Florida Senate - 2008 CS for CS for SB 2018

By the Committees on General Government Appropriations; Judiciary; and Senators Posey, Jones and Baker

601-08281-08 20082018c2

A bill to be entitled

An act relating to financial assistance for contaminated

petroleum storage sites; amending s. 376.30715, F.S.;

providing for financial assistance in certain additional

circumstances involving a transfer of the contaminated

property; amending s. 220.1845, F.S.; revising

requirements for site rehabilitation tax credits;

expanding eligibility for site rehabilitation tax credits;

providing for application to brownfield site redevelopment

solid waste removal costs; providing requirements and

limitations; providing definitions; providing for

application to construction and operation of new health

care facilities or health care providers on brownfield

sites; providing requirements; amending s. 376.30781,

F.S.; revising provisions providing tax credits for

rehabilitation of certain contaminated sites and

brownfield sites; providing for application to solid waste

removal activities and site rehabilitation; providing for

granting tax credits to multiple applicants; providing

criteria for claiming costs for solid waste removal;

providing definitions; providing for application to

construction and operation of new health care facilities

or health care providers on brownfield sites; providing

requirements; revising criteria and requirements for

granting site rehabilitation tax credits; providing

criteria and requirements for granting solid waste removal

tax credits; revising criteria and requirements for

Department of Environmental Protection review of tax

credit applications; providing notice requirements for the

department in reviewing applications; increasing available

amounts eligible for tax credits; providing additional

limitations on tax credit awards for site rehabilitation

costs and solid waste removal costs; providing

construction of costs not eligible for tax credits;

providing requirements and procedures for allocating and

awarding certain ineligible or disputed costs; amending s.

376.77, F.S.; conforming cross-references; amending s.

376.79, F.S.; revising definitions relating to brownfield

redevelopment; conforming a cross-reference; amending s.

376.80, F.S.; revising the brownfield program

administration process; revising local government proposal

requirements; revising requirements for brownfield site

redevelopment agreements; deleting certain brownfield site

rehabilitation contractor certification requirements;

deleting a requirement that certain professionals carry

professional liability insurance; providing legislative

findings and declarations; authorizing local governments

to evaluate certain benefits and effects of brownfield

site redevelopment and rehabilitation; providing criteria;

authorizing the Department of Health to assist local

governments in such evaluations; amending ss. 376.82 and

376.83, F.S.; conforming cross-references; amending s.

376.86, F.S.; providing for limited application of

Brownfield Areas Loan Guarantee Program grants to

construction and operation of new health care facilities

and health care providers; expanding membership of the

Brownfield Areas Loan Guarantee Council; amending s.

163.3221, F.S.; conforming a cross-reference; providing

for retroactive application; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 376.30715, Florida Statutes, is amended

to read:

376.30715 Innocent victim petroleum storage system

restoration.--A contaminated site acquired by the current owner

prior to July 1, 1990, which has ceased operating as a petroleum

storage or retail business prior to January 1, 1985, is eligible

for financial assistance pursuant to s. 376.305(6),

notwithstanding s. 376.305(6)(a). For purposes of this section,

the term "acquired" means the acquistion of title to the

property; however, a subsequent transfer of the property to a

spouse, a surviving spouse in trust or free of trust, or a

revocable trust created for the benefit of the settlor does not

disqualify the site from financial assistance pursuant to s.

376.305(6). Eligible sites shall be ranked in accordance with s.

376.3071(5).

Section 2. Paragraphs (a), (c), (g), and (i) of subsection

(1) and subsection (2) of section 220.1845, Florida Statutes, are

amended, and paragraphs (j) and (k) are added to subsection (1)

of that section, to read:

220.1845 Contaminated site rehabilitation tax credit.--

(1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

(a) A credit in the amount of 50 percent of the costs of

voluntary cleanup activity that is integral to site

rehabilitation at the following sites is available against any

tax due for a taxable year under this chapter:

1. A drycleaning-solvent-contaminated site eligible for

state-funded site rehabilitation under s. 376.3078(3);

2. A drycleaning-solvent-contaminated site at which site

rehabilitation cleanup is undertaken by the real property owner

pursuant to s. 376.3078(11), if the real property owner is not

also, and has never been, the owner or operator of the

drycleaning facility where the contamination exists; or

3. A brownfield site in a designated brownfield area under

s. 376.80.

used in any one year because of insufficient tax liability on the

part of the corporation, the unused amount may be carried forward

100

for up to a period not to exceed 5 years. The carryover credit

101

may be used in a subsequent year if when the tax imposed by this

102

chapter for that year exceeds the credit for which the

103

corporation is eligible in that year under this section after

104

applying the other credits and unused carryovers in the order

105

provided by s. 220.02(8). Five years after the date a credit is

106

granted under this section, such credit expires and may not be

107

used. However, If during the 5-year period the credit is

108

transferred, in whole or in part, pursuant to paragraph (g), each

109

transferee has 5 years after the date of transfer to use its

110

credit.

111

(g)1. Tax credits that may be available under this section

112

to an entity eligible under s. 376.30781 may be transferred after

113

a merger or acquisition to the surviving or acquiring entity and

114

used in the same manner and with the same limitations.

115

2. The entity or its surviving or acquiring entity as

116

described in subparagraph 1., may transfer any unused credit in

117

whole or in units of at least no less than 25 percent of the

118

remaining credit. The entity acquiring such credit may use it in

119

the same manner and with the same limitation as described in this

120

section. Such transferred credits may not be transferred again

121

although they may succeed to a surviving or acquiring entity

122

subject to the same conditions and limitations as described in

123

this section.

124

3. If In the event the credit provided for under this

125

section is reduced due to either as a result of a determination

126

by the Department of Environmental Protection or an examination

127

or audit by the Department of Revenue, the such tax deficiency

128

shall be recovered from the first entity, or the surviving or

129

acquiring entity that, to have claimed the such credit up to the

130

amount of credit taken. Any subsequent deficiencies shall be

131

assessed against the any entity acquiring and claiming the such

132

credit, or in the case of multiple succeeding entities in the

133

order of credit succession.

134

(i) In order to encourage the construction of housing that

135

meets the definition of affordable provided in s. 420.0004(3), an

136

applicant for the tax credit may claim an additional 25 percent

137

of the total site rehabilitation costs that are eligible for tax

138

credits under this section, not to exceed $500,000. In order to

139

receive this additional tax credit, the applicant must provide a

140

certification letter from the Florida Housing Finance

141

Corporation, the local housing authority, or other governmental

142

agency that is a party to the use agreement, indicating that the

143

construction on the brownfield site is complete, the brownfield

144

site has received a certificate of occupancy, and the brownfield

145

site has a properly recorded instrument that limits the use of

146

the property to housing that meets the definition of affordable

147

provided in s. 420.0004(3).

148

(j) In order to encourage the redevelopment of a brownfield

149

site, as defined in the brownfield site rehabilitation agreement,

150

which is hindered by the presence of solid waste, as defined in

151

s. 403.703, a tax credit applicant, or multiple tax credit

152

applicants working jointly to clean up a single brownfield site,

153

may also claim costs required to address solid waste removal as

154

defined in this paragraph in accordance with rules of the

155

Department of Environmental Protection. Multiple tax credit

156

applicants shall be granted tax credits in the same proportion as

157

each applicant's contribution to payment of solid waste removal

158

costs. These costs are eligible for a tax credit provided the

159

applicant submits an affidavit stating that, after consultation

160

with appropriate local government officials and the Department of

161

Environmental Protection, to the best of the applicant's

162

knowledge according to such consultation and available historical

163

records, the brownfield site was never operated as a permitted

164

solid waste disposal area or was never operated for monetary

165

compensation and the applicant submits all other documentation

166

and certifications required by this section. Under this section,

167

wherever reference is made to "site rehabilitation," the

168

Department of Environmental Protection shall instead consider

169

whether or not the costs claimed are for solid waste removal. Tax

170

credit applications claiming costs pursuant to this paragraph

171

shall not be subject to the calendar-year limitation and January

172

31 annual application deadline, and the Department of

173

Environmental Protection shall accept a one-time application

174

filed subsequent to the completion by the tax credit applicant of

175

the applicable requirements listed in this section. A tax credit

176

applicant may claim 50 percent of the cost for solid waste

177

removal, not to exceed $500,000, after the applicant has

178

determined solid waste removal is completed for the brownfield

179

site. A solid waste removal tax credit application may be filed

180

only once per brownfield site. For the purposes of this section,

181

the term:

182

1. "Solid waste disposal area" means a landfill, dump, or

183

other area where solid waste has been disposed of.

184

2. "Monetary compensation" means the fees that were charged

185

or the assessments that were levied for the disposal of solid

186

waste at a solid waste disposal area.

187

3. "Solid waste removal" means removal of solid waste from

188

the land surface or excavation of solid waste from below the land

189

surface and removal of the solid waste from the brownfield site.

190

The term also includes:

191

a. Transportation of solid waste to a licensed or exempt

192

solid waste management facility or to a temporary storage area.

193

b. Sorting or screening of solid waste prior to removal

194

from the site.

195

c. Deposition of solid waste at a permitted or exempt solid

196

waste management facility, whether the solid waste is disposed of

197

or recycled.

198

(k) In order to encourage the construction and operation of

199

a new health care facility as defined in s. 408.032 or s. 408.07,

200

or a health care provider as defined in s. 408.07 or s. 408.7056,

201

on a brownfield site, an applicant for a tax credit may claim an

202

additional 25 percent of the total site rehabilitation costs, not

203

to exceed $500,000, if the applicant meets the requirements of

204

this paragraph. In order to receive this additional tax credit,

205

the applicant must provide documentation indicating that the

206

construction of the health care facility or health care provider

207

by the applicant on the brownfield site has received a

208

certificate of occupancy or a license or certificate has been

209

issued for the operation of the health care facility or health

210

care provider.

211

(2) FILING REQUIREMENTS.--Any corporation that wishes to

212

obtain credit under this section must submit with its return a

213

tax credit certificate approving partial tax credits issued by

214

the Department of Environmental Protection under s. 376.30781.

215

Section 3. Section 376.30781, Florida Statutes, is amended

216

to read:

217

376.30781 Partial Tax credits for rehabilitation of

218

drycleaning-solvent-contaminated sites and brownfield sites in

219

designated brownfield areas; application process; rulemaking

220

authority; revocation authority.--

221

(1) The Legislature finds that:

222

(a) To facilitate property transactions and economic growth

223

and development, it is in the state's interest of the state to

224

encourage the cleanup, at the earliest possible time, of

225

drycleaning-solvent-contaminated sites and brownfield sites in

226

designated brownfield areas.

227

(b) It is the intent of the Legislature to encourage the

228

voluntary cleanup of drycleaning-solvent-contaminated sites and

229

brownfield sites in designated brownfield areas by providing a

230

partial tax credit for the restoration of such property in

231

specified circumstances.

232

(2) Notwithstanding the requirements of subsection

233

paragraph (5)(a), tax credits allowed pursuant to s. 220.1845 are

234

available for any site rehabilitation or solid waste removal

235

conducted during the calendar year in which the applicable

236

voluntary cleanup agreement or brownfield site rehabilitation

237

agreement is executed, even if the site rehabilitation or solid

238

waste removal is conducted prior to the execution of that

239

agreement or the designation of the brownfield area.

240

(3)(a) A credit in the amount of 50 percent of the costs of

241

voluntary cleanup activity that is integral to site

242

rehabilitation at the following sites is allowed pursuant to s.

243

220.1845:

244

1. A drycleaning-solvent-contaminated site eligible for

245

state-funded site rehabilitation under s. 376.3078(3);

246

2. A drycleaning-solvent-contaminated site at which site

247

rehabilitation cleanup is undertaken by the real property owner

248

pursuant to s. 376.3078(11), if the real property owner is not

249

also, and has never been, the owner or operator of the

250

drycleaning facility where the contamination exists; or

251

3. A brownfield site in a designated brownfield area under

252

s. 376.80.

253

(b) A tax credit applicant, or multiple tax credit

254

applicants working jointly to clean up a single site, may not

255

receive be granted more than $500,000 per year in tax credits for

256

each site voluntarily rehabilitated. Multiple tax credit

257

applicants shall be granted tax credits in the same proportion as

258

each applicant's their contribution to payment of site

259

rehabilitation cleanup costs. Tax credits are available only for

260

site rehabilitation conducted during the calendar year for which

261

the tax credit application is submitted. For purposes of this

262

section, the term "integral to site rehabilitation" means work

263

that is necessary to implement the requirements of chapter 62-785

264

or chapter 62-782, Florida Administrative Code.

265

266

at contaminated sites that are being voluntarily cleaned up and

267

that are eligible for a tax credit under this section, the tax

268

credit applicant may claim an additional 25 percent of the total

269

site rehabilitation cleanup costs, not to exceed $500,000, in the

270

final year of cleanup as evidenced by the Department of

271

Environmental Protection issuing a "No Further Action" order for

272

that site.

273

(d) In order to encourage the construction of housing that

274

meets the definition of affordable provided in s. 420.0004(3), an

275

applicant for the tax credit may claim an additional 25 percent

276

of the total site rehabilitation costs that are eligible for tax

277

credits under this section, not to exceed $500,000. In order To

278

receive this additional tax credit, the applicant must provide a

279

certification letter from the Florida Housing Finance

280

Corporation, the local housing authority, or other governmental

281

agency that is a party to the use agreement, indicating that the

282

construction on the brownfield site is complete, the brownfield

283

site has received a certificate of occupancy, and the brownfield

284

site has a properly recorded instrument that limits the use of

285

the property to housing that meets the definition of affordable

286

provided in s. 420.0004(3). Notwithstanding the limitation that

287

only one application may shall be submitted each year for each

288

site, an application for the additional credit provided for in

289

this paragraph shall be submitted after as soon as all

290

requirements to obtain the this additional tax credit have been

291

met.

292

(e) In order Notwithstanding the restrictions in this

293

section that limit tax credit eligibility to costs that are

294

integral to site rehabilitation, to encourage the redevelopment

295

of a brownfield site, as defined in the brownfield site

296

rehabilitation agreement, which is properties in designated

297

brownfield areas that are hindered by the presence of solid

298

waste, as defined in s. 403.703, costs related to solid waste

299

removal may also be claimed under this section. A tax credit

300

applicant, or multiple tax credit applicants working jointly to

301

clean up a single brownfield site, may also claim costs to

302

address the solid waste removal as defined in this paragraph, but

303

only those costs to remove, transport, and dispose of solid waste

304

in accordance with department rules. Multiple tax credit

305

applicants shall be granted tax credits in the same proportion as

306

each applicant's contribution to payment of solid waste removal

307

costs. These costs are eligible for a tax credit provided the

308

applicant submits an affidavit stating that, after consultation

309

with appropriate local government officials and the department,

310

to the best of the applicant's knowledge based upon such

311

consultation and available historical records, the brownfield

312

site was never operated as a permitted solid waste disposal area

313

or was never operated landfill or dump site for monetary

314

compensation, and the applicant submits all other documentation

315

and certifications required by this section. In this section,

316

where reference is made to "site rehabilitation," the department

317

shall instead consider whether the costs claimed are for solid

318

waste removal, transportation, and disposal of solid waste. Tax

319

credit applications claiming costs pursuant to this paragraph

320

shall not be subject to the calendar-year limitation and January

321

31 15 annual application deadline, and the department shall

322

accept a one-time application filed subsequent to the completion

323

by the tax credit applicant of the applicable requirements listed

324

in this subsection paragraph. A tax credit applicant may claim 50

325

percent of the costs for solid waste removal, not to exceed

326

$500,000, after the applicant has determined solid waste removal

327

is completed for the brownfield site. A solid waste removal tax

328

credit application may be filed only once per brownfield site.

329

For the purposes of this section, the term:

330

1. "Solid waste disposal area" means a landfill, dump, or

331

other area where solid waste has been disposed of.

332

2. "Monetary compensation" means the fees that were charged

333

or the assessments that were levied for the disposal of solid

334

waste at a solid waste disposal area.

335

3. "Solid waste removal" means removal of solid waste from

336

the land surface or excavation of solid waste from below the land

337

surface and removal of the solid waste from the brownfield site.

338

The term also includes:

339

a. Transportation of solid waste to a licensed or exempt

340

solid waste management facility or to a temporary storage area.

341

b. Sorting or screening of solid waste prior to removal

342

from the site.

343

c. Deposition of solid waste at a permitted or exempt solid

344

waste management facility, whether the solid waste is disposed of

345

or recycled.

346

(f) In order to encourage the construction and operation of

347

a new health care facility or a health care provider, as defined

348

in s. 408.032, s. 408.07, or s. 408.7056, on a brownfield site,

349

an applicant for a tax credit may claim an additional 25 percent

350

of the total site rehabilitation costs, not to exceed $500,000,

351

if the applicant meets the requirements of this paragraph. In

352

order to receive this additional tax credit, the applicant must

353

provide documentation indicating that the construction of the

354

health care facility or health care provider by the applicant on

355

the brownfield site has received a certificate of occupancy or a

356

license or certificate has been issued for the operation of the

357

health care facility or health care provider.

358

(4) The Department of Environmental Protection is shall be

359

responsible for allocating the tax credits provided for in s.

360

220.1845, which may not to exceed a total of $2 million in tax

361

credits annually.

362

(5) To claim the credit for site rehabilitation or solid

363

waste removal conducted during the current calendar year, each

364

tax credit applicant must apply to the Department of

365

Environmental Protection for an allocation of the $2 million

366

annual credit by filing a tax credit application with the

367

Division of Waste Management January 15 of the following year on

368

a form developed by the Department of Environmental Protection in

369

cooperation with the Department of Revenue. The form shall

370

include an affidavit from each tax credit applicant certifying

371

that all information contained in the application, including all

372

records of costs incurred and claimed in the tax credit

373

application, are true and correct. If the application is

374

submitted pursuant to subparagraph (3)(a)2., the form must

375

include an affidavit signed by the real property owner stating

376

that it is not, and has never been, the owner or operator of the

377

drycleaning facility where the contamination exists. Approval of

378

partial tax credits must be accomplished on a first-come, first-

379

served basis based upon the date and time complete applications

380

are received by the Division of Waste Management, subject to the

381

limitations of subsection (14). A tax credit applicant shall

382

submit only one complete application per site for each calendar

383

year's site rehabilitation costs. Incomplete placeholder

384

applications shall not be accepted and will not secure a place in

385

the first-come, first-served application line. To be eligible for

386

a tax credit, the tax credit applicant must:

387

(a) For site rehabilitation tax credits, have entered into

388

a voluntary cleanup agreement with the Department of

389

Environmental Protection for a drycleaning-solvent-contaminated

390

site or a Brownfield Site Rehabilitation Agreement, as

391

applicable,; and have paid all deductibles pursuant to s.

392

376.3078(3)(e) for eligible drycleaning-solvent-cleanup program

393

sites, as applicable. A site rehabilitation tax credit applicant

394

must submit only a single completed application per site for each

395

calendar year's site rehabilitation costs. A site rehabilitation

396

application must be received by the Division of Waste Management

397

of the Department of Environmental Protection by January 31 of

398

the year after the calendar year for which site rehabilitation

399

costs are being claimed in a tax credit application.

400

(b) For solid waste removal tax credits, have entered into

401

a brownfield site rehabilitation agreement with the Department of

402

Environmental Protection. A solid waste removal tax credit

403

applicant must submit only a single complete application per

404

brownfield site, as defined in the brownfield site rehabilitation

405

agreement, for solid waste removal costs. A solid waste removal

406

tax credit application must be received by the Division of Waste

407

Management of the Department of Environmental Protection

408

subsequent to the completion of the requirements listed in

409

paragraph (3)(e) Have paid all deductibles pursuant to s.

410

376.3078(3)(e) for eligible drycleaning-solvent-cleanup program

411

sites.

412

(6) To obtain the tax credit certificate, a tax credit

413

applicant must annually file an application for certification,

414

which must be received by the Division of Waste Management of the

415

Department of Environmental Protection by January 15 of the year

416

following the calendar year for which site rehabilitation costs

417

are being claimed in a tax credit application. the tax credit

418

applicant must provide all pertinent information requested on the

419

tax credit application form, including, at a minimum, the name

420

and address of the tax credit applicant and the address and

421

tracking identification number of the eligible site. Along with

422

the tax credit application form, the tax credit applicant must

423

submit the following:

424

(a) A nonrefundable review fee of $250 made payable to the

425

Water Quality Assurance Trust Fund to cover the administrative

426

costs associated with the department's review of the tax credit

427

application;

428

(b) Copies of documents that describe the goods or services

429

and associated costs being claimed that were integral to site

430

rehabilitation as defined in s. 376.301 or s. 376.79 or were for

431

solid waste removal as defined in this section during the time

432

period covered by the application. Such documents must include

433

contractual records that describe the scope of work performed,

434

payment requests that describe the goods or services provided,

435

and payment records involving actual costs incurred and paid.

436

Such documentation must be sufficient to demonstrate a link

437

between the contractual records, the payment requests, and the

438

payment records for the time period covered by the application

439

contracts and documentation of contract negotiations, accounts,

440

invoices, sales tickets, or other payment records from purchases,

441

sales, leases, or other transactions involving actual costs

442

incurred for that tax year related to site rehabilitation, as

443

that term is defined in ss. 376.301 and 376.79;

444

445

paragraph (b) has been reviewed and verified by an independent

446

certified public accountant in accordance with standards

447

established by the American Institute of Certified Public

448

Accountants. Specifically, a certified public accountant's report

449

must be submitted and the certified public accountant must attest

450

to the accuracy and validity of the costs incurred and paid

451

during the time period covered in the application by conducting

452

an independent review of the data presented by the tax credit

453

applicant. Accuracy and validity of costs incurred and paid shall

454

would be determined after once the level of effort is was

455

certified by an appropriate professional registered in this state

456

in each contributing technical discipline. The certified public

457

accountant's report must would also attest that the costs

458

included in the application form are not duplicated within the

459

application. A copy of the accountant's report shall be submitted

460

to the Department of Environmental Protection in addition to the

461

accountant's certification form in with the tax credit

462

application; and

463

(d) A certification form stating that site rehabilitation

464

activities associated with the documentation submitted pursuant

465

to paragraph (b) have been conducted under the observation of,

466

and related technical documents have been signed and sealed by,

467

an appropriate professional registered in this state in each

468

contributing technical discipline. The certification form shall

469

be signed and sealed by the appropriate registered professionals

470

stating that the costs incurred were integral, necessary, and

471

required for site rehabilitation, as that term is defined in ss.

472

376.301 and 376.79. If the scope of solid waste removal

473

activities does not require oversight by a registered technical

474

professional in this state, such certification form is not

475

required as part of the tax credit application.

476

(7) The certified public accountant and appropriate

477

registered professionals submitting forms as part of a tax credit

478

application must verify such forms by completing and signing the

479

appropriate certifications included as part of the application

480

form. Verification shall must be accomplished as provided in s.

481

92.525(1)(b) and subject to the provisions of s. 92.525(3).

482

(8) The Department of Environmental Protection shall review

483

the tax credit application and any supplemental documentation

484

that the tax credit applicant may submit prior to the annual

485

application deadline, if applicable, for completeness and

486

eligibility, as follows:

487

(a) To be In order to have the application considered

488

complete, the review must verify for the purpose of verifying

489

that the tax credit applicant has met the appropriate qualifying

490

criteria in subsections (3) and (5), and has submitted a

491

completed application form, and has addressed each of the

492

categories of submittals all required documentation listed in

493

subsection (6). Upon verification that the tax credit applicant

494

has met such completeness these requirements, the tax credit

495

application secures a place in the first-come, first-served

496

application line. If the department determines that an

497

application is incomplete, the department shall notify the

498

applicant in writing and the applicant shall have 30 days after

499

receiving such notification to correct any deficiency. Upon

500

timely correction of any deficiencies, the tax credit application

501

secures a place in the first-come, first-served application line.

502

Tax credit applications may not be altered to claim additional

503

costs during this time.

504

(b) In order to have costs considered eligible, a review of

505

the complete application shall be performed to verify that the

506

work claimed was integral to site rehabilitation or was for solid

507

waste removal, that the work claimed was performed in the

508

applicable timeframe, and that the costs claimed were properly

509

documented. Upon verification, the department shall issue a

510

written decision granting eligibility for partial tax credits (a

511

tax credit certificate). Complete tax credit applications shall

512

be reviewed for eligible costs in conjunction with in the amount

513

of 50 percent of the total costs claimed, subject to the $500,000

514

limitation, for the calendar year for which the tax credit

515

application is submitted based on the report of the certified

516

public accountant and the certifications from the appropriate

517

registered technical professionals, as applicable.

518

(9) On or before May 1 March 31, the Department of

519

Environmental Protection shall inform each eligible tax credit

520

applicant that is subject to the January 31 annual application

521

deadline of the applicant's eligibility status and of the amount

522

of any its partial tax credit due. The department shall and

523

provide each eligible tax credit applicant with a tax credit

524

certificate that must be submitted with its tax return to the

525

Department of Revenue to claim the tax credit or be transferred

526

pursuant to s. 220.1845(1)(g)(h). The May 1 deadline for annual

527

site rehabilitation tax credit certificate awards shall not apply

528

to any tax credit application for which the department has issued

529

a notice of deficiency pursuant to subsection (8). The department

530

shall respond within 90 days after receiving a response from the

531

tax credit applicant to such a notice of deficiency. Credits may

532

will not result in the payment of refunds if total credits exceed

533

the amount of tax owed.

534

(10) For solid waste removal, new health care facility or

535

health care provider, and affordable housing tax credit

536

applications, the Department of Environmental Protection shall

537

inform the applicant of the department's determination within 90

538

days after the application is deemed complete. Each eligible tax

539

credit applicant shall be informed of the amount of its tax

540

credit and provided with a tax credit certificate that must be

541

submitted with its tax return to the Department of Revenue to

542

claim the tax credit or be transferred pursuant to s.

543

220.1845(1)(g). Credits may not result in the payment of refunds

544

if total credits exceed the amount of tax owed.

545

(11)(10) If a tax credit applicant does not receive a tax

546

credit allocation due to an exhaustion of the $2 million annual

547

tax credit authorization, such application will then be included

548

in the same first-come, first-served order in the next year's

549

annual tax credit allocation, if any, based on the prior year

550

application.

551

(12)(11) The Department of Environmental Protection may

552

adopt rules to prescribe the necessary forms required to claim

553

tax credits under this section and to provide the administrative

554

guidelines and procedures required to administer this section.

555

(13)(12) The Department of Environmental Protection may

556

revoke or modify any written decision granting eligibility for

557

partial tax credits under this section if it is discovered that

558

the tax credit applicant submitted any false statement,

559

representation, or certification in any application, record,

560

report, plan, or other document filed in an attempt to receive

561

partial tax credits under this section. The Department of

562

Environmental Protection shall immediately notify the Department

563

of Revenue of any revoked or modified orders affecting previously

564

granted partial tax credits. Additionally, the tax credit

565

applicant must notify the Department of Revenue of any change in

566

its tax credit claimed.

567

(14)(a)(13) A tax credit applicant who receives state-

568

funded site rehabilitation under s. 376.3078(3) for

569

rehabilitation of a drycleaning-solvent-contaminated site is

570

ineligible to receive a tax credit under s. 220.1845 for costs

571

incurred by the tax credit applicant in conjunction with the

572

rehabilitation of that site during the same time period that

573

state-administered site rehabilitation was underway.

574

(b) Tax credits for site rehabilitation awarded pursuant to

575

paragraphs (3)(b)-(d) and (f) are additive, but at no time shall

576

the total tax credit award for site rehabilitation exceed 100

577

percent of the costs incurred and paid by an applicant.

578

579

both eligible site rehabilitation costs and eligible solid waste

580

removal costs provided the costs for any given activity are not

581

claimed for both site rehabilitation and solid waste removal such

582

that the same costs are claimed twice.

583

(d) For purposes of this subsection, costs incurred that

584

are not considered integral to site rehabilitation include, but

585

are not limited to, brownfield area designation costs and tax

586

credit application preparation and submittal costs.

587

(e) If the department notifies an applicant pursuant to

588

subsection (9) that any claimed costs are ineligible, those costs

589

may not be allocated and applied to the annual tax credit

590

authorization, and any disputed costs may not delay the

591

application processing or award for subsequent eligible tax

592

credit applicants in the first-come, first-served application

593

line. However, if the department subsequently agrees to award tax

594

credits on any amount that was disputed, the department shall do

595

so based upon the first-come, first-served application line

596

determined by the applicant's original completeness date and

597

time, provided there is any tax credit authorization available.

598

If a tax credit applicant does not receive an award for the

599

disputed costs due to an exhaustion of the annual tax credit

600

authorization, such subsequent tax credit award shall be included

601

in the same first-come, first-served order in the next year's

602

annual tax credit allocation, if any, based upon the applicant's

603

original completeness date and time.

604

Section 4. Section 376.77, Florida Statutes, is amended to

605

read:

606

376.77 Short title.--Sections 376.77-376.86 376.77-376.85

607

may be cited as the "Brownfields Redevelopment Act."

608

Section 5. Subsections (6), (8), (10), (11), (12), and (17)

609

of section 376.79, Florida Statutes, are amended to read:

610

376.79 Definitions relating to Brownfields Redevelopment

611

Act.--As used in ss. 376.77-376.86 376.77-376.85, the term:

612

(6) "Contaminated site" means any contiguous land,

613

sediment, surface water, or groundwater areas that contain

614

contaminants that may be harmful to human health or the

615

environment.

616

(8) "Engineering controls" means modifications to a site to

617

reduce or eliminate the potential for exposure to chemicals of

618

concern from petroleum products, drycleaning solvents, or other

619

contaminants. Such modifications may include, but are not limited

620

to, physical or hydraulic control measures, capping, point of use

621

treatments, or slurry walls.

622

(10) "Institutional controls" means the restriction on use

623

of or access to a site to eliminate or minimize exposure to

624

chemicals of concern from petroleum products, drycleaning

625

solvents, or other contaminants. Such restrictions may include,

626

but are not limited to, deed restrictions, restrictive covenants,

627

or conservation easements.

628

(11) "Local pollution control program" means a local

629

pollution control program that has received delegated authority

630

from the Department of Environmental Protection under ss.

631

376.80(9)(11) and 403.182.

632

(12) "Natural attenuation" means a verifiable approach to

633

site rehabilitation that which allows natural processes to

634

contain the spread of contamination and reduce the concentrations

635

of contaminants in contaminated groundwater and soil. Natural

636

attenuation processes may include sorption, biodegradation,

637

chemical reactions with subsurface materials, diffusion,

638

dispersion, and volatilization.

639

(17) "Site rehabilitation" means the assessment of site

640

contamination and the remediation activities that reduce the

641

levels of contaminants at a site through accepted treatment

642

methods to meet the cleanup target levels established for that

643

site. For purposes of sites subject to the Resource Conservation

644

and Recovery Act, as amended, the term includes removal,

645

decontamination, and corrective action concerning releases of

646

hazardous substances.

647

Section 6. Section 376.80, Florida Statutes, is amended to

648

read:

649

376.80 Brownfield program administration process.--

650

(1) A local government with jurisdiction over the

651

brownfield area must notify the department of its decision to

652

designate a brownfield area for rehabilitation for the purposes

653

of ss. 376.77-376.86 376.77-376.85. The notification must include

654

a resolution, by the local government body, to which is attached

655

a map adequate to clearly delineate exactly which parcels are to

656

be included in the brownfield area or alternatively a less-

657

detailed map accompanied by a detailed legal description of the

658

brownfield area. If a property owner within the area proposed for

659

designation by the local government requests in writing to have

660

his or her property removed from the proposed designation, the

661

local government shall grant the request. For municipalities, the

662

governing body shall adopt the resolution in accordance with the

663

procedures outlined in s. 166.041, except that the notice for the

664

public hearings on the proposed resolution must be in the form

665

established in s. 166.041(3)(c)2. For counties, the governing

666

body shall adopt the resolution in accordance with the procedures

667

outlined in s. 125.66, except that the notice for the public

668

hearings on the proposed resolution shall be in the form

669

established in s. 125.66(4)(b)2.

670

(2)(a) If a local government proposes to designate a

671

brownfield area that is outside community redevelopment areas,

672

enterprise zones, empowerment zones, closed military bases, or

673

designated brownfield pilot project areas, the local government

674

shall adopt the resolution and must conduct the public hearings

675

in accordance with the requirements of subsection (1), except

676

that at least one of the required public hearings shall be

677

conducted as close as reasonably practicable to hearing in the

678

area to be designated to provide an opportunity for public input

679

on the size of the area, the objectives for rehabilitation, job

680

opportunities and economic developments anticipated, neighborhood

681

residents' considerations, and other relevant local concerns.

682

Notice of the public hearing must be made in a newspaper of

683

general circulation in the area and the notice must be at least

684

16 square inches in size, must be in ethnic newspapers or local

685

community bulletins, must be posted in the affected area, and

686

must be announced at a scheduled meeting of the local governing

687

body before the actual public hearing. In determining the areas

688

to be designated, the local government must consider:

689

1. Whether the brownfield area warrants economic

690

development and has a reasonable potential for such activities;

691

2. Whether the proposed area to be designated represents a

692

reasonably focused approach and is not overly large in geographic

693

coverage;

694

3. Whether the area has potential to interest the private

695

sector in participating in rehabilitation; and

696

4. Whether the area contains sites or parts of sites

697

suitable for limited recreational open space, cultural, or

698

historical preservation purposes.

699

(b) A local government shall designate a brownfield area

700

under the provisions of this act provided that:

701

1. A person who owns or controls a potential brownfield

702

site is requesting the designation and has agreed to rehabilitate

703

and redevelop the brownfield site;

704

2. The rehabilitation and redevelopment of the proposed

705

brownfield site will result in economic productivity of the area,

706

along with the creation of at least 5 new permanent jobs at the

707

brownfield site that which are full-time equivalent positions not

708

associated with the implementation of the brownfield site

709

rehabilitation agreement and that which are not associated with

710

redevelopment project demolition or construction activities

711

pursuant to the redevelopment of the proposed brownfield site or

712

area agreement required under paragraph (5)(i). However, the job

713

creation requirement shall not apply to the rehabilitation and

714

redevelopment of a brownfield site that will provide affordable

715

housing as defined in s. 420.0004(3) or the creation of

716

recreational areas, conservation areas, or parks;

717

3. The redevelopment of the proposed brownfield site is

718

consistent with the local comprehensive plan and is a permittable

719

use under the applicable local land development regulations;

720

4. Notice of the proposed rehabilitation of the brownfield

721

area has been provided to neighbors and nearby residents of the

722

proposed area to be designated, and the person proposing the area

723

for designation has afforded to those receiving notice the

724

opportunity for comments and suggestions about rehabilitation.

725

Notice pursuant to this subparagraph subsection must be made in a

726

newspaper of general circulation in the area, at least 16 square

727

inches in size, and the notice must be posted in the affected

728

area; and

729

5. The person proposing the area for designation has

730

provided reasonable assurance that he or she has sufficient

731

financial resources to implement and complete the rehabilitation

732

agreement and redevelopment of the brownfield site plan.

733

734

identification of a person responsible for brownfield site

735

rehabilitation simply entitles the identified person to negotiate

736

a brownfield site rehabilitation agreement with the department or

737

approved local pollution control program.

738

(3) When there is a person responsible for brownfield site

739

rehabilitation, the local government must notify the department

740

of the identity of that person. If the agency or person who will

741

be responsible for the coordination changes during the approval

742

process specified in subsections (4), (5), and (6), the

743

department or the affected approved local pollution control

744

program must notify the affected local government when the change

745

occurs.

746

(4) Local governments or persons responsible for

747

rehabilitation and redevelopment of brownfield areas must

748

establish an advisory committee or use an existing advisory

749

committee that has formally expressed its intent to address

750

redevelopment of the specific brownfield area for the purpose of

751

improving public participation and receiving public comments on

752

rehabilitation and redevelopment of the brownfield area, future

753

land use, local employment opportunities, community safety, and

754

environmental justice. Such advisory committee should include

755

residents within or adjacent to the brownfield area, businesses

756

operating within the brownfield area, and others deemed

757

appropriate. The person responsible for brownfield site

758

rehabilitation must notify the advisory committee of the intent

759

to rehabilitate and redevelop the site before executing the

760

brownfield site rehabilitation agreement, and provide the

761

committee with a copy of the draft plan for site rehabilitation

762

which addresses elements required by subsection (5). This

763

includes disclosing potential reuse of the property as well as

764

site rehabilitation activities, if any, to be performed. The

765

advisory committee shall review any the proposed redevelopment

766

agreements prepared agreement required pursuant to paragraph

767

(5)(i) and provide comments, if appropriate, to the board of the

768

local government with jurisdiction over the brownfield area. The

769

advisory committee must receive a copy of the executed brownfield

770

site rehabilitation agreement. When the person responsible for

771

brownfield site rehabilitation submits a site assessment report

772

or the technical document containing the proposed course of

773

action following site assessment to the department or the local

774

pollution control program for review, the person responsible for

775

brownfield site rehabilitation must hold a meeting or attend a

776

regularly scheduled meeting to inform the advisory committee of

777

the findings and recommendations in the site assessment report or

778

the technical document containing the proposed course of action

779

following site assessment.

780

(5) The person responsible for brownfield site

781

rehabilitation must enter into a brownfield site rehabilitation

782

agreement with the department or an approved local pollution

783

control program if actual contamination exists at the brownfield

784

site. The brownfield site rehabilitation agreement must include:

785

(a) A brownfield site rehabilitation schedule, including

786

milestones for completion of site rehabilitation tasks and

787

submittal of technical reports and rehabilitation plans as agreed

788

upon by the parties to the agreement.;

789

(b) A commitment to conduct site rehabilitation activities

790

under the observation of professional engineers or geologists who

791

are registered in accordance with the requirements of chapter 471

792

or chapter 492, respectively. Submittals provided by the person

793

responsible for brownfield site rehabilitation must be signed and

794

sealed by a professional engineer registered under chapter 471,

795

or a professional geologist registered under chapter 492,

796

certifying that the submittal and associated work comply with the

797

law and rules of the department and those governing the

798

profession. In addition, upon completion of the approved remedial

799

action, the department shall require a professional engineer

800

registered under chapter 471 or a professional geologist

801

registered under chapter 492 to certify that the corrective

802

action was, to the best of his or her knowledge, completed in

803

substantial conformance with the plans and specifications

804

approved by the department.;

805

806

accordance with department quality assurance rules.;

807

(d) A commitment to conduct site rehabilitation consistent

808

with state, federal, and local laws and consistent with the

809

brownfield site contamination cleanup criteria in s. 376.81,

810

including any applicable requirements for risk-based corrective

811

action.;

812

(e) Timeframes for the department's review of technical

813

reports and plans submitted in accordance with the agreement. The

814

department shall make every effort to adhere to established

815

agency goals for reasonable timeframes for review of such

816

documents.;

817

(f) A commitment to secure site access for the department

818

or approved local pollution control program to all brownfield

819

sites within the eligible brownfield area for activities

820

associated with site rehabilitation.;

821

(g) Other provisions that the person responsible for

822

brownfield site rehabilitation and the department agree upon,

823

that are consistent with ss. 376.77-376.86 376.77-376.85, and

824

that will improve or enhance the brownfield site rehabilitation

825

process.;

826

(h) A commitment to consider appropriate pollution

827

prevention measures and to implement those that the person

828

responsible for brownfield site rehabilitation determines are

829

reasonable and cost-effective, taking into account the ultimate

830

use or uses of the brownfield site. Such measures may include

831

improved inventory or production controls and procedures for

832

preventing loss, spills, and leaks of hazardous waste and

833

materials, and include goals for the reduction of releases of

834

toxic materials.; and

835

(i) Certification that an agreement exists between the

836

person responsible for brownfield site rehabilitation has

837

consulted with and the local government with jurisdiction over

838

the brownfield area about the proposed redevelopment of the

839

brownfield site, that the local government is in agreement with

840

or approves the proposed redevelopment, and that the proposed

841

redevelopment complies with applicable laws and requirements for

842

such redevelopment. Certification shall be accomplished by

843

referencing or providing a legally recorded or officially

844

approved land use or site plan, a development order or approval,

845

a building permit, or a similar official document issued by the

846

local government that reflects the local government's approval of

847

proposed redevelopment of the brownfield site; providing a copy

848

of the local government resolution designating the brownfield

849

area that contains the proposed redevelopment of the brownfield

850

site; or providing a letter from the local government that

851

describes the proposed redevelopment of the brownfield site and

852

expresses the local government's agreement with or approval of

853

the proposed redevelopment. Such agreement shall contain terms

854

for the redevelopment of the brownfield area.

855

(6) Any contractor performing site rehabilitation program

856

tasks must demonstrate to the department that the contractor:

857

(a) Meets all certification and license requirements

858

imposed by law; and

859

(b) Will conduct Has obtained the necessary approvals for

860

conducting sample collection and analyses pursuant to department

861

rules.

862

(7) The contractor who is performing the majority of the

863

site rehabilitation program tasks pursuant to a brownfield site

864

rehabilitation agreement or supervising the performance of such

865

tasks by licensed subcontractors in accordance with the

866

provisions of s. 489.113(9) must certify to the department that

867

the contractor:

868

(a) Complies with applicable OSHA regulations.

869

(b) Maintains workers' compensation insurance for all

870

employees as required by the Florida Workers' Compensation Law.

871

872

limits of not less than $1 million per occurrence and $2 million

873

general aggregate for bodily injury and property damage and

874

comprehensive automobile liability coverage with limits of not

875

less than $1 million combined single limit. The contractor shall

876

also maintain pollution liability coverage with limits of not

877

less than $3 million aggregate for personal injury or death, $1

878

million per occurrence for personal injury or death, and $1

879

million per occurrence for property damage. The contractor's

880

certificate of insurance shall name the state as an additional

881

insured party.

882

(d) Maintains professional liability insurance of at least

883

$1 million per claim and $1 million annual aggregate.

884

(8) Any professional engineer or geologist providing

885

professional services relating to site rehabilitation program

886

tasks must carry professional liability insurance with a coverage

887

limit of at least $1 million.

888

(7)(9) During the cleanup process, if the department or

889

local program fails to complete review of a technical document

890

within the timeframe specified in the brownfield site

891

rehabilitation agreement, the person responsible for brownfield

892

site rehabilitation may proceed to the next site rehabilitation

893

task. However, the person responsible for brownfield site

894

rehabilitation does so at its own risk and may be required by the

895

department or local program to complete additional work on a

896

previous task. Exceptions to this subsection include requests for

897

"no further action," "monitoring only proposals," and feasibility

898

studies, which must be approved prior to implementation.

899

(8)(10) If the person responsible for brownfield site

900

rehabilitation fails to comply with the brownfield site

901

rehabilitation agreement, the department shall allow 90 days for

902

the person responsible for brownfield site rehabilitation to

903

return to compliance with the provision at issue or to negotiate

904

a modification to the brownfield site rehabilitation agreement

905

with the department for good cause shown. If an imminent hazard

906

exists, the 90-day grace period shall not apply. If the project

907

is not returned to compliance with the brownfield site

908

rehabilitation agreement and a modification cannot be negotiated,

909

the immunity provisions of s. 376.82 are revoked.

910

(9)(11) The department is specifically authorized and

911

encouraged to enter into delegation agreements with local

912

pollution control programs approved under s. 403.182 to

913

administer the brownfield program within their jurisdictions,

914

thereby maximizing the integration of this process with the other

915

local development processes needed to facilitate redevelopment of

916

a brownfield area. When determining whether a delegation pursuant

917

to this subsection of all or part of the brownfield program to a

918

local pollution control program is appropriate, the department

919

shall consider the following. The local pollution control program

920

must:

921

(a) Have and maintain the administrative organization,

922

staff, and financial and other resources to effectively and

923

efficiently implement and enforce the statutory requirements of

924

the delegated brownfield program; and

925

(b) Provide for the enforcement of the requirements of the

926

delegated brownfield program, and for notice and a right to

927

challenge governmental action, by appropriate administrative and

928

judicial process, which shall be specified in the delegation.

929

930

The local pollution control program shall not be delegated

931

authority to take action on or to make decisions regarding any

932

brownfield site on land owned by the local government. Any

933

delegation agreement entered into pursuant to this subsection

934

shall contain such terms and conditions necessary to ensure the

935

effective and efficient administration and enforcement of the

936

statutory requirements of the brownfield program as established

937

by the act and the relevant rules and other criteria of the

938

department.

939

(10)(12) Local governments are encouraged to use the full

940

range of economic and tax incentives available to facilitate and

941

promote the rehabilitation of brownfield areas, to help eliminate

942

the public health and environmental hazards, and to promote the

943

creation of jobs and economic development in these previously

944

run-down, blighted, and underutilized areas.

945

(11)(a) The Legislature finds and declares that:

946

1. Brownfield site rehabilitation and redevelopment can

947

improve the overall health of a community and the quality of life

948

for communities, including improved health and quality of life of

949

individuals living in such communities.

950

2. The community health benefits of brownfield site

951

rehabilitation and redevelopment should be better measured in

952

order to achieve the legislative intent as expressed in s.

953

376.78.

954

3. There is a need in this state to define and better

955

measure the community health benefits of brownfield site

956

rehabilitation and redevelopment.

957

4. Funding sources should be established to support efforts

958

by the state and local governments, in collaboration with local

959

health departments, community health providers, and nonprofit

960

organizations, to evaluate the community health benefits of

961

brownfield site rehabilitation and redevelopment.

962

(b) Local governments may and are encouraged to evaluate

963

the community health benefits and effects of brownfield site

964

rehabilitation and redevelopment in connection with brownfield

965

areas located within their jurisdictions. Factors that may be

966

evaluated and monitored before and after brownfield site

967

rehabilitation and redevelopment include, but are not limited to:

968

1. Health status, disease distribution, and quality of life

969

measures regarding populations living in or around brownfield

970

sites that have been rehabilitated and redeveloped.

971

2. Access to primary and other health care or health

972

services for persons living in or around brownfield sites that

973

have been rehabilitated and redeveloped.

974

3. Any new or increased access to open, green, park, or

975

other recreational spaces that provide recreational opportunities

976

for individuals living in or around brownfield sites that have

977

been rehabilitated and redeveloped.

978

4. Other factors described in rules adopted by the

979

Department of Environmental Protection or the Department of

980

Health, as applicable.

981

982

assist local governments, in collaboration with local health

983

departments, community health providers, and nonprofit

984

organizations, in evaluating the community health benefits of

985

brownfield site rehabilitation and redevelopment.

986

Section 7. Subsection (1), paragraphs (d) and (f) of

987

subsection (2), and subsection (3) of section 376.82, Florida

988

Statutes, are amended to read:

989

376.82 Eligibility criteria and liability protection.--

990

(1) ELIGIBILITY.--Any person who has not caused or

991

contributed to the contamination of a brownfield site on or after

992

July 1, 1997, is eligible to participate in the brownfield

993

program established in ss. 376.77-376.86 376.77-376.85, subject

994

to the following:

995

(a) Potential brownfield sites that are subject to an

996

ongoing formal judicial or administrative enforcement action or

997

corrective action pursuant to federal authority, including, but

998

not limited to, the Comprehensive Environmental Response

999

Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as

1000

amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f-300i, as

1001

amended; the Clean Water Act, 33 U.S.C. ss. 1251-1387, as

1002

amended; or under an order from the United States Environmental

1003

Protection Agency pursuant to 42 U.S.C. s. 6928(h) s. 3008(h) of

1004

the Resource Conservation and Recovery Act, as amended (42

1005

U.S.C.A. s. 6928(h)); or that have obtained or are required to

1006

obtain a permit for the operation of a hazardous waste treatment,

1007

storage, or disposal facility; a postclosure permit; or a permit

1008

pursuant to the federal Hazardous and Solid Waste Amendments of

1009

1984, are not eligible for participation unless specific

1010

exemptions are secured by a memorandum of agreement with the

1011

United States Environmental Protection Agency pursuant to

1012

paragraph (2)(g). A brownfield site within an eligible brownfield

1013

area that subsequently becomes subject to formal judicial or

1014

administrative enforcement action or corrective action under such

1015

federal authority shall have its eligibility revoked unless

1016

specific exemptions are secured by a memorandum of agreement with

1017

the United States Environmental Protection Agency pursuant to

1018

paragraph (2)(g).

1019

(b) Persons who have not caused or contributed to the

1020

contamination of a brownfield site on or after July 1, 1997, and

1021

who, prior to the department's approval of a brownfield site

1022

rehabilitation agreement, are subject to ongoing corrective

1023

action or enforcement under state authority established in this

1024

chapter or chapter 403, including those persons subject to a

1025

pending consent order with the state, are eligible for

1026

participation in a brownfield site rehabilitation agreement if:

1027

1. The proposed brownfield site is currently idle or

1028

underutilized as a result of the contamination, and participation

1029

in the brownfield program shall will immediately, after cleanup

1030

or sooner, result in increased economic productivity at the site,

1031

including at a minimum the creation of 10 new permanent jobs,

1032

whether full-time or part-time, which are not associated with

1033

implementation of the brownfield site rehabilitation agreement;

1034

and

1035

2. The person is complying in good faith with the terms of

1036

an existing consent order or department-approved corrective

1037

action plan, or responding in good faith to an enforcement

1038

action, as evidenced by a determination issued by the department

1039

or an approved local pollution control program.

1040

1041

local government which contain contamination for which a

1042

governmental entity is potentially responsible and which are

1043

already designated as federal brownfield pilot projects or have

1044

filed an application for designation to the United States

1045

Environmental Protection Agency are eligible for participation in

1046

a brownfield site rehabilitation agreement.

1047

(d) After July 1, 1997, petroleum and drycleaning

1048

contamination sites may shall not receive both restoration

1049

funding assistance available for the discharge under this chapter

1050

and any state assistance available under s. 288.107. Nothing in

1051

this act shall affect the cleanup criteria, priority ranking, and

1052

other rights and obligations inherent in petroleum contamination

1053

and drycleaning contamination site rehabilitation under ss.

1054

376.30-376.317, or the availability of economic incentives

1055

otherwise provided for by law.

1056

(2) LIABILITY PROTECTION.--

1057

(d) The liability protection provided under this section

1058

shall become effective upon execution of a brownfield site

1059

rehabilitation agreement and shall remain effective, provided the

1060

person responsible for brownfield site rehabilitation complies

1061

with the terms of the site rehabilitation agreement. Any statute

1062

of limitations that would bar the department from pursuing relief

1063

in accordance with its existing authority is tolled from the time

1064

the agreement is executed until site rehabilitation is completed

1065

or immunity is revoked pursuant to s. 376.80(8)(10).

1066

(f) Compliance with the agreement referenced in s.

1067

376.80(5)(i) must be evidenced as set forth in that paragraph by

1068

a finding by the local government with jurisdiction over the

1069

brownfield area that the terms of the agreement have been met.

1070

(3) REOPENERS.--Upon completion of site rehabilitation in

1071

compliance with ss. 376.77-376.86 376.77-376.85, no additional

1072

site rehabilitation is shall be required unless it is

1073

demonstrated:

1074

(a) That fraud was committed in demonstrating site

1075

conditions or completion of site rehabilitation;

1076

(b) That new information confirms the existence of an area

1077

of previously unknown contamination which exceeds the site-

1078

specific rehabilitation levels established in accordance with s.

1079

376.81, or which otherwise poses the threat of real and

1080

substantial harm to public health, safety, or the environment in

1081

violation of the terms of ss. 376.77-376.86 376.77-376.85;

1082

1083

rehabilitation criteria established under s. 376.81;

1084

(d) That the level of risk is increased beyond the

1085

acceptable risk established under s. 376.81 due to substantial

1086

changes in exposure conditions, such as a change in land use from

1087

nonresidential to residential use. Any person who changes the

1088

land use of the brownfield site thus causing the level of risk to

1089

increase beyond the acceptable risk level may be required by the

1090

department to undertake additional remediation measures to assure

1091

that human health, public safety, and the environment are

1092

protected to levels consistent with s. 376.81; or

1093

(e) That a new release occurs at the brownfield site

1094

subsequent to a determination of eligibility for participation in

1095

the brownfield program established under s. 376.80.

1096

Section 8. Subsection (1) of section 376.83, Florida

1097

Statutes, is amended to read:

1098

376.83 Violation; penalties.--

1099

(1) It is a violation of ss. 376.77-376.86 376.77-376.85,

1100

and it is prohibited for any person, to knowingly make any false

1101

statement, representation, or certification in any application,

1102

record, report, plan, or other document filed or required to be

1103

maintained, or to falsify, tamper with, or knowingly render

1104

inaccurate any monitoring device or method required to be

1105

maintained under ss. 376.77-376.86 376.77-376.85, or by any

1106

permit, rule, or order issued under this chapter or chapter 403.

1107

Section 9. Subsections (1) and (2) of section 376.86,

1108

Florida Statutes, are amended to read:

1109

376.86 Brownfield Areas Loan Guarantee Program.--

1110

(1) The Brownfield Areas Loan Guarantee Council is created

1111

to review and approve or deny, by a majority vote of its

1112

membership, the situations and circumstances for participation in

1113

partnerships by agreements with local governments, financial

1114

institutions, and others associated with the redevelopment of

1115

brownfield areas pursuant to the Brownfields Redevelopment Act

1116

for a limited state guaranty of up to 5 years of loan guarantees

1117

or loan loss reserves issued pursuant to law. The limited state

1118

loan guaranty applies only to 50 percent of the primary lenders

1119

loans for redevelopment projects in brownfield areas. If the

1120

redevelopment project is for affordable housing, as defined in s.

1121

420.0004(3), in a brownfield area, the limited state loan

1122

guaranty applies to 75 percent of the primary lender's loan. If

1123

the redevelopment project includes the construction and operation

1124

of a new health care facility or a health care provider, as

1125

defined in s. 408.032, s. 408.07, or s. 408.7056, on a brownfield

1126

site and the applicant has obtained documentation in accordance

1127

with s. 376.30781 indicating that the construction of the health

1128

care facility or health care provider by the applicant on the

1129

brownfield site has received a certificate of occupancy or a

1130

license or certificate has been issued for the operation of the

1131

health care facility or health care provider, the limited state

1132

loan guaranty applies to 75 percent of the primary lender's loan.

1133

A limited state guaranty of private loans or a loan loss reserve

1134

is authorized for lenders licensed to operate in the state upon a

1135

determination by the council that such an arrangement would be in

1136

the public interest and the likelihood of the success of the loan

1137

is great.

1138

(2) The council shall consist of the secretary of the

1139

Department of Environmental Protection or the secretary's

1140

designee, the secretary of the Department of Community Affairs or

1141

the secretary's designee, the State Surgeon General or the State

1142

Surgeon General's designee, the Executive Director of the State

1143

Board of Administration or the executive director's designee, the

1144

Executive Director of the Florida Housing Finance Corporation or

1145

the executive director's designee, and the Director of the

1146

Governor's Office of Tourism, Trade, and Economic Development or

1147

the director's designee. The chairperson of the council shall be

1148

the Director of the Governor's Office of Tourism, Trade, and

1149

Economic Development. Staff services for activities of the

1150

council shall be provided as needed by the member agencies.

1151

Section 10. Subsection (1) of section 163.3221, Florida

1152

Statutes, is amended to read:

1153

163.3221 Florida Local Government Development Agreement

1154

Act; definitions.--As used in ss. 163.3220-163.3243:

1155

(1) "Brownfield designation" means a resolution adopted by

1156

a local government pursuant to s. 376.80 the Brownfields

1157

Redevelopment Act, ss. 376.77-376.85.

1158

Section 11. This act shall take effect July 1, 2008.

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