Florida: Legislative appropriation for cleanup reduced for FY09-10 by approximately $63 million from last year’s initial appropriation. 2009 State Fund Survey Results Lynda Provencher Vermont DEC. Florida:
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2009 State Fund Survey Results
Outstanding Claims > Fund Balance
2009: 122008: 9
Lost Staff due to Recession
Total # of State Fund Staff 2008
Total # of State Fund Staff 2009
# of Sites/Staff
EXCEEDED $1 Million
CA: 387FL: 319
Effective July 30, 2009, General Assembly eliminated the annual self-audit reporting requirement for regulated tank owners and operators.
Statute now defines “UST” to include components that are directly or indirectly connected to the tank above and beneath the ground.
Regulations now in place which require operator training and certification effective in 2010, two years ahead of EPA date of 2012.
Fund is operating on a cash-in, cash-out basis. Backlog of $66 million of approved payments, and it takes 18 months to get paid.
General Assembly created a task force to review tank program and funding issues.
Two staff positions eliminated due to budget issues. This is in addition to one position eliminated in 2006.
To date, annual appropriation for funding of UST Program has been sufficient to meet claim obligations; however, this year no supplemental budget was approved and the shortfall for FY09 is $1.75 million.
New siting law restricts development of new UST and AST facilities to protect water supplies and sensitive geologic areas, and requires new and replacement USTs in public water zones to be double walled.
Transport load fee was lowered to ¼ cent; lowest since 1995.
Limit per release increased to $1.5 million.
Releases from double walled UST system co-payments increase from $0 to $5,000 or $17,500 depending upon tank type;
Fund floor raised to $6 million and ceiling raised to $10 million.
Tax fee increased to $420 per tank.
Pilot program initiated to use site specific cleanup standards as an alternative to risk based standards.
Commercial Fund in the red by $0.8 million
During 2009 Legislative session, HP1098 passed which eliminated the fund sunset date.
Pay for Performance program has 27 contracts at orphan tank sites (3 more than last year); 8 completed successfully (3 more than last year), 5 contracts terminated, and 14 in progress.
Fuel fund has significant deficit.
Prioritizing AST/UST cleanups to balance expenditure demand with revenues.
(New Hampshire cont.):
Bill to increase fuel oil import fees from $0.01 to $0.0125/gallon expected to pass;
As well as a one time transfer of revenue from another oil cleanup fund to address claims backlog.
Bill introduced in January 2009 to increase tank fees from $100/tank to $500/tank over the course of four years. Once $36 million in revenue was reached, tank fee would go back to $100/tank. Money would then be used for rehabilitation efforts for fund eligible releases.
Fund extended an additional five years until July 1, 2014.
Tax reinstated on July 1, 2009 and is expected to remain on until March 30, 2010.
Should generate approximately $28.5 million.