Florida Senate - 2017 SB 198 By Senator Stewart 13-00340-17 2017198__ 1 A bill to be entitled 2 An act relating to the Environmental Regulation 3 Commission; amending s. 20.255, F.S.; requiring the 4 Governor to make appointments to the commission within 5 a certain time frame; allowing for provisional 6 membership under certain circumstances; amending s. 7 403.805, F.S.; requiring certain proposed rules 8 submitted to the commission to receive a certain vote 9 total for approval or modification; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (6) of section 20.255, Florida 15 Statutes, is amended to read: 16 20.255 Department of Environmental Protection.—There is 17 created a Department of Environmental Protection. 18 (6) There is created as a part of the Department of 19 Environmental Protection an Environmental Regulation Commission. 20 (a) The commission shall be composed of seven residents of 21 this state appointed by the Governor, subject to confirmation by 22 the Senate. In making appointments, the Governor shall provide 23 reasonable representation from all sections of the state. 24 Membership shall be representative of agriculture, the 25 development industry, local government, the environmental 26 community, lay citizens, and members of the scientific and 27 technical community who have substantial expertise in the areas 28 of the fate and transport of water pollutants, toxicology, 29 epidemiology, geology, biology, environmental sciences, or 30 engineering. 31 (b) The Governor shall, within 90 days after the occurrence 32 of a vacancy on the commission, appoint a new member, subject to 33 confirmation by the Senate. 34 1. If the Legislature is in regular session when the 35 appointment occurs, the appointee may not become a member until 36 his or her appointment is confirmed. 37 2. If the Legislature is not in regular session when the 38 appointment occurs, the new member shall serve on the board 39 provisionally until such time as the member can be presented for 40 confirmation during the next legislative session. If the Senate 41 refuses or fails to confirm an appointment during the next 42 regular legislative session, the provisional member’s service 43 shall be immediately terminated and the Governor shall make a 44 new appointment subject to the same conditions. 45 (c) The Governor shall appoint the chair, and the vice 46 chair shall be elected from among the membership. All 47 appointments shall be for 4-year terms. 48 (d)
The Governor may at any time fill a vacancy for the49 unexpired term.The members of the commission shall serve 50 without compensation, but shall be paid travel and per diem as 51 provided in s. 112.061 while in the performance of their 52 official duties. Administrative, personnel, and other support 53 services necessary for the commission shall be furnished by the 54 department. The commission may employ independent counsel and 55 contract for the services of outside technical consultants. 56 Section 2. Subsection (4) is added to section 403.805, 57 Florida Statutes, to read: 58 403.805 Secretary; powers and duties; review of specified 59 rules.— 60 (4) Any proposed rule containing standards to be submitted 61 to the commission for approval, modification, or disapproval 62 pursuant to subsection (1) shall require a simple majority for 63 approval or modification, unless the rule pertains to any of the 64 following, in which case, approval or modification must be by a 65 supermajority of 5 votes: 66 (a) Air pollution. 67 (b) Water quality standards. 68 (c) Regulation of consumptive usage of water. 69 (d) Hazardous substance release notification. 70 (e) Ambient air quality standards. 71 (f) Emission standards for stationary sources. 72 (g) Surface water quality standards. 73 (h) Ground water classes, standards, and exemptions. 74 (i) Drinking water classes, standards, and exemptions. 75 76 Proposed rules that fail to receive the votes required for 77 approval or modification pursuant to this subsection are deemed 78 disapproved. 79 Section 3. This act shall take effect July 1, 2017.