CS/CS/HB 773

1
A bill to be entitled
2An act relating to environmental control; amending ss.
3220.1845 and 376.30781, F.S.; providing requirements for
4claiming certain site rehabilitation costs in applications
5for contaminated site rehabilitation tax credits;
6conforming cross-references; amending s. 376.85, F.S.;
7revising requirements for the Department of Environmental
8Protection's annual report to the Legislature regarding
9site rehabilitation; amending s. 403.973, F.S.;
10transferring certain authority over the expedited
11permitting and comprehensive plan amendment process from
12the Office of Tourism, Trade, and Economic Development to
13the Secretary of Environmental Protection; revising job-
14creation criteria for businesses to qualify to submit
15permit applications and local comprehensive plan
16amendments for expedited review; providing that permit
17applications and local comprehensive plan amendments for
18specified renewable energy projects are eligible for the
19expedited permitting process; providing for the
20establishment of regional permit action teams through the
21execution of memoranda of agreement developed by permit
22applicants and the secretary; revising provisions relating
23to the memoranda of agreement developed by the secretary;
24providing for the appeal of local government comprehensive
25plan approvals for projects and requiring such appeals to
26be consolidated with challenges to state agency actions;
27requiring recommended orders relating to challenges to
28state agency actions pursuant to summary hearing
29provisions to include certain information; extending the
30deadline for issuance of final orders relating to such
31challenges; providing for challenges to state agency
32action related to expedited permitting for specified
33renewable energy projects; revising provisions relating to
34the review of sites proposed for the location of
35facilities eligible for the Innovation Incentive Program;
36revising criteria for counties eligible to receive
37technical assistance in preparing permit applications and
38local comprehensive plan amendments; specifying expedited
39review eligibility for certain electrical power projects;
40providing an effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Subsections (1), (2), and (3) of section
45220.1845, Florida Statutes, are renumbered as subsections (2),
46(3), and (4), respectively, and a new subsection (1) is added to
47that section to read:
48     220.1845  Contaminated site rehabilitation tax credit.-
49     (1)  APPLICATION FOR TAX CREDIT.-A site rehabilitation
50application must be received by the Division of Waste Management
51of the Department of Environmental Protection by January 31 of
52the year after the calendar year for which site rehabilitation
53costs are being claimed in a tax credit application. All site
54rehabilitation costs claimed must have been for work conducted
55between January 1 and December 31 of the year for which the
56application is being submitted. All payment requests must have
57been received and all costs must have been paid prior to
58submittal of the tax credit application, but no later than
59January 31 of the year after the calendar year for which site
60rehabilitation costs are being claimed.
61     Section 2.  Paragraph (a) of subsection (5), paragraph (c)
62of subsection (6), and subsections (9) and (10) of section
63376.30781, Florida Statutes, are amended to read:
64     376.30781  Tax credits for rehabilitation of drycleaning-
65solvent-contaminated sites and brownfield sites in designated
66brownfield areas; application process; rulemaking authority;
67revocation authority.-
68     (5)  To claim the credit for site rehabilitation or solid
69waste removal, each tax credit applicant must apply to the
70Department of Environmental Protection for an allocation of the
71$2 million annual credit by filing a tax credit application with
72the Division of Waste Management on a form developed by the
73Department of Environmental Protection in cooperation with the
74Department of Revenue. The form shall include an affidavit from
75each tax credit applicant certifying that all information
76contained in the application, including all records of costs
77incurred and claimed in the tax credit application, are true and
78correct. If the application is submitted pursuant to
79subparagraph (3)(a)2., the form must include an affidavit signed
80by the real property owner stating that it is not, and has never
81been, the owner or operator of the drycleaning facility where
82the contamination exists. Approval of tax credits must be
83accomplished on a first-come, first-served basis based upon the
84date and time complete applications are received by the Division
85of Waste Management, subject to the limitations of subsection
86(14). To be eligible for a tax credit, the tax credit applicant
87must:
88     (a)  For site rehabilitation tax credits, have entered into
89a voluntary cleanup agreement with the Department of
90Environmental Protection for a drycleaning-solvent-contaminated
91site or a Brownfield Site Rehabilitation Agreement, as
92applicable, and have paid all deductibles pursuant to s.
93376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
94sites, as applicable. A site rehabilitation tax credit applicant
95must submit only a single completed application per site for
96each calendar year's site rehabilitation costs. A site
97rehabilitation application must be received by the Division of
98Waste Management of the Department of Environmental Protection
99by January 31 of the year after the calendar year for which site
100rehabilitation costs are being claimed in a tax credit
101application. All site rehabilitation costs claimed must have
102been for work conducted between January 1 and December 31 of the
103year for which the application is being submitted. All payment
104requests must have been received and all costs must have been
105paid prior to submittal of the tax credit application, but no
106later than January 31 of the year after the calendar year for
107which site rehabilitation costs are being claimed.
108     (6)  To obtain the tax credit certificate, the tax credit
109applicant must provide all pertinent information requested on
110the tax credit application form, including, at a minimum, the
111name and address of the tax credit applicant and the address and
112tracking identification number of the eligible site. Along with
113the tax credit application form, the tax credit applicant must
114submit the following:
115     (c)  Proof that the documentation submitted pursuant to
116paragraph (b) has been reviewed and verified by an independent
117certified public accountant in accordance with standards
118established by the American Institute of Certified Public
119Accountants. Specifically, a certified public accountant's
120report must be submitted and the certified public accountant
121must attest to the accuracy and validity of the costs claimed
122incurred and paid during the time period covered in the
123application by conducting an independent review of the data
124presented by the tax credit applicant. Accuracy and validity of
125costs incurred and paid shall be determined after the level of
126effort is certified by an appropriate professional registered in
127this state in each contributing technical discipline. The
128certified public accountant's report must also attest that the
129costs included in the application form are not duplicated within
130the application, that all payment requests were received and all
131costs were paid prior to submittal of the tax credit
132application, and, for site rehabilitation tax credits, that all
133costs claimed are for work conducted between January 1 and
134December 31 of the year for which the application is being
135submitted. A copy of the accountant's report shall be submitted
136to the Department of Environmental Protection in addition to the
137accountant's certification form in the tax credit application;
138and
139     (9)  On or before May 1, the Department of Environmental
140Protection shall inform each tax credit applicant that is
141subject to the January 31 annual application deadline of the
142applicant's eligibility status and the amount of any tax credit
143due. The department shall provide each eligible tax credit
144applicant with a tax credit certificate that must be submitted
145with its tax return to the Department of Revenue to claim the
146tax credit or be transferred pursuant to s. 220.1845(2)(g) s.
147220.1845(1)(g). The May 1 deadline for annual site
148rehabilitation tax credit certificate awards shall not apply to
149any tax credit application for which the department has issued a
150notice of deficiency pursuant to subsection (8). The department
151shall respond within 90 days after receiving a response from the
152tax credit applicant to such a notice of deficiency. Credits may
153not result in the payment of refunds if total credits exceed the
154amount of tax owed.
155     (10)  For solid waste removal, new health care facility or
156health care provider, and affordable housing tax credit
157applications, the Department of Environmental Protection shall
158inform the applicant of the department's determination within 90
159days after the application is deemed complete. Each eligible tax
160credit applicant shall be informed of the amount of its tax
161credit and provided with a tax credit certificate that must be
162submitted with its tax return to the Department of Revenue to
163claim the tax credit or be transferred pursuant to s.
164220.1845(2)(g) s. 220.1845(1)(g). Credits may not result in the
165payment of refunds if total credits exceed the amount of tax
166owed.
167     Section 3.  Section 376.85, Florida Statutes, is amended to
168read:
169     376.85  Annual report.-The Department of Environmental
170Protection shall prepare and submit an annual report to the
171President of the Senate and the Speaker of the House of
172Representatives by August 1 of each year a report that includes
173Legislature, beginning in December 1998, which shall include,
174but is not be limited to, the number, size, and locations of
175brownfield sites: that have been remediated under the provisions
176of this act,; that are currently under rehabilitation pursuant
177to a negotiated site rehabilitation agreement with the
178department or a delegated local program,; where alternative
179cleanup target levels have been established pursuant to s.
180376.81(1)(g)3.,; and, where engineering and institutional
181control strategies are being employed as conditions of a "no
182further action order" to maintain the protections provided in s.
183376.81(1)(g)1. and 2.
184     Section 4.  Section 403.973, Florida Statutes, is amended
185to read:
186     403.973  Expedited permitting; amendments to comprehensive
187plans plan amendments.-
188     (1)  It is the intent of the Legislature to encourage and
189facilitate the location and expansion of those types of economic
190development projects which offer job creation and high wages,
191strengthen and diversify the state's economy, and have been
192thoughtfully planned to take into consideration the protection
193of the state's environment. It is also the intent of the
194Legislature to provide for an expedited permitting and
195comprehensive plan amendment process for such projects.
196     (2)  As used in this section, the term:
197     (a)  "Duly noticed" means publication in a newspaper of
198general circulation in the municipality or county with
199jurisdiction. The notice shall appear on at least 2 separate
200days, one of which shall be at least 7 days before the meeting.
201The notice shall state the date, time, and place of the meeting
202scheduled to discuss or enact the memorandum of agreement, and
203the places within the municipality or county where such proposed
204memorandum of agreement may be inspected by the public. The
205notice must be one-eighth of a page in size and must be
206published in a portion of the paper other than the legal notices
207section. The notice shall also advise that interested parties
208may appear at the meeting and be heard with respect to the
209memorandum of agreement.
210     (b)  "Jobs" means permanent, full-time equivalent positions
211not including construction jobs.
212     (c)  "Office" means the Office of Tourism, Trade, and
213Economic Development.
214     (d)  "Permit applications" means state permits and
215licenses, and at the option of a participating local government,
216local development permits or orders.
217     (e)  "Secretary" means the Secretary of Environmental
218Protection or his or her designee.
219     (3)(a)  The secretary Governor, through the office, shall
220direct the creation of regional permit action teams, for the
221purpose of expediting review of permit applications and local
222comprehensive plan amendments submitted by:
223     1.  Businesses creating at least 50 100 jobs;, or
224     2.  Businesses creating at least 25 50 jobs if the project
225is located in an enterprise zone, or in a county having a
226population of fewer less than 75,000 or in a county having a
227population of fewer less than 125,000 100,000 which is
228contiguous to a county having a population of fewer less than
22975,000, as determined by the most recent decennial census,
230residing in incorporated and unincorporated areas of the
231county., or
232     (b)  On a case-by-case basis and at the request of a county
233or municipal government, the office may certify as eligible for
234expedited review a project not meeting the minimum job creation
235thresholds but creating a minimum of 10 jobs. The recommendation
236from the governing body of the county or municipality in which
237the project may be located is required in order for the office
238to certify that any project is eligible for expedited review
239under this paragraph. When considering projects that do not meet
240the minimum job creation thresholds but that are recommended by
241the governing body in which the project may be located, the
242office shall consider economic impact factors that include, but
243are not limited to:
244     1.  The proposed wage and skill levels relative to those
245existing in the area in which the project may be located;
246     2.  The project's potential to diversify and strengthen the
247area's economy;
248     3.  The amount of capital investment; and
249     4.  The number of jobs that will be made available for
250persons served by the welfare transition program.
251     (c)  At the request of a county or municipal government,
252the office or a Quick Permitting County may certify projects
253located in counties where the ratio of new jobs per participant
254in the welfare transition program, as determined by Workforce
255Florida, Inc., is less than one or otherwise critical, as
256eligible for the expedited permitting process. Such projects
257must meet the numerical job creation criteria of this
258subsection, but the jobs created by the project do not have to
259be high-wage jobs that diversify the state's economy.
260     (d)  Projects located in a designated brownfield area are
261eligible for the expedited permitting process.
262     (e)  Projects that are part of the state-of-the-art
263biomedical research institution and campus to be established in
264this state by the grantee under s. 288.955 are eligible for the
265expedited permitting process, if the projects are designated as
266part of the institution or campus by the board of county
267commissioners of the county in which the institution and campus
268are established.
269     (f)  Projects resulting in the production of biofuels
270cultivated on lands that are 1,000 acres or more or in the
271construction of a biofuel or biodiesel processing facility or a
272facility generating renewable energy, as defined in s.
273366.91(2)(d), are eligible for the expedited permitting process.
274     (4)  The regional teams shall be established through the
275execution of memoranda of agreement developed by the applicant
276and the secretary, with input solicited from between the office
277and the respective heads of the Department of Environmental
278Protection, the Department of Community Affairs, the Department
279of Transportation and its district offices, the Department of
280Agriculture and Consumer Services, the Fish and Wildlife
281Conservation Commission, appropriate regional planning councils,
282appropriate water management districts, and voluntarily
283participating municipalities and counties. The memoranda of
284agreement should also accommodate participation in this
285expedited process by other local governments and federal
286agencies as circumstances warrant.
287     (5)  In order to facilitate local government's option to
288participate in this expedited review process, the secretary
289office shall, in cooperation with local governments and
290participating state agencies, create a standard form memorandum
291of agreement. A local government shall hold a duly noticed
292public workshop to review and explain to the public the
293expedited permitting process and the terms and conditions of the
294standard form memorandum of agreement.
295     (6)  The local government shall hold a duly noticed public
296hearing to execute a memorandum of agreement for each qualified
297project. Notwithstanding any other provision of law, and at the
298option of the local government, the workshop provided for in
299subsection (5) may be conducted on the same date as the public
300hearing held under this subsection. The memorandum of agreement
301that a local government signs shall include a provision
302identifying necessary local government procedures and time
303limits that will be modified to allow for the local government
304decision on the project within 90 days. The memorandum of
305agreement applies to projects, on a case-by-case basis, that
306qualify for special review and approval as specified in this
307section. The memorandum of agreement must make it clear that
308this expedited permitting and review process does not modify,
309qualify, or otherwise alter existing local government
310nonprocedural standards for permit applications, unless
311expressly authorized by law.
312     (7)  At the option of the participating local government,
313Appeals of local government comprehensive plan approvals its
314final approval for a project shall may be pursuant to the
315summary hearing provisions of s. 120.574, pursuant to subsection
316(14), and consolidated with the challenge of any applicable
317state agency actions or pursuant to other appellate processes
318available to the local government. The local government's
319decision to enter into a summary hearing must be made as
320provided in s. 120.574 or in the memorandum of agreement.
321     (8)  Each memorandum of agreement shall include a process
322for final agency action on permit applications and local
323comprehensive plan amendment approvals within 90 days after
324receipt of a completed application, unless the applicant agrees
325to a longer time period or the secretary office determines that
326unforeseen or uncontrollable circumstances preclude final agency
327action within the 90-day timeframe. Permit applications governed
328by federally delegated or approved permitting programs whose
329requirements would prohibit or be inconsistent with the 90-day
330timeframe are exempt from this provision, but must be processed
331by the agency with federally delegated or approved program
332responsibility as expeditiously as possible.
333     (9)  The secretary office shall inform the Legislature by
334October 1 of each year which agencies have not entered into or
335implemented an agreement and identify any barriers to achieving
336success of the program.
337     (10)  The memoranda of agreement may provide for the waiver
338or modification of procedural rules prescribing forms, fees,
339procedures, or time limits for the review or processing of
340permit applications under the jurisdiction of those agencies
341that are party to the memoranda of agreement. Notwithstanding
342any other provision of law to the contrary, a memorandum of
343agreement must to the extent feasible provide for proceedings
344and hearings otherwise held separately by the parties to the
345memorandum of agreement to be combined into one proceeding or
346held jointly and at one location. Such waivers or modifications
347shall not be available for permit applications governed by
348federally delegated or approved permitting programs, the
349requirements of which would prohibit, or be inconsistent with,
350such a waiver or modification.
351     (11)  The standard form for memoranda of agreement shall
352include guidelines to be used in working with state, regional,
353and local permitting authorities. Guidelines may include, but
354are not limited to, the following:
355     (a)  A central contact point for filing permit applications
356and local comprehensive plan amendments and for obtaining
357information on permit and local comprehensive plan amendment
358requirements;
359     (b)  Identification of the individual or individuals within
360each respective agency who will be responsible for processing
361the expedited permit application or local comprehensive plan
362amendment for that agency;
363     (c)  A mandatory preapplication review process to reduce
364permitting conflicts by providing guidance to applicants
365regarding the permits needed from each agency and governmental
366entity, site planning and development, site suitability and
367limitations, facility design, and steps the applicant can take
368to ensure expeditious permit application and local comprehensive
369plan amendment review. As a part of this process, the first
370interagency meeting to discuss a project shall be held within 14
371days after the secretary's office's determination that the
372project is eligible for expedited review. Subsequent interagency
373meetings may be scheduled to accommodate the needs of
374participating local governments that are unable to meet public
375notice requirements for executing a memorandum of agreement
376within this timeframe. This accommodation may not exceed 45 days
377from the secretary's office's determination that the project is
378eligible for expedited review;
379     (d)  The preparation of a single coordinated project
380description form and checklist and an agreement by state and
381regional agencies to reduce the burden on an applicant to
382provide duplicate information to multiple agencies;
383     (e)  Establishment of a process for the adoption and review
384of any comprehensive plan amendment needed by any certified
385project within 90 days after the submission of an application
386for a comprehensive plan amendment. However, the memorandum of
387agreement may not prevent affected persons as defined in s.
388163.3184 from appealing or participating in this expedited plan
389amendment process and any review or appeals of decisions made
390under this paragraph; and
391     (f)  Additional incentives for an applicant who proposes a
392project that provides a net ecosystem benefit.
393     (12)  The applicant, the regional permit action team, and
394participating local governments may agree to incorporate into a
395single document the permits, licenses, and approvals that are
396obtained through the expedited permit process. This consolidated
397permit is subject to the summary hearing provisions set forth in
398subsection (14).
399     (13)  Notwithstanding any other provisions of law:
400     (a)  Local comprehensive plan amendments for projects
401qualified under this section are exempt from the twice-a-year
402limits provision in s. 163.3187; and
403     (b)  Projects qualified under this section are not subject
404to interstate highway level-of-service standards adopted by the
405Department of Transportation for concurrency purposes. The
406memorandum of agreement specified in subsection (5) must include
407a process by which the applicant will be assessed a fair share
408of the cost of mitigating the project's significant traffic
409impacts, as defined in chapter 380 and related rules. The
410agreement must also specify whether the significant traffic
411impacts on the interstate system will be mitigated through the
412implementation of a project or payment of funds to the
413Department of Transportation. Where funds are paid, the
414Department of Transportation must include in the 5-year work
415program transportation projects or project phases, in an amount
416equal to the funds received, to mitigate the traffic impacts
417associated with the proposed project.
418     (14)(a)  Challenges to state agency action in the expedited
419permitting process for projects processed under this section are
420subject to the summary hearing provisions of s. 120.574, except
421that the administrative law judge's decision, as provided in s.
422120.574(2)(f), shall be in the form of a recommended order and
423shall not constitute the final action of the state agency. In
424those proceedings where the action of only one agency of the
425state other than the Department of Environmental Protection is
426challenged, the agency of the state shall issue the final order
427within 45 10 working days after of receipt of the administrative
428law judge's recommended order, and the recommended order shall
429inform the parties of their right to file exceptions or
430responses to the recommended order in accordance with the
431uniform rules of procedure pursuant to s. 120.54. In those
432proceedings where the actions of more than one agency of the
433state are challenged, the Governor shall issue the final order
434within 45 10 working days after of receipt of the administrative
435law judge's recommended order, and the recommended order shall
436inform the parties of their right to file exceptions or
437responses to the recommended order in accordance with the
438uniform rules of procedure pursuant to s. 120.54. This paragraph
439does not apply to the issuance of department licenses required
440under any federally delegated or approved permit program. In
441such instances, the department shall enter the final order. The
442participating agencies of the state may opt at the preliminary
443hearing conference to allow the administrative law judge's
444decision to constitute the final agency action. If a
445participating local government agrees to participate in the
446summary hearing provisions of s. 120.574 for purposes of review
447of local government comprehensive plan amendments, s.
448163.3184(9) and (10) apply.
449     (b)  Projects identified in paragraph (3)(f) or challenges
450to state agency action in the expedited permitting process for
451establishment of a state-of-the-art biomedical research
452institution and campus in this state by the grantee under s.
453288.955 are subject to the same requirements as challenges
454brought under paragraph (a), except that, notwithstanding s.
455120.574, summary proceedings must be conducted within 30 days
456after a party files the motion for summary hearing, regardless
457of whether the parties agree to the summary proceeding.
458     (15)  The office, working with the agencies providing
459cooperative assistance and input regarding participating in the
460memoranda of agreement, shall review sites proposed for the
461location of facilities eligible for the Innovation Incentive
462Program under s. 288.1089. Within 20 days after the request for
463the review by the office, the agencies shall provide to the
464office a statement as to each site's necessary permits under
465local, state, and federal law and an identification of
466significant permitting issues, which if unresolved, may result
467in the denial of an agency permit or approval or any significant
468delay caused by the permitting process.
469     (16)  This expedited permitting process shall not modify,
470qualify, or otherwise alter existing agency nonprocedural
471standards for permit applications or local comprehensive plan
472amendments, unless expressly authorized by law. If it is
473determined that the applicant is not eligible to use this
474process, the applicant may apply for permitting of the project
475through the normal permitting processes.
476     (17)  The office shall be responsible for certifying a
477business as eligible for undergoing expedited review under this
478section. Enterprise Florida, Inc., a county or municipal
479government, or the Rural Economic Development Initiative may
480recommend to the Office of Tourism, Trade, and Economic
481Development that a project meeting the minimum job creation
482threshold undergo expedited review.
483     (18)  The office, working with the Rural Economic
484Development Initiative and the agencies participating in the
485memoranda of agreement, shall provide technical assistance in
486preparing permit applications and local comprehensive plan
487amendments for counties having a population of fewer less than
48875,000 residents, or counties having fewer than 125,000 100,000
489residents which are contiguous to counties having fewer than
49075,000 residents. Additional assistance may include, but not be
491limited to, guidance in land development regulations and
492permitting processes, working cooperatively with state,
493regional, and local entities to identify areas within these
494counties which may be suitable or adaptable for preclearance
495review of specified types of land uses and other activities
496requiring permits.
497     (19)  The following projects are ineligible for review
498under this part:
499     (a)  A project funded and operated by a local government,
500as defined in s. 377.709, and located within that government's
501jurisdiction.
502     (b)  A project, the primary purpose of which is to:
503     1.  Effect the final disposal of solid waste, biomedical
504waste, or hazardous waste in this state.
505     2.  Produce electrical power, unless the production of
506electricity is incidental and not the primary function of the
507project or the electrical power is derived from a fuel source
508for renewable energy as defined in s. 366.91(2)(d).
509     3.  Extract natural resources.
510     4.  Produce oil.
511     5.  Construct, maintain, or operate an oil, petroleum,
512natural gas, or sewage pipeline.
513     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.