Bill Text: FL H1177 | 2010 | Regular Session | Introduced
Bill Title: Brownfields Development
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Military & Local Affairs Policy (EDCA), companion bill(s) passed, see CS/CS/CS/SB 550 (Ch. 2010-205) [H1177 Detail]
Download: Florida-2010-H1177-Introduced.html
HB 1177 |
1 | |
2 | An act relating to brownfields development; amending s. |
3 | 163.3180, F.S.; authorizing waiver of certain concurrency |
4 | requirements for certain brownfield sites; authorizing |
5 | designation of certain brownfield areas as transportation |
6 | concurrency exception areas; providing for exempting |
7 | certain brownfield areas from concurrency requirements for |
8 | transportation facilities; exempting certain developments |
9 | in certain brownfield areas from compliance with |
10 | concurrency requirements under certain circumstances; |
11 | amending s. 212.08, F.S.; expanding the definition of |
12 | "mixed-use project" applicable to a building materials tax |
13 | exemption; amending s. 220.1845, F.S.; providing |
14 | requirements for claiming certain site rehabilitation |
15 | costs in applications for a contaminated site |
16 | rehabilitation tax credit; amending s. 288.107, F.S.; |
17 | revising a definition; revising criteria for an eligible |
18 | business for purposes of brownfield redevelopment bonus |
19 | refunds; amending s. 376.30781, F.S.; providing |
20 | requirements for claiming certain site rehabilitation |
21 | costs in applications for a brownfield site rehabilitation |
22 | tax credit; amending s. 376.85, F.S.; specifying |
23 | additional requirements for an annual report to the |
24 | Legislature; amending s. 403.1835, F.S.; specifying |
25 | criteria for deeming certain brownfield site projects as |
26 | eliminating public health hazards for certain purposes; |
27 | amending s. 403.8532, F.S.; expanding the types of |
28 | projects given consideration under a priority system for |
29 | certain loans under the Florida Safe Drinking Water Act; |
30 | providing an effective date. |
31 | |
32 | Be It Enacted by the Legislature of the State of Florida: |
33 | |
34 | Section 1. Paragraph (c) of subsection (4) and paragraphs |
35 | (b) and (c) of subsection (5) of section 163.3180, Florida |
36 | Statutes, are amended, and subsection (18) is added to that |
37 | section, to read: |
38 | 163.3180 Concurrency.- |
39 | (4) |
40 | (c) The concurrency requirement, except as it relates to |
41 | transportation facilities and public schools, as implemented in |
42 | local government comprehensive plans, may be waived by a local |
43 | government for urban infill and redevelopment areas designated |
44 | pursuant to s. 163.2517 and for brownfield sites subject to a |
45 | brownfield site rehabilitation agreement under s. 376.80 if such |
46 | a waiver does not endanger public health or safety as defined by |
47 | the local government in its local government comprehensive plan. |
48 | The waiver shall be adopted as a plan amendment pursuant to the |
49 | process set forth in s. 163.3187(3)(a). A local government may |
50 | grant a concurrency exception pursuant to subsection (5) for |
51 | transportation facilities located within these urban infill and |
52 | redevelopment areas. |
53 | (5) |
54 | (b)1. The following are transportation concurrency |
55 | exception areas: |
56 | a. A municipality that qualifies as a dense urban land |
57 | area under s. 163.3164; |
58 | b. An urban service area under s. 163.3164 that has been |
59 | adopted into the local comprehensive plan and is located within |
60 | a county that qualifies as a dense urban land area under s. |
61 | 163.3164; and |
62 | c. A county, including the municipalities located therein, |
63 | which has a population of at least 900,000 and qualifies as a |
64 | dense urban land area under s. 163.3164, but does not have an |
65 | urban service area designated in the local comprehensive plan. |
66 | 2. A municipality that does not qualify as a dense urban |
67 | land area pursuant to s. 163.3164 may designate in its local |
68 | comprehensive plan the following areas as transportation |
69 | concurrency exception areas: |
70 | a. Urban infill as defined in s. 163.3164; |
71 | b. Community redevelopment areas as defined in s. 163.340; |
72 | c. Downtown revitalization areas as defined in s. |
73 | 163.3164; |
74 | d. Urban infill and redevelopment under s. 163.2517; or |
75 | e. Urban service areas as defined in s. 163.3164 or areas |
76 | within a designated urban service boundary under s. |
77 | 163.3177(14). |
78 | f. Brownfield areas designated under s. 376.80. |
79 | 3. A county that does not qualify as a dense urban land |
80 | area pursuant to s. 163.3164 may designate in its local |
81 | comprehensive plan the following areas as transportation |
82 | concurrency exception areas: |
83 | a. Urban infill as defined in s. 163.3164; |
84 | b. Urban infill and redevelopment under s. 163.2517; or |
85 | c. Urban service areas as defined in s. 163.3164. |
86 | d. Brownfield areas designated under s. 376.80. |
87 | 4. A local government that has a transportation |
88 | concurrency exception area designated pursuant to subparagraph |
89 | 1., subparagraph 2., or subparagraph 3. shall, within 2 years |
90 | after the designated area becomes exempt, adopt into its local |
91 | comprehensive plan land use and transportation strategies to |
92 | support and fund mobility within the exception area, including |
93 | alternative modes of transportation. Local governments are |
94 | encouraged to adopt complementary land use and transportation |
95 | strategies that reflect the region's shared vision for its |
96 | future. If the state land planning agency finds insufficient |
97 | cause for the failure to adopt into its comprehensive plan land |
98 | use and transportation strategies to support and fund mobility |
99 | within the designated exception area after 2 years, it shall |
100 | submit the finding to the Administration Commission, which may |
101 | impose any of the sanctions set forth in s. 163.3184(11)(a) and |
102 | (b) against the local government. |
103 | 5. Transportation concurrency exception areas designated |
104 | pursuant to subparagraph 1., subparagraph 2., or subparagraph 3. |
105 | do not apply to designated transportation concurrency districts |
106 | located within a county that has a population of at least 1.5 |
107 | million, has implemented and uses a transportation-related |
108 | concurrency assessment to support alternative modes of |
109 | transportation, including, but not limited to, mass transit, and |
110 | does not levy transportation impact fees within the concurrency |
111 | district. |
112 | 6. Transportation concurrency exception areas designated |
113 | under subparagraph 1., subparagraph 2., or subparagraph 3. do |
114 | not apply in any county that has exempted more than 40 percent |
115 | of the area inside the urban service area from transportation |
116 | concurrency for the purpose of urban infill. |
117 | 7. A local government that does not have a transportation |
118 | concurrency exception area designated pursuant to subparagraph |
119 | 1., subparagraph 2., or subparagraph 3. may grant an exception |
120 | from the concurrency requirement for transportation facilities |
121 | if the proposed development is otherwise consistent with the |
122 | adopted local government comprehensive plan and is a project |
123 | that promotes public transportation or is located within an area |
124 | designated in the comprehensive plan for: |
125 | a. Urban infill development; |
126 | b. Urban redevelopment; |
127 | c. Downtown revitalization; |
128 | d. Urban infill and redevelopment under s. 163.2517; or |
129 | e. An urban service area specifically designated as a |
130 | transportation concurrency exception area which includes lands |
131 | appropriate for compact, contiguous urban development, which |
132 | does not exceed the amount of land needed to accommodate the |
133 | projected population growth at densities consistent with the |
134 | adopted comprehensive plan within the 10-year planning period, |
135 | and which is served or is planned to be served with public |
136 | facilities and services as provided by the capital improvements |
137 | element. |
138 | f. Brownfield areas designated under s. 376.80. |
139 | (c) The Legislature also finds that developments located |
140 | within urban infill, urban redevelopment, urban service, or |
141 | downtown revitalization areas, |
142 | infill and redevelopment areas under s. 163.2517, and brownfield |
143 | areas designated under s. 376.80, which pose only special part- |
144 | time demands on the transportation system, are exempt from the |
145 | concurrency requirement for transportation facilities. A special |
146 | part-time demand is one that does not have more than 200 |
147 | scheduled events during any calendar year and does not affect |
148 | the 100 highest traffic volume hours. |
149 | (18) For any brownfield area designated pursuant to s. |
150 | 376.80 not otherwise exempt from concurrency requirements, after |
151 | a development located in such brownfield area has been deemed to |
152 | satisfy concurrency requirements, the development shall not be |
153 | required to take any further action to maintain compliance with |
154 | concurrency requirements, provided the development is subject to |
155 | a brownfield site rehabilitation agreement and remains in |
156 | compliance with all requirements of such agreement and the |
157 | density, intensity, and uses approved for the development do not |
158 | change. |
159 | Section 2. Paragraph (o) of subsection (5) of section |
160 | 212.08, Florida Statutes, is amended to read: |
161 | 212.08 Sales, rental, use, consumption, distribution, and |
162 | storage tax; specified exemptions.-The sale at retail, the |
163 | rental, the use, the consumption, the distribution, and the |
164 | storage to be used or consumed in this state of the following |
165 | are hereby specifically exempt from the tax imposed by this |
166 | chapter. |
167 | (5) EXEMPTIONS; ACCOUNT OF USE.- |
168 | (o) Building materials in redevelopment projects.- |
169 | 1. As used in this paragraph, the term: |
170 | a. "Building materials" means tangible personal property |
171 | that becomes a component part of a housing project or a mixed- |
172 | use project. |
173 | b. "Housing project" means the conversion of an existing |
174 | manufacturing or industrial building to housing units in an |
175 | urban high-crime area, enterprise zone, empowerment zone, Front |
176 | Porch Community, designated brownfield area, or urban infill |
177 | area and in which the developer agrees to set aside at least 20 |
178 | percent of the housing units in the project for low-income and |
179 | moderate-income persons or the construction in a designated |
180 | brownfield area of affordable housing for persons described in |
181 | s. 420.0004(8), (10), (11), or (15) or in s. 159.603(7). |
182 | c. "Mixed-use project" means the conversion of an existing |
183 | manufacturing or industrial building to mixed-use units that |
184 | include artists' studios, art and entertainment services, or |
185 | other compatible uses. A mixed-use project must be located in an |
186 | urban high-crime area, enterprise zone, empowerment zone, Front |
187 | Porch Community, designated brownfield area, or urban infill |
188 | area, and the developer must agree to set aside at least 20 |
189 | percent of the square footage of the project for low-income and |
190 | moderate-income housing. Notwithstanding this sub-subparagraph, |
191 | a mixed-use project may also mean the construction in a |
192 | designated brownfield area of mixed-use units that include |
193 | residential, commercial, or other compatible or permitted uses. |
194 | d. "Substantially completed" has the same meaning as |
195 | provided in s. 192.042(1). |
196 | 2. Building materials used in the construction of a |
197 | housing project or mixed-use project are exempt from the tax |
198 | imposed by this chapter upon an affirmative showing to the |
199 | satisfaction of the department that the requirements of this |
200 | paragraph have been met. This exemption inures to the owner |
201 | through a refund of previously paid taxes. To receive this |
202 | refund, the owner must file an application under oath with the |
203 | department which includes: |
204 | a. The name and address of the owner. |
205 | b. The address and assessment roll parcel number of the |
206 | project for which a refund is sought. |
207 | c. A copy of the building permit issued for the project. |
208 | d. A certification by the local building code inspector |
209 | that the project is substantially completed. |
210 | e. A sworn statement, under penalty of perjury, from the |
211 | general contractor licensed in this state with whom the owner |
212 | contracted to construct the project, which statement lists the |
213 | building materials used in the construction of the project and |
214 | the actual cost thereof, and the amount of sales tax paid on |
215 | these materials. If a general contractor was not used, the owner |
216 | shall provide this information in a sworn statement, under |
217 | penalty of perjury. Copies of invoices evidencing payment of |
218 | sales tax must be attached to the sworn statement. |
219 | 3. An application for a refund under this paragraph must |
220 | be submitted to the department within 6 months after the date |
221 | the project is deemed to be substantially completed by the local |
222 | building code inspector. Within 30 working days after receipt of |
223 | the application, the department shall determine if it meets the |
224 | requirements of this paragraph. A refund approved pursuant to |
225 | this paragraph shall be made within 30 days after formal |
226 | approval of the application by the department. |
227 | 4. The department shall establish by rule an application |
228 | form and criteria for establishing eligibility for exemption |
229 | under this paragraph. |
230 | 5. The exemption shall apply to purchases of materials on |
231 | or after July 1, 2000. |
232 | Section 3. Subsection (4) is added to section 220.1845, |
233 | Florida Statutes, to read: |
234 | 220.1845 Contaminated site rehabilitation tax credit.- |
235 | (4) APPLICATION FOR CREDIT.-As provided in s. |
236 | 376.30781(2), and notwithstanding any other provision of this |
237 | section, any tax credit application may claim annual site |
238 | rehabilitation costs pursuant to this section or s. 376.30781 |
239 | for site rehabilitation costs incurred in the calendar year |
240 | prior to submission of the application, provided such costs are |
241 | paid in the calendar year in which the site rehabilitation |
242 | activities were performed or were paid prior to the submission |
243 | of the application by January 31 of the year in which the |
244 | application is submitted. |
245 | Section 4. Paragraph (e) of subsection (1) and paragraphs |
246 | (a) and (b) of subsection (3) of section 288.107, Florida |
247 | Statutes, are amended to read: |
248 | 288.107 Brownfield redevelopment bonus refunds.- |
249 | (1) DEFINITIONS.-As used in this section: |
250 | (e) "Eligible business" means: |
251 | 1. A qualified target industry business as defined in s. |
252 | 288.106(1)(o); or |
253 | 2. A business that can demonstrate a fixed capital |
254 | investment of at least $2 million in brownfield areas, including |
255 | mixed-use business |
256 | commercial, retail, and industrial activities, or a business |
257 | that can demonstrate a fixed capital investment of at least |
258 | $500,000 and creates between 5 and 50 jobs in mixed-use |
259 | business, multiunit housing, commercial, retail, or industrial |
260 | activities in brownfield areas |
261 | brownfield site subject to a |
262 | agreement |
263 | provides benefits to its employees. |
264 | (3) CRITERIA.-The minimum criteria for participation in |
265 | the brownfield redevelopment bonus refund are: |
266 | (a) The creation of at least 5 |
267 | jobs. Such jobs shall not include construction or site |
268 | rehabilitation jobs associated with the implementation of a |
269 | brownfield site agreement as described in s. 376.80(5). |
270 | (b) The completion of a fixed capital investment of at |
271 | least $2 million in brownfield areas, including mixed-use |
272 | business |
273 | retail, and industrial activities in brownfield areas, or a |
274 | business that can demonstrate a fixed capital investment of at |
275 | least $500,000 and creates between 5 and 50 jobs in mixed-use |
276 | business, multiunit housing, commercial, retail, or industrial |
277 | activities in brownfield areas or at least $500,000 on a |
278 | brownfield site subject to a brownfield site rehabilitation |
279 | agreement |
280 | business applying for a refund under paragraph (2)(b) that |
281 | provides benefits to its employees. |
282 | Section 5. Subsection (2) of section 376.30781, Florida |
283 | Statutes, is amended to read: |
284 | 376.30781 Tax credits for rehabilitation of drycleaning- |
285 | solvent-contaminated sites and brownfield sites in designated |
286 | brownfield areas; application process; rulemaking authority; |
287 | revocation authority.- |
288 | (2) Notwithstanding the requirements of subsection (5), |
289 | tax credits allowed pursuant to s. 220.1845 are available for |
290 | site rehabilitation or solid waste removal conducted during the |
291 | calendar year in which the applicable voluntary cleanup |
292 | agreement or brownfield site rehabilitation agreement is |
293 | executed, even if the site rehabilitation or solid waste removal |
294 | is conducted prior to the execution of that agreement or the |
295 | designation of the brownfield area. Notwithstanding any other |
296 | provision of this section, any tax credit application claiming |
297 | annual brownfield site rehabilitation costs pursuant to this |
298 | section for such costs incurred in the calendar year prior to |
299 | submission of the application may claim such costs in the |
300 | application, provided such costs are paid in the calendar year |
301 | in which the brownfield site rehabilitation activities were |
302 | performed or were paid prior to the submission of the |
303 | application by January 31 of the year in which the application |
304 | is submitted. |
305 | Section 6. Section 376.85, Florida Statutes, is amended to |
306 | read: |
307 | 376.85 Annual report.-The Department of Environmental |
308 | Protection shall prepare and submit |
309 | President of the Senate and the Speaker of the House of |
310 | Representatives by February 1 of each year a report that |
311 | |
312 | but is not |
313 | brownfield sites |
314 | of this act, |
315 | to a negotiated site rehabilitation agreement with the |
316 | department or a delegated local program, |
317 | cleanup target levels have been established pursuant to s. |
318 | 376.81(1)(g)3., |
319 | control strategies are being employed as conditions of a "no |
320 | further action order" to maintain the protections provided in s. |
321 | 376.81(1)(g)1. and 2. Based upon such information, the report |
322 | shall also include recommendations for potential improvements to |
323 | the brownfield program established under ss. 376.77-376.86 in |
324 | order to achieve the legislative intent and goals and objectives |
325 | set forth in s. 376.78. |
326 | Section 7. Subsection (12) is added to section 403.1835, |
327 | Florida Statutes, to read: |
328 | 403.1835 Water pollution control financial assistance.- |
329 | (12) For purposes of determining priority under subsection |
330 | (7), eligible projects located within a brownfield site with an |
331 | executed brownfield site rehabilitation agreement under s. |
332 | 376.80 shall be deemed to eliminate public health hazards if the |
333 | project: |
334 | (a) Removes, mitigates, or prevents adverse effects on |
335 | surface water or groundwater arising out of or caused by |
336 | contamination located on, migrating from, or in the brownfield |
337 | site; or |
338 | (b) Improves surface water management facilities or |
339 | infrastructure and facilitates remediation or redevelopment of |
340 | the brownfield site. |
341 | Section 8. Paragraph (a) of subsection (9) of section |
342 | 403.8532, Florida Statutes, is amended to read: |
343 | 403.8532 Drinking water state revolving loan fund; use; |
344 | rules.- |
345 | (9) The department is authorized to make rules necessary |
346 | to carry out the purposes of this section and the federal Safe |
347 | Drinking Water Act, as amended. Such rules shall: |
348 | (a) Set forth a priority system for loans based on public |
349 | health considerations, compliance with state and federal |
350 | requirements relating to public drinking water systems, and |
351 | affordability. The priority system shall give special |
352 | consideration to the following: |
353 | 1. Projects that provide for the development of |
354 | alternative drinking water supply projects and management |
355 | techniques in areas where existing source waters are limited or |
356 | threatened by saltwater intrusion, excessive drawdowns, |
357 | contamination, or other problems; |
358 | 2. Projects that provide for a dependable, sustainable |
359 | supply of drinking water and that are not otherwise financially |
360 | feasible; and |
361 | 3. Projects that contribute to the sustainability of |
362 | regional water sources. |
363 | 4. Projects that are related to or otherwise encourage the |
364 | remediation or redevelopment of a brownfield site with an |
365 | executed brownfield site rehabilitation agreement under s. |
366 | 376.80. |
367 | Section 9. This act shall take effect July 1, 2010. |
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