Bill Text: FL S1018 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pollution

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-15 - Chapter No. 2017-95 [S1018 Detail]

Download: Florida-2017-S1018-Introduced.html
       Florida Senate - 2017                                    SB 1018
       By Senator Perry
       8-00417B-17                                           20171018__
    1                        A bill to be entitled                      
    2         An act relating to contaminated site cleanup; amending
    3         s. 376.30713, F.S.; revising legislative findings;
    4         providing an exception to a requirement that an
    5         applicant for advanced cleanup demonstrate an ability
    6         to pay cost share; requiring that the Department of
    7         Environmental Protection determine whether specified
    8         requirements are acceptable under certain
    9         circumstances; providing that the application for the
   10         cleanup of individual redevelopment sites is not
   11         subject to certain application period limitations and
   12         cost-share provisions; specifying the application
   13         requirements for such sites; conforming provisions to
   14         changes made by the act; increasing the amount per
   15         year the department may use for advanced cleanup work;
   16         specifying expenditure limitations; amending s.
   17         376.3078, F.S.; authorizing the department to initiate
   18         site assessment and remediation activities under
   19         certain circumstances; providing a statement of public
   20         interest; authorizing site assessments in advance of
   21         site priority ranking under certain circumstances;
   22         specifying criteria for sites to be eligible for such
   23         assessments; specifying what must be demonstrated
   24         through such assessments; specifying criteria for the
   25         assignment of assessment tasks; specifying funding
   26         limitations; specifying the prioritization of
   27         requests; amending s. 376.86, F.S.; requiring that
   28         certain funds not pledged as loan guarantees or loan
   29         loss reserves be made available for certain voluntary
   30         tax credit authorizations; providing an effective
   31         date.
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Paragraphs (a) and (c) of subsection (1) and
   36  subsections (2) and (4) of section 376.30713, Florida Statutes,
   37  are amended to read:
   38         376.30713 Advanced cleanup.—
   39         (1) In addition to the legislative findings provided in s.
   40  376.3071, the Legislature finds and declares:
   41         (a) That the inability to conduct site rehabilitation in
   42  advance of a site’s priority ranking pursuant to s.
   43  376.3071(5)(a) may substantially impede or prohibit property
   44  redevelopment, property transactions, or the proper completion
   45  of public works projects.
   46         (c) It is in the public interest and of substantial
   47  economic benefit to the state to provide an opportunity for site
   48  rehabilitation to be conducted on a limited basis at
   49  contaminated sites, in advance of the site’s priority ranking,
   50  to encourage redevelopment and facilitate property transactions
   51  or public works projects.
   52         (2) The department may approve an application for advanced
   53  cleanup at eligible sites, notwithstanding the site’s priority
   54  ranking established pursuant to s. 376.3071(5)(a), pursuant to
   55  this section. Only the facility owner or operator or the person
   56  otherwise responsible for site rehabilitation qualifies as an
   57  applicant under this section.
   58         (a) Advanced cleanup applications may be submitted between
   59  May 1 and June 30 and between November 1 and December 31 of each
   60  fiscal year. Applications submitted between May 1 and June 30
   61  shall be for the fiscal year beginning July 1. An application
   62  must consist of:
   63         1. A commitment to pay 25 percent or more of the total
   64  cleanup cost deemed recoverable under this section along with
   65  proof of the ability to pay the cost share or a demonstration
   66  that the applicant is in compliance with sub-sub-subparagraphs
   67  c.(I) and (II). The department shall determine whether the cost
   68  savings or compliance demonstration is acceptable. Such
   69  determination is not subject to chapter 120.
   70         a. Applications for the aggregate cleanup of five or more
   71  sites may be submitted in one of two formats to meet the cost
   72  share requirement:
   73         (I) For an aggregate application proposing that the
   74  department enter into a performance-based contract, the
   75  applicant may use a commitment to pay, a demonstrated cost
   76  savings to the department, or both to meet the requirement.
   77         (II) For an aggregate application relying on a demonstrated
   78  cost savings to the department, the applicant shall, in
   79  conjunction with the proposed agency term contractor, establish
   80  and provide in the application the percentage of cost savings in
   81  the aggregate that is being provided to the department for
   82  cleanup of the sites under the application compared to the cost
   83  of cleanup of those same sites using the current rates provided
   84  to the department by the proposed agency term contractor.
   85         b. Applications for the cleanup of individual sites may be
   86  submitted in one of two formats to meet the cost-share
   87  requirement:
   88         (I) For an individual application proposing that the
   89  department enter into a performance-based contract, the
   90  applicant may use a commitment to pay, a demonstrated cost
   91  savings to the department, or both to meet the requirement.
   92         (II) For an individual application relying on a
   93  demonstrated cost savings to the department, the applicant
   94  shall, in conjunction with the proposed agency term contractor,
   95  establish and provide in the application a 25-percent cost
   96  savings to the department for cleanup of the site under the
   97  application compared to the cost of cleanup of the same site
   98  using the current rates provided to the department by the
   99  proposed agency term contractor.
  100         2. A nonrefundable review fee of $250 to cover the
  101  administrative costs associated with the department’s review of
  102  the application.
  103         3. A limited contamination assessment report.
  104         4. A proposed course of action.
  105         5. A department site access agreement, or similar
  106  agreements approved by the department that do not violate state
  107  law, entered into with the property owner or owners, as
  108  applicable, and evidence of authorization from such owner or
  109  owners for petroleum site rehabilitation program tasks
  110  consistent with the proposed course of action where the
  111  applicant is not the property owner for any of the sites
  112  contained in the application.
  114  The limited contamination assessment report must be sufficient
  115  to support the proposed course of action and to estimate the
  116  cost of the proposed course of action. Costs incurred related to
  117  conducting the limited contamination assessment report are not
  118  refundable from the Inland Protection Trust Fund. Site
  119  eligibility under this subsection or any other provision of this
  120  section is not an entitlement to advanced cleanup or continued
  121  restoration funding. The applicant shall certify to the
  122  department that the applicant has the prerequisite authority to
  123  enter into an advanced cleanup contract with the department. The
  124  certification must be submitted with the application.
  125         c.Applications for the cleanup of individual redevelopment
  126  sites are not subject to the application period limitations
  127  specified in paragraph (a) or to the cost-share provisions in
  128  paragraph (1)(d) and are accepted on a first-come, first-served
  129  basis. Applications for the cleanup of individual redevelopment
  130  sites must include:
  131         (I)Certification that the applicant has consulted with the
  132  local government having jurisdiction over the area about the
  133  proposed redevelopment of the site, that the local government is
  134  in agreement with or approves the proposed redevelopment, and
  135  that the proposed redevelopment complies with applicable laws
  136  and requirements for such redevelopment. The certification shall
  137  be accomplished by referencing or providing a legally recorded
  138  or officially approved land use or site plan, a development
  139  order or approval, a building permit, or a similar official
  140  document issued by the local government which reflects the local
  141  government’s approval of the proposed redevelopment of the site
  142  or by providing a letter from the local government which
  143  describes the proposed redevelopment of the site and expresses
  144  the local government’s agreement with or approval of the
  145  proposed redevelopment.
  146         (II)A demonstrated reasonable assurance that the applicant
  147  has sufficient financial resources to implement and complete the
  148  redevelopment project.
  149         (b) The department shall rank the applications specified in
  150  sub-subparagraphs (a)1.a. and b. based on the percentage of
  151  cost-sharing commitment proposed by the applicant, with the
  152  highest ranking given to the applicant who proposes the highest
  153  percentage of cost sharing. If the department receives
  154  applications that propose identical cost-sharing commitments and
  155  that exceed the funds available to commit to all such proposals
  156  during the advanced cleanup application period, the department
  157  shall proceed to rerank those applicants. Those applicants
  158  submitting identical cost-sharing proposals that exceed funding
  159  availability must be so notified by the department and offered
  160  the opportunity to raise their individual cost-share
  161  commitments, in a period specified in the notice. At the close
  162  of the period, the department shall proceed to rerank the
  163  applications pursuant to this paragraph.
  164         (4) The department may enter into contracts for a total of
  165  up to $30 $25 million of advanced cleanup work in each fiscal
  166  year. Up to $5 million of these funds may be designated for
  167  cleanup of individual redevelopment sites as referenced in sub
  168  subparagraph (2)(a)1.c.
  169         (a)However, A facility or an applicant who bundles
  170  multiple sites as specified in subparagraph (2)(a)1. may not be
  171  approved for more than $5 million of cleanup activity in each
  172  fiscal year.
  173         (b)A facility or an applicant applying for cleanup of
  174  individual redevelopment sites as referenced in sub-subparagraph
  175  (2)(a)1.c. may not be approved for more than $1 million of
  176  cleanup activity in each fiscal year.
  177         (c) A property owner or responsible party may enter into a
  178  voluntary cost-share agreement in which the property owner or
  179  responsible party commits to bundle multiple sites and lists the
  180  facilities that will be included in those future bundles. The
  181  facilities listed are not subject to agency term contractor
  182  assignment pursuant to department rule. The department reserves
  183  the right to terminate or amend the voluntary cost-share
  184  agreement for any identified site under the voluntary cost-share
  185  agreement if the property owner or responsible party fails to
  186  submit an application to bundle any site, not already covered by
  187  an advance cleanup contract, under such voluntary cost-share
  188  agreement within a subsequent open application period during
  189  which it is eligible to participate. For the purposes of this
  190  section, the term “facility” includes, but is not limited to,
  191  multiple site facilities such as airports, port facilities, and
  192  terminal facilities even though such enterprises may be treated
  193  as separate facilities for other purposes under this chapter.
  194         Section 2. Paragraph (h) of subsection (8) of section
  195  376.3078, Florida Statutes, is amended, and subsection (14) is
  196  added to that section, to read:
  197         376.3078 Drycleaning facility restoration; funds; uses;
  198  liability; recovery of expenditures.—
  200         (h) Regardless of the score of a site, the department may
  201  initiate site assessment and remediation activities, or
  202  emergency action, for those sites that, in the judgment of the
  203  department, are a threat to human health and safety, or where
  204  failure to prevent migration of drycleaning solvents would cause
  205  irreversible damage to the environment.
  206         (14)ADVANCED SITE ASSESSMENT.—It is in the public
  207  interest, and of substantial environmental and economic benefit
  208  to the state, to provide an opportunity to conduct site
  209  assessment on a limited basis at contaminated sites in advance
  210  of the ranking of the sites on the priority list as specified in
  211  subsection (8).
  212         (a)A real property owner who is eligible for site
  213  rehabilitation at a facility that has been determined eligible
  214  for the drycleaning solvent cleanup program under this section
  215  may request an advanced site assessment, and the department may
  216  authorize the performance of a site assessment in advance of the
  217  ranking of the site on the priority list as specified in
  218  subsection (8), if the following criteria are met:
  219         1.The site assessment information would provide new
  220  information that would be sufficient for the department to
  221  better evaluate the actual risk of the contamination, thereby
  222  reducing the risk to public health and the environment;
  223         2.The property owner agrees:
  224         a.To implement the appropriate institutional controls
  225  allowed by department rules adopted pursuant to subsection (4)
  226  at the time the property owner requests the advanced site
  227  assessment; and
  228         b.To implement and maintain, upon completion of the
  229  cleanup, the required institutional controls, or a combination
  230  of institutional and engineering controls, when the site meets
  231  the site rehabilitation criteria for closure with controls in
  232  accordance with department rules adopted pursuant to subsection
  233  (4);
  234         3.Current conditions at the site allow the site assessment
  235  to be conducted in a manner that will result in cost savings to
  236  the Water Quality Assurance Trust Fund;
  237         4.There is sufficient money in the annual Water Quality
  238  Assurance Trust Fund appropriation for the drycleaning solvent
  239  cleanup program to pay for the site assessment; and
  240         5.In accordance with subsection (3), access to the site is
  241  provided and the deductible is paid.
  242         (b)A site may be assessed out of priority ranking order
  243  when, at the department’s discretion, the site assessment will
  244  provide a cost savings to the program.
  245         (c)An advanced site assessment must incorporate risk-based
  246  corrective action principles to achieve protection of human
  247  health and safety and the environment in a cost-effective
  248  manner, in accordance with subsection (4). The site assessment
  249  must also be sufficient to estimate the cost and determine the
  250  proposed course of action toward site cleanup. Advanced site
  251  assessment activities performed under this subsection shall be
  252  designed to affirmatively demonstrate that the site meets one of
  253  the following findings based on the following specified
  254  criteria:
  255         1.Recommend remedial action to mitigate risks that, in the
  256  judgment of the department, are a threat to human health or
  257  where failure to prevent migration of drycleaning solvents would
  258  cause irreversible damage to the environment;
  259         2.Recommend additional groundwater monitoring to support
  260  natural attenuation monitoring or long-term groundwater
  261  monitoring; or
  262         3.Recommend “no further action,” with or without
  263  institutional controls or institutional and engineering
  264  controls, for those sites that meet the “no further action”
  265  criteria department rules adopted pursuant to subsection (4).
  267  If the site does not meet one of the findings specified in
  268  subparagraphs 1.-3., the department shall notify the property
  269  owner in writing of this decision, and the site shall be
  270  returned to its priority ranking order in accordance with its
  271  score.
  272         (d)Advanced site assessment program tasks shall be
  273  assigned by the drycleaning solvent cleanup program. In addition
  274  to the provisions in paragraph (a), the assignment of site
  275  assessment tasks shall be based on the department’s
  276  determination of contractor logistics, geographical
  277  considerations, and other criteria that the department
  278  determines are necessary to achieve the most cost-effective
  279  approach.
  280         (e)Available funding for advanced site assessments may not
  281  exceed 10 percent of the annual Water Quality Assurance Trust
  282  Fund appropriation for the drycleaning solvent cleanup program.
  283         (f)The total funds committed to any one site may not
  284  exceed $70,000.
  285         (g)The department shall prioritize the requests for
  286  advanced site assessment, based on the date of receipt and the
  287  environmental and economic value to the state, until 10 percent
  288  of the annual Water Quality Assurance Trust Fund appropriation,
  289  as provided in paragraph (e), has been obligated.
  290         Section 3. Subsection (9) is added to section 376.86,
  291  Florida Statutes, to read:
  292         376.86 Brownfield Areas Loan Guarantee Program.—
  293         (9) Funds not pledged by the council for loan guarantees or
  294  as loan loss reserves pursuant to this section must be made
  295  available annually for the voluntary cleanup tax credit
  296  authorizations provided in ss. 220.1845 and 376.30781. By June 1
  297  of each year, the department shall determine the amount of funds
  298  that will be made available for the voluntary tax credit
  299  authorizations specified in this subsection.
  300         Section 4. This act shall take effect July 1, 2017.