Florida Senate - 2011 SB 842 By Senator Latvala 16-00723-11 2011842__ 1 A bill to be entitled 2 An act relating to tax credits for the rehabilitation 3 of contaminated sites; amending s. 220.1845, F.S.; 4 increasing the annual amount of tax credits available 5 for the rehabilitation of contaminated sites; amending 6 s. 376.30781, F.S.; increasing the annual amount of 7 tax credits available for the cleanup of sites 8 contaminated with drycleaning solvents and the cleanup 9 of certain brownfield sites; providing an effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (f) of subsection (2) of section 15 220.1845, Florida Statutes, is amended to read: 16 220.1845 Contaminated site rehabilitation tax credit.— 17 (2) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.— 18 (f) The total amount of the tax credits which may be 19 granted under this section is $4$2million annually. 20 Section 2. Subsections (4), (5), and (11) of section 21 376.30781, Florida Statutes, are amended to read: 22 376.30781 Tax credits for rehabilitation of drycleaning 23 solvent-contaminated sites and brownfield sites in designated 24 brownfield areas; application process; rulemaking authority; 25 revocation authority.— 26 (4) The Department of Environmental Protection is 27 responsible for allocating the tax credits provided for in s. 28 220.1845, which may not exceed a total of $4$2million in tax 29 credits annually. 30 (5) To claim the credit for site rehabilitation or solid 31 waste removal, each tax credit applicant must apply to the 32 Department of Environmental Protection for an allocation of the 33 $4$2million annual credit by filing a tax credit application 34 with the Division of Waste Management on a form developed by the 35 Department of Environmental Protection in cooperation with the 36 Department of Revenue. The form shall include an affidavit from 37 each tax credit applicant certifying that all information 38 contained in the application, including all records of costs 39 incurred and claimed in the tax credit application, are true and 40 correct. If the application is submitted pursuant to 41 subparagraph (3)(a)2., the form must include an affidavit signed 42 by the real property owner stating that it is not, and has never 43 been, the owner or operator of the drycleaning facility where 44 the contamination exists. Approval of tax credits must be 45 accomplished on a first-come, first-served basis based upon the 46 date and time complete applications are received by the Division 47 of Waste Management, subject to the limitations of subsection 48 (14). To be eligible for a tax credit, the tax credit applicant 49 must: 50 (a) For site rehabilitation tax credits, have entered into 51 a voluntary cleanup agreement with the Department of 52 Environmental Protection for a drycleaning-solvent-contaminated 53 site or a Brownfield Site Rehabilitation Agreement, as 54 applicable, and have paid all deductibles pursuant to s. 55 376.3078(3)(e) for eligible drycleaning-solvent-cleanup program 56 sites, as applicable. A site rehabilitation tax credit applicant 57 must submit only a single completed application per site for 58 each calendar year’s site rehabilitation costs. A site 59 rehabilitation application must be received by the Division of 60 Waste Management of the Department of Environmental Protection 61 by January 31 of the year after the calendar year for which site 62 rehabilitation costs are being claimed in a tax credit 63 application. All site rehabilitation costs claimed must have 64 been for work conducted between January 1 and December 31 of the 65 year for which the application is being submitted. All payment 66 requests must have been received and all costs must have been 67 paid prior to submittal of the tax credit application, but no 68 later than January 31 of the year after the calendar year for 69 which site rehabilitation costs are being claimed. 70 (b) For solid waste removal tax credits, have entered into 71 a brownfield site rehabilitation agreement with the Department 72 of Environmental Protection. A solid waste removal tax credit 73 applicant must submit only a single complete application per 74 brownfield site, as defined in the brownfield site 75 rehabilitation agreement, for solid waste removal costs. A solid 76 waste removal tax credit application must be received by the 77 Division of Waste Management of the Department of Environmental 78 Protection subsequent to the completion of the requirements 79 listed in paragraph (3)(e). 80 (11) If a tax credit applicant does not receive a tax 81 credit allocation due to an exhaustion of the $42million 82 annual tax credit authorization, such application will then be 83 included in the same first-come, first-served order in the next 84 year’s annual tax credit allocation, if any, based on the prior 85 year application. 86 Section 3. This act shall take effect July 1, 2011.