Bill Text: FL S1018 | 2017 | Regular Session | Comm Sub

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-Comm_Sub.html
       Florida Senate - 2017                             CS for SB 1018
       By the Committee on Environmental Preservation and Conservation;
       and Senator Grimsley
       592-02440-17                                          20171018c1
    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.; providing a statement of public
   18         interest; authorizing site assessments in advance of
   19         site priority ranking under certain circumstances;
   20         specifying criteria for sites to be eligible for such
   21         assessments; specifying what must be demonstrated
   22         through such assessments; specifying criteria for the
   23         assignment of assessment tasks; specifying funding
   24         limitations; specifying the prioritization of
   25         requests; amending s. 220.1845, F.S.; increasing the
   26         total amount of an authorization for tax credits;
   27         amending s. 376.30781, F.S.; increasing the total
   28         amount of tax credits the department is responsible
   29         for allocating; providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Paragraphs (a) and (c) of subsection (1) and
   34  subsections (2) and (4) of section 376.30713, Florida Statutes,
   35  are amended to read:
   36         376.30713 Advanced cleanup.—
   37         (1) In addition to the legislative findings provided in s.
   38  376.3071, the Legislature finds and declares:
   39         (a) That the inability to conduct site rehabilitation in
   40  advance of a site’s priority ranking pursuant to s.
   41  376.3071(5)(a) may substantially impede or prohibit property
   42  redevelopment, property transactions, or the proper completion
   43  of public works projects.
   44         (c) It is in the public interest and of substantial
   45  economic benefit to the state to provide an opportunity for site
   46  rehabilitation to be conducted on a limited basis at
   47  contaminated sites, in advance of the site’s priority ranking,
   48  to encourage redevelopment and facilitate property transactions
   49  or public works projects.
   50         (2) The department may approve an application for advanced
   51  cleanup at eligible sites, notwithstanding the site’s priority
   52  ranking established pursuant to s. 376.3071(5)(a), pursuant to
   53  this section. Only the facility owner or operator or the person
   54  otherwise responsible for site rehabilitation qualifies as an
   55  applicant under this section.
   56         (a) Advanced cleanup applications may be submitted between
   57  May 1 and June 30 and between November 1 and December 31 of each
   58  fiscal year. Applications submitted between May 1 and June 30
   59  shall be for the fiscal year beginning July 1. An application
   60  must consist of:
   61         1. A commitment to pay 25 percent or more of the total
   62  cleanup cost deemed recoverable under this section along with
   63  proof of the ability to pay the cost share or a demonstration
   64  that the applicant is in compliance with sub-sub-subparagraphs
   65  c.(I) and (II). The department shall determine whether the cost
   66  savings or compliance demonstration is acceptable. Such
   67  determination is not subject to chapter 120.
   68         a. Applications for the aggregate cleanup of five or more
   69  sites may be submitted in one of two formats to meet the cost
   70  share requirement:
   71         (I) For an aggregate application proposing that the
   72  department enter into a performance-based contract, the
   73  applicant may use a commitment to pay, a demonstrated cost
   74  savings to the department, or both to meet the requirement.
   75         (II) For an aggregate application relying on a demonstrated
   76  cost savings to the department, the applicant shall, in
   77  conjunction with the proposed agency term contractor, establish
   78  and provide in the application the percentage of cost savings in
   79  the aggregate that is being provided to the department for
   80  cleanup of the sites under the application compared to the cost
   81  of cleanup of those same sites using the current rates provided
   82  to the department by the proposed agency term contractor.
   83         b. Applications for the cleanup of individual sites may be
   84  submitted in one of two formats to meet the cost-share
   85  requirement:
   86         (I) For an individual application proposing that the
   87  department enter into a performance-based contract, the
   88  applicant may use a commitment to pay, a demonstrated cost
   89  savings to the department, or both to meet the requirement.
   90         (II) For an individual application relying on a
   91  demonstrated cost savings to the department, the applicant
   92  shall, in conjunction with the proposed agency term contractor,
   93  establish and provide in the application a 25-percent cost
   94  savings to the department for cleanup of the site under the
   95  application compared to the cost of cleanup of the same site
   96  using the current rates provided to the department by the
   97  proposed agency term contractor.
   98         c.Applications for the cleanup of individual redevelopment
   99  sites are not subject to the application period limitations
  100  specified in paragraph (a) or to the cost-share provisions in
  101  paragraph (1)(d) and are accepted on a first-come, first-served
  102  basis. Applications for the cleanup of individual redevelopment
  103  sites must include:
  104         (I)Certification that the applicant has consulted with the
  105  local government having jurisdiction over the area about the
  106  proposed redevelopment of the site, that the local government is
  107  in agreement with or approves the proposed redevelopment, and
  108  that the proposed redevelopment complies with applicable laws
  109  and requirements for such redevelopment. The certification shall
  110  be accomplished by referencing or providing a legally recorded
  111  or officially approved land use or site plan, a development
  112  order or approval, a building permit, or a similar official
  113  document issued by the local government which reflects the local
  114  government’s approval of the proposed redevelopment of the site
  115  or by providing a letter from the local government which
  116  describes the proposed redevelopment of the site and expresses
  117  the local government’s agreement with or approval of the
  118  proposed redevelopment.
  119         (II)A demonstrated reasonable assurance that the applicant
  120  has sufficient financial resources to implement and complete the
  121  redevelopment project.
  122         2. A nonrefundable review fee of $250 to cover the
  123  administrative costs associated with the department’s review of
  124  the application.
  125         3. A limited contamination assessment report.
  126         4. A proposed course of action.
  127         5. A department site access agreement, or similar
  128  agreements approved by the department that do not violate state
  129  law, entered into with the property owner or owners, as
  130  applicable, and evidence of authorization from such owner or
  131  owners for petroleum site rehabilitation program tasks
  132  consistent with the proposed course of action where the
  133  applicant is not the property owner for any of the sites
  134  contained in the application.
  136  The limited contamination assessment report must be sufficient
  137  to support the proposed course of action and to estimate the
  138  cost of the proposed course of action. Costs incurred related to
  139  conducting the limited contamination assessment report are not
  140  refundable from the Inland Protection Trust Fund. Site
  141  eligibility under this subsection or any other provision of this
  142  section is not an entitlement to advanced cleanup or continued
  143  restoration funding. The applicant shall certify to the
  144  department that the applicant has the prerequisite authority to
  145  enter into an advanced cleanup contract with the department. The
  146  certification must be submitted with the application.
  147         (b) The department shall rank the applications specified in
  148  sub-subparagraphs (a)1.a. and b. based on the percentage of
  149  cost-sharing commitment proposed by the applicant, with the
  150  highest ranking given to the applicant who proposes the highest
  151  percentage of cost sharing. If the department receives
  152  applications that propose identical cost-sharing commitments and
  153  that exceed the funds available to commit to all such proposals
  154  during the advanced cleanup application period, the department
  155  shall proceed to rerank those applicants. Those applicants
  156  submitting identical cost-sharing proposals that exceed funding
  157  availability must be so notified by the department and offered
  158  the opportunity to raise their individual cost-share
  159  commitments, in a period specified in the notice. At the close
  160  of the period, the department shall proceed to rerank the
  161  applications pursuant to this paragraph.
  162         (4) The department may enter into contracts for a total of
  163  up to $30 $25 million of advanced cleanup work in each fiscal
  164  year. Up to $5 million of these funds may be designated for
  165  cleanup of individual redevelopment sites as referenced in sub
  166  subparagraph (2)(a)1.c.
  167         (a)However, A facility or an applicant who bundles
  168  multiple sites as specified in subparagraph (2)(a)1. may not be
  169  approved for more than $5 million of cleanup activity in each
  170  fiscal year.
  171         (b)A facility or an applicant applying for cleanup of
  172  individual redevelopment sites as referenced in sub-subparagraph
  173  (2)(a)1.c. may not be approved for more than $1 million of
  174  cleanup activity in each fiscal year.
  175         (c) A property owner or responsible party may enter into a
  176  voluntary cost-share agreement in which the property owner or
  177  responsible party commits to bundle multiple sites and lists the
  178  facilities that will be included in those future bundles. The
  179  facilities listed are not subject to agency term contractor
  180  assignment pursuant to department rule. The department reserves
  181  the right to terminate or amend the voluntary cost-share
  182  agreement for any identified site under the voluntary cost-share
  183  agreement if the property owner or responsible party fails to
  184  submit an application to bundle any site, not already covered by
  185  an advance cleanup contract, under such voluntary cost-share
  186  agreement within a subsequent open application period during
  187  which it is eligible to participate. For the purposes of this
  188  section, the term “facility” includes, but is not limited to,
  189  multiple site facilities such as airports, port facilities, and
  190  terminal facilities even though such enterprises may be treated
  191  as separate facilities for other purposes under this chapter.
  192         Section 2. Subsection (14) is added to section 376.3078,
  193  Florida Statutes, to read:
  194         376.3078 Drycleaning facility restoration; funds; uses;
  195  liability; recovery of expenditures.—
  196         (14)ADVANCED SITE ASSESSMENT.—It is in the public
  197  interest, and of substantial environmental and economic benefit
  198  to the state, to provide an opportunity to conduct site
  199  assessment on a limited basis at contaminated sites in advance
  200  of the ranking of the sites on the priority list as specified in
  201  subsection (8).
  202         (a)A real property owner who is eligible for site
  203  rehabilitation at a facility that has been determined eligible
  204  for the drycleaning solvent cleanup program under this section
  205  may request an advanced site assessment, and the department may
  206  authorize the performance of a site assessment in advance of the
  207  ranking of the site on the priority list as specified in
  208  subsection (8), if the following criteria are met:
  209         1.The site assessment information would provide new
  210  information that would be sufficient for the department to
  211  better evaluate the actual risk of the contamination, thereby
  212  reducing the risk to public health and the environment;
  213         2.The property owner agrees:
  214         a.To implement the appropriate institutional controls
  215  allowed by department rules adopted pursuant to subsection (4)
  216  at the time the property owner requests the advanced site
  217  assessment; and
  218         b.To implement and maintain, upon completion of the
  219  cleanup, the required institutional controls, or a combination
  220  of institutional and engineering controls, when the site meets
  221  the site rehabilitation criteria for closure with controls in
  222  accordance with department rules adopted pursuant to subsection
  223  (4);
  224         3.Current conditions at the site allow the site assessment
  225  to be conducted in a manner that will result in cost savings to
  226  the Water Quality Assurance Trust Fund;
  227         4.There is sufficient money in the annual Water Quality
  228  Assurance Trust Fund appropriation for the drycleaning solvent
  229  cleanup program to pay for the site assessment; and
  230         5.In accordance with subsection (3), access to the site is
  231  provided and the deductible is paid.
  232         (b)A site may be assessed out of priority ranking order
  233  when, at the department’s discretion, the site assessment will
  234  provide a cost savings to the program.
  235         (c)An advanced site assessment must incorporate risk-based
  236  corrective action principles to achieve protection of human
  237  health and safety and the environment in a cost-effective
  238  manner, in accordance with subsection (4). The site assessment
  239  must also be sufficient to estimate the cost and determine the
  240  proposed course of action toward site cleanup. Advanced site
  241  assessment activities performed under this subsection shall be
  242  designed to affirmatively demonstrate that the site meets one of
  243  the following findings based on the following specified
  244  criteria:
  245         1.Recommend remedial action to mitigate risks that, in the
  246  judgment of the department, are a threat to human health or
  247  where failure to prevent migration of drycleaning solvents would
  248  cause irreversible damage to the environment;
  249         2.Recommend additional groundwater monitoring to support
  250  natural attenuation monitoring or long-term groundwater
  251  monitoring; or
  252         3.Recommend “no further action,” with or without
  253  institutional controls or institutional and engineering
  254  controls, for those sites that meet the “no further action”
  255  criteria department rules adopted pursuant to subsection (4).
  257  If the site does not meet one of the findings specified in
  258  subparagraphs 1.-3., the department shall notify the property
  259  owner in writing of this decision, and the site shall be
  260  returned to its priority ranking order in accordance with its
  261  score.
  262         (d)Advanced site assessment program tasks shall be
  263  assigned by the drycleaning solvent cleanup program. In addition
  264  to the provisions in paragraph (a), the assignment of site
  265  assessment tasks shall be based on the department’s
  266  determination of contractor logistics, geographical
  267  considerations, and other criteria that the department
  268  determines are necessary to achieve the most cost-effective
  269  approach.
  270         (e)Available funding for advanced site assessments may not
  271  exceed 10 percent of the annual Water Quality Assurance Trust
  272  Fund appropriation for the drycleaning solvent cleanup program.
  273         (f)The total funds committed to any one site may not
  274  exceed $70,000.
  275         (g)The department shall prioritize the requests for
  276  advanced site assessment, based on the date of receipt and the
  277  environmental and economic value to the state, until 10 percent
  278  of the annual Water Quality Assurance Trust Fund appropriation,
  279  as provided in paragraph (e), has been obligated.
  280         Section 3. Paragraph (f) of subsection (2) of section
  281  220.1845, Florida Statutes, is amended to read:
  282         220.1845 Contaminated site rehabilitation tax credit.—
  284         (f) The total amount of the tax credits which may be
  285  granted under this section is $21.6 million in the 2015-2016
  286  fiscal year, and $5 million in the 2016-2017 fiscal year, and
  287  $10 million annually thereafter.
  288         Section 4. Subsection 4 of section 376.30781, Florida
  289  Statutes, is amended to read:
  290         376.30781 Tax credits for rehabilitation of drycleaning
  291  solvent-contaminated sites and brownfield sites in designated
  292  brownfield areas; application process; rulemaking authority;
  293  revocation authority.—
  294         (4) The Department of Environmental Protection is
  295  responsible for allocating the tax credits provided for in s.
  296  220.1845, which may not exceed a total of $21.6 million in tax
  297  credits in the 2015-2016 fiscal year, and $5 million in tax
  298  credits in the 2016-2017 fiscal year, and $10 million in tax
  299  credits annually thereafter.
  300         Section 5. This act shall take effect July 1, 2017.