Bill Text: FL S1152 | 2020 | Regular Session | Introduced

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

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Bill Title: Brownfield Site Rehabilitation

Spectrum: Bipartisan Bill

Status: (Failed) 2020-03-14 - Died in Finance and Tax [S1152 Detail]

Download: Florida-2020-S1152-Introduced.html

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       Florida Senate - 2020                                    SB 1152
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-00967-20                                            20201152__
    1                        A bill to be entitled                      
    2         An act relating to brownfield site rehabilitation;
    3         amending ss. 220.1845 and 376.30781, F.S.; increasing
    4         the total amount of tax credits which may be granted
    5         for certain contaminated site rehabilitations each
    6         year; amending s. 376.79, F.S.; defining the term
    7         “PFAS”; amending s. 376.82, F.S.; providing that
    8         potential brownfield sites owned by the state or a
    9         local government which are impacted by PFAS are
   10         eligible to participate in a brownfield site
   11         rehabilitation agreement regardless of contribution;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (f) of subsection (2) of section
   17  220.1845, Florida Statutes, is amended to read:
   18         220.1845 Contaminated site rehabilitation tax credit.—
   19         (2) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.—
   20         (f) The total amount of the tax credits which may be
   21  granted under this section is $18.5 million in the 2018-2019
   22  fiscal year and $12 $10 million each fiscal year thereafter.
   23         Section 2. Subsection (4) of section 376.30781, Florida
   24  Statutes, is amended to read:
   25         376.30781 Tax credits for rehabilitation of drycleaning
   26  solvent-contaminated sites and brownfield sites in designated
   27  brownfield areas; application process; rulemaking authority;
   28  revocation authority.—
   29         (4) The Department of Environmental Protection is
   30  responsible for allocating the tax credits provided for in s.
   31  220.1845, which may not exceed a total of $18.5 million in tax
   32  credits in fiscal year 2018-2019 and $12 $10 million in tax
   33  credits each fiscal year thereafter.
   34         Section 3. Present subsections (17) through (21) of section
   35  376.79, Florida Statutes, are redesignated as subsections (18)
   36  through (22), respectively, and a new subsection (17) is added
   37  to that section, to read:
   38         376.79 Definitions relating to Brownfields Redevelopment
   39  Act.—As used in ss. 376.77-376.85, the term:
   40         (17) “PFAS” means perfluoroalkyl and polyfluoroalkyl
   41  substances, including perfluorooctanoic acid and perfluorooctane
   42  sulfonate, which are used in fire suppressants and firefighting
   43  foams.
   44         Section 4. Subsection (1) of section 376.82, Florida
   45  Statutes, is amended to read:
   46         376.82 Eligibility criteria and liability protection.—
   47         (1) ELIGIBILITY.—Except as provided in paragraph (d), any
   48  person who has not caused or contributed to the contamination of
   49  a brownfield site on or after July 1, 1997, is eligible to
   50  participate in the brownfield program established in ss. 376.77
   51  376.85, subject to the following:
   52         (a) Potential brownfield sites that are subject to an
   53  ongoing formal judicial or administrative enforcement action or
   54  corrective action pursuant to federal authority, including, but
   55  not limited to, the Comprehensive Environmental Response
   56  Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as
   57  amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f-300i,
   58  as amended; the Clean Water Act, 33 U.S.C. ss. 1251-1387, as
   59  amended; or under an order from the United States Environmental
   60  Protection Agency pursuant to s. 3008(h) of the Resource
   61  Conservation and Recovery Act, as amended (42 U.S.C.A. s.
   62  6928(h)); or that have obtained or are required to obtain a
   63  permit for the operation of a hazardous waste treatment,
   64  storage, or disposal facility; a postclosure permit; or a permit
   65  pursuant to the federal Hazardous and Solid Waste Amendments of
   66  1984, are not eligible for participation unless specific
   67  exemptions are secured by a memorandum of agreement with the
   68  United States Environmental Protection Agency pursuant to
   69  paragraph (2)(g). A brownfield site within an eligible
   70  brownfield area that subsequently becomes subject to formal
   71  judicial or administrative enforcement action or corrective
   72  action under such federal authority shall have its eligibility
   73  revoked unless specific exemptions are secured by a memorandum
   74  of agreement with the United States Environmental Protection
   75  Agency pursuant to paragraph (2)(g).
   76         (b) Persons who have not caused or contributed to the
   77  contamination of a brownfield site on or after July 1, 1997, and
   78  who, prior to the department’s approval of a brownfield site
   79  rehabilitation agreement, are subject to ongoing corrective
   80  action or enforcement under state authority established in this
   81  chapter or chapter 403, including those persons subject to a
   82  pending consent order with the state, are eligible for
   83  participation in a brownfield site rehabilitation agreement if:
   84         1. The proposed brownfield site is currently idle or
   85  underutilized as a result of the contamination, and
   86  participation in the brownfield program will immediately, after
   87  cleanup or sooner, result in increased economic productivity at
   88  the site, including at a minimum the creation of 10 new
   89  permanent jobs, whether full-time or part-time, which are not
   90  associated with implementation of the brownfield site
   91  rehabilitation agreement; and
   92         2. The person is complying in good faith with the terms of
   93  an existing consent order or department-approved corrective
   94  action plan, or responding in good faith to an enforcement
   95  action, as evidenced by a determination issued by the department
   96  or an approved local pollution control program.
   97         (c) Potential brownfield sites owned by the state or a
   98  local government which contain contamination for which a
   99  governmental entity is potentially responsible and which are
  100  already designated as federal brownfield pilot projects or have
  101  filed an application for designation to the United States
  102  Environmental Protection Agency are eligible for participation
  103  in a brownfield site rehabilitation agreement.
  104         (d) Potential brownfield sites owned by the state or a
  105  local government which are impacted by PFAS are eligible for
  106  participation in a brownfield site rehabilitation agreement,
  107  whether or not such contamination was caused or contributed to
  108  by the state or local government after July 1, 1997.
  109         (e)(d) After July 1, 1997, petroleum and drycleaning
  110  contamination sites shall not receive both restoration funding
  111  assistance available for the discharge under this chapter and
  112  any state assistance available under s. 288.107. Nothing in this
  113  act shall affect the cleanup criteria, priority ranking, and
  114  other rights and obligations inherent in petroleum contamination
  115  and drycleaning contamination site rehabilitation under ss.
  116  376.30-376.317, or the availability of economic incentives
  117  otherwise provided for by law.
  118         Section 5. This act shall take effect July 1, 2020.