CS/HB 527

1	A bill to be entitled
2	An act relating to brownfield site redevelopment; amending
3	s. 220.1845, F.S.; revising requirements for site
4	rehabilitation tax credits; expanding eligibility for site
5	rehabilitation tax credits; providing for application to
6	brownfield site redevelopment solid waste removal costs;
7	providing requirements and limitations; providing
8	definitions; providing for application to construction and
9	operation of new health care facilities or health care
10	providers on brownfield sites; providing requirements;
11	amending s. 376.30781, F.S.; revising provisions providing
12	tax credits for rehabilitation of certain contaminated
13	sites and brownfield sites; providing for application to
14	solid waste removal activities and site rehabilitation;
15	providing for granting tax credits to multiple applicants;
16	providing criteria for claiming costs for solid waste
17	removal; providing definitions; providing for application
18	to construction and operation of new health care
19	facilities or health care providers on brownfield sites;
20	providing requirements; revising criteria and requirements
21	for granting site rehabilitation tax credits; providing
22	criteria and requirements for granting solid waste removal
23	tax credits; revising criteria and requirements for
24	Department of Environmental Protection review of tax
25	credit applications; providing notice requirements for the
26	department in reviewing applications; increasing available
27	amounts eligible for tax credits; providing additional
28	limitations on tax credit awards for site rehabilitation
29	costs and solid waste removal costs; providing
30	construction of costs not eligible for tax credits;
31	providing requirements and procedures for allocating and
32	awarding certain ineligible or disputed costs; amending s.
33	376.79, F.S.; revising definitions relating to brownfield
34	redevelopment; conforming a cross-reference; amending s.
35	376.80, F.S.; revising the brownfield program
36	administration process; revising local government proposal
37	requirements; revising requirements for brownfield site
38	redevelopment agreements; deleting certain brownfield site
39	rehabilitation contractor certification requirements;
40	deleting a requirement that certain professionals carry
41	professional liability insurance; providing legislative
42	findings and declarations; authorizing local governments
43	to evaluate certain benefits and effects of brownfield
44	site redevelopment and rehabilitation; providing criteria;
45	authorizing the Department of Health to assist local
46	governments in such evaluations; amending s. 376.82, F.S.;
47	conforming references; amending s. 376.86, F.S.; providing
48	for limited application of Brownfield Areas Loan Guarantee
49	Program grants to construction and operation of new health
50	care facilities and health care providers; expanding
51	membership of the Brownfield Areas Loan Guarantee Council;
52	providing for retroactive application; providing an
53	effective date.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Paragraphs (a), (c), (g), and (i) of subsection
58	(1) and subsection (2) of section 220.1845, Florida Statutes,
59	are amended, and paragraphs (j) and (k) are added to subsection
60	(1) of that section, to read:
61	220.1845  Contaminated site rehabilitation tax credit.--
62	(1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
63	(a)  A credit in the amount of 50 percent of the costs of
64	voluntary cleanup activity that is integral to site
65	rehabilitation at the following sites is available against any
66	tax due for a taxable year under this chapter:
67	1.  A drycleaning-solvent-contaminated site eligible for
68	state-funded site rehabilitation under s. 376.3078(3);
69	2.  A drycleaning-solvent-contaminated site at which site
70	rehabilitation cleanup is undertaken by the real property owner
71	pursuant to s. 376.3078(11), if the real property owner is not
72	also, and has never been, the owner or operator of the
73	drycleaning facility where the contamination exists; or
74	3.  A brownfield site in a designated brownfield area under
75	s. 376.80.
76	(c)  If the credit granted under this section is not fully
77	used in any one year because of insufficient tax liability on
78	the part of the corporation, the unused amount may be carried
79	forward for up to a period not to exceed 5 years. The carryover
80	credit may be used in a subsequent year if when the tax imposed
81	by this chapter for that year exceeds the credit for which the
82	corporation is eligible in that year under this section after
83	applying the other credits and unused carryovers in the order
84	provided by s. 220.02(8). Five years after the date a credit is
85	granted under this section, such credit expires and may not be
86	used. However, If during the 5-year period the credit is
87	transferred, in whole or in part, pursuant to paragraph (g),
88	each transferee has 5 years after the date of transfer to use
89	its credit.
90	(g)1.  Tax credits that may be available under this section
91	to an entity eligible under s. 376.30781 may be transferred
92	after a merger or acquisition to the surviving or acquiring
93	entity and used in the same manner and with the same
94	limitations.
95	2.  The entity or its surviving or acquiring entity as
96	described in subparagraph 1., may transfer any unused credit in
97	whole or in units of at least no less than 25 percent of the
98	remaining credit. The entity acquiring such credit may use it in
99	the same manner and with the same limitation as described in
100	this section. Such transferred credits may not be transferred
101	again although they may succeed to a surviving or acquiring
102	entity subject to the same conditions and limitations as
103	described in this section.
104	3.  If In the event the credit provided for under this
105	section is reduced due to either as a result of a determination
106	by the Department of Environmental Protection or an examination
107	or audit by the Department of Revenue, the such tax deficiency
108	shall be recovered from the first entity, or the surviving or
109	acquiring entity that, to have claimed the such credit up to the
110	amount of credit taken. Any subsequent deficiencies shall be
111	assessed against the any entity acquiring and claiming the such
112	credit, or in the case of multiple succeeding entities in the
113	order of credit succession.
114	(i)  In order to encourage the construction of housing that
115	meets the definition of affordable provided in s. 420.0004(3),
116	an applicant for the tax credit may claim an additional 25
117	percent of the total site rehabilitation costs that are eligible
118	for tax credits under this section, not to exceed $500,000. In
119	order to receive this additional tax credit, the applicant must
120	provide a certification letter from the Florida Housing Finance
121	Corporation, the local housing authority, or other governmental
122	agency that is a party to the use agreement, indicating that the
123	construction on the brownfield site is complete, the brownfield
124	site has received a certificate of occupancy, and the brownfield
125	site has a properly recorded instrument that limits the use of
126	the property to housing that meets the definition of affordable
127	provided in s. 420.0004(3).
128	(j)  In order to encourage the redevelopment of a
129	brownfield site, as defined in the brownfield site
130	rehabilitation agreement, that is hindered by the presence of
131	solid waste, as defined in s. 403.703, a tax credit applicant,
132	or multiple tax credit applicants working jointly to clean up a
133	single brownfield site, may also claim costs required to address
134	solid waste removal as defined in this paragraph in accordance
135	with rules of the Department of Environmental Protection.
136	Multiple tax credit applicants shall be granted tax credits in
137	the same proportion as each applicant's contribution to payment
138	of solid waste removal costs. These costs are eligible for a tax
139	credit provided the applicant submits an affidavit stating that,
140	after consultation with appropriate local government officials
141	and the Department of Environmental Protection, to the best of
142	the applicant's knowledge according to such consultation and
143	available historical records, the brownfield site was never
144	operated as a permitted solid waste disposal area or was never
145	operated for monetary compensation and the applicant submits all
146	other documentation and certifications required by this section.
147	Under this section, wherever reference is made to "site
148	rehabilitation," the Department of Environmental Protection
149	shall instead consider whether or not the costs claimed are for
150	solid waste removal. Tax credit applications claiming costs
151	pursuant to this paragraph shall not be subject to the calendar-
152	year limitation and January 31 annual application deadline, and
153	the Department of Environmental Protection shall accept a one-
154	time application filed subsequent to the completion by the tax
155	credit applicant of the applicable requirements listed in this
156	section. A tax credit applicant may claim 50 percent of the cost
157	for solid waste removal, not to exceed $500,000, after the
158	applicant has determined solid waste removal is completed for
159	the brownfield site. A solid waste removal tax credit
160	application may be filed only once per brownfield site. For the
161	purposes of this section, the term:
162	1.  "Solid waste disposal area" means a landfill, dump, or
163	other area where solid waste has been disposed of.
164	2.  "Monetary compensation" means the fees that were
165	charged or the assessments that were levied for the disposal of
166	solid waste at a solid waste disposal area.
167	3.  "Solid waste removal" means removal of solid waste from
168	the land surface or excavation of solid waste from below the
169	land surface and removal of the solid waste from the brownfield
170	site. The term also includes:
171	a.  Transportation of solid waste to a licensed or exempt
172	solid waste management facility or to a temporary storage area.
173	b.  Sorting or screening of solid waste prior to removal
174	from the site.
175	c.  Deposition of solid waste at a permitted or exempt
176	solid waste management facility, whether the solid waste is
177	disposed of or recycled.
178	(k)  In order to encourage the construction and operation
179	of a new health care facility as defined in s. 408.032 or s.
180	408.07, or a health care provider as defined in s. 408.07 or s.
181	408.7056, on a brownfield site, an applicant for a tax credit
182	may claim an additional 25 percent of the total site
183	rehabilitation costs, not to exceed $500,000, if the applicant
184	meets the requirements of this paragraph. In order to receive
185	this additional tax credit, the applicant must provide
186	documentation indicating that the construction of the health
187	care facility or health care provider by the applicant on the
188	brownfield site has received a certificate of occupancy or a
189	license or certificate has been issued for the operation of the
190	health care facility or health care provider.
191	(2)  FILING REQUIREMENTS.--Any corporation that wishes to
192	obtain credit under this section must submit with its return a
193	tax credit certificate approving partial tax credits issued by
194	the Department of Environmental Protection under s. 376.30781.
195	Section 2.  Section 376.30781, Florida Statutes, is amended
196	to read:
197	376.30781  Partial Tax credits for rehabilitation of
198	drycleaning-solvent-contaminated sites and brownfield sites in
199	designated brownfield areas; application process; rulemaking
200	authority; revocation authority.--
201	(1)  The Legislature finds that:
202	(a)  To facilitate property transactions and economic
203	growth and development, it is in the state's interest of the
204	state to encourage the cleanup, at the earliest possible time,
205	of drycleaning-solvent-contaminated sites and brownfield sites
206	in designated brownfield areas.
207	(b)  It is the intent of the Legislature to encourage the
208	voluntary cleanup of drycleaning-solvent-contaminated sites and
209	brownfield sites in designated brownfield areas by providing a
210	partial tax credit for the restoration of such property in
211	specified circumstances.
212	(2)  Notwithstanding the requirements of subsection
213	paragraph (5)(a), tax credits allowed pursuant to s. 220.1845
214	are available for any site rehabilitation or solid waste removal
215	conducted during the calendar year in which the applicable
216	voluntary cleanup agreement or brownfield site rehabilitation
217	agreement is executed, even if the site rehabilitation or solid
218	waste removal is conducted prior to the execution of that
219	agreement or the designation of the brownfield area.
220	(3)(a)  A credit in the amount of 50 percent of the costs
221	of voluntary cleanup activity that is integral to site
222	rehabilitation at the following sites is allowed pursuant to s.
223	220.1845:
224	1.  A drycleaning-solvent-contaminated site eligible for
225	state-funded site rehabilitation under s. 376.3078(3);
226	2.  A drycleaning-solvent-contaminated site at which site
227	rehabilitation cleanup is undertaken by the real property owner
228	pursuant to s. 376.3078(11), if the real property owner is not
229	also, and has never been, the owner or operator of the
230	drycleaning facility where the contamination exists; or
231	3.  A brownfield site in a designated brownfield area under
232	s. 376.80.
233	(b)  A tax credit applicant, or multiple tax credit
234	applicants working jointly to clean up a single site, may not
235	receive be granted more than $500,000 per year in tax credits
236	for each site voluntarily rehabilitated. Multiple tax credit
237	applicants shall be granted tax credits in the same proportion
238	as each applicant's their contribution to payment of site
239	rehabilitation cleanup costs. Tax credits are available only for
240	site rehabilitation conducted during the calendar year for which
241	the tax credit application is submitted. For purposes of this
242	section, the term "integral to site rehabilitation" means work
243	that is necessary to implement the requirements of chapter 62-
244	785 or chapter 62-782, Florida Administrative Code.
245	(c)  In order to encourage completion of site
246	rehabilitation at contaminated sites that are being voluntarily
247	cleaned up and that are eligible for a tax credit under this
248	section, the tax credit applicant may claim an additional 25
249	percent of the total site rehabilitation cleanup costs, not to
250	exceed $500,000, in the final year of cleanup as evidenced by
251	the Department of Environmental Protection issuing a "No Further
252	Action" order for that site.
253	(d)  In order to encourage the construction of housing that
254	meets the definition of affordable provided in s. 420.0004(3),
255	an applicant for the tax credit may claim an additional 25
256	percent of the total site rehabilitation costs that are eligible
257	for tax credits under this section, not to exceed $500,000. In
258	order To receive this additional tax credit, the applicant must
259	provide a certification letter from the Florida Housing Finance
260	Corporation, the local housing authority, or other governmental
261	agency that is a party to the use agreement, indicating that the
262	construction on the brownfield site is complete, the brownfield
263	site has received a certificate of occupancy, and the brownfield
264	site has a properly recorded instrument that limits the use of
265	the property to housing that meets the definition of affordable
266	provided in s. 420.0004(3). Notwithstanding the limitation that
267	only one application may shall be submitted each year for each
268	site, an application for the additional credit provided for in
269	this paragraph shall be submitted after as soon as all
270	requirements to obtain the this additional tax credit have been
271	met.
272	(e)  In order Notwithstanding the restrictions in this
273	section that limit tax credit eligibility to costs that are
274	integral to site rehabilitation, to encourage the redevelopment
275	of a brownfield site, as defined in the brownfield site
276	rehabilitation agreement, properties in designated brownfield
277	areas that is are hindered by the presence of solid waste, as
278	defined in s. 403.703, costs related to solid waste removal may
279	also be claimed under this section. A tax credit applicant, or
280	multiple tax credit applicants working jointly to clean up a
281	single brownfield site, may also claim costs to address the
282	solid waste removal as defined in this paragraph, but only those
283	costs to remove, transport, and dispose of solid waste in
284	accordance with department rules. Multiple tax credit applicants
285	shall be granted tax credits in the same proportion as each
286	applicant's contribution to payment of solid waste removal
287	costs. These costs are eligible for a tax credit provided the
288	applicant submits an affidavit stating that, after consultation
289	with appropriate local government officials and the department,
290	to the best of the applicant's knowledge based upon such
291	consultation and available historical records, the brownfield
292	site was never operated as a permitted solid waste disposal area
293	or was never operated landfill or dump site for monetary
294	compensation, and the applicant submits all other documentation
295	and certifications required by this section. In this section,
296	where reference is made to "site rehabilitation," the department
297	shall instead consider whether the costs claimed are for solid
298	waste removal, transportation, and disposal of solid waste. Tax
299	credit applications claiming costs pursuant to this paragraph
300	shall not be subject to the calendar-year limitation and January
301	31 15 annual application deadline, and the department shall
302	accept a one-time application filed subsequent to the completion
303	by the tax credit applicant of the applicable requirements
304	listed in this subsection paragraph. A tax credit applicant may
305	claim 50 percent of the costs for solid waste removal, not to
306	exceed $500,000, after the applicant has determined solid waste
307	removal is completed for the brownfield site. A solid waste
308	removal tax credit application may be filed only once per
309	brownfield site. For the purposes of this section, the term:
310	1.  "Solid waste disposal area" means a landfill, dump, or
311	other area where solid waste has been disposed.
312	2.  "Monetary compensation" means the fees that were
313	charged or the assessments that were levied for the disposal of
314	solid waste at a solid waste disposal area.
315	3.  "Solid waste removal" means removal of solid waste from
316	the land surface or excavation of solid waste from below the
317	land surface and removal of the solid waste from the brownfield
318	site. The term also includes:
319	a.  Transportation of solid waste to a licensed or exempt
320	solid waste management facility or to a temporary storage area.
321	b.  Sorting or screening of solid waste prior to removal
322	from the site.
323	c.  Deposition of solid waste at a permitted or exempt
324	solid waste management facility, whether the solid waste is
325	disposed of or recycled.
326	(f)  In order to encourage the construction and operation
327	of a new health care facility or a health care provider, as
328	defined in s. 408.032, s. 408.07, or s. 408.7056, on a
329	brownfield site, an applicant for a tax credit may claim an
330	additional 25 percent of the total site rehabilitation costs,
331	not to exceed $500,000, if the applicant meets the requirements
332	of this paragraph. In order to receive this additional tax
333	credit, the applicant must provide documentation indicating that
334	the construction of the health care facility or health care
335	provider by the applicant on the brownfield site has received a
336	certificate of occupancy or a license or certificate has been
337	issued for the operation of the health care facility or health
338	care provider.
339	(4)  The Department of Environmental Protection is shall be
340	responsible for allocating the tax credits provided for in s.
341	220.1845, which may not to exceed a total of $2 million in tax
342	credits annually.
343	(5)  To claim the credit for site rehabilitation or solid
344	waste removal conducted during the current calendar year, each
345	tax credit applicant must apply to the Department of
346	Environmental Protection for an allocation of the $2 million
347	annual credit by filing a tax credit application with the
348	Division of Waste Management January 15 of the following year on
349	a form developed by the Department of Environmental Protection
350	in cooperation with the Department of Revenue. The form shall
351	include an affidavit from each tax credit applicant certifying
352	that all information contained in the application, including all
353	records of costs incurred and claimed in the tax credit
354	application, are true and correct. If the application is
355	submitted pursuant to subparagraph (3)(a)2., the form must
356	include an affidavit signed by the real property owner stating
357	that it is not, and has never been, the owner or operator of the
358	drycleaning facility where the contamination exists. Approval of
359	partial tax credits must be accomplished on a first-come, first-
360	served basis based upon the date and time complete applications
361	are received by the Division of Waste Management, subject to the
362	limitations of subsection (14). A tax credit applicant shall
363	submit only one complete application per site for each calendar
364	year's site rehabilitation costs. Incomplete placeholder
365	applications shall not be accepted and will not secure a place
366	in the first-come, first-served application line. To be eligible
367	for a tax credit, the tax credit applicant must:
368	(a)  For site rehabilitation tax credits, have entered into
369	a voluntary cleanup agreement with the Department of
370	Environmental Protection for a drycleaning-solvent-contaminated
371	site or a Brownfield Site Rehabilitation Agreement, as
372	applicable,; and have paid all deductibles pursuant to s.
373	376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
374	sites, as applicable. A site rehabilitation tax credit applicant
375	must submit only a single completed application per site for
376	each calendar year's site rehabilitation costs. A site
377	rehabilitation application must be received by the Division of
378	Waste Management of the Department of Environmental Protection
379	by January 31 of the year after the calendar year for which site
380	rehabilitation costs are being claimed in a tax credit
381	application.
382	(b)  For solid waste removal tax credits, have entered into
383	a brownfield site rehabilitation agreement with the Department
384	of Environmental Protection. A solid waste removal tax credit
385	applicant must submit only a single complete application per
386	brownfield site, as defined in the brownfield site
387	rehabilitation agreement, for solid waste removal costs. A solid
388	waste removal tax credit application must be received by the
389	Division of Waste Management of the Department of Environmental
390	Protection subsequent to the completion of the requirements
391	listed in paragraph (3)(e) Have paid all deductibles pursuant to
392	s. 376.3078(3)(e) for eligible drycleaning-solvent-cleanup
393	program sites.
394	(6)  To obtain the tax credit certificate, a tax credit
395	applicant must annually file an application for certification,
396	which must be received by the Division of Waste Management of
397	the Department of Environmental Protection by January 15 of the
398	year following the calendar year for which site rehabilitation
399	costs are being claimed in a tax credit application. the tax
400	credit applicant must provide all pertinent information
401	requested on the tax credit application form, including, at a
402	minimum, the name and address of the tax credit applicant and
403	the address and tracking identification number of the eligible
404	site. Along with the tax credit application form, the tax credit
405	applicant must submit the following:
406	(a)  A nonrefundable review fee of $250 made payable to the
407	Water Quality Assurance Trust Fund to cover the administrative
408	costs associated with the department's review of the tax credit
409	application;
410	(b)  Copies of documents that describe the goods or
411	services and associated costs being claimed that were integral
412	to site rehabilitation as defined in s. 376.301 or s. 376.79 or
413	were for solid waste removal as defined in this section during
414	the time period covered by the application. Such documents must
415	include contractual records that describe the scope of work
416	performed, payment requests that describe the goods or services
417	provided, and payment records involving actual costs incurred
418	and paid. Such documentation must be sufficient to demonstrate a
419	link between the contractual records, the payment requests, and
420	the payment records for the time period covered by the
421	application contracts and documentation of contract
422	negotiations, accounts, invoices, sales tickets, or other
423	payment records from purchases, sales, leases, or other
424	transactions involving actual costs incurred for that tax year
425	related to site rehabilitation, as that term is defined in ss.
426	376.301 and 376.79;
427	(c)  Proof that the documentation submitted pursuant to
428	paragraph (b) has been reviewed and verified by an independent
429	certified public accountant in accordance with standards
430	established by the American Institute of Certified Public
431	Accountants. Specifically, a certified public accountant's
432	report must be submitted and the certified public accountant
433	must attest to the accuracy and validity of the costs incurred
434	and paid during the time period covered in the application by
435	conducting an independent review of the data presented by the
436	tax credit applicant. Accuracy and validity of costs incurred
437	and paid shall would be determined after once the level of
438	effort is was certified by an appropriate professional
439	registered in this state in each contributing technical
440	discipline. The certified public accountant's report must would
441	also attest that the costs included in the application form are
442	not duplicated within the application. A copy of the
443	accountant's report shall be submitted to the Department of
444	Environmental Protection in addition to the accountant's
445	certification form in with the tax credit application; and
446	(d)  A certification form stating that site rehabilitation
447	activities associated with the documentation submitted pursuant
448	to paragraph (b) have been conducted under the observation of,
449	and related technical documents have been signed and sealed by,
450	an appropriate professional registered in this state in each
451	contributing technical discipline. The certification form shall
452	be signed and sealed by the appropriate registered professionals
453	stating that the costs incurred were integral, necessary, and
454	required for site rehabilitation, as that term is defined in ss.
455	376.301 and 376.79. If the scope of solid waste removal
456	activities does not require oversight by a registered technical
457	professional in this state, such certification form is not
458	required as part of the tax credit application.
459	(7)  The certified public accountant and appropriate
460	registered professionals submitting forms as part of a tax
461	credit application must verify such forms by completing and
462	signing the appropriate certifications included as part of the
463	application form. Verification shall must be accomplished as
464	provided in s. 92.525(1)(b) and subject to the provisions of s.
465	92.525(3).
466	(8)  The Department of Environmental Protection shall
467	review the tax credit application and any supplemental
468	documentation that the tax credit applicant may submit prior to
469	the annual application deadline, if applicable, for completeness
470	and eligibility, as follows:
471	(a)  To be In order to have the application considered
472	complete, the review must verify for the purpose of verifying
473	that the tax credit applicant has met the appropriate qualifying
474	criteria in subsections (3) and (5), and has submitted a
475	completed application form, and has addressed each of the
476	categories of submittals all required documentation listed in
477	subsection (6). Upon verification that the tax credit applicant
478	has met such completeness these requirements, the tax credit
479	application secures a place in the first-come, first-served
480	application line. If the department determines that an
481	application is incomplete, the department shall notify the
482	applicant in writing and the applicant shall have 30 days after
483	receiving such notification to correct any deficiency. Upon
484	timely correction of any deficiencies, the tax credit
485	application secures a place in the first-come, first-served
486	application line. Tax credit applications may not be altered to
487	claim additional costs during this time.
488	(b)  In order to have costs considered eligible, the review
489	of the complete application shall be performed to verify that
490	the work claimed was integral to site rehabilitation or was for
491	solid waste removal, that the work claimed was performed in the
492	applicable timeframe, and that the costs claimed were properly
493	documented. Upon verification, the department shall issue a
494	written decision granting eligibility for partial tax credits (a
495	tax credit certificate). Complete tax credit applications shall
496	be reviewed for eligible costs in conjunction with in the amount
497	of 50 percent of the total costs claimed, subject to the
498	$500,000 limitation, for the calendar year for which the tax
499	credit application is submitted based on the report of the
500	certified public accountant and the certifications from the
501	appropriate registered technical professionals, as applicable.
502	(9)  On or before May 1 March 31, the Department of
503	Environmental Protection shall inform each eligible tax credit
504	applicant that is subject to the January 31 annual application
505	deadline of the applicant's eligibility status and of the amount
506	of any its partial tax credit due. The department shall and
507	provide each eligible tax credit applicant with a tax credit
508	certificate that must be submitted with its tax return to the
509	Department of Revenue to claim the tax credit or be transferred
510	pursuant to s. 220.1845(1)(g)(h). The May 1 deadline for annual
511	site rehabilitation tax credit certificate awards shall not
512	apply to any tax credit application for which the department has
513	issued a notice of deficiency pursuant to subsection (8). The
514	department shall respond within 90 days after receiving a
515	response from the tax credit applicant to such a notice of
516	deficiency. Credits may will not result in the payment of
517	refunds if total credits exceed the amount of tax owed.
518	(10)  For solid waste removal, new health care facility or
519	health care provider, and affordable housing tax credit
520	applications, the Department of Environmental Protection shall
521	inform the applicant of the department's determination within 90
522	days after the application is deemed complete. Each eligible tax
523	credit applicant shall be informed of the amount of its tax
524	credit and provided with a tax credit certificate that must be
525	submitted with its tax return to the Department of Revenue to
526	claim the tax credit or be transferred pursuant to s.
527	220.1845(1)(g). Credits may not result in the payment of refunds
528	if total credits exceed the amount of tax owed.
529	(11)(10)  If a tax credit applicant does not receive a tax
530	credit allocation due to an exhaustion of the 2 million annual
531	tax credit authorization, such application will then be included
532	in the same first-come, first-served order in the next year's
533	annual tax credit allocation, if any, based on the prior year
534	application.
535	(12)(11)  The Department of Environmental Protection may
536	adopt rules to prescribe the necessary forms required to claim
537	tax credits under this section and to provide the administrative
538	guidelines and procedures required to administer this section.
539	(13)(12)  The Department of Environmental Protection may
540	revoke or modify any written decision granting eligibility for
541	partial tax credits under this section if it is discovered that
542	the tax credit applicant submitted any false statement,
543	representation, or certification in any application, record,
544	report, plan, or other document filed in an attempt to receive
545	partial tax credits under this section. The Department of
546	Environmental Protection shall immediately notify the Department
547	of Revenue of any revoked or modified orders affecting
548	previously granted partial tax credits. Additionally, the tax
549	credit applicant must notify the Department of Revenue of any
550	change in its tax credit claimed.
551	(14)(a)(13)  A tax credit applicant who receives state-
552	funded site rehabilitation under s. 376.3078(3) for
553	rehabilitation of a drycleaning-solvent-contaminated site is
554	ineligible to receive a tax credit under s. 220.1845 for costs
555	incurred by the tax credit applicant in conjunction with the
556	rehabilitation of that site during the same time period that
557	state-administered site rehabilitation was underway.
558	(b)  Tax credits for site rehabilitation awarded pursuant
559	to paragraphs (3)(b)-(d) and (f) are additive, but at no time
560	shall the total tax credit award for site rehabilitation exceed
561	100 percent of the costs incurred and paid by an applicant.
562	(c)  A single brownfield site may receive tax credits for
563	both eligible site rehabilitation costs and eligible solid waste
564	removal costs provided the costs for any given activity are not
565	claimed for both site rehabilitation and solid waste removal
566	such that the same costs are claimed twice.
567	(d)  For purposes of this subsection, costs incurred that
568	are not considered integral to site rehabilitation include, but
569	are not limited to, brownfield area designation costs and tax
570	credit application preparation and submittal costs.
571	(e)  If the department notifies an applicant pursuant to
572	subsection (9) that any claimed costs are ineligible, those
573	costs may not be allocated and applied to the annual tax credit
574	authorization, and any disputed costs may not delay the
575	application processing or award for subsequent eligible tax
576	credit applicants in the first-come, first-served application
577	line. However, if the department subsequently agrees to award
578	tax credits on any amount that was disputed, the department
579	shall do so based upon the first-come, first-served application
580	line determined by the applicant's original completeness date
581	and time, provided there is any tax credit authorization
582	available. If a tax credit applicant does not receive an award
583	for the disputed costs due to an exhaustion of the annual tax
584	credit authorization, such subsequent tax credit award shall be
585	included in the same first-come, first-served order in the next
586	year's annual tax credit allocation, if any, based upon the
587	applicant's original completeness date and time.
588	Section 3.  Subsections (6), (8), (10), (11), (12), and
589	(17) of section 376.79, Florida Statutes, are amended to read:
590	376.79  Definitions relating to Brownfields Redevelopment
591	Act.--As used in ss. 376.77-376.85, the term:
592	(6)  "Contaminated site" means any contiguous land,
593	sediment, surface water, or groundwater areas that contain
594	contaminants that may be harmful to human health or the
595	environment.
596	(8)  "Engineering controls" means modifications to a site
597	to reduce or eliminate the potential for exposure to chemicals
598	of concern from petroleum products, drycleaning solvents, or
599	other contaminants. Such modifications may include, but are not
600	limited to, physical or hydraulic control measures, capping,
601	point of use treatments, or slurry walls.
602	(10)  "Institutional controls" means the restriction on use
603	of or access to a site to eliminate or minimize exposure to
604	chemicals of concern from petroleum products, drycleaning
605	solvents, or other contaminants. Such restrictions may include,
606	but are not limited to, deed restrictions, restrictive
607	covenants, or conservation easements.
608	(11)  "Local pollution control program" means a local
609	pollution control program that has received delegated authority
610	from the Department of Environmental Protection under ss.
611	376.80(9)(11) and 403.182.
612	(12)  "Natural attenuation" means a verifiable approach to
613	site rehabilitation that which allows natural processes to
614	contain the spread of contamination and reduce the
615	concentrations of contaminants in contaminated groundwater and
616	soil. Natural attenuation processes may include sorption,
617	biodegradation, chemical reactions with subsurface materials,
618	diffusion, dispersion, and volatilization.
619	(17)  "Site rehabilitation" means the assessment of site
620	contamination and the remediation activities that reduce the
621	levels of contaminants at a site through accepted treatment
622	methods to meet the cleanup target levels established for that
623	site. For purposes of sites subject to the Resource Conservation
624	and Recovery Act, as amended, the term includes removal,
625	decontamination, and corrective action of releases of hazardous
626	substances.
627	Section 4.  Section 376.80, Florida Statutes, is amended to
628	read:
629	376.80  Brownfield program administration process.--
630	(1)  A local government with jurisdiction over the
631	brownfield area must notify the department of its decision to
632	designate a brownfield area for rehabilitation for the purposes
633	of ss. 376.77-376.86 376.77-376.85. The notification must
634	include a resolution, by the local government body, to which is
635	attached a map adequate to clearly delineate exactly which
636	parcels are to be included in the brownfield area or
637	alternatively a less-detailed map accompanied by a detailed
638	legal description of the brownfield area. If a property owner
639	within the area proposed for designation by the local government
640	requests in writing to have his or her property removed from the
641	proposed designation, the local government shall grant the
642	request. For municipalities, the governing body shall adopt the
643	resolution in accordance with the procedures outlined in s.
644	166.041, except that the notice for the public hearings on the
645	proposed resolution must be in the form established in s.
646	166.041(3)(c)2. For counties, the governing body shall adopt the
647	resolution in accordance with the procedures outlined in s.
648	125.66, except that the notice for the public hearings on the
649	proposed resolution shall be in the form established in s.
650	125.66(4)(b)2.
651	(2)(a)  If a local government proposes to designate a
652	brownfield area that is outside community redevelopment areas,
653	enterprise zones, empowerment zones, closed military bases, or
654	designated brownfield pilot project areas, the local government
655	shall adopt the resolution and must conduct the public hearings
656	in accordance with the requirements of subsection (1), except at
657	least one of the required public hearings shall be conducted as
658	close as reasonably practicable to hearing in the area to be
659	designated to provide an opportunity for public input on the
660	size of the area, the objectives for rehabilitation, job
661	opportunities and economic developments anticipated,
662	neighborhood residents' considerations, and other relevant local
663	concerns. Notice of the public hearing must be made in a
664	newspaper of general circulation in the area and the notice must
665	be at least 16 square inches in size, must be in ethnic
666	newspapers or local community bulletins, must be posted in the
667	affected area, and must be announced at a scheduled meeting of
668	the local governing body before the actual public hearing. In
669	determining the areas to be designated, the local government
670	must consider:
671	1.  Whether the brownfield area warrants economic
672	development and has a reasonable potential for such activities;
673	2.  Whether the proposed area to be designated represents a
674	reasonably focused approach and is not overly large in
675	geographic coverage;
676	3.  Whether the area has potential to interest the private
677	sector in participating in rehabilitation; and
678	4.  Whether the area contains sites or parts of sites
679	suitable for limited recreational open space, cultural, or
680	historical preservation purposes.
681	(b)  A local government shall designate a brownfield area
682	under the provisions of this act provided that:
683	1.  A person who owns or controls a potential brownfield
684	site is requesting the designation and has agreed to
685	rehabilitate and redevelop the brownfield site;
686	2.  The rehabilitation and redevelopment of the proposed
687	brownfield site will result in economic productivity of the
688	area, along with the creation of at least 5 new permanent jobs
689	at the brownfield site that which are full-time equivalent
690	positions not associated with the implementation of the
691	brownfield site rehabilitation agreement and that which are not
692	associated with redevelopment project demolition or construction
693	activities pursuant to the redevelopment of the proposed
694	brownfield site or area agreement required under paragraph
695	(5)(i). However, the job creation requirement shall not apply to
696	the rehabilitation and redevelopment of a brownfield site that
697	will provide affordable housing as defined in s. 420.0004(3) or
698	the creation of recreational areas, conservation areas, or
699	parks;
700	3.  The redevelopment of the proposed brownfield site is
701	consistent with the local comprehensive plan and is a
702	permittable use under the applicable local land development
703	regulations;
704	4.  Notice of the proposed rehabilitation of the brownfield
705	area has been provided to neighbors and nearby residents of the
706	proposed area to be designated, and the person proposing the
707	area for designation has afforded to those receiving notice the
708	opportunity for comments and suggestions about rehabilitation.
709	Notice pursuant to this subparagraph subsection must be made in
710	a newspaper of general circulation in the area, at least 16
711	square inches in size, and the notice must be posted in the
712	affected area; and
713	5.  The person proposing the area for designation has
714	provided reasonable assurance that he or she has sufficient
715	financial resources to implement and complete the rehabilitation
716	agreement and redevelopment of the brownfield site plan.
717	(c)  The designation of a brownfield area and the
718	identification of a person responsible for brownfield site
719	rehabilitation simply entitles the identified person to
720	negotiate a brownfield site rehabilitation agreement with the
721	department or approved local pollution control program.
722	(3)  When there is a person responsible for brownfield site
723	rehabilitation, the local government must notify the department
724	of the identity of that person. If the agency or person who will
725	be responsible for the coordination changes during the approval
726	process specified in subsections (4), (5), and (6), the
727	department or the affected approved local pollution control
728	program must notify the affected local government when the
729	change occurs.
730	(4)  Local governments or persons responsible for
731	rehabilitation and redevelopment of brownfield areas must
732	establish an advisory committee or use an existing advisory
733	committee that has formally expressed its intent to address
734	redevelopment of the specific brownfield area for the purpose of
735	improving public participation and receiving public comments on
736	rehabilitation and redevelopment of the brownfield area, future
737	land use, local employment opportunities, community safety, and
738	environmental justice. Such advisory committee should include
739	residents within or adjacent to the brownfield area, businesses
740	operating within the brownfield area, and others deemed
741	appropriate. The person responsible for brownfield site
742	rehabilitation must notify the advisory committee of the intent
743	to rehabilitate and redevelop the site before executing the
744	brownfield site rehabilitation agreement, and provide the
745	committee with a copy of the draft plan for site rehabilitation
746	which addresses elements required by subsection (5). This
747	includes disclosing potential reuse of the property as well as
748	site rehabilitation activities, if any, to be performed. The
749	advisory committee shall review any the proposed redevelopment
750	agreements prepared agreement required pursuant to paragraph
751	(5)(i) and provide comments, if appropriate, to the board of the
752	local government with jurisdiction over the brownfield area. The
753	advisory committee must receive a copy of the executed
754	brownfield site rehabilitation agreement. When the person
755	responsible for brownfield site rehabilitation submits a site
756	assessment report or the technical document containing the
757	proposed course of action following site assessment to the
758	department or the local pollution control program for review,
759	the person responsible for brownfield site rehabilitation must
760	hold a meeting or attend a regularly scheduled meeting to inform
761	the advisory committee of the findings and recommendations in
762	the site assessment report or the technical document containing
763	the proposed course of action following site assessment.
764	(5)  The person responsible for brownfield site
765	rehabilitation must enter into a brownfield site rehabilitation
766	agreement with the department or an approved local pollution
767	control program if actual contamination exists at the brownfield
768	site. The brownfield site rehabilitation agreement must include:
769	(a)  A brownfield site rehabilitation schedule, including
770	milestones for completion of site rehabilitation tasks and
771	submittal of technical reports and rehabilitation plans as
772	agreed upon by the parties to the agreement.;
773	(b)  A commitment to conduct site rehabilitation activities
774	under the observation of professional engineers or geologists
775	who are registered in accordance with the requirements of
776	chapter 471 or chapter 492, respectively. Submittals provided by
777	the person responsible for brownfield site rehabilitation must
778	be signed and sealed by a professional engineer registered under
779	chapter 471, or a professional geologist registered under
780	chapter 492, certifying that the submittal and associated work
781	comply with the law and rules of the department and those
782	governing the profession. In addition, upon completion of the
783	approved remedial action, the department shall require a
784	professional engineer registered under chapter 471 or a
785	professional geologist registered under chapter 492 to certify
786	that the corrective action was, to the best of his or her
787	knowledge, completed in substantial conformance with the plans
788	and specifications approved by the department.;
789	(c)  A commitment to conduct site rehabilitation in
790	accordance with department quality assurance rules.;
791	(d)  A commitment to conduct site rehabilitation consistent
792	with state, federal, and local laws and consistent with the
793	brownfield site contamination cleanup criteria in s. 376.81,
794	including any applicable requirements for risk-based corrective
795	action.;
796	(e)  Timeframes for the department's review of technical
797	reports and plans submitted in accordance with the agreement.
798	The department shall make every effort to adhere to established
799	agency goals for reasonable timeframes for review of such
800	documents.;
801	(f)  A commitment to secure site access for the department
802	or approved local pollution control program to all brownfield
803	sites within the eligible brownfield area for activities
804	associated with site rehabilitation.;
805	(g)  Other provisions that the person responsible for
806	brownfield site rehabilitation and the department agree upon,
807	that are consistent with ss. 376.77-376.86 376.77-376.85, and
808	that will improve or enhance the brownfield site rehabilitation
809	process.;
810	(h)  A commitment to consider appropriate pollution
811	prevention measures and to implement those that the person
812	responsible for brownfield site rehabilitation determines are
813	reasonable and cost-effective, taking into account the ultimate
814	use or uses of the brownfield site. Such measures may include
815	improved inventory or production controls and procedures for
816	preventing loss, spills, and leaks of hazardous waste and
817	materials, and include goals for the reduction of releases of
818	toxic materials.; and
819	(i)  Certification that an agreement exists between the
820	person responsible for brownfield site rehabilitation has
821	consulted with and the local government with jurisdiction over
822	the brownfield area about the proposed redevelopment of the
823	brownfield site, that the local government is in agreement with
824	or approves the proposed redevelopment, and that the proposed
825	redevelopment complies with applicable laws and requirements for
826	such redevelopment. Certification shall be accomplished by
827	referencing or providing a legally recorded or officially
828	approved land use or site plan, a development order or approval,
829	a building permit, or a similar official document issued by the
830	local government that reflects the local government's approval
831	of proposed redevelopment of the brownfield site; providing a
832	copy of the local government resolution designating the
833	brownfield area that contains the proposed redevelopment of the
834	brownfield site; or providing a letter from the local government
835	that describes the proposed redevelopment of the brownfield site
836	and expresses the local government's agreement with or approval
837	of the proposed redevelopment. Such agreement shall contain
838	terms for the redevelopment of the brownfield area.
839	(6)  Any contractor performing site rehabilitation program
840	tasks must demonstrate to the department that the contractor:
841	(a)  Meets all certification and license requirements
842	imposed by law; and
843	(b)  Will conduct Has obtained the necessary approvals for
844	conducting sample collection and analyses pursuant to department
845	rules.
846	(7)  The contractor who is performing the majority of the
847	site rehabilitation program tasks pursuant to a brownfield site
848	rehabilitation agreement or supervising the performance of such
849	tasks by licensed subcontractors in accordance with the
850	provisions of s. 489.113(9) must certify to the department that
851	the contractor:
852	(a)  Complies with applicable OSHA regulations.
853	(b)  Maintains workers' compensation insurance for all
854	employees as required by the Florida Workers' Compensation Law.
855	(c)  Maintains comprehensive general liability coverage
856	with limits of not less than $1 million per occurrence and $2
857	million general aggregate for bodily injury and property damage
858	and comprehensive automobile liability coverage with limits of
859	not less than $1 million combined single limit. The contractor
860	shall also maintain pollution liability coverage with limits of
861	not less than $3 million aggregate for personal injury or death,
862	$1 million per occurrence for personal injury or death, and $1
863	million per occurrence for property damage. The contractor's
864	certificate of insurance shall name the state as an additional
865	insured party.
866	(d)  Maintains professional liability insurance of at least
867	$1 million per claim and $1 million annual aggregate.
868	(8)  Any professional engineer or geologist providing
869	professional services relating to site rehabilitation program
870	tasks must carry professional liability insurance with a
871	coverage limit of at least $1 million.
872	(7)(9)  During the cleanup process, if the department or
873	local program fails to complete review of a technical document
874	within the timeframe specified in the brownfield site
875	rehabilitation agreement, the person responsible for brownfield
876	site rehabilitation may proceed to the next site rehabilitation
877	task. However, the person responsible for brownfield site
878	rehabilitation does so at its own risk and may be required by
879	the department or local program to complete additional work on a
880	previous task. Exceptions to this subsection include requests
881	for "no further action," "monitoring only proposals," and
882	feasibility studies, which must be approved prior to
883	implementation.
884	(8)(10)  If the person responsible for brownfield site
885	rehabilitation fails to comply with the brownfield site
886	rehabilitation agreement, the department shall allow 90 days for
887	the person responsible for brownfield site rehabilitation to
888	return to compliance with the provision at issue or to negotiate
889	a modification to the brownfield site rehabilitation agreement
890	with the department for good cause shown. If an imminent hazard
891	exists, the 90-day grace period shall not apply. If the project
892	is not returned to compliance with the brownfield site
893	rehabilitation agreement and a modification cannot be
894	negotiated, the immunity provisions of s. 376.82 are revoked.
895	(9)(11)  The department is specifically authorized and
896	encouraged to enter into delegation agreements with local
897	pollution control programs approved under s. 403.182 to
898	administer the brownfield program within their jurisdictions,
899	thereby maximizing the integration of this process with the
900	other local development processes needed to facilitate
901	redevelopment of a brownfield area. When determining whether a
902	delegation pursuant to this subsection of all or part of the
903	brownfield program to a local pollution control program is
904	appropriate, the department shall consider the following. The
905	local pollution control program must:
906	(a)  Have and maintain the administrative organization,
907	staff, and financial and other resources to effectively and
908	efficiently implement and enforce the statutory requirements of
909	the delegated brownfield program; and
910	(b)  Provide for the enforcement of the requirements of the
911	delegated brownfield program, and for notice and a right to
912	challenge governmental action, by appropriate administrative and
913	judicial process, which shall be specified in the delegation.
914
915	The local pollution control program shall not be delegated
916	authority to take action on or to make decisions regarding any
917	brownfield site on land owned by the local government. Any
918	delegation agreement entered into pursuant to this subsection
919	shall contain such terms and conditions necessary to ensure the
920	effective and efficient administration and enforcement of the
921	statutory requirements of the brownfield program as established
922	by the act and the relevant rules and other criteria of the
923	department.
924	(10)(12)  Local governments are encouraged to use the full
925	range of economic and tax incentives available to facilitate and
926	promote the rehabilitation of brownfield areas, to help
927	eliminate the public health and environmental hazards, and to
928	promote the creation of jobs and economic development in these
929	previously run-down, blighted, and underutilized areas.
930	(11)(a)  The Legislature finds and declares that:
931	1.  Brownfield site rehabilitation and redevelopment can
932	improve the overall health of a community and the quality of
933	life for communities, including for individuals living in such
934	communities.
935	2.  The community health benefits of brownfield site
936	rehabilitation and redevelopment should be better measured in
937	order to achieve the legislative intent as expressed in s.
938	376.78.
939	3.  There is a need in this state to define and better
940	measure the community health benefits of brownfield site
941	rehabilitation and redevelopment.
942	4.  Funding sources should be established to support
943	efforts by the state and local governments, in collaboration
944	with local health departments, community health providers, and
945	nonprofit organizations, to evaluate the community health
946	benefits of brownfield site rehabilitation and redevelopment.
947	(b)  Local governments may and are encouraged to evaluate
948	the community health benefits and effects of brownfield site
949	rehabilitation and redevelopment in connection with brownfield
950	areas located within their jurisdictions. Factors that may be
951	evaluated and monitored before and after brownfield site
952	rehabilitation and redevelopment include, but are not limited
953	to:
954	1.  Health status, disease distribution, and quality of
955	life measures regarding populations living in or around
956	brownfield sites that have been rehabilitated and redeveloped.
957	2.  Access to primary and other health care or health
958	services for persons living in or around brownfield sites that
959	have been rehabilitated and redeveloped.
960	3.  Any new or increased access to open, green, park, or
961	other recreational spaces that provide recreational
962	opportunities for individuals living in or around brownfield
963	sites that have been rehabilitated and redeveloped.
964	4.  Other factors described in rules adopted by the
965	Department of Environmental Protection or the Department of
966	Health, as applicable.
967	(c)  The Department of Health may and is encouraged to
968	assist local governments, in collaboration with local health
969	departments, community health providers, and nonprofit
970	organizations, in evaluating the community health benefits of
971	brownfield site rehabilitation and redevelopment.
972	Section 5.  Paragraphs (d) and (f) of subsection (2) of
973	section 376.82, Florida Statutes, are amended to read:
974	376.82  Eligibility criteria and liability protection.--
975	(2)  LIABILITY PROTECTION.--
976	(d)  The liability protection provided under this section
977	shall become effective upon execution of a brownfield site
978	rehabilitation agreement and shall remain effective, provided
979	the person responsible for brownfield site rehabilitation
980	complies with the terms of the site rehabilitation agreement.
981	Any statute of limitations that would bar the department from
982	pursuing relief in accordance with its existing authority is
983	tolled from the time the agreement is executed until site
984	rehabilitation is completed or immunity is revoked pursuant to
985	s. 376.80(8)(10).
986	(f)  Compliance with the agreement referenced in s.
987	376.80(5)(i) must be evidenced as set forth in that paragraph by
988	a finding by the local government with jurisdiction over the
989	brownfield area that the terms of the agreement have been met.
990	Section 6.  Subsections (1) and (2) of section 376.86,
991	Florida Statutes, are amended to read:
992	376.86  Brownfield Areas Loan Guarantee Program.--
993	(1)  The Brownfield Areas Loan Guarantee Council is created
994	to review and approve or deny, by a majority vote of its
995	membership, the situations and circumstances for participation
996	in partnerships by agreements with local governments, financial
997	institutions, and others associated with the redevelopment of
998	brownfield areas pursuant to the Brownfields Redevelopment Act
999	for a limited state guaranty of up to 5 years of loan guarantees
1000	or loan loss reserves issued pursuant to law. The limited state
1001	loan guaranty applies only to 50 percent of the primary lenders
1002	loans for redevelopment projects in brownfield areas. If the
1003	redevelopment project is for affordable housing, as defined in
1004	s. 420.0004(3), in a brownfield area, the limited state loan
1005	guaranty applies to 75 percent of the primary lender's loan. If
1006	the redevelopment project includes the construction and
1007	operation of a new health care facility or a health care
1008	provider, as defined in s. 408.032, s. 408.07, or s. 408.7056,
1009	on a brownfield site and the applicant has obtained
1010	documentation in accordance with s. 376.30781 indicating that
1011	the construction of the health care facility or health care
1012	provider by the applicant on the brownfield site has received a
1013	certificate of occupancy or a license or certificate has been
1014	issued for the operation of the health care facility or health
1015	care provider, the limited state loan guaranty applies to 75
1016	percent of the primary lender's loan. A limited state guaranty
1017	of private loans or a loan loss reserve is authorized for
1018	lenders licensed to operate in the state upon a determination by
1019	the council that such an arrangement would be in the public
1020	interest and the likelihood of the success of the loan is great.
1021	(2)  The council shall consist of the secretary of the
1022	Department of Environmental Protection or the secretary's
1023	designee, the secretary of the Department of Community Affairs
1024	or the secretary's designee, the State Surgeon General or the
1025	State Surgeon General's designee, the Executive Director of the
1026	State Board of Administration or the executive director's
1027	designee, the Executive Director of the Florida Housing Finance
1028	Corporation or the executive director's designee, and the
1029	Director of the Governor's Office of Tourism, Trade, and
1030	Economic Development or the director's designee. The chairperson
1031	of the council shall be the Director of the Governor's Office of
1032	Tourism, Trade, and Economic Development. Staff services for
1033	activities of the council shall be provided as needed by the
1034	member agencies.
1035	Section 7.  This act shall take effect upon becoming a law
1036	and shall operate retroactively to January 1, 2008.

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