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Toxics:
Florida Incentive-based Permitting Act (NOT)

Our Position: oppose
Bill Number: SB2510/HB261
Sponsor: Senator Mike Haridopolos/ Rep. Dwight Stansel
Legislative Session: 2006

5/5/06: Did not pass.

4/29/06: The Senate version was amended to make it identical to the House bill. The House bill was amended on the House floor. The Senate bill has more committees of reference and we have been told it is not coming out of committees.

4/22/06: This bill is on the Senate Environmental Preservation Committee for Tuesday, 4/25/06, the last committee meeting. Please contact the members of this committee and tell them to vote NO on this bill. 

SB2510 is identical to HB261. The legislation would allow for bad actors or polluters to get a new permit to pollute even if they have violations.

SB2510 is the Senate Companion to the House version and so far it is not agendad.

A similar bill,SB1906, is better, but also has problems. This version will be heard in Senate Environmental Protection Committee on Monday, 3/27/06. This version does recognize some bad actors, but that they have to knowingly violated the laws. That is a hard standard to prove.

4/14/06: Rep. Stansel is working with DEP and the Governor's office on some new language that may be available as a House floor amendment when the bill is on Special order. Senate versions not moving to date.

Status

Action Needed

Click here to find contact information for your Senate member.

3/23/06: The bill passed out of it's last committee and will now go to the House Floor. Please send your House member a note, give them a call, and tell them why this bill is a polluters dream. See explanation below.

DEP does not like this bill either.

More information

Background

In general the impact of this bill:

1. Weakens the agency (DEP) under existing law;

2. existing permit standards would now be harder to enforce against violations;

3. a new section freely grants permitting privileges and streamlining whether the applicant has proven they deserve them or not;

4. a new section of law gives away incentives and there is no relation or connection to account for one site being different from another: the first site might be easy and the second site may have more environmentally sensitive lands which may require more engineering. We can't know what is next in line so giving cart blanche to a second permit is not responsible;

5. Clean Air and Clean Water Acts (under Federal law) require five year permits. This bill exempts them; inspections required by these Federal laws would supposedly be eliminated.