Legislative Issues
Cape Coral passed a fertilizer ordinance on November 30, 2010, which is a very good step forward. Read more...
Read more...
U.S. EPA (Environmental Protection Agency) Numeric Nutrient Criteria
June 16, 2010 -- This week Representatives Alan Boyd (FL-2) and Ander Crenshaw (FL-4) proposed to add a rider to must-pass legislation in the 2010 Supplemental Appropriations Act that would prevent the expenditure of funds for further developing or implementing numeric nutrient criteria in Florida and would block new water pollution regulations for Florida.
Read our Action Alert outlining the rider listing House Appropriations Committee members
Letter to David Obey, Appropriations Committee Chair by SCCF and 47 other environmental organizations, sent June 15, 2010
SCCF sent the following in an e-mail on April 26, 2010 as public comment for the EPA's establishment of Numeric Nutrient Criteria.
Clean Estuaries Act of 2010 (HR 4715)
SCCF joined 37 other environmental groups from across the country in support of the Clean Estuaries Act of 2010. Click here for letter sent April 14, 2010.
Clean Water Restoration Act 2009
Letter to President Obama from 160 scientists urging support of the Clean Water Restoration Act, dated 2/25/09
Clean Coastal Environment and Public Health Act
SCCF signed on to a letter from national environmental groups on 6/17/09
SCCF signed on to a Clean Water Network letter in June 2009.
Economic Stimulus Package Should Include Everglades
Everglades restoration is a 50-50 partnership between the State and Federal government. However, the state has paid much more of the bill than the Federal government has invested. The U.S. Sugar purchase is entirely a state commitment. To help achieve funding parity between State and Federal governments, the Everglades Foundation and its partner members – including SCCF -- have submitted a letter to our Federal Florida delegation requesting federal funding of Everglades projects through the current stimulus package. In addition, Everglades Foundation member organizations are working with the Obama transition team to prioritize and hopefully enhance Federal participation in Everglades restoration.
Letter to Senator Bill Nelson re Federal Funding, dated November 19, 2008: Page 1; Page 2.
Federal Transition 2009
American Rivers River Action Day in Washington, D.C.
July-August 2008 Member Update:
This year we once again participated in American Rivers River Action Day in Washington, D.C. to lobby on behalf of initiatives to protect and preserve the health of our nation's rivers.
We joined more than 111 advocates from 36 states to meet with 205 congressional offices, emphasizing water quality legislation and funding support for Everglades restoration. In addition to Everglades support we focused on the Raw Sewage Right to Know Act, Clean Water Restoration Act, Global Warming Cap and Trade legislation and the 40th anniversary of the Wild and Scenic Rivers Act.
We have been lobbying for two years, along with American Rivers, for the Raw Sewage Overflow Community Right-to-Know bill. This week, the U.S. House of Representatives passed the bill, which requires sewage treatment plants to notify the public in the event of a sewage spill.
Right: Karen Bickford from Lee County Natural Resources, Rae Ann Wessel, Jennifer Hecker of the Conservancy of Southwest Florida and Susan Kennedy of the Everglades Foundation at the U.S. Capitol in June 2008.
2007 River Action Day
November 2007 Member Update:
The Caloosahatchee had a voice in Washington, DC in September when we traveled to Capitol Hill with river advocates from around the country to push for greater protection of rivers and clean water. The trip, which was coordinated by American Rivers, gave us the opportunity to meet with our own delegation and a broader Florida leadership including the offices of Senators Bill Nelson and Mel Martinez, Representatives Ron Cline, Connie Mack and Tim Mahoney as well as John Anderson, the Director of the Water Resources and Environment subcommittee and the majority senior policy advisor to Barbara Boxer, Chairwoman of the Environment and Public Works subcommittee.
Our discussions focused on legislation to safeguard our rivers and tributaries by improving water quality and promoting healthy rivers in communities across the country. We requested their support of four important bills with impacts here in Florida: the Raw Sewage Overflow Community Right to Know Act, Clean Water Restoration Act, Wild and Scenic River Legislation, and their continued support of the Water Resources Development Act (WRDA).
Sewage Overflow Right-to-Know
The Sewage Overflow Community Right to Know Act, H.R. 2452 & S. 2080, is timely in our own backyard right now. Every year raw sewage spills into our rivers, lakes and coastal waters with no public notification required. In Florida sewage system owners and operators are only required to report overflows in excess of 1,000 gallons within 24 hours of an event. However, the State has no provision for notification of the public that a spill occurred. The Health Department does test the water off our beaches regularly but the beach is posted only when a water quality violation is found. This lack of public notification of raw sewage spills could endanger the health and safety of our fishing and swimming public. We have a right to know and we urge support of this bill. Every member of our delegation expressed support of this legislation; Representative Cline was a co-sponsor.
Letter to Senator Mel Martinez re Raw Sewage Right to Know Act, dated July 2, 2008
Clean Water Restoration Act
The Clean Water Restoration Act, H.R 2421 &S.1870 will restore critical Clean Water Act (CWA) protections to our waters, including wetlands and intermittent streams. This bill reasserts the original intent of the Clean Water Act to provide protection for our waters. These protections were changed by a recent Supreme Court case, Rapanos, that determined that non-navigable waters are not subject to the provisions of the CWA.
This bill deletes the term ‘navigable’ from the CWA to return protections to wetlands and intermittent water bodies -- in Florida, these dry down by design during our long dry season. The Rapanos decision is a direct threat to our many wetlands and intermittent streams, which are vital to protect and enhance drinking water, fishing, swimming and wildlife habitat.
We encouraged support of this critical change to the definitions but did not find broad support for this issue with our legislative delegation. Our Florida delegation needs to hear how important this issue is to our quality of life and natural systems.
Letter to Congressman Tim Mahoney about the Clean Water Restoration Act, dated July 7, 2008
Wild and Scenic Rivers designation
Another issue we advocated was an initiative to designate 40 new Wild and Scenic Rivers in the US. Only two rivers of the more than 1,700 rivers in Florida are designated as Wild and Scenic; the Loxahatchee and Wekiva. In our discussions with legislators, there were several potential candidates mentioned including Fisheating Creek, the Myakka River and Telegraph Creek. We urge support of these worthy candidates from southwest Florida.
Water Resources Development Act
We were lucky to be in Washington just as the Senate brought the Water Resources Development Act (WRDA) bill to the Senate floor for a vote. Sitting in the Senate gallery we had an opportunity to observe the Senate discussion of the WRDA bill. It passed the Senate 81 to 12. The President has threatened to veto the bill. We are urging Congress to support an override, which could well be successful since 90% of Congress voted for the bill.
WRDA funds the Federal cost share of the Comprehensive Everglades Restoration Plan (CERP) in Florida as well as water projects in other states. The bill is designed to pass every two years but the last one was passed in 2000.
2011
Click here for more info on the budget and the 2011 state legislative session.
2010 Legislative Session
Fertilizer Pre-emption
Fertilizer pre-emption is again a threat.
E-mail to Senators Aronberg, Bennett and Richter opposing SB382 and Senator Dean's amendment, sent April 28, 2010.
E-mail to Senator Bennett, member of the Senate Health Regulation Committee, to vote no on SB 382, sent April 19, 2010
Department of Consumer Affairs
SCCF joined other organizations in signing a letter to House Speaker Larry Cretul in support of the reauthorization of DCA, April 26, 2010.
Urgent action is needed to help preserve DCA, the Department of Consumer Affairs. See our Action Alerts page under Policy Issues. Here's what some of the state's leading newspapers are saying:
Tampa Tribune, Playing games with DCA: http://www2.tbo.com/content/2010/apr/23/na-playing-games-with-dca/
Miami Herald, Another dirty trick
Palm Beach Post, Old habits, bad habits: In Tallahassee, a late push to gut growth controls
Gainesville Sun, Saving the DCA
Ocala Star-Banner, Cretul and the case for DCA
Lakeland Ledger, Florida growth management: Deliver DCA from limbo
St. Petersburg Times op ed by 1000 Friends President Charles Pattison, DCA needed more than ever to ensure sensible growth,
2009 Legislative Session
There are several issues that SCCF is following closely in the current session, bills that would: undermine the financing of the U.S. Sugar purchase; gut Florida's growth management agency; streamline wetland permitting; and a new round of fertilizer bills. Learn more.
April 23, 2008 - HB
7143 comes up on the Florida House floor today and Amendment No. 024305
has been added. This amendment would undermine the decision made last
year by the SFWMD Governing Board to disallow backpumping into the Lake. For more on Backpumping...
Letter to House leaders sent April 23, 2008
Community Budget Initiatives
Letter to members of the Senate Environmental Preservation and Conservation re funding, dated April 25, 2008
Letter to local House and Senate legislators re funding, dated April 25, 2008
Department of Community Affairs (DCA) Issues
March 2009 -- See 2009 Legislative Session above for updates on the status of the House Proposed Committee Bill to cut DCA.
March 2008 Member Update:
DCA is proposing several initiatives for the 2008 legislative session that we will be tracking including Everglades protection, coastal management and citizens planning bill of rights.
Fertilizer
The Clean Water Network of Florida has prepared a report: "The Gulf of Mexico, Florida's Toilet: How Sewage Discharges are Fouling Florida's Gulf of Mexico Tributaries, Estuaries & Coastal Waters"
Read the Report
See Florida stats by county
Florida Consumer Fertilizer Task Force Final Report to the 2008 Florida Legislature - Jan. 15, 2008
A Statewide Consumer Fertilizer Task Force has been working to modify fertilizer formulations and application guidelines for use statewide. We have been working to strengthen the regulations to make them more protective of water quality and free of pre-emption language.
Letter to Senate Environmental Preservation and Conservation Committee, dated April 14, 2008
Letter to Senate Environmental Preservation and Conservation Committee, dated April 3, 2008
Letter to Senate Environmental Preservation and Conservation Committee, dated April 2, 2008
Letter from Rep. Bryan Nelson to Rep. Lopez-Cantera about the fertilizer bill, dated March 18, 2008
December 2007 Member Update:
We are also engaged in making recommendations to the Consumer Fertilizer Taskforce on revisions to the Statewide Fertilizer Rule which is being fast-tracked for presentation to the legislature in January 2008. Many of the issues are the same as those identified above for our local ordinance, but a meaningful Statewide rule would provide a uniform guideline for formulation of fertilizer, training/certification of professionals and educational programs for the public.
Florida Forever
Letter to House Speaker Marco Rubio supporting funding, dated April 7, 2008
Healthy Beaches – Wastewater Management
Reprinted courtesy of the Island Reporter, from the May 1, 2008 issue:
Denham’s HB 1503 approved by Florida’s House
Special to the REPORTER
Good government legislation that would require the Department of Environmental Protection (DEP) to determine whether sewage spills lead to beach closings was approved by the Florida House of Representatives on Monday. The vote was unanimous.
House Bill (HB) 1503, brought forward by Sanibel Mayor Mick Denham and sponsored in the House by Representative Gary Aubuchon (R-Cape Coral), requires the DEP to investigate wastewater treatment facilities within a one-mile radius of any beach affected by a health advisory issued by the Department of Health that prohibits swimming.
Upon completion of its investigation, DEP is required to notify the relevant local government whether a wastewater treatment facility experienced an incident which may have contributed to the contamination and the resulting health advisory.
“Today, when your local beach is closed because of contaminated waters, the state’s involvement essentially begins and ends with posting a sign that says ‘no swimming,’” said Aubuchon. “In Southwest Florida, our tourism economy is dependent on keeping our beaches clean and open. It seemed to me that it would make much more sense for responsible state agencies to dig deeper and not just close the beach, but find out who is responsible for the beach being closed. This bill basically helps us address a problem by investigating the root of the problem.”
HB 1503 now goes before the Florida Senate for consideration. Senator Mike Bennett (R-21) is the sponsor of the identical Senate bill, SB 1634. If approved by the upper chamber and signed by Governor Charlie Crist, HB 1503 would become effective July 1, 2008.
Follow the link below for the story on the Island Reporter website:
http://island-reporter.com/news/articles.asp?articleID=4482
Legislation Filed in 2009
Here is a list of bills already filed that pertain to environmental topics or might be amended to include such issues:
- S110 GENERAL BILL by Bullard. Community Redevelopment/Blighted Areas; Expands the definition of the
- term "blighted area" to include land previously used as a military facility. EFFECTIVE DATE: 07/01/2009. 12/02/08 SENATE Filed
- S114 GENERAL BILL by Justice. Contaminated Property/Notification; Requires the Department of Environmental Protection to provide notice to certain property owners within a 1-mile radius of contaminated property. EFFECTIVE DATE: 07/01/2009.
- 12/02/08 SENATE Filed
- S118 GENERAL BILL by Constantine. Wekiva Onsite Sewage Treatment and Disposal; Creates the Wekiva Onsite Sewage Treatment and Disposal System Compliance Grant Program in the Department of Health. Authorizes low-income property owners in certain areas of the Wekiva basin to apply for grants to improve onsite sewage treatment and disposal systems. Requires the grant to be a rebate of costs incurred. Requires continued evaluation of nitrogen levels due to onsite sewage treatment and disposal systems, etc. EFFECTIVE DATE: Upon becoming law. 12/02/08 SENATE Filed
- S124 GENERAL BILL by Constantine. Lake Jesup Restoration; Requires the DEP, the St. Johns River WMD, the FWCC, and the City of Sanford to develop a plan concerning the progress of the FWCC's project to restore aquatic habitats in Lake Jesup.
- Provides that the acquisition of a site to dispose of muck from the project is a conservation and restoration acquisition under the Florida Forever program. Encourages state agencies to help fund the removal of muck from Lake Jesup, etc. EFFECTIVE DATE: 07/01/2009. 12/02/08 SENATE Filed
- S148 GENERAL BILL by Aronberg. Mangrove Protection; Expands the penalty previously applicable to violations involving mangrove trimming or alteration to apply to any violation under the Mangrove Trimming and Preservation Act. Provides that the act does not authorize trimming on uninhabited islands or lands that are publicly owned or set aside for conservation or mitigation except under specified circumstances, etc. EFFECTIVE DATE: 07/01/2009. 12/03/08 SENATE Filed
- S222 GENERAL BILL by Wilson. Miccosukee Tribe of Indians of Florida; Specifies that the state's jurisdiction over criminal offenses committed within Indian reservations and over civil causes of action arising on reservations between Indians or other persons or to which Indians or other persons are parties does not apply to Indian reservations of the Miccosukee Tribe of ndians of Florida, etc. EFFECTIVE DATE: Upon becoming law. 12/03/08 SENATE Filed
- S274 GENERAL BILL by Constantine. Florida Springs Protection Act; Requires the DEP to delineate the springsheds of pecified springs. Requires the DEP to adopt spring protection zones by secretarial order and to adopt total maximum daily
- loads and basin management action plans for spring systems. Provides effluent requirements for domestic wastewater treatment facilities. Requires certain local governments to adopt a springs protection element as one of the required elements of the comprehensive plan, etc. EFFECTIVE DATE: 07/01/2009. 12/03/08 SENATE Filed
Pollutant Credit Trading
We are watching this legislative
session for proposals from both DEP and industry regarding this
“mitigation banking” proposal for pollution. Seen as a way to more
“efficiently” reach water quality goals similar to trading CO2 or Green
credits, we want to be assured that real water quality is achieved and
not moved around shell-game fashion.
Stormwater
A statewide rule to require longer retention and better treatment of water that washes off the landscape before it flows into surface waters. We will be tracking the development and working to seek the strongest protections from the number one pollutant source in Florida, stormwater. We are watching this legislative session for bills that may address stormwater regulation.
Wetlands Pre-emption Legislation
Letter to Senator Dave Aronberg re Senate Bill 1376, dated April 21, 2008
Caloosahatchee Watershed Working Group
Learn more
Fertilizer
Cape Coral passed a fertilizer ordinance on November 30, 2010. This is a good step forward. The ordinance is enforceable and include fines for non-compliance. This process was kicked off three years ago with the establishment of the Lower West Coast Watershed Subcommittee, chaired by Sanibel City Councilman Mick Denham. The LWCWS established a series of local initiatives to improve water quality on a local level, including fertilizer, and they continue to work on stormwater treatment and other water quality initiatives. SCCF has been working on the subcommittee from the beginning and helped develop five areas that the subcommittee is focusing on.
Click here for story in the News-Press, 12/1/10
Lee County Fertilizer Ordinance
Lee County Begins Fertilizer Ordinance Training
The Lee County Landscape and Fertilizer Best Management Practices Ordinance (Ord 08-08), approved by Lee County Board of County Commissioners last year, will become effective May 13, 2009. It requires professional landscapers to be trained in the Florida Green Industries Best Management Practices for the Protection of Water Resources and recommends homeowner education through Florida Yards and Neighborhoods.
The Lee County IFAS Extension Services is providing education for landscape professionals and residents. The Division of Natural Resources is the lead agency registering and regulating the professional community. Lee County is sending out postcard notices regarding this process to all professional landscape service providers including property management companies this month. Please watch for this in the mail.
Lee County’s National Pollution Discharge Elimination System (NPDES) storm water inspectors and well construction inspectors are cross-training to enforce this ordinance. The Lee County staff training course is open to all staff members interested in the new fertilizer ordinance. To register for Lee staff training on March 17, 2009, contact Stephen Brown at the Lee County IFAS Extension Office at 239-533-7513, brownsh@leegov.com.
For more information about this new program, go to:
http://www3.leegov.com/naturalresources/WaterQuality/Autopage_T44_R1.htm
BOCC Public Hearing on May 13
The next public hearing for the fertilizer ordinance before the Lee County Commission is scheduled for 5 p.m., Tuesday, May 13 in the Lee County Courthouse in Fort Myers.
Letter to Lee County Board of County Commissioners dated May 12, 2008
January 2008 Member Update:
On December 4 the Lee County Commission heard our concerns and those of other community stakeholders and voted to direct staff to develop a stronger fertilizer ordinance. SCCF has been involved with and supportive of Mayor Denham’s fertilizer initiative through the Regional Planning Council's watershed subcommittee. Together we advocated for a stronger ordinance, including: adjusting the scope to include homeowners; adding the month of June to the rainy season blackout; establishing nitrogen formula limits and application rates and fertilizer-free buffer zones from wetlands and water bodies. You can view our letter and the draft of the ordinance on our website, www.sccf.org. A revised ordinance will come back for review and public comment in the next few months.
December 2007 Member Update:
When it comes to water quality, it is what we do on land that determines the quality of our water. In an effort to address sources of pollution, Sanibel Mayor Mick Denham, as chair of a Regional Planning Council subcommittee, has identified four initiatives for improving water quality throughout the region. Fertilizer use, wastewater discharges, regional water drainage and stormwater runoff will be addressed through development of resolutions presented to the members of the Council for adoption in their communities.
Fertilizer use was the first initiative to be introduced to the Council and has resulted in several communities adopting local ordinances. Sanibel was the first municipality to pass a fertilizer ordinance designed to reduce the phosphorus and nitrogen content in fertilizer, require the use of slow release formulas, provide for rainy season blackout periods and fertilizer-free buffers from the edge of wetlands and waterbodies. Sarasota County has passed an ordinance and Lee County is in the review and public comment period for their ordinance.
We applaud Lee County for committing to the development of a fertilizer ordinance but are asking them to consider a stronger ordinance than has been drafted. Specifically, the Lee County ordinance has been drafted to apply only to landscape professionals and would not apply to homeowners. This limited focus leaves out the largest segment of the population using fertilizers and undermines our opportunity to educate the public about the affect of fertilizer runoff on water. We encourage you to share your comments in support of a strong ordinance with the Commissioners. We have posted our letter and technical recommendations on our website, www.sccf.org. We suggest:
- Include all fertilizer applicators in the ordinance, both professional and homeowner;
- Expand the restricted rainy season blackout for application of fertilizer to include June. Average rain fall in June is 27% of the rainy season total;
- Adopt the state Fertilizer Rule limitation of 0.25 pounds of phosphorus per 1000 sf/application and 0.50 pounds per 1000 sf/year;
- Require that fertilizer contain no less than 50% slow release nitrogen;
- Establish a 25-foot fertilizer-free buffer zone adjacent to wetlands and waterbodies to follow the requirements in State wetland permits;
- Strongly encourage a six-foot low maintenance zone adjacent to wetlands and waterbodies;
- Provide for public information and retail signage.
A resolution to address wastewater treatment and package plant discharges is currently under development to encourage the reduction and elimination of surface water discharges of treated wastewater. Nowhere is this issue more current than on Sanibel, where high levels of enterococcus caused recent beach closures. Throughout Lee County and the region this is an important issue for public health and safety as well as nutrient loading of our rivers and coastal waters.
In coming months, resolutions will be drafted to address the remaining two initiatives.
Lee County Fertilizer Ordinance draft
Letter to Lee BOCC re the Fertilizer Ordinance, dated Nov. 30, 2007
Charlotte County Fertilizer Ordinance