Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 198
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2017           .                                

       The Committee on Environmental Preservation and Conservation
       (Stewart) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 20.255, Florida
    6  Statutes, is amended to read:
    7         20.255 Department of Environmental Protection.—There is
    8  created a Department of Environmental Protection.
    9         (6) There is created as a part of the Department of
   10  Environmental Protection an Environmental Regulation Commission.
   11         (a) The commission shall be composed of seven residents of
   12  this state appointed by the Governor, subject to confirmation by
   13  the Senate. In making appointments, the Governor shall provide
   14  reasonable representation from all sections of the state.
   15  Membership shall be representative of agriculture, the
   16  development industry, local government, the environmental
   17  community, lay citizens, and members of the scientific and
   18  technical community who have substantial expertise in the areas
   19  of the fate and transport of water pollutants, toxicology,
   20  epidemiology, geology, biology, environmental sciences, or
   21  engineering.
   22         (b)The Governor shall, within 90 days after the occurrence
   23  of a vacancy on the commission, appoint a new member, subject to
   24  confirmation by the Senate.
   25         (c) The Governor shall appoint the chair, and the vice
   26  chair shall be elected from among the membership. All
   27  appointments shall be for 4-year terms.
   28         (d)The Governor may at any time fill a vacancy for the
   29  unexpired term. The members of the commission shall serve
   30  without compensation, but shall be paid travel and per diem as
   31  provided in s. 112.061 while in the performance of their
   32  official duties. Administrative, personnel, and other support
   33  services necessary for the commission shall be furnished by the
   34  department. The commission may employ independent counsel and
   35  contract for the services of outside technical consultants.
   36         Section 2. Subsection (4) is added to section 403.805,
   37  Florida Statutes, to read:
   38         403.805 Secretary; powers and duties; review of specified
   39  rules.—
   40         (4)Any proposed rule containing standards to be submitted
   41  to the commission for approval, modification, or disapproval
   42  pursuant to subsection (1) requires a simple majority for
   43  approval or modification, unless the rule pertains to any of the
   44  following, in which case approval or modification must be by a
   45  super majority of five votes:
   46         (a)Air quality standards.
   47         (b)Water quality and quantity standards.
   49  Proposed rules that fail to receive the votes required for
   50  approval or modification pursuant to this subsection are deemed
   51  disapproved.
   52         Section 3. This act shall take effect July 1, 2017.
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete everything before the enacting clause
   57  and insert:
   58                        A bill to be entitled                      
   59         An act relating to the Environmental Regulation
   60         Commission; amending s. 20.255, F.S.; requiring the
   61         Governor to appoint a new member to the commission
   62         within a certain timeframe after the occurrence of a
   63         vacancy; amending s. 403.805, F.S.; requiring certain
   64         proposed rules submitted to the commission to receive
   65         specified vote totals for approval or modification;
   66         providing an effective date.