Legislative Wrap Up 2017 Session

Legislative Wrap Up 2017 Session David Cullen, Sierra Club Florida lobbyist All in all, 2017 was a good session for environmental issues in part because we were able to pass some good bills, and in part because we were able to stop some bad ones. Our top priority issues did fairly well. Bills that passed included: Solar Tax Exemption for commercial properties that implements Constitutional Amendment 4 which voters adopted by a 73% majority on August 30, 2016 Everglades Agricultural Area Reservoir which will reduce discharges to the St. Lucie and Caloosahatchee Rivers and their estuaries, help rehydrate the Everglades, recharge the aquifer that supplies drinking water to over 8 million, and help address the hyper-salinity in Florida Bay that is killing the seagrass Pollution notification requires entities that have a reportable release to notify DEP within 24 hours and requires DEP to notify the public within the following 24 hour period The only top priority bill that failed to pass was the Fracking ban. And that wasn t a complete failure, only an obstacle to be overcome next session. SB 442 by Sen. Young passed its first committee but was never taken up in the next two. The House companion was never even heard in its first. The same fate was shared by three other bills that would have banned fracking in Florida. Still, we got a 5-0 vote in the first Senate committee which puts the issue in a much better position than we ve been in previously. No bad fracking bills were filed and we showed the bill can pass in committee. Next year is an election year and we ll push hard for hearings and passage in all committees and on the floor. The other notable loss was in the budget where Florida Forever got ZERO dollars. The entire conservation community mobilized to get funding for land acquisition, but was unable to get any traction. The legislature s ability to ignore the express will of the voters who adopted the Water and Land Conservation Amendment in 2014 has been breathtaking in its arrogance. Sierra Club Florida and our co-litigants will continue to pursue this in court and in the halls of the Capitol. We were able to stop a lot of bad bills as well, including: A bill that would have let the PSC grant FPL and other IOUs the ability to invest in fracking and charge ratepayers for the cost plus getting a guaranteed profit on the investment regardless of whether it even produced any gas A bill that would have made the Florida Building Code the permanent standard instead of the International Code. The bill would make things easier for developers but more expensive for consumers because weaker codes mean less storm protection, less energy efficiency, and higher operational costs A bill that would have preempted local governments from requiring that transmission lines be buried underground and leaving the entire decision in the hands of the PSC. This bill would have posed a threat to both local urban areas and also to Everglades National Park (where Miami- Dade s local ordinances protect the park from high tension lines on towers over 100 feet tall

Three preemption bills that would have prevented local governments from passing ordinances affecting business, professions, and occupations; commerce, trade, and labor; or impose stringent stormwater regulations. Below is the information on each of these bills and a listing of other wins (Good bills that passed and bad bills that died) and losses (Bad bills that passed and good bills that died). Priority Bills Wins Amendment 4 Implementation SB 90/HB 1351 Renewable Energy Source Devices by Sen. Brandes and Rep. Rodrigues This bill implements the constitutional amendment adopted by voters last fall to extend the exemption from assessment on solar panels for property tax purposes to nonresidential property.. Sierra worked with the Amendment 4 coalition comprising other Environmental groups, solar industry businesses, and consumer groups This is the Amendment 4 Implementation bill that provides an exemption from ad valorem taxation for solar panels and other renewable energy devices. It passed both chambers and has been sent to Gov. Scott. As can be seen from the numbers assigned to the bills, Sen. Brandes filed SB 90 early and it hewed closely to the intent of the Constitutional amendment adopted by 73% of voters on August 30, 2016 (Primary Day). Rep. Rodrigues waited until the deadline to file HB 1351 and included language requiring consumer protection disclosures that would have posed serious obstacles to renewable energy contractors. Working with a broad coalition of solar energy businesses and other environmental groups, we were able to bring the two bills closer together and arrive at a compromise position each chamber could endorse. The final bill is prospective meaning that the exemption only applies to commercial properties going forward. This prevents local governments from suffering a loss of revenue as compared with last year. SB 90 started out as retrospective which would have meant a significant impact on local governments. The final bill includes some consumer protection and disclosure requirements, but the most objectionable ones were amended out of HB 1351 in its last committee. A broad effort by volunteers pushing for a clean bill was effective in making this happen. Successful amendments to the final bill include: Removing the provision making local governments financing renewable energy for residents through PACE (Property Assessed Clean Energy) subject to onerous disclosure requirements Installers now only have to meet the requirements of their licenses under the Dept. of Business and Professional Regulation, and the Florida Building Code (instead of seven different authorities) Removing the requirement that sellers provide an estimate of customer s savings which could be dependent on information not available to the seller/installer, such as the consumer s tax situation.

Commercial and industrial enterprises use a lot of electricity and this bill should spur them to get on board with renewable energy. It will be good for them and good for Florida. EAA Reservoir SB 10 Water Resources by Sen. Bradley This bill provides a framework for building a reservoir south of Lake Okeechobee in the Everglades Agricultural Area (EAA). It was signed into law by Governor Scott on May 10. Sierra Club Florida s Chapter Director Frank Jackalone released this statement when the bill passed: Sierra Club supported the Everglades Reservoir bill, which the Governor signed this week. We backed the bill because, on balance, its passage benefited the Everglades and Florida's coastal waters. The law funding construction of a reservoir will help reduce Lake Okeechobee freshwater discharges that have been producing toxic algae in the St. Lucie and Caloosahatchee estuaries, as well as send clean freshwater south to replenish aquifers, the Everglades and Florida Bay. Restoring these freshwater flows to the south will also improve the resiliency of South Florida from sea level rise and saltwater intrusion. House and Senate leaders improved the final version of SB 10 by removing earlier provisions that would have used Land Acquisition Trust Fund (LATF) revenue to fund Phase I of the C-51 water supply project and other inappropriate uses of voter mandated funding set aside for conservation and recreational land protection. Unfortunately, the bill still includes the LATF as a potential funding source for Phase II of the C-51 reservoir, which would be an impermissible expenditure of funds from the Land Acquisition Trust Fund under Article X, Section 28 of the Florida Constitution. We continue to oppose funding for all water supply projects from LATF monies. While the new law speeds up the process for storing water on public land south of the Lake, it failed to provide any of the 60,000 acres of additional sugar land requested in the original bill for water storage, treatment and conveyance. The law also prohibits the state from using the power of eminent domain to acquire sugar lands, an important tool sometimes necessary to protect the Everglades, prevent ecological collapse, and preserve the water supply for 6 million people. The law forces more water to be stacked up in a smaller footprint, driving up costs and limiting options. We also remain very concerned that the South Florida Water Management District plans to rely on Aquifer Storage and Recovery and Deep Injection Wells north of the Lake instead of buying more land and building adequate above ground storage, which would provide more ecological benefits in line with Everglades restoration goals. We are very pleased however that the law provides training programs and preference for Lakeside residents to secure jobs building the new reservoir. We hope that this is just the beginning of serious efforts to transition the Lakeside communities to a diversified, stronger economy that protects its vast natural resources and public health. A House companion bill, HB 761 by Rep. Altman was also filed, but never heard inn committee. Speaker Corcoran placed SB 10 directly on the House calendar for a floor vote when it passed out of the Senate. A competing measure (SB 861/HB 1211 Central and Southern Florida Project for Flood Control and Other Purposes by Sen. Simmons and Rep. Roth) would have devoted $100 million to fixing the Herbert

Hoover dike and raising the allowable height of Lake O to reduce the discharges to the east and west. Neither bill was heard in committee. Pollution Notification SB 1018/HB 753 Contaminated Site Cleanup by Sen. Grimsley and Rep. Stone This bill passed the Senate 38-0 and the House 117-0. It started out as a bill dealing with cleanup actions for dry cleaning solvents and underground petroleum tanks, but language from SB 532/ HB 1065 Public Notification of Pollution by Sen. Galvano and Rep. Peters was added to it. The bill was filed because industry objected to the Governor s emergency rule requiring notification which he issued when the Mosaic sinkhole collapsed and sent millions of gallons of radioactive water from a gypstack down into the aquifer. Sen. Galvano whose district includes the Tallevast area in Manatee County where a toxic plume affected the groundwater for an African American community took the bill for the Senate and Rep. Peters from Pinellas (which suffered a sewage spill into Tampa Bay last fall) took the House bill. Rep. Peters bill was never heard in committee but Sen. Galvano s SB 532 passed all of its committees unanimously. His bill was amended onto Sen. Grimsley s SB 1018 on the Senate floor. The bill requires spills to be reported to DEP within a day and then for DEP to notify the public within 24 hours. Priority Bills A Defeat but still a Win Fracking Ban bills SB 442/HB 451 Advanced Well Stimulation by Sen. Young and Rep. Mike Miller and Rep. Cruz These bills were a straightforward ban on fracking in Florida and would have banned hydraulic fracturing, acid fracturing, and acid matrix stimulation. They would not have affected routine well cleanout work or water wells. SB 442 passed its first committee, Senate Environmental Preservation and Conservation by a 5-0 vote, but was not heard in its second committee, the Appropriations Subcommittee on the Environment and Natural Resources chaired by Sen. Rob Bradley. The companion, HB 451 by Rep. Mike Miller was never heard in its first committee. The bills had strong bipartisan support. Sen. Young, a Republican from Hillsborough had cosponsors: Perry ; Farmer ; Latvala ; Stewart ; Rader ; Flores ; Mayfield ; Steube ; Rodriguez ; Torres ; Bracy ; Campbell ; Rouson ; Book ; Montford ; Powell ; Artiles ; Clemens (6 Rs and 12 Ds). Reps. Republican Mike Miller and Democratic Leader Janet Cruz had as cosponsors: Abruzzo ; Baez ; Berman ; Clemons ; Cortes, B. ; Cortes, J. ; Davis ; Diamond ; Fitzenhagen ; Geller ; Gruters ; Henry ; Jacobs ; Jacquet ; Latvala ; Miller, A. ; Newton ; Peters ; Plasencia ; Richardson ; Russell ; Shaw ; Slosberg ; Smith ; Stark ; Watson, C. ; Willhite (8Rs -19Ds)

Three other bills were filed to ban fracking: HB 35/SB 98 Well Stimulation by Rep. Jenne and Sen Farmer, and Sen. Farmer also filed a resolution to put a constitutional amendment banning fracking on the ballot, SJR 108. None of these bills were heard in committee. Even though the fracking bills did not advance further than one committee this year, it was a success for the issue. There were no bad fracking bills filed and the bill now has one committee in the win column. Be sure to thank any of the sponsors and cosponsors in the above lists for their commitment to banning fracking in Florida. Priority Bills More Wins (Bad bills that died) IOUs investing in fracking SB 1238/HB 1043 Utility Investments in Gas Reserves by Sen. Bean and Rep. Brodeur A broad alliance of environmentalists, consumer organizations, and businesses joined together to defeat these bills. SB 1238 would have authorized the Public Service Commission to expand the guarantees given to Florida s Investor Owned Utilities (IOUs) by giving them the right to charge ratepayers for the cost of investing in fracking and adding a profit on that cost regardless of whether the fracking investment produced any savings or even produced any gas at all. All the risk would have been borne by ratepayers and all of the benefits would have gone to shareholders. The Senate bill passed all of its committees, but the chair of the House Commerce Committee did not agenda the bill and Speaker Corcoran said towards the end of session that the House had too many questions about the bill to take it up. The bill would have overturned a court decision that denied FPL the ability to charge ratepayers for both costs and profit on investing in fracking in Oklahoma. Opposition to be bill came from Sierra, ReThink Energy, Southern Alliance for Clean Energy (SACE), AARP, the Florida Retail Association, and the Florida Power Users Group. Don t be surprised if this bill is filed again next session. The IOUs and their fossil fuel friends still; have plenty of clout in the Capitol. Building Code International vs. Florida Code SB 7000/HB 901 Florida Building Commission by Sen. Lee and Rep. McClain These bills would have required the commission to use the Florida Building Code as the foundation for the code. They would have required only that the commission review, rather than update the code to match the International Code that is used by every other state in the US. The International Code is much friendlier to renewable energy and energy efficiency issues. Making the foundation code for Florida different than that used by other states would likely have had the unintended consequence of making some mass-produced parts unavailable as Florida s code fell behind the rest of the country.

Skimping on code requirements would make developing property less expensive fr developers, but more costly for consumers who would have to live with less efficient buildings. Both bills passed their first committees of reference, but neither was heard in its second and last committee. Linear Facilities preemption SB 1048/HB 1055 Linear Facilities by Sen. Lee and Rep. Ingram These bills would have given the PSC exclusive jurisdiction over the issue of whether transmission lines have to be underground or not and thereby would have preempted local governments control over rights-of-way in their territories. IOUs want the issue to be handled by the PSC because it s cheaper to put up poles than to bury the lines and the rationale was that since undergrounding costs more, the PSC has to approve a rate increase for the IOU. Local governments strongly dsisagreed. Sierra signed onto a letter opposing the bills that read in part: SB 1048 and HB 1055 seek to remove local input from the equation, shutting out the city and county leaders and technical staff who best know the dynamics of the community. Streamlining the certification of major energy infrastructure by shutting out local experts and elected leaders is a disservice to the residents whose lives and businesses are impacted by these decisions. In particular, these bills would have serious impacts to Everglades National Park. Currently, Miami-Dade County s East Everglades Ordinance protects sensitive wetland habitat from a longstanding effort by Florida Power & Light (FPL) to build 330-foot-tall transmission towers through the park. If passed, SB 1048 and HB 1055 would remove the County s ability to protect the sensitive Everglades habitat that supplies much of its clean water and tourism economy. SB 1048 passed the full Senate 34-3, but HB 1055 was never heard in its last House committee of reference: Commerce. Preemption bills HB 17 Local Regulation Preemption by Rep. Fine This bill would have preempted local governments from adopting any ordinances or regulations not authorized by state wide law that affected businesses, professions, or occupations. The bill did not have a clear Senate companion. It passed its first committee of reference by a 9-6 vote but was never heard in its second and last committee. The bill would not only have prevented the adoption of new ordinances, but would have terminated all local regulation not authorized by statewide law in 2020. It died in House Commerce. The bill would have preempted such regulations as required hiring practices or minimum wage requirements, among others. Sierra s primary concern with this kind of legislation is the potential for preemption of fertilizer ordinances. Some things must be regulated on a local or regional basis, and water quality is a prime example. Localities with lots of development near water have to be able to

keep fertilizer from polluting the resource. And different locales need different approaches, from rainy season application bans, to buffer zones, to slow release requirements. SB 1158 Regulation of Commerce, Trade, and Labor by Sen. Passidomo This bill was similar to HB 17 in that it preempted similar and also raised concerns about local social equity regulations. It was never heard in its first committee and died without a House companion. SB 1378/HB 751 Stormwater Management by Sen. Perry and Rep. Clemons These bills would have imposed a one-size-fits-all best management practice on the entire state and prohibited local governments from imposing more stringent stormwater regulations. Neither bill was heard in its first committee. The Rest of the Batch Good Bills that Passed HB 1031/SB 1228 Marine Turtle Protection by Rep. Altman and Sen. Gainer Last Action: 5/5/2017 H Ordered enrolled -HJ 1263 The bill amends the offense severity ranking chart provided in s. 921.0022(3), F.S., to: Update the cross-reference to s. 379.2431(1)(e)7., F.S., relating to soliciting or conspiring to commit a violation of the Marine Turtle Protection Act; and Add s. 379.2431(1)(e)6., F.S., relating to the possession of a marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species. Under the bill, both offenses are Level 3 offenses. If approved by the Governor, these provisions take effect July 1, 2017. Vote: Senate 36-2; House 117-0 SB 884/HB 823 Sharks by Sen. Hutson and Reps. Alex Miller and Joe Gruters Last Action: 5/9/2017 Signed by Officers and presented to Governor The bill prohibits possessing in or on the waters of the state a shark fin that has been separated from a shark or landing a separated shark fin (shark finning), unless such possession is authorized by the Florida Fish and Wildlife Conservation Commission or such fin has been lawfully obtained on land and prepared by taxidermy and is possessed for the purposes of display. The bill provides the following enhanced penalties for violations: For a first violation: o A misdemeanor of the second degree, punishable by up to 60 days imprisonment or a $500 fine; and o An administrative fine of $4,500 and a suspension of all the person s license privileges for 180 days. For a second violation:

o A misdemeanor of the second degree punishable by up to 60 days imprisonment or a $500 fine; and o An administrative fine of $9,500 and a suspension of all the person s license privileges for 365 days. For a third or subsequent violation: o A misdemeanor of the first degree, punishable by up to one year imprisonment or a $1,000 fine; and o An administrative fine of $9,500 and a permanent revocation of all the person s license privileges. If approved by the Governor, these provisions take effect October 1, 2017. Vote: Senate 39-0; House 115-0. HB 181/SB 464 Natural Hazards by Rep. Jacobs and Sen. Clemens Last Action: 5/18/2017 Signed by Officers and presented to Governor The bill creates an interagency workgroup to address the impacts of natural hazards in this state. The workgroup is comprised of a liaison from each agency within the executive branch of state government, each water management district, and the Public Service Commission. The director of the Division of Emergency Management, or his or her designee, will serve as the coordinator of the workgroup. The workgroup is directed to share information on the current and potential impacts of natural hazards throughout the state and collaborate on statewide initiatives to address the impacts of natural hazards. The term natural hazards includes, but is not limited to, extreme heat, drought, wildfires, sea-level changes, high tides, storm surge, saltwater intrusion, stormwater runoff, flash floods, inland flooding, and coastal flooding. The Division of Emergency Management is responsible for preparing an annual progress report on behalf of the workgroup on the implementation of the state s enhanced hazard mitigation plan as it relates to natural hazards. The annual report is due to the Governor, President of the Senate, and Speaker of the House of Representatives on January 1, 2019, and each year thereafter. Each workgroup liaison is responsible for posting the annual report to their respective agency s website. The bill appropriates $84,738 in recurring funds and $4,046 in nonrecurring funds from the Grants and Donations Trust Fund to the Division of Emergency Management and authorizes one full-time equivalent position to implement the requirements in the bill. If approved by the Governor, these provisions take effect July 1, 2017. Vote: Senate 37-0; House 111-1 Note: The bill includes sea-level change as one of the hazards to prepare for HB 573/SB 928 Water Protection and Sustainability by Rep. Burton and Sen. Stargel Last Action: 5/1/2017 H Ordered enrolled -HJ 1021 This bill provides a method for addressing water quality needs without looking to Amendment 1 (Water and Land Legacy) funds.

The bill creates the Heartland Headwaters Protection and Sustainability Act. The bill contains legislative findings and intent regarding the significance of, and protections for, water resources in the Green Swamp Area of central Florida. The bill requires the Polk County Regional Water Cooperative (PRWC), in coordination with all of its member county and municipal governments, to prepare a comprehensive annual report on water resource projects identified for state funding consideration within its members jurisdictions. The report must include: A list of projects, identified by the PRWC for state funding consideration for each of the following categories: o Drinking water supply; o Wastewater; o Stormwater and flood control; o Environmental restoration; and o Conservation. A project may be listed in more than one category. A priority ranking for each listed project that will be ready to proceed in the upcoming fiscal year identified by the project categories. The estimated cost of each listed project. The estimated completion date of each listed project. The source and amount of financial assistance to be provided by the PRWC, the member county or municipal governments, or other entity for each listed project. The bill requires the PRWC to submit its annual report beginning December 1, 2017 to the Governor, the Legislature, the Department of Environmental Protection (DEP), and appropriate water management districts (WMDs). The bill also requires the PRWC to coordinate with appropriate WMDs on the inclusion in consolidated WMD annual reports of a status report on projects receiving priority state funding. If approved by the Governor, these provisions take effect July 1, 2017 Vote: Senate 38-0; House 115-0 HB 105/SB 954 Vote-By-Mail Ballots by Rep. Cruz and Sen. Passidomo Last Action: 5/18/2017 Signed by Officers and presented to Governor CS/HB 105 creates a statutory affidavit cure process to remedy and count a vote-by-mail ballot where the ballot signature submitted by the voter does not match the signature on file in the registration book or precinct register. This new process is similar to the process for curing a vote-by-mail ballot with no signature, adopted by the Legislature in 2013. The cure process begins when a Supervisor of Elections receives a vote-by-mail ballot that contains either no signature or a signature that does not match the voter s signature in the registration book or precinct register. The supervisor must immediately notify the voter and provide an opportunity to cure

the defect by submitting a signed cure affidavit and a copy of a proper ID no later than 5:00 p.m. on the day before the election. The type of identification that the voter must provide in order for the ballot to count depends on whether the voter s signature on the cure affidavit matches the registration signature on file. If not, the voter must provide the same type of current and valid picture identification required at the polls ( TIER 1 ); if the signature matches, additional lesser forms of identification with the voter s name and current residence address will suffice such as a current utility bill, bank statement, or government check ( TIER 2 ). The bill more effectively implements an ad hoc procedure that a federal district court judge mandated for the 2016 general election to count mismatched-signature ballots. Florida Democratic Party v. Detzner, 2016 U.S. Dist. LEXIS 143620 [Case No. 4:16cv607?MW/CAS (N.D. Fla., Oct. 16, 2016)]. If approved by the Governor, these provisions take effect upon becoming law. Vote: Senate 35-0; House 120-0 The Rest of the Batch Bad Bills that Died Wasteful use of Agency time and resources SB 1640/HB 1163 Administrative Procedures by Sen. Broxson and Rep. Spano Last Action: 5/5/2017 S Died in Judiciary Administrative Procedures; Requiring an agency to prepare a statement of estimated regulatory costs before adoption, amendment, or repeal of any rule other than an emergency rule. This bill would require all government agencies to calculate an estimate of the fiscal impact of every proposed rule, even when it was obvious that the cost would be de minimus. Unbalanced legal playing field SB 996/HB 997 Administrative Proceedings / Florida Equal Access to Justice Act by Sen. Perry and Rep. Killebrew Last Action: 5/5/2017 S Died in Judiciary These bills would have set in law an unjust assumption that the standard for an award of attorney fees and costs in the case of challenging a permit should be different from the standard for an award in other proceedings. These unjust awards would even have been possible if the case were settled. The bills would have a chilling effect on challenges to permits. Misuse of Amendment 1 funds. The bills below all plan to use or allow the use of Amendment 1 funds (from the Land Acquisition Trust Fund (LATF)) for purposes not in line with the Constitutional amendment as follows: Amendment 1 funds can be used to acquire, improve, restore, and manage conservation and recreation lands. it must be one of those four categories of expenditure. Programs with environmental benefits that do not meet one of those categories do not quality for Amendment 1 funding.

SB 112/HB 613 Flood Hazard Mitigation by Sen. Brandes and Rep. Ahearn Last Action: 5/5/2017 H Died in Oversight, Transparency and Administration Subcommittee Would have provided up to $50 million from the Land and Water Trust Fund to mitigate flood prone areas regardless of conservation value. Misuse of Amendment 1 funds HB 663/SB 1082 Implementation of the Water and Land Conservation Constitutional Amendment by Rep. Peters and Sen. Brandes Last Action: 5/5/2017 H Died in Agriculture and Natural Resources Appropriations Subcommittee Implementation of the Water and Land Conservation Constitutional Amendment; Requires minimum specified percentage of funds within Land Acquisition Trust Fund to be appropriated to DEP for specified water supply, water restoration, & water resource development projects; requires distribution to be reduced by amount equal to debt service paid on certain bonds. APPROPRIATION: Indeterminate Misuse of Amendment 1 funds HB 1033/SB 982 Implementation of the Water and Land Conservation Constitutional Amendment by Rep. Altman and Sen. Mayfield Last Action: 5/5/2017 H Died in Agriculture and Natural Resources Appropriations Subcommittee Implementation of the Water and Land Conservation Constitutional Amendment; Requires specified appropriation for restoration projects related to Indian River Lagoon system; authorizes use of funds for certain land management & acquisition; requires distribution to be reduced by amount equal to debt service paid on certain bonds. APPROPRIATION: Indeterminate The bill s language amends the Legacy Act to include proper purposes, but for the IRL, not conservation and recreation lands. Misuse of Amendment 1 funds SB 234/HB 847 Land Acquisition Trust Fund by Sen. Bradley and Rep. Payne Last Action: 5/5/2017 H Died in Messages Land Acquisition Trust Fund ; Requiring a specified appropriation for certain projects related to the St. Johns River and its tributaries or the Keystone Lake Region, etc. APPROPRIATION: Indeterminate The bill s language does not limit the use of LATF funds to conservation or recreation lands. Sen. Bradley s bill died in messages, but he did get $7.8 million from General Revenue and $5.5 million from the LATF in the budget. Misuse of Amendment 1 funds SB 874/HB 551 Nutrient Pollution from Onsite Sewage Treatment and Disposal Systems by Sen. Young and Rep. Stone Last Action: 5/5/2017 S Died in Appropriations Subcommittee on the Environment and Natural Resources Nutrient Pollution from Onsite Sewage Treatment and Disposal Systems; Specifying an appropriation from the Land Acquisition Trust Fund to reduce nutrient pollution by offsetting or partially offsetting property owner costs incurred to retrofit certain onsite sewage treatment and disposal systems, to connect certain properties to central sewer systems, and for certain muck dredging and stormwater improvements; authorizing the Department of Environmental Protection to make certain grants; requiring the department, as part of a basin management action plan, to develop onsite sewage treatment and disposal system remediation plans under certain conditions, etc. APPROPRIATION: Indeterminate

The second half of this bill would have been a good change to the Basin Management Action Plan process, but we were unable to support a misuse of Amendment 1 dollars. Violation of Separation of Powers SB 1098/HB 121 Legislative Review of a Judicial Ruling Declaring a Legislative Act Void by Sen. Perry and Rep. Gonzalez Last Action: 5/5/2017 S Died in Judiciary This bill would put a proposed constitutional amendment on the ballot to allow the legislature to override the Florida Supreme Court or any lower county or local court by a two-thirds vote in each chamber. If the legislative review took place within five years of the court s action, the original legislation would be deemed active and operational, notwithstanding the court s ruling. Any such legislative review of an adverse court ruling would not be subject to approval or veto by the Governor. Abetting a felony? HB 1419/SB 1096 Obstruction of Traffic during a Protest or Demonstration by Rep. Williamson and Sen. Gainer Last Action: 5/5/2017 H Died in Civil Justice and Claims Subcommittee This bill would have prohibited obstructing/interfering with traffic during protest/demonstration for which a permit has not been obtained and makes it a second-degree misdemeanor to do so. The bill also exempts motor vehicle operator from liability for injury/death to a demonstrator in the street unless the injured person (or the representative of a fatally injured person) can prove that they were not demonstrating without a permit or that the death or injury was not unintentional.. Florida Forever HB 7119 Florida Forever Program by Rep. Caldwell Government Accountability Committee Last Action: 5/5/2017 S Died in Rules When this bill was presented as a Proposed Committee Bill (PCB) Sierra Club supported it because it prioritized the funds in the Land Acquisition Trust Fund for acquiring conservation land interests for ARC list projects, Florida Communities Trust, and the Rural and Family Lands Protection Program. Unfortunately, when the bill was given a number it was amended to remove that language and instead substituted an inadequate schedule of payments to Florida Forever (ARC list projects), Florida Communities Trust, and the Rural and Family Lands Protection Program. Finally, it provided $0.00 for Florida Forever in the upcoming fiscal year. The bill passed the full House 117-1, but was not taken up in the Senate. End-Run around the Sunshine Law HB 843/SB 1004 Pub. Meetings and Records / Meetings Between Two Members of Board or Commission by Reps. Donalds and Rommel and Sen. Baxley Last Action: 5/2/2017 H CS failed to pass; YEAS 68 NAYS 48 -HJ 1052 (Fortunately, Florida s Constitution requires new or expansion of existing public meeting exemptions to be adopted by a two-thirds vote of both the House and Senate. Therefore, to pass it would have needed at least 80 votes to pass the House.)

This bill would have allowed members of board or commissions to meet in private without notice to the public so they could develop a better understanding of the issues that would come before them. The bill provides that the exemption from the Sunshine Law would not apply if: The members do not adopt a resolution or rule to take any other formal action, or agree to do so at a future meeting, at such meeting. A resolution or rule adopted, or any other formal action taken, in violation of this prohibition is void. The members do not discuss an appropriation, a contract, or any other public business that involves the direct expenditure of public funds to a private vendor. The meeting is not intended to frustrate or circumvent the purpose of the open meetings laws. However, the proposed law does not say how any of these provisions could be enforced since no one but the commissioners or board members would be in attendance. The Rest of the Batch Bad Bills that Passed HB 335/SB 1104 Resource Recovery and Management by Rep. Clemons and Sen. Perry Last Action: 5/5/2017 H Ordered engrossed, then enrolled -HJ 1156 This bill allows plastics to be subjected to pyrolysis (exposed to head in an oxygen deficient atmosphere) to break them down into simpler compounds which include fuels. Sierra succeeded in getting an amendment to the Senate bill that only allowed plastics for which there was no recycling market to be used in this way, but the amendment was rescinded in the final version of the bill. Bill proponents argue that the major waste handlers (Waste Management, BFI, etc.) will make sure they get to sell the easily recycled plastics in the waste stream since they draw a higher price than the less easily recycled plastics. However, relying solely on the market to prevent take the money and run thinking is far from reassuring. The bill that passed does at least require the tracking and reporting of the types and amounts of post-use polymers ssubjected to pyrolysis. The bill adds post-use polymers and pyrolysis facilities to those materials and facilities that are exempt from solid waste regulations. A majority of the post-use polymers at a facility must be sold, used, or reused within one year. The post-use polymers and the pyrolysis facility must meet the other existing statutory criteria applicable to recovered materials and recovered materials processing facilities. The bill specifies that the terms used or reused include, but are not limited to, the conversion by gasification or pyrolysis of post-use polymers into crude oil, fuels, feedstocks, or other raw materials or intermediate or final products. The bill adds new definitions for the following terms: o o o o Gasification to fuels, chemicals, and feedstocks; Post-use polymers; Pyrolysis; and Pyrolysis facility.

The bill also amends existing definitions of terms to add references based on the exemption from solid waste regulations for converting post-use polymers by gasification or pyrolysis to fuels, chemicals, and feedstocks. Finally, the bill clarifies that DEP and local governments must regulate post-use polymers and pyrolysis facilities according to the same provisions that govern recovered materials and recovered materials processing facilities. If approved by the Governor, these provisions take effect July 1, 2017. Vote: Senate 38-0; House 119-0 HB 759 City of Gainesville, Alachua County by Rep. Clemons Last Action: 5/4/2017 H Ordered enrolled -HJ 1131 This local bill is a Gainseville Chamber of Commerce sponsored measure that requires a referendum on whether to abandon the current Utility Advisory Board and to create an unaccountable Gainesville Regional Utilities Authority. Ratepayers and citizens would not be able to elect or remove authority members. Since it is a local bill, there will be a referendum to adopt or reject the new Authority. The only part of the bill that is currently effective is the part requiring the referendum. If the referendum passes, then the new provisions become effective. Sen. Perry filed SB 1568, a bill along the same lines (He sponsored the referendum bill last year while still a Rep.) SB 1568 died inn committee. But local bills don t need companions in the Senate (in much the same way as Senate confirmations don t need House counterparts.) So the bill will go to Gov. Scott who vetoed it last year. But the reason he vetoed it was that it provided for paying the new Authority members. This year s bill does not include payments, so he may not object. The Suwannee St. Johns Group has worked very hard to try to kill this bill and is now working on a veto campaign. HB 687/SB 596 Utilities by Rep. LaRosa and Sen. Hutson La Rosa Last Action: 4/28/2017 H Ordered enrolled -HJ 1016 This bill provides that small communications devices like 5G routers can be placed on utility poles (such as traffic lights, not phone poles) on the public right-of-way and localities may not restrict them with some minor exceptions. The bill passed the House 110-3 and the Senate 33-1. The End of the Batch Good Bills that Died HB 93/SB 162 Disposable Plastic Bags by Rep. Richardson and Sen. Rodriguez Last Action: 5/5/2017 H Died in Local, Federal and Veterans Affairs Subcommittee Disposable Plastic Bags; Authorizes certain municipalities to establish pilot programs to regulate or ban disposable plastic bags; provides program criteria; provides for program expiration; directs participating

municipalities to collect data & submit reports to municipal governing bodies & DEP; defines term "coastal community." Limited to non-coastal (Gulf, Atlantic, Bays) communities with fewer than 100,000 population, sunsets by 6/30/2020 HB 93 was never heard in committee (for the third or fourth year kudos to Rep. Richardson for sticking with it!) SB 162 passed Senate Environmental Preservation and Conservation 4-1 but was not agendaed in Community Affairs, its second of four committees. SB 198/HB 861 Environmental Regulation Commission by Sen. Stewart and Rep. Wilhite Last Action: 5/5/2017 H Died in Messages Requiring the Governor to fill vacancies on the Environmental Regulation Commission within 90 days and requires a majority of 4 the membership of the Commission (7) to approve changes to air quality standards or water quality standards. This would have meant that if there were vacancies on the ERC and they were considering an issue like the human health standards for toxics they would have to have 4 vote to approve the change, even if there were only 4 or 5 members. SB 198 passed the full Senate 38-0, but HB 861 which passed its first committee 14-0 ran out of time in its second committee and was never put back on the agenda. (The cure for this is to have a member of each committee you appear before prepared to move to vote on your bill by a time certain usually 2 minutes before the committee is scheduled to adjourn). Rep. Wilhite was caught by surprise this year, but I doubt that will happen to him again. SB 678/HB 629 Financial Assistance for Water and Wastewater Infrastructure by Sen. Montford and Rep. Payne Last Action: 5/5/2017 S Died in Appropriations This bill would have allowed disbursement of financial assistance for water and wastewater infrastructure projects- particularly septic upgrades or conversion to sewer that could be advanced instead of requiring a locality to lay out the funds first and then be reimbursed. The bill did not rely on Amendment 1 funds for the financial aid SB 678 passed its first two committees, but was not agendaed in its last, Senate Appropriations. HB 629 passed its first committee 14-0, but was not put on the agenda in its second of three committees. HB 491/SB 1304 Florida Black Bears by Rep. Mercado and Sen. Stewart Last Action: 5/5/2017 H Died in Natural Resources and Public Lands Subcommittee Creating the Florida Black Bear Protection Act ; prohibiting the issuance of a permit authorizing the recreational hunting of Florida black bears mothering cubs under 100 pounds; specifying a penalty for the unlawful harvesting of saw palmetto berries on state lands; prohibiting prescribed burns in certain designated habitats during specified times, etc. HB 491 was never heard in committee. SB 1304 passed Environmental Protection and Conservation 4-1 (with Sen. Bradley voting No and after being watered down in order to pass the first committee). The bill was not agendaed in Sen. Bradley s Appropriations subcommittee on the Environment and Natural Resources 1304 HB 587/SB 230 Nonnative Animals by Rep. Beshears and Sen. Steube Last Action: 5/5/2017 S Died in Environmental Preservation and Conservation

Requiring the Fish and Wildlife Conservation Commission to establish a pilot program for the eradication of priority invasive species including Nile Monitors, pythons, green anacondas, and monitor lizards. The bill was exp0anded to include Lion Fish as well. It was also amended to require that landgoing nonnative species be implanted with a passive integrated transponder before sale, resale, or being offered for sale by a pet dealer, etc. Aappropriates $300,000 in each of two years. The original Senate sponsor of SB 230 was Sen. Artiles who had to resign after making vulgar racist and sexist remarks in public. Sen. Steube was the first named cosponsor, but he was not able to pass the bill with the opprobrium directed at anything former Sen. Artiles had been connected with. HB 285/SB 1748 Onsite Sewage Treatment and Disposal System Inspections by Rep. Fine and Sen. Stewart Last Action: 5/5/2017 S Died in Environmental Preservation and Conservation This bill started out simply removing the prohibition on local governments requiring an inspection of septic systems and a soil examination at the point of sale. But it was progressively weakened to require an advisory statement that septic systems should be inspected and that the Dept. of Health do a study of how many septic systems there are in Florida and what operational condition they re in. HB 285 passed the full House 117-2, but SB 1748 passed its first committee 4-1 and was then unable to move forward to its second and third committees. SB 456/HB 1251 Public Utilities / Private Property Rights by Sen. Rodriguez and Rep. Davis Last Action: 5/5/2017 S Died in Communications, Energy, and Public Utilities These bills would have made it possible for a property owner to provide or sell power generated by a renewable energy source device on his property to customers on his property. Sierra worked with the Amendment 4 coalition to get this bill filed and to find a House sponsor. Sen. Rodriguez had approached Sierra wanting to take on third party sales and this bill was the result. SB 456 was agendaed in Senate Communications, Energy, and Public Utilities, but was forced to temporarily postpone the bill when it was clear it didn t have the votes to pass. But we ve started the discussion in the Senate. HB 1251 did not get agendaed in its first committee, but it was filed late in the process and should be attractive to property rights interested legislators next session. SB 1700 Water Management by Sen. Farmer Last Action: 5/5/2017 S Died in Environmental Preservation and Conservation This bill would have made eight changes to chapter 373 (Water Resources) that would have closed some loopholes from last year s water bill and would have established some good policies such as actually promoting water conservation. The bill did not have a House companion. SB 242/HB 311 Agreement Among the States to Elect the President by National Popular Vote by Sen. Rouson and Rep. Geller Last Action: 5/5/2017 S Indefinitely postponed and withdrawn from consideration This bill would have provided the mechanisms to continue to use the electoral college but to use it in a way that results in the winner of the presidential and vice presidential elections being decided by the national popular vote. HB 1245/SB 1524 Basin Management by Rep. Diamond and Sen. Stewart

Last Action: 5/5/2017 H Died in Natural Resources and Public Lands Subcommittee This bill would have directed the Dept. of Agriculture and Consumer Services (DACS) to provide annual reports of fertilizer applications within inn areas under a Basin Management Action Plan to DEP so the environmental agency can actually know how much and where fertilizer is being used. SB 1100/HB 6043 Repeal of Nuclear Cost Recovery by Sen. Rodriguez and Rep. Diamond Last Action: 5/5/2017 S Died in Communications, Energy, and Public Utilities The bill would have repealed provisions relating to cost recovery mechanisms for the siting, design, licensing, and construction of nuclear and integrated gasification combined cycle power plants. Neither bill was heard in its first committee.