1 | The Committee on Natural Resources recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 |
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6 | A bill to be entitled |
7 | An act relating to rehabilitation of contaminated sites; |
8 | amending s. 376.30781, F.S.; increasing the tax credit for |
9 | rehabilitation of drycleaning-solvent-contaminated sites |
10 | and brownfield sites in designated brownfield areas; |
11 | increasing the maximum amount that a tax credit applicant, |
12 | or multiple tax credit applicants working jointly to clean |
13 | up a single site, may be granted per year in tax credits |
14 | for each site voluntarily rehabilitated; increasing the |
15 | total annual amount of contaminated site rehabilitation |
16 | tax credits allocated by the Department of Environmental |
17 | Protection; amending ss. 199.1055 and 220.1845, F.S.; |
18 | increasing the amount of the contaminated site |
19 | rehabilitation tax credit; increasing the maximum amount |
20 | that a tax credit applicant, or multiple tax credit |
21 | applicants working jointly to clean up a single site, may |
22 | be granted per year in tax credits for each site |
23 | voluntarily rehabilitated; increasing the total annual |
24 | amount a municipality, county, or other tax credit |
25 | applicant which voluntarily rehabilitates a site may |
26 | receive per year in tax credits which it can subsequently |
27 | transfer to specified entities; increasing the total |
28 | amount of tax credits which may be granted annually; |
29 | amending s. 288.107, F.S.; revising the definition of |
30 | "eligible business" with respect to brownfield |
31 | redevelopment bonus refunds; authorizing the Office of |
32 | Tourism, Trade, and Economic Development to waive the |
33 | fixed capital investment requirement for an eligible |
34 | business for specified projects; providing conditions and |
35 | requirements with respect to such waiver; amending s. |
36 | 376.79, F.S.; revising the definition of "brownfield |
37 | sites"; amending s. 376.80, F.S.; revising a condition |
38 | under which a local government is required to designate a |
39 | brownfield area; revising a required component of a |
40 | brownfield site rehabilitation agreement; revising a |
41 | requirement of a contractor performing site rehabilitation |
42 | program tasks; revising contractor requirements that must |
43 | be certified to the Department of Environmental |
44 | Protection; revising and providing additional insurance |
45 | requirements; amending s. 376.82, F.S.; revising |
46 | terminology with respect to eligibility to participate in |
47 | the brownfield rehabilitation program; providing an |
48 | effective date. |
49 |
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50 | Be It Enacted by the Legislature of the State of Florida: |
51 |
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52 | Section 1. Paragraphs (a) and (b) of subsection (2) and |
53 | subsections (3), (4), (7), and (9) of section 376.30781, Florida |
54 | Statutes, are amended to read: |
55 | 376.30781 Partial tax credits for rehabilitation of |
56 | drycleaning-solvent-contaminated sites and brownfield sites in |
57 | designated brownfield areas; application process; rulemaking |
58 | authority; revocation authority.-- |
59 | (2)(a) A credit in the amount of 40 35 percent of the |
60 | costs of voluntary cleanup activity that is integral to site |
61 | rehabilitation at the following sites is allowed pursuant to ss. |
62 | 199.1055 and 220.1845: |
63 | 1. A drycleaning-solvent-contaminated site eligible for |
64 | state-funded site rehabilitation under s. 376.3078(3); |
65 | 2. A drycleaning-solvent-contaminated site at which |
66 | cleanup is undertaken by the real property owner pursuant to s. |
67 | 376.3078(11), if the real property owner is not also, and has |
68 | never been, the owner or operator of the drycleaning facility |
69 | where the contamination exists; or |
70 | 3. A brownfield site in a designated brownfield area under |
71 | s. 376.80. |
72 | (b) A tax credit applicant, or multiple tax credit |
73 | applicants working jointly to clean up a single site, may not be |
74 | granted more than $400,000 $250,000 per year in tax credits for |
75 | each site voluntarily rehabilitated. Multiple tax credit |
76 | applicants shall be granted tax credits in the same proportion |
77 | as their contribution to payment of cleanup costs. Tax credits |
78 | are available only for site rehabilitation conducted during the |
79 | calendar year for which the tax credit application is submitted. |
80 | (3) The Department of Environmental Protection shall be |
81 | responsible for allocating the tax credits provided for in ss. |
82 | 199.1055 and 220.1845, not to exceed a total of $5 $2 million in |
83 | tax credits annually. |
84 | (4) To claim the credit for site rehabilitation conducted |
85 | during the current calendar year, each tax credit applicant must |
86 | apply to the Department of Environmental Protection for an |
87 | allocation of the $5 $2 million annual credit by January 15 of |
88 | the following year on a form developed by the Department of |
89 | Environmental Protection in cooperation with the Department of |
90 | Revenue. The form shall include an affidavit from each tax |
91 | credit applicant certifying that all information contained in |
92 | the application, including all records of costs incurred and |
93 | claimed in the tax credit application, are true and correct. If |
94 | the application is submitted pursuant to subparagraph (2)(a)2., |
95 | the form must include an affidavit signed by the real property |
96 | owner stating that it is not, and has never been, the owner or |
97 | operator of the drycleaning facility where the contamination |
98 | exists. Approval of partial tax credits must be accomplished on |
99 | a first-come, first-served basis based upon the date complete |
100 | applications are received by the Division of Waste Management. A |
101 | tax credit applicant shall submit only one complete application |
102 | per site for each calendar year's site rehabilitation costs. |
103 | Incomplete placeholder applications shall not be accepted and |
104 | will not secure a place in the first-come, first-served |
105 | application line. To be eligible for a tax credit, the tax |
106 | credit applicant must: |
107 | (a) Have entered into a voluntary cleanup agreement with |
108 | the Department of Environmental Protection for a drycleaning- |
109 | solvent-contaminated site or a Brownfield Site Rehabilitation |
110 | Agreement, as applicable; and |
111 | (b) Have paid all deductibles pursuant to s. |
112 | 376.3078(3)(e) for eligible drycleaning-solvent-cleanup program |
113 | sites. |
114 | (7) The Department of Environmental Protection shall |
115 | review the tax credit application and any supplemental |
116 | documentation that the tax credit applicant may submit prior to |
117 | the annual application deadline in order to have the application |
118 | considered complete, for the purpose of verifying that the tax |
119 | credit applicant has met the qualifying criteria in subsections |
120 | (2) and (4) and has submitted all required documentation listed |
121 | in subsection (5). Upon verification that the tax credit |
122 | applicant has met these requirements, the department shall issue |
123 | a written decision granting eligibility for partial tax credits |
124 | (a tax credit certificate) in the amount of 40 35 percent of the |
125 | total costs claimed, subject to the $400,000 $250,000 |
126 | limitation, for the calendar year for which the tax credit |
127 | application is submitted based on the report of the certified |
128 | public accountant and the certifications from the appropriate |
129 | registered technical professionals. |
130 | (9) If a tax credit applicant does not receive a tax |
131 | credit allocation due to an exhaustion of the $5 $2 million |
132 | annual tax credit authorization, such application will then be |
133 | included in the same first-come, first-served order in the next |
134 | year's annual tax credit allocation, if any, based on the prior |
135 | year application. |
136 | Section 2. Paragraphs (a), (b), and (f) of subsection (1) |
137 | of section 199.1055, Florida Statutes, are amended to read: |
138 | 199.1055 Contaminated site rehabilitation tax credit.-- |
139 | (1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-- |
140 | (a) A credit in the amount of 40 35 percent of the costs |
141 | of voluntary cleanup activity that is integral to site |
142 | rehabilitation at the following sites is available against any |
143 | tax due for a taxable year under s. 199.032, less any credit |
144 | allowed by former s. 220.68 for that year: |
145 | 1. A drycleaning-solvent-contaminated site eligible for |
146 | state-funded site rehabilitation under s. 376.3078(3); |
147 | 2. A drycleaning-solvent-contaminated site at which |
148 | cleanup is undertaken by the real property owner pursuant to s. |
149 | 376.3078(11), if the real property owner is not also, and has |
150 | never been, the owner or operator of the drycleaning facility |
151 | where the contamination exists; or |
152 | 3. A brownfield site in a designated brownfield area under |
153 | s. 376.80. |
154 | (b) A tax credit applicant, or multiple tax credit |
155 | applicants working jointly to clean up a single site, may not be |
156 | granted more than $400,000 $250,000 per year in tax credits for |
157 | each site voluntarily rehabilitated. Multiple tax credit |
158 | applicants shall be granted tax credits in the same proportion |
159 | as their contribution to payment of cleanup costs. Subject to |
160 | the same conditions and limitations as provided in this section, |
161 | a municipality, county, or other tax credit applicant which |
162 | voluntarily rehabilitates a site may receive not more than |
163 | $400,000 $250,000 per year in tax credits which it can |
164 | subsequently transfer subject to the provisions in paragraph |
165 | (g). |
166 | (f) The total amount of the tax credits which may be |
167 | granted under this section and s. 220.1845 is $5 $2 million |
168 | annually. |
169 | Section 3. Paragraphs (a), (b), and (g) of subsection (1) |
170 | of section 220.1845, Florida Statutes, are amended to read: |
171 | 220.1845 Contaminated site rehabilitation tax credit.-- |
172 | (1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-- |
173 | (a) A credit in the amount of 40 35 percent of the costs |
174 | of voluntary cleanup activity that is integral to site |
175 | rehabilitation at the following sites is available against any |
176 | tax due for a taxable year under this chapter: |
177 | 1. A drycleaning-solvent-contaminated site eligible for |
178 | state-funded site rehabilitation under s. 376.3078(3); |
179 | 2. A drycleaning-solvent-contaminated site at which |
180 | cleanup is undertaken by the real property owner pursuant to s. |
181 | 376.3078(11), if the real property owner is not also, and has |
182 | never been, the owner or operator of the drycleaning facility |
183 | where the contamination exists; or |
184 | 3. A brownfield site in a designated brownfield area under |
185 | s. 376.80. |
186 | (b) A tax credit applicant, or multiple tax credit |
187 | applicants working jointly to clean up a single site, may not be |
188 | granted more than $400,000 $250,000 per year in tax credits for |
189 | each site voluntarily rehabilitated. Multiple tax credit |
190 | applicants shall be granted tax credits in the same proportion |
191 | as their contribution to payment of cleanup costs. Subject to |
192 | the same conditions and limitations as provided in this section, |
193 | a municipality, county, or other tax credit applicant which |
194 | voluntarily rehabilitates a site may receive not more than |
195 | $400,000 $250,000 per year in tax credits which it can |
196 | subsequently transfer subject to the provisions in paragraph |
197 | (h). |
198 | (g) The total amount of the tax credits which may be |
199 | granted under this section and s. 199.1055 is $5 $2 million |
200 | annually. |
201 | Section 4. Paragraph (e) of subsection (1) and paragraph |
202 | (b) of subsection (3) of section 288.107, Florida Statutes, are |
203 | amended to read: |
204 | 288.107 Brownfield redevelopment bonus refunds.-- |
205 | (1) DEFINITIONS.--As used in this section: |
206 | (e) "Eligible business" means: |
207 | 1. A qualified target industry business as defined in s. |
208 | 288.106(1)(o); or |
209 | 2. A business that can demonstrate a fixed capital |
210 | investment of at least $2 million in mixed-use business |
211 | activities, including multiunit housing, commercial, retail, and |
212 | industrial in brownfield areas and which provides benefits to |
213 | its employees, unless the fixed capital investment requirement |
214 | is waived pursuant to paragraph (3)(b). |
215 | (3) CRITERIA.--The minimum criteria for participation in |
216 | the brownfield redevelopment bonus refund are: |
217 | (b) The completion of a fixed capital investment of at |
218 | least $2 million in mixed-use business activities, including |
219 | multiunit housing, commercial, retail, and industrial in |
220 | brownfield areas, by an eligible business applying for a refund |
221 | under paragraph (2)(b) which provides benefits to its employees. |
222 | The office may waive the fixed capital investment requirement at |
223 | the request of the local governing body recommending the project |
224 | and Enterprise Florida, Inc. The fixed capital investment |
225 | requirement may only be waived for a project located in a rural |
226 | city or county, community redevelopment area, enterprise zone, |
227 | or empowerment zone, and only when the merits of the individual |
228 | project or the specific circumstances in the community in |
229 | relationship to the project warrant such action. If the local |
230 | governing body and Enterprise Florida, Inc., make such a |
231 | recommendation, it must be transmitted in writing and the |
232 | specific justification for the waiver recommendation must be |
233 | explained. If the director elects to waive the fixed capital |
234 | investment requirement, the waiver must be stated in writing and |
235 | the reasons for granting the waiver must be explained. |
236 | Section 5. Subsection (3) of section 376.79, Florida |
237 | Statutes, is amended to read: |
238 | 376.79 Definitions relating to Brownfields Redevelopment |
239 | Act.--As used in ss. 376.77-376.85, the term: |
240 | (3) "Brownfield sites" means real property, the expansion, |
241 | redevelopment, or reuse of which may be sites that are generally |
242 | abandoned, idled, or underused industrial and commercial |
243 | properties where expansion or redevelopment is complicated by |
244 | actual or perceived environmental contamination. |
245 | Section 6. Paragraph (b) of subsection (2), paragraph (c) |
246 | of subsection (5), paragraph (b) of subsection (6), and |
247 | subsection (7) of section 376.80, Florida Statutes, are amended |
248 | to read: |
249 | 376.80 Brownfield program administration process.-- |
250 | (2) |
251 | (b) A local government shall designate a brownfield area |
252 | under the provisions of this act provided that: |
253 | 1. A person who owns or controls a potential brownfield |
254 | site is requesting the designation and has agreed to |
255 | rehabilitate and redevelop the brownfield site; |
256 | 2. The rehabilitation and redevelopment of the proposed |
257 | brownfield site will result in economic productivity of the |
258 | area, along with the creation of at least 10 new permanent jobs |
259 | at the brownfield site, whether full-time or part-time, which |
260 | are not associated with the implementation of the brownfield |
261 | site rehabilitation agreement and are not associated with |
262 | redevelopment project demolition or construction activities |
263 | pursuant to the redevelopment agreement required under paragraph |
264 | (5)(i) or an agreement, between the person responsible for site |
265 | rehabilitation and the local government with jurisdiction, which |
266 | contains terms for the redevelopment of the brownfield site or |
267 | brownfield area; |
268 | 3. The redevelopment of the proposed brownfield site is |
269 | consistent with the local comprehensive plan and is a |
270 | permittable use under the applicable local land development |
271 | regulations; |
272 | 4. Notice of the proposed rehabilitation of the brownfield |
273 | area has been provided to neighbors and nearby residents of the |
274 | proposed area to be designated, and the person proposing the |
275 | area for designation has afforded to those receiving notice the |
276 | opportunity for comments and suggestions about rehabilitation. |
277 | Notice pursuant to this subsection must be made in a newspaper |
278 | of general circulation in the area, at least 16 square inches in |
279 | size, and the notice must be posted in the affected area; and |
280 | 5. The person proposing the area for designation has |
281 | provided reasonable assurance that he or she has sufficient |
282 | financial resources to implement and complete the rehabilitation |
283 | agreement and redevelopment plan. |
284 | (5) The person responsible for brownfield site |
285 | rehabilitation must enter into a brownfield site rehabilitation |
286 | agreement with the department or an approved local pollution |
287 | control program if actual contamination exists at the brownfield |
288 | site. The brownfield site rehabilitation agreement must include: |
289 | (c) A commitment to conduct site rehabilitation in |
290 | accordance with department quality assurance rules an approved |
291 | comprehensive quality assurance plan under department rules; |
292 | (6) Any contractor performing site rehabilitation program |
293 | tasks must demonstrate to the department that the contractor: |
294 | (b) Has obtained the necessary approvals for conducting |
295 | sample collection and analyses pursuant to approval for the |
296 | comprehensive quality-assurance plan prepared under department |
297 | rules. |
298 | (7) The contractor who is performing the majority of the |
299 | site rehabilitation program tasks pursuant to a brownfield site |
300 | rehabilitation agreement or supervising the performance of such |
301 | tasks by licensed subcontractors in accordance with the |
302 | provisions of s. 489.113(9) must certify to the department that |
303 | the contractor: |
304 | (a) Complies with applicable OSHA regulations. |
305 | (b) Maintains workers' compensation insurance for all |
306 | employees as required by the Florida Workers' Compensation Law. |
307 | (c) Maintains comprehensive general liability coverage |
308 | with limits of not less than $1 million per occurrence and $2 |
309 | million general aggregate for bodily injury and property damage |
310 | and comprehensive automobile liability coverage insurance with |
311 | minimum limits of not less than at least $2 $1 million combined |
312 | single limit. The contractor shall also maintain pollution |
313 | liability coverage with limits of not less than $3 million |
314 | aggregate for personal injury or death, $1 million per |
315 | occurrence for personal injury or death, and $1 million per |
316 | occurrence for property damage. The contractor's certificate of |
317 | insurance shall name per claim and $1 million annual aggregate, |
318 | sufficient to protect it from claims for damage for personal |
319 | injury, including accidental death, as well as claims for |
320 | property damage which may arise from performance of work under |
321 | the program, designating the state as an additional insured |
322 | party. |
323 | (d) Maintains professional liability insurance of at least |
324 | $1 million per claim occurrence and $1 million annual aggregate. |
325 | (e) Has the capacity to perform or directly supervise the |
326 | majority of the work at a site in accordance with s. 489.113(9). |
327 | Section 7. Subsection (1) of section 376.82, Florida |
328 | Statutes, is amended to read: |
329 | 376.82 Eligibility criteria and liability protection.-- |
330 | (1) ELIGIBILITY.--Any person who has not caused or |
331 | contributed to the contamination of a brownfield site on or |
332 | after July 1, 1997, is eligible to participate in the brownfield |
333 | rehabilitation program established in ss. 376.77-376.85, subject |
334 | to the following: |
335 | (a) Potential brownfield sites that are subject to an |
336 | ongoing formal judicial or administrative enforcement action or |
337 | corrective action pursuant to federal authority, including, but |
338 | not limited to, the Comprehensive Environmental Response |
339 | Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as |
340 | amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f-300i, |
341 | as amended; the Clean Water Act, 33 U.S.C. ss. 1251-1387, as |
342 | amended; or under an order from the United States Environmental |
343 | Protection Agency pursuant to s. 3008(h) of the Resource |
344 | Conservation and Recovery Act, as amended (42 U.S.C.A. s. |
345 | 6928(h)); or that have obtained or are required to obtain a |
346 | permit for the operation of a hazardous waste treatment, |
347 | storage, or disposal facility; a postclosure permit; or a permit |
348 | pursuant to the federal Hazardous and Solid Waste Amendments of |
349 | 1984, are not eligible for participation unless specific |
350 | exemptions are secured by a memorandum of agreement with the |
351 | United States Environmental Protection Agency pursuant to |
352 | paragraph (2)(g). A brownfield site within an eligible |
353 | brownfield area that subsequently becomes subject to formal |
354 | judicial or administrative enforcement action or corrective |
355 | action under such federal authority shall have its eligibility |
356 | revoked unless specific exemptions are secured by a memorandum |
357 | of agreement with the United States Environmental Protection |
358 | Agency pursuant to paragraph (2)(g). |
359 | (b) Persons who have not caused or contributed to the |
360 | contamination of a brownfield site on or after July 1, 1997, and |
361 | who, prior to the department's approval of a brownfield site |
362 | rehabilitation agreement, are subject to ongoing corrective |
363 | action or enforcement under state authority established in this |
364 | chapter or chapter 403, including those persons subject to a |
365 | pending consent order with the state, are eligible for |
366 | participation in a brownfield site rehabilitation agreement |
367 | corrective action if: |
368 | 1. The proposed brownfield site is currently idle or |
369 | underutilized as a result of the contamination, and |
370 | participation in the brownfield program will immediately, after |
371 | cleanup or sooner, result in increased economic productivity at |
372 | the site, including at a minimum the creation of 10 new |
373 | permanent jobs, whether full-time or part-time, which are not |
374 | associated with implementation of the brownfield site |
375 | rehabilitation agreement corrective action plan; and |
376 | 2. The person is complying in good faith with the terms of |
377 | an existing consent order or department-approved corrective |
378 | action plan, or responding in good faith to an enforcement |
379 | action, as evidenced by a determination issued by the department |
380 | or an approved local pollution control program. |
381 | (c) Potential brownfield sites owned by the state or a |
382 | local government which contain contamination for which a |
383 | governmental entity is potentially responsible and which are |
384 | already designated as federal brownfield pilot projects or have |
385 | filed an application for designation to the United States |
386 | Environmental Protection Agency are eligible for participation |
387 | in a brownfield site rehabilitation agreement corrective action. |
388 | (d) After July 1, 1997, petroleum and drycleaning |
389 | contamination sites shall not receive both restoration funding |
390 | assistance available for the discharge under this chapter and |
391 | any state assistance available under s. 288.107. Nothing in this |
392 | act shall affect the cleanup criteria, priority ranking, and |
393 | other rights and obligations inherent in petroleum contamination |
394 | and drycleaning contamination site rehabilitation under ss. |
395 | 376.30-376.319, or the availability of economic incentives |
396 | otherwise provided for by law. |
397 | Section 8. This act shall take effect July 1, 2004. |