Water Supply.  Water supply and development issues were among the most actively debated topics during the 1996 and 1997 legislative sessions.  Significant water legislation was passed during the 1997 session; however, this legislation did not address all of the issues.  The requirement to use local sources of water first, funding for new sources of water supply, the Water Management District budgeting process, and general accountability of the districts are among those topics likely to arise in 1998.

     DRI Review.  The Senate Community Affairs Committee staff has issued a report with four recommendations for changes to the DRI program.  They are:  (1) revise statutory times to limit the time a developer has to file an application for a new DRI after a pre-application conference to respond to government requests for additional application information; (2) clarify or limit the scope of governmental agency comments on DRIs to regional issues; (3) amend the "thresholds" for DRIs to include locational and/or characteristic criteria, such as the presence on-site of natural resources of regional significance; and (4) integrate DRI review with comprehensive planning through "specific plans" for  large-scale development areas.

     Dry-Cleaning Site Cleanup.  The Senate Natural Resources Committee recently voted to introduce a proposed committee bill regarding this cleanup program, to address concerns with the funding and fiscal soundness of the program.  The bill likely will be considered by the Committee at its meeting in December.  Among other things, the bill shortens the time (from December 31, 2005, to December 31, 1998) for reporting contamination to be eligible for state restoration funds.  The PCB also appears to make a number of other changes designed to conform the drycleaning contamination cleanup program to that used for petroleum storage tanks and for the new brownfields program.

     Beach Management.  The House Committee on Environmental Protection has been assigned oversight of a House interim project on beach management.  Committee staff is conducting a review of beach management programs, including the funding needed for the Florida Beach Erosion Control Assistance Program.

     Environmental Self-Audits.  Twenty states reportedly have adopted self-audit
legislation.  In addition, both EPA and DEP have adopted self-auditing "policies" that are generally considered unworkable by the business community.  This issue, with particular focus on the extent of any privilege, will be on the table again in 1998. 

     Environmental Equity & Justice.  The Environmental Equity and Justice Commission issued a report examining any disproportionate and cumulative concentration of environmental hazards near people of color and low-income communities.  The report includes a number of legislative recommendations.  The Commission recommends defining "environmentally overburdened neighborhoods" and authorizing local governments to limit future siting in these areas.  Another recommendation would require local governments to consider environmental equity in land use and zoning decisions.  Other recommendations address notice to neighbors, standing, and a state ombudsman to protect the interests of minorities.  None of the Commission's significant recommendations were enacted during the 1997 session.  Look for these measures again in 1998.

     APA/Third Party Challenges.  Last year, Representative Spratt was concerned that the state was missing economic development opportunities because of delays associated with third-party challenges to environmental permits, so he filed legislation designed to eliminate unsubstantiated or otherwise frivolous challenges to permits issued under Chapter 373 or Chapter 403.  Look for this or similar legislation again in 1998.

     Tax Exemption for Pollution Prevention Equipment.  Legislation likely will be filed to create a sales tax exemption for any process, facility, device, fixture, equipment or machinery used primarily for the control, prevention or abatement of pollution.

     Title V Program Fees.  The Title V air pollution source operating permit program mandated by the Clean Air Act Amendments of 1990 is up and running in Florida.  Under the Title V requirements, major sources must pay substantial annual fees that are used to administer the program.  DEP recently indicated its intention to increase the fees, and discussions are ongoing among representatives of regulated interests and DEP concerning the appropriateness of the increase.  The Legislature may become involved in this issue if the parties are unable to resolve it.

     Accidental Release Prevention.  Section 112(r)(7) of the Clean Air Act requires certain stationary sources of air pollution to implement an accidental release prevention program.  The state may seek delegation of that program.  Discussions are underway with the Department of Community Affairs concerning legislation that would enable the delegation to take place.  This is likely to be a topic in 1998.

     Greenways.  Private landowners that support statewide greenways and trails concepts have been meeting with DEP to discuss legislation for the 1998 session that would revise the Greenways and Trails Act.  The proposed amendments are expected to establish a formal designation process, make clear that a private landowner's consent is required for designation in the program, and establish incentives for participation.