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Legislative Tracker
> Aggregate Mining/Preemption
Land Use:
Aggregate Mining/Preemption
Our Position: oppose
Bill Number: SB 2406
Sponsor:
Legislative Session: 2008
Aggregate Mining [RPCC]; Prohibits local governments from enacting or
enforcing ordinances, resolutions, regulations, rules, policies, or
other actions that prohibit mining in certain lands zoned for mining.
Provides an expedited permitting process for certain limerock
environmental resource permitting and reclamation applications, etc.
EFFECTIVE DATE: Upon becoming law.
Status
The bill was heard in its first committee, Environmental Preservation and Conservation.
Sen. Saunders had prepared an amendment that would have stripped the preemption language out of the bill, but when it became obvious that Sen. Bennett would not admit it was preemptive, Sen. Saunders said he would withdraw his amendment. Given the reaction of the committee to the bill, eliminating the amendment that would have moderated it meant that the bill would die.
Sen. Saunders temporarily passed the bill and he and Sen. Bennett went out into the hall to confer. When they returned Sen. Saunders said that they all knew how the system worked, and he was not going to allow the bill to be amended just to get it out of committee only to have the preemptive language amended back in at the next committee stop. (The next committee is General Government Appropriations and Sen. Bennett and Sen. Baker both sit on it. Sen. Baker is the sponsor of SB 774, the other Senate aggregate mining/preemption bill)
They returned and Sen. Bennett asked to have his bill TP’d. He said he would come back next week with clarifying language. Sen. Saunders said after the meeting that the bill would not get out of his committee unless he had a solid assurance that the preemptive language would not reappear.
02/28/08 SENATE Filed
03/13/08 SENATE Introduced, referred to Environmental Preservation and
Conservation; Community Affairs; General Government
Appropriations -SJ 00271
04/04/08 SENATE On Committee agenda-- Environmental Preservation and
Conservation, 04/09/08, 4:00 pm, 401-S --Temporarily
postponed
Action Needed
Thank Chairman Saunders for his help on this bad bill.
Chairman Saunders can be reached at:
Senate Environmental Preservation and Conservation 2008
Name District Phone Email
Saunders (B), Burt L. (Chair) (R) 37 (850) 487-5124 Saunders.burt.web@flsenate.gov
More information
To see the bill text, filed amendments, the staff analysis, and how members voted in committee, click here.
To see information about the Lake Belt case click here.
To read the Strategic Aggregate Review Task Force Report click here
Background
Aggregate Mining Sierra Club opposes legislation pertaining to aggregate mining that: · Preempts local governments’ ability to manage growth according to comprehensive plans adopted as required by the Growth Management Act · Prevents local governments from enacting stronger land use restrictions than the state (for example, to protect natural resources.) Mining is an intensive and irreversible land use frequently associated with pollution, wildlife habitat loss, impacts on ground and surface water resources, and loss of property values and quality of life for those living nearby. · In the Lake Belt case the federal court in Miami found that the carcinogen benzene had polluted the local drinking water supply and placed a temporary ban on aggregate mining.
· The Everglades, subject of a multi-billion dollar cleanup, could be adversely affected by inappropriate siting of aggregate mining. · Economic impacts of mining activities include cost for cleanup of polluted water, loss of groundwater resources, and losses to the tourism and fisheries industries. · Adverse impacts include the release of process water and stormwater, spills of petroleum products, stack and dust emissions, and noise and ground vibrations. These lead to loss of habitat, dust, erosion, sedimentation, surface and groundwater pollution, and changes to the visual scene. · The bill would prevent local governments from enforcing ordinances already adopted to protect their resources. For example, Sarasota's excavation ordinance includes a specific zoning district that governs earth-moving activities and has been cited as a model. These proposals are contrary to the Consensus Recommendations adopted by the Strategic Aggregate Review Task Force presented to the Legislature in February 2008. · After six weeks of meetings and presentations the 19 Task Force members, comprising multiple interests that included the industry, found that the facts do not support the claim that there is an aggregate unavailability crisis. FDOT could not identify a projected deficit of the material. · Task force member Richard Grosso: “In short, the facts do not demonstrate that there is any need for the Legislature to intervene and disenfranchise local governments and citizens relative to one of the more intrusive and intensive land uses known to the state of Florida.” · Sierra Club is also concerned about an “expedited process” for an activity with so many far-reaching impacts.
· Passage of preemption for lime rock mining opens the door to preemption for other mined resources, such as phosphate.
For more information: Lobbyist: David Cullen 941 323-2404 cullenasea@aol.com References: www.dot.state.fl.us/statematerialsoffice/administration/resources/library/issues-trends/aggtaskforce/reports.htm www.lee-county.com/dcd/CommunityPlans/SELC_DRGR/DRGR_Mining_Regs_Summary.pdf
SB 2406 Sponsor(s): Sen. Mike Bennett. Prohibits local governments from enacting or enforcing ordinances, resolutions, regulations, rules, policies, or other actions that prohibit mining in certain lands zoned for mining. Provides an expedited permitting process for certain limerock environmental resource permitting and reclamation applications, etc. SB 774 and CS/SB 774. Sponsor: Sen. Carey Baker: Requires a super majority vote by the local government decision-making body in order to deny approval of a construction aggregate materials mining site. Provides for a final determination to be made by the Governor and Cabinet if the local government does not approve or deny an application for construction aggregate mining activities after two meetings or 3 months, etc ENRC13 by the House Environment and Natural Resources Council: Precludes counties or municipalities from enacting or enforcing any ordinance, resolution, regulation, rule, or policy which prohibits or prevents the construction or operation of a lime rock mine based on issues or subject matters regulated by the Florida Dept of Environmental Protection or Ch. 373, part IV (Florida Statutes: Water Resources/Management and Storage of Surface Waters).
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