Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 736
Ì282782=Î282782
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/11/2025 .
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The Committee on Environment and Natural Resources (Truenow)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (5) and (6) of section 376.303,
6 Florida Statutes, are amended to read:
7 376.303 Powers and duties of the Department of
8 Environmental Protection.—
9 (5) MAPPING.—If an institutional control is implemented at
10 any contaminated site in a brownfield area designated pursuant
11 to s. 376.80, the property owner must provide information
12 regarding the institutional control to the local government for
13 mapping purposes. The local government must then note the
14 existence of the institutional control on any relevant local
15 land use and zoning maps with a cross-reference to the
16 department’s site registry developed pursuant to subsection (6).
17 If the type of institutional control used requires recording
18 with the local government, then the map notation shall also
19 provide a cross-reference to the book and page number where
20 recorded. When a local government is provided with evidence that
21 the department has subsequently issued a no further action order
22 without institutional controls for a site currently noted on
23 such maps, the local government shall remove the notation.
24 (6) REGISTRY.—The department shall prepare and maintain a
25 registry of all contaminated sites located in a brownfield area
26 designated pursuant to s. 376.80, which are subject to
27 institutional and engineering controls, in order to provide a
28 mechanism for the public and local governments to monitor the
29 status of these controls, monitor the department’s short-term
30 and long-term protection of human health and the environment in
31 relation to these sites, and evaluate economic revitalization
32 efforts in these areas. At a minimum, the registry must shall
33 include the type of institutional or engineering controls
34 employed at a particular site, types of contaminants and
35 affected media, land use limitations, and the county in which
36 the site is located. Sites listed on the registry at which the
37 department has subsequently issued a site rehabilitation
38 completion no further action order without institutional
39 controls must shall be removed from the registry. The department
40 shall make the registry available to the public and local
41 governments within 1 year after the effective date of this act.
42 The department shall provide local governments with actual
43 notice when the registry becomes available. Local zoning and
44 planning offices shall post information on how to access the
45 registry in public view.
46 Section 2. Paragraphs (c), (d), and (e) of subsection (3)
47 and subsection (9) of section 376.30781, Florida Statutes, are
48 amended to read:
49 376.30781 Tax credits for rehabilitation of drycleaning
50 solvent-contaminated sites and brownfield sites in designated
51 brownfield areas; application process; rulemaking authority;
52 revocation authority.—
53 (3)
54 (c) In order to encourage completion of site rehabilitation
55 at contaminated sites that are being voluntarily cleaned up and
56 that are eligible for a tax credit under this section, the tax
57 credit applicant may claim an additional 25 percent of the total
58 site rehabilitation costs, not to exceed $500,000, if the
59 Department of Environmental Protection has approved the
60 applicant’s annual site rehabilitation application and has
61 issued a site rehabilitation completion in the final year of
62 cleanup as evidenced by the Department of Environmental
63 Protection issuing a “No Further Action” order for that site.
64 The tax credit applicant must submit the claim for the
65 additional 25 percent within 2 years after receipt of the site
66 rehabilitation completion order for that site.
67 (d) In order to encourage the construction of housing that
68 meets the definition of affordable provided in s. 420.0004, an
69 applicant for the tax credit may claim an additional 25 percent
70 of the total site rehabilitation costs that are eligible for tax
71 credits under this section, not to exceed $500,000. To receive
72 this additional tax credit, the applicant must provide a
73 certification letter from the Florida Housing Finance
74 Corporation, the local housing authority, or other governmental
75 agency that is a party to the use agreement indicating that the
76 construction on the brownfield site has received a certificate
77 of occupancy and the brownfield site has a properly recorded
78 instrument that limits the use of the property to housing.
79 Notwithstanding that only one application may be submitted each
80 year for each site, an application for the additional credit
81 provided for in this paragraph must shall be submitted after all
82 requirements to obtain the additional tax credit have been met.
83 (e) In order to encourage the redevelopment of a brownfield
84 site, as defined in the brownfield site rehabilitation
85 agreement, that is hindered by the presence of solid waste, as
86 defined in s. 403.703, costs related to solid waste removal may
87 also be claimed under this section. A tax credit applicant, or
88 multiple tax credit applicants working jointly to clean up a
89 single brownfield site, may also claim costs to address the
90 solid waste removal as defined in this paragraph in accordance
91 with department rules. Multiple tax credit applicants shall be
92 granted tax credits in the same proportion as each applicant’s
93 contribution to payment of solid waste removal costs. These
94 costs are eligible for a tax credit provided that the applicant
95 meets the eligibility requirements of s. 376.82(1) and that
96 submits an affidavit stating that, after consultation with
97 appropriate local government officials and the department, to
98 the best of the applicant’s knowledge based upon such
99 consultation and available historical records, the brownfield
100 site was never operated as a permitted solid waste disposal area
101 as regulated pursuant to s. 403.704 or was never operated for
102 monetary compensation, and the applicant submits all other
103 documentation and certifications required by this section. In
104 this section, where reference is made to “site rehabilitation,”
105 the department shall instead consider whether the costs claimed
106 are for solid waste removal. Tax credit applications claiming
107 costs pursuant to this paragraph are shall not be subject to the
108 calendar-year limitation and January 31 annual application
109 deadline, and the department shall accept a one-time application
110 filed subsequent to the completion by the tax credit applicant
111 of the applicable requirements listed in this subsection. A tax
112 credit applicant may claim 50 percent of the costs for solid
113 waste removal, not to exceed $500,000, after the applicant has
114 determined solid waste removal is completed for the brownfield
115 site. A solid waste removal tax credit application may be filed
116 only once per brownfield site. For the purposes of this section,
117 the term:
118 1. “Solid waste disposal area” means a landfill, dump, or
119 other area where solid waste has been disposed.
120 2. “Monetary compensation” means the fees that were charged
121 or the assessments that were levied for the disposal of solid
122 waste at a solid waste disposal area.
123 3. “Solid waste removal” means removal of solid waste from
124 the land surface or excavation of solid waste from below the
125 land surface and removal of the solid waste from the brownfield
126 site. The term also includes:
127 a. Transportation of solid waste to a licensed or exempt
128 solid waste management facility or to a temporary storage area.
129 b. Sorting or screening of solid waste prior to removal
130 from the site.
131 c. Deposition of solid waste at a permitted or exempt solid
132 waste management facility, whether the solid waste is disposed
133 of or recycled.
134 (9) On or before June May 1, the Department of
135 Environmental Protection shall inform each tax credit applicant
136 that is subject to the January 31 annual application deadline of
137 the applicant’s eligibility status and the amount of any tax
138 credit due. The department shall provide each eligible tax
139 credit applicant with a tax credit certificate that must be
140 submitted with its tax return to the Department of Revenue to
141 claim the tax credit or be transferred pursuant to s.
142 220.1845(2)(g). The June May 1 deadline for annual site
143 rehabilitation tax credit certificate awards does shall not
144 apply to any tax credit application for which the department has
145 issued a notice of deficiency pursuant to subsection (8). The
146 department shall respond within 120 90 days after receiving a
147 response from the tax credit applicant to such a notice of
148 deficiency. Credits may not result in the payment of refunds if
149 total credits exceed the amount of tax owed.
150 Section 3. Subsection (1) of section 376.78, Florida
151 Statutes, is amended to read:
152 376.78 Legislative intent.—The Legislature finds and
153 declares the following:
154 (1) The reduction of public health and environmental
155 hazards on existing commercial and industrial sites proposed to
156 be rehabilitated and redeveloped is vital to their use and reuse
157 as sources of employment, housing, recreation, and open space
158 areas. The reuse of such sites industrial land is an important
159 component of sound land use policy for productive urban purposes
160 which will help prevent the premature development of farmland,
161 open space areas, and natural areas, and reduce public costs for
162 installing new water, sewer, and highway infrastructure.
163 Section 4. Present subsections (6) through (21) of section
164 376.79, Florida Statutes, are redesignated as subsections (7)
165 through (22), respectively, a new subsection (6) is added to
166 that section, and subsections (4) and (5) of that section are
167 amended, to read:
168 376.79 Definitions relating to Brownfields Redevelopment
169 Act.—As used in ss. 376.77-376.85, the term:
170 (4) “Brownfield sites” means any real property, the
171 expansion, redevelopment, or reuse of which may be complicated
172 by actual or perceived environmental contamination and which has
173 not yet been entered into a brownfield site rehabilitation
174 agreement pursuant to s. 376.80(5).
175 (5) “Brownfield area” means a contiguous area of one or
176 more brownfields brownfield sites, some of which may not be
177 contaminated, and which has been designated by a local
178 government by resolution. Such areas may include all or portions
179 of community redevelopment areas, enterprise zones, empowerment
180 zones, other such designated economically deprived communities
181 and areas, and United States Environmental Protection Agency
182 designated brownfield pilot projects.
183 (6) “Brownfield site” means the real property identified in
184 a brownfield site rehabilitation agreement executed by the
185 person responsible for brownfield site rehabilitation of the
186 property and the department or a delegated local pollution
187 control program, as applicable.
188 Section 5. Present subsection (3) of section 376.81,
189 Florida Statutes, is redesignated as subsection (4), a new
190 subsection (3) is added to that section, and present subsection
191 (3) of that section is amended, to read:
192 376.81 Brownfield site and brownfield areas contamination
193 cleanup criteria.—
194 (3)(a) The Legislature finds that rehabilitation and
195 redevelopment of a potential brownfield site that is a portion
196 of a larger contaminated site are significantly complicated when
197 multiple parties may own, lease, or operate different portions
198 of the contaminated site. The Legislature further finds that
199 delaying a person’s ability to achieve a “No Further Action”
200 status for a potential brownfield site until such time as the
201 owners, lessees, or operators of all other portions of the
202 larger historical contaminated site have completed site
203 rehabilitation on their respective portions is not in the
204 public’s interest, as such delay disincentivizes rehabilitation
205 and redevelopment of the potential brownfield site by imposing
206 unnecessary legal burdens, technical obstacles, and financial
207 costs.
208 (b) Therefore, the Legislature finds that it is in the
209 public interest to remove any such barriers to the
210 rehabilitation and redevelopment of property by providing a
211 clear path to obtaining a “No Further Action” status in cases
212 where a potential brownfield site is only a portion of a larger
213 contaminated site.
214 (c) If the person responsible for a brownfield site
215 rehabilitation demonstrates compliance with the applicable
216 contamination cleanup criteria described in subsection (1), and
217 the brownfield site is only a portion of a larger contaminated
218 site, the department or any delegated local pollution control
219 program under s. 376.80(9) may not:
220 1. Deny a “No Further Action” status for the brownfield
221 site; or
222 2. Refuse to issue a site rehabilitation completion order
223 for the brownfield site, regardless of whether it has
224 engineering and institutional controls. This subparagraph
225 applies even where similar contamination exists elsewhere on the
226 contaminated site which was the result of similar or related
227 activities or operations that occurred both on the contaminated
228 site and the brownfield site, provided that all soil and
229 groundwater contamination emanating from the brownfield site is
230 adequately addressed pursuant to chapter 62-780, Florida
231 Administrative Code.
232 (d) This subsection applies to all brownfield sites,
233 irrespective of the effective date of the brownfield site
234 rehabilitation agreement.
235 (4)(3) The cleanup criteria described in this section
236 govern only site rehabilitation activities occurring at the
237 brownfield contaminated site. Removal of contaminated media from
238 a site for offsite relocation or treatment must be in accordance
239 with all applicable federal, state, and local laws and
240 regulations.
241 Section 6. Paragraphs (a) and (b) of subsection (1) and
242 paragraphs (e) and (g) of subsection (2) of section 376.82,
243 Florida Statutes, are amended to read:
244 376.82 Eligibility criteria and liability protection.—
245 (1) ELIGIBILITY.—
246 (a) All of the following persons are eligible to
247 participate in the brownfield program established in ss. 376.77
248 376.85:
249 1. Notwithstanding subparagraph 2., a any person who has
250 not caused or contributed to the contamination of a brownfield
251 site on or after July 1, 1997.
252 2. A local governmental entity, including any other person
253 who may be organized or united with the local governmental
254 entity for a business purpose, if such entity or person did not
255 cause or contribute to the contamination of a brownfield site on
256 or after July 1, 2025.
257 (b) A person eligible to participate in the brownfield
258 program pursuant to paragraph (a) is, is eligible to participate
259 in the brownfield program established in ss. 376.77-376.85,
260 subject to the following:
261 1.(a) Potential brownfield sites that are subject to an
262 ongoing formal judicial or administrative enforcement action or
263 corrective action pursuant to federal authority, including, but
264 not limited to, the Comprehensive Environmental Response
265 Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as
266 amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f-300i,
267 as amended; the Clean Water Act, 33 U.S.C. ss. 1251-1387, as
268 amended; or under an order from the United States Environmental
269 Protection Agency pursuant to s. 3008(h) of the Resource
270 Conservation and Recovery Act, as amended (42 U.S.C.A. s.
271 6928(h)); or that have obtained or are required to obtain a
272 permit for the operation of a hazardous waste treatment,
273 storage, or disposal facility; a post-closure postclosure
274 permit; or a permit pursuant to the federal Hazardous and Solid
275 Waste Amendments of 1984, are not eligible for participation in
276 the brownfield program established in ss. 376.77-376.85 unless,
277 pursuant to paragraph (2)(g), specific exemptions are secured by
278 a memorandum of agreement with the United States Environmental
279 Protection Agency issues a letter stating it has no objection to
280 such participation and the department issues a letter of
281 concurrence pursuant to paragraph (2)(g). A brownfield site
282 within an eligible brownfield area that subsequently becomes
283 subject to formal judicial or administrative enforcement action
284 or corrective action under such federal authority shall have its
285 eligibility revoked unless, specific exemptions are secured by a
286 memorandum of agreement with the United States Environmental
287 Protection Agency pursuant to paragraph (2)(g), the United
288 States Environmental Protection Agency issues a letter stating
289 it has no objection to such participation and the department
290 issues a letter of concurrence.
291 2.(b) A person who is eligible to participate in the
292 brownfield program pursuant to paragraph (a) Persons who have
293 not caused or contributed to the contamination of a brownfield
294 site on or after July 1, 1997, and who, before prior to the
295 department’s approval of a brownfield site rehabilitation
296 agreement, is are subject to ongoing corrective action or
297 enforcement under state authority established in this chapter or
298 chapter 403, including those persons subject to a pending
299 consent order with the state, is are eligible for participation
300 in a brownfield site rehabilitation agreement if:
301 a.1. The proposed brownfield site is currently idle or
302 underutilized as a result of the contamination, and
303 participation in the brownfield program will immediately, after
304 cleanup or sooner, result in increased economic productivity at
305 the site, including at a minimum the creation of 10 new
306 permanent jobs, whether full-time or part-time, which are not
307 associated with implementation of the brownfield site
308 rehabilitation agreement. However, the job creation requirement
309 does not apply to the rehabilitation and redevelopment of a
310 brownfield site that will provide housing that is affordable as
311 defined in s. 420.0004; create recreational areas, conservation
312 areas, or parks; or be maintained for cultural or historical
313 preservation purposes; and
314 b.2. The person is complying in good faith with the terms
315 of an existing consent order or department-approved corrective
316 action plan, or responding in good faith to an enforcement
317 action, as evidenced by a determination issued by the department
318 or an approved local pollution control program.
319 (2) LIABILITY PROTECTION.—
320 (e) Completion of the performance of the remediation
321 obligations at the brownfield site shall be evidenced by a site
322 rehabilitation completion order letter or a “no further action”
323 letter issued by the department or the approved local pollution
324 control program, which letter shall include the following
325 statement: “Based upon the information provided by (property
326 owner) concerning property located at (address), it is the
327 opinion of (the Florida Department of Environmental Protection
328 or approved local pollution control program) that (party) has
329 successfully and satisfactorily implemented the approved
330 brownfield site rehabilitation agreement schedule and,
331 accordingly, no further action is required to assure that any
332 land use identified in the brownfield site rehabilitation
333 agreement is consistent with existing and proposed uses.”
334 (g)1. The Legislature recognizes the benefits of promoting
335 the reuse of brownfield sites, even when subject to its
336 limitations in addressing cleanup liability under federal
337 pollution control programs, including those enumerated in
338 subparagraph (1)(b)1. In an effort to encourage such reuse
339 secure federal liability protection for persons willing to
340 undertake remediation responsibility for site rehabilitation at
341 a brownfield site, the department may, upon receipt of a letter
342 from shall attempt to negotiate a memorandum of agreement or
343 similar document with the United States Environmental Protection
344 Agency stating it has no objection to a site’s participation
345 pursuant to subparagraph (1)(b)1. and upon a reasonable
346 demonstration by the person seeking to participate in the
347 brownfield program that he or she will conduct site
348 rehabilitation pursuant to s. 376.81, issue a letter of no
349 objection that states the person may participate in the
350 brownfield program. The department may not require, as a
351 condition of such letter of concurrence, that, whereby the
352 United States Environmental Protection Agency agree agrees to
353 forego enforcement of federal corrective action authority at
354 brownfield sites that have received a site rehabilitation
355 completion order or “No Further Action” determination from the
356 department or the approved local pollution control program or
357 that are in the process of implementing a brownfield site
358 rehabilitation agreement in accordance with this act. The
359 letters of concurrence from the United States Environmental
360 Protection Agency and the department must be added as
361 attachments to the brownfield site rehabilitation agreement.
362 2. Proposed brownfield sites that are subject to ongoing
363 formal judicial or administrative enforcement action or
364 corrective action pursuant to an order from the United States
365 Environmental Protection Agency pursuant to s. 3008(h) of the
366 Resource Conservation and Recovery Act, as amended by 42 U.S.C.
367 s. 6928(h), or that have obtained or are required to obtain a
368 permit for the operation of a hazardous waste treatment,
369 storage, or disposal facility, a post-closure permit, or a
370 permit pursuant to the federal Hazardous and Solid Waste
371 Amendments of 1984 are eligible for participation in the
372 brownfield program established in ss. 376.77-376.85, provided
373 that the sites:
374 a. Obtain the necessary letters of concurrence pursuant to
375 paragraph (1)(b) and subparagraph 1.; or
376 b. Comply with the provisions of Section V of the
377 Memorandum of Agreement between the department and the United
378 States Environmental Protection Agency Region 4 covering
379 Florida’s Brownfield Program, dated November 28, 2005, as may be
380 amended.
381 Section 7. Subsection (3) of section 196.1995, Florida
382 Statutes, is amended to read:
383 196.1995 Economic development ad valorem tax exemption.—
384 (3) The board of county commissioners or the governing
385 authority of the municipality that calls a referendum within its
386 total jurisdiction to determine whether its respective
387 jurisdiction may grant economic development ad valorem tax
388 exemptions may vote to limit the effect of the referendum to
389 authority to grant economic development tax exemptions for new
390 businesses and expansions of existing businesses located in an
391 enterprise zone or a brownfield area, as defined in s. 376.79 s.
392 376.79(5). If an area nominated to be an enterprise zone
393 pursuant to s. 290.0055 has not yet been designated pursuant to
394 s. 290.0065, the board of county commissioners or the governing
395 authority of the municipality may call such referendum prior to
396 such designation; however, the authority to grant economic
397 development ad valorem tax exemptions does not apply until such
398 area is designated pursuant to s. 290.0065. The ballot question
399 in such referendum shall be in substantially the following form
400 and shall be used in lieu of the ballot question prescribed in
401 subsection (2):
402
403 Shall the board of county commissioners of this county (or the
404 governing authority of this municipality, or both) be authorized
405 to grant, pursuant to s. 3, Art. VII of the State Constitution,
406 property tax exemptions for new businesses and expansions of
407 existing businesses that are located in an enterprise zone or a
408 brownfield area and that are expected to create new, full-time
409 jobs in the county (or municipality, or both)?
410
411 ....Yes—For authority to grant exemptions.
412 ....No—Against authority to grant exemptions.
413 Section 8. Paragraph (c) of subsection (5) of section
414 288.1175, Florida Statutes, is amended to read:
415 288.1175 Agriculture education and promotion facility.—
416 (5) The Department of Agriculture and Consumer Services
417 shall competitively evaluate applications for funding of an
418 agriculture education and promotion facility. If the number of
419 applicants exceeds three, the Department of Agriculture and
420 Consumer Services shall rank the applications based upon
421 criteria developed by the Department of Agriculture and Consumer
422 Services, with priority given in descending order to the
423 following items:
424 (c) The location of the facility in a brownfield site as
425 defined in s. 376.79 s. 376.79(4), a rural enterprise zone as
426 defined in s. 290.004, an agriculturally depressed area as
427 defined in s. 570.74, or a county that has lost its agricultural
428 land to environmental restoration projects.
429 Section 9. For the purpose of incorporating the amendment
430 made by this act to section 376.79, Florida Statutes, in a
431 reference thereto, subsection (1) of section 1004.53, Florida
432 Statutes, is reenacted to read:
433 1004.53 Interdisciplinary Center for Brownfield
434 Rehabilitation Assistance.—The Center for Brownfield
435 Rehabilitation Assistance in the Environmental Sciences and
436 Policy Program is established in the College of Arts and
437 Sciences at the University of South Florida with the
438 collaboration of other related disciplines such as business
439 administration, environmental science, and medicine. The center
440 shall work in conjunction with other state universities. The
441 Center for Brownfield Rehabilitation Assistance shall:
442 (1) Conduct research relating to problems and solutions
443 associated with rehabilitation and restoration of brownfield
444 areas as defined in s. 376.79. The research must include
445 identifying innovative solutions to removing contamination from
446 brownfield sites to reduce the threats to drinking water
447 supplies and other potential public health threats from
448 contaminated sites.
449 Section 10. This act shall take effect July 1, 2025.
450
451 ================= T I T L E A M E N D M E N T ================
452 And the title is amended as follows:
453 Delete everything before the enacting clause
454 and insert:
455 A bill to be entitled
456 An act relating to brownfields; amending s. 376.303,
457 F.S.; deleting a provision requiring certain property
458 owners to provide information regarding institutional
459 controls to the local government for mapping purposes;
460 deleting local government requirements for such
461 mapping; requiring that sites issued a site
462 rehabilitation completion order without institutional
463 controls be removed from the registry of all
464 contaminated sites located in a brownfield area;
465 amending s. 376.30781, F.S.; revising the conditions
466 under which an applicant that has rehabilitated a
467 contaminated site may submit and claim certain tax
468 credits; specifying a timeframe within which such tax
469 credit application must be submitted; revising the
470 criteria for determining applicants who are
471 redeveloping brownfield sites who may be eligible for
472 certain tax credits; deleting the definition of the
473 term “monetary compensation”; revising the date by
474 which the Department of Environmental Protection must
475 issue annual site rehabilitation tax credit
476 certificate awards; revising the amount of time the
477 department has to respond to a tax credit applicant
478 regarding a certain notice; amending s. 376.78, F.S.;
479 conforming provisions to changes made by the act;
480 amending s. 376.79, F.S.; revising definitions,
481 defining the terms “brownfield” and “brownfield site”;
482 amending s. 376.81, F.S.; providing legislative
483 findings; prohibiting the department or a delegated
484 local pollution control program from denying a
485 specified status or refusing to issue a specified
486 order for certain brownfield sites that are only a
487 portion of larger contaminated sites; providing
488 applicability; amending s. 376.82, F.S.; revising the
489 persons and sites eligible for participation in the
490 brownfield program; revising requirements for such
491 participation; requiring that completion of the
492 performance of remediation obligations at the
493 brownfield site be evidenced by a site rehabilitation
494 completion order; revising the information necessary
495 from the United States Environmental Protection Agency
496 and the department for a person’s participation in the
497 program; specifying that certain brownfield sites are
498 eligible to participate in the brownfield program
499 under certain circumstances; amending ss. 196.1995 and
500 288.1175, F.S.; conforming cross-references;
501 reenacting s. 1004.53(1), F.S., relating to the Center
502 for Brownfield Rehabilitation Assistance, to
503 incorporate the amendment made to s. 376.79, F.S., in
504 a reference thereto; providing an effective date.