 1363 responsible party commits to bundle multiple sites and lists the 1364 facilities that will be included in those future bundles. The 1365 facilities listed are not subject to agency term contractor 1366 assignment pursuant to department rule. The department reserves 1367 the right to terminate or amend the voluntary cost-share 1368 agreement for any identified site under the voluntary cost-share 1369 agreement if the property owner or responsible party fails to 1370 submit an application to bundle any site, not already covered by 1371 an advance cleanup contract, under such voluntary cost-share 1372 agreement within a subsequent open application period during 1373 which it is eligible to participate. For the purposes of this 1374 section, the term “facility” includes, but is not limited to, 1375 multiple site facilities such as airports, port facilities, and 1376 terminal facilities even though such enterprises may be treated 1377 as separate facilities for other purposes under this chapter. 1378 Section 11. This act shall take effect July 1, 2016.