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Brownfields Legislative Update Presented by: F. Joseph Ullo, Jr. FBA Legislative Committee

Brownfields Legislative Update Presented by: F. Joseph Ullo, Jr. FBA Legislative Committee. Outline of Presentation. Background; FBA Priorities for 2013; FBA Proposed Legislation; Other Proposed Legislation; New Laws and impact: Brownfields General Environmental Development; and

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Brownfields Legislative Update Presented by: F. Joseph Ullo, Jr. FBA Legislative Committee

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  1. Brownfields Legislative UpdatePresented by:F. Joseph Ullo, Jr.FBA Legislative Committee

  2. Outline of Presentation • Background; • FBA Priorities for 2013; • FBA Proposed Legislation; • Other Proposed Legislation; • New Laws and impact: • Brownfields • General Environmental • Development; and • Future FBA Plans.

  3. Background • Past Success and Media Scrutiny • 2009 Summer: Herald Tribune publishes Tallevast Cleanup may take up to 50 years. • 2010, 2011 and 2012 Sessions: Helped clarify the understanding of contamination notification requirements. • 2011 Session: Increased VCTC from $2 million annually to $5 million. • 2012 Summer: Orlando Sentinel publishes ‘Brownfield’ Companies Get Tax Break without Proof of Contamination.

  4. FBA Priorities for 2013 • Clarify Brownfield Designation Criteria, Section 376.80 • Local Government and Private Designations • Clarify hearing, notification and publication requirements • Third party liability protection, Section 376.82 • Clarification of Building Materials Tax Refund requirements, Section 212.08.

  5. FBA Stand-Alone Legislation (Offense) • House Bill 415 and Senate Bill 554 • Included the FBA Initiatives • Representative Travis Hutson and Senator Thad Altman

  6. Brownfields Related Legislation(Defense) • Senate Bill 406, amends Section 212.08 and Section 288.107 • Limits those within brownfield areas that can take advantage of • Sales Tax Refunds on building materials; • Job Bonus Refunds; • Grandfathering Language included; • Bill Sponsor: • Senator Andy Gardiner • Orange and Brevard Counties

  7. What Passed? • Brownfields – • Chapter 2013-42, An Act relating to Economic Development: • Restricts building material sale tax refunds and job bonuses to brownfield sites or properties abutting the brownfield sites; • FBA Proposed Legislation did not pass.

  8. Other Environmental and Development Laws • House Bill 999 became Chapter 2013-92, Laws of Florida • Act Relating to Environmental Regulation • Amends Section 376.30713 which relates to Preapproved Advanced Cleanup for petroleum. • Total contract raised from $10 mm to $15 mm per year; • Maximum per facility raised from $0.5 mm to $5 mm. • Amends Section 376.313 to specifically exclude permitted discharges. • Amends Section 125.022 limits request for information to no more than 3.

  9. Other Environmental and Development Laws continued • Senate Bill 1502 became Chapter 2013-41, Laws of Florida • Adjusting the Petroleum Cleanup Program and amending s. 376.30711. • All task assignments, work orders, and contracts for providers under the Petroleum Restoration Program entered by the department on or after July 1, 2013, pursuant to this section and ss. 376.3071 and 376.30713 must be procured through competitive bidding pursuant to s. 287.056, s. 287.057, or s. 287.0595.

  10. Other Environmental and Development Laws continued • Senate Bill 606 became Chapter 2013-173, Laws of Florida • Creating s. 343.1001 et.seq. and the Northeast Florida Regional Transportation Commission • The express purposes of the commission are to improve mobility and expand multimodal transportation options for persons and freight throughout the six-county North Florida region. • First meeting within 60 days of July 1, 2013.

  11. Other Environmental and Development Laws continued • CS for House Bill 7019 became Chapter 2013-213, Laws of Florida, relating to Development Permits • Amends Chapters 125 and 166, F.S. • Extends permit period for another two years to allow the economy to recover.

  12. Ongoing Rulemaking • Rule 62-785, FAC now part of Rule 62-780, FAC • AIF Petition – RBCA Changes forthcoming • Petroleum Rulemaking underway • Rule 62-771, FAC • Rule 62-772, FAC

  13. Questions? • Joseph Ullo – Jullo@llw-law.com • (850) 222-5702 THANKS!!

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