Bill Text: FL S0544 | 2010 | Regular Session | Comm Sub

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Bill Title: Brownfield Development [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Finance and Tax, companion bill(s) passed, see CS/CS/CS/SB 550 (Ch. 2010-205) [S0544 Detail]

Download: Florida-2010-S0544-Comm_Sub.html

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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.