HB 0485CS

CHAMBER ACTION




1The Committee on Natural Resources recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to rehabilitation of contaminated sites;
8amending s. 376.30781, F.S.; increasing the tax credit for
9rehabilitation of drycleaning-solvent-contaminated sites
10and brownfield sites in designated brownfield areas;
11increasing the maximum amount that a tax credit applicant,
12or multiple tax credit applicants working jointly to clean
13up a single site, may be granted per year in tax credits
14for each site voluntarily rehabilitated; increasing the
15total annual amount of contaminated site rehabilitation
16tax credits allocated by the Department of Environmental
17Protection; amending ss. 199.1055 and 220.1845, F.S.;
18increasing the amount of the contaminated site
19rehabilitation tax credit; increasing the maximum amount
20that a tax credit applicant, or multiple tax credit
21applicants working jointly to clean up a single site, may
22be granted per year in tax credits for each site
23voluntarily rehabilitated; increasing the total annual
24amount a municipality, county, or other tax credit
25applicant which voluntarily rehabilitates a site may
26receive per year in tax credits which it can subsequently
27transfer to specified entities; increasing the total
28amount of tax credits which may be granted annually;
29amending s. 288.107, F.S.; revising the definition of
30"eligible business" with respect to brownfield
31redevelopment bonus refunds; authorizing the Office of
32Tourism, Trade, and Economic Development to waive the
33fixed capital investment requirement for an eligible
34business for specified projects; providing conditions and
35requirements with respect to such waiver; amending s.
36376.79, F.S.; revising the definition of "brownfield
37sites"; amending s. 376.80, F.S.; revising a condition
38under which a local government is required to designate a
39brownfield area; revising a required component of a
40brownfield site rehabilitation agreement; revising a
41requirement of a contractor performing site rehabilitation
42program tasks; revising contractor requirements that must
43be certified to the Department of Environmental
44Protection; revising and providing additional insurance
45requirements; amending s. 376.82, F.S.; revising
46terminology with respect to eligibility to participate in
47the brownfield rehabilitation program; providing an
48effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Paragraphs (a) and (b) of subsection (2) and
53subsections (3), (4), (7), and (9) of section 376.30781, Florida
54Statutes, are amended to read:
55     376.30781  Partial tax credits for rehabilitation of
56drycleaning-solvent-contaminated sites and brownfield sites in
57designated brownfield areas; application process; rulemaking
58authority; revocation authority.--
59     (2)(a)  A credit in the amount of 40 35 percent of the
60costs of voluntary cleanup activity that is integral to site
61rehabilitation at the following sites is allowed pursuant to ss.
62199.1055 and 220.1845:
63     1.  A drycleaning-solvent-contaminated site eligible for
64state-funded site rehabilitation under s. 376.3078(3);
65     2.  A drycleaning-solvent-contaminated site at which
66cleanup is undertaken by the real property owner pursuant to s.
67376.3078(11), if the real property owner is not also, and has
68never been, the owner or operator of the drycleaning facility
69where the contamination exists; or
70     3.  A brownfield site in a designated brownfield area under
71s. 376.80.
72     (b)  A tax credit applicant, or multiple tax credit
73applicants working jointly to clean up a single site, may not be
74granted more than $400,000 $250,000 per year in tax credits for
75each site voluntarily rehabilitated. Multiple tax credit
76applicants shall be granted tax credits in the same proportion
77as their contribution to payment of cleanup costs. Tax credits
78are available only for site rehabilitation conducted during the
79calendar year for which the tax credit application is submitted.
80     (3)  The Department of Environmental Protection shall be
81responsible for allocating the tax credits provided for in ss.
82199.1055 and 220.1845, not to exceed a total of $5 $2 million in
83tax credits annually.
84     (4)  To claim the credit for site rehabilitation conducted
85during the current calendar year, each tax credit applicant must
86apply to the Department of Environmental Protection for an
87allocation of the $5 $2 million annual credit by January 15 of
88the following year on a form developed by the Department of
89Environmental Protection in cooperation with the Department of
90Revenue. The form shall include an affidavit from each tax
91credit applicant certifying that all information contained in
92the application, including all records of costs incurred and
93claimed in the tax credit application, are true and correct. If
94the application is submitted pursuant to subparagraph (2)(a)2.,
95the form must include an affidavit signed by the real property
96owner stating that it is not, and has never been, the owner or
97operator of the drycleaning facility where the contamination
98exists. Approval of partial tax credits must be accomplished on
99a first-come, first-served basis based upon the date complete
100applications are received by the Division of Waste Management. A
101tax credit applicant shall submit only one complete application
102per site for each calendar year's site rehabilitation costs.
103Incomplete placeholder applications shall not be accepted and
104will not secure a place in the first-come, first-served
105application line. To be eligible for a tax credit, the tax
106credit applicant must:
107     (a)  Have entered into a voluntary cleanup agreement with
108the Department of Environmental Protection for a drycleaning-
109solvent-contaminated site or a Brownfield Site Rehabilitation
110Agreement, as applicable; and
111     (b)  Have paid all deductibles pursuant to s.
112376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
113sites.
114     (7)  The Department of Environmental Protection shall
115review the tax credit application and any supplemental
116documentation that the tax credit applicant may submit prior to
117the annual application deadline in order to have the application
118considered complete, for the purpose of verifying that the tax
119credit applicant has met the qualifying criteria in subsections
120(2) and (4) and has submitted all required documentation listed
121in subsection (5). Upon verification that the tax credit
122applicant has met these requirements, the department shall issue
123a written decision granting eligibility for partial tax credits
124(a tax credit certificate) in the amount of 40 35 percent of the
125total costs claimed, subject to the $400,000 $250,000
126limitation, for the calendar year for which the tax credit
127application is submitted based on the report of the certified
128public accountant and the certifications from the appropriate
129registered technical professionals.
130     (9)  If a tax credit applicant does not receive a tax
131credit allocation due to an exhaustion of the $5 $2 million
132annual tax credit authorization, such application will then be
133included in the same first-come, first-served order in the next
134year's annual tax credit allocation, if any, based on the prior
135year application.
136     Section 2.  Paragraphs (a), (b), and (f) of subsection (1)
137of 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
141of voluntary cleanup activity that is integral to site
142rehabilitation at the following sites is available against any
143tax due for a taxable year under s. 199.032, less any credit
144allowed by former s. 220.68 for that year:
145     1.  A drycleaning-solvent-contaminated site eligible for
146state-funded site rehabilitation under s. 376.3078(3);
147     2.  A drycleaning-solvent-contaminated site at which
148cleanup is undertaken by the real property owner pursuant to s.
149376.3078(11), if the real property owner is not also, and has
150never been, the owner or operator of the drycleaning facility
151where the contamination exists; or
152     3.  A brownfield site in a designated brownfield area under
153s. 376.80.
154     (b)  A tax credit applicant, or multiple tax credit
155applicants working jointly to clean up a single site, may not be
156granted more than $400,000 $250,000 per year in tax credits for
157each site voluntarily rehabilitated. Multiple tax credit
158applicants shall be granted tax credits in the same proportion
159as their contribution to payment of cleanup costs. Subject to
160the same conditions and limitations as provided in this section,
161a municipality, county, or other tax credit applicant which
162voluntarily rehabilitates a site may receive not more than
163$400,000 $250,000 per year in tax credits which it can
164subsequently transfer subject to the provisions in paragraph
165(g).
166     (f)  The total amount of the tax credits which may be
167granted under this section and s. 220.1845 is $5 $2 million
168annually.
169     Section 3.  Paragraphs (a), (b), and (g) of subsection (1)
170of 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
174of voluntary cleanup activity that is integral to site
175rehabilitation at the following sites is available against any
176tax due for a taxable year under this chapter:
177     1.  A drycleaning-solvent-contaminated site eligible for
178state-funded site rehabilitation under s. 376.3078(3);
179     2.  A drycleaning-solvent-contaminated site at which
180cleanup is undertaken by the real property owner pursuant to s.
181376.3078(11), if the real property owner is not also, and has
182never been, the owner or operator of the drycleaning facility
183where the contamination exists; or
184     3.  A brownfield site in a designated brownfield area under
185s. 376.80.
186     (b)  A tax credit applicant, or multiple tax credit
187applicants working jointly to clean up a single site, may not be
188granted more than $400,000 $250,000 per year in tax credits for
189each site voluntarily rehabilitated. Multiple tax credit
190applicants shall be granted tax credits in the same proportion
191as their contribution to payment of cleanup costs. Subject to
192the same conditions and limitations as provided in this section,
193a municipality, county, or other tax credit applicant which
194voluntarily rehabilitates a site may receive not more than
195$400,000 $250,000 per year in tax credits which it can
196subsequently transfer subject to the provisions in paragraph
197(h).
198     (g)  The total amount of the tax credits which may be
199granted under this section and s. 199.1055 is $5 $2 million
200annually.
201     Section 4.  Paragraph (e) of subsection (1) and paragraph
202(b) of subsection (3) of section 288.107, Florida Statutes, are
203amended 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.
208288.106(1)(o); or
209     2.  A business that can demonstrate a fixed capital
210investment of at least $2 million in mixed-use business
211activities, including multiunit housing, commercial, retail, and
212industrial in brownfield areas and which provides benefits to
213its employees, unless the fixed capital investment requirement
214is waived pursuant to paragraph (3)(b).
215     (3)  CRITERIA.--The minimum criteria for participation in
216the brownfield redevelopment bonus refund are:
217     (b)  The completion of a fixed capital investment of at
218least $2 million in mixed-use business activities, including
219multiunit housing, commercial, retail, and industrial in
220brownfield areas, by an eligible business applying for a refund
221under paragraph (2)(b) which provides benefits to its employees.
222The office may waive the fixed capital investment requirement at
223the request of the local governing body recommending the project
224and Enterprise Florida, Inc. The fixed capital investment
225requirement may only be waived for a project located in a rural
226city or county, community redevelopment area, enterprise zone,
227or empowerment zone, and only when the merits of the individual
228project or the specific circumstances in the community in
229relationship to the project warrant such action. If the local
230governing body and Enterprise Florida, Inc., make such a
231recommendation, it must be transmitted in writing and the
232specific justification for the waiver recommendation must be
233explained. If the director elects to waive the fixed capital
234investment requirement, the waiver must be stated in writing and
235the reasons for granting the waiver must be explained.
236     Section 5.  Subsection (3) of section 376.79, Florida
237Statutes, is amended to read:
238     376.79  Definitions relating to Brownfields Redevelopment
239Act.--As used in ss. 376.77-376.85, the term:
240     (3)  "Brownfield sites" means real property, the expansion,
241redevelopment, or reuse of which may be sites that are generally
242abandoned, idled, or underused industrial and commercial
243properties where expansion or redevelopment is complicated by
244actual or perceived environmental contamination.
245     Section 6.  Paragraph (b) of subsection (2), paragraph (c)
246of subsection (5), paragraph (b) of subsection (6), and
247subsection (7) of section 376.80, Florida Statutes, are amended
248to read:
249     376.80  Brownfield program administration process.--
250     (2)
251     (b)  A local government shall designate a brownfield area
252under the provisions of this act provided that:
253     1.  A person who owns or controls a potential brownfield
254site is requesting the designation and has agreed to
255rehabilitate and redevelop the brownfield site;
256     2.  The rehabilitation and redevelopment of the proposed
257brownfield site will result in economic productivity of the
258area, along with the creation of at least 10 new permanent jobs
259at the brownfield site, whether full-time or part-time, which
260are not associated with the implementation of the brownfield
261site rehabilitation agreement and are not associated with
262redevelopment project demolition or construction activities
263pursuant to the redevelopment agreement required under paragraph
264(5)(i) or an agreement, between the person responsible for site
265rehabilitation and the local government with jurisdiction, which
266contains terms for the redevelopment of the brownfield site or
267brownfield area;
268     3.  The redevelopment of the proposed brownfield site is
269consistent with the local comprehensive plan and is a
270permittable use under the applicable local land development
271regulations;
272     4.  Notice of the proposed rehabilitation of the brownfield
273area has been provided to neighbors and nearby residents of the
274proposed area to be designated, and the person proposing the
275area for designation has afforded to those receiving notice the
276opportunity for comments and suggestions about rehabilitation.
277Notice pursuant to this subsection must be made in a newspaper
278of general circulation in the area, at least 16 square inches in
279size, and the notice must be posted in the affected area; and
280     5.  The person proposing the area for designation has
281provided reasonable assurance that he or she has sufficient
282financial resources to implement and complete the rehabilitation
283agreement and redevelopment plan.
284     (5)  The person responsible for brownfield site
285rehabilitation must enter into a brownfield site rehabilitation
286agreement with the department or an approved local pollution
287control program if actual contamination exists at the brownfield
288site. The brownfield site rehabilitation agreement must include:
289     (c)  A commitment to conduct site rehabilitation in
290accordance with department quality assurance rules an approved
291comprehensive quality assurance plan under department rules;
292     (6)  Any contractor performing site rehabilitation program
293tasks must demonstrate to the department that the contractor:
294     (b)  Has obtained the necessary approvals for conducting
295sample collection and analyses pursuant to approval for the
296comprehensive quality-assurance plan prepared under department
297rules.
298     (7)  The contractor who is performing the majority of the
299site rehabilitation program tasks pursuant to a brownfield site
300rehabilitation agreement or supervising the performance of such
301tasks by licensed subcontractors in accordance with the
302provisions of s. 489.113(9) must certify to the department that
303the contractor:
304     (a)  Complies with applicable OSHA regulations.
305     (b)  Maintains workers' compensation insurance for all
306employees as required by the Florida Workers' Compensation Law.
307     (c)  Maintains comprehensive general liability coverage
308with limits of not less than $1 million per occurrence and $2
309million general aggregate for bodily injury and property damage
310and comprehensive automobile liability coverage insurance with
311minimum limits of not less than at least $2 $1 million combined
312single limit. The contractor shall also maintain pollution
313liability coverage with limits of not less than $3 million
314aggregate for personal injury or death, $1 million per
315occurrence for personal injury or death, and $1 million per
316occurrence for property damage. The contractor's certificate of
317insurance shall name per claim and $1 million annual aggregate,
318sufficient to protect it from claims for damage for personal
319injury, including accidental death, as well as claims for
320property damage which may arise from performance of work under
321the program, designating the state as an additional insured
322party.
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
326majority of the work at a site in accordance with s. 489.113(9).
327     Section 7.  Subsection (1) of section 376.82, Florida
328Statutes, is amended to read:
329     376.82  Eligibility criteria and liability protection.--
330     (1)  ELIGIBILITY.--Any person who has not caused or
331contributed to the contamination of a brownfield site on or
332after July 1, 1997, is eligible to participate in the brownfield
333rehabilitation program established in ss. 376.77-376.85, subject
334to the following:
335     (a)  Potential brownfield sites that are subject to an
336ongoing formal judicial or administrative enforcement action or
337corrective action pursuant to federal authority, including, but
338not limited to, the Comprehensive Environmental Response
339Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as
340amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f-300i,
341as amended; the Clean Water Act, 33 U.S.C. ss. 1251-1387, as
342amended; or under an order from the United States Environmental
343Protection Agency pursuant to s. 3008(h) of the Resource
344Conservation and Recovery Act, as amended (42 U.S.C.A. s.
3456928(h)); or that have obtained or are required to obtain a
346permit for the operation of a hazardous waste treatment,
347storage, or disposal facility; a postclosure permit; or a permit
348pursuant to the federal Hazardous and Solid Waste Amendments of
3491984, are not eligible for participation unless specific
350exemptions are secured by a memorandum of agreement with the
351United States Environmental Protection Agency pursuant to
352paragraph (2)(g). A brownfield site within an eligible
353brownfield area that subsequently becomes subject to formal
354judicial or administrative enforcement action or corrective
355action under such federal authority shall have its eligibility
356revoked unless specific exemptions are secured by a memorandum
357of agreement with the United States Environmental Protection
358Agency pursuant to paragraph (2)(g).
359     (b)  Persons who have not caused or contributed to the
360contamination of a brownfield site on or after July 1, 1997, and
361who, prior to the department's approval of a brownfield site
362rehabilitation agreement, are subject to ongoing corrective
363action or enforcement under state authority established in this
364chapter or chapter 403, including those persons subject to a
365pending consent order with the state, are eligible for
366participation in a brownfield site rehabilitation agreement
367corrective action if:
368     1.  The proposed brownfield site is currently idle or
369underutilized as a result of the contamination, and
370participation in the brownfield program will immediately, after
371cleanup or sooner, result in increased economic productivity at
372the site, including at a minimum the creation of 10 new
373permanent jobs, whether full-time or part-time, which are not
374associated with implementation of the brownfield site
375rehabilitation agreement corrective action plan; and
376     2.  The person is complying in good faith with the terms of
377an existing consent order or department-approved corrective
378action plan, or responding in good faith to an enforcement
379action, as evidenced by a determination issued by the department
380or an approved local pollution control program.
381     (c)  Potential brownfield sites owned by the state or a
382local government which contain contamination for which a
383governmental entity is potentially responsible and which are
384already designated as federal brownfield pilot projects or have
385filed an application for designation to the United States
386Environmental Protection Agency are eligible for participation
387in a brownfield site rehabilitation agreement corrective action.
388     (d)  After July 1, 1997, petroleum and drycleaning
389contamination sites shall not receive both restoration funding
390assistance available for the discharge under this chapter and
391any state assistance available under s. 288.107. Nothing in this
392act shall affect the cleanup criteria, priority ranking, and
393other rights and obligations inherent in petroleum contamination
394and drycleaning contamination site rehabilitation under ss.
395376.30-376.319, or the availability of economic incentives
396otherwise provided for by law.
397     Section 8.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.