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.
   12  Be It Enacted by the Legislature of the State of Florida:
   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 the
   49  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.
   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.