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Habitat and Lands:
Construction Aggregate Materials Study -now found in HB985

Our Position: oppose
Bill Number: HB985
Sponsor: Senator Baker
Legislative Session: 2007

GOVERNOR SIGNED BILL INTO LAW

5/4/07: Mining aggregate now found in HB985: ordered enrolled.

5/4/07: HB985: Final passage (substituted for SB1928)  and contains the mining aggregate language; toll road privatization; Transportation/M.P.O.'s, etc.

4/28/07: SB2804 IS NOW A MAJOR TRANSPORTATION BILL/Aggregate Mining bill move to next stop

4/21/07: Local Government pre-emption from enacting moratoria on mining was amended with agreed to language: House Proposed Committee bill PCB ENCR 12. (now bill number HB7121)  moves to the House Floor Click here to read more about the bill. The local government moratorium pre-emption and other pre-emptions to enforcing local ordinances, rules, etc. has been amended and the compromise language allows for the local government to only have to consider information by DOT prior to a decision by local government. SB2804 was amended with the agreed to language in Senate Environmental Preservation and Conservation Committee, 4/12/07The Senate Bill 2804 is now on the Committee agenda-- Transportation and Economic Development
                  Appropriations, 04/24/07, 8:15 am

4/14/07: The local govenments, Governor's office and others have agreed to language that was amended to Senator Baker's Transportation Bill. Here is the agreed to language:

No local government shall approve or deny a proposed land use zoning change, comprehensive plan amendment, land use permit, ordinance, or order regarding construction aggregate materials without considering any information provided by the Department of Transportation regarding the effect such change, amendment, permit decision, ordinance, or order would have on the availability, transportation, and potential extraction of construction aggregate materials on the local area, the region, and the state.  The failure of the Department of Transportation to provide this information shall not be a basis for delay or invalidation of the local government action.  No local government may impose a moratorium or combination of moratoria on the mining or extraction of construction aggregate materials of more than 12 months’ duration, commencing on the date the vote was taken to impose the moratorium.  January 1, 2007 will serve as the commencement of the 12 month period for moratoria already in place as of the effective date of this act.

 

4/6/07: The House Environment and Natural Resources Council proposed bill now has a bill number. and will be heard on the House floor soon. HB7121. Click here to read more about the bill. The local government moritorium pre-emption and other pre-emptions to enforcing local ordinances, rules, etc. are still in the bill. The Senate version SB2804 is much better with just a task force and an ask that the local governments address any decision they make to limit the availability of mining. There is a time limit to a moritorium that an agency can levy, but this language is still be worked on. A different version of this Senate language, the language about having an agency consider not allowing mining has to be veted completely with solid reasons why the mining is prohibited.  This version can be found in the recently released House Economic Expansion and Infrastructure Council proposed bill, PCB EEIC 07-11, a Growth Management bill that was available Monday 3/2/07 and workshopped Wednesday 3/4/07. Thank goodness for Secretary of DCA Tom Pellham who told the Committee they needed to let DCA review their processes for at least a year before making additional changes. We haven't had the opportunity to review this bill but hope to have some information for you soon.

3/30/07: The House Environmental Council Committee members had some interesting and often heated debate regarding the PCB which already had the bad language that would pre-empt/prevent local government from placing a moritorium on mining. You can read the language for yourself in the Background section located below. VOTING AGAINST THE BILL WAS: REPRESENTATIVES RANDOLPH, KRISEMAN, BOYD, MACHEK.

VOTING FOR THE BILL WAS: REPRESENTATIVES BRANDENDBURG, TROUTMAN, ALLEN, CULP, GLORIOSO, GRIMSLEY, KENDRICK, AND WILLIAMS.

ABESENT FROM VOTING WERE: REPRESENTATIVES KREEGEL, NELSON.

SEE BELOW FOR EMAIL ADDRESSES. PLEASE CONTACT THE NO VOTES AND TELL THEM THANK YOU FOR STANDING UP FOR THE LOCAL GOVERNMENTS.

 

3/24/07: The House Environmental Protection committee allowed for the bad local government pre-emption language to be included in the bill at the very last section. The beginning of the bill has the Senator Baker task force language. If you want to read the proposed bill,click on this link.

Sierra, Association of Counties, League of Cities and some county lobbyists spoke in support of the task force and against the local government pre-emption.

 

Status

GOVERNOR SIGNED BILL INTO LAW

5/4/07: House concurred with Senate amendments. Mining aggregate now found in HB985.

4/21/07:  SB2804 on Transportation and Economic Development  Appropriations, 04/24/07, 8:15 am, 309-C

4/19/07: On Committee agenda - Transportation and Economic Development Appropriations, 04/24/07, 8:15 am

4/14/06: compromise language is now on the Senate bill SB2804.  next stop for SB2804 is: Transportation and Economic Development Appropriations - and then the floor.

HB7121 is on the House Floor.

Posted 3/24/07: Now that the House Environmental Protection Proposed Committee Bill ENCR 12 has the local government preemption language in it we will no doubt be seeing it pop up on other bills.

 

Posted 3/16/07: By 3/20/07 please contact the members of the Senate Transportation Committee and tell them not to accept any amendments to this bill. Especially amendments that in any way, shape, or form, prohibit local governments from stopping lime rock mining or other forms of mining....see amendment language we don't like below...

By 3/19/07 contact the House Infrastructure committee members and tell them not to allow for the bad amendment language. Representatives Bucher and Randolph are on this committee, we have endorsed both of them.

       
 
      

 

 

Senator Baker is the sponsor of SB2784. He is offering a study to see what the needs are for aggregate in the near future and how impacted the availability of same will be following the outcome (Judge has not ruled yet) of the Lime Rock Law suit that Sierra lead.  THIS IS A GOOD THING AND WE NEED TO MAKE SURE HE KEEPS HIS BILL CLEAN OF ANY AMENDMENTS THAT PRE-EMPT LOCAL GOVERNMENTS.

Some mining lobbyists and the FDOT have promoted a fear that the Sierra law suit will stop all mining in the Lake Belt. But according to National Sierra attorneys, that is not what has been put forth as a remedy. The mining interests are setting the stage so that they can PRE-EMPT LOCAL GOVERNMENTS FROM PROHIBITING OR PREVENTING THE CONSTRUCTION OR OPERATION OF LIMESTONE MINE ON LANDS WHERE MINING IS A PERMISSIBLE USE OR ON LANDS ZONED OR CLASSIFIED AS MINING LANDS OR AGRICULTURAL LANDS PURSUANT TO S.193.461, fs. 

Action Needed

GOVERNOR SIGNED BILL INTO LAW

5/4/07: House concurred with Senate amendments. Mining aggregate now found in HB985.

4/24/07: Contact members of the Senate Transportation and Economic Development Appropriations committee prior to 4/24/07 and remind them the local government pre-emption and moritorium language has been agreed to and there should be no changes.

4/14/06: Contact your legislator and remind them there was a compromise to the local government pre-emption to enforce local rules and ordinances and to the moratorium. And should a different amendment surface to take it all back, that they oppose it.

 

 

3/27/07: posted from Tallahassee Report Alert:

ACTION NEEDED NOW

House Environment Council meeting WEDNESDAY 8AM. Please contact each member below and tell them to vote “no” on this two bills:

 

 

VOTE NO ON PCB ENRC12: Mining Aggregate legislation.

THE HOUSE ENVIRONMENT AND NATURAL RESOURCES COUNCIL PROPOSED COMMITTEE BILL ENRC12 WILL BE VOTED ON BY THE COUNCIL. This is the mining aggregate legislation that would set up a task force to study the needs of the industry to find materials, access to the materials, transportation issues, which is a good thing to do, etc. HOWEVER, ENRC12 also has the BAD local government pre-emption language that would not allow local governments to say NO to mining.  CALL OR EMAIL MEMBERS NOW !!!!

Click here to read more about the bill. The BAD LANGUAGE can be found on page 3 and 4, start on line 74.

http://www.florida.sierraclub.org/tracker/7sb2784.html

 

 

House Environment and Natural Resources Council 2007

 

Chairman Mayfield just found out he has cancer and is out for the time being. We wish him a speedy recovery.

Rep. Stan Mayfield (Chair)       (ABESENT)

Capitol phone:  850-488-0952             stan.mayfield@myfloridahouse.gov       

District phone: 772-778-5077 

District fax: 772-778-7210

 

Rep. Baxter Troutman (V Chair)          

Capitol phone: 850-488-9465              baxter.troutman@myfloridahouse.gov              

District phone: 863-298-5220 

District fax: 863-298-5222

                                 

Rep. Bob Allen

Capitol phone: 850-488-4669              bob.allen@myfloridahouse.gov            

District phone: 321-449-5111 

District fax: 321-449-5113

 

Rep. Debbie Boyd       

Capitol phone: 850-488-9835              debbie.boyd@myfloridahouse.gov                               

District phone: 386-454-5407 

District fax: 386-454-3581

 

Rep. Mary Brandenburg          

Capitol phone: 850-488-0260              mary.brandenburg@myfloridahouse.gov                       

District phone: 561-540-1157 

District fax: 561-540-1159

 

Rep. Faye Culp           

Capitol phone: 850-488-2770              faye.culp@myfloridahouse.gov                         

District phone: 813-272-2920 

District fax: 813-272-3711

 

Rep. Rich Glorioso      

Capitol phone: 850-488-0807              rich.glorioso@myfloridahouse.gov                                

District phone: 813-757-9110 

District fax: 813-757-9109

 

Rep. Denise Grimsley  

Capitol phone: 850-488-3457              denise.grimsley@myfloridahouse.gov               

District phone: 863-385-5251 

District fax: 863-386-6002

 

Rep. Will Kendrick      

Capitol phone: 850-488-7870              will.kendrick@myfloridahouse.gov                               

District phone: 850-697-5115 

District fax: 850-914-6289

 

Rep. Paige Kreegel      

Capitol phone: 850-488-9175              paige.kreegel@myfloridahouse.gov                              

District phone: 941-575-5820 

District fax: 941-575-5822

 

Rep. Rick Kriseman    

Capitol phone: 850-488-9337              rick.kriseman@myfloridahouse.gov                              

District phone: 727-552-1380 

District fax: 727-552-1382

 

Rep. Richard Machek  

Capitol phone: 850-488-5588              richard.machek@myfloridahouse.gov               

District phone: 561-279-1633 

District fax: 561-279-1634

 

Rep. Bryan Nelson      

Capitol phone: 850-488-2023              bryan.nelson@myfloridahouse.gov                               

District phone: 407-880-4414 

District fax:

 

Rep. Scott Randolph   

Capitol phone: 850-488-0660              scott.randolph@myfloridahouse.gov                             

District phone: 407-893-3084 

District fax: 407-893-3086

 

Rep. Trudi Williams     

Capitol phone: 850-488-2047              trudi.williams@myfloridahouse.gov                               

District phone: 239-433-6775 

District fax: 239-278-7573

 


Posted 3/24/07: Please begin contacting your House and Senate legislator and tell them you support the study but oppose the local government preemption.

to find your House member click here

to find your Senator, click here

There is the potential that the bad mining language amendment might go into is going in, SB 2804, even though Senator Baker has said no to it.  The House companion should be Glorioso’s Transportation bill, HB 985. 

However, the proposed "bad" amendment language is not going to go into Senator Baker's or Representative Mike Davis's bills and they have said no to pre-emption language this year. So, if we are successful keeping it off of these bills, we will see it somewhere. And we are also striving to keep any pre-emption language preventing local governments from passing ordinances to control the use and type of fertilizers on yards, etc.

 

More information

To learn more about SB2804 click here.

To learn more about SB2784 click here.

To learn more about 7121 click here.

 

Background

HERE IS THE Bad language in the PCB.

378.412 Relationship with other laws.—

 

(a) It is in the intent of the Legislature that ss. 378.202-378.805 supplement other laws regarding resource extraction.  Nothing contained in such sections shall be construed to limit, abridge, or alter any agency’s duties, authority, and responsibilities granted pursuant to another statute.  Nothing in ss. 378.202-378.804 shall be deemed to preempt local ordinances that impose stricter reclamation standards., provided however, no county or municipality shall enact or enforce any ordinance, resolution, regulation, rule, policy, or other action which prohibits or prevents the construction or operation of a limestone mine on lands where mining is a permissible use or on lands zoned or classified as mining lands or agricultural lands pursuant to s. 193.461, Florida Statutes.

 

(b) Due to the state’s critical infrastructure needs and the potential shortfall in available materials, limerock environmental resource permitting and reclamation applications filed after March 1, 2007 are eligible for the expedited permitting processes contained in s. 403.973.  Challenges to state agency action in the expedited permitting process for establishment of a limerock mine in this state under s. 403.973 are subject to the same requirements as challenges brought under s. 403.973(15)(a), except that, notwithstanding s. 120.574, summary proceedings must be conducted within 30 says after a party files the motion for summary hearing, regardless of whether the parties agree to the summary proceeding.

____________________

Posted from Sierran Annette Long, Cheifland, FL:
... I spoke with the folks at the Bureau of Mine Reclamation (FDEP) regarding how many permits they have turned down in the past.  I put a clip of their answer below:
By law, in order to get an environmental resource permit the applicant must provide reasonable assurance that the proposed project will meet the conditions for issuance, and if applicable, the additional conditions for issuance.  These are explained in more detail in the applicant’s handbook (see attachment).   If we get reasonable assurances, the permit must be issued.

Since 1995 we denied only one permit because the applicant could not provide the reasonable assurances.  This was the Manatee Pit.

We denied one permit because the applicant did not respond to requests for additional information.  We denied one modification to a permit because the applicant was not the permittee.  Only the permittee can request a modification to a permit.

 There is a very similar bill in the Senate S 2784 (the same narrative is also buried in a Transportation bill also S 2804).  The Senate bill basically states that there is a mining aggregate shortage in Florida and then creates a Strategic Aggregate Review Task Force (peopled in part by industry reps) that will oversee mining issues and study problems in the state. 

The House PCB ENRC 07-12  specifically removes mine permitting decisions from local elected officials "...Nothing in ss.378.202-378.804 shall be deemed to preempt local ordinances that impose stricter reclamation standards, provided however, no county or municipality shall enact or enforce any ordinance, resolution, regulation, rule, policy, or other action which prohibits or prevents the construction or operation of a limestone mine on lands where mining is a permissible use or on lands zoned or classified as mining lands as of March 1, 2007."
 
In Levy County, mining is permissible by special exception on any land that is zoned for any type of agriculture (more than 70% of the county).  Levy County has prohibited mining near homes, neighborhoods, churches, schools, hospitals, parks and springs.  It is unclear whether this bill will negate the regulations that are currently on Levy County's books.
 
The House Bill doesn't take into account infrastructure like adequate road or the mine's proximity to hospitals, schools, nursing homes, parks, springs or rivers. 
 
The premise of this bill is "Due to the state's critical infrastructure needs and the potential shortfall in available construction aggregate materials, limerock materials..." that not only will mine location and permitting decisions be taken away from local officials, but there will be a "fast track" expedited permitting process that looks like it will short-circuit the challenge process.  It will likely take a legal challenge to completely understand all of the ramifications of this bill...
 
I have requested the documentation that was given to Rep. Will Kendrick (from his Tallahassee office) documenting that there is a limerock aggregate shortage in the state that requires this emergency action.  I will be very surprised if I get an answer.
 
Thanks for your time!
 
Annette Long
Chiefland, FL

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