State lawmakers have passed a bill that would accelerate the cleanup and redevelopment of some of South Florida’s contaminated lands — and bypass local government approval processes to do so.
The Infill Redevelopment Act, or SB 1434, has drawn criticism about how it preempts local governments’ control. But the bill’s proponents say it’s a key step toward offering additional, much-needed affordable housing in South Florida, while backing the removal of hazardous substances.
“It’s about utilizing underutilized or vacant property, and in this instance, it’s regarding currently contaminated land,” said the bill’s sponsor, Sen. Alexis Calatayud, R-Miami. “We are hundreds of thousands of housing units away from having enough attainable housing for the people that live in our state.”
The bill specifically streamlines the process of residential development on land classified by the state as “environmentally impacted.” Such lands — which could include shuttered golf courses, according to experts — would be remediated, or cleaned up, following guidelines.
The bill says eligible properties would be in Florida counties whose populations exceed 1.475 million, according to the most recent decennial census, and that have at least 15 municipalities. Palm Beach, Broward and Miami-Dade counties fit that description.
The details
Qualifying residential development projects will no longer be subject to several traditional phases of review by local governments to receive approval, including lengthy public hearings on rezoning and land use permissions, lawmakers said during session meetings.
Stephen Tilbrook, a South Florida land use and environmental attorney, said the bill would expedite housing development by cutting the lengthy amount of time, resources, and limitations present in local review processes.
“The public interest that’s identified in this bill is the fact that there is a shortage of housing availability in Florida, and there are land use regulations that impair the ability to build and operate housing,” Tilbrook said.
Developers who utilize the law must still abide by guidelines to “ensure compatibility with the character of the local community,” which could shape details such as the color or height of buildings.
The project’s number of residences cannot exceed the average number of residences in nearby areas, either. And if the development site is surrounded by existing single-family homes or townhouses, there must be a maintained buffer space between them.
If the development parcel includes and facilities or spaces once used as recreational sites, such as golf courses or clubhouses, developers must establish that these facilities have been out of use for at least one year straight.
They also must pay local governments double the value of the facility’s impact fee.
Which locations would qualify?
Qualifying land parcels will be a minimum of 5 acres and either be located inside designated “brownfield” areas or have elevated levels of contaminants.
The Florida Department of Environmental Protection defines brownfields as “abandoned, idled, or underused industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination.” Local governments designate them to encourage new development and the rehabilitation of contaminated land, according to the department.
Data from the state DEP shows a swath of sites that were designated brownfield areas across South Florida through the years. “If you look at a map of South Florida, where they’re at, there’s a lot of opportunity there. But the cost of remediation is just tremendous,” Calatayud said.
In addition to brownfields, the law would apply to areas where environmental assessments have found levels of contaminants or pollutants above residential cleanup target levels set by local and state governments.
Some of these sites would include shuttered golf courses, which regularly test positive for elevated levels of hazardous substances like arsenic due to past chemical treatment.
“Golf courses have a tradition, or a history, of having environmental impacts related to the application of pesticides and herbicides,” Tilbrook said. “And that requires soils to be either capped or removed, and then you have to address the impacts to the groundwater as well.”
Some land plots would be exempt from the bill. Development parcels cannot be designated as agricultural land, part of locally-operated public parks, located within a quarter-mile of any military installations, or stationed outside of urban growth boundaries. Qualifying land cannot have been owned by public utilities within the past 15 years, either.
Debate on development
The Infill Redevelopment Act passed unanimously in the Florida Senate and with a 84-27 margin in the Florida House.
Those opposed to the bill raised concerns during the legislative session, saying that it strips South Florida’s local governments and residents of power in shaping their communities.
“We are effectively removing the opinions of the community in which this development would occur in. The local governments would not have any recourse in actually listening to their constituents,” state Rep. Ashley Gantt, D-Miami, said at a February state affairs committee meeting.
Gantt said despite the bill’s supporters emphasizing that it will help meet the demand for affordable housing, none of the bill’s language specifies that developers must build it.
In response, the bill’s House sponsor, Rep. David Borrero, a Republican, argued that increasing the housing supply would result in a drop in prices.
The bill’s approval coincided with the passage of other legislation aimed at boosting residential development in the state, including expansions to the Live Local Act.
Calatayud, who sponsored legislation to increase the scope of Live Local, said that these bills are necessary to address the affordability crisis.
“We have to be truly sensitive to the reality of the untenable affordability challenge for our moderate-income and working-class folks,” Calatayud said.
The Infill Redevelopment Act currently awaits Gov. Ron DeSantis’ signature. It would take effect when it’s signed into law.