Bill Amendment: FL S1302 | 2015 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Contaminated Sites

Status: 2015-04-28 - Died on Calendar [S1302 Detail]

Download: Florida-2015-S1302-Senate_Committee_Amendment_149374.html

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       Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1302
       
       
       
       
       
       
                                Ì149374@Î149374                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Environmental Preservation and Conservation
       (Evers) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 301 - 313
    4  and insert:
    5         Section 3. Present subsections (3) through (11) of section
    6  376.79, Florida Statutes, are redesignated as subsections (4)
    7  through (12), respectively, and present subsections (13) through
    8  (19) are redesignated as subsections (14) to (21), respectively,
    9  and new subsections (3) and (13) are added to that section, to
   10  read:
   11         376.79 Definitions relating to Brownfields Redevelopment
   12  Act.—As used in ss. 376.77-376.85, the term:
   13         (3) "Background concentration" means the concentration of
   14  contaminants naturally occurring or resulting from anthropogenic
   15  impacts unrelated to the discharge of pollutants or hazardous
   16  substances at a contaminated site undergoing site
   17  rehabilitation.
   18         (13) "Long-term natural attenuation" means natural
   19  attenuation approved by the department as a site rehabilitation
   20  program task for a period of more than 5 years.
   21         Section 4. Section 376.81, Florida Statutes, is amended to
   22  read:
   23         376.81 Brownfield site and brownfield areas contamination
   24  cleanup criteria.—
   25         (1) It is the intent of the Legislature to protect the
   26  health of all people under actual circumstances of exposure. By
   27  July 1, 2001, the secretary of the department shall establish
   28  criteria by rule for the purpose of determining, on a site
   29  specific basis, the rehabilitation program tasks that comprise a
   30  site rehabilitation program and the level at which a
   31  rehabilitation program task and a site rehabilitation program
   32  may be deemed completed. In establishing the rule, the
   33  department shall apply, to the maximum extent feasible, a risk
   34  based corrective action process to achieve protection of human
   35  health and safety and the environment in a cost-effective manner
   36  based on the principles set forth in this subsection. The rule
   37  must prescribe a phased risk-based corrective action process
   38  that is iterative and that tailors site rehabilitation tasks to
   39  site-specific conditions and risks. The department and the
   40  person responsible for brownfield site rehabilitation are
   41  encouraged to establish decision points at which risk management
   42  decisions will be made. The department shall provide an early
   43  decision, when requested, regarding applicable exposure factors
   44  and a risk management approach based on the current and future
   45  land use at the site. The rule must shall also include protocols
   46  for the use of natural attenuation, including long-term natural
   47  attenuation where site conditions warrant, the use of
   48  institutional and engineering controls, and the issuance of “no
   49  further action” letters. The criteria for determining what
   50  constitutes a rehabilitation program task or completion of a
   51  site rehabilitation program task or site rehabilitation program
   52  must:
   53         (a) Consider the current exposure and potential risk of
   54  exposure to humans and the environment, including multiple
   55  pathways of exposure. The physical, chemical, and biological
   56  characteristics of each contaminant must be considered in order
   57  to determine the feasibility of risk-based corrective action
   58  assessment.
   59         (b) Establish the point of compliance at the source of the
   60  contamination. However, the department may is authorized to
   61  temporarily move the point of compliance to the boundary of the
   62  property, or to the edge of the plume when the plume is within
   63  the property boundary, while cleanup, including cleanup through
   64  natural attenuation processes in conjunction with appropriate
   65  monitoring, is proceeding. The department may also is
   66  authorized, pursuant to criteria provided for in this section,
   67  to temporarily extend the point of compliance beyond the
   68  property boundary with appropriate monitoring, if such extension
   69  is needed to facilitate natural attenuation or to address the
   70  current conditions of the plume, provided human health, public
   71  safety, and the environment are protected. When temporarily
   72  extending the point of compliance beyond the property boundary,
   73  it cannot be extended further than the lateral extent of the
   74  plume at the time of execution of the brownfield site
   75  rehabilitation agreement, if known, or the lateral extent of the
   76  plume as defined at the time of site assessment. Temporary
   77  extension of the point of compliance beyond the property
   78  boundary, as provided in this paragraph, must include actual
   79  notice by the person responsible for brownfield site
   80  rehabilitation to local governments and the owners of any
   81  property into which the point of compliance is allowed to extend
   82  and constructive notice to residents and business tenants of the
   83  property into which the point of compliance is allowed to
   84  extend. Persons receiving notice pursuant to this paragraph
   85  shall have the opportunity to comment within 30 days of receipt
   86  of the notice.
   87         (c) Ensure that the site-specific cleanup goal is that all
   88  contaminated brownfield sites and brownfield areas ultimately
   89  achieve the applicable cleanup target levels provided in this
   90  section. In the circumstances provided below, and after
   91  constructive notice and opportunity to comment within 30 days
   92  from receipt of the notice to local government, to owners of any
   93  property into which the point of compliance is allowed to
   94  extend, and to residents on any property into which the point of
   95  compliance is allowed to extend, the department may allow
   96  concentrations of contaminants to temporarily exceed the
   97  applicable cleanup target levels while cleanup, including
   98  cleanup through natural attenuation processes in conjunction
   99  with appropriate monitoring, is proceeding, if human health,
  100  public safety, and the environment are protected.
  101         (d) Allow brownfield site and brownfield area
  102  rehabilitation programs to include the use of institutional or
  103  engineering controls, where appropriate, to eliminate or control
  104  the potential exposure to contaminants of humans or the
  105  environment. The use of controls must be preapproved by the
  106  department and only after constructive notice and opportunity to
  107  comment within 30 days from receipt of notice is provided to
  108  local governments, to owners of any property into which the
  109  point of compliance is allowed to extend, and to residents on
  110  any property into which the point of compliance is allowed to
  111  extend. When institutional or engineering controls are
  112  implemented to control exposure, the removal of the controls
  113  must have prior department approval and must be accompanied by
  114  the resumption of active cleanup, or other approved controls,
  115  unless cleanup target levels under this section have been
  116  achieved.
  117         (e) Consider the interactive additive effects of
  118  contaminants, including additive, synergistic, and antagonistic
  119  effects. The synergistic and antagonistic effects shall also be
  120  considered when the scientific data become available.
  121         (f) Take into consideration individual site
  122  characteristics, which shall include, but not be limited to, the
  123  current and projected use of the affected groundwater and
  124  surface water in the vicinity of the site, current and projected
  125  land uses of the area affected by the contamination, the exposed
  126  population, the degree and extent of contamination, the rate of
  127  contaminant migration, the apparent or potential rate of
  128  contaminant degradation through natural attenuation processes,
  129  the location of the plume, and the potential for further
  130  migration in relation to site property boundaries.
  131         (g) Apply state water quality standards as follows:
  132         1. Cleanup target levels for each contaminant found in
  133  groundwater shall be the applicable state water quality
  134  standards. Where such standards do not exist, the cleanup target
  135  levels for groundwater shall be based on the minimum criteria
  136  specified in department rule. The department shall apply the
  137  following, as appropriate, in establishing the applicable
  138  cleanup target levels: calculations using a lifetime cancer risk
  139  level of 1.0E-6; a hazard index of 1 or less; the best
  140  achievable detection limit; and nuisance, organoleptic, and
  141  aesthetic considerations. However, the department may shall not
  142  require site rehabilitation to achieve a cleanup target level
  143  for any individual contaminant which is more stringent than the
  144  site-specific, naturally occurring background concentration for
  145  that contaminant.
  146         2. Where surface waters are exposed to contaminated
  147  groundwater, the cleanup target levels for the contaminants
  148  shall be based on the more protective of the groundwater or
  149  surface water standards as established by department rule,
  150  unless it has been demonstrated that the contaminants do not
  151  cause or contribute to the exceedance of applicable surface
  152  water quality criteria. In such circumstances, the point of
  153  measuring compliance with the surface water standards shall be
  154  in the groundwater immediately adjacent to the surface water
  155  body.
  156         3. Using risk-based corrective action principles, the
  157  department shall approve alternative cleanup target levels in
  158  conjunction with institutional and engineering controls, if
  159  needed, based upon an applicant’s demonstration, using site
  160  specific or other relevant data and information, risk assessment
  161  modeling results, including results from probabilistic risk
  162  assessment modeling, risk assessment studies, risk reduction
  163  techniques, or a combination thereof, that human health, public
  164  safety, and the environment are protected to the same degree as
  165  provided in subparagraphs 1. and 2. Where a state water quality
  166  standard is applicable, a deviation may not result in the
  167  application of cleanup target levels more stringent than the
  168  standard. In determining whether it is appropriate to establish
  169  alternative cleanup target levels at a site, the department must
  170  consider the effectiveness of source removal, if any, which has
  171  been completed at the site and the practical likelihood of the
  172  use of low yield or poor quality groundwater, the use of
  173  groundwater near marine surface water bodies, the current and
  174  projected use of the affected groundwater in the vicinity of the
  175  site, or the use of groundwater in the immediate vicinity of the
  176  contaminated area, where it has been demonstrated that the
  177  groundwater contamination is not migrating away from such
  178  localized source, provided human health, public safety, and the
  179  environment are protected. When using alternative cleanup target
  180  levels at a brownfield site, institutional controls shall not be
  181  required if:
  182         a. The only cleanup target levels exceeded are the
  183  groundwater cleanup target levels derived from nuisance,
  184  organoleptic, or aesthetic considerations;
  185         b. Concentrations of all contaminants meet the state water
  186  quality standards or minimum criteria, based on protection of
  187  human health, provided in subparagraph 1.;
  188         c. All of the groundwater cleanup target levels established
  189  pursuant to subparagraph 1. are met at the property boundary;
  190         d. The person responsible for brownfield site
  191  rehabilitation has demonstrated that the contaminants will not
  192  migrate beyond the property boundary at concentrations exceeding
  193  the groundwater cleanup target levels established pursuant to
  194  subparagraph 1.;
  195         e. The property has access to and is using an offsite water
  196  supply and no unplugged private wells are used for domestic
  197  purposes; and
  198         f. The real property owner provides written acceptance of
  199  the “no further action” proposal to the department or the local
  200  pollution control program.
  201         (h) Provide for the department to issue a “no further
  202  action order,” with conditions, including, but not limited to,
  203  the use of institutional or engineering controls where
  204  appropriate, when alternative cleanup target levels established
  205  pursuant to subparagraph (g)3. have been achieved, or when the
  206  person responsible for brownfield site rehabilitation can
  207  demonstrate that the cleanup target level is unachievable within
  208  available technologies. Before Prior to issuing such an order,
  209  the department shall consider the feasibility of an alternative
  210  site rehabilitation technology at in the brownfield site area.
  211         (i) Establish appropriate cleanup target levels for soils.
  212         1. In establishing soil cleanup target levels for human
  213  exposure to each contaminant found in soils from the land
  214  surface to 2 feet below land surface, the department shall apply
  215  the following, as appropriate: calculations using a lifetime
  216  cancer risk level of 1.0E-6; a hazard index of 1 or less; and
  217  the best achievable detection limit. However, the department may
  218  shall not require site rehabilitation to achieve a cleanup
  219  target level for an individual contaminant which is more
  220  stringent than the site-specific, naturally occurring background
  221  concentration for that contaminant. Institutional controls or
  222  other methods shall be used to prevent human exposure to
  223  contaminated soils more than 2 feet below the land surface. Any
  224  removal of such institutional controls shall require such
  225  contaminated soils to be remediated.
  226         2. Leachability-based soil cleanup target levels shall be
  227  based on protection of the groundwater cleanup target levels or
  228  the alternate cleanup target levels for groundwater established
  229  pursuant to this paragraph, as appropriate. Source removal and
  230  other cost-effective alternatives that are technologically
  231  feasible shall be considered in achieving the leachability soil
  232  cleanup target levels established by the department. The
  233  leachability goals are shall not be applicable if the department
  234  determines, based upon individual site characteristics, and in
  235  conjunction with institutional and engineering controls, if
  236  needed, that contaminants will not leach into the groundwater at
  237  levels that pose a threat to human health, public safety, and
  238  the environment.
  239         3. Using risk-based corrective action principles, the
  240  department shall approve alternative cleanup target levels in
  241  conjunction with institutional and engineering controls, if
  242  needed, based upon an applicant’s demonstration, using site-
  243  specific or other relevant data and information, risk assessment
  244  modeling results, including results from probabilistic risk
  245  assessment modeling, risk assessment studies, risk reduction
  246  techniques, or a combination thereof, that human health, public
  247  safety, and the environment are protected to the same degree as
  248  provided in subparagraphs 1. and 2.
  249         (2) The department shall require source removal, as a risk
  250  reduction measure, if warranted and cost-effective. Once source
  251  removal at a site is complete, the department shall reevaluate
  252  the site to determine the degree of active cleanup needed to
  253  continue. Further, the department shall determine if the
  254  reevaluated site qualifies for monitoring only or if no further
  255  action is required to rehabilitate the site. If additional site
  256  rehabilitation is necessary to reach “no further action” status,
  257  the department is encouraged to utilize natural attenuation
  258  monitoring, including long-term natural attenuation and
  259  monitoring, where site conditions warrant.
  260         (3) The cleanup criteria described in this section govern
  261  only site rehabilitation activities occurring at the
  262  contaminated site. Removal of contaminated media from a site for
  263  offsite relocation or treatment must be in accordance with all
  264  applicable federal, state, and local laws and regulations.
  265         Section 5. Subsection (3) of section 196.1995, Florida
  266  Statutes, is amended to read:
  267         196.1995 Economic development ad valorem tax exemption.—
  268         (3) The board of county commissioners or the governing
  269  authority of the municipality that calls a referendum within its
  270  total jurisdiction to determine whether its respective
  271  jurisdiction may grant economic development ad valorem tax
  272  exemptions may vote to limit the effect of the referendum to
  273  authority to grant economic development tax exemptions for new
  274  businesses and expansions of existing businesses located in an
  275  enterprise zone or a brownfield area, as defined in s. 376.79(5)
  276  s. 376.79(4). If an area nominated to be an enterprise zone
  277  pursuant to s. 290.0055 has not yet been designated pursuant to
  278  s. 290.0065, the board of county commissioners or the governing
  279  authority of the municipality may call such referendum prior to
  280  such designation; however, the authority to grant economic
  281  development ad valorem tax exemptions does not apply until such
  282  area is designated pursuant to s. 290.0065. The ballot question
  283  in such referendum shall be in substantially the following form
  284  and shall be used in lieu of the ballot question prescribed in
  285  subsection (2):
  286  
  287  Shall the board of county commissioners of this county (or the
  288  governing authority of this municipality, or both) be authorized
  289  to grant, pursuant to s. 3, Art. VII of the State Constitution,
  290  property tax exemptions for new businesses and expansions of
  291  existing businesses that are located in an enterprise zone or a
  292  brownfield area and that are expected to create new, full-time
  293  jobs in the county (or municipality, or both)?
  294  
  295         ....Yes—For authority to grant exemptions.
  296         ....No—Against authority to grant exemptions.
  297         Section 6. Paragraph (c) of subsection (5) of section
  298  288.1175, Florida Statutes, is amended to read:
  299         288.1175 Agriculture education and promotion facility.—
  300         (5) The Department of Agriculture and Consumer Services
  301  shall competitively evaluate applications for funding of an
  302  agriculture education and promotion facility. If the number of
  303  applicants exceeds three, the Department of Agriculture and
  304  Consumer Services shall rank the applications based upon
  305  criteria developed by the Department of Agriculture and Consumer
  306  Services, with priority given in descending order to the
  307  following items:
  308         (c) The location of the facility in a brownfield site as
  309  defined in s. 376.79(4) s. 376.79(3), a rural enterprise zone as
  310  defined in s. 290.004, an agriculturally depressed area as
  311  defined in s. 570.74, or a county that has lost its agricultural
  312  land to environmental restoration projects.
  313  
  314  ================= T I T L E  A M E N D M E N T ================
  315  And the title is amended as follows:
  316         Delete lines 16 - 17
  317  and insert:
  318         alternative cleanup target levels; amending s. 376.79,
  319         F.S.; adding definitions of “background concentration”
  320         and “long-term natural attenuation” to the definitions
  321         relating to the Brownfields Redevelopment Act;
  322         amending s. 376.81, F.S.; adding further criteria to
  323         brownfield site and brownfield areas contamination
  324         cleanup criteria; amending s. 196.1995, F.S.;
  325         conforming a cross-reference; amending s. 288.1175,
  326         F.S.; conforming a cross-reference;