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
A bill to be entitled
2An act relating to brownfields development; amending s.
3163.3180, F.S.; authorizing waiver of certain concurrency
4requirements for certain brownfield sites; authorizing
5designation of certain brownfield areas as transportation
6concurrency exception areas; providing for exempting
7certain brownfield areas from concurrency requirements for
8transportation facilities; exempting certain developments
9in certain brownfield areas from compliance with
10concurrency requirements under certain circumstances;
11amending s. 212.08, F.S.; expanding the definition of
12"mixed-use project" applicable to a building materials tax
13exemption; amending s. 220.1845, F.S.; providing
14requirements for claiming certain site rehabilitation
15costs in applications for a contaminated site
16rehabilitation tax credit; amending s. 288.107, F.S.;
17revising a definition; revising criteria for an eligible
18business for purposes of brownfield redevelopment bonus
19refunds; amending s. 376.30781, F.S.; providing
20requirements for claiming certain site rehabilitation
21costs in applications for a brownfield site rehabilitation
22tax credit; amending s. 376.85, F.S.; specifying
23additional requirements for an annual report to the
24Legislature; amending s. 403.1835, F.S.; specifying
25criteria for deeming certain brownfield site projects as
26eliminating public health hazards for certain purposes;
27amending s. 403.8532, F.S.; expanding the types of
28projects given consideration under a priority system for
29certain loans under the Florida Safe Drinking Water Act;
30providing an effective date.
31
32Be 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
36Statutes, are amended, and subsection (18) is added to that
37section, to read:
38 163.3180 Concurrency.-
39 (4)
40 (c) The concurrency requirement, except as it relates to
41transportation facilities and public schools, as implemented in
42local government comprehensive plans, may be waived by a local
43government for urban infill and redevelopment areas designated
44pursuant to s. 163.2517 and for brownfield sites subject to a
45brownfield site rehabilitation agreement under s. 376.80 if such
46a waiver does not endanger public health or safety as defined by
47the local government in its local government comprehensive plan.
48The waiver shall be adopted as a plan amendment pursuant to the
49process set forth in s. 163.3187(3)(a). A local government may
50grant a concurrency exception pursuant to subsection (5) for
51transportation facilities located within these urban infill and
52redevelopment areas.
53 (5)
54 (b)1. The following are transportation concurrency
55exception areas:
56 a. A municipality that qualifies as a dense urban land
57area under s. 163.3164;
58 b. An urban service area under s. 163.3164 that has been
59adopted into the local comprehensive plan and is located within
60a county that qualifies as a dense urban land area under s.
61163.3164; and
62 c. A county, including the municipalities located therein,
63which has a population of at least 900,000 and qualifies as a
64dense urban land area under s. 163.3164, but does not have an
65urban service area designated in the local comprehensive plan.
66 2. A municipality that does not qualify as a dense urban
67land area pursuant to s. 163.3164 may designate in its local
68comprehensive plan the following areas as transportation
69concurrency 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.
73163.3164;
74 d. Urban infill and redevelopment under s. 163.2517; or
75 e. Urban service areas as defined in s. 163.3164 or areas
76within a designated urban service boundary under s.
77163.3177(14).
78 f. Brownfield areas designated under s. 376.80.
79 3. A county that does not qualify as a dense urban land
80area pursuant to s. 163.3164 may designate in its local
81comprehensive plan the following areas as transportation
82concurrency 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
88concurrency exception area designated pursuant to subparagraph
891., subparagraph 2., or subparagraph 3. shall, within 2 years
90after the designated area becomes exempt, adopt into its local
91comprehensive plan land use and transportation strategies to
92support and fund mobility within the exception area, including
93alternative modes of transportation. Local governments are
94encouraged to adopt complementary land use and transportation
95strategies that reflect the region's shared vision for its
96future. If the state land planning agency finds insufficient
97cause for the failure to adopt into its comprehensive plan land
98use and transportation strategies to support and fund mobility
99within the designated exception area after 2 years, it shall
100submit the finding to the Administration Commission, which may
101impose 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
104pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
105do not apply to designated transportation concurrency districts
106located within a county that has a population of at least 1.5
107million, has implemented and uses a transportation-related
108concurrency assessment to support alternative modes of
109transportation, including, but not limited to, mass transit, and
110does not levy transportation impact fees within the concurrency
111district.
112 6. Transportation concurrency exception areas designated
113under subparagraph 1., subparagraph 2., or subparagraph 3. do
114not apply in any county that has exempted more than 40 percent
115of the area inside the urban service area from transportation
116concurrency for the purpose of urban infill.
117 7. A local government that does not have a transportation
118concurrency exception area designated pursuant to subparagraph
1191., subparagraph 2., or subparagraph 3. may grant an exception
120from the concurrency requirement for transportation facilities
121if the proposed development is otherwise consistent with the
122adopted local government comprehensive plan and is a project
123that promotes public transportation or is located within an area
124designated 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
130transportation concurrency exception area which includes lands
131appropriate for compact, contiguous urban development, which
132does not exceed the amount of land needed to accommodate the
133projected population growth at densities consistent with the
134adopted comprehensive plan within the 10-year planning period,
135and which is served or is planned to be served with public
136facilities and services as provided by the capital improvements
137element.
138 f. Brownfield areas designated under s. 376.80.
139 (c) The Legislature also finds that developments located
140within urban infill, urban redevelopment, urban service, or
141downtown revitalization areas, or areas designated as urban
142infill and redevelopment areas under s. 163.2517, and brownfield
143areas designated under s. 376.80, which pose only special part-
144time demands on the transportation system, are exempt from the
145concurrency requirement for transportation facilities. A special
146part-time demand is one that does not have more than 200
147scheduled events during any calendar year and does not affect
148the 100 highest traffic volume hours.
149 (18) For any brownfield area designated pursuant to s.
150376.80 not otherwise exempt from concurrency requirements, after
151a development located in such brownfield area has been deemed to
152satisfy concurrency requirements, the development shall not be
153required to take any further action to maintain compliance with
154concurrency requirements, provided the development is subject to
155a brownfield site rehabilitation agreement and remains in
156compliance with all requirements of such agreement and the
157density, intensity, and uses approved for the development do not
158change.
159 Section 2. Paragraph (o) of subsection (5) of section
160212.08, Florida Statutes, is amended to read:
161 212.08 Sales, rental, use, consumption, distribution, and
162storage tax; specified exemptions.-The sale at retail, the
163rental, the use, the consumption, the distribution, and the
164storage to be used or consumed in this state of the following
165are hereby specifically exempt from the tax imposed by this
166chapter.
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
171that becomes a component part of a housing project or a mixed-
172use project.
173 b. "Housing project" means the conversion of an existing
174manufacturing or industrial building to housing units in an
175urban high-crime area, enterprise zone, empowerment zone, Front
176Porch Community, designated brownfield area, or urban infill
177area and in which the developer agrees to set aside at least 20
178percent of the housing units in the project for low-income and
179moderate-income persons or the construction in a designated
180brownfield area of affordable housing for persons described in
181s. 420.0004(8), (10), (11), or (15) or in s. 159.603(7).
182 c. "Mixed-use project" means the conversion of an existing
183manufacturing or industrial building to mixed-use units that
184include artists' studios, art and entertainment services, or
185other compatible uses. A mixed-use project must be located in an
186urban high-crime area, enterprise zone, empowerment zone, Front
187Porch Community, designated brownfield area, or urban infill
188area, and the developer must agree to set aside at least 20
189percent of the square footage of the project for low-income and
190moderate-income housing. Notwithstanding this sub-subparagraph,
191a mixed-use project may also mean the construction in a
192designated brownfield area of mixed-use units that include
193residential, commercial, or other compatible or permitted uses.
194 d. "Substantially completed" has the same meaning as
195provided in s. 192.042(1).
196 2. Building materials used in the construction of a
197housing project or mixed-use project are exempt from the tax
198imposed by this chapter upon an affirmative showing to the
199satisfaction of the department that the requirements of this
200paragraph have been met. This exemption inures to the owner
201through a refund of previously paid taxes. To receive this
202refund, the owner must file an application under oath with the
203department which includes:
204 a. The name and address of the owner.
205 b. The address and assessment roll parcel number of the
206project 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
209that the project is substantially completed.
210 e. A sworn statement, under penalty of perjury, from the
211general contractor licensed in this state with whom the owner
212contracted to construct the project, which statement lists the
213building materials used in the construction of the project and
214the actual cost thereof, and the amount of sales tax paid on
215these materials. If a general contractor was not used, the owner
216shall provide this information in a sworn statement, under
217penalty of perjury. Copies of invoices evidencing payment of
218sales tax must be attached to the sworn statement.
219 3. An application for a refund under this paragraph must
220be submitted to the department within 6 months after the date
221the project is deemed to be substantially completed by the local
222building code inspector. Within 30 working days after receipt of
223the application, the department shall determine if it meets the
224requirements of this paragraph. A refund approved pursuant to
225this paragraph shall be made within 30 days after formal
226approval of the application by the department.
227 4. The department shall establish by rule an application
228form and criteria for establishing eligibility for exemption
229under this paragraph.
230 5. The exemption shall apply to purchases of materials on
231or after July 1, 2000.
232 Section 3. Subsection (4) is added to section 220.1845,
233Florida Statutes, to read:
234 220.1845 Contaminated site rehabilitation tax credit.-
235 (4) APPLICATION FOR CREDIT.-As provided in s.
236376.30781(2), and notwithstanding any other provision of this
237section, any tax credit application may claim annual site
238rehabilitation costs pursuant to this section or s. 376.30781
239for site rehabilitation costs incurred in the calendar year
240prior to submission of the application, provided such costs are
241paid in the calendar year in which the site rehabilitation
242activities were performed or were paid prior to the submission
243of the application by January 31 of the year in which the
244application is submitted.
245 Section 4. Paragraph (e) of subsection (1) and paragraphs
246(a) and (b) of subsection (3) of section 288.107, Florida
247Statutes, 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.
252288.106(1)(o); or
253 2. A business that can demonstrate a fixed capital
254investment of at least $2 million in brownfield areas, including
255mixed-use business activities, including multiunit housing,
256commercial, retail, and industrial activities, or a business
257that can demonstrate a fixed capital investment of at least
258$500,000 and creates between 5 and 50 jobs in mixed-use
259business, multiunit housing, commercial, retail, or industrial
260activities in brownfield areas, or at least $500,000 on a
261brownfield site subject to a in brownfield site rehabilitation
262agreement areas that do not require site cleanup, and that which
263provides benefits to its employees.
264 (3) CRITERIA.-The minimum criteria for participation in
265the brownfield redevelopment bonus refund are:
266 (a) The creation of at least 5 10 new full-time permanent
267jobs. Such jobs shall not include construction or site
268rehabilitation jobs associated with the implementation of a
269brownfield site agreement as described in s. 376.80(5).
270 (b) The completion of a fixed capital investment of at
271least $2 million in brownfield areas, including mixed-use
272business activities, including multiunit housing, commercial,
273retail, and industrial activities in brownfield areas, or a
274business that can demonstrate a fixed capital investment of at
275least $500,000 and creates between 5 and 50 jobs in mixed-use
276business, multiunit housing, commercial, retail, or industrial
277activities in brownfield areas or at least $500,000 on a in
278brownfield site subject to a brownfield site rehabilitation
279agreement areas that do not require site cleanup, by an eligible
280business applying for a refund under paragraph (2)(b) that which
281provides benefits to its employees.
282 Section 5. Subsection (2) of section 376.30781, Florida
283Statutes, is amended to read:
284 376.30781 Tax credits for rehabilitation of drycleaning-
285solvent-contaminated sites and brownfield sites in designated
286brownfield areas; application process; rulemaking authority;
287revocation authority.-
288 (2) Notwithstanding the requirements of subsection (5),
289tax credits allowed pursuant to s. 220.1845 are available for
290site rehabilitation or solid waste removal conducted during the
291calendar year in which the applicable voluntary cleanup
292agreement or brownfield site rehabilitation agreement is
293executed, even if the site rehabilitation or solid waste removal
294is conducted prior to the execution of that agreement or the
295designation of the brownfield area. Notwithstanding any other
296provision of this section, any tax credit application claiming
297annual brownfield site rehabilitation costs pursuant to this
298section for such costs incurred in the calendar year prior to
299submission of the application may claim such costs in the
300application, provided such costs are paid in the calendar year
301in which the brownfield site rehabilitation activities were
302performed or were paid prior to the submission of the
303application by January 31 of the year in which the application
304is submitted.
305 Section 6. Section 376.85, Florida Statutes, is amended to
306read:
307 376.85 Annual report.-The Department of Environmental
308Protection shall prepare and submit an annual report to the
309President of the Senate and the Speaker of the House of
310Representatives by February 1 of each year a report that
311Legislature, beginning in December 1998, which shall include,
312but is not be limited to, the number, size, and locations of
313brownfield sites: that have been remediated under the provisions
314of this act,; that are currently under rehabilitation pursuant
315to a negotiated site rehabilitation agreement with the
316department or a delegated local program,; where alternative
317cleanup target levels have been established pursuant to s.
318376.81(1)(g)3.,; and, where engineering and institutional
319control strategies are being employed as conditions of a "no
320further action order" to maintain the protections provided in s.
321376.81(1)(g)1. and 2. Based upon such information, the report
322shall also include recommendations for potential improvements to
323the brownfield program established under ss. 376.77-376.86 in
324order to achieve the legislative intent and goals and objectives
325set forth in s. 376.78.
326 Section 7. Subsection (12) is added to section 403.1835,
327Florida 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
331executed brownfield site rehabilitation agreement under s.
332376.80 shall be deemed to eliminate public health hazards if the
333project:
334 (a) Removes, mitigates, or prevents adverse effects on
335surface water or groundwater arising out of or caused by
336contamination located on, migrating from, or in the brownfield
337site; or
338 (b) Improves surface water management facilities or
339infrastructure and facilitates remediation or redevelopment of
340the brownfield site.
341 Section 8. Paragraph (a) of subsection (9) of section
342403.8532, Florida Statutes, is amended to read:
343 403.8532 Drinking water state revolving loan fund; use;
344rules.-
345 (9) The department is authorized to make rules necessary
346to carry out the purposes of this section and the federal Safe
347Drinking Water Act, as amended. Such rules shall:
348 (a) Set forth a priority system for loans based on public
349health considerations, compliance with state and federal
350requirements relating to public drinking water systems, and
351affordability. The priority system shall give special
352consideration to the following:
353 1. Projects that provide for the development of
354alternative drinking water supply projects and management
355techniques in areas where existing source waters are limited or
356threatened by saltwater intrusion, excessive drawdowns,
357contamination, or other problems;
358 2. Projects that provide for a dependable, sustainable
359supply of drinking water and that are not otherwise financially
360feasible; and
361 3. Projects that contribute to the sustainability of
362regional water sources.
363 4. Projects that are related to or otherwise encourage the
364remediation or redevelopment of a brownfield site with an
365executed brownfield site rehabilitation agreement under s.
366376.80.
367 Section 9. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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