Bill Text: FL S0586 | 2014 | Regular Session | Engrossed

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Bill Title: Brownfields

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2014-04-29 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 325 (Ch. 2014-114) [S0586 Detail]

Download: Florida-2014-S0586-Engrossed.html

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       CS for CS for SB 586                       First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2014586e1
       
    1                        A bill to be entitled                      
    2         An act relating to brownfields; amending s. 376.78,
    3         F.S.; revising legislative intent with regard to
    4         community revitalization in certain areas; amending s.
    5         376.80, F.S.; revising procedures for designation of
    6         brownfield areas by local governments; providing
    7         procedures for adoption of a resolution; providing
    8         requirements for notice and public hearings;
    9         authorizing local governments to use a term other than
   10         “brownfield area” when naming such areas; amending s.
   11         376.82, F.S.; providing an exemption from liability
   12         for property damage for entities that execute and
   13         implement certain brownfield site rehabilitation
   14         agreements; providing for applicability; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (8) of section 376.78, Florida
   20  Statutes, is amended to read:
   21         376.78 Legislative intent.—The Legislature finds and
   22  declares the following:
   23         (8) The existence of brownfields within a community may
   24  contribute to, or may be a symptom of, overall community
   25  decline, including issues of human disease and illness, crime,
   26  educational and employment opportunities, and infrastructure
   27  decay. The environment is an important element of quality of
   28  life in any community, along with economic opportunity,
   29  educational achievement, access to health care, housing quality
   30  and availability, provision of governmental services, and other
   31  socioeconomic factors. Brownfields redevelopment, properly done,
   32  can be a significant element in community revitalization,
   33  especially within community redevelopment areas, enterprise
   34  zones, empowerment zones, closed military bases, or designated
   35  brownfield pilot project areas.
   36         Section 2. Subsections (1) and (2) of section 376.80,
   37  Florida Statutes, are amended, and subsection (12) is added to
   38  that section, to read:
   39         376.80 Brownfield program administration process.—
   40         (1) The following general procedures apply to brownfield
   41  designations:
   42         (a) The local government with jurisdiction over a proposed
   43  brownfield area shall designate such area pursuant to this
   44  section.
   45         (b) For a brownfield area designation proposed by:
   46         1. The jurisdictional local government, the designation
   47  criteria under paragraph (2)(a) apply unless the local
   48  government proposes to designate a brownfield area within a
   49  specified redevelopment area as provided in paragraph (2)(b).
   50         2. Any person other than a governmental entity, including,
   51  but not limited to, individuals, corporations, partnerships,
   52  limited liability companies, community-based organizations, or
   53  not-for-profit corporations, the designation criteria under
   54  paragraph (2)(c) apply.
   55         (c) Except as otherwise provided, the following provisions
   56  apply to all proposed brownfield area designations:
   57         1. Notification to the department following adoption.—A
   58  local government with jurisdiction over the brownfield area must
   59  notify the department, and, if applicable, the local pollution
   60  control program under s. 403.182, of its decision to designate a
   61  brownfield area for rehabilitation for the purposes of ss.
   62  376.77-376.86. The notification must include a resolution
   63  adopted, by the local government body. The local government
   64  shall notify the department and, if applicable, the local
   65  pollution control program under s. 403.182, of the designation
   66  within 30 days after adoption of the resolution.
   67         2. Resolution adoption.—The brownfield area designation
   68  must be carried out by a resolution adopted by the
   69  jurisdictional local government, to which includes is attached a
   70  map adequate to clearly delineate exactly which parcels are to
   71  be included in the brownfield area or alternatively a less
   72  detailed map accompanied by a detailed legal description of the
   73  brownfield area. For municipalities, the governing body shall
   74  adopt the resolution in accordance with the procedures outlined
   75  in s. 166.041, except that the procedures for the public
   76  hearings on the proposed resolution must be in the form
   77  established in s. 166.041(3)(c)2. For counties, the governing
   78  body shall adopt the resolution in accordance with the
   79  procedures outlined in s. 125.66, except that the procedures for
   80  the public hearings on the proposed resolution must be in the
   81  form established in s. 125.66(4)(b).
   82         3. Right to be removed from proposed brownfield area.—If a
   83  property owner within the area proposed for designation by the
   84  local government requests in writing to have his or her property
   85  removed from the proposed designation, the local government
   86  shall grant the request. For municipalities, the governing body
   87  shall adopt the resolution in accordance with the procedures
   88  outlined in s. 166.041, except that the notice for the public
   89  hearings on the proposed resolution must be in the form
   90  established in s. 166.041(3)(c)2. For counties, the governing
   91  body shall adopt the resolution in accordance with the
   92  procedures outlined in s. 125.66, except that the notice for the
   93  public hearings on the proposed resolution shall be in the form
   94  established in s. 125.66(4)(b)2.
   95         4. Notice and public hearing requirements for designation
   96  of a proposed brownfield area outside a redevelopment area or by
   97  a nongovernmental entity.—Compliance with the following
   98  provisions is required before designation of a proposed
   99  brownfield area under paragraph (2)(a) or paragraph (2)(c):
  100         a. At least one of the required public hearings shall be
  101  conducted as close as is reasonably practicable to the area to
  102  be designated to provide an opportunity for public input on the
  103  size of the area, the objectives for rehabilitation, job
  104  opportunities and economic developments anticipated,
  105  neighborhood residents’ considerations, and other relevant local
  106  concerns.
  107         b. Notice of a public hearing must be made in a newspaper
  108  of general circulation in the area, must be made in ethnic
  109  newspapers or local community bulletins, must be posted in the
  110  affected area, and must be announced at a scheduled meeting of
  111  the local governing body before the actual public hearing.
  112         (2)(a) Local government-proposed brownfield area
  113  designation outside specified redevelopment areas.—If a local
  114  government proposes to designate a brownfield area that is
  115  outside a community redevelopment area areas, enterprise zone
  116  zones, empowerment zone zones, closed military base bases, or
  117  designated brownfield pilot project area areas, the local
  118  government shall provide notice, adopt the resolution, and
  119  conduct the public hearings pursuant to paragraph in accordance
  120  with the requirements of subsection (1)(c), except at least one
  121  of the required public hearings shall be conducted as close as
  122  reasonably practicable to the area to be designated to provide
  123  an opportunity for public input on the size of the area, the
  124  objectives for rehabilitation, job opportunities and economic
  125  developments anticipated, neighborhood residents’
  126  considerations, and other relevant local concerns. Notice of the
  127  public hearing must be made in a newspaper of general
  128  circulation in the area and the notice must be at least 16
  129  square inches in size, must be in ethnic newspapers or local
  130  community bulletins, must be posted in the affected area, and
  131  must be announced at a scheduled meeting of the local governing
  132  body before the actual public hearing. At a public hearing to
  133  designate the proposed brownfield area In determining the areas
  134  to be designated, the local government must consider:
  135         1. Whether the brownfield area warrants economic
  136  development and has a reasonable potential for such activities;
  137         2. Whether the proposed area to be designated represents a
  138  reasonably focused approach and is not overly large in
  139  geographic coverage;
  140         3. Whether the area has potential to interest the private
  141  sector in participating in rehabilitation; and
  142         4. Whether the area contains sites or parts of sites
  143  suitable for limited recreational open space, cultural, or
  144  historical preservation purposes.
  145         (b) Local government-proposed brownfield area designation
  146  within specified redevelopment areas.—Paragraph (a) does not
  147  apply to a proposed brownfield area if the local government
  148  proposes to designate the brownfield area inside a community
  149  redevelopment area, enterprise zone, empowerment zone, closed
  150  military base, or designated brownfield pilot project area and
  151  the local government complies with paragraph (1)(c).
  152         (c)(b) Brownfield area designation proposed by persons
  153  other than a governmental entity.—For designation of a
  154  brownfield area that is proposed by a person other than the
  155  local government, the local government with jurisdiction over
  156  the proposed brownfield area shall provide notice and adopt a
  157  resolution to designate the a brownfield area pursuant to
  158  paragraph (1)(c) if, at the public hearing to adopt the
  159  resolution, the person establishes all of the following under
  160  the provisions of this act provided that:
  161         1. A person who owns or controls a potential brownfield
  162  site is requesting the designation and has agreed to
  163  rehabilitate and redevelop the brownfield site.;
  164         2. The rehabilitation and redevelopment of the proposed
  165  brownfield site will result in economic productivity of the
  166  area, along with the creation of at least 5 new permanent jobs
  167  at the brownfield site that are full-time equivalent positions
  168  not associated with the implementation of the brownfield site
  169  rehabilitation agreement and that are not associated with
  170  redevelopment project demolition or construction activities
  171  pursuant to the redevelopment of the proposed brownfield site or
  172  area. However, the job creation requirement does shall not apply
  173  to the rehabilitation and redevelopment of a brownfield site
  174  that will provide affordable housing as defined in s. 420.0004
  175  or the creation of recreational areas, conservation areas, or
  176  parks.;
  177         3. The redevelopment of the proposed brownfield site is
  178  consistent with the local comprehensive plan and is a
  179  permittable use under the applicable local land development
  180  regulations.;
  181         4. Notice of the proposed rehabilitation of the brownfield
  182  area has been provided to neighbors and nearby residents of the
  183  proposed area to be designated pursuant to paragraph (1)(c), and
  184  the person proposing the area for designation has afforded to
  185  those receiving notice the opportunity for comments and
  186  suggestions about rehabilitation. Notice pursuant to this
  187  subparagraph must be made in a newspaper of general circulation
  188  in the area, at least 16 square inches in size, and the notice
  189  must be posted in the affected area.; and
  190         5. The person proposing the area for designation has
  191  provided reasonable assurance that he or she has sufficient
  192  financial resources to implement and complete the rehabilitation
  193  agreement and redevelopment of the brownfield site.
  194         (d)(c) Negotiation of brownfield site rehabilitation
  195  agreement.—The designation of a brownfield area and the
  196  identification of a person responsible for brownfield site
  197  rehabilitation simply entitles the identified person to
  198  negotiate a brownfield site rehabilitation agreement with the
  199  department or approved local pollution control program.
  200         (12) A local government that designates a brownfield area
  201  pursuant to this section is not required to use the term
  202  “brownfield area” within the name of the brownfield area
  203  designated by the local government.
  204         Section 3. Paragraphs (a) and (b) of subsection (2) of
  205  section 376.82, Florida Statutes, are amended to read:
  206         376.82 Eligibility criteria and liability protection.—
  207         (2) LIABILITY PROTECTION.—
  208         (a) Any person, including his or her successors and
  209  assigns, who executes and implements to successful completion a
  210  brownfield site rehabilitation agreement, is shall be relieved
  211  of:
  212         1. Further liability for remediation of the contaminated
  213  site or sites to the state and to third parties. and of
  214         2. Liability in contribution to any other party who has or
  215  may incur cleanup liability for the contaminated site or sites.
  216         3. Liability for claims of any person for property damage,
  217  including, but not limited to, diminished value of real property
  218  or improvements; lost or delayed rent, sale, or use of real
  219  property or improvements; or stigma to real property or
  220  improvements caused by contamination addressed by a brownfield
  221  site rehabilitation agreement. Notwithstanding any other
  222  provision of this chapter, this subparagraph applies to causes
  223  of action accruing on or after July 1, 2014. This subparagraph
  224  does not apply to a person who: caused the discharge or other
  225  condition of pollution at a property subject to a brownfield
  226  site rehabilitation agreement or who is otherwise liable under
  227  applicable successor liability principles; commits fraud in
  228  demonstrating site conditions or completing site rehabilitation
  229  of a property subject to a brownfield site rehabilitation
  230  agreement; or exacerbates contamination of a property subject to
  231  a brownfield site rehabilitation agreement in violation of
  232  applicable laws, which causes property damages.
  233         (b) This section does not limit shall not be construed as a
  234  limitation on the right of a third party other than the state to
  235  pursue an action for damages to persons for bodily harm property
  236  or person; however, such an action may not compel site
  237  rehabilitation in excess of that required in the approved
  238  brownfield site rehabilitation agreement or otherwise required
  239  by the department or approved local pollution control program.
  240         Section 4. This act shall take effect July 1, 2014.