HB 909 2022 CODING: Words stricken are deletions; words underlined are additions. hb0909-00 Page 1 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to the development of current or 2 former agricultural land; creating s. 376.3065, F.S.; 3 defining terms; providing legislative findings; 4 providing that the application of pesticides as part 5 of agricultural operations is presumed to be a lawfu l 6 application under certain circumstances; authorizing 7 pesticide mixing areas to be legally subdivided for 8 certain purposes; requiring the Department of 9 Environmental Protection to investigate claims and 10 provide certain remedies as applicable; providing si te 11 assessment and remedial activity requirements for 12 current or former agricultural land; providing 13 applicability; providing that current or former 14 agricultural land that meets certain requirements is 15 exempt from further regulation by the department; 16 authorizing property owners to voluntarily apply for 17 brownfield site rehabilitation activities; authorizing 18 lenders to rely on certain provisions under certain 19 circumstances; requiring property owners to provide 20 the department with reasonable assurances that ce rtain 21 risk management techniques have been implemented 22 before redeveloping their property; requiring the 23 property owner to notify the department upon 24 completion of the risk management techniques; 25 HB 909 2022 CODING: Words stricken are deletions; words underlined are additions. hb0909-00 Page 2 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S prohibiting the department from requiring additional 26 environmental management activities for certain 27 property owners except in cases of fraud, the 28 discovery of new information regarding a specified 29 contaminant, failed management efforts, or substantial 30 changes in exposure conditions; amending s. 403.182, 31 F.S.; providing that the Secretary of Environmental 32 Protection has exclusive jurisdiction in evaluating 33 environmental conditions and assessing potential 34 liability for the presence of contaminants on certain 35 lands; prohibiting the secretary from delegating such 36 authority to a local governmental entity; providing an 37 effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Section 376.3065, Florida Statutes, is created 42 to read: 43 376.3065 Development of current or former agricultura l 44 land.— 45 (1) DEFINITIONS.—As used in this section, the term: 46 (a) "Current or former agricultural land" means land that 47 is or was classified as agricultural land pursuant to s. 48 193.461. 49 (b) "Lawful application" means the application of 50 HB 909 2022 CODING: Words stricken are deletions; words underlined are additions. hb0909-00 Page 3 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S pesticides that have been properly mixed and applied in 51 accordance with the manufacturer specifications and United 52 States Environmental Protection Agency approvals on the labels 53 of properly registered products. 54 (c) "Pesticide" has the same meaning as in 7 U.S.C. s. 55 136(u). 56 (d) "Pesticide mixing area" means the area on the property 57 where pesticide storage, mixing, or equipment maintenance 58 facilities are located. 59 (e) "Qualified property" means a parcel of land that is 60 part of a broader, regional, or multi property are a impacted by 61 pesticides. 62 (2) LAWFUL APPLICATION OF PESTICIDES. — 63 (a) The Legislature finds that state and federal 64 regulations prescribe lawful application of pesticides and limit 65 their use in the operation of bona fide agricultural activities. 66 (b) For purposes of this section, the application of 67 pesticides as part of agricultural operations is presumed to be 68 a lawful application, unless a discharge as defined in s. 69 376.301 exists, and is presumed not to be a recognized 70 environmental condition pursuant to 40 CFR part 312. 71 (c) Notwithstanding any other state or local law or 72 regulation to the contrary, pesticide mixing areas may be 73 legally subdivided as separate parcels of land for environmental 74 evaluation and remediation. 75 HB 909 2022 CODING: Words stricken are deletions; words underlined are additions. hb0909-00 Page 4 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (d) Upon receiving a report of a discovery of verifiable 76 pesticide impacts to potable water systems or potable private 77 wells caused by a property, the department shall investigate the 78 claim pursuant to s. 376.30(3) and provide any appropriate 79 remedies pursuant to s. 376.307(5). 80 (3) SITE ASSESSMENT AND REMEDIAL ACTIVITIES FOR CURRENT OR 81 FORMER AGRICULTURAL LAND. — 82 (a) Notwithstanding any existing state or local law or 83 regulation for site assessment and remedial activity applicable 84 to current or former agricultural land, this section shall be 85 used for evaluating environmental conditions and prescribing 86 remedial activity for a contaminated site for such current or 87 former agricultural land. This section does not apply to former 88 agricultural land that has obtained local government -approved 89 permits to initiate redevelopment or has completed redevelopment 90 as of July 1, 2022. 91 (b) Current or former agricultural land that meets the 92 requirements of this section is exempt from regulation by 93 department rules for site assessment and remedial act ivity 94 associated with lawful applications. 95 (c) A property owner may voluntarily apply for brownfield 96 site rehabilitation activities in accordance with the 97 Brownfields Redevelopment Act, ss. 376.77 -376.85. 98 (d) Lenders may rely on this section if: 99 1. The lender is serving as a trustee, a personal 100 HB 909 2022 CODING: Words stricken are deletions; words underlined are additions. hb0909-00 Page 5 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S representative, or another type of fiduciary; 101 2. The lender holds indicia of ownership in the site 102 primarily to protect a security interest; or 103 3. The lender held a security interest in the site and has 104 foreclosed or otherwise acted to acquire title primarily to 105 protect its security interest; seeks to sell, transfer, or 106 otherwise divest the assets for subsequent sale at the earliest 107 possible time, taking all relevant facts and circumstances into 108 account; and has not undertaken management activities beyond 109 those necessary to protect its financial interest, to effectuate 110 compliance with environmental statutes and rules. 111 (e) This section applies regardless of when a contaminant 112 was discovered if the real prope rty owner of the current or 113 former agricultural land: 114 1. Completes environmental management activities pursuant 115 to subsection (4) as part of the property's redevelopment. The 116 incentives of this subsection do not apply to formerly 117 cultivated land that has obtained local government -approved 118 permits to initiate redevelopment or has completed redevelopment 119 as of July 1, 2022, and such redeveloped properties are not 120 required to complete the risk management activities pursuant to 121 subsection (4); 122 2. Has not been proved to have operated in a grossly 123 negligent manner. Discharges as defined in s. 376.301 do not 124 exist on the current or former agricultural land; 125 HB 909 2022 CODING: Words stricken are deletions; words underlined are additions. hb0909-00 Page 6 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 3. Has not willfully concealed a discharge as defined in 126 s. 376.301; and 127 4. Provides reasonable assurances that the property does 128 not include: 129 a. A pesticide mixing area; or 130 b. An area, including surface or groundwater, designated 131 as a contaminated site whose classification as a contaminated 132 site was the result of its proximity to a pesticide mix ing area. 133 (f) Current or former bona fide agricultural operations 134 are presumed to have lawfully applied pesticides in this state, 135 unless evidence of a point source of impacts or a discharge as 136 defined in s. 376.301 exists. 137 (4) ENVIRONMENTAL MANAGEMENT. — 138 (a) Before redevelopment of current or former agricultural 139 land that qualifies as a contaminated site, the property owner 140 or authorized representative shall provide the department with 141 reasonable assurances that all of the following applicable risk 142 management techniques have been implemented: 143 1. A soil management plan that includes, at a minimum, 144 exposed soils on site that are subject to human exposure, that 145 are found between land surface and 2 feet below land surface, 146 and that meet or exceed soil cle anup target levels established 147 by department rule. The soils must be managed using appropriate 148 institutional or engineering controls consistent with the 149 proposed land reuse, which may be accomplished using non -150 HB 909 2022 CODING: Words stricken are deletions; words underlined are additions. hb0909-00 Page 7 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S contaminated fill material or by mixing or ble nding the soil 151 during construction. Soil reuse or relocation must be conducted 152 in accordance with all applicable federal, state, and local 153 regulations. A soil management plan must follow guidance 154 developed by the department. 155 2. If surface water or ground water sampling for the 156 current or former agricultural land indicates the presence of 157 contaminants at concentrations exceeding cleanup target levels 158 established by department rule, a water management plan for the 159 property that incorporates institutional con trols as defined in 160 s. 376.301(21) or s. 376.79(11). Stormwater conveyance 161 construction and dewatering requirements must be completed 162 pursuant to applicable department permits. Proposed or existing 163 improvements to a property with human occupancy which is s erved 164 by a municipal drinking water supply system or which accesses 165 drinking water must meet water management district well 166 permitting rules. 167 (b) The property owner shall notify the department upon 168 completion of the risk management techniques, with an 169 affirmative demonstration that the owner has met the 170 requirements of this section. 171 (c) Qualified properties are not required to meet any off -172 property sampling requirements under this chapter and a property 173 owner of such a property is only responsible for e nvironmental 174 risk management within the qualified property's legal 175 HB 909 2022 CODING: Words stricken are deletions; words underlined are additions. hb0909-00 Page 8 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S boundaries. 176 (5) REOPENERS.—Upon completion of environmental management 177 activities in compliance with subsection (4), the property may 178 not be required to complete additional environmental management 179 activities unless: 180 (a) The department determines that fraud was committed in 181 demonstrating land or real property conditions or in completing 182 environmental management activities; 183 (b) New information confirms the existence of a 184 contaminant that exceeds the environmental management criteria 185 established in accordance with subsection (4) or that otherwise 186 poses the threat of real and substantial harm to public health, 187 safety, and the environment; 188 (c) Environmental management efforts failed to ac hieve the 189 criteria established under this section; or 190 (d) Substantial changes in exposure conditions have 191 increased the level of risk beyond the acceptable risk 192 established under subsection (4). The department may require a 193 person who changes the land use of the property which causes the 194 level of risk to increase beyond the acceptable risk level to 195 undertake additional environmental management measures to assure 196 the protection of human health and the environment. 197 Section 2. Subsection (11) is added to section 403.182, 198 Florida Statutes, to read: 199 403.182 Local pollution control programs. — 200 HB 909 2022 CODING: Words stricken are deletions; words underlined are additions. hb0909-00 Page 9 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (11) Notwithstanding s. 403.182 or any existing local 201 pollution control programs, the Secretary of Environmental 202 Protection has exclusive jurisdiction in all matt ers related to 203 evaluating environmental conditions and assessing potential 204 liability for the presence of contaminants on land that is or 205 was classified as agricultural land pursuant to s. 193.461, 206 including defining what constitutes all appropriate inquiri es. 207 The secretary may not delegate the authority to a county, a 208 municipality, or another unit of local government through a 209 local pollution control program under s. 403.182. 210 Section 3. This act shall take effect July 1, 2022. 211