Florida Senate - 2010                       CS for CS for SB 544
       
       
       
       By the Committees on Commerce; and Environmental Preservation
       and Conservation; and Senator Constantine
       
       
       
       577-04827-10                                           2010544c2
    1                        A bill to be entitled                      
    2         An act relating to brownfield development; amending s.
    3         220.1845, F.S.; providing requirements for claiming
    4         certain site rehabilitation costs in an application
    5         for a contaminated site rehabilitation tax credit;
    6         amending s. 376.30781, F.S.; providing requirements
    7         for claiming certain site rehabilitation costs in an
    8         application for a contaminated site rehabilitation tax
    9         credit; amending s. 376.85, F.S.; specifying
   10         additional requirements for the Department of
   11         Environmental Protection in its annual report to the
   12         Legislature regarding site rehabilitation; amending s.
   13         403.1835, F.S.; specifying criteria for prioritizing
   14         certain brownfield site projects that eliminate public
   15         health hazards; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (4) is added to section 220.1845,
   20  Florida Statutes, to read:
   21         220.1845 Contaminated site rehabilitation tax credit.—
   22         (4) APPLICATION FOR CREDIT.—As provided in s. 376.30781(2),
   23  and notwithstanding any other provision of this section, any tax
   24  credit application may claim annual site rehabilitation costs
   25  pursuant to this section or s. 376.30781 for site rehabilitation
   26  costs incurred in the calendar year prior to submission of the
   27  application, provided such costs are paid in the calendar year
   28  in which the site rehabilitation activities were performed or
   29  were paid prior to the submission of the application by January
   30  31 of the year in which the application is submitted.
   31         Section 2. Subsection (2) of section 376.30781, Florida
   32  Statutes, is amended to read:
   33         376.30781 Tax credits for rehabilitation of drycleaning
   34  solvent-contaminated sites and brownfield sites in designated
   35  brownfield areas; application process; rulemaking authority;
   36  revocation authority.—
   37         (2) Notwithstanding the requirements of subsection (5), tax
   38  credits allowed pursuant to s. 220.1845 are available for site
   39  rehabilitation or solid waste removal conducted during the
   40  calendar year in which the applicable voluntary cleanup
   41  agreement or brownfield site rehabilitation agreement is
   42  executed, even if the site rehabilitation or solid waste removal
   43  is conducted prior to the execution of that agreement or the
   44  designation of the brownfield area. Notwithstanding any other
   45  provision of this section, any tax credit application claiming
   46  annual brownfield site rehabilitation costs pursuant to this
   47  section for such costs incurred in the calendar year prior to
   48  submission of the application may claim such costs in the
   49  application, provided such costs are paid in the calendar year
   50  in which the brownfield site rehabilitation activities were
   51  performed or were paid prior to the submission of the
   52  application by January 31 of the year in which the application
   53  is submitted.
   54         Section 3. Section 376.85, Florida statutes, is amended to
   55  read:
   56         376.85 Annual report.—The Department of Environmental
   57  Protection shall prepare and submit an annual report to the
   58  President of the Senate and the Speaker of the House of
   59  Representatives by August 1 of each year Legislature, beginning
   60  in December 1998, which shall include, but is not be limited to,
   61  the number, size, and locations of brownfield sites: that have
   62  been remediated under the provisions of this act,; that are
   63  currently under rehabilitation pursuant to a negotiated site
   64  rehabilitation agreement with the department or a delegated
   65  local program,; where alternative cleanup target levels have
   66  been established pursuant to s. 376.81(1)(g)3.,; and, where
   67  engineering and institutional control strategies are being
   68  employed as conditions of a “no further action order” to
   69  maintain the protections provided in s. 376.81(1)(g)1. and 2.
   70  Based upon such information, the report shall also include
   71  recommendations for potential improvements to the brownfield
   72  program established under ss. 376.77-376.86 in order to achieve
   73  the legislative intent and goals and objectives set forth in s.
   74  376.78.
   75         Section 4. Subsection (7) of section 403.1835, Florida
   76  Statutes, is amended to read:
   77         403.1835 Water pollution control financial assistance.—
   78         (7) Eligible projects must be given priority according to
   79  the extent each project is intended to remove, mitigate, or
   80  prevent adverse effects on surface or ground water quality and
   81  public health. The relative costs of achieving environmental and
   82  public health benefits must be taken into consideration during
   83  the department’s assignment of project priorities. The
   84  department shall adopt a priority system by rule. In developing
   85  the priority system, the department shall give priority to
   86  projects that:
   87         (a) Eliminate public health hazards;
   88         (b) Enable compliance with laws requiring the elimination
   89  of discharges to specific water bodies, including the
   90  requirements of s. 403.086(9) regarding domestic wastewater
   91  ocean outfalls;
   92         (c) Assist in the implementation of total maximum daily
   93  loads adopted under s. 403.067;
   94         (d) Enable compliance with other pollution control
   95  requirements, including, but not limited to, toxics control,
   96  wastewater residuals management, and reduction of nutrients and
   97  bacteria;
   98         (e) Assist in the implementation of surface water
   99  improvement and management plans and pollutant load reduction
  100  goals developed under state water policy;
  101         (f) Promote reclaimed water reuse;
  102         (g) Eliminate failing onsite sewage treatment and disposal
  103  systems or those that are causing environmental damage; or
  104         (h) Reduce pollutants to and otherwise promote the
  105  restoration of Florida’s surface and ground waters.
  106  
  107  Eligible projects located within a brownfield site addressed by
  108  a brownfield site rehabilitation agreement under s. 376.80 which
  109  remove, mitigate, or prevent adverse effects on surface or
  110  groundwater quality and public health shall be prioritized
  111  according to paragraphs (a)-(h).
  112         Section 5. This act shall take effect July 1, 2010.