Bill Text: FL S1018 | 2017 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pollution

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-15 - Chapter No. 2017-95 [S1018 Detail]

Download: Florida-2017-S1018-Comm_Sub.html
       Florida Senate - 2017                      CS for CS for SB 1018
       By the Committees on Appropriations; and Environmental
       Preservation and Conservation; and Senators Grimsley and Galvano
       576-04391-17                                          20171018c2
    1                        A bill to be entitled                      
    2         An act relating to pollution; creating s. 403.076,
    3         F.S.; providing a short title; creating s. 403.077,
    4         F.S.; providing goals and legislative findings;
    5         specifying the authority of the Department of
    6         Environmental Protection; specifying that the act does
    7         not alter or affect the emergency management
    8         responsibilities of certain other governmental
    9         entities; creating s. 403.078, F.S.; defining the term
   10         “reportable pollution release”; requiring an owner or
   11         operator of an installation at which a reportable
   12         pollution release occurred to provide certain
   13         information to the department within 24 hours after
   14         the discovery of the release; authorizing the owner or
   15         operator to amend such notice; specifying compliance
   16         and enforcement requirements; requiring owners or
   17         operators to provide notice when a reportable
   18         pollution release migrates outside the property
   19         boundaries of the installation; requiring the
   20         department to publish such information in a specified
   21         manner; requiring the department to establish an
   22         electronic mailing list; requiring the department to
   23         provide a reporting form and e-mail address for such
   24         notice; specifying that providing a notice does not
   25         constitute an admission of liability or harm;
   26         specifying penalties for violations; requiring the
   27         department to adopt rules; amending s. 403.121, F.S.;
   28         specifying penalties for failure to provide the
   29         required notice; amending s. 376.3071, F.S.; providing
   30         an exception to prompt payment requirements to
   31         subcontractors and suppliers; amending s. 376.30713,
   32         F.S.; revising legislative findings; specifying that
   33         applicants for advanced cleanup of certain individual
   34         sites are not subject to application period
   35         limitations and need not pay a certain cost-sharing
   36         commitment; requiring applications by such applicants
   37         to be accepted on a first-come, first-served basis;
   38         providing that such applications are not subject to
   39         certain ranking provisions; specifying application
   40         requirements; providing construction; increasing the
   41         amount per year that the Department of Environmental
   42         Protection may use for advanced cleanup work;
   43         specifying expenditure limitations; revising duties of
   44         property owners and responsible parties with respect
   45         to voluntary cost-share agreements; amending s.
   46         376.3078, F.S.; providing a statement of public
   47         interest; authorizing site assessments in advance of
   48         site priority ranking under certain circumstances;
   49         specifying criteria for sites to be eligible for such
   50         assessments; specifying what must be demonstrated
   51         through such assessments; specifying criteria for the
   52         assignment of assessment tasks; specifying funding
   53         limitations; specifying the prioritization of
   54         requests; amending s. 220.1845, F.S.; increasing the
   55         total amount of an authorization for tax credits;
   56         amending s. 376.30781, F.S.; increasing the total
   57         amount of tax credits the department is responsible
   58         for allocating; providing an effective date.
   60  Be It Enacted by the Legislature of the State of Florida:
   62         Section 1. Section 403.076, Florida Statutes, is created to
   63  read:
   64         403.076 Short title.—Sections 403.076-403.078 may be cited
   65  as the “Public Notice of Pollution Act.”
   66         Section 2. Section 403.077, Florida Statutes, is created to
   67  read:
   68         403.077 Public notice of pollution; goals and findings.—
   69         (1)It is a goal of the state that the public be timely
   70  notified of a discovered, reportable pollution release that may
   71  pose an immediate danger to the public health, safety, or
   72  welfare.
   73         (2)The department has the authority and the duty to
   74  control and prohibit pollution of the air, land, and water of
   75  this state and has the primary responsibility to ensure that the
   76  public is aware of reportable pollution releases. Alerting the
   77  department about reportable pollution releases, within the
   78  timeframes and in the manner provided by this act, will better
   79  inform the department and the public regarding such releases and
   80  the need, if any, to take action to protect the public health,
   81  safety, and welfare.
   82         (3)This act does not alter or affect the emergency
   83  management responsibilities of the Governor, the Division of
   84  Emergency Management, or the governing body of any political
   85  subdivision of the state pursuant to chapter 252.
   86         Section 3. Section 403.078, Florida Statutes, is created to
   87  read:
   88         403.078 Public notification of pollution.—
   89         (1)DEFINITION.—As used in this section, the term
   90  “reportable pollution release” means the release or discharge of
   91  a substance from an installation to the air, land, or waters of
   92  the state which is discovered by the owner or operator of the
   93  installation, which is not authorized by law, and which is:
   94         (a)Reportable to the State Watch Office within the
   95  Division of Emergency Management pursuant to department rules,
   96  permit, order, or variance;
   97         (b)Reportable to the department or a contracted county
   98  pursuant to department rules governing storage tank systems
   99  under ss. 376.303, 376.321, and 376.322;
  100         (c)Reportable to the department pursuant to department
  101  rules requiring notice for noncompliance from underground
  102  injection control systems where such noncompliance may endanger
  103  public health or the environment and has the potential to
  104  contaminate potable water wells outside the property boundaries
  105  of the installation;
  106         (d)A hazardous substance at or above the quantity
  107  established in Table 302.4 of 40 C.F.R. s. 302.4, revised as of
  108  July 1, 2016, for such substance, for which notification is
  109  required by 40 C.F.R. s. 302.6; or
  110         (e)An extremely hazardous substance pursuant to 40 C.F.R.
  111  s. 355.61, at or above the quantity established in Appendices A
  112  and B of 40 C.F.R. part 355, revised as of July 1, 2016, for
  113  such substance, for which notice is required by 40 C.F.R. s.
  114  355.33.
  116         (a)In the event of a reportable pollution release, any
  117  person who is an owner or operator of the installation at which
  118  the reportable pollution release occurred must provide a notice
  119  containing the following information, to the extent known at the
  120  time of such notice, to the department within 24 hours after its
  121  discovery:
  122         1.The name and address of the installation where the
  123  reportable pollution release occurred.
  124         2.The name and title of the reporting person and the
  125  nature of his or her relationship to the installation.
  126         3.The identification numbers for any active department
  127  permits, variances, registrations, or orders that are relevant
  128  to the reportable pollution release.
  129         4.The name and telephone number of a contact person for
  130  further information.
  131         5.The substance released.
  132         6.The estimated quantity of the substance released and, if
  133  applicable, the estimated quantity that has since been
  134  recovered.
  135         7.The cause of the release.
  136         8.The source of the release.
  137         9.The location of the release.
  138         10.The date, time, and duration of the release.
  139         11.The medium into which the substance was released,
  140  including, but not limited to, the outdoor air, land,
  141  groundwater, aquifer, or specified waters or wetlands.
  142         12.Whether the released substance has migrated to land or
  143  waters of the state outside the property boundaries of the
  144  installation and the location of such migration.
  145         13.To the extent available, toxicological information
  146  associated with the substance released as specified on a safety
  147  data sheet or comparable source published by the Occupational
  148  Safety and Health Administration or the Centers for Disease
  149  Control and Prevention, or their successor agencies.
  151  The owner or operator may also include in the notice any other
  152  information he or she wishes in order to assist in the
  153  protection of the public health, safety, and welfare.
  154         (b)If multiple parties are subject to the notification
  155  requirements based on a single reportable pollution release, a
  156  single notification made by one party in accordance with this
  157  section constitutes compliance on behalf of all parties subject
  158  to the requirement. However, if the notification is not made in
  159  accordance with this section, the department may pursue
  160  enforcement against all parties subject to the requirement.
  161         (c)If, after providing notice pursuant to paragraph (a),
  162  the installation owner or operator determines that a reportable
  163  pollution release did not occur or that an amendment to the
  164  notice is warranted, the installation owner or operator may
  165  submit a letter to the department documenting such
  166  determination.
  167         (d)If, after providing notice under paragraph (a), the
  168  installation owner or operator determines that a release subject
  169  to the noticing requirements of this act has migrated outside
  170  the property boundaries of the installation, the owner or
  171  operator, within 24 hours after such discovery, must provide an
  172  additional notice to the department. Such notice must comply
  173  with the requirements of paragraph (a) and specify the extent of
  174  the migration outside the property boundaries.
  176         (a)The department shall publish on a website accessible to
  177  the public all notices submitted by an owner or operator
  178  pursuant to subsection (2) within 24 hours of receipt.
  179         (b)The department shall create an electronic mailing list
  180  for such notices and allow the public, including local
  181  governments, health departments, news media, and other
  182  interested persons, to subscribe to and receive periodic direct
  183  announcement of any notices submitted pursuant to subsection
  184  (2). The department shall establish regional electronic mailing
  185  lists, such as by county or district boundaries, to allow
  186  subscribers to determine the notices they wish to receive by
  187  geographic area.
  188         (c)The department shall establish an e-mail address and an
  189  online form as options for owners and operators to provide the
  190  notice specified in paragraphs (2)(a) and (b).
  191         (4)ADMISSION OF LIABILITY OR HARM.—Providing notice under
  192  subsection (2) does not constitute an admission of liability or
  193  harm.
  194         (5)VIOLATIONS.—For failure to provide the notification
  195  required by paragraph (2)(a) or paragraph (2)(d), the owner or
  196  operator shall be subject to the civil penalties specified in s.
  197  403.121.
  198         (6)ADOPTION OF RULES.—The department shall adopt rules
  199  necessary to administer the provisions of this section.
  200         Section 4. Present paragraph (f) of subsection (4) of
  201  section 403.121, Florida Statutes, is redesignated as paragraph
  202  (g), and a new paragraph (f) is added to that subsection, to
  203  read:
  204         403.121 Enforcement; procedure; remedies.—The department
  205  shall have the following judicial and administrative remedies
  206  available to it for violations of this chapter, as specified in
  207  s. 403.161(1).
  208         (4) In an administrative proceeding, in addition to the
  209  penalties that may be assessed under subsection (3), the
  210  department shall assess administrative penalties according to
  211  the following schedule:
  212         (f) For failure to provide required notice pursuant to s.
  213  403.078, up to $10,000 per day for each day an installation
  214  owner or operator is in violation of the section.
  215         Section 5. Paragraph (h) of subsection (6) of section
  216  376.3071, Florida Statutes, is amended to read:
  217         376.3071 Inland Protection Trust Fund; creation; purposes;
  218  funding.—
  220         (h) The contractor, or the person to whom which the
  221  contractor has assigned its right to payment pursuant to
  222  paragraph (e), shall make prompt payment to subcontractors and
  223  suppliers for their costs associated with an approved contract
  224  pursuant to s. 287.0585, except that the contractor, or the
  225  person to whom the contractor has assigned its right to payment
  226  pursuant to paragraph (e), may remit payments to subcontractors
  227  and suppliers within 30 working days after the contractor’s
  228  receipt of payment by the department before the penalties
  229  required by s. 287.0585(1) are applicable.
  230         Section 6. Paragraphs (a) and (c) of subsection (1) and
  231  subsections (2) and (4) of section 376.30713, Florida Statutes,
  232  are amended to read:
  233         376.30713 Advanced cleanup.—
  234         (1) In addition to the legislative findings provided in s.
  235  376.3071, the Legislature finds and declares:
  236         (a) That the inability to conduct site rehabilitation in
  237  advance of a site’s priority ranking pursuant to s.
  238  376.3071(5)(a) may substantially impede or prohibit property
  239  redevelopment, property transactions, or the proper completion
  240  of public works projects.
  241         (c) It is in the public interest and of substantial
  242  economic benefit to the state to provide an opportunity for site
  243  rehabilitation to be conducted on a limited basis at
  244  contaminated sites, in advance of the site’s priority ranking,
  245  to encourage redevelopment and facilitate property transactions
  246  or public works projects.
  247         (2) The department may approve an application for advanced
  248  cleanup at eligible sites, including applications submitted
  249  pursuant to paragraph (c), notwithstanding the site’s priority
  250  ranking established pursuant to s. 376.3071(5)(a), pursuant to
  251  this section. Only the facility owner or operator or the person
  252  otherwise responsible for site rehabilitation qualifies as an
  253  applicant under this section.
  254         (a) Advanced cleanup applications may be submitted between
  255  May 1 and June 30 and between November 1 and December 31 of each
  256  fiscal year. Applications submitted between May 1 and June 30
  257  shall be for the fiscal year beginning July 1. An application
  258  must consist of:
  259         1. A commitment to pay 25 percent or more of the total
  260  cleanup cost deemed recoverable under this section along with
  261  proof of the ability to pay the cost share. The department shall
  262  determine whether the cost savings demonstration is acceptable.
  263  Such determination is not subject to chapter 120.
  264         a. Applications for the aggregate cleanup of five or more
  265  sites may be submitted in one of two formats to meet the cost
  266  share requirement:
  267         (I) For an aggregate application proposing that the
  268  department enter into a performance-based contract, the
  269  applicant may use a commitment to pay, a demonstrated cost
  270  savings to the department, or both to meet the requirement.
  271         (II) For an aggregate application relying on a demonstrated
  272  cost savings to the department, the applicant shall, in
  273  conjunction with the proposed agency term contractor, establish
  274  and provide in the application the percentage of cost savings in
  275  the aggregate that is being provided to the department for
  276  cleanup of the sites under the application compared to the cost
  277  of cleanup of those same sites using the current rates provided
  278  to the department by the proposed agency term contractor.
  279         b. Applications for the cleanup of individual sites may be
  280  submitted in one of two formats to meet the cost-share
  281  requirement:
  282         (I) For an individual application proposing that the
  283  department enter into a performance-based contract, the
  284  applicant may use a commitment to pay, a demonstrated cost
  285  savings to the department, or both to meet the requirement.
  286         (II) For an individual application relying on a
  287  demonstrated cost savings to the department, the applicant
  288  shall, in conjunction with the proposed agency term contractor,
  289  establish and provide in the application a 25-percent cost
  290  savings to the department for cleanup of the site under the
  291  application compared to the cost of cleanup of the same site
  292  using the current rates provided to the department by the
  293  proposed agency term contractor.
  294         2. A nonrefundable review fee of $250 to cover the
  295  administrative costs associated with the department’s review of
  296  the application.
  297         3. A limited contamination assessment report.
  298         4. A proposed course of action.
  299         5. A department site access agreement, or similar
  300  agreements approved by the department that do not violate state
  301  law, entered into with the property owner or owners, as
  302  applicable, and evidence of authorization from such owner or
  303  owners for petroleum site rehabilitation program tasks
  304  consistent with the proposed course of action where the
  305  applicant is not the property owner for any of the sites
  306  contained in the application.
  308  The limited contamination assessment report must be sufficient
  309  to support the proposed course of action and to estimate the
  310  cost of the proposed course of action. Costs incurred related to
  311  conducting the limited contamination assessment report are not
  312  refundable from the Inland Protection Trust Fund. Site
  313  eligibility under this subsection or any other provision of this
  314  section is not an entitlement to advanced cleanup or continued
  315  restoration funding. The applicant shall certify to the
  316  department that the applicant has the prerequisite authority to
  317  enter into an advanced cleanup contract with the department. The
  318  certification must be submitted with the application.
  319         (b) The department shall rank the applications based on the
  320  percentage of cost-sharing commitment proposed by the applicant,
  321  with the highest ranking given to the applicant who proposes the
  322  highest percentage of cost sharing. If the department receives
  323  applications that propose identical cost-sharing commitments and
  324  that exceed the funds available to commit to all such proposals
  325  during the advanced cleanup application period, the department
  326  shall proceed to rerank those applicants. Those applicants
  327  submitting identical cost-sharing proposals that exceed funding
  328  availability must be so notified by the department and offered
  329  the opportunity to raise their individual cost-share
  330  commitments, in a period specified in the notice. At the close
  331  of the period, the department shall proceed to rerank the
  332  applications pursuant to this paragraph.
  333         (c)Applications for the advanced cleanup of individual
  334  sites scheduled for redevelopment are not subject to the
  335  application period limitations or the requirement to pay 25
  336  percent of the total cleanup cost specified in paragraph (a) or
  337  to the cost-sharing commitment specified in paragraph (1)(d).
  338  Applications must be accepted on a first-come, first-served
  339  basis and are not subject to the ranking provisions of paragraph
  340  (b). Applications for the advanced cleanup of individual sites
  341  scheduled for redevelopment must include:
  342         1.A nonrefundable review fee of $250 to cover the
  343  administrative costs associated with the department’s review of
  344  the application.
  345         2.A limited contamination assessment report. The report
  346  must be sufficient to support the proposed course of action and
  347  to estimate the cost of the proposed course of action. Costs
  348  incurred related to conducting and preparing the report are not
  349  refundable from the Inland Protection Trust Fund.
  350         3.A proposed course of action for cleanup of the site.
  351         4.If the applicant is not the property owner for any of
  352  the sites contained in the application, a department site access
  353  agreement, or a similar agreement approved by the department and
  354  not in violation of state law, entered into with the property
  355  owner or owners, as applicable, and evidence of authorization
  356  from such owner or owners for petroleum site rehabilitation
  357  program tasks consistent with the proposed course of action.
  358         5.A certification to the department stating that the
  359  applicant has the prerequisite authority to enter into an
  360  advanced cleanup contract with the department. The advanced
  361  cleanup contract must include redevelopment and site
  362  rehabilitation milestones.
  363         6.Documentation, in the form of a letter from the local
  364  government having jurisdiction over the area where the site is
  365  located, which states that the local government is in agreement
  366  with or approves the proposed redevelopment and that the
  367  proposed redevelopment complies with applicable law and
  368  requirements for such redevelopment.
  369         7.A demonstrated reasonable assurance that the applicant
  370  has sufficient financial resources to implement and complete the
  371  redevelopment project.
  373  Site eligibility under this section is not an entitlement to
  374  advanced cleanup funding or continued restoration funding.
  375         (4) The department may enter into contracts for a total of
  376  up to $30 $25 million of advanced cleanup work in each fiscal
  377  year. Up to $5 million of these funds may be designated by the
  378  department for advanced cleanup of individual sites scheduled
  379  for redevelopment under paragraph (2)(c).
  380         (a)However, A facility or an applicant who bundles
  381  multiple sites as specified in subparagraph (2)(a)1. may not be
  382  approved for more than $5 million of cleanup activity in each
  383  fiscal year.
  384         (b)A facility or an applicant applying for advanced
  385  cleanup of individual sites scheduled for redevelopment pursuant
  386  to paragraph (2)(c) may not be approved for more than $1 million
  387  of cleanup activity in any one fiscal year.
  388         (c) A property owner or responsible party may enter into a
  389  voluntary cost-share agreement in which the property owner or
  390  responsible party commits to bundle multiple sites and lists the
  391  facilities that will be included in those future bundles. The
  392  facilities listed are not subject to agency term contractor
  393  assignment pursuant to department rule. The department must
  394  reserve reserves the right to terminate or amend the voluntary
  395  cost-share agreement for any identified site under the voluntary
  396  cost-share agreement if the property owner or responsible party
  397  fails to submit an application to bundle any site, not already
  398  covered by an advance cleanup contract, under such voluntary
  399  cost-share agreement within three a subsequent open application
  400  periods or 18 months, whichever period is shorter, period during
  401  which it is eligible to participate. The property owner or
  402  responsible party must agree to conduct limited site assessments
  403  on the identified sites within 12 months after the execution of
  404  the voluntary cost-share agreement. For the purposes of this
  405  section, the term “facility” includes, but is not limited to,
  406  multiple site facilities such as airports, port facilities, and
  407  terminal facilities even though such enterprises may be treated
  408  as separate facilities for other purposes under this chapter.
  409         Section 7. Subsection (14) is added to section 376.3078,
  410  Florida Statutes, to read:
  411         376.3078 Drycleaning facility restoration; funds; uses;
  412  liability; recovery of expenditures.—
  413         (14)ADVANCED SITE ASSESSMENT.—It is in the public
  414  interest, and of substantial environmental and economic benefit
  415  to the state, to provide an opportunity to conduct site
  416  assessment on a limited basis at contaminated sites in advance
  417  of the ranking of the sites on the priority list as specified in
  418  subsection (8).
  419         (a)A real property owner who is eligible for site
  420  rehabilitation at a facility that has been determined eligible
  421  for the drycleaning solvent cleanup program under this section
  422  may request an advanced site assessment, and the department may
  423  authorize the performance of a site assessment in advance of the
  424  ranking of the site on the priority list as specified in
  425  subsection (8), if the following criteria are met:
  426         1.The site assessment information would provide new
  427  information that would be sufficient for the department to
  428  better evaluate the actual risk of the contamination, thereby
  429  reducing the risk to public health and the environment;
  430         2.The property owner agrees:
  431         a.To implement the appropriate institutional controls
  432  allowed by department rules adopted pursuant to subsection (4)
  433  at the time the property owner requests the advanced site
  434  assessment; and
  435         b.To implement and maintain, upon completion of the
  436  cleanup, the required institutional controls, or a combination
  437  of institutional and engineering controls, when the site meets
  438  the site rehabilitation criteria for closure with controls in
  439  accordance with department rules adopted pursuant to subsection
  440  (4);
  441         3.Current conditions at the site allow the site assessment
  442  to be conducted in a manner that will result in cost savings to
  443  the Water Quality Assurance Trust Fund;
  444         4.There is sufficient money in the annual Water Quality
  445  Assurance Trust Fund appropriation for the drycleaning solvent
  446  cleanup program to pay for the site assessment; and
  447         5.In accordance with subsection (3), access to the site is
  448  provided and the deductible is paid.
  449         (b)A site may be assessed out of priority ranking order
  450  when, at the department’s discretion, the site assessment will
  451  provide a cost savings to the program.
  452         (c)An advanced site assessment must incorporate risk-based
  453  corrective action principles to achieve protection of human
  454  health and safety and the environment in a cost-effective
  455  manner, in accordance with subsection (4). The site assessment
  456  must also be sufficient to estimate the cost and determine the
  457  proposed course of action toward site cleanup. Advanced site
  458  assessment activities performed under this subsection shall be
  459  designed to affirmatively demonstrate that the site meets one of
  460  the following findings based on the following specified
  461  criteria:
  462         1.Recommend remedial action to mitigate risks that, in the
  463  judgment of the department, are a threat to human health or
  464  where failure to prevent migration of drycleaning solvents would
  465  cause irreversible damage to the environment;
  466         2.Recommend additional groundwater monitoring to support
  467  natural attenuation monitoring or long-term groundwater
  468  monitoring; or
  469         3.Recommend “no further action,” with or without
  470  institutional controls or institutional and engineering
  471  controls, for those sites that meet the “no further action”
  472  criteria department rules adopted pursuant to subsection (4).
  474  If the site does not meet one of the findings specified in
  475  subparagraphs 1.-3., the department shall notify the property
  476  owner in writing of this decision, and the site shall be
  477  returned to its priority ranking order in accordance with its
  478  score.
  479         (d)Advanced site assessment program tasks shall be
  480  assigned by the drycleaning solvent cleanup program. In addition
  481  to the provisions in paragraph (a), the assignment of site
  482  assessment tasks shall be based on the department’s
  483  determination of contractor logistics, geographical
  484  considerations, and other criteria that the department
  485  determines are necessary to achieve the most cost-effective
  486  approach.
  487         (e)Available funding for advanced site assessments may not
  488  exceed 10 percent of the annual Water Quality Assurance Trust
  489  Fund appropriation for the drycleaning solvent cleanup program.
  490         (f)The total funds committed to any one site may not
  491  exceed $70,000.
  492         (g)The department shall prioritize the requests for
  493  advanced site assessment, based on the date of receipt and the
  494  environmental and economic value to the state, until 10 percent
  495  of the annual Water Quality Assurance Trust Fund appropriation,
  496  as provided in paragraph (e), has been obligated.
  497         Section 8. Paragraph (f) of subsection (2) of section
  498  220.1845, Florida Statutes, is amended to read:
  499         220.1845 Contaminated site rehabilitation tax credit.—
  501         (f) The total amount of the tax credits which may be
  502  granted under this section is $21.6 million in the 2015-2016
  503  fiscal year, and $5 million in the 2016-2017 fiscal year, and
  504  $10 million annually thereafter.
  505         Section 9. Subsection 4 of section 376.30781, Florida
  506  Statutes, is amended to read:
  507         376.30781 Tax credits for rehabilitation of drycleaning
  508  solvent-contaminated sites and brownfield sites in designated
  509  brownfield areas; application process; rulemaking authority;
  510  revocation authority.—
  511         (4) The Department of Environmental Protection is
  512  responsible for allocating the tax credits provided for in s.
  513  220.1845, which may not exceed a total of $21.6 million in tax
  514  credits in the 2015-2016 fiscal year, and $5 million in tax
  515  credits in the 2016-2017 fiscal year, and $10 million in tax
  516  credits annually thereafter.
  517         Section 10. This act shall take effect July 1, 2017.