The Final Week Begins and the Budget Stalemate Remains
As the eight week of the 2015 Legislative Session ended late last Friday, and week nine, the final regularly scheduled week of the session begins on Monday, three things are abundantly clear. First, the legislature will not pass a budget by the May 1st, the last day of the regular session. Second, the legislature will either extend the current session or, three they will come back for a special session and pass a budget by the end of the state’s fiscal year, which ends on June 30th.
Over the past couple of weeks it was stated by both Houses that the $500 million in tax cuts were in, then they were out, and now they are back in. Offers by Senate and House Leadership have been put on the table and soundly rejected. The Governor has threatened to sue the federal government over Medicaid expansion and the Low Income Pool (LIP) funding being tied together and there have been incentives and threats, and the latest….. last Thursday, the House sent a budget offer to the Senate in an apparent effort to jump-start budgetnegotiationsto reach an agreement on a spending plan for the new fiscal year that begins July 1st. The offer marked an unexpected step forward in what has become a protracted and difficult battle over health-care funding with both sides unwilling to compromise.
The House offer would add $200 million from the state to the Medicaid program, which would bring in another $305 million of federal funding. That could offset reductions in the Low Income Pool (LIP) program that helps hospitals and health clinics care for uninsured and indigent patients. Their hope is that this proposal will entice the Senate to agree to start budget negotiations on Monday. The Senate has signaled that it is open to hearing out the House as session enters its final week. The Governor stepped into the legislative fray over health-care funding Tuesday, proposing an idea for moving forward on the state budget and holding Health Care inabeyancefor several months, but that was quickly dismissed by the Senate.
Senate President Andy Gardiner, R-Orlando, suggested that the Legislature might at least technically remain in session—though lawmakers could take a break—a maneuver that would prevent the Governor from calling a special session before the fiscal year runs out. Although both chambers agree that they will not be able to complete a balanced budget by the May 1 scheduled end of session, the House offer makes it clear that members are hoping to work things out sooner rather than later.
Statusof Bills:
HB 653/SB 714 -Environmental Control:Prohibits water management districts from modifying consumptive use permit allocations if actual water use is less than permitted water use due to water conservation measures; requires water management districts to adopt rules providing water conservation incentives; revises eligibility requirements for taking the water well contractor licensure examination; requires water management districts to promote expanded cost share criteria for additional conservation practices; authorizes use of land set-asides & land use modifications, including constructed wetlands or other water quality improvement projects, in water quality credit trading; provides applicability of prohibited variances concerning discharges of waste into waters of the state & hazardous waste management; establishes solid waste landfill closure account within Solid Waste Management Trust Fund to provide funding for closing & long-term care of solid waste facilities; authorizes DEP to contract with third party for closing & long-term care under certain conditions. House leadership through the bill sponsor Rep.CareyPigman (R-Lake Wales)amendedHB 7023 (Water Policy) onto HB 653 and passed it out on Friday.The Senatebill passed unanimously out of the Appropriations Committee last week and is on the Special Order Calendar for this week.
HB 841/SB 1302 -Contaminated Sites:Requires DEP to include protocols for use of long-term natural attenuation where site conditions warrant; requires specified interactive effects of contaminants to be considered as cleanup criteria; revises how cleanup target levels are applied where surface waters are exposed to contaminated groundwater; authorizes use of relevant data & information when assessing cleanup target levels; provides that institutional controls are not required under certain circumstances if using alternative cleanup target levels. HB 841 remains on the House calendar on 2nd reading for the third consecutive week, whilethe Senate billpassed unanimously out of the fullAppropriationsCommittee on Wednesday and is on the Special Order Calendar today.My amendment that would add PG's to the Chapter 287 F.S. (CCNA) is still in play but depending on what the Senate does with SB 1302, and the timeframe with respect to bouncing the bills back and forth between the two Chambers, will make it difficult to get on HB 841. If it does not work, I have a commitment from the FES lobbyists to work with us next session (which starts January 5, 2015) to submit a bill to make the changes to 287.055.
HB 7003 - Water Resources:Revises provisions relating to water resource development; establishment & implementation of minimum flows & levels & total maximum daily loads; Central Florida Water Initiative; projects of South Florida Water Management District; preferred water supply sources; consumptive use permit applications; improvements on private agricultural lands; Northern Everglades & Estuaries Protection Program; power & duties of water management districts with regard to water production & water resource & supply development; regional water supply planning; springs & aquifer protection; surface water classification; & potable water supply.Amended on to HB 653 and passed 110-6 out of the House on Friday.
SB 918 - Environmental Resources:Environmental Resources:Requiring the Department of Environmental Protection to publish, update, and maintain a database of conservation lands; creating the Florida Shared-UseNon-motorizedTrail Network; requiring a project constructed as part of the network to be included in the Department of Transportation’s work program; requiring certain information to be included in the consolidated annual report for each project related to water quality or water quantity; creating part VIII of ch. 373, F.S., entitled the “Florida Springs and Aquifer Protection Act”, etc.Last week, the Senate Environmental Preservation committee amended significant portions of HB 7003, included it within the Senate bill, SB 918 by Sen. Charlie Dean (R-Inverness), and passed the final product out of committee unanimously. SB 918 passed unanimously out of the Appropriations Committee last week and is on the Senate Special Order Calendar this Wednesday.
SB 314/HB 733 Petroleum Restoration Program:Expands definition of "abandoned petroleum storage system" to include petroleum systems that stored petroleum products during certain timeframe; requires DEP to establish standards & criteria for specific situations in which the national standard for benzene applies; revises eligibility requirements for receiving rehabilitation funding assistance; revises number of sites necessary to meet eligibility requirements for advanced cleanup application; increases total amount for which DEP may contract for advanced cleanup work in fiscal year. This is the bill that would eliminate the "My Florida Market Place" contract approval process and return the contracting for tank cleanup process to a more streamlined work plan. TheSenate bill was placed on the Special Order Calendar forTuesdayand the House bill passed unanimously (116-0) out of the House last Tuesday and is now in Senate Messages.
SB 1468/HB 1205 Regulation of Oil And Gas Resources (Fracking)
Revises DEP rulemaking authority; requires permits be obtained before performance of any high pressure well stimulation; requires Division of Resource Management to consider certain additional criteria when issuing permits; authorizes DEP to issue permits for performance of high pressure well stimulation; prohibits counties, municipalities, or other political subdivisions of state from adopting or establishing permitting programs for certain oil & gas activities; requires DEP to conduct study & submit report to Governor & Legislature; requires applicants & operators to provide certain surety; increases the maximum amount for civil penalties; requires DEP to designate national chemical registry as the state's registry & adopt rules; requires service providers, vendors, & well owners or operators to report certain information to registry; provides appropriation.
SB 1468 passed out of the full Appropriations Committee last week and is on the Special Order Calendar for Tuesday, and the House bill HB 1205 will be on third reading in the House on Tuesday.
Philip L. Leary, AICP
Principal, Leary Governmental Affairs