Bill Text: FL S1126 | 2010 | Regular Session | Engrossed

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Bill Title: Permitting [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-30 - Read 3rd time -SJ 01249; Amendment(s) adopted (640332) -SJ 01249; Substituted CS/HB 7129 -SJ 01249; Laid on Table, companion bill(s) passed, see CS/HB 7129 (Ch. 2010-182), CS/HB 7179 (Ch. 2010-139), CS/CS/CS/SB 550 (Ch. 2010-205) -SJ 01249 [S1126 Detail]

Download: Florida-2010-S1126-Engrossed.html

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CS for SB 1126                                   First Engrossed 
20101126e1 
1 
2                        A bill to be entitled 
3         An act relating to permitting; amending ss. 220.1845 
4         and 376.30781, F.S.; providing requirements for 
5         claiming certain site rehabilitation costs in 
6         applications for contaminated site rehabilitation tax 
7         credits; conforming cross-references; amending s. 
8         376.85, F.S.; revising requirements for the Department 
9         of Environmental Protection’s annual report regarding 
10         site rehabilitation; amending s. 403.973, F.S.; 
11         clarifying duties of the Office of Tourism, Trade, and 
12         Economic Development to approve expedited permitting 
13         and comprehensive plan amendments; providing 
14         additional authority to the Secretary of Environmental 
15         Protection; revising criteria for businesses 
16         submitting permit applications or local comprehensive 
17         plan amendments; providing that permit applications 
18         and local comprehensive plan amendments for specified 
19         biofuel and renewable energy projects are eligible for 
20         the expedited permitting process; providing for the 
21         establishment of regional permit action teams through 
22         the execution of memoranda of agreement developed by 
23         permit applicants and the secretary; providing for the 
24         appeal of a local government’s approval of an 
25         expedited permit or comprehensive plan amendment; 
26         requiring such appeals to be consolidated with 
27         challenges to state agency actions; specifying the 
28         form of the memoranda of agreement developed by the 
29         secretary; revising the deadline by which certain 
30         final orders must be issued; specifying additional 
31         requirements for recommended orders; providing for 
32         challenges to state agency action related to expedited 
33         permitting for specified renewable energy projects; 
34         revising provisions relating to the review of sites 
35         proposed for the location of facilities eligible for 
36         the Innovation Incentive Program; providing that 
37         electrical power projects using renewable fuels are 
38         eligible for expedited review; providing legislative 
39         findings; requiring that the Department of Community 
40         Affairs and the Office of Tourism, Trade, and Economic 
41         Development, in consultation with the Florida Energy 
42         and Climate Commission, submit recommendations to the 
43         Governor and Legislature relating to the Energy 
44         Economic Zone Pilot Program; requiring coordination 
45         with the pilot communities and clean technology 
46         industries in developing certain recommendations; 
47         providing an effective date. 
48 
49  Be It Enacted by the Legislature of the State of Florida: 
50 
51         Section 1. Present subsections (1), (2), and (3) of section 
52  220.1845, Florida Statutes, are renumbered as subsections (2), 
53  (3), and (4), respectively, and a new subsection (1) is added to 
54  that section, to read: 
55         220.1845 Contaminated site rehabilitation tax credit.— 
56         (1) APPLICATION FOR TAX CREDIT.—A site rehabilitation 
57  application must be received by the Division of Waste Management 
58  of the Department of Environmental Protection by January 31 of 
59  the year after the calendar year for which site rehabilitation 
60  costs are being claimed in a tax credit application. All site 
61  rehabilitation costs claimed must have been for work conducted 
62  between January 1 and December 31 of the year for which the 
63  application is being submitted. All payment requests must be 
64  received and all costs must be paid before submission of the tax 
65  credit application, but no later than January 31 of the year 
66  after the calendar year for which site rehabilitation costs are 
67  claimed. 
68         Section 2. Paragraph (a) of subsection (5), paragraph (c) 
69  of subsection (6), and subsections (9) and (10) of section 
70  376.30781, Florida Statutes, are amended to read: 
71         376.30781 Tax credits for rehabilitation of drycleaning 
72  solvent-contaminated sites and brownfield sites in designated 
73  brownfield areas; application process; rulemaking authority; 
74  revocation authority.— 
75         (5) To claim the credit for site rehabilitation or solid 
76  waste removal, each tax credit applicant must apply to the 
77  Department of Environmental Protection for an allocation of the 
78  $2 million annual credit by filing a tax credit application with 
79  the Division of Waste Management on a form developed by the 
80  Department of Environmental Protection in cooperation with the 
81  Department of Revenue. The form shall include an affidavit from 
82  each tax credit applicant certifying that all information 
83  contained in the application, including all records of costs 
84  incurred and claimed in the tax credit application, are true and 
85  correct. If the application is submitted pursuant to 
86  subparagraph (3)(a)2., the form must include an affidavit signed 
87  by the real property owner stating that it is not, and has never 
88  been, the owner or operator of the drycleaning facility where 
89  the contamination exists. Approval of tax credits must be 
90  accomplished on a first-come, first-served basis based upon the 
91  date and time complete applications are received by the Division 
92  of Waste Management, subject to the limitations of subsection 
93  (14). To be eligible for a tax credit, the tax credit applicant 
94  must: 
95         (a) For site rehabilitation tax credits, have entered into 
96  a voluntary cleanup agreement with the Department of 
97  Environmental Protection for a drycleaning-solvent-contaminated 
98  site or a Brownfield Site Rehabilitation Agreement, as 
99  applicable, and have paid all deductibles pursuant to s. 
100  376.3078(3)(e) for eligible drycleaning-solvent-cleanup program 
101  sites, as applicable. A site rehabilitation tax credit applicant 
102  must submit only a single completed application per site for 
103  each calendar year’s site rehabilitation costs. A site 
104  rehabilitation application must be received by the Division of 
105  Waste Management of the Department of Environmental Protection 
106  by January 31 of the year after the calendar year for which site 
107  rehabilitation costs are being claimed in a tax credit 
108  application. All site rehabilitation costs claimed must have 
109  been for work conducted between January 1 and December 31 of the 
110  year for which the application is being submitted. All payment 
111  requests must be received and all costs must be paid before 
112  submission of the tax credit application, but no later than 
113  January 31 of the year after the calendar year for which site 
114  rehabilitation costs are claimed. 
115         (6) To obtain the tax credit certificate, the tax credit 
116  applicant must provide all pertinent information requested on 
117  the tax credit application form, including, at a minimum, the 
118  name and address of the tax credit applicant and the address and 
119  tracking identification number of the eligible site. Along with 
120  the tax credit application form, the tax credit applicant must 
121  submit the following: 
122         (c) Proof that the documentation submitted pursuant to 
123  paragraph (b) has been reviewed and verified by an independent 
124  certified public accountant in accordance with standards 
125  established by the American Institute of Certified Public 
126  Accountants. Specifically, a certified public accountant’s 
127  report must be submitted and the certified public accountant 
128  must attest to the accuracy and validity of the costs claimed 
129  incurred and paid during the time period covered in the 
130  application by conducting an independent review of the data 
131  presented by the tax credit applicant. Accuracy and validity of 
132  costs incurred and paid shall be determined after the level of 
133  effort is certified by an appropriate professional registered in 
134  this state in each contributing technical discipline. The 
135  certified public accountant’s report must also attest that the 
136  costs included in the application form are not duplicated within 
137  the application, that all payment requests were received and all 
138  costs were paid before submission of the tax credit application, 
139  and, for site rehabilitation tax credits, that all costs claimed 
140  are for work conducted between January 1 and December 31 of the 
141  year for which the application is submitted. A copy of the 
142  accountant’s report shall be submitted to the Department of 
143  Environmental Protection in addition to the accountant’s 
144  certification form in the tax credit application; and 
145         (9) On or before May 1, the Department of Environmental 
146  Protection shall inform each tax credit applicant that is 
147  subject to the January 31 annual application deadline of the 
148  applicant’s eligibility status and the amount of any tax credit 
149  due. The department shall provide each eligible tax credit 
150  applicant with a tax credit certificate that must be submitted 
151  with its tax return to the Department of Revenue to claim the 
152  tax credit or be transferred pursuant to s. 220.1845(2)(g) s. 
153  220.1845(1)(g). The May 1 deadline for annual site 
154  rehabilitation tax credit certificate awards shall not apply to 
155  any tax credit application for which the department has issued a 
156  notice of deficiency pursuant to subsection (8). The department 
157  shall respond within 90 days after receiving a response from the 
158  tax credit applicant to such a notice of deficiency. Credits may 
159  not result in the payment of refunds if total credits exceed the 
160  amount of tax owed. 
161         (10) For solid waste removal, new health care facility or 
162  health care provider, and affordable housing tax credit 
163  applications, the Department of Environmental Protection shall 
164  inform the applicant of the department’s determination within 90 
165  days after the application is deemed complete. Each eligible tax 
166  credit applicant shall be informed of the amount of its tax 
167  credit and provided with a tax credit certificate that must be 
168  submitted with its tax return to the Department of Revenue to 
169  claim the tax credit or be transferred pursuant to s. 
170  220.1845(2)(g) s. 220.1845(1)(g). Credits may not result in the 
171  payment of refunds if total credits exceed the amount of tax 
172  owed. 
173         Section 3. Section 376.85, Florida Statutes, is amended to 
174  read: 
175         376.85 Annual report.—The Department of Environmental 
176  Protection shall prepare and submit an annual report to the 
177  President of the Senate and the Speaker of the House of 
178  Representatives by August 1 of each year a report that includes 
179  Legislature, beginning in December 1998, which shall include, 
180  but is not be limited to, the number, size, and locations of 
181  brownfield sites: that have been remediated under the provisions 
182  of this act; that are currently under rehabilitation pursuant to 
183  a negotiated site rehabilitation agreement with the department 
184  or a delegated local program; where alternative cleanup target 
185  levels have been established pursuant to s. 376.81(1)(g)3.; and, 
186  where engineering and institutional control strategies are being 
187  employed as conditions of a “no further action order” to 
188  maintain the protections provided in s. 376.81(1)(g)1. and 2. 
189         Section 4. Section 403.973, Florida Statutes, is amended to 
190  read: 
191         403.973 Expedited permitting; amendments to comprehensive 
192  plans plan amendments.— 
193         (1) It is the intent of the Legislature to encourage and 
194  facilitate the location and expansion of those types of economic 
195  development projects which offer job creation and high wages, 
196  strengthen and diversify the state’s economy, and have been 
197  thoughtfully planned to take into consideration the protection 
198  of the state’s environment. It is also the intent of the 
199  Legislature to provide for an expedited permitting and 
200  comprehensive plan amendment process for such projects. 
201         (2) As used in this section, the term: 
202         (a) “Duly noticed” means publication in a newspaper of 
203  general circulation in the municipality or county with 
204  jurisdiction. The notice shall appear on at least 2 separate 
205  days, one of which shall be at least 7 days before the meeting. 
206  The notice shall state the date, time, and place of the meeting 
207  scheduled to discuss or enact the memorandum of agreement, and 
208  the places within the municipality or county where such proposed 
209  memorandum of agreement may be inspected by the public. The 
210  notice must be one-eighth of a page in size and must be 
211  published in a portion of the paper other than the legal notices 
212  section. The notice shall also advise that interested parties 
213  may appear at the meeting and be heard with respect to the 
214  memorandum of agreement. 
215         (b) “Jobs” means permanent, full-time equivalent positions 
216  not including construction jobs. 
217         (c) “Office” means the Office of Tourism, Trade, and 
218  Economic Development. 
219         (d) “Permit applications” means state permits and licenses, 
220  and at the option of a participating local government, local 
221  development permits or orders. 
222         (e) “Secretary” means the Secretary of Environmental 
223  Protection or his or her designee. 
224         (3)(a) The secretary Governor, through the office, shall 
225  direct the creation of regional permit action teams, for the 
226  purpose of expediting review of permit applications and local 
227  comprehensive plan amendments submitted by: 
228         1. Businesses creating at least 50 100 jobs;, or 
229         2. Businesses creating at least 25 50 jobs if the project 
230  is located in an enterprise zone, or in a county having a 
231  population of fewer less than 75,000 or in a county having a 
232  population of fewer less than 100,000 which is contiguous to a 
233  county having a population of fewer less than 75,000, as 
234  determined by the most recent decennial census, residing in 
235  incorporated and unincorporated areas of the county., or 
236         (b) On a case-by-case basis and at the request of a county 
237  or municipal government, the office may certify as eligible for 
238  expedited review a project not meeting the minimum job creation 
239  thresholds but creating a minimum of 10 jobs. The recommendation 
240  from the governing body of the county or municipality in which 
241  the project may be located is required in order for the office 
242  to certify that any project is eligible for expedited review 
243  under this paragraph. When considering projects that do not meet 
244  the minimum job creation thresholds but that are recommended by 
245  the governing body in which the project may be located, the 
246  office shall consider economic impact factors that include, but 
247  are not limited to: 
248         1. The proposed wage and skill levels relative to those 
249  existing in the area in which the project may be located; 
250         2. The project’s potential to diversify and strengthen the 
251  area’s economy; 
252         3. The amount of capital investment; and 
253         4. The number of jobs that will be made available for 
254  persons served by the welfare transition program. 
255         (c) At the request of a county or municipal government, the 
256  office or a Quick Permitting County may certify projects located 
257  in counties where the ratio of new jobs per participant in the 
258  welfare transition program, as determined by Workforce Florida, 
259  Inc., is less than one or otherwise critical, as eligible for 
260  the expedited permitting process. Such projects must meet the 
261  numerical job creation criteria of this subsection, but the jobs 
262  created by the project do not have to be high-wage jobs that 
263  diversify the state’s economy. 
264         (d) Projects located in a designated brownfield area are 
265  eligible for the expedited permitting process. 
266         (e) Projects that are part of the state-of-the-art 
267  biomedical research institution and campus to be established in 
268  this state by the grantee under s. 288.955 are eligible for the 
269  expedited permitting process, if the projects are designated as 
270  part of the institution or campus by the board of county 
271  commissioners of the county in which the institution and campus 
272  are established. 
273         (f) Projects resulting in the production of biofuels 
274  cultivated on lands that are 1,000 acres or more or the 
275  construction of a biofuel or biodiesel processing facility or a 
276  facility generating renewable energy as defined in s. 
277  366.91(2)(d) are eligible for the expedited permitting process. 
278         (4) The regional teams shall be established through the 
279  execution of memoranda of agreement developed by the applicant 
280  and secretary, with input solicited from between the office and 
281  the respective heads of the Department of Environmental 
282  Protection, the Department of Community Affairs, the Department 
283  of Transportation and its district offices, the Department of 
284  Agriculture and Consumer Services, the Fish and Wildlife 
285  Conservation Commission, appropriate regional planning councils, 
286  appropriate water management districts, and voluntarily 
287  participating municipalities and counties. The memoranda of 
288  agreement should also accommodate participation in this 
289  expedited process by other local governments and federal 
290  agencies as circumstances warrant. 
291         (5) In order to facilitate local government’s option to 
292  participate in this expedited review process, the secretary 
293  office shall, in cooperation with local governments and 
294  participating state agencies, create a standard form memorandum 
295  of agreement. A local government shall hold a duly noticed 
296  public workshop to review and explain to the public the 
297  expedited permitting process and the terms and conditions of the 
298  standard form memorandum of agreement. 
299         (6) The local government shall hold a duly noticed public 
300  hearing to execute a memorandum of agreement for each qualified 
301  project. Notwithstanding any other provision of law, and at the 
302  option of the local government, the workshop provided for in 
303  subsection (5) may be conducted on the same date as the public 
304  hearing held under this subsection. The memorandum of agreement 
305  that a local government signs shall include a provision 
306  identifying necessary local government procedures and time 
307  limits that will be modified to allow for the local government 
308  decision on the project within 90 days. The memorandum of 
309  agreement applies to projects, on a case-by-case basis, that 
310  qualify for special review and approval as specified in this 
311  section. The memorandum of agreement must make it clear that 
312  this expedited permitting and review process does not modify, 
313  qualify, or otherwise alter existing local government 
314  nonprocedural standards for permit applications, unless 
315  expressly authorized by law. 
316         (7) At the option of the participating local government, 
317  Appeals of local government comprehensive plan approvals its 
318  final approval for a project shall may be pursuant to the 
319  summary hearing provisions of s. 120.574, pursuant to subsection 
320  (14), and consolidated with the challenge of any applicable 
321  state agency actions or pursuant to other appellate processes 
322  available to the local government. The local government’s 
323  decision to enter into a summary hearing must be made as 
324  provided in s. 120.574 or in the memorandum of agreement. 
325         (8) Each memorandum of agreement shall include a process 
326  for final agency action on permit applications and local 
327  comprehensive plan amendment approvals within 90 days after 
328  receipt of a completed application, unless the applicant agrees 
329  to a longer time period or the secretary office determines that 
330  unforeseen or uncontrollable circumstances preclude final agency 
331  action within the 90-day timeframe. Permit applications governed 
332  by federally delegated or approved permitting programs whose 
333  requirements would prohibit or be inconsistent with the 90-day 
334  timeframe are exempt from this provision, but must be processed 
335  by the agency with federally delegated or approved program 
336  responsibility as expeditiously as possible. 
337         (9) The secretary office shall inform the Legislature by 
338  October 1 of each year which agencies have not entered into or 
339  implemented an agreement and identify any barriers to achieving 
340  success of the program. 
341         (10) The memoranda of agreement may provide for the waiver 
342  or modification of procedural rules prescribing forms, fees, 
343  procedures, or time limits for the review or processing of 
344  permit applications under the jurisdiction of those agencies 
345  that are party to the memoranda of agreement. Notwithstanding 
346  any other provision of law to the contrary, a memorandum of 
347  agreement must to the extent feasible provide for proceedings 
348  and hearings otherwise held separately by the parties to the 
349  memorandum of agreement to be combined into one proceeding or 
350  held jointly and at one location. Such waivers or modifications 
351  shall not be available for permit applications governed by 
352  federally delegated or approved permitting programs, the 
353  requirements of which would prohibit, or be inconsistent with, 
354  such a waiver or modification. 
355         (11) The standard form for memoranda of agreement shall 
356  include guidelines to be used in working with state, regional, 
357  and local permitting authorities. Guidelines may include, but 
358  are not limited to, the following: 
359         (a) A central contact point for filing permit applications 
360  and local comprehensive plan amendments and for obtaining 
361  information on permit and local comprehensive plan amendment 
362  requirements; 
363         (b) Identification of the individual or individuals within 
364  each respective agency who will be responsible for processing 
365  the expedited permit application or local comprehensive plan 
366  amendment for that agency; 
367         (c) A mandatory preapplication review process to reduce 
368  permitting conflicts by providing guidance to applicants 
369  regarding the permits needed from each agency and governmental 
370  entity, site planning and development, site suitability and 
371  limitations, facility design, and steps the applicant can take 
372  to ensure expeditious permit application and local comprehensive 
373  plan amendment review. As a part of this process, the first 
374  interagency meeting to discuss a project shall be held within 14 
375  days after the secretary’s office’s determination that the 
376  project is eligible for expedited review. Subsequent interagency 
377  meetings may be scheduled to accommodate the needs of 
378  participating local governments that are unable to meet public 
379  notice requirements for executing a memorandum of agreement 
380  within this timeframe. This accommodation may not exceed 45 days 
381  from the secretary’s office’s determination that the project is 
382  eligible for expedited review; 
383         (d) The preparation of a single coordinated project 
384  description form and checklist and an agreement by state and 
385  regional agencies to reduce the burden on an applicant to 
386  provide duplicate information to multiple agencies; 
387         (e) Establishment of a process for the adoption and review 
388  of any comprehensive plan amendment needed by any certified 
389  project within 90 days after the submission of an application 
390  for a comprehensive plan amendment. However, the memorandum of 
391  agreement may not prevent affected persons as defined in s. 
392  163.3184 from appealing or participating in this expedited plan 
393  amendment process and any review or appeals of decisions made 
394  under this paragraph; and 
395         (f) Additional incentives for an applicant who proposes a 
396  project that provides a net ecosystem benefit. 
397         (12) The applicant, the regional permit action team, and 
398  participating local governments may agree to incorporate into a 
399  single document the permits, licenses, and approvals that are 
400  obtained through the expedited permit process. This consolidated 
401  permit is subject to the summary hearing provisions set forth in 
402  subsection (14). 
403         (13) Notwithstanding any other provisions of law: 
404         (a) Local comprehensive plan amendments for projects 
405  qualified under this section are exempt from the twice-a-year 
406  limits provision in s. 163.3187; and 
407         (b) Projects qualified under this section are not subject 
408  to interstate highway level-of-service standards adopted by the 
409  Department of Transportation for concurrency purposes. The 
410  memorandum of agreement specified in subsection (5) must include 
411  a process by which the applicant will be assessed a fair share 
412  of the cost of mitigating the project’s significant traffic 
413  impacts, as defined in chapter 380 and related rules. The 
414  agreement must also specify whether the significant traffic 
415  impacts on the interstate system will be mitigated through the 
416  implementation of a project or payment of funds to the 
417  Department of Transportation. Where funds are paid, the 
418  Department of Transportation must include in the 5-year work 
419  program transportation projects or project phases, in an amount 
420  equal to the funds received, to mitigate the traffic impacts 
421  associated with the proposed project. 
422         (14)(a) Challenges to state agency action in the expedited 
423  permitting process for projects processed under this section are 
424  subject to the summary hearing provisions of s. 120.574, except 
425  that the administrative law judge’s decision, as provided in s. 
426  120.574(2)(f), shall be in the form of a recommended order and 
427  shall not constitute the final action of the state agency. In 
428  those proceedings where the action of only one agency of the 
429  state, other than the Department of Environmental Protection, is 
430  challenged, the agency of the state shall issue the final order 
431  within 45 10 working days after of receipt of the administrative 
432  law judge’s recommended order. The recommended order shall 
433  inform the parties of their right to file exceptions or 
434  responses to the recommended order in accordance with the Rules 
435  of Administrative Procedure. In those proceedings where the 
436  actions of more than one agency of the state are challenged, the 
437  Governor shall issue the final order within 45 10 working days 
438  after of receipt of the administrative law judge’s recommended 
439  order. The recommended order shall inform the parties of their 
440  right to file exceptions or responses to the recommended order 
441  in accordance with the Rules of Administrative Procedure. This 
442  paragraph does not apply to the issuance of department licenses 
443  required under any federally delegated or approved permit 
444  program. In such instances, the department shall enter the final 
445  order. The participating agencies of the state may opt at the 
446  preliminary hearing conference to allow the administrative law 
447  judge’s decision to constitute the final agency action. If a 
448  participating local government agrees to participate in the 
449  summary hearing provisions of s. 120.574 for purposes of review 
450  of local government comprehensive plan amendments, s. 
451  163.3184(9) and (10) apply. 
452         (b) Projects identified in paragraph (3)(f) or challenges 
453  to state agency action in the expedited permitting process for 
454  establishment of a state-of-the-art biomedical research 
455  institution and campus in this state by the grantee under s. 
456  288.955 are subject to the same requirements as challenges 
457  brought under paragraph (a), except that, notwithstanding s. 
458  120.574, summary proceedings must be conducted within 30 days 
459  after a party files the motion for summary hearing, regardless 
460  of whether the parties agree to the summary proceeding. 
461         (15) The office, working with the agencies providing 
462  cooperative assistance and input regarding participating in the 
463  memoranda of agreement, shall review sites proposed for the 
464  location of facilities eligible for the Innovation Incentive 
465  Program under s. 288.1089. Within 20 days after the request for 
466  the review by the office, the agencies shall provide to the 
467  office a statement as to each site’s necessary permits under 
468  local, state, and federal law and an identification of 
469  significant permitting issues, which if unresolved, may result 
470  in the denial of an agency permit or approval or any significant 
471  delay caused by the permitting process. 
472         (16) This expedited permitting process shall not modify, 
473  qualify, or otherwise alter existing agency nonprocedural 
474  standards for permit applications or local comprehensive plan 
475  amendments, unless expressly authorized by law. If it is 
476  determined that the applicant is not eligible to use this 
477  process, the applicant may apply for permitting of the project 
478  through the normal permitting processes. 
479         (17) The office shall be responsible for certifying a 
480  business as eligible for undergoing expedited review under this 
481  section. Enterprise Florida, Inc., a county or municipal 
482  government, or the Rural Economic Development Initiative may 
483  recommend to the Office of Tourism, Trade, and Economic 
484  Development that a project meeting the minimum job creation 
485  threshold undergo expedited review. 
486         (18) The office, working with the Rural Economic 
487  Development Initiative and the agencies participating in the 
488  memoranda of agreement, shall provide technical assistance in 
489  preparing permit applications and local comprehensive plan 
490  amendments for counties having a population of less than 75,000 
491  residents, or counties having fewer than 100,000 residents which 
492  are contiguous to counties having fewer than 75,000 residents. 
493  Additional assistance may include, but not be limited to, 
494  guidance in land development regulations and permitting 
495  processes, working cooperatively with state, regional, and local 
496  entities to identify areas within these counties which may be 
497  suitable or adaptable for preclearance review of specified types 
498  of land uses and other activities requiring permits. 
499         (19) The following projects are ineligible for review under 
500  this part: 
501         (a) A project funded and operated by a local government, as 
502  defined in s. 377.709, and located within that government’s 
503  jurisdiction. 
504         (b) A project, the primary purpose of which is to: 
505         1. Effect the final disposal of solid waste, biomedical 
506  waste, or hazardous waste in this state. 
507         2. Produce electrical power, unless the production of 
508  electricity is incidental and not the primary function of the 
509  project or the electrical power is derived from a fuel source 
510  for renewable energy as defined in s. 366.91(2)(d). 
511         3. Extract natural resources. 
512         4. Produce oil. 
513         5. Construct, maintain, or operate an oil, petroleum, 
514  natural gas, or sewage pipeline. 
515         Section 5. (1) The Legislature finds that the ability of 
516  the pilot communities designated under the Energy Economic Zone 
517  Pilot Program pursuant to s. 377.809, Florida Statutes, to 
518  provide incentives is essential to these communities attracting 
519  clean technology industries and investments to the state and 
520  establishing the base information necessary to assess whether to 
521  revise state policies and expand the pilot program to other 
522  communities. 
523         (2) By February 1, 2011, the Department of Community 
524  Affairs and the Office of Tourism, Trade, and Economic 
525  Development, in consultation with the Florida Energy and Climate 
526  Commission, shall submit recommendations to the Governor, the 
527  President of the Senate, and the Speaker of the House of 
528  Representatives of appropriate incentives and statutory 
529  revisions necessary to provide the pilot communities with the 
530  tools for accomplishing the goals of the pilot program. In 
531  developing their recommendations, the Department of Community 
532  Affairs and the Office of Tourism, Trade, and Economic 
533  Development, at a minimum, shall consider: 
534         (a) Fiscal and regulatory incentives. 
535         (b) A jobs tax credit and corporate property tax credit 
536  pursuant to chapter 220, Florida Statutes. 
537         (c) Refunds and exemptions from the sales and use tax in 
538  chapter 212, Florida Statutes, for job creation, building 
539  materials, business property, and products used for clean 
540  technology businesses and investments within the designated 
541  energy economic zones. 
542         (3) The Department of Community Affairs and the Office of 
543  Tourism, Trade, and Economic Development shall also coordinate 
544  with the pilot communities and clean technology industries in 
545  identifying incentives and strategies that will help attract 
546  emerging clean technology industries and investments to the 
547  state. 
548         Section 6. This act shall take effect upon becoming a law.