Okaloosa County BOCC — September 3, 2013 — FAC Growth Management, Agriculture, Environment — reading text

having local environmental programs that are more stringent than state or federal regulatory programs. SUPPORT legislation that authorizes the Department of Environmental Protection (DEP) and water management districts to develop a general permit for local government restoration and enhancement projects, particularly as these activities pertain to implementation of the Total Maximum Daily Load (TMDL) program. Explanation/Update: In 2013, HB 999 addressed of issues such as: electronic submissions; RAIs on development applications (with the exception of building permits); sovereign land leases for marinas, boatyards and marine retailers; preemption on water well permitting, water allocations with planned desalination plants; exemptions for man-made farm ponds (under 15 acres and 15 feet deep) and unauthorized flooding from an adjacent property; revised air source permit fees; recovered materials and dealers; and interstate natural gas pipelines. Expect to see another comprehensive permit streamlining bill during the 2014 session. 11 PUBLIC LANDS Land Acquisition: SUPPORT the continuation of the Florida Forever land acquisition program and a dedicated state funding source, which provides local match funding for acquisition or preservation of conservation lands. SUPPORT legislation that would require land acquisition projects to be ranked and prioritized according to their consistency with the local comprehensive plan. Explanation/Update: In the 2013 budget, $20 million was allocated for land acquisition with the proviso that an additional $50 million would be funded by the sale of state-owned lands no longer needed for conservation purposes. The DEP has been charged with identifying those lands with limited conservation value, which will then be sold in order to purchase land with greater value — for instance, land that is protective of springs, water quality, water quantity and land that can be used as a military buffer zone. The Trust for Public Land and the DEP have brought together a technical advisory group to guide the process, and a list of approximately 170 parcels totaling 5,330 acres has been presented. These lands are scattered across 67 state forests, parks and other management units. In the meantime, an advocacy group known as Florida’s Water and Land Legacy has proposed an initiative to amend the state Constitution to require 33 percent of all net revenues derived from the documentary stamp tax to be dedicated to the Land Acquisition Trust Fund for the next 20 years. According to the group’s website, they have collected approximately 150,000 signatures of the 683,149 needed to get the amendment on the November 2014 ballot. Conservation Lands: SUPPORT legislation that provides future state funding for the management and maintenance of conservation lands transferred to county control. SUPPORT improved management of state conservation lands and increased public access to those lands. Sovereign Submerged Lands: SUPPORT the current case law definition of the "ordinary high water mark" which delineates state lands from private lands. OPPOSE any changes having the effect of transferring large quantities of wetlands and uplands from state ownership to private ownership. 12  Explanation/Update: In both the 2012 and 2013 Legislative Sessions, bills were introduced which would have revised the current definition and interpretation of the Ordinary High Water Mark (OHWM). The 2012 proposal would have changed the OHWM definition to the “highest reach of a navigable, non-tidal water body as it usually exists when in its ordinary condition and is not the highest reach of such water body during the high water season or in times of freshets.” The 2013 proposal would have redefined the “mean annual flood line" for delineating ERP limits to require calculating the arithmetic mean of the maximum yearly discharges for the most recent 10-year period of record. Although the language in both proposals died in committee, one can expect a similar effort this year. SOLID WASTE Solid Waste Funding: SUPPORT reinstating state funding of Solid Waste Management Grants. SUPPORT maintaining the waste tire fee as a dedicated revenue source for funding mosquito control programs and waste tire recycling. Solid Waste Regulation: OPPOSE any diminution of county authority to franchise and otherwise regulate construction and demolition debris (C&D) haulers, recyclers, or disposal facilities. Recycling: SUPPORT legislation that provides appropriate resources and incentives to local governments to achieve statewide recycling goals. SUPPORT a recycling credit for all recycled materials including municipal biomass and other waste-to-energy processes. OPPOSE legislation that imposes fees or taxes on local governments for collecting waste, which is an essential governmental service. Any recycling plan promulgated by the state must consider market and state-wide economic conditions. SUPPORT removing the exemption in s.403.7046(3), F.S., so that local government may require commercial establishments to convey source-separated recovered materials to the local government or to a facility designated by the local government for recycling. Explanation/Update: A late amendment to the permit streamlining bill HB 999 (2013), provides that a local government may not use information provided by a recovered materials dealer in its registration application to compete unfairly with the dealer until 90 days after receipt of the application. The law now also provides that a recovered materials dealer (or association) may initiate an action for injunctive relief or damages for alleged violations of § 403.7046. 13 DOMESTIC WASTE Central Sewer Systems: SUPPORT the authority of county government to require mandatory connection to central sewer systems as they become available. Septage: SUPPORT local government authority to regulate the land application of septage waste within its jurisdictional boundaries, given the differences in technical, environmental and economic feasibilities present within each jurisdiction. SUPPORT the repeal of the statutory ban on the land application of septage set to commence in 2016. WATER RESOURCES Water Funding: SUPPORT legislation that enhances regional and local financial capacity to address water supply development and the flexibility of all available funding sources. SUPPORT the funding of the Water Protection and Sustainability Program within the Department of Environmental Protection for the development of alternative water supplies, water quality improvement projects, and comprehensive water infrastructure needs. SUPPORT sustained commitment of state resources for regional systems of statewide importance, such as rivers, springs and the Everglades. SUPPORT renewed funding for alternative water supply projects, conservation, and the TMDL program. Water Supply: OPPOSE any shift of the water supply allocation process from publicly regulated to a market driven process. SUPPORT the fundamental principles of Florida water law which: • Requires demonstration that a proposed use of water is a reasonable-beneficial use, will not interfere with an existing legal use of water, and is consistent with the public interest to protect water and related natural resources. • Establishes a right of use, not a right of ownership. • Provides for “local sources first” – that is, a county in which water is withdrawn shall not be deprived directly or indirectly of the prior right to reasonable and beneficial use of water to supply the needs of its natural systems, property owners, or inhabitants. OPPOSE any state-wide water commission or “water czar” which would redefine the water supply relationship among the state, water management districts, and local governments. 14 SUPPORT the enhancement of local government participation in the water management district planning, permitting and regulatory processes, including proposed reservations, minimum flows and levels, and recovery and prevention strategies. SUPPORT removal of the current sales tax exemption on bottled water. Explanation/Update: Bills were passed in the 2013 Legislative Session that:  Authorizes utility companies, private landowners, water consumers, and the Department of Agriculture and Consumer Services (DACS) to enter into cooperation agreements with cities, counties, water management districts and the DEP to meet water supply needs.  Adds DACS to those entities participating in regional water supply planning pursuant to §373.709. (HB 948)  Increases permit duration to 30 years for alternative water supply projects, with an additional 7 years possible if bonds are issued to finance the project. (HB 364)  Includes in water management districts’ annual submittal to DEP proposed reservations and a list of water bodies that have the potential to be affected by withdrawals in an adjacent district for which an MFL might be appropriate.  Provides that water management districts shall apply any reservation, MFL or recovery or prevention strategy adopted by DEP by rule without the district’s separate adoption by rule. (SB 244) Water Quality: SUPPORT the DEP’s Numeric Nutrient Criteria Rule as a replacement for the federally promulgated numeric nutrient criteria, as it provides the necessary protection to the state’s waterbodies without imposing unnecessary costs to county governments. SUPPORT the DEP’s petition to the EPA to rescind their January 2009 determination to promulgate federal numeric nutrient criteria only in Florida. SUPPORT measures to preserve county authority to address water quality problems and the flexibility to craft solutions at the local level. Explanation/Update: Last Session, the Legislature passed SB 1808, which essentially is the State numeric nutrient criteria. The bill also authorized implementation in accordance with the DEP guidance document entitled “Implementation of Florida’s Numeric Nutrient Standards.” The Legislature also passed HB 7157, which ratified TMDLs for St. Marks River Basin, Pensacola Bay Basin, Indian River Lagoon, Hillsborough River Basin, Springs Coast Basin and the statewide TMDL for mercury-impaired water bodies; and SB 1806, which provides that future TMDLs will not be subject to the legislative ratification under §120.541(3). 15 Fertilizer: SUPPORT the authority of county government to regulate the use and application of fertilizer to protect water quality. SUPPORT the “Florida Green Industries Best Management Practices” as a basic level of water quality protection, with more stringent protection authorized to address water bodies in need. SUPPORT legislation that would allow counties to develop regional approaches to nutrients, fertilizer, and other water quality issues that take into account particular local concerns relating to geology and hydrology. Utilities: SUPPORT legislation that encourages and supports “goal-based water conservation initiatives through permit incentives and the use of conservation best management practices developed by the utility industry. SUPPORT legislation that recognizes the responsibility and authority of local government utilities to establish rates and rate structures to allow for flexibility in the provision of services and the sustainable funding of operations. NEW AND REVISED STATEMENTS Conservation