Notice of Development of Rulemaking

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Departmental
RULE NO: RULE TITLE
62-788: VOLUNTARY CLEANUP TAX CREDIT RULE
62-788.100: Applicability and Limitations
62-788.150: Referenced Guidelines
62-788.200: Definitions
62-788.300: Application Process
62-788.310: Affordable Housing VCTC Application Process
62-788.320: Solid Waste VCTC Application Process
62-788.400: Eligibility Determination
62-788.900: Forms
PURPOSE AND EFFECT: The Voluntary Cleanup Tax Credit Program has been expanded and clarified by statute, and the department proposes to clarify some existing requirements based on experience in implementing the program since the rule was initially adopted. The changes included in Chapter 62-788, F.A.C., will describe how the Voluntary Cleanup Tax Credit program has been expanded to include additional types of credits, how the applications will be reviewed, and how the tax credit awards will be calculated.
SUBJECT AREA TO BE ADDRESSED: The changes to Chapter 62-788, F.A.C., will incorporate or introduce the following at eligible sites: an increase in the per-site tax credit award amount and percentage for site rehabilitation; requirements for issuance of a one-time tax credit award when use of the brownfield site is limited to affordable housing; requirements for issuance of a one-time tax credit when solid waste is removed, transported and disposed of in accordance with department rules; extension of the application deadline from December 31 to January 15; extension of the site rehabilitation certificate issuance deadline from March 1 to March 31; updates in terminology and definitions for consistency and clarity; clarification of the useful life of issued tax credit certificates; clarification that applications must be complete by the submittal deadline and that placeholder applications are not accepted; allowance of tax credits for site rehabilitation conducted prior to brownfield area designation or the execution of the applicable voluntary cleanup agreement or brownfield site rehabilitation agreement.
SPECIFIC AUTHORITY: 376.30781, F.S.
LAW IMPLEMENTED: 376.30781, F.S.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: September 8, 2006 at 9:00 a.m.
PLACE: The Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida (Conference Room 609)
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Beth Walker at (850) 245-8933. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Elizabeth E. Walker, Department of Environmental Protection, Bureau of Waste Cleanup, M.S. 4505, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, (850) 245-8933 or Beth.Walker@dep.state.fl.us. Copies of directions to the meeting room, the proposed rule, or the agenda are available via the internet at: http://www.dep.state.fl.us/waste/categories/wc/pages/WCRuleDevelopment.htm.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.