State planners enforcing climate, energy requirements

State planners increasingly are requiring cities and counties to show that proposed new developments include features to reduce greenhouse gas emissions from motor vehicles, a Department of Community Affairs official said today.

HB 697, adopted by the Legislature, in 2008 required cities and counties to have energy-efficient land use patterns and greenhouse gas reduction strategies in their growth plans. The Department of Community Affairs is holding a workshop on Jan. 29 to receive comment on developing standards for those requirements.

State planners are raising concerns about energy use and greenhouse gas emissions as they review a wave of proposed new land-use changes for developments, said Charles Gauthier, director of DCA's Division of Community Planning. But those state planners, he said, often are not able to provide cities and counties with the guidance they are clamoring for.

"This is a major new dimension to planning in the state," Gauthier told a "Climate Change and Public Health" workshop in Tallahassee. "I feel that in some ways we are all feeling our way along."

The Florida Department of Health and 1000 Friends of Florida coordinated the program for the workshop, held at the Capital Circle Office Center in Tallahassee. Other workshops will be held through March in Fort Lauderdale, Orlando, Sarasota, Jacksonville and Pensacola.

Workshop participants were told that climate change could result in more vector-borne diseases and higher temperatures in cities caused by the "heat-island effect." Children and senior citizens could be most affected as the senior population doubles within the next 10 years, with much of the increase occurring in urban areas.

More than 40 percent of Florida's greenhouse gas emissions come from motor vehicles, Gauthier said. He and other speakers said communities can reduce greenhouse gases by placing stores, employment centers and housing closer to one another while offering transportation choices that encourage walking, bicycling and mass transit use.

Daniel Parker, assistant director of DOH's Division of Environmental Health, said reducing greenhouse gas emissions through better land use planning would provide the added benefit of improving public health by reducing obesity and its related diseases. He showed photographs of expansive parking commercial parking lots and barriers to walking on sidewalks.

"These are really, to me, the easy things we are going to have to get right if we are going to be serious about climate change," Parker said.

Pre-registration is required for the upcoming workshops. For more information go to the 1000 Friends of Florida web site, 1000friendsofflorida.org, or click here.

For more information about DCA's Jan. 29 workshop in Fort Lauderdale, click here or click on the public notices link at the DCA web site, dca.state.fl.us .

Click here for more information from DCA about HB 697.

(Story copyrighted by Bruce Ritchie and FloridaEnvironments.com. Do not copy or redistribute without permission.)

Florida joins with Ala., Ga. in seeking closed water talks

Alabama, Florida and Georgia have agreed to at least one issue in their dispute over water -- that their talks on a water agreement should remain confidential.

The three states have been in federal court since 1990 fighting over water from the Apalachicola-Chattahoochee-Flint river system. Alabama and Georgia want water for cities, agriculture and industry while Florida wants water to maintain the seafood industry in Apalachicola Bay.

Florida Gov. Charlie Crist and the governors of Alabama and Georgia met Dec. 15 in Montgomery, Ala. and the states have agreed on to hold more meetings towards reaching a water-sharing agreement.

Earlier this week, the states asked a federal court to issue an order maintaining the confidentiality of the talks. Such an order "may encourage the open exchange of information and proposals necessary to address the issues at bar, and discourage the improper dissemination of the same."

The request, submitted by Attorney General Bill McCollum on behalf of Florida, does not say when the talks should be reopened or when the order should be lifted. Both McCollum and Crist launched open government initiatives in Florida after taking office in 2007.

David McLain, policy advisor to the Apalachicola Riverkeeper group, said a confidentiality order would restrict public participation by groups and individuals who would be affected by an agreement.

"We believe that is a mistake," McLain said. "It denies the fundamental premise we have always adhered to -- that is, good decisions are made with consultation to the stakeholders, those most directly affected by the outcome of the decisions."

"Once you bar public involvement and public openness to those views," he said, "you are on a slippery slope for sure."

The states' request indicates that outside interest groups could be brought into the process if they sign a confidentiality agreement. But McLain said such agreements also are not helpful to public participation.

Florida Department of Environmental Protection spokeswoman Dee Ann Miller responded that a confidentiality agreement "allows for free and open discussions without the fear of compromising ongoing litigation."

"We continue to seek stakeholder input and communication on the issue," she added.

Former Florida State University president Talbot "Sandy" D'Alemberte, a former president of the American Bar Association, said confidentiality sometimes is needed in such talks. In 2001, D'Alemberte was appointed as mediator by the states during closed talks in the water dispute when there was a legal compact requiring open meetings.

"If you had all that discussion in open proceedings and open negotiations and it was reported, it would just not be the candid exchange you want to have," D'Alemberte said. But he also added that there remains a danger of a deal being cut without the public being informed or having the opportunity to object.

(Story copyrighted by Bruce Ritchie and FloridaEnvironments.com. Do not copy or redistribute without permission.)

DEP says incineration, innovation can help reach 75-percent recycling goal

Florida can increase its recycling rate to 75 percent within 10 years by requiring more recycling at construction-waste landfills, implementing innovative new programs to reduce waste disposal and by counting waste-burning as recycling, according to a state report issued today.

The Legislature in 2008 established a statewide recycling goal of 75 percent by 2020. The goal, included in a comprehensive energy bill in 2008, also required that DEP produce a report by Jan. 1, 2010, with recommendations on achieving the goal.

Florida now recycles 28 percent of its waste statewide. The Legislature in 1988 set a 30-percent recycling goal for the state's larger cities and counties.

In its 35-page report issued today, DEP recommends that the new 75-percent goal be applied to counties with populations of more than 100,000 and cities with more than 50,000 people.

One of the largest gains in recycling could be controversial: Counting the 12 percent of waste burned each year in waste incinerators. That 12-percent has not been counted as recycling in the past but is allowed under the law setting the new recycling goal, DEP said.

The department also recommends that construction-waste landfills remove recyclable materials before they are buried. The statewide recycling rate could increase by 12 percent with increased recycling at construction-waste sites, the report says.

“The 75-percent recycling goal is the highest of any state,” DEP Secretary Michael W. Sole said in a department news release. “It will be a challenge to achieve, but it can be reached through partnerships among state government, local governments, trade organizations, schools, businesses and industries as well as the people of Florida.”

"Pay as you Throw" programs also could increase recycling statewide by 10 percent, according to the report. Such programs allow customers to pay less if they throw away less and have been used in Plantation and in Gainesville, where recycling increased by 25 percent in its first year.

Another 10 percent statewide increase could come from having more "single-stream recycling" facilities where recyclable materials are pulled out of the trash. Such facilities exist now in Orange County, Pembroke Pines and in Collier County, which increased recycling by 55 percent in 2005.

DEP also recommends requiring commercial recycling in large counties and cities to include apartments and condominiums and institutions including schools and hospitals. The department also recommends creating a recycling grants or loan program to help local governments reach the 75-percent goal.

Several waste industry representatives who attended DEP workshops on the recommendations declined to comment today because they had not yet read the report.

To view the report, go on the Web to www.dep.state.fl.us/waste/recyclinggoal75 .

(Story copyrighted by Bruce Ritchie and FloridaEnvironments.com. Do not copy or redistribute without permission.)

Looking back on 2009, and ahead to 2010

Here's a look at the Top 10 environmental stories from around Florida's Capitol in 2009 and a look at how those issues may play out in 2010:


1. Oil drilling -- Drilling off Florida's coastline faced bipartisan opposition until 2008, when Gov. Charlie Crist said he was open to the idea at the time he was being considered as a running mate for Sen. John McCain, the Republican presidential nominee. But the issue really took off in 2009 when the Florida House, during the next to last week of the session, approved a bill to allow drilling within three miles of Florida's Gulf Coast. The bill failed to win Senate approval. But debate re-ignited in the fall when drilling supporters created a well-funded campaign to support their effort.
Looking ahead: Drilling still has support from the House leadership but Senate President Jeff Atwater has asked for a careful study of the issue in 2010.

2. Florida Forever demise -- The state has purchased more than 2 million acres of land since 1990 under the Florida Forever land-buying program and its predecessor. That makes Florida Forever, which had received $300 million annually through 2008, the largest of any state or federal land-buying program. But in a tight budget year in 2009, the Legislature did not provide any money as the program faced criticism in the House and from Agriculture Commissioner Charles Bronson, who says he supports the program.
Looking ahead: Environmentalists remain hopeful they will get Florida Forever money in 2010 but must contend with opposition from Rep. Ralph Poppell, R-Vero Beach and chairman of the House Natural Resources Appropriations Committee.


3. Florida's "green governor" moves to the right -- Gov. Charlie Crist, who earned the moniker of Florida's "green governor" in 2007 by supporting action on climate change and opposing coal-fired power plants, moved decidedly to the right in 2009. Facing conservative opposition for a U.S. Senate seat from former House Speaker Marco Rubio, Crist practically dropped the environment from his vocabulary after announcing in May that he would seek federal office. He infuriated some environmentalists by suggesting that a fall special legislative session should include legislation to allow oil drilling. Responding to environmental criticism, Crist responded that he was looking out for the state's economy.
Looking ahead: Florida Department of Environmental Protection Secretary Michael Sole will continue to play a larger role in 2010 in voicing the Crist Administration's position on environmental issues.


4. Renewable energy, clean cars fail in legislative session -- In 2008, a comprehensive energy bill was praised by environmentalists and legislative leaders alike for making Florida a leader among states on energy issues. There was just one problem: The bill actually required very little. On two key issues -- renewable energy and automobile efficiency -- the bill required legislative approval before any standards were enacted. That gave industry lobbyists another shot at the issue, and this time the political climate had changed dramatically. The House refused to discuss a Senate bill that would have adopted the Public Service Commission recommendation that all utilities produce at least 20 percent of their energy from renewable resources by 2020. A Senate bill to adopt California's auto emission standards, as recommended by the Florida Department of Environmental Protection, stalled after being approved by just one committee.
Looking ahead: Other provisions of the 2008 bill also could stall in 2010. They include restrictions on industrial carbon emissions ("cap-and-trade") and increasing statewide recycling to 75 percent.

5. PSC controversies and energy conservation -- An electricity rate-hike request by Florida Power & Light Co. was an economic and consumer issue, not an environmental issue. But the controversy that was spawned by that proposal was used by environmental groups to gain a toehold in favor of energy conservation before the Florida Public Service Commission. One PSC staffer resigned after revealing that he attended a party held by a key FP&L official during the company's rate-hike request. News media reports revealed frequent cell phone text-messaging between representatives of utilities and PSC staffers. The Southern Alliance for Clean Energy, which had intervened in a review of conservation goals for utilities, said the controversies showed that the agency was seemingly under the spell of utilities and their paid experts, many of whom are former PSC members or staffers. With two of its five members being replaced by Gov. Charlie Crist, the panel agreed in December to require stricter conservation goals.
Looking ahead in 2010: Under the chairmanship of former state Sen. Nancy Argenziano, an outspoken critic of the PSC's approach towards utilities, there could be a sea-change within the agency.

6. Legislative rollbacks on growth, water permits -- Two bills that faced widespread opposition from environmental groups but support from industry were signed into law by Gov. Charlie Crist. SB 2080 allows water-management districts to approve some water-use permits without board hearings and votes. SB 360 qualified certain cities and counties as "dense urban" areas where certain development restrictions were lifted. Those restrictions required roads to be available or planned before new developments are approved. Crist signed SB 2080 but encouraged water districts to vote on permits in public anyway. And he defended SB 360 as a measure to help the state's economy.
Looking ahead: There may be legislation to reverse SB 2080 and require public hearings and votes on water permits. Legislators who supported SB 360 may seek to reverse DCA Secretary Tom Pelham's interpretation that the bill does not apply to locally-approved growth policies.

7. Numeric nutrient criteria -- Florida residents have watched the past two decades as springs and rivers have become choked with algae and coastal areas have been hit by red tide, perhaps caused by phosphorus and nitrogen. But the state has been slow to prevent or reverse the problem, environmental groups say. State regulations prohibit pollution discharges that cause an "imbalance" of plants, fish and wildlife.But the environmental groups, represented by the nonprofit Earthjustice law firm, say that narrative standard blocks the state from preventing problems before they occur. The Florida DEP and the U.S. Environmental Protection Agency last January agreed to replace the narrative standards with a numeric standard that sets limits on nutrients in water bodies. But an uproar didn't occur until after August, when Earthjustice and the EPA agreed that the federal agency -- and not the state -- would set the standards. Agriculture and industry groups along with Agriculture Commission Charles Bronson predict the EPA restrictions will cost billions of dollars for farmers, industry, local governments and sewage treatment utilities. But they failed to convince a federal judge to block the settlement. The judge said opponents could have their day in court once the federal limits are proposed.
Looking ahead: The EPA is scheduled to issue its limits on Jan. 14. Three public workshops are scheduled in Florida beginning Feb. 16 in Tallahassee.

8. Florida Hometown Democracy -- There may have never been a more controversial proposed constitutional amendment -- that wasn't even approved for the state ballot until this year. Amendment 4 on the 2010 ballot would require local voters to approve changes to growth policies and land-use maps contained in city and county comprehensive plans. The state Division of Elections in June agreed to put the measure on the ballot after supporters won a decisive case before the Florida Supreme Court. If approved, the amendment could create the need for an election campaign to win approval of most land-use changes. Supporters say Amendment 4 would wrest control of local planning decisions from development interests. Business groups say it would create economic gridlock.
Looking ahead: The public relations battle will heat up as the 2010 election draws closer.

9. Landmark decision in tri-state water war -- Alabama, Florida and Georgia have battled since 1990 over water from the Flint and Chattahoochee rivers, which flow together at the Florida line to create the Apalachicola River. In 2009, U.S. District Judge Paul A. Magnuson in June shook up the issue by ruling that Georgia cities, including Atlanta, had no legal authorization from Congress to take water from Lake Lanier, the huge federal reservoir in North Georgia. He gave the states three years to get approval from Congress before virtually shutting off the water valves in North Georgia. After talks among the three governors failed in 2008, Florida Gov. Charlie Crist agreed again to meet with Alabama Gov. Bob Riley and Georgia Gov. Sonny Perdue. Riley said after the meeting in Montgomery on Dec. 15 that the governors won't tell stakeholders much about a plan they are working on. But the next day, Florida DEP Secretary Michael Sole told stakeholders in an e-mail that the states had set an "aggressive schedule" to come up with an agreement and that stakeholders would be updated throughout the discussions.
Looking ahead: The coming weeks should tell whether the states can overcome their disagreements and if they do, whether the industries and farming groups, recreational users and the Florida seafood industry can support an agreement.


10. Florida Springs bill dies -- For four straight years, legislation to protect Florida's springs has been introduced in the Senate. And for the fourth straight year, it died without making it to the Senate floor in 2009. Many of Florida's hundreds of clear, blue springs have become choked with weeds and algae within the past 15 years as nitrogen levels in groundwater have increased. Scientists say that nitrogen comes from a variety of sources including lawn fertilizers, sewage treatment plants, septic tanks, livestock feed lots and dirty stormwater runoff from urban areas. Sen. Lee Constantine, chairman of the Senate Committee on Environmental Preservation, failed to win approval for his bill against strong opposition from home-builders and developers who said advanced septic tanks are too expensive, and from agricultural groups who support voluntary "best management" practices on farms.
Looking ahead: Springs supporters hope to rally public backing for legislation with a Feb. 16 rally at the Capitol. Constantine has made springs protection the focus of the Senate Select Committee on Florida's Inland Waters, which he now chairs.

Best of the rest:
Audubon of Florida vice president Eric Draper enters 2010 race for state agriculture commissioner, then drops out to devote attention to environmental issues.

DEP receives permit applications for biomass electric plants across the state.

The governor and Cabinet approve Progress Energy's request to build a nuclear plant in Levy County.

Florida Cabinet approves sweetheart land deal in Jefferson County.

DEP launches review of stream classification system, seeking to remove canals from meeting "fishable-swimmable" water quality requirements.

State purchase of U.S. Sugar Corp. land for Everglades restoration is scaled back.

(Story copyrighted by Bruce Ritchie and FloridaEnvironments.com. Do not copy or redistribute story or photos without permission).

Seminole withdraws proposed Putnam County coal plant

Environmental groups are applauding Seminole Electric Cooperative Inc.'s decision not to build a new coal-fired power unit at its generating in Putnam County.

Seminole Electric, which doesn't have retail customers but sells electricity wholesale to other utilities across Florida, proposed building a third coal-fired unit at its Seminole Generating Station six miles north of Palatka. But the company said in court papers filed Thursday that it no longer intends to build the new 750-megawatt unit.

"It was a business decision because of the uncertain regulatory and legal environment regarding coal-fueled generating facilities," Jeff Fela, senior public affairs representative at Seminole Electric Cooperative's Tampa headquarters, said Friday.

Coal plants are large carbon dioxide emitters and the U.S. Environmental Protection Agency said such greenhouse gases pose a public health threat.

Seminole and the Florida Department of Environmental Protection, which proposed a permit for the plant in 2008, faced opposition from the Southern Alliance for Clean Energy and the Florida Wildlife Federation.

"I think everyone accepts we are going to be moving into a carbon-constrained future," said George Cavros, a consultant to the Southern Alliance for Clean Energy. "Coal makes no economic sense in that future."

The proposed Seminole plant was the last of five coal plants that were proposed and withdrawn in the past five years, Cavros said.

“Seminole Electric did the right thing here,” Florida Wildlife Federation president Manley Fuller said in a statement. “It makes no sense to add new coal generating units in Florida when we’re finally moving to install renewable energy sources like solar.”

Fela said the plant would have provided needed baseload energy to accommodate growth. He said Seminole Electric hasn't decided how to proceed with replacing the project.

(Story copyrighted by Bruce Ritchie and FloridaEnvironments.com. Do not copy or redistribute without permission.)

Groups threaten suit over panther habitat

Two environmental groups served notice today that they plan to sue federal officials for failing to take steps to protect the Florida panther.

The only population of Florida panthers is located in Southwest Florida where they face loss of habitat from development and threats from traffic while crossing roads. Perhaps fewer than 120 exist there in the wild.

The Sierra Club and the Conservancy of Southwest Florida say the U.S. Fish and Wildlife Service failed to respond to a petition earlier this year requesting the designation "critical" habitat to protect the panther. The groups today submitted a notice with the federal agency saying they intend to sue within 60 days under the federal Endangered Species Act.

Instead of taking action, the federal agency "has allowed the petitions -- and the panther -- to continue to languish, even as habitat destruction and other threats to the panther's survival intensify," the letter said.

Agency spokesman Ken Warren in Vero Beach declined to respond to the letter, saying the agency typically doesn't comment publicly on legal matters. But he also said the agency is working to protect a larger area in Southwest Florida than the groups are seeking to have designated as critical habitat.


The groups point to a 2006 article in Biological Conservation by state and federal biologists and other researchers. The authors identified a "primary" zone, with the most important habitat, and a "secondary" zone that panthers could use more as the population grows. A "dispersal" zone is proposed that allows panthers to move outside of South Florida.

The primary zone covers about 3,500 square miles while the secondary zone covers about one-third that area, Warren said. The dispersal zone covers 44 square miles. The zones are located in seven south Florida counties: Dade, Broward, Palm Beach, Monroe, Lee, Hendry and Glades counties.

The Fish and Wildlife Service believes it is on a good path now working with partners to protect habitat, including restoration of the 55,000-acre Picayune Strand, Warren said.

"We haven't closed the door completely on establishing critical habitat," he said. "We continute to weigh the merits of doing so. The bottom line is if we decide designating critical habitat is truly in the best interest of the Florida panther we will do so."

(Photo courtesy of the U.S. Fish and Wildlife Service. Map used with permission of the author. Story copyrighted by Bruce Ritchie and FloridaEnvironments.com. Do no copy or redistribute without permission.)

Crist meets with Ala., Ga. governors on water-sharing

By The News Service of Florida
MONTGOMERY, Ala. -- Gov. Charlie Crist met with his two neighboring governors today in Alabama to renew efforts to resolve a dispute over water usage and the three emerged confident they'll resolve the dispute rather than let a federal judge's solution stand.

Gov. Bob Riley of Alabama and Gov. Sonny Perdue of Georgia, huddled with Crist in Montgomery hoping to get the states in position to work out a plan for sharing the water that comes from the Atlanta area through the Chattahoochee River and down into the Flint and Apalachicola Rivers.

At the Chattahoochee headwaters, Atlanta siphons off more water than the two downstream states say is fair. They need the water for power and for keeping a healthy seafood industry where the system dumps into the Gulf of Mexico.

Florida and Alabama say – and a federal judge recently agreed – that the system must benefit all three states and that Georgia has improperly taken too much water out of the reservoir at the upper end of the system.

The effort is particularly important for Georgia – which may see its own water use curtailed dramatically if the three states can't agree because of the judge's ruling earlier this year. But the court gave the states three years to work out a consensus solution before the judicial remedy would go into effect.

“I think everyone in Washington, at our state legislatures, I think everyone wants the governors to be able to work this out,” Alabama's Riley said following the meeting.

Few details of what the states want to see for a flow plan have emerged, but the governors said Tuesday that lawmakers in each state will likely have to approve any new water sharing agreement.

Riley said the governors won't tell the public or stakeholders much about the details of the negotiations. Asked if he could release any details, Riley simply said, “No.”

Riley said the states were seeking an apportionment of the water that “adequately reflects the needs of every one of our constituents.

“And if we get much more specific than that, then it's going to be something that adds an impediment to the success of our team,” Riley said in a news conference following the talks.

Perdue reiterated, however, that the govrernors have made an agreement to try to agree – rather than have the water flows revert to 1970s benchmarks, which would happen under the federal court ruling if the sides can't work out an alternative by the deadline. That would be a disaster for Atlanta, which has grown dramatically since the 1970s.

But while a new agreement may be most crucial for Georgia, Crist also expressed a strong desire to have the issue hammered out by the states, rather than accepting the federal judge's fallback solution.

“People expect us to get things done, they don't expect us to sit around and argue all day long,” Crist said. “They expect us to ... work together for the common good and for the greater good.”