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Energy/Clean Air:
Power plant permit streamlining-Energy
Our Position: oppose
Bill Number: SB888/HB1473
Sponsor: Senator Constantine and others/ Representative Hasner
Legislative Session: 2006
7/5/06: 06/19/06 Approved by Governor; Chapter No. 2006-230
5/5/06: SB888 took what the House gave them and now it is ordered enrolled
5/14/06: PASSED: 5/5/06: Energy: SB888/HB1473: Senator Constantine agreed to what the House did to the Senate's bill and now this bill is basically a streamline permitting bill for coal and nukes; the Energy Commission members can now work for the industry as long as they disclose their occupation and the pages of recommendations and instructions for the Commission were changed to now just a skeleton of direction setting goals, including a skimpy recognition of carbon emissions and a need for a Climate Action Plan; what has gone unnoticed is the elimination of the Public health and environment, and broad public interest test ....page 97, 403.5175 (4) (c) & (d): here is the language in current Florida Statutes now deleted by this bill:
“(c) Minimize, through the use of reasonable and available methods, the adverse effects on human health, the environment, and the ecology of the land and its wildlife and the ecology of state waters and their aquatic life; and (d) Serve and protect the broad interests of the public.”
Other components of SB888: alternative energy (way too broad) was given $15 million in technology grants and $2.5 million for Solar energy rebates and a tax free consumer week to buy energy efficient products….
5/5/06: The Senate concurred with what the House sent over which was a Florida Energy Commission that would allow for Commission members to be industry representatives as long as they disclose who they work for; eliminates the public interest test; has weak version of the carbon emissions reduction climate action plan.
click here to read the version that the Senate agreed to as amended by the House.
Updated 4/29/06: SB888 has had some interesting activity:
04/26/06 SENATE Placed on Special Order Calendar; 04/27/06 SENATE Placed on Special Order Calendar; 04/28/06 SENATE Placed on Special Order Calendar; Read second time; Amendment(s) adopted; Amendment(s) failed; Ordered engrossed
5/1/06: Now on Third Reading
The amendments adopted on 4/28/06 basically removed the Governor’s appointments and made the Governor’s agency Secretarys’ guests of the Commission meetings, not members of the Commission. This is the Senate’s response to the Governor announcing he would veto the Senate’s version, should this version reach his desk. Meanwhile the House version HB1473 is on the House Calendar Second Reading. The rules of the House are all bills not on Third Reading for the last week are dead. HOWEVER, the rules also would allow for bills to be pulled from Second Reading, or even Committees, if the Senate version is in House messages.
4/22/06: Senators Constantine and Dockery placeholder bills passed out of Senate Communications and Utilities. SB890 was his version of the Florida Energy Commission along with the Senator Smith language to create a Climate Action Plan. Senator Dockery's bill SB2478/HB713/1473/888 was her Florida Solar Incentives Prgram. On a grim note, Senator Baker's Nuke bill also passed out of committee, SB2494, misnamed the "Energy Diversity & Efficiency Act."
4/20/06:4/17/06: Bill versions are agendaed: CS/HB1473,House Fiscal Council was not heard on Monday 4/17 and is on the agenda for Friday, 4/21/06 and CS/CS/888 passed out of Senate Ways and Means. There appears to be more support for the House version than the Senate version. This is coming from the Industry and DEP. Our analysis is still the same as what we have said below.
4/8/06: CS/CS/SB888 and CS/HB 1473 ENERGY: This past week, both the House and Senate worked over their respective Energy Bills and at the end of the day they are both very different. However the Committee hearing process was the same. We didn’t have all the amendments that were offered to the bills, it was a free- for- all episode of the “Outer Limits.” Anyway, the House had 20 amendments. Only 9 were available in the packet. 11 were in the hands of “members” only. The Senate had an equal number of amendments, present and missing, some were withdrawn, some were adopted. Crazy. If you want to read the most recent version of the Senate bill, click here: cs/cs/sb888c2
To read the most recent staff analysis, click here.
4/20/06: From what we have analyzed thus far: the House doesn’t have the same Energy Commission as the Senate, and the Senate creates an independent Commission where the House keeps the Energy Council under the Department of Environmental Protection. The duties and makeup would be very different. .
The House does not have the CO2 emission reduction Climate Action plan. It’s not that this Plan wasn’t offered as an amendment to the House bill, it’s just that the House Utilities Committee Chairman, Rep. Littlefield, said that, “some of the amendments being offered were hostile amendments,” and that he didn’t want to see them adopted because….(wait for it)…he wanted a “clean bill”…
Both bills have the expedited, fast tracking of the permitting process under the Power Plant Siting Act and Transmission Line Siting Act. They both make mandatory exemptions of land use decisions. They have similar solar and energy efficient incentives and rebates; tax breaks for the utilities. They have different ideas about what is a renewable portfolio standard. The Senate is offering to include the Sugar burners and MSW’s as a renewable energy source, with tax credits; the House isn’t.
We oppose the language that would allow for a nuclear power plant not going out to bid; streamlining of the Power Plant Siting Act; and reduced public comment time. Eliminates mandatory land use and certification hearings. Click here to stay up with the past, present, and future activity on this bill. You can also read the various changes that occur during the process. SB888.
4/3/06: There were a lot of amendments to the bill in Senate Environmental Preservation, not all of them were provided to the public in the Committee Packet. Several were adopted, several were withdrawn. Senator Smith had a good amendment adopted click here to read it to have the Energy Commission produce a Climate Action plan for greenhouse gas reductions/CO2. The Chapter Energy Committee will be reviewing the amendments. The next stop for this bill is Senate Ways and Means, and will probably be agendaed after the Holidays.
Click here to see all the amendments that were filed, adopted, and withdrawn to the bill. Look under the committee amendment section, S 0888 c1
3/30/06:The bill was discussed, amended, and voted on in the Senate Communications and Public Utilities Committee. The sponsor, Senator Constantine did add some Commission members we had requested to the Energy Commission and added some protective language for public health and environment . Basically the bill sets up an Energy Commission with a process of appointments and lists pages of "to do's" that we can support. We also wanted the state to take ACTION now to address meaningful reduction of CO2 with goals and a timeline; provide a renewable portfolio standard; and take seriously that Climate Change is real. But that didn't get into the bill, neither did our suggestion that the Commission address those action steps.
We had a really great group of speakers, several from a local Tallahassee/Big Bend Climate Action Team, FWF, NRDC, FPIRG, FCAN, and Sierra.
Status
7/5/06: 06/19/06 Approved by Governor; Chapter No. 2006-230
Please click on SB888 to keep up with the bill's history and legislation. If you want to know what the Committee staff said about this bill, click on the Staff Analysis PDF file. 4/3/06: The CS/SB888 passed with several amendments and several were withdrawn. Not all the amendments were provided to the public in the Committee packet, and there was no opportunity for public comment, because they ran out of time. Previously discussed bills took up a lot of agenda time. HB1437 is the similar to this bill. Click on HB1473 for more details.
Action Needed
More information
Click here to read the House March 9th, Committee Packet and the Governor's plan.Contact your member of this Committee and tell them we do not like the reduced public comment time; nor the emphasis on coal and nuclear power plants. We want to see more emphasis on an Energy Renewables Portfolio and the elimination of the RIM test; The Senate version now has language to begin to reduce the state's carbon emissions with meaningful goals and a timeline to meet said goals.
Background
3/24/06 Dear Senator Constantine, The Florida Chapter Sierra Club appreciates the opportunity to review and comment on SB888 prior to the Communications and Public Utilities Committee vote. We would like to suggest the following language be included in the final draft bill. While we are encouraged that the bill establishes an independent Florida Energy Commission outside of the Department of Environmental Protection, we wish to suggest that the following language be included in the final draft. Under Section 1 (a) (1) regarding composition of the Florida Energy Commission: We believe that in order to adequately assess the environmental and public health impacts of future energy choices it would be prudent to have environmental scientists, public health officials or advocates, physicians specializing in pulmonary diseases, and insurance experts added as voting members of the commission. Under the charge of the Florida Energy Commission under section 1 (8), we wish to see lesser weight given to coal and nuclear power. We believe that in order to obtain full cost accounting of all energy choices, especially with coal or nuclear power, that the commission be mandated to account for all negative externalities such as environmental impacts and public health impacts, and waste disposal in determining the true cost of energy choices. Moreover, there must be more emphasis placed in renewable energy, such as distributed solar energy, if Florida is to achieve greater energy independence, enjoy real economic benefit, and reduce the growing threat of global warming caused by CO2 emissions. To this end, we believe that the commission should be charged with developing a Renewable Portfolio Standard whereby Florida would generate a specific percentage of its energy from clean, renewable source of energy by a date certain. The Commission should emphasize removing barriers to energy renewables, by requiring utilities to use “net metering” for renewable energy produced by Florida homes and businesses. The Commission must also remove regulatory barriers to energy efficiency. We are pleased to see that Section 1 (8) (d) (5) addresses this issue. Florida has the can utilize more effective means to implement Demand Side Management (DSM). The most effective way to increase energy efficiency through an effective DSM policy is for the Commission to be charged with reviewing and eliminating the Rate Impact Measure (RIM) test. The RIM test is an outdated economic test used by Florida’s investor owned utilities that prevents Florida’s businesses and households from maximizing true energy efficiency. Instead, the commission should be instructed to review the “public benefit funds” of the 25 states that have established such funds; and establish a public benefit fund in Florida, that could be funded by progressive energy consumption rates paid by the highest energy consumers. We oppose the reduction in time for notice to citizens about public hearings regarding the siting of power plants. The streamlining of the certification process may lead to adverse effects on human health, the environment, less protection of endangered species, aquatic preserves and OFWs and reduced oversight of the disposal of hazardous waste. The Florida Chapter Energy Committee is still reviewing the details of this legislation. We welcome the opportunity to continue to offer constructive comments as we attempt to forge a cleaner and more sustainable energy future for Florida. Thank you again, Susie Caplowe Florida Chapter Sierra Club Lobbyist cc. Chapter Energy Committee March 15, 2006 by Inter Press Service States Calculate Global Warming Pricetag by Jim Lobe WASHINGTON - The decision, taken by the National Association of Insurance Commissioners, came during the same week that the world's biggest insurance broker, Marsh & McLennan, briefed its corporate clients, which include roughly 75 percent of the "Fortune 500" biggest companies, on the potential impact of global warming on their businesses. Marsh's clients heard from, among others, Carol Browner, who headed the Environmental Protection Agency (EPA) when former President Bill Clinton signed the Kyoto Protocol to curb greenhouse gas emissions, and Robert Watson, the chief climate scientist at the World Bank and former head of the Intergovernmental Panel on Climate Change (IPCC). Watson was ousted as IPCC chair in 2002 at the insistence of the administration of Pres. George W. Bush, which rejected his repeated warnings that the Earth faced potentially catastrophic changes in climate unless emissions were reduced. "Between the insurance commissioners and Marsh, the message is that companies must take climate change much more seriously," according to Andrew Logan, director of the insurance programme at Ceres, a national coalition of environmental and other public interest groups and investment funds representing three trillion dollars in assets. "The insurance industry is well-positioned to be part of the solution to climate change, and these actions will force industry executives and corporate directors to address the issue," he added. Both actions come amid growing evidence that global warming is indeed linked to greenhouse emissions and that its impact on both climate and the world's topography is dramatic and potentially catastrophic. In just the past week, a series of new studies has added to the concern. Last week, the Journal of Glaciology published the results of an unprecedented survey by the National Aeronautics and Space Administration (NASA) that found that computer models based on assumptions about the impact of the increasing concentration of carbon dioxide (CO2) emissions in the Earth's atmosphere had accurately predicted the extensive thinning of the West Antarctic and Greenland ice sheets that has taken place there. "If the trends we're seeing continue and climate warming continues as predicted, the polar ice sheets could change dramatically," according to lead scientist Jay Zwally. "The Greenland ice sheet could be facing an irreversible decline by the end of the century." A related study published last week by Science magazine concluded that the Antarctic ice sheet is losing 152 cubic kms of ice each year to the sea around it due to global warming, while another, also based on NASA data, found that the ice cover in the Arctic Sea is currently at its lowest extent since satellite monitoring began in 1979, and probably the lowest in the past century. These latest studies, as well another one by the National Oceanic and Atmospheric Administration (NOAA) that found that CO2 levels in the atmosphere have reached levels that have not been seen on Earth for more than a million years, have lent credence to the notion that the Earth's climate is, as NASA's director of the Goddard Institute of Space Studies, James Hansen, said last December, "nearing... a tipping point beyond which it will be impossible to avoid climate change with far-reaching undesirable consequences." Some of those consequences are of particular concern to the insurance industry, which has been forced to pay out billions of dollars in recent years as a result of damages caused by the growing intensity in recent decades of hurricanes that are fueled by the warming waters of the Caribbean and elsewhere. Indeed, last week's action by the state insurance commissioners came in the wake of devastating back-to-back hurricane seasons that caused a record 30 billion dollars in U.S. insured losses in 2004 and as much as 60 billion dollars in insured losses from Hurricane Katrina alone in 2005, which was also by far the costliest year in weather-related natural disasters on record, according to a recent study by the Munich Re Foundation. Indeed, according to a December 2005 Ceres study, U.S. insurers have seen a 15-fold increase in insured losses from catastrophic weather events in the past three decades, increases that have far outstripped the growth in premiums, population and inflation over the same time period. "It's becoming clearer that we are experiencing more frequent and more powerful weather events that pose huge challenges for the insurance industry," according to Tim Wager, director of Nebraska's Department of Insurance and co-chairman of the new task force set up by NAIC, which originally scheduled the initiative for approval at a meeting in New Orleans that was then cancelled due to Hurricane Katrina. "The impacts are being felt on our coasts and in the interior U.S.," he added. "We're seeing all kinds of extreme weather in the Great Plains states, including drought, tornadoes, brushfires and severe hailstorms." In the U.S. system, individual states, rather than the federal government, regulate the insurance industry. The task force will review whether U.S. insurers have adequately considered the consequences on their industry, including its solvency, if current trends that are believed to be related to global warming continue or intensify, according to Washington State insurance commissioner Mike Kreidler. "We had a statewide drought emergency in Washington last year," he said, noting its impact on the state's agriculture and ski industries. "As scientists predict this trend to continue, I'm concerned with the impact these changes will have on insurance availability and costs." Nancy Skinner, U.S. director of The Climate Group, a coalition of multinational corporations, state and local governments, and activists based in the U.S., Britain, and Australia, stressed that the threats posed by warming are not confined to extreme weather events, such as hurricanes. "People tend to think about climate change in terms of Category 5 hurricanes and sea level rise," she said. "But changing weather patterns such as more intense rain or ice storms and lower snow levels can also have big impacts on business and homeowners. Other lines of insurance are also vulnerable, like health when heat-related respiratory diseases and mosquito-borne diseases increase." In its briefing, Marsh also stressed the complexity of climate change, urging its clients to review their insurance coverage to ensure that it takes account of all the potential impacts. It said it will soon release a white paper on climate risks. Copyright © 2006 IPS-Inter Press Service ENVIRONMENT-US:States Calculate Global Warming Pricetag on 14/03/2006 23:38:58 GMT Jim Lobe WASHINGTON, Mar 14 (IPS) - In a new sign of growing concern about the impact of global warming on the health of the U.S. economy, the insurance commissioners of the 50 U.S. states last week voted unanimously to establish a task force on the possible impact of climate change on the insurance industry and its consumers…
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