October 22, 2020
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       CS for SB 1126                                   First Engrossed
       
       
       
       
       
       
       
       
       20101126e1
       
    1  
    2                        A bill to be entitled                      
    3         An act relating to permitting; amending ss. 220.1845
    4         and 376.30781, F.S.; providing requirements for
    5         claiming certain site rehabilitation costs in
    6         applications for contaminated site rehabilitation tax
    7         credits; conforming cross-references; amending s.
    8         376.85, F.S.; revising requirements for the Department
    9         of Environmental Protection’s annual report regarding
   10         site rehabilitation; amending s. 403.973, F.S.;
   11         clarifying duties of the Office of Tourism, Trade, and
   12         Economic Development to approve expedited permitting
   13         and comprehensive plan amendments; providing
   14         additional authority to the Secretary of Environmental
   15         Protection; revising criteria for businesses
   16         submitting permit applications or local comprehensive
   17         plan amendments; providing that permit applications
   18         and local comprehensive plan amendments for specified
   19         biofuel and renewable energy projects are eligible for
   20         the expedited permitting process; providing for the
   21         establishment of regional permit action teams through
   22         the execution of memoranda of agreement developed by
   23         permit applicants and the secretary; providing for the
   24         appeal of a local government’s approval of an
   25         expedited permit or comprehensive plan amendment;
   26         requiring such appeals to be consolidated with
   27         challenges to state agency actions; specifying the
   28         form of the memoranda of agreement developed by the
   29         secretary; revising the deadline by which certain
   30         final orders must be issued; specifying additional
   31         requirements for recommended orders; providing for
   32         challenges to state agency action related to expedited
   33         permitting for specified renewable energy projects;
   34         revising provisions relating to the review of sites
   35         proposed for the location of facilities eligible for
   36         the Innovation Incentive Program; providing that
   37         electrical power projects using renewable fuels are
   38         eligible for expedited review; providing legislative
   39         findings; requiring that the Department of Community
   40         Affairs and the Office of Tourism, Trade, and Economic
   41         Development, in consultation with the Florida Energy
   42         and Climate Commission, submit recommendations to the
   43         Governor and Legislature relating to the Energy
   44         Economic Zone Pilot Program; requiring coordination
   45         with the pilot communities and clean technology
   46         industries in developing certain recommendations;
   47         providing an effective date.
   48                                                                  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Present subsections (1), (2), and (3) of section
   52  220.1845, Florida Statutes, are renumbered as subsections (2),
   53  (3), and (4), respectively, and a new subsection (1) is added to
   54  that section, to read:
   55         220.1845 Contaminated site rehabilitation tax credit.—
   56         (1) APPLICATION FOR TAX CREDIT.—A site rehabilitation
   57  application must be received by the Division of Waste Management
   58  of the Department of Environmental Protection by January 31 of
   59  the year after the calendar year for which site rehabilitation
   60  costs are being claimed in a tax credit application. All site
   61  rehabilitation costs claimed must have been for work conducted
   62  between January 1 and December 31 of the year for which the
   63  application is being submitted. All payment requests must be
   64  received and all costs must be paid before submission of the tax
   65  credit application, but no later than January 31 of the year
   66  after the calendar year for which site rehabilitation costs are
   67  claimed.
   68         Section 2. Paragraph (a) of subsection (5), paragraph (c)
   69  of subsection (6), and subsections (9) and (10) of section
   70  376.30781, Florida Statutes, are amended to read:
   71         376.30781 Tax credits for rehabilitation of drycleaning
   72  solvent-contaminated sites and brownfield sites in designated
   73  brownfield areas; application process; rulemaking authority;
   74  revocation authority.—
   75         (5) To claim the credit for site rehabilitation or solid
   76  waste removal, each tax credit applicant must apply to the
   77  Department of Environmental Protection for an allocation of the
   78  $2 million annual credit by filing a tax credit application with
   79  the Division of Waste Management on a form developed by the
   80  Department of Environmental Protection in cooperation with the
   81  Department of Revenue. The form shall include an affidavit from
   82  each tax credit applicant certifying that all information
   83  contained in the application, including all records of costs
   84  incurred and claimed in the tax credit application, are true and
   85  correct. If the application is submitted pursuant to
   86  subparagraph (3)(a)2., the form must include an affidavit signed
   87  by the real property owner stating that it is not, and has never
   88  been, the owner or operator of the drycleaning facility where
   89  the contamination exists. Approval of tax credits must be
   90  accomplished on a first-come, first-served basis based upon the
   91  date and time complete applications are received by the Division
   92  of Waste Management, subject to the limitations of subsection
   93  (14). To be eligible for a tax credit, the tax credit applicant
   94  must:
   95         (a) For site rehabilitation tax credits, have entered into
   96  a voluntary cleanup agreement with the Department of
   97  Environmental Protection for a drycleaning-solvent-contaminated
   98  site or a Brownfield Site Rehabilitation Agreement, as
   99  applicable, and have paid all deductibles pursuant to s.
  100  376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
  101  sites, as applicable. A site rehabilitation tax credit applicant
  102  must submit only a single completed application per site for
  103  each calendar year’s site rehabilitation costs. A site
  104  rehabilitation application must be received by the Division of
  105  Waste Management of the Department of Environmental Protection
  106  by January 31 of the year after the calendar year for which site
  107  rehabilitation costs are being claimed in a tax credit
  108  application. All site rehabilitation costs claimed must have
  109  been for work conducted between January 1 and December 31 of the
  110  year for which the application is being submitted. All payment
  111  requests must be received and all costs must be paid before
  112  submission of the tax credit application, but no later than
  113  January 31 of the year after the calendar year for which site
  114  rehabilitation costs are claimed.
  115         (6) To obtain the tax credit certificate, the tax credit
  116  applicant must provide all pertinent information requested on
  117  the tax credit application form, including, at a minimum, the
  118  name and address of the tax credit applicant and the address and
  119  tracking identification number of the eligible site. Along with
  120  the tax credit application form, the tax credit applicant must
  121  submit the following:
  122         (c) Proof that the documentation submitted pursuant to
  123  paragraph (b) has been reviewed and verified by an independent
  124  certified public accountant in accordance with standards
  125  established by the American Institute of Certified Public
  126  Accountants. Specifically, a certified public accountant’s
  127  report must be submitted and the certified public accountant
  128  must attest to the accuracy and validity of the costs claimed
  129  incurred and paid during the time period covered in the
  130  application by conducting an independent review of the data
  131  presented by the tax credit applicant. Accuracy and validity of
  132  costs incurred and paid shall be determined after the level of
  133  effort is certified by an appropriate professional registered in
  134  this state in each contributing technical discipline. The
  135  certified public accountant’s report must also attest that the
  136  costs included in the application form are not duplicated within
  137  the application, that all payment requests were received and all
  138  costs were paid before submission of the tax credit application,
  139  and, for site rehabilitation tax credits, that all costs claimed
  140  are for work conducted between January 1 and December 31 of the
  141  year for which the application is submitted. A copy of the
  142  accountant’s report shall be submitted to the Department of
  143  Environmental Protection in addition to the accountant’s
  144  certification form in the tax credit application; and
  145         (9) On or before May 1, the Department of Environmental
  146  Protection shall inform each tax credit applicant that is
  147  subject to the January 31 annual application deadline of the
  148  applicant’s eligibility status and the amount of any tax credit
  149  due. The department shall provide each eligible tax credit
  150  applicant with a tax credit certificate that must be submitted
  151  with its tax return to the Department of Revenue to claim the
  152  tax credit or be transferred pursuant to s. 220.1845(2)(g) s.
  153  220.1845(1)(g). The May 1 deadline for annual site
  154  rehabilitation tax credit certificate awards shall not apply to
  155  any tax credit application for which the department has issued a
  156  notice of deficiency pursuant to subsection (8). The department
  157  shall respond within 90 days after receiving a response from the
  158  tax credit applicant to such a notice of deficiency. Credits may
  159  not result in the payment of refunds if total credits exceed the
  160  amount of tax owed.
  161         (10) For solid waste removal, new health care facility or
  162  health care provider, and affordable housing tax credit
  163  applications, the Department of Environmental Protection shall
  164  inform the applicant of the department’s determination within 90
  165  days after the application is deemed complete. Each eligible tax
  166  credit applicant shall be informed of the amount of its tax
  167  credit and provided with a tax credit certificate that must be
  168  submitted with its tax return to the Department of Revenue to
  169  claim the tax credit or be transferred pursuant to s.
  170  220.1845(2)(g) s. 220.1845(1)(g). Credits may not result in the
  171  payment of refunds if total credits exceed the amount of tax
  172  owed.
  173         Section 3. Section 376.85, Florida Statutes, is amended to
  174  read:
  175         376.85 Annual report.—The Department of Environmental
  176  Protection shall prepare and submit an annual report to the
  177  President of the Senate and the Speaker of the House of
  178  Representatives by August 1 of each year a report that includes
  179  Legislature, beginning in December 1998, which shall include,
  180  but is not be limited to, the number, size, and locations of
  181  brownfield sites: that have been remediated under the provisions
  182  of this act; that are currently under rehabilitation pursuant to
  183  a negotiated site rehabilitation agreement with the department
  184  or a delegated local program; where alternative cleanup target
  185  levels have been established pursuant to s. 376.81(1)(g)3.; and,
  186  where engineering and institutional control strategies are being
  187  employed as conditions of a “no further action order” to
  188  maintain the protections provided in s. 376.81(1)(g)1. and 2.
  189         Section 4. Section 403.973, Florida Statutes, is amended to
  190  read:
  191         403.973 Expedited permitting; amendments to comprehensive
  192  plans plan amendments.—
  193         (1) It is the intent of the Legislature to encourage and
  194  facilitate the location and expansion of those types of economic
  195  development projects which offer job creation and high wages,
  196  strengthen and diversify the state’s economy, and have been
  197  thoughtfully planned to take into consideration the protection
  198  of the state’s environment. It is also the intent of the
  199  Legislature to provide for an expedited permitting and
  200  comprehensive plan amendment process for such projects.
  201         (2) As used in this section, the term:
  202         (a) “Duly noticed” means publication in a newspaper of
  203  general circulation in the municipality or county with
  204  jurisdiction. The notice shall appear on at least 2 separate
  205  days, one of which shall be at least 7 days before the meeting.
  206  The notice shall state the date, time, and place of the meeting
  207  scheduled to discuss or enact the memorandum of agreement, and
  208  the places within the municipality or county where such proposed
  209  memorandum of agreement may be inspected by the public. The
  210  notice must be one-eighth of a page in size and must be
  211  published in a portion of the paper other than the legal notices
  212  section. The notice shall also advise that interested parties
  213  may appear at the meeting and be heard with respect to the
  214  memorandum of agreement.
  215         (b) “Jobs” means permanent, full-time equivalent positions
  216  not including construction jobs.
  217         (c) “Office” means the Office of Tourism, Trade, and
  218  Economic Development.
  219         (d) “Permit applications” means state permits and licenses,
  220  and at the option of a participating local government, local
  221  development permits or orders.
  222         (e) “Secretary” means the Secretary of Environmental
  223  Protection or his or her designee.
  224         (3)(a) The secretary Governor, through the office, shall
  225  direct the creation of regional permit action teams, for the
  226  purpose of expediting review of permit applications and local
  227  comprehensive plan amendments submitted by:
  228         1. Businesses creating at least 50 100 jobs;, or
  229         2. Businesses creating at least 25 50 jobs if the project
  230  is located in an enterprise zone, or in a county having a
  231  population of fewer less than 75,000 or in a county having a
  232  population of fewer less than 100,000 which is contiguous to a
  233  county having a population of fewer less than 75,000, as
  234  determined by the most recent decennial census, residing in
  235  incorporated and unincorporated areas of the county., or
  236         (b) On a case-by-case basis and at the request of a county
  237  or municipal government, the office may certify as eligible for
  238  expedited review a project not meeting the minimum job creation
  239  thresholds but creating a minimum of 10 jobs. The recommendation
  240  from the governing body of the county or municipality in which
  241  the project may be located is required in order for the office
  242  to certify that any project is eligible for expedited review
  243  under this paragraph. When considering projects that do not meet
  244  the minimum job creation thresholds but that are recommended by
  245  the governing body in which the project may be located, the
  246  office shall consider economic impact factors that include, but
  247  are not limited to:
  248         1. The proposed wage and skill levels relative to those
  249  existing in the area in which the project may be located;
  250         2. The project’s potential to diversify and strengthen the
  251  area’s economy;
  252         3. The amount of capital investment; and
  253         4. The number of jobs that will be made available for
  254  persons served by the welfare transition program.
  255         (c) At the request of a county or municipal government, the
  256  office or a Quick Permitting County may certify projects located
  257  in counties where the ratio of new jobs per participant in the
  258  welfare transition program, as determined by Workforce Florida,
  259  Inc., is less than one or otherwise critical, as eligible for
  260  the expedited permitting process. Such projects must meet the
  261  numerical job creation criteria of this subsection, but the jobs
  262  created by the project do not have to be high-wage jobs that
  263  diversify the state’s economy.
  264         (d) Projects located in a designated brownfield area are
  265  eligible for the expedited permitting process.
  266         (e) Projects that are part of the state-of-the-art
  267  biomedical research institution and campus to be established in
  268  this state by the grantee under s. 288.955 are eligible for the
  269  expedited permitting process, if the projects are designated as
  270  part of the institution or campus by the board of county
  271  commissioners of the county in which the institution and campus
  272  are established.
  273         (f) Projects resulting in the production of biofuels
  274  cultivated on lands that are 1,000 acres or more or the
  275  construction of a biofuel or biodiesel processing facility or a
  276  facility generating renewable energy as defined in s.
  277  366.91(2)(d) are eligible for the expedited permitting process.
  278         (4) The regional teams shall be established through the
  279  execution of memoranda of agreement developed by the applicant
  280  and secretary, with input solicited from between the office and
  281  the respective heads of the Department of Environmental
  282  Protection, the Department of Community Affairs, the Department
  283  of Transportation and its district offices, the Department of
  284  Agriculture and Consumer Services, the Fish and Wildlife
  285  Conservation Commission, appropriate regional planning councils,
  286  appropriate water management districts, and voluntarily
  287  participating municipalities and counties. The memoranda of
  288  agreement should also accommodate participation in this
  289  expedited process by other local governments and federal
  290  agencies as circumstances warrant.
  291         (5) In order to facilitate local government’s option to
  292  participate in this expedited review process, the secretary
  293  office shall, in cooperation with local governments and
  294  participating state agencies, create a standard form memorandum
  295  of agreement. A local government shall hold a duly noticed
  296  public workshop to review and explain to the public the
  297  expedited permitting process and the terms and conditions of the
  298  standard form memorandum of agreement.
  299         (6) The local government shall hold a duly noticed public
  300  hearing to execute a memorandum of agreement for each qualified
  301  project. Notwithstanding any other provision of law, and at the
  302  option of the local government, the workshop provided for in
  303  subsection (5) may be conducted on the same date as the public
  304  hearing held under this subsection. The memorandum of agreement
  305  that a local government signs shall include a provision
  306  identifying necessary local government procedures and time
  307  limits that will be modified to allow for the local government
  308  decision on the project within 90 days. The memorandum of
  309  agreement applies to projects, on a case-by-case basis, that
  310  qualify for special review and approval as specified in this
  311  section. The memorandum of agreement must make it clear that
  312  this expedited permitting and review process does not modify,
  313  qualify, or otherwise alter existing local government
  314  nonprocedural standards for permit applications, unless
  315  expressly authorized by law.
  316         (7) At the option of the participating local government,
  317  Appeals of local government comprehensive plan approvals its
  318  final approval for a project shall may be pursuant to the
  319  summary hearing provisions of s. 120.574, pursuant to subsection
  320  (14), and consolidated with the challenge of any applicable
  321  state agency actions or pursuant to other appellate processes
  322  available to the local government. The local government’s
  323  decision to enter into a summary hearing must be made as
  324  provided in s. 120.574 or in the memorandum of agreement.
  325         (8) Each memorandum of agreement shall include a process
  326  for final agency action on permit applications and local
  327  comprehensive plan amendment approvals within 90 days after
  328  receipt of a completed application, unless the applicant agrees
  329  to a longer time period or the secretary office determines that
  330  unforeseen or uncontrollable circumstances preclude final agency
  331  action within the 90-day timeframe. Permit applications governed
  332  by federally delegated or approved permitting programs whose
  333  requirements would prohibit or be inconsistent with the 90-day
  334  timeframe are exempt from this provision, but must be processed
  335  by the agency with federally delegated or approved program
  336  responsibility as expeditiously as possible.
  337         (9) The secretary office shall inform the Legislature by
  338  October 1 of each year which agencies have not entered into or
  339  implemented an agreement and identify any barriers to achieving
  340  success of the program.
  341         (10) The memoranda of agreement may provide for the waiver
  342  or modification of procedural rules prescribing forms, fees,
  343  procedures, or time limits for the review or processing of
  344  permit applications under the jurisdiction of those agencies
  345  that are party to the memoranda of agreement. Notwithstanding
  346  any other provision of law to the contrary, a memorandum of
  347  agreement must to the extent feasible provide for proceedings
  348  and hearings otherwise held separately by the parties to the
  349  memorandum of agreement to be combined into one proceeding or
  350  held jointly and at one location. Such waivers or modifications
  351  shall not be available for permit applications governed by
  352  federally delegated or approved permitting programs, the
  353  requirements of which would prohibit, or be inconsistent with,
  354  such a waiver or modification.
  355         (11) The standard form for memoranda of agreement shall
  356  include guidelines to be used in working with state, regional,
  357  and local permitting authorities. Guidelines may include, but
  358  are not limited to, the following:
  359         (a) A central contact point for filing permit applications
  360  and local comprehensive plan amendments and for obtaining
  361  information on permit and local comprehensive plan amendment
  362  requirements;
  363         (b) Identification of the individual or individuals within
  364  each respective agency who will be responsible for processing
  365  the expedited permit application or local comprehensive plan
  366  amendment for that agency;
  367         (c) A mandatory preapplication review process to reduce
  368  permitting conflicts by providing guidance to applicants
  369  regarding the permits needed from each agency and governmental
  370  entity, site planning and development, site suitability and
  371  limitations, facility design, and steps the applicant can take
  372  to ensure expeditious permit application and local comprehensive
  373  plan amendment review. As a part of this process, the first
  374  interagency meeting to discuss a project shall be held within 14
  375  days after the secretary’s office’s determination that the
  376  project is eligible for expedited review. Subsequent interagency
  377  meetings may be scheduled to accommodate the needs of
  378  participating local governments that are unable to meet public
  379  notice requirements for executing a memorandum of agreement
  380  within this timeframe. This accommodation may not exceed 45 days
  381  from the secretary’s office’s determination that the project is
  382  eligible for expedited review;
  383         (d) The preparation of a single coordinated project
  384  description form and checklist and an agreement by state and
  385  regional agencies to reduce the burden on an applicant to
  386  provide duplicate information to multiple agencies;
  387         (e) Establishment of a process for the adoption and review
  388  of any comprehensive plan amendment needed by any certified
  389  project within 90 days after the submission of an application
  390  for a comprehensive plan amendment. However, the memorandum of
  391  agreement may not prevent affected persons as defined in s.
  392  163.3184 from appealing or participating in this expedited plan
  393  amendment process and any review or appeals of decisions made
  394  under this paragraph; and
  395         (f) Additional incentives for an applicant who proposes a
  396  project that provides a net ecosystem benefit.
  397         (12) The applicant, the regional permit action team, and
  398  participating local governments may agree to incorporate into a
  399  single document the permits, licenses, and approvals that are
  400  obtained through the expedited permit process. This consolidated
  401  permit is subject to the summary hearing provisions set forth in
  402  subsection (14).
  403         (13) Notwithstanding any other provisions of law:
  404         (a) Local comprehensive plan amendments for projects
  405  qualified under this section are exempt from the twice-a-year
  406  limits provision in s. 163.3187; and
  407         (b) Projects qualified under this section are not subject
  408  to interstate highway level-of-service standards adopted by the
  409  Department of Transportation for concurrency purposes. The
  410  memorandum of agreement specified in subsection (5) must include
  411  a process by which the applicant will be assessed a fair share
  412  of the cost of mitigating the project’s significant traffic
  413  impacts, as defined in chapter 380 and related rules. The
  414  agreement must also specify whether the significant traffic
  415  impacts on the interstate system will be mitigated through the
  416  implementation of a project or payment of funds to the
  417  Department of Transportation. Where funds are paid, the
  418  Department of Transportation must include in the 5-year work
  419  program transportation projects or project phases, in an amount
  420  equal to the funds received, to mitigate the traffic impacts
  421  associated with the proposed project.
  422         (14)(a) Challenges to state agency action in the expedited
  423  permitting process for projects processed under this section are
  424  subject to the summary hearing provisions of s. 120.574, except
  425  that the administrative law judge’s decision, as provided in s.
  426  120.574(2)(f), shall be in the form of a recommended order and
  427  shall not constitute the final action of the state agency. In
  428  those proceedings where the action of only one agency of the
  429  state, other than the Department of Environmental Protection, is
  430  challenged, the agency of the state shall issue the final order
  431  within 45 10 working days after of receipt of the administrative
  432  law judge’s recommended order. The recommended order shall
  433  inform the parties of their right to file exceptions or
  434  responses to the recommended order in accordance with the Rules
  435  of Administrative Procedure. In those proceedings where the
  436  actions of more than one agency of the state are challenged, the
  437  Governor shall issue the final order within 45 10 working days
  438  after of receipt of the administrative law judge’s recommended
  439  order. The recommended order shall inform the parties of their
  440  right to file exceptions or responses to the recommended order
  441  in accordance with the Rules of Administrative Procedure. This
  442  paragraph does not apply to the issuance of department licenses
  443  required under any federally delegated or approved permit
  444  program. In such instances, the department shall enter the final
  445  order. The participating agencies of the state may opt at the
  446  preliminary hearing conference to allow the administrative law
  447  judge’s decision to constitute the final agency action. If a
  448  participating local government agrees to participate in the
  449  summary hearing provisions of s. 120.574 for purposes of review
  450  of local government comprehensive plan amendments, s.
  451  163.3184(9) and (10) apply.
  452         (b) Projects identified in paragraph (3)(f) or challenges
  453  to state agency action in the expedited permitting process for
  454  establishment of a state-of-the-art biomedical research
  455  institution and campus in this state by the grantee under s.
  456  288.955 are subject to the same requirements as challenges
  457  brought under paragraph (a), except that, notwithstanding s.
  458  120.574, summary proceedings must be conducted within 30 days
  459  after a party files the motion for summary hearing, regardless
  460  of whether the parties agree to the summary proceeding.
  461         (15) The office, working with the agencies providing
  462  cooperative assistance and input regarding participating in the
  463  memoranda of agreement, shall review sites proposed for the
  464  location of facilities eligible for the Innovation Incentive
  465  Program under s. 288.1089. Within 20 days after the request for
  466  the review by the office, the agencies shall provide to the
  467  office a statement as to each site’s necessary permits under
  468  local, state, and federal law and an identification of
  469  significant permitting issues, which if unresolved, may result
  470  in the denial of an agency permit or approval or any significant
  471  delay caused by the permitting process.
  472         (16) This expedited permitting process shall not modify,
  473  qualify, or otherwise alter existing agency nonprocedural
  474  standards for permit applications or local comprehensive plan
  475  amendments, unless expressly authorized by law. If it is
  476  determined that the applicant is not eligible to use this
  477  process, the applicant may apply for permitting of the project
  478  through the normal permitting processes.
  479         (17) The office shall be responsible for certifying a
  480  business as eligible for undergoing expedited review under this
  481  section. Enterprise Florida, Inc., a county or municipal
  482  government, or the Rural Economic Development Initiative may
  483  recommend to the Office of Tourism, Trade, and Economic
  484  Development that a project meeting the minimum job creation
  485  threshold undergo expedited review.
  486         (18) The office, working with the Rural Economic
  487  Development Initiative and the agencies participating in the
  488  memoranda of agreement, shall provide technical assistance in
  489  preparing permit applications and local comprehensive plan
  490  amendments for counties having a population of less than 75,000
  491  residents, or counties having fewer than 100,000 residents which
  492  are contiguous to counties having fewer than 75,000 residents.
  493  Additional assistance may include, but not be limited to,
  494  guidance in land development regulations and permitting
  495  processes, working cooperatively with state, regional, and local
  496  entities to identify areas within these counties which may be
  497  suitable or adaptable for preclearance review of specified types
  498  of land uses and other activities requiring permits.
  499         (19) The following projects are ineligible for review under
  500  this part:
  501         (a) A project funded and operated by a local government, as
  502  defined in s. 377.709, and located within that government’s
  503  jurisdiction.
  504         (b) A project, the primary purpose of which is to:
  505         1. Effect the final disposal of solid waste, biomedical
  506  waste, or hazardous waste in this state.
  507         2. Produce electrical power, unless the production of
  508  electricity is incidental and not the primary function of the
  509  project or the electrical power is derived from a fuel source
  510  for renewable energy as defined in s. 366.91(2)(d).
  511         3. Extract natural resources.
  512         4. Produce oil.
  513         5. Construct, maintain, or operate an oil, petroleum,
  514  natural gas, or sewage pipeline.
  515         Section 5. (1)The Legislature finds that the ability of
  516  the pilot communities designated under the Energy Economic Zone
  517  Pilot Program pursuant to s. 377.809, Florida Statutes, to
  518  provide incentives is essential to these communities attracting
  519  clean technology industries and investments to the state and
  520  establishing the base information necessary to assess whether to
  521  revise state policies and expand the pilot program to other
  522  communities.
  523         (2) By February 1, 2011, the Department of Community
  524  Affairs and the Office of Tourism, Trade, and Economic
  525  Development, in consultation with the Florida Energy and Climate
  526  Commission, shall submit recommendations to the Governor, the
  527  President of the Senate, and the Speaker of the House of
  528  Representatives of appropriate incentives and statutory
  529  revisions necessary to provide the pilot communities with the
  530  tools for accomplishing the goals of the pilot program. In
  531  developing their recommendations, the Department of Community
  532  Affairs and the Office of Tourism, Trade, and Economic
  533  Development, at a minimum, shall consider:
  534         (a) Fiscal and regulatory incentives.
  535         (b) A jobs tax credit and corporate property tax credit
  536  pursuant to chapter 220, Florida Statutes.
  537         (c) Refunds and exemptions from the sales and use tax in
  538  chapter 212, Florida Statutes, for job creation, building
  539  materials, business property, and products used for clean
  540  technology businesses and investments within the designated
  541  energy economic zones.
  542         (3) The Department of Community Affairs and the Office of
  543  Tourism, Trade, and Economic Development shall also coordinate
  544  with the pilot communities and clean technology industries in
  545  identifying incentives and strategies that will help attract
  546  emerging clean technology industries and investments to the
  547  state.
  548         Section 6. This act shall take effect upon becoming a law.

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