Florida Senate - 2025 CS for CS for SB 736 By the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Environment and Natural Resources; and Senators Truenow and Brodeur 601-02922-25 2025736c2 1 A bill to be entitled 2 An act relating to brownfields; amending s. 376.303, 3 F.S.; deleting a provision requiring certain property 4 owners to provide information regarding institutional 5 controls to the local government for mapping purposes; 6 deleting local government requirements for such 7 mapping; requiring that sites issued a site 8 rehabilitation completion order without institutional 9 controls be removed from the registry of all 10 contaminated sites located in a brownfield area; 11 amending s. 376.30781, F.S.; revising the conditions 12 under which an applicant who has rehabilitated a 13 contaminated site may submit and claim certain tax 14 credits; specifying a timeframe within which such tax 15 credit application must be submitted; revising the 16 criteria for determining applicants who are 17 redeveloping brownfield sites who may be eligible for 18 certain tax credits; deleting the definition of the 19 term monetary compensation; revising the date by 20 which the Department of Environmental Protection must 21 issue annual site rehabilitation tax credit 22 certificate awards; revising the amount of time the 23 department has to respond to a tax credit applicant 24 regarding a certain notice; amending s. 376.78, F.S.; 25 conforming provisions to changes made by the act; 26 amending s. 376.79, F.S.; revising definitions, 27 defining the terms brownfield and brownfield site; 28 amending s. 376.81, F.S.; providing legislative 29 findings; prohibiting the department or a delegated 30 local pollution control program from denying a 31 specified status or refusing to issue a specified 32 order for certain brownfield sites that are only a 33 portion of larger contaminated sites; providing 34 applicability; amending s. 376.82, F.S.; revising the 35 persons and sites eligible for participation in the 36 brownfield program; revising requirements for such 37 participation; requiring that completion of the 38 performance of remediation obligations at the 39 brownfield site be evidenced by a site rehabilitation 40 completion order; revising the information necessary 41 from the United States Environmental Protection Agency 42 and the department for a persons participation in the 43 program; specifying that certain brownfield sites are 44 eligible to participate in the brownfield program 45 under certain circumstances; amending ss. 196.1995 and 46 288.1175, F.S.; conforming cross-references; 47 reenacting s. 1004.53(1), F.S., relating to the Center 48 for Brownfield Rehabilitation Assistance, to 49 incorporate the amendment made to s. 376.79, F.S., in 50 a reference thereto; providing an effective date. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1.Subsections (5) and (6) of section 376.303, 55 Florida Statutes, are amended to read: 56 376.303Powers and duties of the Department of 57 Environmental Protection. 58 (5)MAPPING.If an institutional control is implemented at 59 any contaminated site in a brownfield area designated pursuant 60 to s. 376.80, the property owner must provide information 61 regarding the institutional control to the local government for 62 mapping purposes. The local government must then note the 63 existence of the institutional control on any relevant local 64 land use and zoning maps with a cross-reference to the 65 departments site registry developed pursuant to subsection (6). 66 If the type of institutional control used requires recording 67 with the local government, then the map notation shall also 68 provide a cross-reference to the book and page number where 69 recorded. When a local government is provided with evidence that 70 the department has subsequently issued a no further action order 71 without institutional controls for a site currently noted on 72 such maps, the local government shall remove the notation. 73 (6)REGISTRY.The department shall prepare and maintain a 74 registry of all contaminated sites located in a brownfield area 75 designated pursuant to s. 376.80, which are subject to 76 institutional and engineering controls, in order to provide a 77 mechanism for the public and local governments to monitor the 78 status of these controls, monitor the departments short-term 79 and long-term protection of human health and the environment in 80 relation to these sites, and evaluate economic revitalization 81 efforts in these areas. At a minimum, the registry must shall 82 include the type of institutional or engineering controls 83 employed at a particular site, types of contaminants and 84 affected media, land use limitations, and the county in which 85 the site is located. Sites listed on the registry at which the 86 department has subsequently issued a site rehabilitation 87 completion no further action order without institutional 88 controls must shall be removed from the registry. The department 89 shall make the registry available to the public and local 90 governments within 1 year after the effective date of this act. 91 The department shall provide local governments with actual 92 notice when the registry becomes available. Local zoning and 93 planning offices shall post information on how to access the 94 registry in public view. 95 Section 2.Paragraphs (c), (d), and (e) of subsection (3) 96 and subsection (9) of section 376.30781, Florida Statutes, are 97 amended to read: 98 376.30781Tax credits for rehabilitation of drycleaning 99 solvent-contaminated sites and brownfield sites in designated 100 brownfield areas; application process; rulemaking authority; 101 revocation authority. 102 (3) 103 (c)In order to encourage completion of site rehabilitation 104 at contaminated sites that are being voluntarily cleaned up and 105 that are eligible for a tax credit under this section, the tax 106 credit applicant may claim an additional 25 percent of the total 107 site rehabilitation costs, not to exceed $500,000, if the 108 Department of Environmental Protection has approved the 109 applicants annual site rehabilitation application and has 110 issued a site rehabilitation completion in the final year of 111 cleanup as evidenced by the Department of Environmental 112 Protection issuing a No Further Action order for that site. 113 The tax credit applicant must submit the claim for the 114 additional 25 percent within 2 years after receipt of the site 115 rehabilitation completion order for that site. 116 (d)In order to encourage the construction of housing that 117 meets the definition of affordable provided in s. 420.0004, an 118 applicant for the tax credit may claim an additional 25 percent 119 of the total site rehabilitation costs that are eligible for tax 120 credits under this section, not to exceed $500,000. To receive 121 this additional tax credit, the applicant must provide a 122 certification letter from the Florida Housing Finance 123 Corporation, the local housing authority, or other governmental 124 agency that is a party to the use agreement indicating that the 125 construction on the brownfield site has received a certificate 126 of occupancy and the brownfield site has a properly recorded 127 instrument that limits the use of the property to housing. 128 Notwithstanding that only one application may be submitted each 129 year for each site, an application for the additional credit 130 provided for in this paragraph must shall be submitted after all 131 requirements to obtain the additional tax credit have been met. 132 (e)In order to encourage the redevelopment of a brownfield 133 site, as defined in the brownfield site rehabilitation 134 agreement, that is hindered by the presence of solid waste, as 135 defined in s. 403.703, costs related to solid waste removal may 136 also be claimed under this section. A tax credit applicant, or 137 multiple tax credit applicants working jointly to clean up a 138 single brownfield site, may also claim costs to address the 139 solid waste removal as defined in this paragraph in accordance 140 with department rules. Multiple tax credit applicants shall be 141 granted tax credits in the same proportion as each applicants 142 contribution to payment of solid waste removal costs. These 143 costs are eligible for a tax credit provided that the applicant 144 meets the eligibility requirements of s. 376.82(1) and that 145 submits an affidavit stating that, after consultation with 146 appropriate local government officials and the department, to 147 the best of the applicants knowledge based upon such 148 consultation and available historical records, the brownfield 149 site was never operated as a permitted solid waste disposal area 150 as regulated pursuant to s. 403.704 or was never operated for 151 monetary compensation, and the applicant submits all other 152 documentation and certifications required by this section. In 153 this section, where reference is made to site rehabilitation, 154 the department shall instead consider whether the costs claimed 155 are for solid waste removal. Tax credit applications claiming 156 costs pursuant to this paragraph are shall not be subject to the 157 calendar-year limitation and January 31 annual application 158 deadline, and the department shall accept a one-time application 159 filed subsequent to the completion by the tax credit applicant 160 of the applicable requirements listed in this subsection. A tax 161 credit applicant may claim 50 percent of the costs for solid 162 waste removal, not to exceed $500,000, after the applicant has 163 determined solid waste removal is completed for the brownfield 164 site. A solid waste removal tax credit application may be filed 165 only once per brownfield site. For the purposes of this section, 166 the term: 167 1.Solid waste disposal area means a landfill, dump, or 168 other area where solid waste has been disposed. 169 2.Monetary compensation means the fees that were charged 170 or the assessments that were levied for the disposal of solid 171 waste at a solid waste disposal area. 172 3.Solid waste removal means removal of solid waste from 173 the land surface or excavation of solid waste from below the 174 land surface and removal of the solid waste from the brownfield 175 site. The term also includes: 176 a.Transportation of solid waste to a licensed or exempt 177 solid waste management facility or to a temporary storage area. 178 b.Sorting or screening of solid waste prior to removal 179 from the site. 180 c.Deposition of solid waste at a permitted or exempt solid 181 waste management facility, whether the solid waste is disposed 182 of or recycled. 183 (9)On or before June May 1, the Department of 184 Environmental Protection shall inform each tax credit applicant 185 that is subject to the January 31 annual application deadline of 186 the applicants eligibility status and the amount of any tax 187 credit due. The department shall provide each eligible tax 188 credit applicant with a tax credit certificate that must be 189 submitted with its tax return to the Department of Revenue to 190 claim the tax credit or be transferred pursuant to s. 191 220.1845(2)(g). The June May 1 deadline for annual site 192 rehabilitation tax credit certificate awards does shall not 193 apply to any tax credit application for which the department has 194 issued a notice of deficiency pursuant to subsection (8). The 195 department shall respond within 120 90 days after receiving a 196 response from the tax credit applicant to such a notice of 197 deficiency. Credits may not result in the payment of refunds if 198 total credits exceed the amount of tax owed. 199 Section 3.Subsection (1) of section 376.78, Florida 200 Statutes, is amended to read: 201 376.78Legislative intent.The Legislature finds and 202 declares the following: 203 (1)The reduction of public health and environmental 204 hazards on existing commercial and industrial sites proposed to 205 be rehabilitated and redeveloped is vital to their use and reuse 206 as sources of employment, housing, recreation, and open space 207 areas. The reuse of such sites industrial land is an important 208 component of sound land use policy for productive urban purposes 209 which will help prevent the premature development of farmland, 210 open space areas, and natural areas, and reduce public costs for 211 installing new water, sewer, and highway infrastructure. 212 Section 4.Present subsections (6) through (21) of section 213 376.79, Florida Statutes, are redesignated as subsections (7) 214 through (22), respectively, a new subsection (6) is added to 215 that section, and subsections (4) and (5) of that section are 216 amended, to read: 217 376.79Definitions relating to Brownfields Redevelopment 218 Act.As used in ss. 376.77-376.85, the term: 219 (4)Brownfield sites means any real property, the 220 expansion, redevelopment, or reuse of which may be complicated 221 by actual or perceived environmental contamination and which has 222 not yet been entered into a brownfield site rehabilitation 223 agreement pursuant to s. 376.80(5). 224 (5)Brownfield area means a contiguous area of one or 225 more brownfields brownfield sites, some of which may not be 226 contaminated, and which has been designated by a local 227 government by resolution. Such areas may include all or portions 228 of community redevelopment areas, enterprise zones, empowerment 229 zones, other such designated economically deprived communities 230 and areas, and United States Environmental Protection Agency 231 designated brownfield pilot projects. 232 (6)Brownfield site means the real property identified in 233 a brownfield site rehabilitation agreement executed by the 234 person responsible for brownfield site rehabilitation of the 235 property and the department or a delegated local pollution 236 control program, as applicable. 237 Section 5.Present subsection (3) of section 376.81, 238 Florida Statutes, is redesignated as subsection (4), a new 239 subsection (3) is added to that section, and present subsection 240 (3) of that section is amended, to read: 241 376.81Brownfield site and brownfield areas contamination 242 cleanup criteria. 243 (3)(a)The Legislature finds that rehabilitation and 244 redevelopment of a potential brownfield site that is a portion 245 of a larger contaminated site are significantly complicated when 246 multiple parties may own, lease, or operate different portions 247 of the contaminated site. The Legislature further finds that 248 delaying a persons ability to achieve a No Further Action 249 status for a potential brownfield site until such time as the 250 owners, lessees, or operators of all other portions of the 251 larger historical contaminated site have completed site 252 rehabilitation on their respective portions is not in the public 253 interest, as such delay disincentivizes rehabilitation and 254 redevelopment of the potential brownfield site by imposing 255 unnecessary legal burdens, technical obstacles, and financial 256 costs. 257 (b)Therefore, the Legislature finds that it is in the 258 public interest to remove any such barriers to the 259 rehabilitation and redevelopment of property by providing a 260 clear path to obtaining a No Further Action status in cases 261 where a potential brownfield site is only a portion of a larger 262 contaminated site. 263 (c)If the person responsible for a brownfield site 264 rehabilitation demonstrates compliance with the applicable 265 contamination cleanup criteria described in subsection (1), and 266 the brownfield site is only a portion of a larger contaminated 267 site, the department or any delegated local pollution control 268 program under s. 376.80(9) may not: 269 1.Deny a No Further Action status for the brownfield 270 site; or 271 2.Refuse to issue a site rehabilitation completion order 272 for the brownfield site, regardless of whether it has 273 engineering and institutional controls. This subparagraph 274 applies even where similar contamination exists elsewhere on the 275 contaminated site which was the result of similar or related 276 activities or operations that occurred both on the contaminated 277 site and the brownfield site, provided that all soil and 278 groundwater contamination emanating from the brownfield site is 279 adequately addressed pursuant to chapter 62-780, Florida 280 Administrative Code. 281 (d)This subsection applies to all brownfield sites, 282 irrespective of the effective date of the brownfield site 283 rehabilitation agreement. 284 (4)(3)The cleanup criteria described in this section 285 govern only site rehabilitation activities occurring at the 286 brownfield contaminated site. Removal of contaminated media from 287 a site for offsite relocation or treatment must be in accordance 288 with all applicable federal, state, and local laws and 289 regulations. 290 Section 6.Paragraphs (a) and (b) of subsection (1) and 291 paragraphs (e) and (g) of subsection (2) of section 376.82, 292 Florida Statutes, are amended to read: 293 376.82Eligibility criteria and liability protection. 294 (1)ELIGIBILITY. 295 (a)All of the following persons are eligible to 296 participate in the brownfield program established in ss. 376.77 297 376.85: 298 1.Notwithstanding subparagraph 2., a any person who has 299 not caused or contributed to the contamination of a brownfield 300 site on or after July 1, 1997. 301 2.A local governmental entity, including any other person 302 who may be organized or united with the local governmental 303 entity for a business purpose, if such entity or person did not 304 cause or contribute to the contamination of a brownfield site on 305 or after July 1, 2025. 306 (b)A person eligible to participate in the brownfield 307 program pursuant to paragraph (a) is, is eligible to participate 308 in the brownfield program established in ss. 376.77-376.85, 309 subject to the following: 310 1.(a)Potential brownfield sites that are subject to an 311 ongoing formal judicial or administrative enforcement action or 312 corrective action pursuant to federal authority, including, but 313 not limited to, the Comprehensive Environmental Response 314 Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as 315 amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f-300i, 316 as amended; the Clean Water Act, 33 U.S.C. ss. 1251-1387, as 317 amended; or under an order from the United States Environmental 318 Protection Agency pursuant to s. 3008(h) of the Resource 319 Conservation and Recovery Act, as amended (42 U.S.C.A. s. 320 6928(h)); or that have obtained or are required to obtain a 321 permit for the operation of a hazardous waste treatment, 322 storage, or disposal facility; a post-closure postclosure 323 permit; or a permit pursuant to the federal Hazardous and Solid 324 Waste Amendments of 1984, are not eligible for participation in 325 the brownfield program established in ss. 376.77-376.85 unless, 326 pursuant to paragraph (2)(g), specific exemptions are secured by 327 a memorandum of agreement with the United States Environmental 328 Protection Agency issues a letter stating it has no objection to 329 such participation and the department issues a letter of 330 concurrence pursuant to paragraph (2)(g). A brownfield site 331 within an eligible brownfield area that subsequently becomes 332 subject to formal judicial or administrative enforcement action 333 or corrective action under such federal authority shall have its 334 eligibility revoked unless, specific exemptions are secured by a 335 memorandum of agreement with the United States Environmental 336 Protection Agency pursuant to paragraph (2)(g), the United 337 States Environmental Protection Agency issues a letter stating 338 it has no objection to such participation and the department 339 issues a letter of concurrence. 340 2.(b)A person who is eligible to participate in the 341 brownfield program pursuant to paragraph (a) Persons who have 342 not caused or contributed to the contamination of a brownfield 343 site on or after July 1, 1997, and who, before prior to the 344 departments approval of a brownfield site rehabilitation 345 agreement, is are subject to ongoing corrective action or 346 enforcement under state authority established in this chapter or 347 chapter 403, including those persons subject to a pending 348 consent order with the state, is are eligible for participation 349 in a brownfield site rehabilitation agreement if: 350 a.1.The proposed brownfield site is currently idle or 351 underutilized as a result of the contamination, and 352 participation in the brownfield program will immediately, after 353 cleanup or sooner, result in increased economic productivity at 354 the site, including at a minimum the creation of 10 new 355 permanent jobs, whether full-time or part-time, which are not 356 associated with implementation of the brownfield site 357 rehabilitation agreement. However, the job creation requirement 358 does not apply to the rehabilitation and redevelopment of a 359 brownfield site that will provide housing that is affordable as 360 defined in s. 420.0004; create recreational areas, conservation 361 areas, or parks; or be maintained for cultural or historical 362 preservation purposes; and 363 b.2.The person is complying in good faith with the terms 364 of an existing consent order or department-approved corrective 365 action plan, or responding in good faith to an enforcement 366 action, as evidenced by a determination issued by the department 367 or an approved local pollution control program. 368 (2)LIABILITY PROTECTION. 369 (e)Completion of the performance of the remediation 370 obligations at the brownfield site shall be evidenced by a site 371 rehabilitation completion order letter or a no further action 372 letter issued by the department or the approved local pollution 373 control program, which letter shall include the following 374 statement: Based upon the information provided by (property 375 owner) concerning property located at (address), it is the 376 opinion of (the Florida Department of Environmental Protection 377 or approved local pollution control program) that (party) has 378 successfully and satisfactorily implemented the approved 379 brownfield site rehabilitation agreement schedule and, 380 accordingly, no further action is required to assure that any 381 land use identified in the brownfield site rehabilitation 382 agreement is consistent with existing and proposed uses. 383 (g)1.The Legislature recognizes the benefits of promoting 384 the reuse of brownfield sites, even when subject to its 385 limitations in addressing cleanup liability under federal 386 pollution control programs, including those enumerated in 387 subparagraph (1)(b)1. In an effort to encourage such reuse 388 secure federal liability protection for persons willing to 389 undertake remediation responsibility for site rehabilitation at 390 a brownfield site, the department may, upon receipt of a letter 391 from shall attempt to negotiate a memorandum of agreement or 392 similar document with the United States Environmental Protection 393 Agency stating it has no objection to a sites participation 394 pursuant to subparagraph (1)(b)1. and upon a reasonable 395 demonstration by the person seeking to participate in the 396 brownfield program that he or she will conduct site 397 rehabilitation pursuant to s. 376.81, issue a letter of no 398 objection that states the person may participate in the 399 brownfield program. The department may not require, as a 400 condition of such letter of concurrence, that, whereby the 401 United States Environmental Protection Agency agree agrees to 402 forego enforcement of federal corrective action authority at 403 brownfield sites that have received a site rehabilitation 404 completion order or No Further Action determination from the 405 department or the approved local pollution control program or 406 that are in the process of implementing a brownfield site 407 rehabilitation agreement in accordance with this act. The letter 408 of no objection from the United States Environmental Protection 409 Agency and the letter of concurrence from the department must be 410 added as attachments to the brownfield site rehabilitation 411 agreement. 412 2.Proposed brownfield sites that are subject to ongoing 413 formal judicial or administrative enforcement action or 414 corrective action pursuant to an order from the United States 415 Environmental Protection Agency pursuant to s. 3008(h) of the 416 Resource Conservation and Recovery Act, as amended by 42 U.S.C. 417 s. 6928(h), or that have obtained or are required to obtain a 418 permit for the operation of a hazardous waste treatment, 419 storage, or disposal facility, a post-closure permit, or a 420 permit pursuant to the federal Hazardous and Solid Waste 421 Amendments of 1984 are eligible for participation in the 422 brownfield program established in ss. 376.77-376.85, provided 423 that the sites: 424 a.Obtain the necessary letters of no objection and 425 concurrence pursuant to subparagraph 1. and subparagraph 426 (1)(b)1.; or 427 b.Comply with the provisions of Section V of the 428 Memorandum of Agreement between the department and the United 429 States Environmental Protection Agency Region 4 covering 430 Floridas Brownfield Program, dated November 28, 2005, as may be 431 amended. 432 Section 7.Subsection (3) of section 196.1995, Florida 433 Statutes, is amended to read: 434 196.1995Economic development ad valorem tax exemption. 435 (3)The board of county commissioners or the governing 436 authority of the municipality that calls a referendum within its 437 total jurisdiction to determine whether its respective 438 jurisdiction may grant economic development ad valorem tax 439 exemptions may vote to limit the effect of the referendum to 440 authority to grant economic development tax exemptions for new 441 businesses and expansions of existing businesses located in an 442 enterprise zone or a brownfield area, as defined in s. 376.79 s. 443 376.79(5). If an area nominated to be an enterprise zone 444 pursuant to s. 290.0055 has not yet been designated pursuant to 445 s. 290.0065, the board of county commissioners or the governing 446 authority of the municipality may call such referendum prior to 447 such designation; however, the authority to grant economic 448 development ad valorem tax exemptions does not apply until such 449 area is designated pursuant to s. 290.0065. The ballot question 450 in such referendum shall be in substantially the following form 451 and shall be used in lieu of the ballot question prescribed in 452 subsection (2): 453 454 Shall the board of county commissioners of this county 455 (or the governing authority of this municipality, or 456 both) be authorized to grant, pursuant to s. 3, Art. 457 VII of the State Constitution, property tax exemptions 458 for new businesses and expansions of existing 459 businesses that are located in an enterprise zone or a 460 brownfield area and that are expected to create new, 461 full-time jobs in the county (or municipality, or 462 both)? 463 464 ....YesFor authority to grant exemptions. 465 ....NoAgainst authority to grant exemptions. 466 467 Section 8.Paragraph (c) of subsection (5) of section 468 288.1175, Florida Statutes, is amended to read: 469 288.1175Agriculture education and promotion facility. 470 (5)The Department of Agriculture and Consumer Services 471 shall competitively evaluate applications for funding of an 472 agriculture education and promotion facility. If the number of 473 applicants exceeds three, the Department of Agriculture and 474 Consumer Services shall rank the applications based upon 475 criteria developed by the Department of Agriculture and Consumer 476 Services, with priority given in descending order to the 477 following items: 478 (c)The location of the facility in a brownfield site as 479 defined in s. 376.79 s. 376.79(4), a rural enterprise zone as 480 defined in s. 290.004, an agriculturally depressed area as 481 defined in s. 570.74, or a county that has lost its agricultural 482 land to environmental restoration projects. 483 Section 9.For the purpose of incorporating the amendment 484 made by this act to section 376.79, Florida Statutes, in a 485 reference thereto, subsection (1) of section 1004.53, Florida 486 Statutes, is reenacted to read: 487 1004.53Interdisciplinary Center for Brownfield 488 Rehabilitation Assistance.The Center for Brownfield 489 Rehabilitation Assistance in the Environmental Sciences and 490 Policy Program is established in the College of Arts and 491 Sciences at the University of South Florida with the 492 collaboration of other related disciplines such as business 493 administration, environmental science, and medicine. The center 494 shall work in conjunction with other state universities. The 495 Center for Brownfield Rehabilitation Assistance shall: 496 (1)Conduct research relating to problems and solutions 497 associated with rehabilitation and restoration of brownfield 498 areas as defined in s. 376.79. The research must include 499 identifying innovative solutions to removing contamination from 500 brownfield sites to reduce the threats to drinking water 501 supplies and other potential public health threats from 502 contaminated sites. 503 Section 10.This act shall take effect July 1, 2025. 504