Okaloosa County BOCC — September 3, 2013 — reading text

transportation facilities that includes the state's primary highways, rail corridors, airports, freight terminals and seaports. Since the creation of the SIS in 2003, FDOT has re‐focused how it allocates its discretionary highway capacity funds by placing a priority on SIS facilities. While there is a local, regional, and statewide benefit to this policy, it does limit the amount of funds available for improving non-SIS facilities. In an effort to maximize the use of SIS funds and address other roadway deficiencies, FAC proposes a change in law that would allow the use of SIS dollars on non-SIS roads that are helping to effectively relieve congestion on the SIS road. Transportation Improvement Program (TRIP): To help provide needed funding for the Transportation Regional Improvement Program (TRIP), SUPPORT redirecting a portion of the remaining 2009 tag and title fee increases ($200 million) from state general revenue to the State Transportation Trust Fund (STTF) Explanation/Update: The purpose of the TRIP program is to encourage regional planning by providing state matching funds (up to 50% of total project costs) for improvements to regionally significant transportation facilities. TRIP is funded from a portion of the documentary stamp tax collected on all real estate transactions. When the real estate market is robust, the program is well funded. However, with a downturn in the economy, TRIP has received only marginal funding over the past few years. Additionally, in 2011, the legislature designated that, beginning July 2014, the first $60 million of TRIP funds be directed the Florida Rail Enterprise. In an effort to replace some of the funding for TRIP, FAC supports redirecting a portion of the tag and title fee revenues that increased in 2009. That year, Legislature increased fees for vehicle titles and tags, generating an additional $400 million for transportation purposes. However, the Legislature redirected this money for general revenue. Beginning in 2013, half of the money is scheduled to come back to the state transportation trust fund. FAC supports redirecting the balance for TRIP 7 Packet Pg. 877  Stephen James, Legislative Staff Attorney Agriculture Email: sjames@fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 CONSENT ITEMS Agricultural Protections: SUPPORT policies and legislation that curb abuse of statutory agricultural protections by real estate speculators and developers, while protecting principles of investment backed expectation. Rural and Family Lands Protection Act: SUPPORT funding the Rural and Family Lands Protection Act to allow for the purchase of rural lands protection easements to prevent the subdivision and conversion of such land into other uses. Rural Land Stewardship Areas (RLSAs): SUPPORT Rural Land Stewardship Areas (RLSAs) to maintain the economic value of rural land in Florida, protect the character of rural areas, ensure the viability of our agricultural economy, and control urban sprawl. SUPPORT local match funding for technical assistance and planning needed by local government to implement RLSAs. Sustainable Agriculture Incentives: SUPPORT legislation that encourages and incentivizes sustainable agriculture, and the maximization of local food production. 8 Packet Pg. 878  Stephen James, Legislative Staff Attorney Environment Email: sjames@fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 CONSENT ITEMS BEACHES AND SHORES Beach Access: SUPPORT the preservation of public access to and along beaches and state water bodies and county regulatory authority. Beach Renourishment: SUPPORT continuation of a dedicated state funding source for beach renourishment at or above statutory levels. SUPPORT the protection of sovereign immunity with regard to beach mitigation liability where a county conducts beach renourishment according to federal and state regulatory requirements. Permitting: SUPPORT improvements that reduce the permit review time and costs associated with joint coastal permitting without jeopardizing environmental resources. SUPPORT streamlined permitting for previously restored beaches and inlet management projects that have already been approved through the joint coastal permitting process. Working Waterfronts: SUPPORT funding sources and statutory provisions to assist local governments with: 1) the acquisition of property or development rights, 2) the preservation of commercial working waterfronts; 3) the improvement of recreational opportunities and public access. Vessels and Waterways: SUPPORT continued state funding of derelict vessel removal. SUPPORT continued state and local regulation of vessels, mooring fields, bulkheads and seawalls, floating vessel platforms, and seagrasses. SUPPORT greater county authority to regulate vessels in navigation outside of designated mooring fields. Explanation/Update: Per HB 999 (2013), mooring fields authorized by DEP General Permit may not exceed 100 vessels. This is a change from a size limitation of 50,000 square feet. DEP was also given delegated authority from the Board of Trustees of the Internal Improvement Trust Fund to issue leases for mooring fields that meet this requirement. 9 Packet Pg. 879 LAND USE REGULATION Billboards: OPPOSE legislation that preempts or dilutes local government’s ability to establish and maintain local ordinances which regulate billboards and outdoor advertising. Dangerous Captive Wildlife: SUPPORT enhanced interagency coordination between the counties and the Florida Fish and Wildlife Conservation Commission (FWCC) relating to land use regulations regarding dangerous captive wildlife. SUPPORT the listing of iguanas as a “reptile of concern” or, in the alternative, removing the current Class III permitting exemption. Mining: OPPOSE any reduction in the county government role in siting mines for the production of construction aggregate or other minerals. OPPOSE any reduction in county authority to regulate local concerns relating to the operation of mines including, but not limited to, hours of operation, noise, traffic and dust. ENERGY Incentives: SUPPORT incentives for local governments to assist in state energy policies such as green building and carbon emission reductions, and the technical assistance to implement these programs. Climate Change: SUPPORT a comprehensive state climate change action plan, with energy policies and other initiatives to reduce carbon dioxide and other compounds in the atmosphere and address ecosystem sustainability, long term water supply, flood protection, public health and safety, and economic growth and prosperity. SUPPORT state and federal recognition of adaptation and mitigation as critical to any climate change plan, and the funding necessary to assist local governments in developing and implementing climate change initiatives. Renewable Energy: SUPPORT streamlining the permitting and regulatory processes for solar products and installers. SUPPORT legislative incentives to encourage net metering and feed-in tariff programs, and the regulatory clarification that net metering should apply to each customer, rather than each meter, so that condominiums and other multi-unit buildings with a single solar system can apply the benefit to multiple users. 10 Packet Pg. 880 SUPPORT a Clean Portfolio Standard (CPS), or alternatively, a Renewable Portfolio Standard (RPS) for the State of Florida. SUPPORT legislative authorization for solar energy product manufacturers to train contractors and supervise installation without being required to obtain a contracting license. SUPPORT the repeal of the requirement of Florida Solar Energy Center (FSEC) approval in order to sell solar products in Florida. Alternatively, SUPPORT a requirement that FSEC develop nationally-recognized standards for its testing and approval process. SUPPORT incentives to promote the use of solar power purchase agreements and solar leases. Additionally, SUPPORT statutory authorization, if needed, for local governments to create energy financing districts on a voluntary basis. ENVIRONMENTAL PERMITTING Delegation: SUPPORT increased delegation to local government where resources exist to accept partial or complete delegation of state environmental regulatory programs. OPPOSE mandatory delegation as many local environmental programs seek only to fill in the gaps of state and federal regulatory programs. Permit Streamlining: SUPPORT legislation that is thoroughly vetted with all stakeholders, and that takes a targeted approach to increasing regulatory efficiencies, rather than broadly preempting local government authority. OPPOSE legislation that prevents counties from 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 Packet Pg. 881 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,