Capital Watch 2008: Preview and Priorities
Jay Liles, FWF Policy Consultant
The Legislature will convene in regular session on Tuesday, March 4, 2008. It has been meeting in committees for the past two months crafting legislation that will be heard by both the House and Senate over the 60 day period of the regular session.
What is expected in 2008?:
Florida’s State Budget Projections
Because Florida is experiencing the same economic down-turn that is affecting the rest of the nation, the state budget, driven primarily by sales tax revenues, is also in free fall. We are preparing for dramatic cuts in state budgets while making our best case in support of continued funding for conservation programs. We expect to have to ward off raids on a number of environmental trust funds as programs and policymakers vie for a shrinking pot of general revenue dollars.
Florida Forever
Governor Crist has recommended that the Legislature continue funding of Florida Forever at $300 million. FWF will continue to advocate for making a greater investment in conservation lands to take advantage of the unique opportunities to acquire large tracts of biologically diverse and environmentally sensitive lands that may not be available when better economic times return. The Federation supports accelerated funding for the remaining years of Florida Forever and the creation of a successor program to Florida Forever, which will expire in 2010.
Governor Crist is also seeking renewed funding for Everglades Restoration at $100 million with an additional $100 million to be distributed between Lake Okeechobee clean-up and estuary recovery.
While the Governor’s budget recommendations are a welcome starting point for further negotiations they should not be taken as a sure bet. Under tight budget constraints, the conservation community will be working extremely hard to hold on to critical funding for programs that foster better environmental policy.
Energy and Climate
Buoyed by the Governor’s Executive Orders calling for sharp cuts in green house gases (GHG) and greater reliance on renewable energy, we anticipate legislation that helps move Florida off its reliance on fossil fuels and encourages the use of renewable energy options like wind, solar and bio-mass. The 2008 Legislative Session will likely produce the least expensive and non-controversial proposals. These may include incentives for energy efficiency and renewables, building codes, appliance standards and the removal of regulatory barriers. All are the subject of one or more proposed bills in each chamber.
FWF will work with our allies to push the legislature further down the path to a clean, renewable and more secure energy future. We will be advocating for the removal of barriers that allow citizens to interconnect their renewable generation systems to the power grid and resell excess electricity back to the utilities (net metering). Among our long term goals is to see that the Rate Impact Measure, (an archaic test used by the utilities to determine the cost-effectiveness of conservation measures ) is dropped in favor of a test that considers the impact of a conservation measure on the whole state. We will also be working towards the decoupling of utility profits from just the sale of electricity to include rewards for utilities that exceed energy efficiency and conservation goals.
As the Legislature convenes, its agenda on energy and climate change is being shaped by two advisory groups that have been working on these issues for the past year. The Climate and Energy Action Team (appointed by the Governor in September 2007) and the Florida Energy Commission (appointed by the Legislature) have both made recommendations to the Legislature and will continue to bring forth policy recommendations for the next year. Serving on the Climate and Energy Action team is Manley Fuller, President of the Florida Wildlife Federation. Serving on the Climate Change Advisory Group to the Florida Energy Commission is Ann Vanek Dasovich, vice-chair, FWF Board of Directors.
Fish and Wildlife Conservation Commission
Among other legislative priorities the FWC will attempt to combine Chapters 370 and 372, Florida Statutes, dealing with regulation of marine fisheries and wildlife and freshwater fisheries. These are vestiges left from statutes under which the old Game and Fresh Water Fish Commission operated. According to staff, these were intended to be combined under the new Fish and Wildlife Conservation Commission created in 1999. FWC believes this exercise will clarify the role and scope of the Commission by organizing its jurisdiction by subject matter.
FWC, with the support of FWF, is once again attempting to remove the marine shoreline exemption, which at present exempts all fishers in saltwater up to their belly-button or on piers from having to purchase licenses. Therefore, if you are in a $100 jon boat, you have to buy a license, but if you are on shore in front of your $2 million beach front home, you do not. The proposed FWC bill would still exempt those who are on food stamps. With each license we do not sell, we lose federal matching dollars to the tune of several million which is collected in excise fees. These monies are now spent in other states.
As in prior years the Wildlife Commission will require the support of all conservationists to ward off reductions in the FWC base budget request, and continued attempts to undermine the agency’s constitutional authority via due process protocols.
Growth Management
In response to what many consider a broken and unresponsive system that tends to approve any and all changes to county comprehensive growth plans, Dept. of Community Affairs Secretary Tom Pelham has proposed the enactment of a ‘Citizen’s Planning Bill of Rights.’ Pelham’s proposal would eliminate all but half a dozen of the exceptions that now allow changing growth plans. Under his proposal county governments would be allowed to amend their plans no more than twice a year. If the regional planning council recommends against the changes, then local government could only pass them with a supermajority vote - four votes out of five, for instance.
Before any land-use plan changes could be considered, the ‘Bill of Rights’ would require holding a neighborhood or community meeting to talk about them. Last minute changes to the proposed plan amendments would also be eliminated. Instead, no changes could be made less than five days before the vote.
FWF supports this kind of reform as it attempts to address the frustration with growth management that has led many Floridians to support the Hometown Democracy initiative that would bring all comprehensive plan changes to a vote.
Electric Transmission Lines on State Lands
Spurred on by a proposal to build a nuclear power plant in Levy County, Florida Progress is suggesting the state allow the construction of high voltage transmission lines across state conservation lands. The proposed bill would provide compensation for lands used for power lines by offering up to twice as many acres in return. Florida Progress remains open to negotiation on the best means to mitigate impacts. However, the legislation would remove the Cabinet from the siting process, a move which FWF and our conservation allies would object to as it takes our statewide elected representatives out of the equation.
As with cell towers, jails and pipelines, a case can be made for using public lands for infrastructure. However, current law protects public lands with incompatible use tests that would diminish the ecological value of lands bought for conservation.
Wastewater Ocean Outfalls and Re-use
FWF is working with a broad coalition of ocean conservation groups who want to see the state stop further use of ocean outfalls. The coalition favors passage of legislation to close five wastewater ocean outfalls in South Florida and require reuse of millions of gallons of wastewater per day that flow into the Atlantic off Florida’s southeastern coast.
Springs Protection
FWF supports legislation creating the Florida Springs Protection Act. Rainbow Springs and Silver Springs are currently included as pilot projects in the proposed legislation. We hope to see expansion of these protections to other first magnitude springs as resources become available.
Rural Land Stewardship
This popular and controversial program to promote green space and save Florida’s diminishing agricultural lands is likely to be the subject of intense debate in 2008. FWF will work with stakeholders to improve the Rural Land Stewardship Area (RLSA) program placing emphasis on securing the largest possible parcels, with a vision for the entire parcel in the context of surrounding areas, and strict compliance with the legislative intent of the RLSA program.
Federal Legislation
FWF is working with the National Wildlife Federation to seek support from the Florida Congressional Delegation for climate change legislation, including the Warner – Lieberman, “America’s Climate Security Act” (S. 2191), and in the House the Climate Stewardship Act (HR 620) and the Safe Climate Act (HR 1590). America’s Climate Security Act is the first bi-partisan bill to address climate and energy that also contains funding for states to manage wildlife impacts. Because Florida has a State Wildlife Management Plan we would be among those states to receive up-front funding.
Jay Liles
FWF Policy Consultant
