FLORIDA CONSERVATION COALITION LEGISLATIVE PRIORITY:
Funding for conservation land acquisition:
The Florida Conservation Coalition’s adopted position statement can be found here. Below is an excerpt:
“The Legislature has the opportunity to follow the will of the voters and build on Florida’s rich conservation commitment by adopting legislation that provides for expending funding in the LATF to acquire natural areas, working farms and ranches, and close-to-home recreational lands through the Acquisition and Restoration Council’s scientifically-developed Florida Forever Priority List, the Rural and Family Lands Protection Program and the Florida Communities Trust. Funding existing programs makes good use of scientifically-driven selection criteria to ensure funds are invested where they can make the biggest difference throughout Florida.”
ENVIRONMENTAL LEGISLATION OF INTEREST
Note: Legislation listed below is described as a service of the FCC for informational purposes only. The FCC has not taken a position on any of the below legislation, unless otherwise noted.
Land Conservation / Land Acquisition Trust Fund
Note: Funding from the Land Acquisition Trust Fund (LATF) comes from ⅓ of documentary stamp taxes set aside by the Water and Land Conservation Amendment (Amendment One) in 2014.
+ SB 944 (Stewart) Land Acquisition Trust Fund
This bill would dedicate $100 million annually from the Land Acquisition Trust Fund to the Florida Forever Trust Fund, regardless of outstanding debt service payments. It would prohibit funds from being used for specified costs, such as the Technology and Information Services offices within the Department of Environmental Protection, Department of Agriculture and Consumer Services and the Fish and Wildlife Conservation Commission. SB 944 is identical to the bill filed last session by Senator Bradley (SB 370).
Senate Referrals: (SB 944) Environment and Natural Resources (on committee agenda 3/12/2019, 4:00PM); Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations. (3/7/2019).
Representative Ausley filed a similar bill HB 1341.
HB 1341 introduced in the House 3/4/2019.
+ SB 376 (Montford) Land Acquisition Trust Fund
This bill amends the Land Acquisition Trust Fund in Florida statutes by adding the requirement that $50 million is to be appropriated for Hurricane Michael recovery projects each year through the 2025-2026 fiscal year. The Department of Environmental Protection (DEP) would use these funds for reforestation, ecosystem management, fire control measures, debris removal, pollution mitigation, beach renourishment, coastal armoring and protection, and the construction, enhancement, or expansion of wastewater treatment facilities.
On 3/5/209, a Committee Substitute was filed that clarifies that the LATF distribution can be used for land acquisition, and deletes the use of funds for construction, enhancement, or expansion of wastewater treatment facilities. SB 376 would still allow funds to be used for debris removal and coastal and shore protection structures.
Senate Referrals (SB 376): Environment and Natural Resources (passed); Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations. 3/7/2019*
Representative Drake filed a companion bill, HB 555
(HB 555): Introduced in the House 3/5/2019.
+ SB 368 (Harrell) Land Acquisition Trust Fund
This bill would prioritize projects that include ecosystem and habitat restoration, the connection of septic tank systems to central sewer lines, and the management of stormwater, freshwater, and agricultural discharges. Unlike SB 216, SB 368 bill does not include a fine for wastewater facilities illegally discharging sewage.
Senate Referrals (SB 368): Referred to Environment and Natural Resources (on committee agenda 3/12/2019, 4:00PM); Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations. (1/25/2019)
+ SB 1256 (Montford) Apalachicola Bay Area of Critical State Concern
This bill would allocate $20 million annually to the Apalachicola Bay Area of critical state concern through the 2029-2030 fiscal year from the Land Acquisition Trust Fund. At least 25% of the appropriations will be spent on land acquisition, with priority given to land acquisition projects that achieve conservation goals, such as water quality and groundwater recharge. Between 3-10% of the funds allocated for land acquisition would be spent on projects such as land management, increased public access and recreational opportunities. This bill would allow funds to be spent on projects such as the construction and replacement of septic tanks, central sewage collection facilities, and “other water quality and supply projects.”
Senate Referrals: (SB 1256) Environment and Natural Resources (on committee agenda 3/12/2019 4:00PM); Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations. 3/7/2019.
Representative Newton filed an identical bill HB 921 Apalachicola Stewardship.
House Referrals (HB 921): Agriculture and Natural Resources Subcommittee; Agriculture and Natural Resources Appropriations Subcommittee; State Affairs Committee.2/28/2019.
+ SB 92 (Book) C-51 Reservoir Project
Two sessions ago, SB 10 (2017) authorized the C-51 Reservoir south of Lake Okeechobee. This year’s SB 92 would change the conditions under which the C-51 reservoir must operate in order to receive state funding.
SB 92 adds the language “to the extent practicable”regarding how the South Florida Water Management District (SFWMD) must maximize the reduction of Lake Okeechobee regulatory releases to the St. Lucie or Caloosahatchee estuaries. Another verbiage change is the re-ordering of the clause “in addition to any permitted amounts for water supply” placed before the requirement that water be used for natural systems. This sentence was changed from “allocated amounts for water supply” to “permitted amounts for water supply.” Additionally, this bill would allow water from Lake Okeechobee to be used to support consumptive use permits if the use is in accordance with district rules.
SB 92 allows for Phase II of the project to be funded by appropriation as a project component of the Comprehensive Everglades Restoration Program (CERP).
The Senate Environment & Natural Resources Committee amended SB 92 to remove a section of the bill that would expand certain allocation of funding from the Land Acquisition Trust Fund. 1/22/2019.
The Senate Agriculture, Environment, and General Government Appropriations Subcommittee proposed a committee substitute that would require the operation of Phase I to be in accordance with any operation and maintenance agreement approved by the SFWMD rather than adopted by the SFWMD. This was approved on 2/20/2019.
Senate Referrals (SB 92): Environment and Natural Resources (passed); Appropriations Subcommittee on Agriculture, Environment, and General Government (passed), Now in Appropriations. 3/5/2019.
Senators Jacobs and Raschein filed an identical bill, HB 95
House Referrals (HB 95): Agriculture and Natural Resources Subcommittee (passed); Agriculture and Natural Resources Appropriations (passed), State Affairs Committee (passed). Placed on Calendar. 3/7/2019
+ SB 216 (Gruters) Water Quality Improvements
This bill would dedicate the lesser of 7.6% or $50 million annually from the Land Acquisition Trust Fund for projects in the Indian River Lagoon Comprehensive Conservation & Management Plan. Under this bill, the Department of Environmental Protection (DEP) would be authorized to provide multi-year grants for projects such as the construction, upgrading and expansion of waste treatment facilities, and connecting homes and businesses that are not connected to existing wastewater treatment facilities with central sewer systems. Each of these grants would require a minimum 50% match from local funds.
SB 216 would also create a statute requiring wastewater facilities illegally discharging sewage to notify its customers within 24 hours. Facilities would also face a fine equal to $1 per gallon of discharged sewage or, $2 per spilled gallon going towards the upgrading or remediation of the problems that caused the illegal discharge.
Senate Referrals (SB 216): Environment and Natural Resources (Added to agenda 3/12/2019, 4:00 PM); Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations (3/7/2019)
Representatives Fine, Roth and Sirois introduced a similar bill HB 141 This bill does not include the construction of new waste treatment facilities as an item for which funds can be provided.
House Referrals (HB 141): Agriculture and Natural Resources Subcommittee; Agriculture and Natural Resources Appropriations Subcommittee; State Affairs Committee (1/9/2019)
+ SB 1758 (Mayfield) Water Quality Improvements
This bill would transfer the septic system program from the Department of Health (DOH) to the Department of Environmental Protection (DEP), require wastewater treatment plant to notify customers of unlawful discharges within a specific time frame, and establish a wastewater grant program within DEP. The department would provide grants for projects that reduce excess nutrient pollution for projects within a basin management action plan (BMAP)
SB 1758 revises requirements for a BMAP for an Outstanding Florida Spring. The priority ranking for projects would be based on the estimated reduction in nutrient load per project, project readiness, cost effectiveness, location within the plan area, local matching funds, overall environmental benefit, and water savings or quantity improvements. Each BMAP including an Outstanding Florida Spring will have an agricultural remediation plan developed by both DEP and the Department of Agricultural and Consumer Services (DACS). SB 1758 Describes agricultural nonpoint sources of pollution including both fertilizers and animal wastes. Includes land acquisition projects and conservation easements as cost-effective projects to reduce the nutrient impacts from agricultural operations. Each new or revised BMAP would identify each point source or category of nonpoint sources that include urban turf fertilizer, sports turf fertilizer, agricultural fertilizer, septic tank systems, wastewater treatment plants, animal wastes, and stormwater facilities.
SB 1758 requires local governments to develop a wastewater treatment plan that meets certain requirements. Would prohibit local governments from approving new building permits for local governments that do not meet the wastewater treatment plan or septic tank remediation plan requirements. This bill would also provide penalties for a local government that fails to adopt and enact specified ordinances. Would require DEP to revise the BMAP for the Indian River Lagoon.
*SB 1758 filed in Senate 3/1/2019. *
Representative Raschein filed a similar bill HB 1395
HB 1395* filed in House 3/5/2019.*
+ SB 628 (Albritton) Water Resources
This bill creates new requirements for the annual assessment of water resources and conservation lands conducted by the Office of Economic and Demographic Research (EDR). This bill provides for a comprehensive annual assessment of water infrastructure funding needs through a quantitative, needs-based evaluation. The assessment must consider the following: water supply infrastructure, water quality protection and restoration (including septic conversion, and basin management action plans), wastewater infrastructure (including septic systems), flood control infrastructure, and environmental restoration.
SB 628 calls for an evaluation of federal, state, regional and local government expenditures by both private and public utilities for each of the above categories. Additionally, it would require the compilation of a list of funding options to fulfill any funding gaps identified. The Office of EDR would then evaluate existing and potential revenue sources and funding mechanisms used by other states for water infrastructure and environmental restoration. The study would also identify any overlap in expenditures or needs for water resources and conservation lands. The assessment must be submitted to the Senate President and Speaker of the House by January 1 2020, and by January 1 of each subsequent year.
Senate Referrals: (SB 628): Environment and Natural Resources; Infrastructure and Security; Appropriations (2/15/2019)
Representative Jacobs filed an identical bill HB 1199.
*HB 1199 filed in House 3/1/2019.*
+ HB 1343 (Good) Stormwater Management Systems
This bill clarifies and revises some of the rulemaking requirements for the regulation of stormwater management systems. It would require water management districts to include performance standards that increase the removal of nutrients from stormwater discharge from all new development and redevelopment projects. It also adds language to ensure new pollutant loadings are not discharged into already impaired water bodies through revised best management practices and low impact design best management practices.
HB 1343 would include a rebuttal presumption that a stormwater management system does not contribute to violations of applicable state water quality standards, as long as it is operated in accordance with a valid permit.
This bill would also require documentation of predevelopment and postdevelopment pollutant loadings for a stormwater project to be submitted to the Department of Environmental Protection in order to qualify for a permit of operation.
*HB 1343 Introduced in House 3/5/2019. *
Senator Cruz introduced a similar bill SB 1344 Statewide Environmental Resource Permitting Rules
Senate Referrals: (SB 1344) Referred to Environment and Natural Resources; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations
+ SB 214 (Gruters) Onsite Sewage Treatment & Disposal Systems
SB 214 would amend the duties of the Department of Health (DOH) and require the identification, location and operational condition of all onsite sewage treatment and disposal systems in the state to update the current database. DOH would be required to generate a report of the total number of the statewide septic systems and submit to the Governor, President of the Senate and the Speaker of the House of Representatives. This bill requires septic inspections at least every five years, where the DOH shall administer this inspection program. The DOH would adopt rules that must include a five-year inspection cycle schedule, a county-specific implementation plan giving priority to areas within springshed protection areas, requirements for failing systems and enforcement procedures for the failure of septic owners to obtain an inspection and failure of contractors to make a timely inspection report to the department.
The bill specifies what a septic inspection must include: a tank and drain field inspection, and a written assessment of the condition of the system conducted by a registered contractor. It specifies that owners are responsible for paying the cost of the inspection and any required pump-out.
SB 214 also amends the disclosure of septic systems where a seller must provide a prospective buyer with a disclosure summary of the property regarding if the property has or will have a septic system. The prospective buyer would acknowledge in writing the receipt of this disclosure.
Senate Referrals (SB 214): Health Policy; Environment and Natural Resources; Appropriations Subcommittee on Health and Human Services; Appropriations (1/22/2019).
Representative Robinson introduced a similar bill HB 85 In this bill, the septic disclosure summary differs slightly, suggests the prospective buyer request latest inspection report and advises to pump out system every 3 to 5 years.
House Referrals (HB 85): Agriculture & Natural Resources Subcommittee; Health Care Appropriations Subcommittee; State Affairs Committee (1/3/2019).
+ SB 1022 (Albritton) Onsite Treatment & Disposal Systems
This bill would transfer the onsite treatment and disposal system (septic) programs from the Department of Health (DOH) to the Department of Environmental Protection (DEP) and require county health departments to coordinate with the department to administer certain programs.
SB 1022 would require water management districts to submit a copy of its consolidated water management district annual report to the Office of Economic and Demographic Research. This report includes the minimum flows and minimum water levels annual priority list, the capital improvement plans, alternative water supplies annual report, the Florida Forever Water Management District Work Plan annual report, and a list of all specific projects to implement a basin management action plan which would include any septic to sewer conversion and septic tank remediation projects.
DEP would supervise research on the impacts of septic systems. This bill deletes provisions stating that research projects shall not be awarded to firms that employ or associated with persons who serve on the technical review and advisory panel or the research review and advisory committee.
This bill would also initiate rulemaking through an onsite sewage treatment and disposal systems technical advisory committee with the intention of increasing the availability of nutrient-removing septic systems in the marketplace, and recommending regulatory options.The committee would include members representing the home building industry, real estate industry, septic system industry and contractors, engineers and local governments.
Senate Referrals: (SB 1022) Environment and Natural Resources; Appropriations Subcommittee on Agriculture, Environment, and General Government, Appropriations (2/22/2019).
Representative Payne filed a similar bill, HB 973.
House Referrals (973): Agriculture and Natural Resources Subcommittee (passed); Appropriations; State Affairs 3/7/2019.
+ SB 286 (Albritton) Domestic Wastewater Collection System Assessment & Maintenance
This bill would establish the blue star collection system assessment and maintenance program in the Department of Environmental Protection (DEP). The purpose of the program would be to provide incentives for public and private utilities to voluntarily take actions which reduce the likelihood of sewer overflows and unauthorized discharges. If utilities are able to prove they are taking the appropriate precautionary measures, as determined by DEP, then they could apply to DEP for certification under the program. Certified utilities may benefit from reduced penalties for sewer overflows and may be allowed to apply the amount of penalties incurred toward assessment and maintenance costs for their wastewater system.
Domestic wastewater utilities with a history of compliance with wastewater disinfection requirements in their operating permit who are certified under the blue star program would be presumed in compliance with state water quality standards for pathogens. Blue star certified utilities who renew their operation permits, and meet certain conditions, would be issued a 10-year permit. The Small Community Sewer Construction Assistance Act assists financially disadvantaged small communities with their needs for adequate sewer facilities. This bill would allow private, not-for-profit utilities serving financially disadvantaged communities to receive funding under the Act and allow funds from the Act to be used for assessment costs. SB 244 provides that a person violating certain pollution laws can reduce their penalty based on their investment in expanding, maintaining, or rehabilitating their permitted facility.
Senate Referrals (SB 286): Environment and Natural Resources (passed); Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations 3/7/2019.
Representative Jacobs filed an identical bill HB 105
House Referrals (HB 105):Agriculture & Natural Resources Subcommittee (Passed); Agriculture & Natural Resources Appropriations Subcommittee (passed); State Affairs Committee. (3/8/2019).
+ SB 1776 (Bracy) Onsite Sewage Treatment and Disposal Systems
This bill creates and defines the term “advanced active septic system” as a system that uses energy to elevate or distribute wastewater through an alternative drainfield. This technology differs from “onsite sewage treatment and disposal systems” (the bill would also define this as “conventional passive septic system”.
It would also create an “innovative system permit” to facilitate the testing and permitted use of “innovative solutions for wastewater treatment” that are not currently certified solutions.
SB 1776 would require the Department of Environmental Protection (DEP) and Department of Health (DOH) to select a national third-party certification organization to develop a program for issuing permits for “innovative systems”. Once certified, these systems would become available for commercial and residential usage in Florida.
The bill would also require each county to establish a septic system inspection program that maintains a database of the locations and inspection records.
SB 1776 filed in Senate 3/5/2019.
Representative Brown filed an identical bill HB 1241.
HB 1241 filed in House 3/5/2019.
+ HB 157 (Thompson) Fertilizers
HB 157 provides legislative intent regarding the adoption of the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes. This bill expands upon current statute by including findings about nitrogen pollution due to the volume of fertilizers applied to residential lawns, linking fertilizer application to pollution and harm to marine animals. To protect water quality, the Legislature intends to require county and municipal governments to use the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes. This bill also calls for county and municipal governments to require the use of slow-release fertilizers on residential lawns and to implement and enforce a summer fertilizer holiday for governments within an estuary run-off area.
HB 157 would allow for county or municipal government to adopt more stringent standards if it documents the consideration of scientific information from DEP, Department of Agriculture and Consumer Services, and UF Institute of Food and Agricultural Sciences (IFAS) on the need for additional fertilizer provisions.
House Referrals (HB 157): Agriculture and Natural Resources Subcommittee; Local, Federal and Veterans Affairs Subcommittee; State Affairs Committee (1/9/2019).
+ HB 405 (Grall) St. Johns River Upper Basin Watershed Pollutant Control Program
This bill creates the St. Johns River Upper Basin Watershed Pollutant Control Program which would consist of a Basin Management Action Plan (BMAP) to manage pollutant sources within the St Johns River watershed. Nonpoint source best management practices would be implemented on an expedited basis. Revisions to the the basin management action plan would have to be made as a result of each 5-year review and in cooperation with basin stakeholders. The St. Johns Basin Management Action Plan would require an assessment of current practices and recommendations and would consider water supply, flood control, estuarine salinity, aquatic habitat, water quality considerations and the use of alternative technologies for pollutant reduction.
HB 405 also prohibits the Department of Environmental Protection (DEP) from authorizing the disposal of domestic wastewater biosolids within the St Johns River Upper Basin watershed unless it is demonstrated that the nutrients will not add to nutrient loadings to the watershed (similar to the existing prohibition within the Lake Okeechobee watershed). This bill requires the Department of Health (DOH) to require all entities disposing of septage within the watershed to submit agricultural use plans that adheres to nutrient loading requirements of the BMAP. HB 405 instructs the Department of Agriculture and Consumer Services (DACS) to begin a rulemaking process for entities applying animal manure to develop a resource management conservation plan according to federal standards thus limiting application. The St. Johns River Water Management District (SJRWMD) would also begin a rulemaking process for a monitoring program of nonpoint source dischargers.
House Referrals: (HB 405) Agriculture and Natural Resources Subcommittee; Appropriations Committee; State Affairs Committee. (1/30/2019).
+ SB 1278 (Mayfield) Biosolids Management
This bill creates statute requiring the State to regulate biosolids in order to minimize the migration of nutrients into waterbodies. It requires the Department of Environmental Protection to adopt rules for biosolids management that would include land application rates that ensure nitrogen and phosphorus do not impair surface water quality or groundwater quality. The bill would also include monitoring requirements.
Senate Referrals: (SB 1278) Environment and Natural Resources (on committee agenda 3/12/2019 4:00 PM); Appropriations Subcommittee on Agriculture, Environment and General Government; Appropriations. 3/7/2019.
+ HB 497 (Webb) Sanitary Sewer Laterals
Alphabetizes the definitions in the County Water and Sewer Districts section and adds a definition of “sanitary sewer lateral” as “the pipe from the public sanitary sewer main to the premises”. Laterals are the direct line from the public system to private or commercial properties. HB 497 also requires county government to notify homeowners of leaky sanitary sewer laterals within 30 days of discovery, and notify the property appraiser who must maintain a database containing record of such notifications. This provision would go into effect July 2019. By 2020, the county government must notify each homeowner with leaky sanitary sewer lateral discovered between July 2014 and June 2019. These records must be made public and accessible by December 2019.
House Referrals: (HB 497) Local, Federal and Veterans Affairs; Agriculture and Natural Resources; State Affairs (1/30/2019).
Senator Brandes filed SB 1172:
SB 1172 defines “sanitary sewer laterals” as privately owned pipelines connecting a property to the main sewer line and which is maintained and repaired by the property owner. This bill would encourage (but not mandate) evaluation and rehabilitation programs for sanitary sewer laterals. SB 1172 would require a property seller to disclose any known defects of the property’s sewer lateral.
Senate Referrals (SB 1172): Environment and Natural Resources; Judiciary; Rules 2/28/2019.
+ SB 1100 (Montford) Water Testing for Pollution
This bill allows for residents, businesses, or property owners with public water systems not subject to the Florida Safe Drinking Water Act to request the Department of Environmental Protection to test the water source for contamination. This testing must be completed no later than 3 business days after the department’s receipt of the request.
This bill defines the term ‘pollution’ as a physical, biological, chemical, or radiological substance or matter in the air, land, or the waters of the state.
Senate Referrals: (SB 1100) Environment and Natural Resources; Appropriations Subcommittee on Health and Human Services; Appropriations (2/22/2019).
+ HB 1135 (Grant) Florida Red Tide Mitigation & Technology Development Initiative
This bill would establish and provide funding for the Florida Red Tide Mitigation and Technology Development Initiative. As a partnership between the Fish and Wildlife Research Institute and Mote Marine Laboratory, the purpose would be to develop innovative and environmentally sustainable technologies and approaches to control and mitigate red tide and its impacts. Funds would be awarded by the Fish and Wildlife Research Institute to Mote Marine Laboratory.
House Referrals (HB 1135): Agriculture and Natural Resources Subcommittee; Agriculture and Natural Resources Appropriations Subcommittee; State Affairs Committee. 3/4/2019.
Representative Gruters filed an identical bill SB 1552.
SB 1552 filed in Senate 2/28/2019.
+ SB 1568 (Rodriguez) Discharge of Domestic Wastewater
This bill adds legislative findings that the discharge of domestic wastewater through deep well injection wastes valuable water supplies that should be reclaimed for beneficial purposes to meet public and natural systems demand. It prohibits the construction of new deep injection wells for domestic wastewater discharge and prohibits the discharge of domestic wastewater through ocean outfalls and deep injection wells after specified dates.
SB 1568 filed in Senate 2/28/2019
+ HB 63 (Rodrigues) Property-Assessed Clean Environment
In 2010, HB 7179 was signed into law to provide local governments the ability to enter financing agreements with private property owners to fund energy conservation retrofits, renewable energy additions and/or wind resistance improvements. Property-assessed financing programs have been adopted by over 30 states across the country.
This year’s HB 63 amends Florida’s property-assessed clean environment program by including “advanced technologies for wastewater removal” as a property improvement that qualifies under special financing program PACE. This bill specifies that retrofitted septic systems and converting from septic to sewer significantly benefits the quality of water that may enter streams, lakes, rivers, aquifers, or coastal areas. This bill adds sewage treatment improvement as a qualifying improvement, which includes the upgrade and/or conversion of a septic system to sewer system, and includes the costs of installation. HB 63 expands qualifying improvements to include ‘water quality’ alongside energy efficiency, renewable energy, and wind resistance improvements.
House Referrals (HB 63): Local, Federal & Veteran Affairs Subcommittee; Ways & Means Committee; State Affairs Committee (1/3/2019)
Senators Albritton and Gruters filed an identical bill SB 282.
Senate Referrals (SB 282): Community Affairs; Infrastructure and Security; Appropriations (1/22/2019).
+ HB 521 (McClure) Wetland Mitigation
In 2012, the Legislature passed legislation providing that a governmental entity may not create or provide mitigation for a project other than its own unless the governmental entity uses land that was not previously purchased for conservation and unless the governmental entity provides the same financial assistance as required for permitted mitigation banks. Regional offsite mitigation areas (ROMA)
This bill would allow a government entity to create or provide mitigation for a project other than its own regardless of whether the land was previously purchased for conservation or not. HB 521 would delete exceptions for mitigation projects for transportation, mining activities, single family lots, electric utility impacts, and sovereign submerged lands. The deleted exceptions would be replaced with language stating “this section does not affect current wetland mitigation sequencing under state or federal law.”
HB 521 would provide alternative sources of mitigation credits for developers to purchase if private mitigation bank credits are unavailable.
House Referrals (HB 521): Agriculture and Natural Resources Subcommittee; Agriculture and Natural Resources Appropriations Subcommittee; State Affairs Committee. (1/30/2019)
Senator Lee filed a similar bill SB 532. An amendment filed on 3/4/2019
Senate Referrals: (SB 532) Community Affairs (passed); Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations.
+ HB 291 (McClain) Growth Management
This bill amends the Comprehensive Plan Bill by providing a private property rights element. Local government must include in its comprehensive plan an aspect which ensures the consideration of private property rights in local decision making. If passed, local government would have to include this element in the comprehensive plan by July 2020 and would be required to consider the impact on private property rights of all proposed development orders, plan amendments, ordinances, and other government decisions.
House Referrals (HB 291): Local, Federal and Veterans Affairs Subcommittee (Passed); Commerce Committee; State Affairs Committee (2/21/2019).
Senator Perry filed a similar bill SB 428
Senate Referrals: (SB 428) Community Affairs; Judiciary; Rules (2/1/2019).
+ SB 144 (Bean) Impact Fees
Impact fees are considered to be a charge on new development to help fund and pay for the construction or needed expansion of offsite capital improvements.
This bill would change the impact fees title in the Florida Statutes, adding “minimum requirements, audits, challenges.” It would set stricter language for the satisfaction of conditions when a local government adopts an impact fee. SB 144 adds the condition that the collection of an impact fee would not be required prior to the issuance of a building permit for the project subject to the fee.
The bill emphasizes that the expenditure of revenues from an impact fee must have strong connection to the benefits received by those affected by new residential or commercial construction. It requires that local governments designate impact fee funds specifically for the acquiring, constructing, or improving capital facilities to benefit new users, and cannot be used to pay for existing debt or old projects unless impact is strongly connected with the old project. This bill specifies that the Impact Fee bill does not apply to water and sewer connection fees.
Senate Referrals (SB 144) Community Affairs (passed); Finance and Tax; Appropriations. 3/7/2019.
Representative Donalds filed a similar bill HB 207 This bill authorizes the prevailing party of a legal challenge of an impact fee to recover attorney fees.
Representative Donalds filed an amendment that removed a provision authorizing the award of attorney fees to the prevailing party in an action challenging an impact fee. It was adopted without objection 2/21/2019.
House Referrals (HB 207): Local, Federal and Veterans Affairs Subcommittee (Passed); Commerce Committee (passed); State Affairs Committee.3/7/2019.
+ SB 350 (Hutson) Affordable Housing
This bill would prohibit local governments from charging impact fees for affordable housing projects. A committee substitute was approved on 3/7/2019. The bill now also provides a new permitting process for affordable housing projects and revises parts of the Community Workforce Housing Innovation Loan Pilot Program. SB 350 would now authorize local government to provide a waiver or exeception to an impact fee for affordable housing projects.
The bill title is changed from ‘Impact Fees’ to ‘Affordable Housing’.
Senate Referrals (SB 350): Community Affairs (passed); Infrastructure and Security; Appropriations 3/7/2019.
ENERGY & CLIMATE
+ SB 314 (Montford) Advanced Well Stimulation Treatment
SB 314 also prohibits the performance of well stimulation treatments and includes a definition of “matrix acidization”. SB 314 also notes the threat of well stimulation and matrix acidization upon Florida’s aquifer as reason for the prohibition of such practices. This bill was amended on 2/12/2019 deleting the requirements of a study.
Senate Referrals (SB 314): Environment and Natural Resources (passed). Now in Innovation, Industry and Technology (2/15/2019).
Representatives Fitzenhagen and Plasencia filed HB 239, similar to SB 146.
House Referrals (HB 239): Agriculture and Natural Resources Subcommittee; Agriculture and Natural Resources Appropriations Subcommittee; State Affairs Committee (1/23/2019).
+ HB 7029 (House Agriculture & Natural Resources Subcommittee; Raschein) Fracking
This bill narrowly defines “fracking” as “all stages of well intervention performed by injecting high volumes of fluids at a high rate into a rock formation at pressures at or exceeding the fracture gradient of the rock formation in order to propogate fractures”. This definition of fracking means that another fracking-like operation (matrix acidization), which also uses toxic chemicals, will continue to be legal. The definition may also result in rules which allow certain hydraulic fracturing operations to continue to be legal.
House Referrals: (HB 7029) Agriculture and Natural Resources Appropriations Subcommittee; State Affairs Committee (2/18/2019).
+ SPB 7064 (Senate Agriculture Committee) Fracking
This bill would prohibit fracking in Florida. It does not include certain well intervention techniques under the definition of fracking, such as “conventional acidizing” or “conventional well stimulation”. SPB 7064 On Agriculture committee agenda 3/11/2019, 1:30PM, 301 Senate Building.
+ SB 146 (Stewart) Advanced Well Stimulation Treatment
This bill would ban “advanced well stimulation” techniques, including “fracking” in Florida. This bill was filed in last year’s legislative session but died in committee.
Senate Referrals (SB 146): Environment and Natural Resources; Innovation, Industry, and Technology; Appropriations (1/10/2019).
+ SB 1156 (Berman) Community Solar Program
This bill would create a new section of Florida Statutes defining a community solar facility as one that generates electricity through a solar photovoltaic device where subscribers receive a bill credit for the electricity generated in proportion to the size of their subscription. These facilities must have at least ten subscribers and 50% of its capacity subscribed to by residential and small commercial customers. SB 1156 would create program guidelines for the administration of such electricity utilities, including how subscribers’ bills are calculated and monthly reports indicating the total value of bill credits generated. The bill provides protection against unfair leveraging of customer and electric distribution system information and competition by an investor-owned electric utility.
Additionally, SB 1156 establishes goals for the procurement of electricity from community solar facilities including creating at least 500 megawatts of generating capacity, reserving 40% for low-to-moderate income projects by 2023.
Senate Referrals (SB 1156): Innovation, Industry, and Technology; Community Affairs; Rules. 2/28/2019.
+ SB 1762 (Rodriguez) State Renewable Energy Goals
This bill creates statute that requires the Office of Energy within the Department of Agriculture and Consumer Services (DACS) to develop a unified statewide plan to generate 100% of the state’s energy from renewable sources by 2050. It would require an achievement of 40% by 2030.
SB 1762 filed in Senate 3/1/2019.
Representative Eskamani filed an identical bill HB 1291
HB 1291 filed in House 3/5/2019.
+ SB 78 (Rodriguez) Public Financing of Construction Projects
This bill would require construction contractors to conduct a sea level impact projection study before beginning work on coastal projects that are funded in whole or part by the State of Florida.
The study must assess the flooding, inundation and wave action damage risks to the project over 50 years. It also has to analyze potential public safety and environmental impacts resulting from damage to the structure including leakage of pollutants. Analysis in the study must take into account sea level rise and increased storm risk over the next 50 years when reaching its conclusions. The study must also include ways to mitigate and reduce risk, including siting the project in a different location.
Senate Referrals (SB 78):Environment & Natural Resources (on committee agenda 3/12/2019 4:00PM); Infrastructure & Security; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations (3/7/2019).
Representatives Fernandez and Grieco filed an identical bill, HB 169.
House Referrals (HB 169): Agriculture and Natural Resources Subcommittee; Appropriations Committee; State Affairs Committee (1/16/2019).
+ SB 222 (Rodriguez) Private Property Rights
This bill would exempt property owners who produce renewable energy on their property and distribute it to users on the property from being defined as a public utility. It would allow, for example, apartment complexes who produce solar power to sell power to their tenants. A similar bill was filed in last year’s session, died in committee.
Senate Referrals (SB 222): Innovation, Industry, and Technology; Infrastructure and Security; Community Affairs; Rules (1/22/2019).
+ SB 1056 (Rodriguez) Florida Disaster Resilience Task Force
This bill would establish a task force as part of the Department of environmental Protection to evaluate ways to protect Florida’s coastal ecosystems, increase coastal community resilience and utilize the “best available science” to prepare for sea-level rise and its anticipated impacts. The task force would consist of the Secretary of Environmental Protection along with six experts appointed by the Governor, President of Senate, and Speaker of the House of Representatives.
Senate Referrals: (SB 1056) Environment and Natural Resources; Innovation, Industry, and Technology; Rules. (2/22/2019).
+ SB 134 (Stewart) Florida Black Bears
This bill would prohibit the Florida Fish and Wildlife Conservation Commission (FWC) from allowing bears mothering cubs under 100 pounds to be taken during a Florida black bear hunt. It provides that anyone who unlawfully harvests saw palmetto berries on state lands commits a second-degree misdemeanor. It allows FWC to designate, on state lands, black bear habitats where females are likely to be denning in February and lands where there are critical food sources for bears. Finally, it would prohibit prescribed burning on state lands during the month of February where the FWC has designated the area as a likely location for black bear denning. This bill was filed last year, but died in committee.
Senate Referral (SB 134): Environment and Natural Resources; Agriculture; Criminal Justice; Rules (1/10/2019).
+ SB 140 (Stewart) Specialty License Plates/Gopher Tortoise
This bill would direct the creation of a Gopher Tortoise specialty license plate. The annual use fees from the sale of the plate would be distributed to Wildlands Conservation, Inc., a nonprofit conservation planning, land management and education organization, to fund gopher tortoise species research, education, and conservation, as well as upland habitat protection, restoration and management.
Senate Referrals (SB 140): Infrastructure and Security; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations (1/10/2019).
+ HB 99 (Jacobs, Eskamani, Mercado) Shark Fins & Ray Parts
This bill would expand current legislation on shark fins to include the prohibition of sale, purchase, or distribution of shark fins and ray parts. This bill would ban the commerce of shark fins or ray parts regardless of where the parts were taken and direct the Fish and Wildlife Conservation Commission (FWC) to adopt rules for implementation.
House Referrals (HB 99):Agriculture & Natural Resources Subcommittee; Business & Professions Subcommittee; State Affairs Committee (1/3/2019).
Senator Gruters filed a similar bill, SB 352
Senate Referrals (SB 352): Environment and Natural Resources; Criminal Justice; Rules (1/25/2019).
+ SB 320 (Hooper) Residential Conservation Programs
This bill would authorize the Fish and Wildlife Conservation Commission (FWC) to create and operate residential conservation programs to provide fish and wildlife education and training to the public. SB 320 would allow FWC to procure contractual services, hire and train personnel and volunteers, and cooperate with federal, state, and local entities.
Senate Referrals (SB 320): Environment and Natural Resources - passed; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations. 3/6/2019.
Representative Stone filed a similar bill HB 377
House Referrals: (HB 377) Agriculture and Natural Resources Subcommittee (Passed); Agriculture and Natural Resources Appropriations Subcommittee - passed; State Affairs Committee.3/6/2019.
+ SB 1150 (Pizzo) Wildlife Protection
This bill prohibits the import, sale, purchase and distribution of ivory and rhinoceros horns. SB 1150 also makes it unlawful to take, possess, injure, shoot, collect, or sell Florida black bears or their parts.
Senate Referrals (SB 1150): Environment and Natural Resources; Criminal Justice; Rules. 2/28/2019
+ SB 1236 (Farmer) Transactions for the Possession of Animals
This bill includes Green Iguanas and Black and White Tegus to the list of prohibited species that cannot be kept, possessed, imported, sold, bartered, traded, or bred as part of the nonnative animal management/priority invasive species section of Florida Statutes.
Senate Referrals: (SB 1236) Judiciary; Banking and Insurance; Rules. 3/4/2019.
WASTE & RECYCLING
+ SB 88 (Stewart) Preemption of Recyclable & Polystyrene Materials
In the 2008 session, legislation was passed directing the Department of Environmental Protection (DEP) to analyze the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic bags. This legislation also prohibited local government from enacting any rule, regulation or ordinance regarding the use, disposition, sale, prohibition, restriction, or tax of these containers.
SB 88 would delete the preemptions of local laws regulating polystyrene, disposable plastic bags and auxiliary containers.
Senate Referrals (SB 88): Community Affairs; Environment & Natural Resources; Rules (12/13/2019).
Representatives Grieco, Eskamani and Duran filed an identical bill, HB 6033
House Referrals (HB 6033): Business and Professions Subcommittee; Local, Federal and Veterans Affairs Subcommittee; Commerce Committee (2/13/2019).
+ SB 588 (Hutson, Bradley) Single-Use Plastic Straws
SB 588 preempts the regulation of single-use plastic straws to the state, prohibiting local government entities from implementing laws restricting single-use plastic straws. This bill would allow a food service business to distribute single-use plastic straws upon request from customers and would allow businesses to provide self-serve straw dispensers.
On 3/1, an amendment was filed by Senator Hutson to conduct a study to evaluate: the environmental impact of single-use straws, the effects of single-use straw regulation and the effects of their impact in terms of effectiveness, and the potential impact of regulating single-use straws on the quality of life of persons with disabilities who may rely on single-use plastic straws for feeding and hydration. The department tasked with conducting the study would report the results of the environmental impact to the Legislature by January 1, 2024.
In the meantime, local government would not be permitted to adopt or enforce an ordinance or other local regulation relating to single-use plastic straws. Any local government that attempts to adopt and/or enforce a single-use plastic straw regulation before July 1 2024 would result in a fine of $25,000.
Senate Referrals: (SB 588) Commerce and Tourism - (passed); Community Affairs; Rules. 3/5/2019.
Representatives Sabatini and Fine filed an identical bill, HB 603.
House Referrals: (HB 603) Business and Professions Subcommittee; Local, Federal and Veterans Affairs Subcommittee; Commerce Committee. (2/6/2019).
+ SB 502 (Rader) Prohibition of Plastic Carryout Bags & Straws
This bill would create statutes to prohibit plastic carryout bags and straws, prohibiting a store or food service business from providing a carryout bag made of plastic film to customers, and prohibit businesses from providing or selling single-use plastic straws to customers. SB 502 does not prohibit a business from providing customers with certain types of “non-handled” carryout bags made from plastic film or carryout bags made from natural or synthetic material other than plastic film. This bill allows businesses to provide a single-use plastic straw to a person who requires one due to disability or medical condition. SB 502 includes a fine of up to $500 for first-time violators and up to $1,000 for second or subsequent violations.
Senate Referrals: (SB 502) Commerce and Tourism; Community Affairs; Rules (2/8/2019).
+ SB 694 (Rodriguez) Disposable Plastic Bags
SB 694 would create a pilot program for regulating and/or banning disposable plastic bags for coastal communities with populations fewer than 100,000. This ordinance would not include new taxes or fees on the use or distribution of disposable plastic bags. At the end of the pilot period (April 2022), the municipality would provide a report to the Department of Environmental Protection.
Senate Referrals (SB 694): Community Affairs; Commerce and Tourism; Rules (2/15/2019).
+ SB 816 (Perry) Environmental Regulation
This bill would preempt local government to regulate the collection or handling of recovered materials or solid waste and require require counties and municipalities to address the contamination of recyclable material. It would require contracts with residential recycling collector to include the term “contaminated recyclable material” and would take into consideration available markets for recyclable material, waste composition studies, and other relevant factors.
SB 816 also amends a section of statute regarding dock and pier replacement permits. It would prohibit local government from requiring Department of Environmental Protection (DEP) verification for certain projects, and requires new or replaced dock or pier to be within five feet of the original dock and cannot cause any additional adverse impacts to aquatic resources.
Senate Referrals: (SB 816) Environment and Natural Resources; Community Affairs; Appropriations. (2/15/2019).
Representative Overdorf filed a similar bill, HB 771 Collection of Residential Recyclable Material.
House Referrals: (HB 771) Local, Federal and Veterans Affairs Subcommittee; Agriculture and Natural Resources Subcommittee; State Affairs Committee (2/20/2019).
+ HB 325 (LaMarca) Coastal Management
This bill amends the criteria the Department of Environmental Protection (DEP) must use when assigning funding priorities for beach management and erosion projects. Through a scoring system, the criteria are included in four specified tiers. Tier 1 consists of the tourism-related return on investment and the economic impact of the project. Tier 2 would address the availability of federal matching dollars and federal cost-share percentage, and also delineates the storm damage reduction benefits of the project based on a set of considerations. Tier 3 accounts for previous state commitments and funding, including previous partial appropriations for the project. Tier 4 includes criterion such as the increased prioritization of projects that have previously been on DEP’s list, projects that provide environmental habitat enhancement for threatened or endangered species, and the readiness of the project to proceed to the construction phase.
For projects concerning inlet management, this bill would include the requirement of considering the cost-effectiveness of sand source opportunities for addressing beach erosion. DEP may pay from legislative appropriations up to 75% of the construction costs of a major inlet management project for erosion projects. The remaining funds must be paid from other funding sources including local sources.
This bill adds a comprehensive long-term management plan component that must be maintained by DEP to include a strategic beach management plan, a critically eroded beaches report, and a statewide long-range budget plan that includes a 3-year work plan for beach projects accompanied by a 3-year financial forecast for the availability of funding for the projects. HB 325 also would require DEP to update project lists quarterly on its website and to provide more transparency and notification to the Executive Office, Governor, and Legislature regarding the intended use of surplus funds.
House Referrals (HB 325): Agriculture and Natural Resources Subcommittee (Passed); Agriculture and Natural Resources Appropriations Subcommittee (passed); State Affairs Committee. 3/7/2019
Senator Mayfield filed a similar bill SB 446
Senate Referrals: (SB 446) Environment and Natural Resources (passed) Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations. 3/7/2019.
+ SB 54 (Rouson) Possession of Real Property
This bill would repeal last session’s HB 631 regarding private landowners blocking access to some public beach areas.
Senate Referrals (SB 54): Judiciary; Community Affairs; Environment and Natural Resources; Rules (12/13/2019).
+ SB 708 (Stewart) Sale of Sunscreen
This bill creates statute to prohibit the sale of sunscreens containing oxybenzone or octinoxate to consumers unless prescribed to them.
Senate Referrals: (SB 708) Environment and Natural Resources; Commerce and Tourism; Rules (2/15/2019). //
+ SB 218 (Gruters) Smoking
This bill renames the ‘Indoor Air: Tobacco Smoke Act’ to ‘Tobacco Smoke’, which expands the application to include outdoor areas- specifically public beaches- and provides a penalty of up to $25 fine or 10 hours of community service.
Senate Referrals (SB 218): Environment and Natural Resources; Community Affairs; Commerce and Tourism; Rules (1/22/2019).
Representative Altman filed an identical bill, HB 237
House Referrals (HB 237): Civil Justice Subcommittee; State Affairs Committee; Judiciary Committee (Withdrawn prior to introduction 2/26/2019).