Florida Senate - 2017                              CS for SB 198
       By the Committee on Environmental Preservation and Conservation;
       and Senators Stewart and Rodriguez
       592-02751-17                                           2017198c1
    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 appoint a new member to the commission
    5         within a certain timeframe after the occurrence of a
    6         vacancy; amending s. 403.805, F.S.; requiring certain
    7         proposed rules submitted to the commission to receive
    8         specified vote totals for approval or modification;
    9         providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (6) of section 20.255, Florida
   14  Statutes, is amended to read:
   15         20.255 Department of Environmental Protection.—There is
   16  created a Department of Environmental Protection.
   17         (6) There is created as a part of the Department of
   18  Environmental Protection an Environmental Regulation Commission.
   19         (a) The commission shall be composed of seven residents of
   20  this state appointed by the Governor, subject to confirmation by
   21  the Senate. In making appointments, the Governor shall provide
   22  reasonable representation from all sections of the state.
   23  Membership shall be representative of agriculture, the
   24  development industry, local government, the environmental
   25  community, lay citizens, and members of the scientific and
   26  technical community who have substantial expertise in the areas
   27  of the fate and transport of water pollutants, toxicology,
   28  epidemiology, geology, biology, environmental sciences, or
   29  engineering.
   30         (b)The Governor shall, within 90 days after the occurrence
   31  of a vacancy on the commission, appoint a new member, subject to
   32  confirmation by the Senate.
   33         (c) The Governor shall appoint the chair, and the vice
   34  chair shall be elected from among the membership. All
   35  appointments shall be for 4-year terms.
   36         (d)The Governor may at any time fill a vacancy for the
   37  unexpired term. The members of the commission shall serve
   38  without compensation, but shall be paid travel and per diem as
   39  provided in s. 112.061 while in the performance of their
   40  official duties. Administrative, personnel, and other support
   41  services necessary for the commission shall be furnished by the
   42  department. The commission may employ independent counsel and
   43  contract for the services of outside technical consultants.
   44         Section 2. Subsection (4) is added to section 403.805,
   45  Florida Statutes, to read:
   46         403.805 Secretary; powers and duties; review of specified
   47  rules.—
   48         (4)Any proposed rule containing standards to be submitted
   49  to the commission for approval, modification, or disapproval
   50  pursuant to subsection (1) requires a simple majority for
   51  approval or modification, unless the rule pertains to any of the
   52  following, in which case approval or modification must be by a
   53  super majority of five votes:
   54         (a)Air quality standards.
   55         (b)Water quality and quantity standards.
   57  Proposed rules that fail to receive the votes required for
   58  approval or modification pursuant to this subsection are deemed
   59  disapproved.
   60         Section 3. This act shall take effect July 1, 2017.