Capital Watch 2008:

Week Three - Ending March 21
Jay Liles, FWF Policy Consultant

Florida Forever
The Senate version of this bill was previewed for the first time in a workshop organized by Senator Burt Saunders, Chair of the Senate Environmental Preservation Committee. Generally the bill was well received by all sectors, including the conservation community, as a good starting point. There are initial concerns with such things as provisions for siting electric transmission lines on state lands and the short term of the renewal – through 2013. The Florida Forever Coalition favors a stronger program with significant funding increases over a ten year period to 2020. Senate staff stated that, in light of current economic conditions, senators are reluctant to fund a long-term program without assurance that revenues would be there to fund it. The bill will be heard for the first time in the Environmental Preservation Committee on Thursday, March 27. Florida Wildlife Federation Board Members will be in Tallahassee to advocate for the bill and for expanded funding.

Florida Forever, the state's premier public lands acquisition program, will end in 2010 without legislative action to create a successor program. Governor Charlie Crist and Senate President Ken Pruitt have indicated support for continued funding at $300 million per year and extending the land-buying program beyond 2010.

Under the Senate bill, the successor program would place a renewed emphasis on public access and management of lands purchased under Florida Forever. The bill, as currently drafted, requires at least 1% of the purchase price, but not more than 10%, must be used to provide immediate public access. Additional funds can be directed at management and access costs once a land management plan is in place.

Council Chairman, Stan Mayfield, and other leaders of the House have stated that a successor program must improve the management of state lands. Representative Will Kendrick, Chairman of the House Committee on Conservation and State Lands, has raised concerns that there is a lack of measurable goals, such as providing public access or environmental restoration, which must be addressed going forward. The Senate bill speaks to both of these concerns.

The proposed bill will be assigned a number in the Senate next week. The House version (PCB ENRC 08-09) will be assigned a bill number once it is heard in the House Committee on Conservation and State Lands. This version contains language that moves Florida Communities Trust from the Department of Community Affairs to the Department of Environmental Preservation. FWF is currently developing a position statement on the specific proposals within each bill.

Please ask your legislators to increase funding for Florida Forever and to hold harmless funding of all environmental trust funds.

Energy and Climate Change SB 1544/PCB ENRC 08-01
Both the House Energy Committee and the Senate Environmental Preservation Committee passed what is being heralded as the first major energy legislation since Governor Crist announced, last summer, his intent to reduce greenhouse gases and move Florida to a more sustainable and diverse choice of energy sources.

SB 1544 establishes a new office under the Governor’s purview and an appointed commission to set energy policy for the state. The bill provides modest tax incentives for renewable energy equipment, improves building code standards and energy efficiency standards and establishes a rulemaking process for a state cap and trade mechanism for greenhouse gases.

In both the House and Senate versions of this legislation amendments provide fast track permitting for electrical and gas transmission lines across state owned lands, including conservation lands purchased under Florida Forever. FWF is working with our coalition partners to establish more favorable mitigation elements and to restrict access to conservation lands as the last option. Language included in the Florida Forever draft released this week is moving in a more favorable direction though many concerns remain. Among these are concerns that the Power Plant Siting Act (PPSA) and Transmission Line Siting Act provisions of the bill removes the public and local governments from critical aspects of the siting process. It exempts power plants from undergoing a land use consistency determination by the local municipality if it adds another unit at an already existing facility that has been certified under the PPSA. Thus there would be no hearing held with regard to how the expansion might impact local citizens. The local government would have no input on the additional unit’s impacts on zoning regulation (height, transportation, etc) or comprehensive plan requirements (especially conservation elements).

Authority to build transmission lines over state-owned lands would typically require the Governor and Cabinet’s approval of the conveyance of property rights to utilities for use of state-owned lands. Under the bill, the Department of Environmental Protection would be granted authority to convey these rights taking elected officials (Governor and Cabinet) out of the process and directing decision making to a process without an effective venue for citizen input. FWF continues to work with our coalition partners to negotiate more amicable language.

On a more positive note, the committee adopted language that directs the Public Service Commission to use methods for evaluating the cost effectiveness of energy efficiency programs. This would remove sole reliance on the use of the Rate Impact Measure in favor of energy efficiency measures if this language reaches final passage.

FWF will advocate for these items and for additional actions that would allow citizens to interconnect their renewable generation systems to the power grid and resell excess electricity back to the utilities. We will also be working towards the decoupling of utility profits from the sale of electricity to include incentives for utilities that exceed energy efficiency and conservation goals.

The long term agenda on energy and climate change is being shaped by two advisory groups that are meeting during the legislative session and have been wrestling with these issues for the past year. The Climate and Energy Action Team (appointed by the Governor) 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, Florida Wildlife Federation. Serving on the Climate Change Advisory Group to the Florida Energy Commission is Ann Vanek Dasovich, vice-chair, Board of Directors.

Ask your legislators to support legislation that moves Florida toward a reduced carbon future and away from reliance on fossil fuels. Encourage the use of renewable energy options like solar and bio-fuels.

Appropriations Bills
On March 30 the Policy & Budget Council is expected to provide the first look at the proposed appropriations bill, proposed implementing bills, and conforming legislation to be considered at its meeting on Thursday, April 3,2008. The Policy & Budget Council will file and publish the General Appropriations Bill, the implementing bill, and conforming legislation as amended on Friday, April 4, 2008. Amendments offered to the General Appropriations Bill must be balanced with increases offset by equivalent or greater decreases within the same appropriation.

Lawmakers are poised to slash at least $3 billion to balance the state budget that covers spending for the new fiscal year beginning July 1. State economists reduced their estimates of tax revenue by $1 billion this year and about $1.9 billion in 2008-09.

Violations in State Parks HB 261/SB 192
This bill decriminalizes many of lesser violations of State Parks rules. Penalties are established as misdemeanors and can result in ejection from the park and/or fines of up to $500.00. The following activities are identified as second degree misdemeanors under the bill:

• Cutting, carving, injuring, mutilating, moving, displacing, or breaking off any natural formation or growth within the boundaries of a state park.
• Capturing, trapping, injuring, or harassing wild animals within the boundaries of a state park.
• Collecting plant or animal specimens within the boundaries of a state park.
• Leaving the designated public roads with a vehicle within the boundaries of a state park.
• Hunting within the boundaries of a state park.

The intent of the bill is to bring penalties in line with the violations and to encourage judges to hold violators accountable for their actions. It is thought that this will encourage enforcement of penalties that may have been considered too harsh in the past.

This bill was received favorably by the House Policy & Budget Council (31 Yeas, 0 Nays) and placed on Calendar, on second reading. SB 192 was passed out of the Senate Transportation and environmental Preservation Committees and should be calendared soon.

Water Quality Credit Trading Program HB 547/ SB 1208
This bill would require the Department of Environmental Protection (DEP) to adopt rules to implement a water quality credit trading program. Water quality credit trading is a voluntary, market-based approach to promote protection and restoration of Florida’s rivers, lakes, streams and estuaries and would serve to enhance other voluntary, regulatory and financial assistance programs already in place.

Rulemaking for the trading would begin no later than July 1, 2008 and include the following:

1. The process to be used to determine how credits are generated, quantified, and validated;
2. A publicly accessible water quality credit trading registry that tracks water quality credits and trades and lists the prices paid for such credits.
3. Limitations on the availability and use of water quality credits, including a list of eligible pollutants or parameters and limited water quality requirements and, where appropriate, adjustments to reflect Best Management Practices, performance uncertainties and water-segment-specific location factors;
4. The time and duration of credits and allowance for credit transferability; and
5. Mechanisms for determining and ensuring compliance with trading procedures, including recordkeeping, monitoring, reporting, and inspections.

The bill was approved by the House Environment & Natural Resources Council and by the Policy & Budget Council unanimously and is now on 2nd reading in the House. SB 1208 will be heard in the Senate Environmental Preservation and Conservation Committee on March 27, 2008.

FWF has not taken a position on this bill at this time.

Hunter Safety Training Exemption for Veterans HB 819/ SB 2058
The bill provides that a resident of Florida, who is an active duty member of the United States Armed Forces, Reserves, or the National Guard, the United States Coast Guard, or Coast Guard Reserve, upon submission of a valid military identification card, may satisfy the course requirements of the Florida Wildlife Conservation Commission hunter safety course by successfully completing an online military hunter safety course or a hunter safety workbook and written test provided by the FWC. This differs from the traditional course in that the three hour shooting range requirement of the traditional course is not required.

The Bill was approved by the House Environment & Natural Resources Council and by the Policy & Budget Council and is now on the House Calendar, on second reading. SB 2058 will be heard in the Senate Environmental Preservation and Conservation Committee on March 27, 2008.

FWF supports this legislation.

Clean Oceans Act HB 897 / SB 1094
The bill requires owner/operators of gambling vessels (sometimes referred to as “day cruises” or “cruises to nowhere”) to register with the Department of Environmental Protection (DEP) on an annual basis. Registration would include a schedule of the vessel’s operation in coastal waters and describe the waste treatment system of each registered vessel by type, design and operation, including the capacity of the holding tank(s).

The bill requires an owner/operator of a gambling vessel berth location to establish procedures for the release of waste from gambling vessels and to make available a waste-management service to handle and dispose of the vessel’s waste. The owner/operator of the berth location will collect a fee to defray the costs associated with making the waste management service available to each gambling vessel.

The bill requires the owner/operator of a gambling vessel that releases any waste into coastal waters to report that release to the DEP within 24 hours of the release.

FWF supported similar legislation in 2007 and will support this bill. Though the scope is more restrictive than in 2007, it does address the biggest threat associated with such pollution, gaming industry vessels.

HB 897 was reported favorably by the Environment & Natural Resources Council and will get its next hearing in the Policy and Budget Council. SB 1094 will be heard in the Senate Environmental Preservation and Conservation Committee on March 27, 2008.

Fertilizer Preemption HB 1267 and SB 2352.
This legislation would preempt future local water quality ordinances, fertilizer ordinances, and Best Management Practices (BMP’s) promulgated by local governments. FWF has joined a coalition of environmental groups who are urging policy makers to allow local governments to retain the ability to tailor their own ordinances to address fertilizer formulations and application periods and schedules.

The bill also asserts that “Labeling Requirements for Urban Turf Fertilizers” (Rule 5E-1.003 (2), F.A.C. also known as the Urban Turf Rule is “protective of the quality of water in the state’s water bodies”. Groups, such as United Water Fowlers of Florida, dispute this finding. Their research finds that “run-off of urban turf fertilizer is killing the state’s native marsh habitat and wildlife. These bills, which preempt local control, are a backward step in getting a handle on the problem of eutrophication of our waterways”.

Water quality enhancement, impaired water body restoration, and efforts to meet TMDLs statewide would be further hampered by legislation such as HB 1267/SB 2352. Therefore, FWF is opposed to this and similar legislation as currently drafted.

Having received a favorable vote in the House Agribusiness (7 Yeas, 0 Nays) the bill travels to the Environment & Natural Resources Council for a March 26, 2008 hearing. The Senate Agriculture Committee will hear SB 2352 on March 27, 2008.

No action was taken on the following bills which were reported in our last Capital Watch:

Support efforts to increase the budget and improve operations of the Florida Fish and Wildlife Conservation Commission.
Among its many 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 at the creation of the 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. A committee proposal is now in the House Committee on Conservation and State Lands (PCB ENRC 08-02).

Support Commission efforts to once again remove the marine shoreline exemption. Current law exempts all wading anglers in saltwater or on piers from having to purchase licenses. As the law reads now, 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 public assistance. Because of the exemption, Florida loses federal matching dollars (estimated in the millions) which are now spent on wildlife conservation in other states.

Support efforts to reform the state’s growth management laws to provide fair and reasonable access for citizens.
In response to what many consider a broken and unresponsive system that tends to approve any and all changes to county comprehensive growth plans, Department 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.

Support legislation to establish a Florida Springs Protection Act.
FWF is working with Senator Burt Saunders and many of our conservation allies to fashion meaningful legislation to protect first magnitude springsheds. The Florida Springs Protection Act (SB 2394) takes initial steps to protect Rainbow Springs and Silver Springs. We hope to see expansion of these protections to other first magnitude springs as resources become available.

SB 2394 will be heard in the Senate Environmental Preservation and Conservation Committee on March 27, 2008.

Other issues which we expect to see debated this year include:

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 presently flow into the Atlantic off Florida’s southeastern coast. The Senate Environmental Preservation and Conservation Committee has indicated its desire to end the practice of discarding wastewater off the coast. The obvious sticking point is how much it may cost.

Currently, more than 300 million gallons of wastewater is piped offshore in ocean outfalls from Miami-Dade and Broward counties, harming the region's coastal resources and reefs. This water could be reused for irrigation, wetlands enhancements and industrial processes if it were treated to a higher standard. Proposed legislation will likely prescribe steps to eliminate outfalls by 2025, including a prohibition on new or expanded wastewater outfalls, and eventually require advanced treatment of wastewater for reuse.

Federal Legislation

FWF is working with the National Wildlife Federation to seek support for climate change legislation, including the Warner – Lieberman, “America’s Climate Security Act” (S. 2191), and in the U.S. House the Climate Stewardship Act (HR 620) and the Safe Climate Act (HR 1590). America’s Climate Security Act is the first bipartisan bill to address climate and energy that also contains funding for states to manage wildlife impacts. Because Florida has a State Wildlife Management Plan, Florida would be among the states to receive up-front funding.

Constitutional Amendment to Grant Tax Savings for Conservation Easements
A proposal to exempt lands from property taxes that are placed under permanent conservation easements may be placed on the November ballot by the Taxation and Budget Reform Commission. If approved by voters, the amendment will provide a powerful incentive for landowners to place land with water and wildlife attributes into protected status.

FWF Vice President and General Counsel Preston Robertson is among the leading advocates of this important conservation measure. Next week the proposal goes before the final committee for approval before the full Commission votes.

Useful Websites for Tracking Legislation:
www.leg.state.fl.us

This is the main website for the Florida Legislature with information about bills, meeting notices and contact information regarding members of the Legislature. Look to the House and Senate links for extensive coverage of all things legislative.

www.flan.e-actionmax.com

Join the Florida Action Network! Receive updates and suggested actions you can take to influence policy decisions at the state and national level.

http://thomas.loc.gov/

For information about federal legislation and Congressional action.

Jay Liles