Week two of Legislative Session saw committee activity ramp up as bills began to make their way through committee stops on the journey to the Senate and House floors. This week saw both the good and the bad for coastal and ocean legislation.
First up, the bad! SB1822/HB565 Regulation of Auxiliary Containers is back in an attempt to further expand and entrench the statewide preemption of single-use plastics that has been in effect in the state since 2008. Under current law, local governments are prevented from regulating most single-use plastics, which has contributed to the plastic pollution crisis piling up in the state. If that wasn’t bad enough, this proposed legislation would update the definition of auxiliary containers to more than just single-use plastic to include reusable boxes, bottles, cups, or other packaging sourced from a variety of materials (including glass!) – and prohibit local governments from regulating any of these items. This bill would gut home rule on the regulation of these items and render Florida's communities unable to address plastic pollution legislatively. The bill would also negate any existing local ordinances permissible under current state law and impact single-use plastics rules for state parks.
HB565, sponsored by Representative Omar Blanco, was on the agenda of the House Natural Resources and Disasters Subcommittee on Tuesday, March 11. Alongside our partners in the state, the Surfrider Florida network activated to make countless calls and emails to the committee members urging them to vote no on this bill. Surfrider provided public comment at the committee meeting about the waste management crisis facing the state, the way plastic pollution contributes to this problem, and Floridians’ desire for a solution. Despite these efforts, the committee voted the legislation through 13-5. Notably, there were key questions and debate from committee members regarding the Department of Environmental Protection’s 2010 and 2021 studies showing the majority of Floridians want action on plastics, the significant negative economic impacts of plastic pollution in the state, and undermining local governments’ home rule through more preemption.
As we continue to monitor and oppose HB565 in the House, we are also speaking out against the identical Senate bill (SB1822), sponsored by Senator Jonathan Martin. SB1822 is on the agenda for the Senate Environment and Natural Resources Committee on Monday, March 17, at 4:00pm. We encourage you to TAKE ACTION TODAY and call members of the committee to urge them to vote NO on SB 1822.
And now, the good! HB371/SB50 Nature-Based Methods for Improving Coastal Resilience seeks to improve implementation of nature-based projects for coastal resilience efforts across the state. HB371, sponsored by Representative Jim Mooney, was up in the House Natural Resources & Disaster Subcommittee on Tuesday, March 11. During committee, the bill was amended to focus the language on requiring FDEP to create guidelines for the implementation of nature-based projects like mangrove planting and restoration, native shoreline vegetation, and living shorelines. The amended bill also streamlines directives for Florida Flood Hub to develop standards and guidelines for optimal combinations of green and gray infrastructure and produce a report for the Florida legislature. The bill requires consideration of strategies to minimize impact to mangroves and native shoreline vegetation. Surfrider supports this bill and its focus on better guidance and instruction for local governments, communities, and stakeholders considering and undertaking nature-based solution efforts to improve coastal resiliency. The amended bill was passed unanimously by the committee.
On the Senate side, SB50 (sponsored by Senator Ileana Garcia) saw its final committee stop in the Senate Rules Committee. SB50 is broader than CS/HB371 with requirements for FDEP rulemaking related to some nature-based methods (including mangrove planting and dune vegetation) as well as infrastructure-focused provisions. The bill instructs Florida Flood Hub to develop guidelines and standards for hybrid green-gray infrastructure to be used in FDEP rulemaking and permitting. The bill also requires FDEP to conduct a statewide feasibility study on nature-based methods and coastal flood reduction. While the Senate bill contains important provisions for nature-based methods, the breadth of the bill also contains the explicit inclusion of “living seawalls,” technologies like 3D printing, and other infrastructure-related provisions that would require close monitoring in implementation to ensure they do not jeopardize our sandy beaches and natural coasts. SB50 passed the Rules Committee unanimously, its final Committee stop before eligibility for the Senate floor.
Next week is shaping up to be a busy one for Surfrider in Tallahassee. On Monday, we will be at the Senate Environment and Natural Resources Committee to oppose SB1822 Regulation of Auxiliary Containers. Lend your voice to opposing this bill and contact Committee members today. We will also be supporting SB1148 Carbon Sequestration Task Force, sponsored by Senator Ana Maria Garcia, which would establish a task force in DEP aimed at creating a state-level carbon sequestration program that would incentivize land and water management activities and policies that sequester carbon, including blue carbon.
On Tuesday and Wednesday, Surfrider advocates from across the state and our partners will be in Tallahassee to meet with their decision makers and advocate for our ocean and coasts during Florida Healthy Beaches Day! Stay tuned for more updates from session and Florida Healthy Beaches Day.