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.