Environment and Natural Resources — Closed Captions

>> Good afternoon, everyone. The committee on Environment and Natural Resources will now come to order. Kim, please call the roll Chair Rodriguez here last year, Mayfield. >> Senator, Arrington here. Senator Obama, Senator DiCeglie here, Senator Harrell Senator Polsky Senator Smith Quorum present. Madam Chair, thank you. Please stand for the Pledge of Allegiance led by vice chairman. >>[PLEDGE OF ALLEGIANCE] >> Please silence all electronic devices. Anyone wishing to speak before the committee should complete an appearance form and hand it to a member of the sergeants office. Should you select to waive your speaking time? Your position will be included in the committee meeting records. We're going to go ahead and start our meeting today with Senator Garcia and that is tab number 3. And that's in the Senate bill 1422. On surface waters by Senator Garcia. You're recognized to explain your Bill. Thank you, Chair Rodriguez and we do have a strike. All amendment. Can we take up the amendment? Yes, we will go ahead and take up bar code 3, 1, 6, 0, 1, 8, You are recognized to explain the amendment. >> Thank you, chair and committee members. Thank you for allowing me to present amendment 3, 1, 6, 0, 1, aide to Senate Bill 14 to 2 a strike call regarding coral reef protection. The value of it. It's our coral reefs. Florida's coral reefs are invaluable. They provide critical habitat for marine life, enhance water quality, attract tourism and service natural barriers again, storms and flooding. They also help with disaster mitigation. Healthy coral reefs played a crucial, crucial part in mitigating damage from natural disasters like floods, hurricanes and rising sea levels by increasing structural integrity and complexity within our reef systems. Also, the purpose of the amendment is to designate coral reefs is critical natural infrastructure and highlights them as net nature-based solution for addressing climate related risks. Recognizing corals as a natural infrastructure will for to facilitate access to federal funding for restoration projects. Also, FEMA will participate in there and in a very a central role. The Amendment emphasizes the Federal Emergency Management Agency as central role in disaster response providing crucial technical and financial support for hazard mitigation as evidence by successful initiatives in Puerto Rico. In also Hawaii public Interest declaration. The bill asserts that protecting corals and associated habitats in Broward Martin, Miami-Dade Monroe and Palm Beach counties is in the best public interest. This clarification will streamline permitting processes related to call protections ensuring timely and efficient restoration efforts. In conclusion, the summary, the amendment strengthens our commitment to coral reef protection and disaster resilience in Florida. And that is the amendment in the bill. >> Thank you. Are there any questions on the amendment? Yes, Senator Harrell, you're recognized to ask questions. >> Thank you very much. And thank you. I just had a chance to read the amendment now with you. And it deletes the section on dredging and filling sneaker months that the drifting into the team monitoring be performed by separate a distinct entities and directs DP to adopt rules to implement that. Totally delete set. Thank you. Thank you. >> You may have your around us. We close with close. Okay. Are there any appearance forms for the amendment seeing none. Is there any debate on the amendment? Senator Garcia, you're recognized to closing on him from the amendment. Waive close all in favor of the amendment say yea, yea, all opposed say Nay. The amendment is adopted back on the bill as amended. Are there any questions on the bill as amended? Are there any appearance forms for the bill? We have one from Elizabeth Alvi. You are waiving in support from Audubon Florida. Thank you so much for being here. Miss all the is there any debate on the bill as amended can Senator Garcia you're recognized to close on the bill as amended? >> Thank you, senators. This has been a work in progress by our advocates down in the Miami-Dade County Area. Miami Water Keeper. Thank you so much for all the work that you do and many thanks to all of you for helping with this wonderful cause, which is protecting our coastal lines. And with that, I close. >> Thank you, Kim. Please call the Roll on CS for SB 1422. Senator Arrington. Yes, Senator Avila. Yes, senator deciglie senator Harrell. Yes, senator polsky. Yes. Senator Smith. Yes. Vice chair Mayfield chair Rodriguez. Yes, by your Vote CS for SB 1422. Is reported favorably. Thank you. I think next we're going to I'm going to pass the gavel or one 0nd here. >> Okay. We're going to go ahead and take up tab number 5, spb 70, 34 by the Environment and Natural Resources Committee relating to ratification of rules of the Department of Environmental Protection. And I yield the chair to Vice Chair Mayfield. >> Thank you. Madam Chair, you're recognized to explain the proposed Bill. >> Thank you. The purpose of the adopt a rule is to replace a previously adopted FL U.S. for the AL Assaf IR and associated Implementation strategy that regulate water users in both the Suwannee River and Saint John River Water Management District of and that is the bill great. Are there any questions on the proposed Bill? Senator Smith. >> Thank you, Madam Chair. Thank you, Senator Rodriguez for bringing the bill forward. I'm curious, what does your bill do too address? Some of the consumptive uses of water that have been draining some of these rivers and allows entities to sometimes cause. Well, the damage that that we're seeing that needs to be restored. >> You guys, thank you, vice-chair Mayfield and thank you, Senator Smith for for that question. If we don't ratify this now, the department's 2015 adopted a month on recovery strategy remains in place under the 2015 rule permits are limited to 5 year durations on this office that are provided. And the new rule eliminates that limitation for all water users and users would be eligible for 20 year or longer permits which for utilities can result in lower interest rates on borrowed funds. >> Thank you for the response. Senator Rodriguez, I understand the consequences of inaction, but more specifically. I think what I'm hearing from your answer is that we are we are not limiting any of the current consumptive uses of this water in this proposal. Is that correct? >> You're recognized. No, no. Thank you, Madam. Vice chair. No, that is not correct. The proposed rule relies on conservation practices monitoring an office. It's to protect the continued health and ecological value of the lower Santa Fe and it can compete. Rivers and Priority Springs. >> Thank you. Yes, thank you. Thank you. Madam Chair. I want to ask about I'm going to read through some of this tax and a minute and I might circle back, but I do want to ask about the funding. What is the what is the funding source for this project? You're recognized. Senator our Chairman Rodriguez is this is it. >> Thank. Thank you, Madam Vice chair, some of the costs will fall on grants, but basically that's that's if the U.S. for mission for follow-up. >> Yeah. Thank you can go back and forth. Thank you. Thank you. Chair Mayfield is there is any chance I just most concerned when taxpayers are on the hook for something potentially. Is this something that is going to be funded by taxpayers and you mentioned something about grandson of those are federal grants are maybe if you could elaborate on that just a little bit more, please. >> This is from the city to make sure. >> Thank you the what the funding is going to come from the utilities. Okay. Any other questions seeing no other questions. Is there any appearance forms we have? Ryan Smart is speaking for information from the Florida Springs Council. >> Good afternoon. Thank you. Chair Rodriguez and committee members. I'm Ryan Smart with the Florida Springs Council. The Florida is your mic on just checking my good. Yeah, it's our Florida Springs Council has been working on the Santa Fe Mfl recovery strategy with the E P in the water management districts for more than 5 years. And while we're not here asking you to not ratified today, we are very, very disappointed with how the rule came out. So as you're preparing to vote on this in just 3 things that you really need to know if this project is going to be successful down the line one, the entire recovery of the Santa Fe in its talking. Rivers relies on the one project called the JTA Water First project. The pump 40 million gallons a day of treated wastewater from Jacksonville to the Santa Fe River. The the gold areas. If we charge that 40 million gallons a day, the numbers show that we can likely restore the Santa Fe both from the current harm that's occurring in the future harm. But there are so many unanswered questions with this project. We don't have the land. We don't know that it's going to work the way that it's supposed to. And most importantly, we don't have a funding source. And if you read the rule, there's nothing in the rule that requires the utilities to pay for this. And I guarantee you that if this project is going to be completed, its going to take significant state reserves. So as you approve this project, understand that if your true intent is to restore the Santa Fe, you're gonna have to allocate hundreds of millions of dollars to see this project completed. Secondly, the recovery strategy allows the Santa Fe and took the rivers to continue to decline. While we wait for that project to come online, these rivers have already been suffering significant ecological harm for more than a decade. And if this plan works perfectly, they will continue to be degraded for more than a decade more. That means there's people that live on the river, the bought properties there that will never see a restored Santa Fe River in their lifetimes. It didn't have to be that way. That was a policy choice. And I think by the description of the bill, we heard it. This is a Santa Fe recovery strategy. The purpose of this is to restore the Santa Fe in describing the bill. We heard about what it does for regulated industries, what it does for utilities. They are the reasons that we are in the situation where significant harm is happening. And 3rd, most disappointing in the 5 years that we've been working on this deep, his proposed much stronger versions of this rule versions that were more protective, more equitable and would have led to restoration in a shorter time period. We think that they should have taken the GA Water First project which we do support. We support the project. We need this project. But there are so many unanswered questions as we told the E P it's not just putting all your eggs in one basket. It's throwing all your eggs up in the air and hoping you can build a basket beneath them before they hit the ground. Thank you. >> Thank you, Mr. Smart, Rick. Nice. Nice in your speaking for information. >> Chair Rodriguez and other board members. Thanks for letting me speak today. My name is reckless. Nice. I live on the Santa Fe River and I'm also the president of our Santa Fe River Inc, which is a nonprofit established in 2007 to give the Santa Fe River a voice. And that's what we do to this day. I was at the meeting, July 25th and Live Oak when the proposed regulations were presented by Florida Department of Environmental Protection. And at that time I had written in after the meeting and said this is going to take 20 years. The one big project, the water first project is not a bad project. Assuming it can do what they say it's going to do. The problem is it's too far into the future. What are we going to do today? The river is has lost flow, considerable flow over the last 10 to 20 years and with the drought. Now I was I was looking at the river this morning. It's unbelievable. It probably will stop flowing before rainy season starts. This is because we keep issuing new permits for water withdrawals. There's no limitation on permits. We don't try to to preserve water and the state. We just keep pumping it and pumping and pumping it to have 40 million gallons a day pumped from Jacksonville area into our watershed would solve the flow problem. It's just that it's going to take too long if it ever comes to pass. And if it does what they say, it's going to do where we are very concerned about forever chemicals in that water. Hopefully the system can remove those. But the last thing we want is 40 million gallons a day coming into our watershed. That is not clean. That's another big concern for us. We do need to increase flows. We would prefer that increased flows were handled more expense expeditiously now through limited permits and limit and pumping. >> Thank thank you for being here next. We're going to hear from Jody. >> Really thank you, chair and committee members for listening to us today. My name is Joe DeVos, a decade of director of our Santa Fe River, a nonprofit community organization based in high springs. And similarly to what you've heard, there's a lot of problems with this proposal that it's the exclusive proposal and that it doesn't take into account the continued devolving of the river situation. The river supports not just the wildlife and the life of the river, but the community. And there it's a world-class destination for cave divers and recreation. So there's a lot at risk here. And it's just simply it's been devolving for years and is continuing to in this plan does not address that. In fact, it seems to kick the can down the road another 20 years where the NFL's feel short. There's another plan that is in my understanding planning to fall short as well. So we need real regulations and something that will effectively address the problem of low flow rates right now. >> Thank you, chair you for being here next. We'll hear from Mary Lynn, Mary Lee Jepsen. >> Good afternoon. Thank you for allowing me to speak to about the NFL's on the Santa Fe River. I am a riparian owner and about a quarter mile of riverfront have that had. I've had that property since at the end of 2002, I'm really concerned about what has happened with the Santa Fe River since the beginning of my residents hit there on the river. I've been participating in Mfl meeting since 2007 so long time to be participating in these meetings and seeing that we already had harm going on. Then when we were talking about fish passage is on the upper Santa Fe River. And now we're dealing with a lower Santa Fe River and had been, as you heard for in a more than 5 years to put a permit to have no years or 20 or more years, we would rather see as a resident there, a five-year permit limits and we'd rather see that IM implemented if it's necessary regarding how low the river is. Today. Years ago, we are fighting the battle permits and we fought for them and one in our community. By the way, the last one was a debacle and there's lots of reasons why. But as we go forward from there, that river is low and it should be pulled back and the mfl say that it could be pulled back and yet the water management district 20 does not. And there was a time when in 2012 they almost pulled back then because we had a drought that we have this major flood and the rivers never been the same since we know what I had before you today. And I'd like to end this into the chair if it's possible tonight, 5 fought all these water use issues and there's been so many I can't even listen today. I found out I had there's a paper said there's a paper from 1976. From this watery Suwannee River Water Management district staff discussing exportation of potable water from the water management district South. Very clearly they did not have the water then in 1976. And here we are. I just went to us one the other day in Qs. It went all the way down, drove all the way up on these roads. We in North Florida are not ready clearly for that. I grew up in Coral Springs. Can't even recognize it anymore. They have done all these projects that you guys are trying to get you guys that the state is trying to implement in our region, using wastewater and from JTA in particular and sending it to our water body. Our systems out there, we're community the communities. It barely even have grocery stores. Okay. And so you talk to Jay with all those humans using all that waste into their toilets, into their sinks, into their waste, water into their storm, water into their industrial water and then treating that in some ways pond that's going to move in polish all the water and then eminent domain in at least 4 pipelines to reach the Santa Fe River and then depositing that water into our basin that I'm going to have to drink. And then I'm gonna have to witness in the waterway. By the way, owner recreational tourism business, too. We get our livelihood from the rivers from one. 38 were very successful. 14 years. We've been open through COVID and everything has a little community, mom and pop shop, putting people, tourists, tourists on the water. I hope that you all understand what your mission is regarding these waterways in the center part of of North Florida. You all you have to do is look at a map to understand we are undeveloped for a reason. We are the water. We are your fresh water where they're fresh water. We are the fresh water for the Southeast United States and to put treated wastewater into our river is an abomination to the Santa Fe River that before so hard to protecting our community. Thank you. >> Thank you for being here. Marylee next. We'll hear from Chris Dawson with the Clay County Utility Authority wave in support. And we have Alex, a Cronin with the Florida Department Environmental Protect Protection. Alex is waiving in support and then we have she shows a heel she will hit. Think it's healed with JTA is waiving in support. Okay members. That's all of the appearance forms that we have. We are Senator Harrell moves that Spb 703. For be submitted as a committee bill. Is there any objections seeing no objections. Kim, please call the roll on Spb 70, 34. I think this. Can we just get debate? >> Does anyone want to debate Senator Smith? I didn't do it on purpose. You know, when I was reading that I was taught, I thought we did a poll response to debate on this and then thank you all have been close. >> And I wasn't sure if we were like in the right posture and, you know, certainly hope that debate is allowed on on a bill like this. Look, this is that this is not necessarily chair Rodriguez, this bill. This is a rule that's been adopted by by D D P. So I appreciate your indulgence and allowing me to to ask questions to just kind of dig a little deeper. Look, I know that this rule needs to be ratified so that we can restore water flow. And I don't I don't have any doubt that it we'll be ratified and that there will be the votes to ratify it. But I have to cast my vote in opposition because there needs to be somewhere in this process where I can register my opposition to the rule as written to reflect the opposition of the public for many for many reasons. You know, we see that in the rule that maybe the utilities are going to pay. But there's no requirement in here for the utilities to pay. Think those who have contributed 2 the issues that are happening with these waterways because of they're pumping of the water, they're permitted use of the water. There needs to be a way for them to pay. I fear that this is going to really be pushed on taxpayers. And when we need to have regulations in this role, which we can't change now, that that limit some of this pumping of this water, I'm worried that we're kicking the can down the road on trying to do better by our environment here. And so unfortunately have to cast my vote in opposition to this ratification 2 to register. Also my disappointment with how the DEP he has developed this role. Thank you. Okay. Members. Any other debate? >> Okay. Seeing none. Chairman Rodriguez, you are recognized to close on your. >> S P D thank you, vice-chair Mayfield and thank you, Senator Smith for your comments and questions. As you said, this is really not my bill. It is. It's a rule ratification. And but I just been told that since this can be amended or there can be some changes. I'm I'm open to listening to some suggestions and we can talk offline and see how we can make that happen. So thank you. >> Great. Thank you with a senator. Our Chairman Rodriguez closing, Senator Harrell moves that Spb 7, 0, 3, 4, be submitted as a committee bill. Is there any objection? Seeing? No Objection. Show the motion adopted Kim. Please call the roll on Spb 7, 0, 3, 4, Senator. Arrington. Yes. Senator Obama. >> Senator DiCeglie. Yes. Senator Harrell. Yes. Senator polsky. Yes. Senator Smith know Senator Rodriguez. Yes. Chair Mayfield. Yes by your vote. Spb 703, for is favorably reported as a committee bill and Chairman Rodriguez on will turn it back over to you. Thank you. Vice Chair Mayfield. >> We've been informed that Senator Massullo is almost here. So while we wait for him, we're going to take a a brief recess and wait for him to work. So we are in formal recess with that. We're going to take up tab number for SB 1510, on the Department of Environmental Protection by Senator Massullo. Welcome to the committee. Senator, us will. You are recognized to explain your Bill. Thank you, Madam Chair. Thank you. Committee. We have a beautiful state. >> Probably I'm biased, but I think probably the most beautiful state in our country. But we have a very fragile state environmentally because we're number one of our latitude. Number 2, because we're a peninsula surrounded by water. Our climate continues to change and where we might argue the reasons for those changes. The fact is it has changed and we can see that just by looking at the weather in the last few days, this particular bill is from the Department of Environmental Protection to make that agency a little bit more flaccid, a little bit more capable and a little bit more able to do the very things that we've cast them to do. Protect our environment, encourage investments in our state and allow our state to continue to grow in a way that is ecologically sensitive, environmentally conservative. This bill. There's also a strike call, Madam chair that I'd be happy to. >> Yes, seeing objection will grant to go ahead and take up the late filed Amendment bar code 7, 3, 2, 0, 9, to Senator Israel. You're recognized to explain the amendment very good. >> This strike all make several technical and grammatical changes to align the language with the intent of the bill. The amendment specifies that the outstanding Florida Springs B map. Mediation plans may require certain properties located within the B map area to upgrade existing conventional septic systems to nutrient reducing systems where central sewer is not available. This strike all also removes all provisions relating to bio solids because we have other bio solid legislation ongoing currently and we didn't want to get into the the mix of what's happening with the class. 2, A and Class B biosolids in this particular bill. It also removes the provisions of adjusting existing fees on on site sewage, treatment and disposal systems ecologically. This bill expands row eligibility for reducing cost share in the statewide resilience plan, which is one of the key features that I particularly like, because I believe we need to continue to make our state more resilient. There's Costa, those Rezaian changes and to be able to have world communities that do not have as much where with all with personnel and resources to be able to participate in those plans. I think it's something that is at a hallmark of this bill. It requires septic tank, permitting agencies provide notice of upcoming B map requirements to property owners so they can plan their investments and whether or not they're going to upgrade their systems. It adds a requirement to Basin management plans and any amendment to such shall become affected. 60 days after the date, the second chair orders filed regulatory Lee. It streamlines rectory framework surrounding operating permits of on-site sewage, treatment and disposal systems resulting in less regulatory Bowden's for the property owners. It repeals Environmental Regulatory Commission while removing unnecessary procedures from the EPA rule making this will make rulemaking a little bit more efficient and effective and allows processes to allow the department to update those standards. It adjusts the payment for title 5 air permitting fees resulting in an estimated every minute of administrative cost savings of $500,000 for the department while maintaining the current fee structure for the regulatory in industries. It preserves the spirit and legacy of the Florida community. Trust the FTC by consolidating the project's evaluations to the acquisition and Restored of Council Arc our Seas, the acronym, this will add 2 additional seats start focusing on engagement from local government. So by streamlining this land acquisition programs, it preserves the intent of the program and facilitates more conservation lands both owned by the state and by local governments. And that is the bill as amended. Thank you. Are there any questions on the amendment? Are there any appearance forms for the amendment? Is there any debate on the amendment? Senator Mitchell, you're recognize to close the women's all in favor of the amendment say yea. >> All opposed say Nay. The amendment is adopted back on the bill as amended. Are there any questions on the bill as amended Senator Smith and then we'll keep going in. Senator Smith. >> You're recognized. Thank you, Madam Chair. Thank you, Dr. Senator Massullo for bringing this forward as so trying to figure out what my titles are going to be for you because in the house it was also Dr Rep Massullo. Welcome to the Florida Senate questions. The map thing. So I am sorry that I didn't get a chance to like really go through line by line and the amendment because it was filed this morning. But I have questions about the 60 days out. What is the I guess? What's the rationale for delaying the implementation of the B maps and the amendments to the B maps to 60 days after? And how do you think that's going to impact like restoration of outstanding Florida Springs? You're recognized to go back and forth. Thank you, Madam Chair, and thank you, Senator Smith. And it's it's nice to call you, Senator coach, you rep for several years this year. No doctor. And that doctor about that, you know. >> That's not necessarily a great title all the time, but it's basically for the property owners. It's to give them time to adjust to whatever changes would be made. And it allows them to understand what new requirements will be required of them. Based on how those B maps look, particularly in in the more sensitive areas of Florida Springs, it doesn't necessarily change enforcement of the B maps. It just gives more time for people to make the adjustments that they need to make before they would be out of compliance. Thank you. Thank you, Sir. Harrell, you're recognized in questions. >> Thank you very much. And I want a little more detail on the land acquisition trust in the transfer. Are we eliminating the land acquisition trust and moving all the responsibilities for them? I know. Amendment one money came directly into the land acquisition trust and then is dispersed on Florida forever. And I know on comprehensive Everglades restoration. Do all those powers then transfer. If are we eliminating it and do the powers transfer to the arc and >> you can go back and yes, thank you. Madam Chair, eliminating is a is a hard word when you when you say eliminating the the connotation is we're getting rid of the function and that's not what we're doing. We're consolidating were consolidating to make the function more efficient. So the arc now, what they would do essentially is prioritize land, both for government as well as for the local governments, for state and local governments. So it facilitate, I believe, more conservation land by having a mechanism that is a little less burden son. Plus, we're expanding the individuals on that particular council so they could evaluate projects more effectively and perhaps more expedient Lee. >> You can go back and forth. Thank you very much. I know we have given certain responsibilities to the land acquisition trust in how money is directed, specifically for comprehensive Everglades restoration to all those requirements then passed to the arc since the trust no longer exists or what is, you know, are they still there? So if if you have to spend 25% of amendment one money wave Acklin, this is 2015, though, those responsibility still do they move with the transfer into park? >> My understanding of the language of the bill and I will double check that for you is in this consolidation. They will just absorb all those particular requirements. But I will double check that for you. Thank you. >> Are there any appearance forms for the bill, too? We have several. We're going to go ahead and start with Brian Smart representing the Florida Springs Council speaking against. >> Thank you. Chair Rodriguez again, Reince part Florida Springs Council. We are very concerned with the language that Senator Smith brought up a moment ago regarding the 60 day delay before Basin Management action plans go into effect. This delay will literally delay restoration of outstanding Florida springs of the Indian River Lagoon and of other impaired water bodies. What I'm really concerned about is when you look at the Basin Management action plans, the big change in the update has to do a septic tanks and where we can and cannot install septic tanks. What I'm afraid it's going to happen is going to create a 60 day window where conventional septic tanks that would otherwise be prohibited are gonna be able to go in the ground. But the other part of the plans requires those tanks to come out of the ground by 2038. So you could have a real situation where we're providing a window where developer can put a conventional septic, taking the ground and then the property owner and taxpayers within 10, 12 years are going to have to pay to take that subject, take back out of the ground and put in an upgraded system. That's bad environmental policy. It's bad economic policy. It's bad for homeowners and it's bad for taxpayers. The restoration of Florida Springs is already far behind schedule in. The last thing we need is more delay with the outstanding Florida Springs. B maps were adopted in 2018. We had 24 of 30 outstanding Florida Springs where impaired 8 years later, we have 26 of 30. So 2 more outstanding. Florida Springs have become impaired of the 24 that were originally impaired. 90 1% of them have gotten worse at a time when they should get much, much better when it comes to providing, you know, no one is surprised by Basin Management action plans. They are statutorily required to be updated at a set date that anyone can find in statute. The meetings to develop these go on for years and years. I attended a dozen workshops. Anyone who's interested are going to be affected by this process has tons of opportunities. Does a great job of this providing public comments providing workshops? You will know when these rules go into effect if they affect you. The 60 day delay just sets us back when it comes to restoring our most important Waters. Thank you. Thank you. The question for Ryan. >> Senator Smith, you're recognized. Thank you, Madam Chair. Thank you, Mr. Smart help educate me because the Basin Management action plans are not my area of expertise. How often are the Basin management action plans usually adopted because I know that many were adopted in June of last year. So the concern to have our I think, perspective concerns for the adoption of future B map says that if you can just kind of shut some daylight, there should be updated every 5 years. >> If they need to be updated, the spring ones were 2 years behind. So that should have been updated in 2023. But to some changes to statute, they were updated in 2025, but there is a five-year trigger, at least for the Springs B maps when they have to be re-evaluated. Thank you, Mr. Smart. Thank you. >> All right. Next we have Alex Kronon representing the Florida Department of Environmental Protection waiving in support. Thank you for being here. And next we have Roxanne Gruver waiving in support. Thank you for being here. Are there and he is there any debate on the bill as amended debate? Okay. Senator Massullo you're recognized to close on the bill as amended. Thank you, Madam Chair. >> I think the department has done a stellar job of trying to continue to monitor and conserve our state nutrient load is certainly something that this stream Lee important. And if we could wave a magic one, everybody would have sewer and water. But we can't do that in time. Hopefully we will be able to but we need to incrementally do things to do too important roles, help our citizens and protect our environment. This bill is a balance of both. It's not perfect but no legislation is I don't believe those 60 days are going to cause that much impact on the environment. Studies have shown from the department that they're able to implement these particular B maps, which they're looking at by annually, by the way now. And they'll do that on a rolling basis also to keep areas. So the cost of upgrading he's reduced. So the very thing that the gentleman was afraid of doesn't happen because they are announced. And I don't think that people would would attempt to put the cost on the property owner, particularly have duplicate system that where you would put a less effective system in that it would need to be torn out within the 2 month period. I ask you for your favorable support and like anything, I'm more than willing to continue the massage this legislation as we move forward. >> Thank you, Kim. Please call the Roll on CS for SB 15 time. Senator Arrington. Yes, Senator Avila, Senator Diciglie Senator Harrell senator polsky. Yes, senator Smith. Yes. Vice chair Mayfield chair Rodriguez. Yes, by your Vote CS for SB 1510, is reported favorably. Thank you. We're going to go now to tab number 2, SP 11 96 on waste facilities by Senator Sharif. Senator Sharif, you are recognized to explain your Bill. Thank you, Madam Chair. >> Can you hear me? Ok? Thank you, Madam Chair. Good afternoon. Members of the committee. >> Sb 1196, is a narrow targeted sitting bill focused on protecting Florida's most critical water management infrastructure has filed. The bill contains to express exemptions to which the prohibitions would not apply one canals and to existing any ash producing incinerator or wt facility are any future modification of such existing incinerator and wt facility. The bill prohibits permitting new ash producing incinerators or waste to energy per facilities when their proposed within 2 miles of a large federally authorized water impoundment area. These empowerment to not vacant land, they are essentially systems used to store moving, protect fresh water for everglades restoration, but mitigation, groundwater, recharge and public water supply placing a high emission facility near the system's creates an unnecessary risk to water quality. Airborne pollutants can travel from Stack's into surface waters and wetlands to rainfall in debt and the deposition. The bill is carefully limited in scope. It applies only to new facilities. It does not affect existing incinerators or waste to energy plants and it does not apply to canals. I want to note that this bill has been the subject of an extensive stakeholder discussion. We've met with everyone who is probably going to waive and up opposition to this bill today and since falling it. We've met with local governments, industry representatives and other interested stakeholders to listen to their concerns and to understand how this policy could impact them. The outreach has included conversations with Miami-Dade County Representatives just McCarty as well as cove and 10 other industry stakeholders. Those discussions have been productive and I remain committed to working collaboratively on amendment language where appropriate to address concerns while preserving the court purpose of the bill. I also want to emphasize that waste management technology continues to evolve. There are new and emerging waste facility technologies kick that can better address environmental and public health concerns. And this bill does not foreclose in innovation in that space. The bill is about protecting clean water, protecting the into Everglades and protecting taxpayers are respectfully ask for your consideration. And Madam Chair, I also have an amendment this bill. >> Thank you. We're going to go ahead and take up amendment barcode. Set 3, 7, 0, 1, 6, 6, Senator Sharif, you're recognized to explain the amendment. >> Thank you, Madam Chair. The amendment adds a 3rd express exemption and limitation to which the prohibitions would not apply any ash producing incinerator or waste energy facility in a county with a population less than 1.7 million per the most recent decennial census. The currently at current currently effectively limits application of the legislation to parcel is in Miami, Dade County and Broward County. The legislation applies at both the state and local permitting level. So the protections are not bypass chair that statement. Thank you. Are there any questions on the amendment? Senator DiCeglie, you're recognized to ask questions. >> Thank you. Madam Chair of the approximately 8 waste to energy facilities in the state. This amendment is now, you know, discussing certain population and and below how many waste energy plants this amendment impact. >> To you can go back and forth but okay to can you which to send aid in Broward. Okay. Thank you. Thank you. Are there any appearance forms for the amendment? Okay. Is there any debate on the amendment? Senator Sharif, you're recognized to close on the amendment. Waive close. Madam Chair all in favor of the amendment say yea. >> All opposed say Nay. The amendment is adopted back on the bill as amended. Are there any questions on the bill as amended? Can there any appearance forms for the bill? We have several. We're going to start off with Mayor Wayne Messam from the city of Miramar. Speaking for the bill. You're recognized, may us. >> There we go. Good afternoon. Madam Chair, distinguished senators on the committee. I would like to publicly thank our very own state Senator Dr Barber Sharifa for sponsoring this very important legislation. I stand in support of this bill as amended, you know, as the mayor of Miramar and municipality's across this state who are seeking responsible guidance on smart preemptions as relates to resource recovery and ways facilities to protect our communities to protect our natural resources. This bill is a common sense Bill. As our state senator stated, it does not impact existing facilities and their entitlements. It simply protects communities and protects them the significant financial investments by the federal government and even the state as relates to Everglades restoration, you have millions of Floridians who would pose a significant risk from the FAA's very toxic har harsh chemicals that are emitted from these types of facilities while preserving the ability for minutes, apologies to responsibly treat their ways in their respective communities. So on behalf of the city of Miramar and other similar communities that would be impacted without such a common sense bills. We respectfully ask that you support this Bill. Thank you so much. >> Thank U next. We have Joe Kilsheimer wait. Florida waste to Energy Coalition speaking against you are recognized. >> Good afternoon, chair and senators. Thank you for the opportunity to speak. My name is Joe Cool. Summer and I serve as executive director of the Florida Waste Energy Coalition. The Coalition is made up of all the local governments in Florida that used waste energy is their principal means the solid waste disposal. I represent the solid waste directors of Palm Beach, Miami-Dade Lee, Hillsborough Pasco, Pinellas counties as well as the city of Tampa. Together, our members and the locations they were. They represent account for nearly 40% of the state's population and economic help. We oppose SB 1196, for one central reason. It will tie the hands of local leaders who are working to develop a local solution for solid waste disposal that would meet the needs of their local community. Senators, safe waste, energy technology is safe, reliable and proven. It operates at the scale. Local governments need to provide safe and effective disposal of their post. Recycle consumer waste within the boundaries of their local jurisdictions. Florida's waste energy facilities were built in the wake of a law called the Florida Resource Recovery Act passed by the legislature in 1977, that law required Florida's 19 most populous counties to study waste to energy as a disposal option when they did their next celebrates master plan, legislative leaders, legislative leaders at the time had the foresight to see that certain parts of Florida, especially are densely populated. Coastal communities run out of land suitable for new landfills in 2026. The shortage of appropriate places for new landfills, especially in our coastal communities is greater than ever. And only getting worse. These facilities annually avoid the land filling up more than 5 million tons of municipal solid waste. Avoid the generation of 5 million tons of carbon dioxide recover more than 200,000 tons of metal every year and have and directly employ thousands of men and women across the state. Any new facility built in Florida would be built to the industry's highest standards for emissions in order controls. And let me just make one final point. We continually hear out of Washington and Tallahassee about the idea of government efficiency and making sure that taxpayers get their money's worth senators. It is far more efficient from a government operations perspective to dispose of your municipal, solid waste close to where is generated rather than ship this valuable fuel, hundreds or even thousands of miles away to be buried in someone else's backyard. Senators, we urge you to reject this bad bill. >> Yes, Senator Harrell, you're recognized to ask questions. >> Thank you very much. And thank you for your testimony. This this bill in particular limits the building of such a facility within 2 miles of a a water body that is endangered or it meets their requirements for Everglades restoration. I do know locations in Miami-Dade or Broward County that are not within 2 miles. That would be appropriate locations to build such a facility that you can go back and forth. >> Yes, thank you, chair Senator. I don't represent a those county specifically. I'm not authorized to speak on behalf of either Miami-Dade or Broward County. I represent the the solid waste director is kind of as a whole. And what they're concerned about is any restriction that ties their hands on on where they can find a site. If you tie their hands, if you eliminate sites from consideration that makes all the other potential sites, a more expensive and be just harder to to obtain. So in our coastal communities, especially in Miami-Dade and Broward, where you have a some of the world's, you know, most densely populated areas packed in between the Everglades in the ocean. There's just nowhere in the world land available for landfills. And so of these local governments have made the decision that waste energy is their best way of controlling their waste, managing their waste inside the boundaries of there, their county as opposed to sending it out of the county. >> And chair, yes, even go back and forth. Thank you. And are there not mechanisms for controlling the release of the ash? That seems to be the major problem that it it. Would there be the potential for setting standards for release of ash that would be permissible in order to build one in one of the sensitive areas. >> Senator, there's 2 different kinds of ash to come out of these facilities. There's what's called bottom ash and then fly ash and the facilities that I'm aware of. All of that ash is contained as part of that operation and then properly disposed off in some communities. Pasco County, for example, all the ash that comes from their facility goes to what's called a ashman to fill were only ash goes into that facility in other communities. Ashes used for what's what's called require daily cover. Every landfill in the state of Florida that working face of that landfill has to be covered by either dirt or in the case of waste energy communities by waste, energy ash because it sets up when it's after it's been applied. It kind of sets up like concrete and creates a a a a layer that covers that working face. So ash is I'll just share with you that ash is being researched research at the University of Florida for use as aggregate in either cement or a hassle for things like bike trails. >> Would there be a possibility? Is there a way to measure the ash that becomes airborne? Yes, man could have an effect might be. You know, I understand what you're saying on ash. That has reuse possible possibility. But what about the the concern is the ash that becomes airborne. So the ag then lands on waterways and in particular areas that are endangered and part of the Everglades restoration. We're trying to really put a lot of money into restoring the Everglades. >> Senator, the ash that comes of the ash that I think you're referring to is known in the industry is particular. It particular it is fine microns of dust that goes through the after the after the combustion waste energy gases go through spy separate change chambers where asked gases are are removed. Where so for dioxide is removed, were heavy metals are removed and then it goes through an area called the bag house and that back houses looks like long, 30 foot tall vacuum cleaner to bags. And so when you look at the stack of a waste energy facility, you will never see smoke coming out of a waste energy facility. You might see water vapor condensing over on a cold day which you will never see smoke. And that's an industry standard across the across the nation that has been established by the EPA and by the D P and so I am I am not aware. I know the people complain about a cash because they believe it to be something. But I'm not aware of any substantive complaints that have actually been tied directly to ash coming from waste energy facility. I've heard those complaints. I've investigated those complaints, but it typically is never coming from moist energy facility. Thank you. Thank you for being here. Thank you. >> Next we have Devon Campbell, the second waiving in support. Thank you so much for being here today. And lastly, we have just McCarty first assistant county attorney for Miami-Dade County waiving against. Thank you for being here. Is there debate on the bill as amended? Yes, Senator DiCeglie, you're recognized in debate. >> Thank you, Madam Chair. And thank you, senator, for bringing this bill forward. You know, I represent Pinellas County, which is one of the counties that has a waste to energy plant and certainly my concern, the UNOS several as a as a recovering trash guy, longtime trash sky. My concern is that eventually, you know, Pinellas County believe we've had our waste energy plan since 1980. So, you know, we're a full capacity and, you know, Pinellas County being the most densely populated county in the state, a peninsula on a peninsula. You know, the thought of of finding a new location for a new waste. Energy plan is, you know, good luck with that. And it's such a huge challenge. The Pinellas County's is going to face here pretty soon. The alternative, obviously, to waste Energy plan is is a landfill. We've all driven by former landfill. So many look like mountains. And and and, you know, obviously in Pinellas County where we're very limited, we're we're we would ultimately be forced to, you know, load the trust, civil solid waste into a trailer and an intricate out of either the region or the state altogether. So that's that's one scenario. But but the good news in your amendment is that 1.7 million are last Pinellas County simply would not fall into that were billion million population now were built out. The only only thing we can do is build up in many of our 24 municipality simply don't want to go up. So I think we're going to be stuck at a million population. Great. There are other parts of the state, however, that they might ultimately go above that 1.7 million population. And if they can find a place for waste to energy plant and they decide that's the best way to manage their solid waste because they're meeting the EPA deadlines and it is it is fairly to clean technology. I'm concerned that those communities are going to be forced to potentially again go down that landfill route, that that is significantly worse. Then what ever perceptions might be around to waste to energy plant. So I know this is I think, is the first committee stop. You know, certainly I'm going to be, you know, monitoring this bill. But I think until until those my concern is addressed, I'm going to be done on the bill today. But, you know, again, you know the tap into my knowledge, I was in the industry for a long time and we have challenges with waste, energy or with with you know, I think the waste management in this state just because we're growing state and the waste to energy plants is a great alternative. You can argue the best alternative to to a landfill. We know all of the challenges and kind of negative consequences that that bring. So again, thanks you for bringing this bill forward today. >> Thank you. Any other debate you, Senator Harrell, you're recognized in debate. Yes, thank you. And I certainly waste management is a very valid technology. I'm very concerned about the particular now that I have the correct term and thank you for the education. I'm always looking to learn more. But I think if we could develop a mechanism or if there is a mechanism to to measure that and to be able to set certain standards when you might prevent and a ways to 2 a waste to energy facility from being built by measuring by knowing where there is a danger as opposed to doing a blanket rule of 2 miles in night, the that there are conditions where you might be able to do it. We certainly my number one goal is is certainly to protect our environment and make sure I've been involved in comprehensive everglades restoration for 20 years, 30 years. And I think we need to protect the environment. We also have to deal with the realities. So I don't know the technology. If there's ways for measurement to really do analysis before you eliminate a position that would be a section of land that would be an appropriate land to to do this, set some rules and some standards. And if we could look at that within the bill, I'm going to support the bill today to move it forward. But as as you move forward with it, conversations with the waste management folks and setting some standards within the bill as to where you might be able to do this as opposed to a 2 mile limit. And with that, I'll vote for the bill. Thank you. Thank you, Senator Sharif, you're recognized to close on the bill as amended. Thank you, Madam Chair. So first of all, I just want to say that. >> With this bill, what we are taken into consideration is that people who already have waste to energy facilities in their districts that they are able to rebuild and improve those technologies. There is a lot of great technology out there waste to energy facilities. We know that's the best way to dispose of our trash and and a lot of people can't recycle. They're not in a place to recycle. They don't have the facility to recycle. What we want to do is make sure that if they're going to build anything, that it is the newest and the best technology. So it wouldn't affect anybody that already has one that's already there. Well, we're talking about is in the future. If you decide that you want to cite a new one, that you just make sure that you have away from home owners away from communities where children play with asthma, who are complaining that they're affected by the pollution is in the air from these facilities away from our safe are us our groundwater away from our everglades and allow that our communities that we are. We are adjusting for population growth and our trash production in the proper way, while maintaining a safe environment and protecting our water supply. That's the bill. That's what we're trying to accomplish here. And so I would be more than happy to work with anybody on this bill that has concerned. I open my door today and had multiple bills and I'm I'm going to say to whoever is up in opposition this bill, please come over and see me so that we can work it out and I'm open to amendments. Thank you. Thank you, Kim. Please call the Roll on CS for SB 1196, Senator. Arrington. Yes, Senator Obama. >> Senator DiCeglie Senator Harrell. Yes. Senator polsky. Yes. Senator Smith. Yes. Vice chair Mayfield chair Rodriguez. Yes by your Vote CS for SB 1196, is reported favorably. Thank you, Madam Chair. Thank you. Thank you. >> And last but not least actually no. We have no confirmation after you are going to take up tab. Number one SB 912, on the battery collection and recovery by Senator Mike Lee. You are recognized to explain your Bill. >> Thank. Thank you. Madam Chair, Senator zone for being able to us present the SB but is this sorrow and 9.12, thanks to SB 912, millions of single use rechargeable batteries are brought or bought used and disposed of in the U.S. every year. The increasing use a small portable electronics, power tools and smart products has created an increase in the demand for batteries. Many of these raining up in our waste stream and in Burley up in our landfills SB 912, will create the Safe Battery Collection and Recovery Act. That is the essence of the bill. I do have an amendment. >> Yes. Are there any questions on the Bill? Nunn keep seeing? No objection. Take up. Late filed Amendment bar code 4, 4, 8, 9, 3, 6, Senator McClain. You're recognized to explain the amendment. >> Thank you, Madam Chair. By 1/1/2028, the bill requires a producer or retailer of cover batteries or batteries containing products to join the Battery Stewardship Organization or DSO. The BSO will submit yearly battery stewardship plans to BP for review and approval. It also requires BSO to promote the implementation of the plan that prohibits producer B Taylor, BSO from charging a point of sale fi to consumers to cover the cost of implementing the plan and then. >> The strike, although the amendment has a lot of technical things that we've been working on. We just received a lot of input from several stakeholders and we've tried to incorporate a lot of that into the how the plan will be implemented, what time, what things will be required of. The BSO says they move forward in our set up. But it's it's really trying to get a lot of this out of our current way stream and then get get recycling done. That is the men. >> Thank you. Are there any questions on the amendment? Okay? Are there any appearance forms for the amendment? We have several will recognize Christian coming waiving in support with the Consumer Technology Association. Thank you for being here next. We have Mark bullish and he is with PR B, the Rechargeable Battery Association waiving in support. Thank you for being here, Kenya, Cory and she is waiving in support the National Waste and Recycling Association, Florida chapter. Thank you for being here. He is there any debate on the amendment seeing none. Yes on the bill. Ok, rich, we were on the amendment. Yes. Thank you to the Senator. Mcclain. You're recognized to close on the amendment. Waive close all in favor of the amendment say yea, all opposed say Nay. The amendment is adopted back on the bill as amended. Are there any questions on the bill as amended? Okay. Are there any appearance forms for the bill? We have several first will recognize. Mark bullish speaking for from again, the Prb, the Rechargeable Battery Association. You are recognized. >> Thank you. Chair Rodriguez and members of the Committee. My name is Mark bullish. I'm executive director of PR B the Rechargeable Battery Association. The Rba is a U.S. based trade association that represents the manufacturers of batteries but also other stakeholders in and around the battery industry. So everything from the preparation and production of materials to get used in batteries and battery containing products through the production, the sale, even to the end of life in the recycling of those products and really all points in between we strongly support the safe and responsible stewardship of our products and end of life. For that, we maintain a model bill. And that model Bill is what has been used as the template for SB 912, it has also been used as the template for laws that have similar laws that have been passed already in 7 states and the District of Columbia. And in 2026, is being used as a template for as of about 5 minutes ago about 20 different states. And that number goes up every single day. You may have noticed over the last few years the batteries are found in just about everything right now. That number will continue to grow. To give a little perspective on that. The battery category in the 2020 timeframe was about a 10 billion dollar per year category in the U.S. by the end of 2024, it was 40 billion dollars by the end of 2028. It's expected to be 70 billion dollars and that's just for the batteries by themselves. When the batteries come in and a product, they're not counted in that number. We estimate that somewhere between 30 and 40% higher. So it's 100 billion dollar year category. So those batteries that are coming into the waste stream now generally have a 3, 5, maybe 7 year life span. So the batteries that were part of the 10 billion-dollar category are starting to hit the way stream now in a few years. That number's just gonna start growing much more dramatically. So just to put it into little perspective, thank you for your time. Thank you for being here. >> Next, we'll recognize Kenya, Cory and you're recognized to speak for behalf of the National Waste and Recycling Association, Florida chapter. >> Thank you, Madam chairman and members. You've heard me talk about batteries before. So I'm not going to elaborate other than last year. I told you that just one of my members had about 154 fires. So far, it's averaging about 2 fires a week still and the chairman of my of the association's out of Jacksonville and he called me the other day. Anything that can I guess what? I had a fire in armor, which is a material recovery facility due to batters. So as Mr, Fuller said, we've got more and more batteries coming in. We need to do something about it. So please help us keep batteries out of the garbage. And I love recycling bins and then put them to a great use by being disposed of properly recycled. Thank you. Thank you can. >> And next, we have Christian camera waving in support from the Consumer Technology Association. And lastly, we have Peter of though, there's your Card, Florida Association of counties waiving in support. Thank you for being here. All right. And we're going to go to debate on the bill as amended seeing none. >> Senator McClain, you're recognized to close on the bill as amended. Thank you, Madam Chair. Thank you. Senators again for Lamb and present the bill. I think this will be