Section Reporter - January 2004

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Reporter

ARTICLES

	Legislative Forecast
	Angela Dempsey

     The next general Legislative Session is scheduled from March 2 through April 30, 2004. The Senate conducted committee meetings the week of January 5, and the House conducted budget meetings the week of January 12. Both chambers plan to hold committee meetings the weeks of January 19, February 2, 9 and 16. The focus of the committee meetings the week of February 9 will be the budget.

     Growth management and related water policy and water rights issues will continue to garner much of the legislature’s environmental focus. Members have already introduced a significant number of bills that would require local governments to include projected water use in comprehensive plans. The legislature will also take up the proposed standardization of millage rates, so the Northwest Water Management District may use the same mileage rate as all the other water management districts. Another important proposed change will be the transfer of the powers and duties of the Department of Community Affairs to the Secretary of State. Constitutional Amendments and the ability to limit them will also be debated this session. There are currently 51 proposed constitutional amendments, including the hometown democracy amendment.

     Hundreds of bills have already been filled and routed to committees for consideration. Those that may affect the environmental policy include:

Bill #(s) Including companion bills	Sponsor	Summary/Status
HB 3	Allen	JR/Repeal High Speed Rail Requirement - A joint resolution proposing repeal of Sec. 19 of Art. X of State Constitution to eliminate requirement for development and operation of a high speed ground transportation system. 9-15-03 Filed, 11-21-03 referred to House Transportation, State Administration and Appropriations Committees.
HB 233	Richardson	JR/Ad Valorem Taxes/Water Management - A joint resolution SB 488 Lawson proposing an amendment to the State Constitution to standardize the maximum millage rate for all water management districts at 1 mill ($1 Per $1,000). 1-6-04, a CS/SB 488 voted favorably by the Natural Resources Committee.
HB 293 SB 110 SB 1104 SB 1142	Russell Bennett Dockery Dockery	Water Resources - Relating to defining "priority project" to require local governments to include projected water use in comprehensive plans. HB 293 filed 12-09-03. Senator Dockery’s bills were filled the week of 12-8-03 and referred to the Senate Comprehensive Planning, Appropriations and Natural Resources Committees. Senator Bennett’s bill also authorizes the Public Service Commission (PSC) to approve rates allowing utilities to recover the full cost of alternative water supplies.
HB 319 SB 696	Stansel R.Smith	Florida Incentive-Based Permitting Act - Relating to providing for an Incentive-Based Permitting Program; provides compliance incentives for environmental permitting activities. 12-11-03 Filed. SB 696 was filed 11-21-03 and, 12-05-03 Referred to Senate Natural Resources, Gov. Oversight & Productivity, Comprehensive Planning, APPR Sub on General Government and Appropriations. Neither of these bills is similar to last year’s performance based permitting bill, nor are they supported by DEP.
SB 58 & 60	Atwater	Water Quality - These are placeholder bills, both currently described as relating to revising laws relating to water quality. 09-15-03 Filed. 10-10-03 Referred to Senate Rules and Calendar.
SB 112	Bennett	Renewable Energy - Relating to expressing the legislative intent to enact legislation relating to renewable energy. This is a placeholder presumably geared toward encouraging the generation and use of renewable energy. 09-22-03 Filed, 10-10-03 Referred to Senate Communication & Public Utilities, Natural Resources, Gov. Oversight & Productivity, APPR Sub on General Government, Appropriations, and Senate Rules and Calendar.
SB 152	Saunders	2020 Water Study Commission – Provides for appointment of 17 members to a commission to study state water resource management and draft a final report by February 1, 2006. The bill provides for the Governor to appoint 7 members and the House Speaker and Senate President to appoint 5 members each.
SB 178 HB 365	Wasserman Joyner	Treated Wood – This bill prohibits the use of wood Schultz products treated with chromated copper arsenate (CCA) in publicly funded playgrounds and associated groundcovers, constructed or contracted for on or after October 1, 2004. 10-01-03 Filed, 10-10-03 Referred to Senate Agriculture, Natural Resources, Regulated Industries, Gov. Oversight & Productivity APPR Sub on General Government, Appropriations and Senate Rules and Calendar.
SB 424 HB 213	Geller	Local Governments - Relating to requiring the state to offer to convey surplus lands to a municipality at no cost if the surplus lands were acquired by the state before 1960 by a gift from the municipality. SB 424 filed 10-22-03 10-30-03 Referred to Comp. Planning, Gov. Oversight & Productivity, Finance and Taxation, and Appropriations. 12-08-03 Voted favorably from Comp. Planning.
SB 686 HB 409	Jones Sullivan	Coastal Redevelopment Hazard Mitigation – This would provide an additional hazard mitigation requirement for comprehensive plans. It also authorizes a demonstration project in certain counties to allow for the redevelopment of coastal areas. 11-21-03 Filed, 12-05-03 Referred to Senate Comprehensive Planning, Natural Resources, APPR Sub, Transportation Econ Dev., and Appropriations. 1-5-04 Comp. Planning voted favorably with 1 amendment.
SB 1078	Lynn	Local Source First - A resolution supporting the continuedinclusion of a "local sources first" policy in Chapter 373, F.S. and opposing any amendment to the state's water resource policy, which allows encourages or promotes water transfers.
SB 1156 HB 149	Peaden Baxley	Shooting Ranges - This bill would immunize shooting ranges from liability for contamination and require the dismissal of currently pending lawsuits filled by the Department for violation of groundwater standards and other contamination. The NRA is pushing these bills. 1-6-04 CS/SB1156 referred favorably by Senate Judiciary, and 12-09-03 CS/HB 149 referred favorably by House Judiciary.
SB 1174	Bennett	Regional Impact - Relating to revising various provisions governing developments of regional impact; limits issues that must be included in application for development approval; revises requirements for development orders. 12-11-03 Filed, 12-18-03 Referred to Senate Comprehensive Planning, Natural Resources, Gov. Oversight & Productivity and Senate Rules and Calendar.
SB 1266	Clary	This is a general placeholder bill. 12-15-03 Filed.
SB 1270	Clary	Governmental Fees - This is a general placeholder bill.
SB 1284	Webster	Economic Development - This is a general placeholder bill.
SB 1286	Webster	Department of Community Affairs - This is a placeholder bill.
SB 1492	Senate Comm. & Public Utilities	Renewable Electric Energy Production Act – This Act would Authorize the PSC to require public utilities to offer a purchase contract to qualified renewable resources. 1-8-04 Filed and workshopped in Senate Communication & Public Utilities.
SPU 2	Senate Comm. & Public Utilities	Renewable Energy – This law would establish a minimum renewable energy requirement, and provide for cost recovery and rules. 12-10-03 Filed and workshopped in Senate Communication & Public Utilities

This session’s environmental issues will likely be very interesting. Please look for periodic email updates from myself and/or Eric Olsen, check the status of particular bills at www.leg.state.fl.us, and look for the legislative summary in the summer edition of the Section Reporter.