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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: N.3
Agenda Item Summary #2939
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292-4444
11:00 A.M.
AGENDA ITEM WORDING: Discussion and approval of the Monroe County 2017 Federal
Legislative Agenda.
ITEM BACKGROUND:
Each year, the County develops a legislative agenda as an advocacy tool at State and Federal levels
Attached for your review and approval is the 2017 Federal Legislative Agenda.
County staff, with the assistance of the County's contract federal lobbying firm, Van Scoyoc
Associates, has provided a draft list if substantive federal legislative priorities and general issues for
the 115th Congress, and welcomes the addition or deletion of issues that the Board deems appropriate
for the County's 2017 legislative efforts. For informational purposes, staff has included background
and discussion on many of the legislative issues listed.
Proposed spending reductions in programs important to Monroe, such as those under EPA and
NOAA, and reauthorization of the National Flood Insurance Program are 2017 legislative priorities.
Funding for PILT and FKWQIP, as well as Everglades Restoration and the health of the Florida Bay
remain additional priorities.
Upon Board approval, staff and the contract lobbying team will pursue the legislative issues
approved at the Board, and in so doing, place appropriate priority on the issues that the Board directs
to receive a special level of attention in 2017.
As a member of the Southeast Regional Climate Change Compact, Monroe also supports the
Compact's annual legislative agenda that advocates for state and federal action related to energy and
climate issues. The BOCC reviewed and approved the Compact's 2017 federal legislative agenda at
its January 2017 meeting.
The proposed 2017 federal agenda is attached, as are various BOCC letters and resolutions passed
and forwarded in furtherance of the County's federal priorities.
PREVIOUS RELEVANT BOCC ACTION:
0 Approval of the 2016 Legislative Agenda, March 2016
• Approval of the Southeast Regional Climate Change Compact Federal Legislative Agenda,
January 2017
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2017 Monroe County Federal Agenda for May BOCC
2017 Fed Agenda Back Up Resos and Letters
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Bob Shillinger Completed 05/02/2017 1:55 PM
Kathy Peters Completed 05/02/2017 6:39 PM
Board of County Commissioners Pending 05/17/2017 9:00 AM
Monroe County, Florida
2017 Federal Legislative Agenda
Prepared by Van Scoyoc Associates for the
Monroe County Commission
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Roman Gastesi, County Administrator
Lisa Tennyson, Legislative Affairs and Grants Acquisition Director
Questions regarding the information in this book may be directed to:
Greg Burns
(202) 737-8162
March 2017
Lisa Tennyson
(305) 292-4444
Table of Contents
Federal Legislative Agenda Summary Page 1
Primary Issues
1.
Proposed Spending Reductions
Page
4
2.
National Flood Insurance Program
Page
6
3.
Water Quality
Page
9
4.
Land Acquisition
Page
11
5.
Payments In Lieu of Taxes
Page
15
6.
Everglades Restoration and the Health of Florida Bay
Page
17
7.
Naval Air Station, Key West Base Realignment and Closure
Page
20
Transvortation
8. Federal Aviation Administration — Authorization and Issues
Page
22
9. Transportation Authorization
Page
25
10. Infrastructure Investment
Page
26
Enemy & Environment
11. RESTORE Act
Page
28
12. Climate Change and Sea Level Rise
Page
30
13. Waters of the United States and Regulatory Reform
Page
32
14. Energy Exploration
Page
34
15. Oil Spill Protection
Page
37
16. Property Assessed Clean Energy Legislation
Page
39
Social Services
17. Continuum of Care Program — Federal Homeless Assistance Page 40
18. Aging Issues Page 42
19. Social Services Block Grant Program Page 43
20. Mental Health Care Page 44
Public Safety
21. Public Safety Programs Page 45
General Government Issues
22. Tourist Development Taxes Page 47
23. Remote Sales -Tax Legislation Page 49
24. Tax -Exempt Bonds Page 51
VAN BCOYOC
ASSOCIATES
Monroe County
2017 Federal Legislative Agenda
Primary Issues
Proposed Spending Reductions and Program Eliminations
Oppose cuts to non -defense discretionary programs of importance to Monroe County. Monitor tax
reform for potential significant impacts to revenue projections, precipitating additional spending cuts
National Flood Insurance Program
Support efforts to improve the National Flood Insurance Program for the benefit of all participants.
Oppose H.R. 1422 and S. 563 due to its allowance that surplus lines insurance companies can write
private flood insurance given that they are not subject to the same oversight as admitted insurance
carriers. Monitor FEMA's implementation of the Homeowner Flood Insurance Affordability Act.
Support the creation of a National Catastrophe Fund. Support increased funding for the Hazard
Mitigation Assistance grant programs, including the Flood Mitigation Assistance Grant Program and the
Pre -Disaster Mitigation Grant Program, as well as increased funding for the Disaster Relief Fund.
Water Quality
Support full funding of the Florida Keys Water Quality Improvements Program via the FY 2017 Army
Corps of Engineers Work Plan. Support continued additional funding for Army Corps of Engineers
environmental infrastructure projects in FY 2018 and future fiscal years. Support Monroe County's
efforts and activities related to canal restoration.
Land Acquisition
Support efforts by federal agencies to acquire appropriate properties to mitigate environmental resource
or military encroachment concerns in Monroe County. Support a $900 million annual appropriation from
the Land and Water Conservation Fund. Support future mandatory funding for the Land and Water
Conservation Fund. Support increased funding of the Department of Defense's Readiness and
Environmental Protection Integration program.
Payments In Lieu of Taxes
Support full, long-term mandatory funding of the Payments hi Lieu of Taxes (PILT) program, which
enables local governments to rely upon PILT funds when budgeting.
Everglades Restoration and the Health of Florida Bay
Support efforts to improve the health of Florida Bay by restoring adequate fresh water flows through the
Everglades. Support full completion of the C-111 Canal suite of projects. Support completion of the
Modified Waters Delivery suite of projects and improved operational plan, including further modification
to Tamiami Trail. Support future construction of the Central Everglades Planning Project.
Naval Air Station, Key West Base Realignment and Closure
Monitor activities related to the Department of Defense Base Closure and Realignment Commission for
potential impacts to Naval Air Station, Key West.
Transportation
Federal Aviation Administration - Authorization and Issues
Support $3.35 billion in annual appropriations for the Airport Improvement Program. Support Monroe
County's grant proposals for funding through the FAA Airport Improvement Program. Support an
increase in the passenger facilities charge cap from $4.50 to $8.50. Oppose the elimination of the Law
VAN SCOYOC
ASSOCIATES
Enforcement Officer Reimbursement Program. Support the removal or relocation of the non -directional
beacon at Higgs Beach. Support continued efforts to establish a joint -use airport at Naval Air Station
Key West. Support federal funding for sound attenuation activities around military air facilities.
Transportation Authorization
Monitor proposed changes to federal highway programs. Monitor efforts to enhance federal
transportation revenue streams. Support the continuation of dedicated bridge funding through the Surface
Transportation Program or other avenues. Support opportunities to secure funding for Monroe County's
priorities via federal highway legislation or other means.
Infrastructure Investment
Support new federal investment in infrastructure. Support any and all opportunities to secure funding for
Monroe County's infrastructure priorities.
Enemy & Environment
RESTORE Act
Monitor federal implementation of the RESTORE Act to ensure continued benefit to Monroe County
Support efforts to secure funding for Monroe County.
Climate Change and Sea Level Rise
Monitor federal climate change legislation and executive actions. Support federal efforts to address
climate change and mitigate sea level rise. Support the federal legislative priorities of the Southeast
Florida Regional Climate Change Compact.
Waters of the United States and Regulatory Reform
Monitor activity related to the implementation of the EPA's rule on Waters of the U.S. Monitor activity
related to regulatory reform.
Energy Exploration
Oppose relaxation of the prohibition against leases on permits for drilling oil or gas wells within the
boundaries of Florida's territorial seas. Oppose legislation that would prevent the Florida Department of
Environmental Protection from blocking requests for offshore drilling in federal waters off Florida's
coast. Oppose seismic surveying within the Everglades, surrounding critical areas, or any other federal
lands. Oppose efforts to ease restrictions on hydraulic fracturing and other oil and gas extraction
activities.
Oil Spill Protection
Support revisions to the Oil Pollution Act of 1990 and other associated laws to ensure that local
governments may act as first responders in an effort to protect local communities, and be reimbursed for
their actions undertaken to protect their resources and restore damaged areas during oil spill events, and
the Oil Spill Liability Trust Fund is capable of addressing Spills of National Significance where there is
no financially viable or legally responsible party.
Property Assessed Clean Energy Legislation
Support legislation and guidelines that would allow for the creation of residential and commercial PACE
programs in Monroe County to finance a number of home and commercial property improvement projects
including energy efficiency, flood mitigation, or hurricane protection.
VAN SCOYOC
ASSOCIATES
Social Services
Continuum of Care Program — Federal Homeless Assistance
Support continued adequate annual funding for Department of Housing and Urban Development
Homeless Assistance Grants, particularly for the Continuum of Care Program.
Aging Issues
Support continued adequate annual funding for Older Americans Act programs that support critical social
service programs serving elder persons in Monroe County.
Social Services Block Grant
Support continued adequate funding for the Social Services Block Grant program.
Mental Health Care
Support legislation that responsibly expands treatment options and support for the mentally ill.
Public Safety
Public Safety Programs
Support continued funding for the wide variety of DOJ and DHS grants, i.e., Community Oriented
Policing Services, Byrne Justice Assistance Grants, Emergency Management Preparedness Grants,
Assistance to Firefighters Grants, Staffing for Adequate Fire and Emergency Response Grants, Urban
Areas Security Initiative grants, and other security -specific grants. Support any Monroe County
applications for these funds. Support federal funding for the construction of Emergency Operations
Centers.
General Government Issues
Tourist Development Taxes
Oppose legislation that would exempt online travel brokers from paying taxes on the full room rate paid
by the consumer, thereby costing Monroe County the opportunity to collect appropriate tourist
development taxes from visitors to the region.
Remote Sales -Tax Legislation
Support legislation that requires companies making catalog and internet sales to collect and remit the
associated taxes. Support federal tax policies that maintain revenue streams to local governments.
Tax -Exempt Bonds
Oppose legislation that would threaten the tax exemption on state and local bonds, including a 28 percent
cap on tax-exempt municipal bonds.
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FEDERAL ISSUE: Proposed Spending Reductions and Program Eliminations
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: In mid -March, the Trump
Administration released its so-called Fiscal Year (FY) 2018 "skinny" budget, a 62-page document that
very generally proposes overall spending levels for the federal government for the next fiscal year.
Among those agencies that fare best include the departments of Defense (10% increase), Homeland
Security (6.8% increase), Veterans Affairs (5.9% increase), and the National Nuclear Security
Administration (an 11% increase - imbedded in the Energy Department budget, which gets an overall
decrease of 5.6%). Meanwhile, those agencies that face the most significant budget reductions include
the following: EPA (31.4%), HHS (16.2%), State/U.S. AID (28%), Labor (20+%), Agriculture (21%),
Transportation (12%), Commerce (16%), Education (13%), HUD (13.2%), Interior (12%). The President
is expected to release a full FY 2018 budget in late May that will provide more detail regarding individual
programs.
Shortly after the release of the "skinny" budget, the Administration released a supplemental spending
request for FY 2017 that also proposes to cut several programs of importance to Monroe County.
Congress ultimately funds the government and can ignore much of what the President has recommended,
but the FY 2017 supplemental and FY 2018 budget proposes so many reductions or whole elimination of
programs while significantly boosting spending in other areas (defense, a southern wall, for instance) that
many members of Congress support. Therefore, it will be difficult to restore all funding to domestic
agencies or programs of importance. If a piece of the pie gets bigger, the entire pie is not likely to grow —
instead other pieces will get smaller.
Among other things, following are several areas of concern to Monroe County in the FY 2017
supplemental and FY 2018 "skinny" budget. They include:
The National Flood Insurance Program (NFIP) is impacted in two ways by the Administration's
FY 2018 proposal. The first is a suggestion to restructure the program "to ensure that the cost of
Government services is not subsidized by taxpayers who do not directly benefit from those
programs". Although there is no additional detail provided, it is essential that flood insurance
remain affordable for our citizens. The second change to the NFIP is a proposal to eliminate the
appropriation for the NFIP's Flood Hazard Mapping Program and potentially pay for these
activities by adding another surcharge onto NFIP policies. With over 30,000 NFIP policies in
force in Monroe County, on both commercial and residential properties, the affordability and
stability of the NFIP is of vital importance to the County.
The proposed reduction of funding for Payment In Lieu of Taxes (PILT) in FY 2017 by $80
million from the amount currently proposed by both the House and the Senate, as well as
continued reductions in FY 2018 would have a detrimental impact to the County. Approximately
19% of the County's land is eligible for compensation through PILT. In FY 2016, the County
received just over $1.1 million dollars in PILT payments.
Reduced funding to the Army Corps of Engineers by over $100 million for FY 2017 and by $1
billion in FY 2018 will directly impact projects important to the County, such as the Florida Keys
Water Quality Improvements Program (FKWQIP) and the restoration of the Everglades.
The elimination of nearly $150 million in National Oceanic and Atmospheric Administration
(NOAA) grants in FY 2017 and cuts to grants and programs for coastal and marine management,
including the Sea Grant program, of over $250 million in FY 2018 would detrimentally impact
VAN BCOYOC
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the condition of our coastline and the health of the marine ecosystem, especially in the Florida
Keys National Marine Sanctuary.
A 31 percent cut to the EPA that reportedly will include laying off 25 percent of the agency's
workforce and eliminating 56 programs. This includes the elimination of programs such as:
o Climate Protection Program (224 FTE's)
o Nonpoint Source grant program
o National Estuary Program/Coastal Waterways (43 FTE's)
The elimination of the Department of Energy's Weatherization Assistance Program which
enables low-income families to reduce their energy bills by making their homes more energy
efficient.
While it is hard to know exactly how seriously to take these proposed cuts, it is clear there is significant
pressure to reduce domestic discretionary spending (as opposed to military or non -discretionary programs
like Social Security).
Sequestration
Another threat to discretionary spending is sequestration. The Budget Control Act (passed in 2011)
established budgetary caps in law for discretionary spending — one cap for defense accounts and another
for non -defense accounts — through FY 2021. The penalty for spending over the caps is a sequestration of
funds to ensure spending is in line with the budgetary caps established in law. Sequestration would result
in a percentage -based cut to every account, program and project funded by discretionary spending.
For FY 2018, many members of Congress are concerned about the discretionary spending caps being too
restrictive. Since the budget caps are established by law, Congress has the power to change the law to
allow for higher spending levels. They did this in October 2015 when they reached a budget deal for FY
2016 and FY 2017 for new top -line spending levels.
Some lawmakers believe the best path forward for FY 2018 is to pass a budget resolution and write
appropriations bills to the sequestration spending levels established in law and negotiate a "better" budget
deal later in the year when it becomes obvious that the spending bills do not have the votes to pass
Congress, similar to what happened in FY 2016.
Another concern regarding sequestration and spending caps is the potential for the Administration and
Congress to attempt to violate the "firewall" between defense and non -defense spending. The rationale
for creating separate top -line spending levels for defense and non -defense programs was to mitigate
concerns that there would be attempts to skew the spending allocation in favor of defense. While the
"firewall" is established in law, that does not mean that efforts will not be made to enact changes to allow
for a boost to the military budget at the expense of non -defense discretionary spending.
Tax Reform
Finally, with tax reform discussed as a focal point likely in the fall and winter of 2017, Congress must be
prepared to anticipate lower levels of revenue coming into the federal government, thereby precipitating
potential spending reductions as well.
RECOMMENDED POSITION: Oppose cuts to non -defense discretionary programs of importance to
Monroe County. Monitor tax reform for potential significant impacts to revenue projections,
precipitating additional spending cuts.
VAN BCOYOC
ASSOCIATES
FEDERAL ISSUE: National Flood Insurance Program
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: In 1968, Congress established the
National Flood Insurance Program (NFIP) to address the nation's flood exposure. A three -prong
floodplain management and insurance program was created to (1) identify areas across the nation most at
risk of flooding; (2) minimize the economic impact of flooding events through floodplain management
ordinances; and (3) provide flood insurance to individuals and businesses.
Until 2005, the NFIP was self-supporting, as policy premiums and fees covered expenses and claim
payments. Today, the program is roughly $25 billion in debt due to a number of large storms.
In mid-2012, Congress passed, and the President signed, the Biggert-Waters Flood Insurance Act
(BW 12), a 5-year reauthorization of the NFIP that attempted to restore the program to firmer financial
footing by making several changes to the program that impacts the County's residents.
Then, in early 2014, the Homeowner Flood Insurance Affordability Act (HFIAA), was enacted to address
some of the so-called unintended consequences of BW 12. While HFIAA delayed many of the premium
increases implemented by BW 12, in the long run, the only real difference between rate increases
envisioned by the two bills is that HFIAA reinstated grandfathering. This provision originally ended by
BW 12 allows property owners to pay flood insurance rates based on original risk, not that which is
determined by new community flood maps.
Authorization of the NFIP expires September 30, 2017, which means the 115th Congress will need to
address the program this year. Reauthorization will likely include reforms to the NFIP.
Monroe County Position
Monroe County supports reauthorization of the National Flood Insurance Program (NFIP) with
legislative, policy and programmatic modifications to improve the affordability and transparency of the
program through reforms in the following areas:
1) Affordability/Rate Structure
a. Maintain a focus on affordability; however, if rates must rise, provide a more
reasonable glide path for all properties
b. Ensure rates are consistent for all properties, including second homes and businesses
c. Ensure NFIP rates are not excessive or unfair by making the rate -setting process
more transparent to the public
2) Programmatic Modifications to Enhance NFIP's Financial Sustainability
a. Consider Write -Your -Own reforms including reducing commissions while further
incentivizing NFIP policy sales efforts
b. Encourage greater participation by those outside of the 100-year floodplain via
expanded use of the Preferred Risk Policy
c. Further strengthen enforcement responsibilities to ensure those in the 100-year
floodplain have and maintain flood insurance
d. Privatization that maintains affordability and requires whole profile of risk (no cherry
picking)
3) Mitigation
a. Increase funding for existing flood mitigation programs
18 $3��
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b. Establish tax credits for mitigation efforts
c. Consider voucher/loan programs to further emphasize mitigation, particularly for
lower -income participants
Affordability Study
In 2015, the National Academy of Sciences released two reports on Affordability of National Flood
Insurance Program Premiums. Overall the reports left many questions unanswered, indicating that many
decisions must be made by policy makers (Congress, in this case) and that the report's specific and clear
guidance is limited due to a lack of data.
The reports focus in a highly technical manner on examining options for providing premium assistance to
certain NFIP policyholders and suggest tying such assistance to mitigation grants or loans. Specifically,
the second report found that "linking mitigation with premium assistance can lead to property owners
having a cost effective combination of mitigation and insurance coverage." The reports do not simply
suggest ways to arbitrarily lower flood insurance policy costs across the board.
Now that the affordability study is complete, FEMA is expected to propose an affordability framework to
Congress by the summer of 2017.
Flood Insurance Legislation
Rep. Curbelo has reintroduced his legislation from last Congress, H.R. 1401, the Flood Insurance Fairness
Act that would extend the level of rate increases offered to primary homeowners under HFIAA to all
property owners, particularly addressing concerns with second homeowners and business owners who
may otherwise face exorbitant flood insurance rate increases.
Meanwhile, Reps. Dennis Ross (R-FL) and Kathy Castor (D-FL) reintroduced H.R. 1422, the Flood
Insurance Market Parity and Modernization Act. This bill seeks to clarify provisions in BW 12 that
private flood insurance products would be regulated by individual states instead of the federal
government, which is perceived to be better for insurers and is expected to create more opportunity for
private insurance to proliferate. The bill was passed in the last Congress by the House, but never
proceeded in the Senate. Senators Dean Heller (R-NV) and Jon Tester (D-MT) have introduced S. 563,
which is cosponsored by Sen. Rubio as companion legislation in that body.
There are positive provisions in H.R. 1422 and S. 563, such as reinforcing the need for lenders to verify
and ensure that homeowners maintain flood insurance for the duration of a mortgage loan, and allowing
for continuous coverage with no penalties if a person purchases to private flood insurance and then
chooses to again purchase from the NFIP. However, there are concerns that the legislation may allow the
surplus lines market to write private flood insurance policies, which are not subject to the same oversight
as admitted insurance carriers. A U.S.-based surplus lines insurance company is only an admitted insurer
in at least one state. Monroe County only supports admitted insurance companies writing private flood
insurance policies. It is expected that this legislation will be part of any House NFIP reauthorization
effort.
National Catastrophe Fund
One option that could be used in place of traditional flood insurance would be the creation of some sort of
a national catastrophe fund. While this idea has often been touted by groups outside of Congress, the past
several Congresses have passed with no meaningful action on, or discussion of the issue. It is unlikely to
be a focus of the 115th Congress.
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Mitigation Grant Programs
Separate from the NFIP, there are several federal assistance programs from which the County may benefit
that provide funding to states and local governments for mitigation activities. Specifically, the Hazard
Mitigation Assistance (HMA) grant programs offer the following opportunities:
• The Hazard Mitigation Grant Program (HMGP) provides grants to implement long-term hazard
mitigation measures after a major disaster declaration by the President. HMGP funding is based
on each disaster and is provided through FEMA's Disaster Relief Fund (DRF). The DRF was
funded at $7 billion in FY 2015 and $7.37 billion in FY 2016.
• The Flood Mitigation Assistance Grant Program (FMA) assists states and local governments in
their efforts to reduce or eliminate the risk of repetitive flood damage to buildings and structures
insurable under the NFIP. Both planning and implementation grants are available. The FMA
program was provided $150 million in FY 2015. For FY 2016, Congress provided the program
with $175 million.
• The Pre -Disaster Mitigation Grant Program (PDM) provides resources to assist state and local
governments reduce overall risk to life and property from future disasters. Congress funded the
program at $100 million in FY 2016, which is still a significant increase from the FY 2015
funding level of $25 million.
Local Activity
Mayor Carruthers has been nominated to serve as Florida's representative on the National Association of
Counties' (NACO) NFIP Working Group tasked with developing policy recommendations for NACO to
help address the NFIP. Meanwhile, the Florida Association of Counties has helped to lead a statewide
response to NFIP reauthorization.
RECOMMENDED POSITION: Support efforts to improve the National Flood Insurance Program for
the benefit of all participants. Oppose H.R. 1422 and S. 563 due to its allowance that surplus lines
insurance companies can write private flood insurance given that they are not subject to the same
oversight as admitted insurance carriers. Monitor FEMA's implementation of the Homeowner Flood
Insurance Affordability Act. Support the creation of a National Catastrophe Fund. Support increased
funding for the Hazard Mitigation Assistance grant programs, including the Flood Mitigation Assistance
Grant Program and the Pre -Disaster Mitigation Grant Program, as well as increased funding for the
Disaster Relief Fund.
VAN BCOYOC
ASSOCIATES
FEDERAL ISSUE: Water Quality
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: As population and tourism have
increased in the Florida Keys, wastewater and stormwater practices have not kept pace until recently.
Research suggests that this has led to the degradation of water quality in canals and nearshore waters
surrounding the Keys. Nutrients commonly found in wastewater and stormwater are one of the major
contributors to the decline in water quality in the Florida Keys National Marine Sanctuary (FKNMS).
Florida Keys Water Quality Improvements Program
For these reasons, Congress directed the U.S. Army Corps of Engineers to assist with implementation of
infrastructure improvements in the Florida Keys to improve nearshore water quality within the Sanctuary
In 2001, Public Law 106-554 authorized the Florida Keys Water Quality Improvements Program
(FKWQIP), whereby the Corps may provide up to $100 million in technical and financial assistance to
carry out projects for the planning, design, and construction of treatment works to improve water quality
in the Sanctuary. The primary purpose of this effort is to improve water quality in the Florida Keys
through implementation of several wastewater and stormwater master plans previously prepared for
Monroe County and various municipalities within Monroe County. The South Florida Water
Management District is the non-federal Sponsor for FKWQIP. In September 2006, the Corps completed
a Project Management Plan to guide the activities of FKWQIP.
To fund environmental infrastructure projects that are not budgeted for by the Administration, such as
FKWQIP, Congress has provided additional funding for what Congress terms "Additional Funding for
Ongoing Work." Among these accounts, Congress has for the past several years provided money for
Environmental Infrastructure projects such as FKWQIP. Most recently, the Corps provided $3 million in
additional funding for FKWQIP through their FY 2016 Work Plan. The County will continue to work to
ensure that FKWQIP receives funding in future Work Plans. To date, approximately $50 million has been
provided to the FKWQIP program via earmarks, the stimulus legislation, or Corps of Engineers work
plans.
Canal Restoration
Canals within the Florida Keys have received considerable attention from regulatory agencies due to poor
water quality. 300 of the 500 canals do not meet the State's minimum water quality criteria and are a
potential source of nutrients and other contaminants to nearshore waters designated as Outstanding
Florida Waters. As a result, a comprehensive Canal Management Master Plan (CMMP) was
commissioned by Monroe County with financial assistance from the Environmental Protection Agency
and with approval from the FKNMS Water Quality Protection Program (WQPP).
One of the main objectives of the CMMP was to prioritize the residential canals within Monroe County
related to the need for water quality improvements. A process was developed that classified canals by
water quality characteristics into "Good", "Fair", and "Poor" categories. Canals receiving a "Poor"
classification were considered as potential candidates for certain restoration technologies. Restoration
technologies reviewed in the CMMP include removal of accumulated organics, incorporation of weed
gates or similar weed barrier structures, addition of culverts, construction of pumping systems, and
backfilling. The ultimate goal of this work is to restore the environmental health of Monroe County's
canals, and subsequently its nearshore waters.
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The County Commission previously approved moving forward with a series of six canal restoration
demonstration projects. Those projects will be complete by June 2016. The preliminary results have
indicated immediate improvement to the water quality of the restored canals. The results will be used to
further define restoration costs and for information in future grant applications to state and federal
sources.
In order to be eligible for federal funding, canal restoration efforts would require a new authorization
through Congress. Under the Water Resources Reform and Development Act (WRRDA) of 2014, the
Army Corps of Engineers is required to seek proposals for water resources studies and project
modifications on an annual basis. From the proposals submitted by local sponsors, the Corps identifies
those that meet certain criteria and recommend them to Congress for authorization within an Annual
Report. The Report will also include an Appendix listing those proposals that are not recommended for
authorization and the reasons for the lack of recommendation. Congress will then have the opportunity to
authorize the recommended studies and project modifications through a yes or no vote, rather than a
traditional Water Resources Development Act (WRDA). This process provides an opportunity to seek
future assistance from the Corps for canal restoration activities.
RECOMMENDED POSITION: Support full funding of the Florida Keys Water Quality Improvements
Program via the FY 2017 Army Corps of Engineers Work Plan. Support continued additional funding for
Army Corps of Engineers environmental infrastructure projects in FY 2018 and future fiscal years.
Support Monroe County's efforts and activities related to canal restoration.
10
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FEDERAL ISSUE: Land Acquisition
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: The federal nexus for Monroe
County's land acquisition challenges are generally based upon two basic principles: a) rigorous
preservation of the Florida Keys' unique environmental resources, which are protected under a variety of
federal laws including the Endangered Species Act, and b) the need to protect from development
encroachment the nation's investment in Naval Air Station Key West, one of the military's premier air
combat training facilities.
The Florida Keys and Monroe County contain a number of unique environmental resources of national
significance. In recognition of the value of these resources and features, the federal government has
created four national wildlife refuges (Crocodile Lake, Great White Heron, Key Deer, and Key West),
three national parks (Everglades, Biscayne, and Dry Tortugas), as well as a National Marine Sanctuary
(Florida Keys) and a National Preserve (Big Cypress), all of which are located in whole or in part in
Monroe County. World renown for our coral reef, the Florida Keys is also home to over 30 listed species
protected under the Endangered Species Act (ESA).
In order to protect these scarce yet vital natural resources, development on private property in Monroe
County is heavily controlled by federal, state, and local regulations. To see the significant impact of
federal regulations on the County's ability to regulate local development, one need to look no further than
the Florida Key Deer v. the Federal Emergency Management Agency (FEMA) & US Fish & Wildlife
Service (USFWS) suit settled in 2012 after more than 20 years of litigation. In that case, the USFWS and
FEMA negotiated a settlement agreement with environmental advocates that forced the County to adopt
regulations and procedures to assist the USFWS with performing its obligations under the ESA or face
expulsion from the National Flood Insurance Program (NFIP). Given the draconian alternative of
expulsion from the NFIP and the resulting collapse of the local real estate market due to the inability of
potential home buyers to obtain federally -guaranteed mortgages, the County Commission had little choice
but to implement procedures that essentially shifted the burden of implementation of the ESA from the
USFWS to Monroe County.
That settlement agreement was predicated upon the USFWS's revised Biological Opinion (BO) on the
NFIP in Monroe County. The BO contained reasonable and prudent alternatives (RPA) that required the
Florida Keys communities to revise their Flood Damage Prevention programs to include the review of
floodplain development applications for potential impacts to nine endangered species — a review the ESA
requires FEMA and USFWS to undertake, not local governments.
According to the data contained in the BO, there are 63,411 acres of suitable habitat for listed species in
unincorporated Monroe County. Approximately 7,193 privately owned vacant parcels, having an
approximate combined value of $240,088,014 within USFWS designated potentially suitable habitat.
While the BO only addresses protections for nine species, twenty-two federally -listed species live in the
Florida Keys and critical habitat has been designated for eleven of these species. In addition, the USFWS
currently proposes to list (and subsequently designate critical habitat for) an additional five (5) species in
the Florida Keys in the near future.
The limitations upon development imposed by the ESA and other federal, state, and local regulations
impose severe restrictions on private property owners who desire to develop their properties. The U.S.
and Florida Constitutions require government to compensate private property owners when those
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regulations result in a taking. Currently, the County is defending takings suits involving potentially over
1,000 parcels of land. These claims are based in part upon regulations that were adopted to effectuate the
ESA and other state and federal acts.
The County realizes the importance of preserving and sharing the benefits of our unique natural resources,
and has conducted the reviews for FEMA and FWS, including restricting development based on this
process, but federal support is required to maintain the protection of our significant environment. The
Keys supports and encourages the federal government to target the acquisition of lands containing
suitable habitat for and known populations of federally -designated wildlife species.
In addition to the land acquisition challenges resulting from environmental protection regulations, the
County faces challenges in the area surrounding Naval Air Station (NAS) Key West, one of the military's
premier air combat training facilities. The airfield is located just outside of Key Westin the most densely
populated area of the County. Noise from flight operations impacts the quality of life for residents living
near the airfield. The impacts of encroachment from development, both past and future, in the vicinity of
NAS Key West further exacerbates the land acquisition challenges for Monroe County. While the County
wants to foster the continued use of the airfield, it must also be mindful of encroachment challenges due
to property owners in the adjacent community. Acquisition of nearby properties can help solve that
challenge.
In order to proactively address these land acquisition challenges, the County has engaged in land
acquisition efforts primarily through the Monroe County Land Authority. The Land Authority has two
dedicated revenue sources through which it funds land acquisition (half of the one cent tourist impact tax,
and a State park surcharge). Unfortunately, these sources are insufficient, as they generate only about
$900,000 annually. However, in Fiscal Year 2015, the County Commission budgeted $10 million in local
funds to serve as a match for federal and state land acquisition projects. Even with that additional funding,
the County lacks the financial resources to meet all of the land acquisition needs that result from federal
and state environmental protection regulations as well as encroachment issues arising near NAS Key
West. Solving the County's land acquisition challenge can only be done through a combination of
federal, state, and local efforts.
The Land and Water Conservation Fund
The Land and Water Conservation Fund (LWCF) Act of 1965 was enacted to help preserve, develop, and
insure access to outdoor recreation facilities for our nation. The law created the Land and Water
Conservation Fund (LWCF) in the U.S. Treasury as a funding source to implement outdoor recreation
goals. Revenues for the fund are derived from oil and gas leasing proceeds in the Outer Continental
Shelf.
The LWCF has been the principal source of monies for land acquisition for outdoor recreation by four
federal agencies —the National Park Service, Bureau of Land Management, Fish and Wildlife Service,
and Forest Service. The LWCF also funds a matching grant program via the National Park Service to
assist states (and local governments as sub -recipients) in acquiring recreational lands and developing
outdoor recreational facilities. A portion of the appropriation is divided equally among the states, with
the remainder apportioned based on need, as determined by the Secretary of the Interior. The states
award their grant money through a competitive selection process based on statewide recreation plans, as
well as establish their own priorities and criteria.
The LWCF is authorized at $900 million annually. However, yearly appropriations have fluctuated
widely since the origin of the program. Of the total revenues that have accrued throughout the history of
the program ($33.5 billion), less than half have been appropriated ($15.8 billion). FY 2001 marked the
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highest funding ever, with appropriations exceeding the authorized level and reaching nearly $1 billion.
In FY 2002, Congress provided the most LWCF funding of the past twenty years for the state grant
program at $144 million.
For FY 2016, the Administration requested $53.2 million for the state formula and competitive programs.
Congress, however, provided a huge boost to the state programs, funding them at $110 million in FY
2016. The Administration then requested level funding in its FY 2017 budget, which the Senate also
included in its version of the FY 2017 Interior and Environment Appropriations bill. The House,
however, has included $71.8 million in its version of the bill. The federal government is currently
operating under a Continuing Resolution through April 28, 2017, and the FY 2017 appropriations process
is not expected to be completed until that time.
In addition to yearly funding challenges, the current authorization for the LWCF is set to expire at the end
of 2018. While this is still roughly three years away, the previous authorization was allowed to lapse for
over two months when Congress failed to reauthorize the program after its expiration on October 1, 2015.
A three-year reauthorization was finally included in the FY 2016 omnibus.
There have been legislative attempts over the past few years to reauthorize the LWCF, on both a
permanent and temporary basis. These attempts have often included provisions to reform the program,
such as requirements related to how the money is allocated. For example, the Senate version of an energy
reform bill Congress worked on for much of 2016 would have permanently reauthorized the program.
That bill was not passed prior to the end of session, however, due to timing conflicts, as well as
disagreements over a number of provisions, including the language related to the LWCF.
Looking ahead, the Chairman of the House Natural Resources Committee, Rob Bishop (R-UT), unveiled
draft legislation called the Protecting America's Recreation and Conservation (PARC) Act in November
2015, which would reauthorize the LWCF for seven years at $900 million annually, but would also
significantly reform the LWCF. The legislation would provide 45 percent of LWCF funds to the State
Assistance Grant Program, 15 percent to fully fund the Payments in Lieu of Taxes program, 20 percent to
fund offshore energy exploration, and 3.5 percent on federal land acquisition. The bill would also require
a certain amount of that 3.5 percent to be focused east of the I OO h meridian (a north -south line running
through the Dakotas and into Texas) in order to prevent the purchase of much more land in the west.
As a starting point for the future of the LWCF, it could drastically reshape the program in the future and
funnel significantly more money to the state and local programs. As stated above, this would boost the
County's chances of securing funding for priorities in the community.
DoD Readiness and Environmental Protection Integration Program
The Department of Defense's (DoD) Readiness and Environmental Protection Integration Program
(REPI), which was authorized by Congress in 2002, funds cost -sharing partnerships for the military with
state and local governments in order to address incompatible development and loss of habitat around DoD
installations. These partnerships obtain easements or other interests from willing sellers that preserve
critical buffer areas around DoD facilities in order to protect the military's ability to accomplish its
training, testing, and operational missions by helping to remove or avoid land -use conflicts, as well as
addressing regulatory restrictions that inhibit military activities. Through FY 2015, REPI buffer
partnerships have protected 437,985 acres of buffer land in 88 locations and 30 states. The REPI program
may provide an opportunity for land acquisition for those parcels located near DoD facilities within
Monroe County.
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Since the program's inception, Congress has increased REPI's original funding from $12.5 million to
over $70 million annually. In its FY 2016 budget request, the Administration recommended $60.3
million for REPL Congress, meanwhile, funded REPI at $75 million in its FY 2016 omnibus
appropriations bill. For FY 17, we expect similar funding levels as both the House and Senate have
shown support for the program by proposing an increase of nearly $15 million above the President's
budget request.
Although congressional appropriations are consistently above the budget request, total service requests
average $140 million annually, which greatly exceeds available REPI funding. To make up some of the
difference, federal REPI funding is augmented by cost -shares from partner contributions, including other
federal grants, state and local grants or cost -share programs, private capital, donations, and in -kind
services, among others.
RECOMMENDED POSITION: Support efforts by federal agencies to acquire appropriate properties to
mitigate environmental resource or military encroachment concerns in Monroe County. Support a $900
million annual appropriation from the Land and Water Conservation Fund. Support future mandatory
funding for the Land and Water Conservation Fund. Support increased funding of the Department of
Defense's Readiness and Environmental Protection Integration program.
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FEDERAL ISSUE: Payments In Lieu of Taxes
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: Under law, federally -owned lands
within a local government's boundary cannot be taxed, but these lands still create a demand for services,
including firefighting and police protection, construction of roads, and search -and -rescue operations.
Congress has created several programs in an attempt to compensate local governments, particularly
counties, for these losses to their tax base. One of these programs from which Monroe County benefits is
the Payments in Lieu of Taxes program (PILT).
Congress passed the Payments In Lieu of Taxes Act in 1976 (Public Law 94-565) to help offset the
impact from these losses to local governments' tax bases through annual compensation. The PILT
program is administered by the Department of Interior.
Payments are made annually for tax-exempt federal lands administered by the Bureau of Land
Management, the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and
for federal water projects and some military installations. The authorized level of PILT payments is
calculated under a complex formula that includes five factors affecting Monroe County's compensation:
the number of acres eligible for PILT payments, the County's population, payments in prior years from
other specified federal land payment programs, state laws directing payments to a particular government
purpose, and the Consumer Price Index. The following are Monroe County's PILT payments for the last
six fiscal years: $1,099,616 in 2011; $1,122,390 in 2012; $1,095,408 in 2013, $1,172,487 in 2014,
$1,158,900 in 2015, and $1,180,195 in FY 16. A total of 454,861 acres, which is roughly 19 percent of
the County's land, is eligible for compensation.
In 2008, Congress reauthorized PILT and changed it from a discretionary to a mandatory program
through FY 2012. As a mandatory program, authorized eligible local governments are able to
automatically receive their full PILT payments. As a discretionary program, however, PILT is subject to
the annual, and often arbitrary, appropriations process.
PILT was reauthorized at mandatory levels for FY 2013 through the MAP-21 transportation
reauthorization. Although funding for PILT was not included in the FY 2014 omnibus appropriations
bill, the program was fully funded for FY 2014 through the five-year farm bill (PL 113-79) signed into
law in February 2014. Then, in FY 2015, the omnibus spending bill included $372 million in PILT
funding. This, combined with the $70 million included within the 2014 National Defense Authorization
Act, brought the total amount of PILT funding for FY 2015 to $442 million, fully funding the program.
Most recently, PILT was fully funded at $452 million for FY 2016.
More recently, the Administration's FY 2017 budget proposal requested $480 for PILT in FY 2017. Both
the House and Senate versions of the FY 2017 Interior and Environment Appropriations bills also include
this level of funding for PILT. However, the Administration has recently proposed reducing funding for
PILT by $80 million from the amount currently proposed by both the House and the Senate in FY 2017,
as well as continued reductions (which remain unannounced) in FY 2018, all of which would have a
detrimental impact to the County. Approximately 19% of the County's land is eligible for compensation
through PILT. In FY 2016, the County received just over $1.1 million dollars in PILT payments.
As of now there is no concrete long-term nor short-term solution for providing additional PILT funding in
future years. There has been some discussion of tying mandatory funding for the program to receipts
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from the Land and Water Conservation Fund (LWCF). The LWCF is currently a discretionary program
that is routinely funded well below its authorized amount. Because of this, many believe the LWCF
should also be moved to the mandatory side of the budget in order to provide as much funding as possible
for the program without crowding out discretionary funding for other high -priority needs. Tying PILT,
the LWCF, and other programs together as mandatory funding provides an opportunity for many
programs to receive full funding on a regular basis, providing stability for local governments, as well as
conservation opportunities. Because both programs tend to have support from a bipartisan coalition of
lawmakers, the largest challenge for this proposal is how to pay for it. As discussed earlier in this agenda,
legislation has been introduced in the form of the PARC Act that would tie together the LWCF and PILT,
among other programs. However, given the bill's other controversial provisions, it is unlikely this will be
achieved through that piece of legislation.
RECOMMENDED POSITION: Support full, long-term mandatory funding of the Payments In Lieu of
Taxes (PILT) program, which enables local governments to rely upon PILT funds when budgeting.
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FEDERAL ISSUE: Everglades Restoration and the Health of the Florida Bay
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: Florida Bay is a large shallow lagoon
bordered to the north by the Florida peninsula and to the south and east by the Florida Keys. A portion of
the bay is located within Everglades National Park and is protected by the National Park Service (NPS),
with the remainder lying within the Florida Keys National Marine Sanctuary, which falls under the
jurisdiction of the National Oceanic and Atmospheric Association (NOAA). The Bay provides unique
and critical habitat for many plants and animals, including several endangered species such as the Florida
Manatee.
The NPS began long-term monitoring of Florida Bay in 1988 in order to collect and analyze hydrologic
and salinity data from the Bay. At this same time, the Bay was suffering from tremendous
(approximately 23,000 acres) of sea grass die off from hyper saline conditions with resulting algal
blooms. Salinity levels are considered the primary driver of ecological conditions within the bay.
Salinity levels are also the driver to maintain the state -established Minimum Flow and Level (MFL) for
Florida Bay, an ecosystem -based protective standard established under Florida law.
The construction of water control structures and facilities within the Everglades throughout the 20th
century has altered the natural hydrologic patterns of water in the region. Overtime, this has reduced the
flow of freshwater into Florida Bay and changed the ecosystem of the Bay and other connected coastal
regions. Managing these water flows to reduce the severity and frequency of hypersalinity events and
algal blooms are among the goals of the Comprehensive Everglades Restoration Plan (CERP).
There are a number of projects and studies under various stages of development that are expected to, in
the long run, improve the health of Florida Bay. These include the Central Everglades Planning Project,
modifications to the C-I I I Canal General Reevaluation Report, Modified Water Deliveries, including the
bridging of portions of Tamiami Trail, and the C-111 Spreader Canal project.
The Central Everglades Planning Project (CEPP) received its Corps of Engineers Chief s Report
in 2015 and was authorized in the 2016 version of the Water Resources Development Act,
included in another, larger piece of legislation. CEPP intends to address criticism that a good
portion of Everglades restoration to date has focused on the periphery of the remnant Everglades.
CEPP seeks to respond to this concern by removing barriers to flow in the central Everglades to
put the "river" back into the "River of Grass." CEPP, once fully constructed, is estimated to
bring an average of 200,000 acre-feet of additional water from Lake Okeechobee into the Central
Everglades each year. This is expected to reduce damaging discharges to the east and west coast
estuaries while returning more flow to the Everglades. Components of CEPP are expected to be
under construction by 2021 with completion expected in 2030.
The C-111 Canal is the southernmost canal of the Central and Southern Florida Project and is
located in south Miami -Dade County. The C-111 Canal courses through extensive marsh wetland
prairie and coastal mangrove marsh before it empties into Manatee Bay. The canal serves a basin
of approximately 100 square miles and is the final segment of the South Dade Conveyance
System. It functions primarily to provide flood protection and drainage for the agricultural areas
to the west and south of Homestead, Florida. The canal has had unintended effects on
groundwater levels in Taylor Slough, and has contributed to the reduced discharge to northeastern
Florida Bay and increased unseasonable discharges to Manatee Bay and Barnes Sound. Taylor
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Slough is a natural drainage feature of the Everglades that flows southwest into numerous
tributaries that eventually empty into Florida Bay.
The C-111 Project General Reevaluation Report (GRR) with integrated Environmental Impact
Statement (EIS) was approved in 1994 and it authorized modifications to the original project as
authorized by the Flood Control Acts of 1962 and 1968. The C-111 project is moving forward,
and construction on several of the remaining project components began in Fiscal Year 2016 and
are expected to end primarily in 2019. Construction efforts were divided into 9 contracts.
Contracts 1-7 are complete and under Operation, Maintenance, Repair, Rehabilitation, and
Replacement (OMRR&R) by the non -Federal Sponsor. The completed contracts built the
following features of the 1994 GRR recommended plan: Pump Stations 332B, 332C, 332D, the
retention/detention area, C-111 Spoil Mound Removal, Taylor Slough Bridge, and the S-331
Command and Control Facility. The remaining features to be constructed include the North
Detention Area, which will connect this project with the Modified Water Delivery 8.5 Square
Mile Area Detention Area and plugging of the L-31W Canal. Plans and specifications (P&S) are
complete for the North Detention Area, and the contract was awarded in FY2015.
The C-111 Spreader Canal Western Project focuses on the restoration of flows to Florida Bay via
Taylor Slough as well as the restoration of the Southern Glades and Model Lands and coastal
zone of Florida Bay. The bulk of the construction for the project was completed by the South
Florida Water Management District in 2012. The effect of the C-111 Spreader Canal Western
Project on adjacent park wetlands and on Florida Bay is being monitored and its effects will be
evaluated after 3 years of monitoring and thus far, initial signals are positive. Rainfall -driven
operational controls have not yet been implemented, but will be incorporated into future water
control plans. The remaining phases of the C-111 Spreader Canal project are anticipated for
completion in the 2019-2021 timeframe according to the latest CERP Integrated Delivery
Schedule (IDS).
The overall purpose of the Modified Waters Delivery (MWD) to Everglades National Park (ENP)
project is to restore the natural hydrologic conditions in ENP, which was altered by the
construction of roads, levees, and canals. There are four major components of MWD: 8.5 Square
Mile Area Flood mitigation, Tamiami Trail Modifications, Conveyance and Seepage Control
Features, and Combined Operation Plan. All four components are necessary to provide substantial
flow increases to ENP.
o The most well-known portion of this project is the bridging of the Tamiami Trail. A one
mile bridge has been completed to date. In early 2015, the Department of Interior
released a preferred alternative to bridge an additional 5.5 miles of the Trail called the
Tamiami Trail: Next Steps project. The additional bridging will provide unconstrained
flows of water to Northeast Shark River Slough (NESRS) in ENP. The resulting
increased water volumes and improved flow distribution are expected to promote
conditions conducive to the survival of myriad species of fish and wildlife.
Groundbreaking for 2.6 of the 5.5 miles yet to be finished occurred in 2016.
o Flood mitigation work to protect a residential area near the project (the 8.5 Square Mile
Area) was completed in 2016.
o Meanwhile, a set of significant changes to the operation of the local water management
infrastructure that controls the flow of water to NESRS in ENP, known as Increment 1,
began in 2015. The structural features of the MWD project finally allow this incremental
increase in water flow. Planning and development of this field-test phase of the MWD
project has been a complex, multi -year, interagency undertaking. Water flow into NESRS
through the S-333 structure along the L-29 Canal will increase and water that seeps out of
the park to the east will be returned to the park by use of the S-356 pump, also located
along the L-29 Canal. Increment 1 is expected to continue for up to two years and is
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expected to produce small but important hydrologic benefits based on the additional
water flow and seepage return. Water quality will be maintained because seepage water
has low levels of total phosphorus and is of very good quality overall. Increased water
flow and water quality are expected to improve habitat function and species composition
and abundance, while promoting the build-up of soil and inhibiting soil loss. Increment 2
is expected to provide additional hydrologic and ecological benefits to NESRS, and data
collected during the first two increments will be used in Increment 3 to design a new
operational plan for the system.
o The C-111 North Detention area (a component of MWD and referenced above in the C-
I I I GRR) is still not complete and scheduled for completion in 2017.
RECOMMENDED POSITION: Support efforts to improve the health of Florida Bay by restoring
adequate fresh water flows through the Everglades. Support full completion of the C-I I I Canal suite of
projects. Support completion of the Modified Waters Delivery suite of projects and improved operational
plan, including further modification to Tamiami Trail. Support future construction of the Central
Everglades Planning Project.
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FEDERAL ISSUE: Naval Air Station, Key West
BACKGROUND / HOW IT MAY AFFECT MONROE COUNTY: Naval Air Station (NAS) Key West
is located on Boca Chica Key in Monroe County, Florida. It is the second to last major island in the
Florida Keys. NAS Key West has several annexes throughout Monroe County including on Key West.
The U.S. Navy's presence in Key West dates back to 1823, when a Naval Base was established to stop
piracy in the area. The lower Keys were home to many wealthy shipping merchants whose fleets operated
from these waters. This drew the interest of pirates such as Black Beard and Captain Jon Kidd, who used
the Keys as a base from which to prey on shipping lanes.
Naval Air Station Key West's national security mission supports operational and readiness requirements
for Department of Defense, Department of Homeland Security, National Guard units, federal agencies,
and allied forces. What makes the southernmost air station attractive to the war fighter is access to
unencumbered air space and sea space, the Tactical Combat Training System (TCTS), year-round great
weather, the piers/harbor, the visitor quarters complex and the Gulf range complex. As such, NAS Key
West is the Navy's premier East Coast transient pilot training facility for tactical aviation squadrons. The
airfield hosts aviation squadrons from around the country on a regular basis to fulfill the mission.
NAS Key West encompasses more than 5,800 acres, and the Gulf water and air ranges span 134,000
square miles. Air station facilities can support up to 100 aircraft and more than 800 personnel at one time,
as well as provide port operations for visiting ships. More than 30 tenant commands call Key West home.
These commands include:
• Joint Interagency Task Force South
• Coast Guard Sector Key West
• U.S. Army Special Forces Underwater Operations School
• Naval Branch Health Clinic
• VFC-111 "Sun Downers" Adversary Squadron
• VFA-106 "Gladiators" Detachment Key West
• U.S. Naval Research Lab
The air station's customers include active and Reserve fighter/strike fighter communities, Chief of Naval
Air Training (CNATRA) units, Fleet Replacement Squadrons (FRSs), Fleet Forces Command units and
other military service users.
Department of Defense Base Realignment and Closure Commission
The history of the Defense Base Closure and Realignment Commission dates back to the Kennedy
Administration, which began to reconfigure and consolidate military bases to better meet the threats the
United States faced during the Cold War. As the Cold War began to wind down and U.S. defense needs
evolved, Congress passed legislation in 1988 to create the independent Defense Base Closure and
Realignment Commission (BRAC).
BRAC is a bipartisan group of nine individuals who are appointed by the President to analyze
recommendations of the Department of Defense and make decisions regarding base closures or
reorganizations. BRAC attempts to remove political considerations from the decision making process.
Congress ultimately must vote simply yes or no on BRAC's entire list of recommendations. There have
been five BRAC rounds in 1988, 1991, 1993, 1995 and 2005.
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Though the FY 2016 omnibus budget agreement provided some relief to the sequestration cuts by
restoring around $25 billion to the Department of Defense, the military is recognizing that it must
drastically reshape itself due to the return of mandated sequestration defense cuts in FY 2018 and
continuing limits on federal spending generally. If reductions in defense infrastructure are not available,
then cuts will have to be distributed across manpower, training, and equipment.
In the Administration's FY 2017 budget proposal, the Department of Defense repeated its previous
requests for a BRAC round in 2019. Congress did not provide authority for a new round of BRAC in the
FY 2017 National Defense Authorization Act (NDAA). While in the FY 2016 NDAA, language was
included to allow military officials to conduct studies on how much excess capacity exists in their
stateside footprint (which may help clear the path for future BRAC rounds) the study and reports
associated with this language have not yet been given to Congress.
Additionally, in the FY 2014 omnibus, Congress set up, and provided funding for a "Department of
Defense Base Closure Account" in anticipation of a future BRAG. Congress continued to fund this
account in both the FY 2015 and FY 2016 omnibus appropriations bills, providing just over $265 million
in FY 2016. In the FY 2017 Military Construction Appropriations bill, Congress provided just over $240
million for the account.
In further recognition that savings (even within military accounts) must be found, some in Congress are
softening on allowing a new round of BRAC. Congressman Adam Smith, the top-ranking Democrat on
the House Armed Services Committee, introduced legislation in January 2017, to allow the DOD to
conduct a new round of BRAC in 2019. The bill, H.R. 753, has 8 co-sponsors. Senate Armed Services
Committee Chairman John McCain indicated in January 2017, that he and Ranking Member Jack Reed,
plan to undertake a serious examination of base closures during the new Congress rather than simply
passing legislation forbidding another BRAC as has been done in every year since 2012.
Across the country, communities are preparing for the worst, whether from a new BRAC or other cuts to
their regional military facilities, and while NAS Key West's unique mission and location make it an
unlikely target for future elimination, the County should remain engaged in order to be prepared for any
contingency.
RECOMMENDED POSITION: Monitor activities related to the Department of Defense Base Closure
and Realignment Commission for potential impacts to NAS Key West.
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FEDERAL ISSUE: Federal Aviation Administration - Authorization and Issues
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: In July 2016, Congress passed a
short-term Federal Aviation Administration (FAA) extension through September 2017. Before passing
this bill, the Senate passed a bi-partisan, comprehensive FAA reauthorization bill. The House was unable
to move their version of the bill, primarily due to controversy over the bill's inclusion of language to
privatize the FAA's air traffic control functions.
Airport Improvement Program
Among other things, the FAA extension maintained the existing level of funding authorization ($3.35
billion) for the Airport Improvement Program (AIP). AIP is a federal grant program that provides funds
to public airports to improve safety and efficiency. The program is funded through taxes on airplane
tickets and aviation fuel. This funding stream is critical to improvements at Key West International and
Florida Keys Marathon Airports and is subject to annual appropriations by Congress. Between 2009 and
2013, Key West International experienced over 74 percent increase in passenger traffic. With this
tremendous growth, it is critical to ensure that these airports can compete for sufficient federal funding as
necessary to continue this trend.
For FY 2016, Congress provided $3.35 billion for the AIP program which was an increase over the
Administration's budget request of $2.9 billion (which included the elimination of guaranteed funding for
large and medium hub airports). The purpose of the proposal was to focus federal grant support on
smaller commercial and general aviation airports that are less likely to have access to additional revenue
or other outside sources of capital. In FY 2017, the Administration made the same budgetary request.
Again, Congress is likely to overrule the proposal. The Senate and House each included $3.35 billion in
their respective versions of the FY2017 Transportation Appropriations bill for AIP.
Passenger Facility Charges
The FY 2017 Administration budget request proposed to allow larger airports to increase non-federal
passenger facility charges (PFC), thereby giving larger airports greater flexibility to generate their own
revenue. Authorized by Congress in 1992, the PFC allows commercial airports controlled by public
agencies to charge $3.00 per passenger through airline tickets. The PFC cap was raised in 2001 to $4.50,
but has not been increased since. Several airport groups, including the American Association of Airport
Executives and the Airports Council International -North America, advocate for local authority to raise the
cap per enplanement to meet current infrastructure needs and prepare for future demand.
Law Enforcement Officer Reimbursement Program
Meanwhile, the Trump Administration's FY 2018 "skinny budget" proposes to eliminate the
Transportation Security Administration's (TSA) Law Enforcement Officer (LEO) reimbursement
program. Currently, TSA provides more than 300 airports nationwide, including Monroe County airports,
partial reimbursement for law enforcement officers who assist the agency in ensuring the safety and
security of persons and property at TSA passenger security checkpoints at an approximate cost of $45
million annually. This program was established after 9/11, when commercial airport operators were
required by law to have a security program that includes a law enforcement presence at the airport. The
program provides partial reimbursement to assist local entities in support of federally mandated airport
security requirements. Without continuation of the LEO program, local airports must pick up the entire
cost of these additional security measures.
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Fish HookNon-DirectionalBeacon at Higgs Beach
The County would like the FAA to remove or relocate the Fish Hook non -directional beacon (NDB)
currently located at Higgs Beach in Key West. The circa World War II radio tower and surrounding
fencing occupies nearly an acre of a 16.5 acre County beach park in Key West. The park is undergoing a
major revitalization and Master Redevelopment Plan which calls for green space where the tower now
stands. The park is at the southern terminus of the Florida Keys Overseas Heritage Trail bicycle
pedestrian path and is a major tourist attraction and community amenity. In September 2009, FAA
Technical Support Staff conducted a cursory review of the County's request and determined the NDB
facility building and older antenna may be eliminated or the fenced area significantly reduced if replaced
by a smaller and more modern antenna. However, in December 2012, FAA regional staff conducted a
site survey to determine the scope of work and availability of suitable sites for potential relocation of the
NDB. Less than a month later, the FAA released its report and concluded the following:
• The existing NDB shelter and tower are not suitable for relocation and would need to be
replaced.
• No suitable location for the NDB was found (Two alternate locations were found to be
unsuitable) .
Due to the heavy density and nature of the island, land acquisition of private property would be
timely and costly.
The County met with the FAA in 2013, at which time they were told the NDB is needed for redundancy
purposes and could not be removed or relocated. The FAA argued that should all other technologies fail,
the NDB is needed because it would still function during an emergency. Then, in April 2015, Rep.
Curbelo sent a letter to the FAA requesting the agency consider relocating the beacon, to which the FAA
again indicated that no suitable location is available.
Most recently in November 2016, Monroe County approved an expenditure of more than $40,000 to fund
an FAA study to relocate the tower. In May 2017, the County met with the FAA to discuss how long a
response from the FAA may take to complete the study.
Joint -Use ofNaval Air Station Key West
Naval Air Station (NAS) Key West is located on Boca Chica Key near Key West. NAS Key West's
national security mission provides operational and readiness support for the Department of Defense,
Department of Homeland Security, Air National Guard, Army National Guard, and allied military forces
The County has expressed an interest in utilizing NAS Key West as a joint -use facility due to limited
runway length at Key West International Airport. At 4,801 feet, the runway is currently the shortest
commercial runway in the country, which has deterred carriers from servicing the airport, thereby driving
up ticket costs. Since the 1990's, the County has discussed joint -use of NAS Key West with the Navy. In
1995, however, the Navy issued a report disapproving joint -use at NAS Key West on the grounds that it
would interfere with operational readiness. Since then, conversations between the County and the Navy
regarding joint -use have occurred sporadically.
Sound Attenuation
Due to jet noise, activities at NAS Key West often negatively affect residents who live in the area. The
FAA provides funding for sound attenuation activities at civilian airports. However, this funding is not
available for military facilities. Monroe County would like to see changes to this policy in order to
reduce the impacts of noise pollution from military aircraft on its residents.
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RECOMMENDED POSITION: Support $3.35 billion in annual appropriations for the Airport
Improvement Program. Support Monroe County's grant proposals for funding through the FAA Airport
Improvement Program. Support an increase in the passenger facilities charge cap from $4.50 to $8.50.
Oppose the elimination of the Law Enforcement Officer Reimbursement Program. Support the removal
or relocation of the non -directional beacon at Higgs Beach. Support continued efforts to establish a joint-
ure airport at Naval Air Station Key West. Support federal funding for sound attenuation activities
around military air facilities.
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FEDERAL ISSUE: Transportation Authorization
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: After the passage of several short-
term authorizations following the expiration of MAP-21 in 2014, Congress finally passed, and the
President signed, a five-year surface transportation authorization called the Fixing America's Surface
Transportation (FAST) Act. The FAST Act generally maintains many of MAP-21's reforms, but makes a
few changes to existing surface transportation programs, as well as slightly increases funding for those
programs.
In developing the FAST Act, however, Congress did not address the need for a long-term, sustainable
plan to finance our nation's transportation infrastructure. Fuel taxes, which provide most of the money
for surface transportation, do not provide a solid long-term foundation for transportation funding growth
and investment, even if Congress were to authorize a modest increase. Instead, the FAST Act relies on
various budget gimmicks to fund surface transportation programs over the next five years, such as surplus
money from the Federal Reserve, reducing the amount of interest the Fed pays to banks, and selling off
part of the Strategic Petroleum Reserve.
Without the creation of a long-term, sustainable funding source, the Highway Trust Fund's deficit will
continue to grow over the next five years, making future authorizations increasingly difficult. The choice
then becomes finding new sources of income for an expanded program, or alternately, to settle for a
smaller program that might look very different than the one currently in place. Less federal funding via a
future transportation reauthorization bill would mean significantly less funding available to FDOT, and
ultimately Monroe County, to support both surface transportation and transit projects and programs.
Card Sound Bridge
Card Sound Bridge connects southern Miami -Dade County to Monroe County via toll. Monroe County is
primarily responsible for operating and maintaining the bridge. It is one of only two roads that connect
the Keys with mainland Florida. The bridge is roughly 50 years old and currently undergoing a ten-year
update. However, it will likely need to be fully replaced after that time.
MAP-21 eliminated the Highway Bridge Program in 2012. Instead, bridges located on the Interstate or
the National Highway System were eligible to receive funding through the National Highway
Performance Program (NHPP). Bridges that were not located on this federal -aid system, such as Card
Sound Bridge, as well as many others in Monroe County, were provided a separate set -aside in the
Surface Transportation Program (STP). This resulted in a nearly 30 percent decrease in funding for on -
and off -system bridges. The FAST Act, however, attempted to correct this by expanding the NHPP to
allow funding for on -system bridges. This more than repaired the cut to on -system bridges under MAP-
21. Meanwhile, the bill maintains the STP set -aside for off -system bridges.
RECOMMENDED POSITION: Monitor proposed changes to federal highway programs. Monitor
efforts to enhance federal transportation revenue streams. Support the continuation of dedicated bridge
funding through the Surface Transportation Program or other avenues. Support opportunities to secure
funding for Monroe County's priorities via federal highway legislation or other means.
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FEDERAL ISSUE: Infrastructure Investment
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: Traditionally, Congress has invested
in infrastructure via a number of methods, primarily through legislation or programs like transportation
authorizations, Federal Aviation Administration authorizations, revolving loan funds, through the tax
code via bond programs, or earmarks prior to 2009. The last big influx of new and unexpected
investment in infrastructure occurred via the 2009 Stimulus bill, which, among other things provided
$105.3 billion for infrastructure, including $48.1 billion on transportation, $18 billion on water,
environment, and public lands, and the remainder on government buildings, telecommunications and
broadband, and energy infrastructure.
Recently however, federal funding for infrastructure still fell to a 30-year low as a share of Gross
Domestic Product. The American Society of Civil Engineers said in its latest report that $3.6 trillion was
needed to bring all segments of U.S. infrastructure up to a state of good repair.
In response, the Trump Administration has made bold promises to invest $1 trillion in infrastructure over
ten years. President Trump has given few details about his plans, but has said he would like the private
sector to provide much of the funding. He has also indicated funding could be available not just for roads
and bridges, but also for airports, schools and hospitals.
The most detailed plan, authored by Wilbur Ross, the nominee for Secretary of Commerce, and economist
Peter Navarro, suggests there will be $1 trillion in "cost -neutral" investment funded mostly with
repatriated foreign corporate income. More specifically, Trump has proposed reducing the rate
companies would pay to bring cash held overseas by U.S. corporations to 10 percent, down from 35
percent. Those companies then could invest in infrastructure projects, benefit from a new 82 percent tax
credit and effectively erase their 10 percent repatriation tax.
However, lowering the cost of money with tax credits to investors may not entice the kind of investment
suggested because local governments already have access to the municipal bond market, which benefits
from the lowest financing costs in more than 50 years. The Congressional Budget Office reported in 2015
that just 26 private -investment projects were completed or underway nationwide.
Meanwhile, the Trump Administration and Congress will also have to decide whether to allow investment
in new projects or upgrade existing infrastructure. Private investors are more likely to invest if they can
make a profit. That often means tolls on roads and bridges, rate increases on water infrastructure, or
property taxes on other projects. That becomes more difficult for environmental improvements or
projects located in more rural areas. Also, voters have shown a reluctance to accept tolling on existing
infrastructure.
With regard to specific infrastructure projects, in late January 2017, a list of 50 infrastructure projects was
circulated. The origin of the list is somewhat unclear with conflicting reports that it was compiled by the
Trump transition team or by the National Governor's Association for the Trump transition team. The list
mentions that the projects would be funded with 50% private investment. However, there is no additional
public discussion regarding projects or a more formal plan, including how to pay for it using either public
or private funds. These projects may be reflective of the type of infrastructure investment that will be
supported by the Trump Administration.
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Lastly, during his first week in office, Senate Democrats called President Trump's bluff (so to speak) and
outlined an ambitious proposal to spend $1 trillion on a broad range of infrastructure projects over the
next ten years. Since the announcement, neither the President nor Republican members of Congress have
responded in any significant way to the Democrats' offer.
The proposal suggests the following investments:
Reconstruct Roads & Bridges $10013
Improve Airports $3013
Revitalize Main Street $100B
Address Ports & Waterways $1 OB
Expand TIGER $1OB
Build Resilient Communities $2513
Rehabilitate Water and Sewer $11013
21 st Century Energy Infrastructure $10013
Modernize Rail Infrastructure $5013
Expand Broadband $2013
Repair & Expand Transit $13013
Invest in Public Lands & Tribal Infrastructure $2013
Vital Infrastructure Program $20013
Modernize VA Hospitals $1OB
Rebuild Public Schools $7513
Provide Innovative Financing Tools $IOB
Congressional Republicans on the other hand, continue to discuss a desire to provide more funding for
infrastructure, but have not offered a formal proposal or a specific time as to when they may be able to
tackle the issue given other priorities. Some continue to look at repatriation of corporate foreign income
as an at least partial funding source, while others suggest those funds should be used for tax
reform. There is little to no talk of Congress simply using deficit spending to fund infrastructure.
While it is unclear how this discussion will progress during the 115th Congress, it is possible that new
infrastructure investment opportunities could be created and used to fund projects in Monroe County.
RECOMMENDED POSITION: Support new federal investment in infrastructure. Support any and all
opportunities to secure funding for Monroe County's infrastructure priorities.
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FEDERAL ISSUE: RESTORE ACT
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: In April 2010, an explosion at the
BP -operated Deepwater Horizon oil rig caused the worst oil spill in U.S. history, with almost 5 million
barrels of oil spilling into the Gulf of Mexico.
In the summer of 2012, Congress passed the RESTORE Act, which established the Gulf Coast
Restoration Trust Fund and mandated that 80 percent of Clean Water Act (CWA) civil damages from the
spill be allocated directly to the five impacted states, including Florida.
Since the spill, BP settled with the federal government for $4.5 billion to resolve criminal charges against
it. This funding is allocated by the National Fish and Wildlife Foundation (NFWF), as well as directed to
other trust funds. To date, NFWF has awarded more than 100 million for 25 projects in Florida. BP also
agreed to provide an interim payment of $1 billion to repair natural resources via the Natural Resource
Damage Assessment (NRDA) process. Based on the law, this last payment is tax-deductible for the
company.
A civil trial between BP and the Department of Justice (DOJ) began in 2013, and, in 2014, a U.S. District
Courtjudge ruled that BP was "grossly negligent" in the Deepwater Horizon spill, citing the company's
extreme measures to cut costs despite safety risks. In January 2015, the same judge ruled that BP dumped
3.2 million barrels of oil into the Gulf during the disaster.
Meanwhile, in 2013, DOJ settled with Transocean for their role in the Deepwater Horizon spill. As a
result of the agreement, Transocean will pay $1 billion in CWA fines, resulting in the first allocation of
funding to be distributed via the RESTORE Act. From this initial settlement, Florida will receive about
one -fifth of this funding with Monroe County receiving its own direct allocation.
In July 2015, BP and DOJ reached a settlement for all federal and state claims in which BP will pay $5.5
billion over 15 years in CWA fines. BP will also pay $4.9 billion in economic claims to the Gulf states,
including $2 billion to Florida; $7.1 billion (not including the $1 billion already committed by BP) in
NRDA claims, including $680 million for Florida and $350 million for region -wide claims; and
approximately $600 million to resolve the economic loss claims of local governments.
These CWA fines will flow to the Gulf States via three channels created by the RESTORE Act: Direct
Component, Council -selected projects, and the Spill Impact Component. The Department of the Treasury
is tasked with implementing the RESTORE legislation. Treasury published a final rule for the RESTORE
Act on December 14, 2015, with an effective date of February 12, 2016. From within the Treasury -
administered Trust Fund, Monroe County is receiving another allocation in Direct Component funding as
a first distribution, as well as $12,434,783 from the Spill Impact Component, which was split evenly
among the Gulf counties in Florida.
Direct Component (Bucket 1)
The Direct Component portion makes up roughly 35 percent of the total Trust Fund and is equally divided
among the five Gulf States. The RESTORE Act grants states with significant discretion as to how they
will use the funding for restoration activities.
Council -selected Projects (Bucket 2)
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The RESTORE Act also established the Gulf Coast Ecosystem Restoration Council (the Council), which
is responsible for administering 60 percent of the total funding allocated to the Trust Fund. Thirty percent
of the Trust Fund is to be used by the Council to develop and fund a Comprehensive Plan for the
restoration of the entire Gulf Coast ecosystem, and the remaining thirty percent is to be distributed under
the Spill Impact Component. The Council includes the Secretaries of the Interior, Commerce,
Agriculture, the Administrator of the Environmental Protection Agency, Secretary of the Army for Civil
Works, the head of the Coast Guard, and the Governors of each state. Project and program requests for
initial funding from the Transocean settlement under the Council's Comprehensive Plan were due in late
2014.
In August 2015, the Council released a draft Funded Priorities List (FPL) of their selected projects. This
draft FPL proposed to fund approximately $139.6 million in restoration activities with a focus on 10
watersheds in the Gulf. It also included Category I and Category II projects, with Category I projects to
receive funding once the FPL is finalized and Category 2 projects to be considered for funding in the
future.
Then, in August 2016, the Council released an update to its Comprehensive Plan, as well as a draft Ten -
Year Funding Strategy for Gulf restoration. The Ten -Year Plan does not identify specific programs or
projects, but does anticipate that the next FPL will have a three-year development period, with all future
FPLs also operating on a three-year schedule. According to the update, spacing out FPLs will allow the
Council to include much larger projects and programs in future FPLs, as well as explore alternative
financing mechanisms, such as public -private partnerships, to support these large-scale projects.
Spill Impact Component (Bucket 3)
In September 2015, the Council released a proposed regulation to implement the Spill Impact Component
of the RESTORE Act. It includes a formula based on three criteria to determine how much funding each
state will receive. There are some concerns regarding one of the criteria, which is based on population,
because it calculates the average population for each coastal county bordering the Gulf of Mexico within
a state. Therefore, using this calculation, the Council finds that Alabama, which only has 2 coastal
counties, has the largest average population, and Florida comes in last.
RECOMMENDED POSITION: Monitor federal implementation of the RESTORE Act to ensure
continued benefit to Monroe County. Support efforts to secure funding for Monroe County.
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FEDERAL ISSUE: Climate Change and Sea Level Rise
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: The Florida Keys is on the front lines
of climate change, facing such potential impacts as sea level rise and increased hurricane intensity. Given
the County's unique vulnerabilities to sea -level rise, as well as its international presence as a premier
tourist destination, Monroe County has an opportunity to demonstrate leadership on this issue through the
implementation of key policies, practices and investments that will prepare the County for the impacts of
climate change. As a result, the County is acting now to enact local policies to combat the future effects
of climate change.
In 2016, Monroe County completed a comprehensive study on the effects of local sea level rise and
climate change mitigation strategies called GreenKeys. The study utilizes a planning scenario for sea
level rise of 9 to 24 inches in the next fifty years. The data also shows that even using a conservative
estimate of sea level rise, several streets and portions of the County can expect to see significant flooding
on a regular basis.
In 2013, the County developed the Monroe County Community Climate Action Plan (MCAP), which
outlines a course of action for the County to minimize climate change impacts and increase the
sustainability of the Florida Keys. MCAP includes initiatives to reduce energy use and waste, create local
jobs, improve air quality, and preserve Monroe's local landscape and history.
Other communities in Florida also recognize the risk climate change poses to their citizens, infrastructure,
and economies. Monroe County partnered with Miami -Dade, Broward, and Palm Beach Counties in
2010 to form the Southeast Florida Regional Climate Change Compact as a way to coordinate climate
mitigation and adaptation activities across county lines. The Compact represents a new form of regional
climate collaboration designed to allow localities to plan for adaptation while providing an efficient
means for state and federal agencies to engage with technical assistance and support. Monroe County
hosted the 7th Annual Florida Regional Climate Leadership Summit in December 2015, which focused on
facilitating climate -related collaboration and knowledge sharing.
Climate change is perceived to be a hallmark issue of the Obama Administration and his executive
efforts, including his environmental regulations and climate change agreements with China and other
nations. With a new Administration less inclined to support these efforts, it will be important to keep the
focus on this issue through advocacy and discussions with members of Congress about the current and
future effects of climate change on coastal communities such as Monroe County.
Given the makeup of the current Congress, passage of significant climate change legislation is unlikely in
the near future. However, there are indications that some Republicans are willing to take incremental
steps to address the issue. The Climate Solutions Caucus, founded in 2016 by Congressmen Curbelo and
Deutch, serves as an organization to educate members on economically viable options to reduce climate
risk and protect our nation's economy, security, infrastructure, agriculture, water supply and public safety
The caucus is bi-partisan with evenly maintained membership between Democrats and Republicans.
There are currently 24 members of the caucus, including Florida Representatives Curbelo and Deutch,
who serve as co-chairs, and Representatives Ros-Lehtinen, Mast, and Crist.
Also, in February 2017, a group of high -profile Republicans, tentatively called the Climate Leadership
Council, began calling for a new carbon tax. The group, which includes three former cabinet secretaries,
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is led by James Baker, a former White House Chief of Staff, Treasury Secretary and Secretary of State.
Their plan includes a substantial carbon tax which would be returned to taxpayers. The plan is seen as a
challenge to Republican politicians who have denied or down played the idea that human behavior is a
factor in climate change. The idea behind their effort is to make polluting more expensive to create
incentives for companies and people to move toward cleaner, renewable sources of energy. And the
group believes that returning the carbon tax proceeds in the form of checks to families will have appeal
with middle class families.
RECOMMENDED POSITION: Monitor federal climate change legislation and executive actions.
Support federal efforts to address climate change and mitigate sea level rise. Support the federal
legislative priorities of the Southeast Florida Regional Climate Change Compact.
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FEDERAL ISSUE: Waters of the United States and Regulatory Reform
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY:
Waters of the United States
A series of decisions by the U.S. Supreme Court over the past decade imposed restrictions on the scope of
wetland regulation governed by Section 404 of the Clean Water Act (CWA), which regulates "dredge and
fill" activities in navigable waters and their adjacent wetlands. Opponents of these restrictions have urged
Congress to redefine Waters of the U.S. (WOTUS), and apply that definition to all aspects of the CWA.
As legislation along those lines failed to pass previous Congresses, the Environmental Protection Agency
(EPA) and U.S. Army Corps of Engineers (ACOE) during the Obama Administration developed guidance
and a final rule to redefine WOTUS. There is concern that this effort significantly expanded the
definition of WOTUS to include tributaries, ditches, canals, and other water bodies that can potentially
drain into navigable waters, interstate waters, or the territorial seas. These water bodies would be subject
to new requirements, and some waters currently covered by a permit would be subject to additional
monitoring and regulation when those permits are renewed.
Meanwhile, President Trump signed an executive order in February to begin the process of reversing the
WOTUS rule.
While the executive order cannot itself repeal WOTUS, which was finalized in May 2015, the order
directs EPA and the Army Corps to begin a formal review of the regulation, a likely first step to
dismantling it.
The executive order also signals a significant change in the government's legal strategy for deciding
which wetlands and streams are protected under the Clean Water Act. For more than a decade, federal
agencies have relied on Justice Anthony Kennedy's opinion in the 2006 wetland -permitting case, Rapanos
v. United States, in determining where the federal reach over waterways begins. The court ruled in favor
of Rapanos, but in a 4-1-4 vote, the majority split on what approach to use to define government
jurisdiction.
The order specifically asks the agencies to consider the late Supreme Court Justice Antonin Scalia wrote
in the 2006 case Rapanos v. United States, saying the Clean Water Act ought only to cover navigable
waters and waterways "with a continuous surface connection" to them — a far more restrictive definition
than what the Obama EPA put into its rule. Relying on Scalia's opinion would likely restrict federal
jurisdiction.
Because the WOTUS rule already is final, the Administration would also have to follow the
Administrative Procedures Act, meaning it will need scientific backing to dispute, among other things, the
408-page technical report that accompanied the Obama regulation.
The rule is currently on hold. The Court of Appeals for the Sixth Circuit, based in Cincinnati, ordered it
halted in 2015 while numerous lawsuits challenging the rule wind their ways through the court system.
The executive order instructed the EPA to ask the Sixth Circuit court to put the litigation against WOTUS
on hold while the administration reviews it.
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Regulatory Reform
The repeal or rolling back of federal agency regulations and executive orders and actions has long been a
topic of legislative debate. Congressional Republicans are exploring ways to reverse numerous
regulations and executive orders enacted by the Obama Administration. The Congressional Review Act
(CRA), which allows Congress to cast simple majority votes of disapproval for regulations, is often cited
as a way to block executive actions. In practice, it has only been used once since its passage 21 years ago
While Congress has debated regulatory reform within many contexts and has made some strides towards
enactment of these reforms, we can expect much more to come from the 115th Congress. The
conservative House Freedom Caucus has compiled a list of over 200 regulations it wants to subject to a
disapproval vote. These include rules and regulations governing things such as school lunch standards,
tobacco regulations, climate change, financial/corporate oversight, and labor laws and practices.
Additionally, on January 5, 2017, the House passed the Regulations From the Executive in Need of
Scrutiny (REINS) Act, which was introduced by Congressman Doug Collins (R-GA-9). A companion
measure, introduced by Senator Rand Paul (R-KY) is pending consideration in the Senate, but it is hard to
see how this bill passes as a stand-alone measure in that body.
The bill revises provisions relating to congressional review of agency rulemaking by requiring any
executive branch rule or regulation designated as a "major rule" to come before Congress for an up -or -
down vote before being enacted. A "major rule" is any rule that the Office of Information and Regulatory
Affairs of the Office of Management and Budget finds results in: (1) an annual effect on the economy of
$100 million or more; (2) a major increase in costs or prices for consumers, individual industries,
government agencies, or geographic regions; or (3) significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete
with foreign -based enterprises.
A joint resolution of approval must be enacted within 70 legislative days after the agency proposing a
major rule submits its report on the rule to Congress in order for the rule to take effect. A major rule may
take effect for 90 days without such approval if the President determines it is necessary because of an
imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national
security, or to implement an international trade agreement.
RECOMMENDED POSITION: Monitor activity related to the implementation of the EPA's rule on
Waters of the U.S. Monitor activity related to regulatory reform.
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FEDERAL ISSUE: Energy Exploration
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: Offshore Energy Development
Active energy drilling currently occurs in both the western and central Gulf of Mexico, while nearly the
entire eastern Gulf is protected from drilling until 2022 by the Gulf of Mexico Energy Security Act of
2006 (GOMESA). Drilling does not currently occur off of the Atlantic coast of Florida. State waters in
the Atlantic extend three miles from shore, with the federal government controlling waters beyond that
point.
For many years, the federal government has developed five-year Outer Continental Shelf (OCS) Oil and
Gas Leasing programs to guide energy exploration activities in federal waters. The most recent plan,
developed for 2012-2017, did not propose to lease any areas in the Atlantic OCS for oil and gas drilling.
However, the Administration's plan did indicate that it would allow seismic analyses to determine energy
resource potential in areas of the Atlantic OCS from Delaware to parts of Florida (approximately north of
Brevard County). The City submitted comments to BOEM on the PEIS regarding its concerns over the
negative effects seismic air -gun testing could have on the ecosystem, and consequently on the region's
economy that is so dependent on unique ecotourism activities, such as whale watching and commercial
and recreational fishing. The City also stated its general opposition to oil and gas exploration off the
Atlantic Coast of Florida, due to the devastating effects that accidents like the Deepwater Horizon oil spill
have on the ecosystem and economies of coastal communities.
On January 17, 2017, the Secretary of the Interior approved BOEM's finalized OCS Oil and Gas Leasing
Program for 2017-2022 and issued a Record of Decision (ROD) for the programmatic Environmental
Impact Statement (EIS). In approving the Program, the Secretary chose Alternative C (the Preferred
Alternative) from the Final Programmatic EIS. The ROD identifies Alternative D, No Action, as the
environmentally preferable alternative. In addition, the ROD outlines programmatic mitigation measures
that will apply to all sales that occur during this Program in areas where the mitigation measures are
applicable.
There are two major differences between the 2012-2017 program and the 2017-2022 program. Of interest
to Monroe County is that under the 2017-2022 program there will be ten region -wide sales comprised of
the Western, Central, and Eastern Gulf of Mexico unleased acreage not subject to moratoria or otherwise
unavailable, instead of separately offering the Central and Western areas in two annual sales and periodic
sales in the Eastern area. The second difference is in regard to Alaska. Lastly, while this program is just
beginning, we expect that development of the 2022-2027 program will begin in 2019 under the current
Administration.
Congress also continues working toward opening up additional offshore energy exploration. In the 1141h
Congress, the Senate Energy and Natural Resources Committee approved a bill titled the Offshore
Production and Energizing National Security (OPENS) Act that would allow new energy production on
the Outer Continental Shelf (OCS) in the eastern Gulf of Mexico, the South Atlantic, and in the waters off
of Alaska. The OPENS Act would also expand offshore revenue sharing to Florida in 2017 for leases in
the eastern Gulf of Mexico. Currently, only Texas, Louisiana, Mississippi, and Alabama receive revenue
from offshore drilling activities in the Gulf of Mexico. The bill would also direct the Interior Department
to hold lease sales in the eastern Gulf in 2018, 2019, 2020, and after 2022.
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In response to the Committee's approval of the OPENS Act, Senator Bill Nelson sent a letter to Majority
Leader Mitch McConnell (R-KY) and Minority Leader Harry Reid (D-NV) saying he would use "all
available procedural options to block it."
In early January 2017, Senator Bill Nelson re -introduced his Marine Oil Spill Prevention Act (S. 74). The
purpose of the bill is to protect Florida from the threat of offshore drilling until at least 2027. The
legislation amends the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on oil and
gas leasing in certain areas in the Gulf of Mexico until June 30, 2027. It sets forth provisions concerning
Coast Guard responsibilities, including designating areas that are at heightened risk of oil spills and
implementing measures to ameliorate that risk. This bill also amends the Oil Pollution Act of 1990 to
establish a Gulf Coast Regional Citizens' Advisory Council to advise on facilities and tank vessels, among
other things.
President Trump, however, has stated that he intends to open additional onshore and offshore leasing on
federal lands and in federal waters, particularly in the Atlantic and the Arctic. It is unclear if he intends to
open leases in other areas - and doing so could take up to two years - but the 115th Congress will likely be
supportive of attempts to open additional lands and waters to energy exploration and harvesting.
Onshore Energy Development (Hydraulic Fracturing)
The rapid expansion of oil and gas extraction using hydraulic fracturing — both in rural and more densely
populated areas — has raised concerns about its potential environmental and health impacts. These
concerns have focused primarily on impacts to groundwater and surface water quality, public and private
water supplies, and air quality.
In Florida, the Burnett Oil Company submitted a proposal to the National Park Service (NPS) to conduct
a seismic survey of 110 square miles within Big Cypress Preserve. Similar to offshore seismic testing, a
seismic survey is a preliminary research technique used to determine the presence of oil and gas below
the surface of the ground, which may lead to future harvesting in those areas found to be rich with
resources. Senator Nelson sent a letter to the DOI on July 31, 2015, in strong opposition to seismic
testing within the Preserve. The NPS completed an Environmental Assessment (EA) for the proposal and
the City submitted comments in opposition to the seismic surveys. In May 2016, the NPS issued a
finding of no significant impact following their environmental review. The finding of no significant
impact is based on information and conclusions outlined in an environmental assessment completed for
the proposed survey. Burnett Oil is required to implement a variety of measures to prevent lasting impacts
and minimize short-term impacts to the preserve's resources during survey activities. The environmental
assessment only covers the seismic survey. Should Burnett Oil wish to pursue production of resources,
they must submit a new plan of operations which would undergo additional environmental review and
public comment periods. However, in July 2016, six environmental groups filed suit to stop Burnett Oil's
seismic survey.
In terms of non-federal land, states broadly regulate oil and gas exploration. In Florida, oil and gas
extraction activities are managed by the Department of Environmental Protection. State laws and
regulations governing unconventional oil and natural gas development have evolved in response to
changes in production practices, largely due to the use of high -volume hydraulic fracturing in
combination with directional drilling. However, state regulations vary considerably, leading to calls for
more federal regulation of unconventional oil and natural gas extraction activities.
In March 2015, DOI finalized regulations for hydraulic fracturing on public lands, which will allow
government workers to inspect and validate the safety and integrity of barriers lining the fracking wells,
require companies to publically disclose the chemicals used in fracturing, and set safety standards for how
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companies can store and dispose of used fracking chemicals. The rule only applies to federal lands, and
states still retain control of hydraulic fracturing on state and private lands.
In response to the rule, proponents of hydraulic fracturing introduced legislation to weaken the rule. Sen.
James Inhofe (R-OK) introduced the Fracturing Regulations are Effective in State Hands Act (S. 828),
which would give states sole authority over hydraulic fracturing on any land within their boundary and
require that hydraulic fracturing on federal land comply with the laws and regulations of the state in
which the land is located. The bill had 28 cosponsors in the 114'h Congress. It has yet to be reintroduced
in the 115'h Congress.
Meanwhile, supporters of increasing federal regulations for hydraulic fracturing have also introduced
legislation. Rep. Matt Cartwright (D-PA) introduced the Closing Loopholes and Ending Arbitrary and
Needless Evasion of Regulations (CLEANER) Act of 2015, which would close a loophole that allows oil
and gas producing companies to avoid hazardous waste disposal requirements. The bill had 101
cosponsors, including Rep. Deutch in the 114th Congress, but has not been introduced in the 1151h
Congress thus far.
In addition, Rep. Diana DeGette (D-NY) introduced the Fracturing Responsibility and Awareness of
Chemicals (FRAC) Act in the House (H.R. 1482) and Sen. Bob Casey (D-PA) introduced a Senate
version of the bill (S. 785) in March of 2015. Those bills would define hydraulic fracturing as a federally
regulated activity under the Safe Drinking Water Act, which would subject fracking activity to
underground drinking water protections and require industry to disclose the chemicals used in hydraulic
fracturing. The bills had 63 and 12 cosponsors, respectively, in the 114th Congress. The bills have not
been reintroduce din the 115'h Congress.
RECOMMENDED POSITION: Oppose relaxation of the prohibition against leases on permits for
drilling oil or gas wells within the boundaries of Florida's territorial seas. Oppose legislation that would
prevent the Florida Department of Environmental Protection from blocking requests for offshore drilling
in federal waters off Florida's coast. Oppose seismic surveying within the Everglades, surrounding
critical areas, or any other federal lands. Oppose efforts to ease restrictions on hydraulic fracturing and
other oil and gas extraction activities.
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FEDERAL ISSUE: Oil Spill Protection
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: The Oil Pollution Act (OPA) was
passed by Congress and signed into law in August 1990 in response to rising public concern following the
1989 Exxon Valdez oil spill. The OPA expanded the authority of the federal government to prevent and
respond to oil spills.
The OPA created the Oil Spill Liability Trust Fund, from which one billion dollars per spill is available
for such activities as expediting payments for those involved in cleanup efforts, payment of claims for
uncompensated removal costs and damages (e.g., financial losses of fishermen, hotels, and beachfront
businesses), and payments to a state or local governments for increased public services and the net loss of
government revenue. The Trust Fund is primarily funded by an 8-cent-per-barrel tax on oil. This rate is
scheduled to increase to 9 cents per barrel in 2017, which is also scheduled as the final year of the tax.
The OPA established several new regulations related to oil transportation, and broadened the scope of
damages for which an oil spiller would be liable, including:
• injury to natural resources,
• loss of personal property (and resultant economic losses),
• loss of subsistence use of natural resources,
• lost revenues resulting from destruction of property or natural resource injury,
• lost profits resulting from property loss or natural resource injury, and
• costs of providing extra public services during or after spill response.
Under OPA, holders of leases or permits for offshore facilities are liable for all cleanup costs, plus non -
cleanup and containment damages up to $75 million per spill. Although this was a significant increase
from before OPA was enacted, it is important to recognize that this also capped the liability for which BP
could be held responsible for the Deepwater Horizon oil spill.
In response, Senator Robert Menendez (D-NJ) and several other senators, including Senator Bill Nelson,
attempted to pass the Big Oil Bailout Prevention Unlimited Liability Act, a bill to raise the $75 million
cap limit to $10 billion, retroactive to before the spill occurred. This effort was blocked by other Senators
on the grounds that it would deter small companies from deepwater drilling. The bill was reintroduced in
the 113'h Congress but again failed to pass.
In February 2014, the Obama Administration announced a proposed rule to raise the liability cap under a
provision in OPA that provides for the limit on damages liability to be periodically adjusted by regulation
to reflect significant increases in the Consumer Price Index. On December 12, 2014, the Bureau of Ocean
Energy Management finalized their rule, increasing the liability cap from $75 million to $133.65 million,
the most allowable under OPA.
Monroe County would like to see additional changes to OPA and other associated laws to ensure that the
Oil Spill Liability Trust Fund is capable of addressing Spills of National Significance where there is no
financially viable or legally responsible party, and that local governments may act as first responders in
an effort to protect communities and be reimbursed for actions undertaken to protect resources and restore
damaged areas during oil spill events.
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RECOMMENDED POSITION: Support revisions to the Oil Pollution Act of 1990 and other associated
laws to ensure that local governments may act as first responders in an effort to protect local
communities, and be reimbursed for their actions undertaken to protect their resources and restore
damaged areas during oil spill events, and the Oil Spill Liability Trust Fund is capable of addressing
Spills of National Significance where there is no financially viable or legally responsible party.
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FEDERAL ISSUE: Property Assessed Clean Energy Legislation and Guidance
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: Property Assessed Clean Energy
(PACE) programs aim to support energy efficiency and clean energy, and in Florida wind resistance,
investments by homeowners and commercial property owners. This eliminates the upfront cost barriers of
those investments and ensures that current and future property owners fairly share the costs and benefits
of the improvements.
PACE is a financing tool that allows a home or property owner to receive low -interest financing for
energy efficiency, renewable energy and wind resistance improvements, thereby saving that property
owner money on their utility bills. PACE financing is repaid through a voluntary long-term assessment
on a homeowner's property taxes over a longer time period that matches the useful life of those
improvements. If a property owner sells their property, the repayment obligation, as well as the benefits
of the energy improvements, can transfer to the next property owner.
In 2010, Fannie Mae and Freddie Mac raised concerns due to the senior lien status PACE financing takes
over a mortgage as a local government assessment. Because Fannie and Freddie underwrite nearly ninety
percent of new mortgages, this slowed the development of PACE programs. During that time, numerous
PACE programs did develop and grow and currently over $1 Billion of PACE projects have been
completed across the country. In August of 2015, the Administration announced an effort to create
guidelines for PACE programs. Under new guidance, which is anticipated to be released spring of 2016,
PACE financing maybe subordinated in some limited cases; and those properties with subordinated
PACE financing will be able to be purchased and refinanced with a federally -backed mortgage from
Fannie Mae and Freddie Mac. Other guidelines are anticipated to address consumer protection issues.
Florida's PACE statute is unique in that it includes wind resistance improvements in terms of what can be
financed in a PACE program. Recently, the State of Alabama passed similar state legislation that
includes flood mitigation in the types of improvements that PACE programs can undertake. Monroe
County supports such an expansion of PACE in Florida.
RECOMMENDED POSITION: Support legislation and guidelines that would allow for the creation of
residential and commercial PACE programs in Monroe County to finance a number of home and
commercial property improvement projects including energy efficiency, flood mitigation, or hurricane
protection.
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FEDERAL ISSUE: Continuum of Care Program — Federal Homeless Assistance
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: In 1987, Congress passed the
McKinney-Vento Homeless Assistance Act as a response to the increase in homelessness in the United
States. It originally created several programs within the Department of Housing and Urban Development
(HUD) that focused on combating the root causes of homelessness. The McKinney-Vento Act has been
amended many times, most recently in 2009, when President Obama signed the Homeless Emergency
Assistance and Rapid Transition to Housing (HEARTH) Act. The HEARTH Act updated and expanded
the definition of homelessness and made changes to existing programs under McKinney-Vento. Also
under the HEARTH Act, three previously separate HUD homeless assistance programs - the Supportive
Housing Program (SHP), Shelter Plus Care program (S+C), and the Single Room Occupancy (SRO)
program - were grouped under the umbrella of the Continuum of Care (CoQ program.
The CoC program provides competitive grant funding to local governments and non -profits. It requires
communities seeking funds to develop a Continuum of Care system designed to address the critical
problem of homelessness through a coordinated community -based process of identifying needs and
building a system to address them. The approach is predicated on the understanding that homelessness is
not caused merely by a lack of shelter, but involves a variety of underlying, unmet needs, including
physical, economic, and social.
Under the CoC program, the SHP provides assistance to help the homeless transition from their current
state to a more stable living situation. The goals of the program are to provide assistance to help the
homeless achieve residential stability and foster independence through programs that increase skills
and/or income levels.
The S+C program provides rental assistance that, when combined with social services, provides
supportive housing for homeless people with disabilities and their families. The program allows for a
variety of housing choices, such as group homes or individual units, coupled with a range of supportive
services.
The SRO was created to expand suitable residential opportunities for homeless individuals. This has been
accomplished through compensating owners of eligible SRO residences, for a period of 10 years, for
improvements made to kitchen and bathroom facilities, as well as providing rental assistance for the
residents that occupy those units.
Under the HEARTH Act, HUD added 12 new eligible activities for funding under the CoC program,
which include the following: housing search mediation or outreach to property owners; credit repair;
provision of security or utility deposits; rental assistance for a final month at a location; assistance with
moving costs; and/or other activities that help homeless individuals move immediately into housing or
would benefit individuals who have moved into permanent housing in the last six months. In addition, the
HEARTH ACT requires established CoC's to rank their projects for funding into two categories: Tier I
new or renewal projects, which are most likely to receive funding; and Tier II new or renewal projects,
whose funding is dependent on the resources still available and the strength of the CoC's application.
The Monroe County Continuum of Care is the lead agency designated by HUD and the State of Florida
for coordinating and planning homeless services in the Florida Keys. The CoC organizes the
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collaboration of local agencies, including Monroe County Social Services and the Monroe County School
District, to provide critical supportive services for the homeless.
The CoC competitive grants are funded through the Homeless Assistance Grants account for HUD.
Congress provided $2.135 billion in the omnibus appropriations bill for Homeless Assistance Grants in
FY 15 and $2.25 billion in the FY 2016 omnibus appropriations bill. For FY 17, the Administration
proposed an increase in funding to $2.664 billion. The Senate recommends $2.33 billion and the House
recommends $2.487 billion in their respective versions of the FY 17 Transportation, Housing and Urban
Development Appropriations bill.
RECOMMENDED POSITION: Support continued adequate annual funding for Department of Housing
and Urban Development Homeless Assistance Grants, particularly for the Continuum of Care Program.
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FEDERAL ISSUE: Aging Issues
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: Most federal programs that exist for
the delivery of social and nutritional services for the elderly in Monroe County emanate from the Older
Americans Act (OAA). These include supportive services, congregate nutrition services (meals served at
group sites such as senior centers, schools, churches, or senior housing complexes), home -delivered
nutrition services, family caregiver support, community service employment, and services to support the
health, and prevent the abuse, neglect, and exploitation, of older persons.
The OAA was reauthorized in April 2016 through Fiscal Year 2019. This marks a major milestone as the
programs under the OAA operated without authorization since Fiscal Year 2011. The bill was
championed by Senators Alexander and Sanders and ultimately passed both the House and Senate by a
voice vote.
The majority of the funding for OAA grant programs goes through the Department of Health and Human
Services' Administration for Community Living (ACL), which provides formula funds to state and local
agencies designated to provide direct services to the elderly. The ACL also offers some competitive
opportunities.
The federal government provides some flexibility for spending allocated OAA funds in areas where there
is a greater need. These services are available to all persons aged 60 and older, but are targeted to those
with the greatest economic or social need, particularly low-income and minority persons and the elderly
who live in rural areas.
During a time when funding for many federal domestic programs has been significantly reduced,
appropriations provided for the ACL have remained relatively stable. Between Fiscal Years (FY) 2013-
2015, funding for the ACL was $1.47 billion, $1.61 billion, and $1.62 billion, respectively. For FY 2016,
the Administration proposed a slight increase to $2.1 billion for the ACL and its programs. Congress,
however, provided $1.96 billion for the ACL in the FY 2016 omnibus. While FY 2017 appropriations
bills are not yet enacted, the House Appropriations Committee recommends $2 billion in funding for the
ACL while the Senate Appropriations Committee recommends $1.935 billion.
RECOMMENDED POSITION: Support adequate federal funding for Alzheimer's and dementia
research at the National Institute on Aging. Support continued adequate annual funding for Older
Americans Act programs that support critical social service programs serving elderly persons in Monroe
County.
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FEDERAL ISSUE: Social Services Block Grant
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: The Social Services Block Grant
(SSBG) is a federal program administered by the U.S. Department of Health and Human Service's
Administration for Children and Families that provides funding to the states for social services for eligible
populations. The program is permanently authorized under the Social Security Act.
States have broad discretion over how to utilize the funds, but SSBG is generally used to meet at least one
of the following goals: 1) achieving or maintaining economic self-support; 2) achieving or maintaining
personal self-sufficiency; 3) preventing or remedying neglect; 4) preventing or reducing inappropriate
institutional care by providing for community -based care; and 5) securing referral or admission for
institutional care when other forms of care are not appropriate. Services may include daycare, protective
services, services to persons with disabilities, foster care, adoption, case management, health -related
services, transportation, meal delivery, or any other services found necessary by the state that meets
eligible criteria.
The SSBG program has seen stable funding over the past several years. It was funded at $1.7 billion in
FY 2015. The Administration proposed level funding for the program in its FY 2016 budget request,
which was also ultimately granted by Congress in the FY 2016 omnibus. Both the House and Senate
Appropriations Committee recommend level funding of $1.7 billion for the SSBG program in FY 2017.
RECOMMENDED POSITION: Support continued adequate funding for the Social Services Block Grant
program.
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FEDERAL ISSUE: Mental Health Care
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: It is estimated that more than 50
million Americans experience some form of mental illness each year, with 11 million considered severely
mentally ill. Millions of those who suffer (approximately 40 percent), however, are not able to access the
treatment they need. Even when care is delivered, it is often delayed for more than two years after the
illness first appears.
There has been a renewed interest in mental health care over the past several years. The Patient
Protection and Affordable Care Act (ACA, also known as "Obamacare") included significant reforms to
mental health coverage. Specifically, the legislation named mental health treatment as an essential health
benefit that insurance plans are required to cover. While most large -group plans previously offered some
kind of mental health benefits, only 18 percent of small -group and individual plans covered mental health.
Furthermore, it is estimated that the Medicaid expansion under the ACA has provided as many as 2.8
million people who suffer from a serious mental illness with coverage.
In addition to these provisions, the Administration has begun to implement the 2008 Mental Health Parity
and Addiction Equity Act, which requires insurers to cover mental health at a level that is comparable to
their physical health coverage.
In December 2016, President Obama signed into law the 21st Century Cures Act, which includes a
number of provisions related to healthcare, mental health, and addiction. Among other things, the bill
reauthorizes several key mental health and substance abuse programs, such as the Community and Mental
Health Services block grant, the Substance Abuse Prevention and Treatment block grant, and the
Mentally Ill Offender Treatment and Crime Reduction Act. It also includes a provision to strengthen the
Mental Health Parity and Addiction Equity Act.
Lastly, the Helping Families in Mental Health Crisis Act, which was passed by the House in July and
includes a number of positive mental health reforms, has been rolled into the 21st Century Cures Act.
This legislation proposed reorienting the mental health system from its focus on serving the largest
number of highest functioning patients towards providing treatment for the most seriously mentally ill
instead. Specific initiatives within the legislation include: lifting a 16-bed cap on inpatient psychiatric
hospital beds under Medicaid, advancing tele-psychiatry to link primary care doctors with mental health
providers in areas where patients do not have access to such services, increasing funding for brain
research to better understand the underlying causes of mental illness, extending health IT so mental health
providers can better coordinate with primary care physicians, and implementing criminal justice reforms
so patients are treated within the healthcare system and not through the justice system, among several
other provisions.
The legislation has an estimated $6.3 billion price tag. Roughly half of the bill would be offset by future
cuts of $3.5 billion to the Prevention and Public Health Fund, which was created by the Affordable Care
Act (Obamacare) and helps fund public health departments around the country. It is important to note
that this fund may disappear as Congress and the Trump Administration work to repeal Obamacare,
thereby making these "savings" meaningless.
RECOMMENDED POSITION: Support legislation that responsibly expands treatment options and
support for the mentally ill.
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FEDERAL ISSUE: Public Safety Programs
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: Federal grant funding for many
Department of Justice (DOJ) and Department of Homeland Security (DHS) programs are provided as
block grants with each state receiving a certain amount of funding, generally linked to population. That
funding is then passed through to local jurisdictions to help support police, fire, emergency management,
and homeland security functions. Examples of these formula programs include the Emergency
Management Performance Grant (EMPG) and the Byrne Justice Assistance Grant (JAG).
In other instances, funding from federal programs is made available to local governments via competitive
grant solicitations. Competitive program funds can be used to hire police officers through Community
Oriented Policing Services (COPS) or firefighters through Staffing for Adequate Fire & Emergency
Response Grants (SAFER), and purchase equipment through the Assistance to Firefighters Grant (AFG).
There is also another category of grants that are distributed to certain recipients based on specific criteria,
such as the Urban Area Security Initiative (UASI), which provides funds to eligible regions to help
communities prepare for, prevent, respond to, and recover from potential attacks and other hazards.
Monroe County has benefited from several of these federal programs in the past, while other programs
offer competitive grant opportunities from which the County may seek funds.
In FY 2015, Congress provided funding for the COPS and JAG programs at $180 million and $376
million, respectively. Both the AFG and SAFER fire -related grants each received $340 million, and UASI
received $600 million. EMPG, meanwhile, received $350 million.
For FY 2016, COPS and JAG were provided with $187 million and $476 million, respectively. Congress
provided $345 million each for AFG and SAFER, $600 million for UASI, and $350 million for EMPG.
For FY 2017, the Senate included $389 million for the JAG program and $187 million for the COPS
program while the House included $425 million for the JAG program and $0 for the COPS program in
their versions of the FY 2017 Commerce, Justice and Science Appropriations bill. With regard to the
homeland security programs, the House and Senate included $340 million for each of the SAFER and
AFG programs, $350 million for EMPG, and $600 million for UASI in their respective versions of the FY
2017 Homeland Security Appropriations bill. The federal government is currently operating under a
Continuing Resolution through April 28, 2017. The FY 2017 appropriations process is not expected to be
completed until that time.
Emergency Operations Center
Meanwhile, the Monroe County Emergency Operations Center (EOC) in Marathon is woefully
inadequate for the threats that natural events pose to the Florida Keys. A new facility will cost roughly
$25 million. $100 million in federal funding for the construction of EOC's was provided via the stimulus
legislation of President Obama's first term. However, since then, Congress has not provided additional
funding for the construction of EOC's and potentially applicable grant programs will not allow
applications for EOC construction, making securing federal funding for the construction of an EOC
difficult in the near -term.
RECOMMENDED POSITION: Support continued funding for the wide variety of DOJ and DHS grants,
i.e., Community Oriented Policing Services, Byrne Justice Assistance Grants, Emergency Management
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Preparedness Grants, Assistance to Firefighters Grants, Staffing for Adequate Fire and Emergency
Response Grants, Urban Areas Security Initiative grants, and other security -specific grants. Support any
Monroe County applications for these funds. Support federal funding for the construction of Emergency
Operations Centers.
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FEDERAL ISSUE: Tourist Development Taxes
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: In the I I Ph and 113th Congresses,
attempts were made to insert language into various pieces of legislation that would have exempted online
travel brokers (Expedia, Travelocity, etc.) from remitting the full bed tax rate collected from consumers to
the appropriate local government. For instance, if an online travel broker were to pay $60 for a room in
Monroe County and then sell that room to a consumer for $100, they would be able to, under the
proposal, only remit $6 dollars to the local government instead of $10 (using a 10 percent bed tax for
illustrative purposes).
In 2009, Monroe County filed an action on behalf of itself and 32 other Florida local governments against
a number of online travel companies alleging that the companies have failed to collect and/or pay taxes
under the respective tourist development tax ordinances. Monroe County and its partners in the lawsuit
agreed to settle with the online travel companies for $6.1 million in 2010. During 2012, there were
several Florida State Circuit Court cases that ruled in favor of the online travel brokers. Two cited that
Florida law is not clear on the issue, while a Circuit Court Judge ruled more directly that the online travel
broker only owes local tourist taxes on the discounted rates they paid for the rooms. Then, in June of
2015, the Florida Supreme Court affirmed the lower court rulings, stating that online travel companies are
not hotels and, therefore, do not have to pay occupancy fees.
Meanwhile, in September of 2012, the District of Columbia government won a suit where a judge ruled
that online companies (OTCs) should repay back taxes on the full retail price of hotel rooms they sold to
consumers in the years after the D.C. City Council passed legislation mandating they do so. In February
of 2014, a conditional settlement was reached in this case with six online travel firms. Although they
have a right to appeal the D.0 Superior Court decision, they agreed to pay $60.9 million in back taxes to
the D.C. government. Between 1998 and 2010, the amount owed in the lawsuit was estimated to be over
$200 million.
These examples demonstrate how courts across the country have ruled differently on this issue over the
past few years, which has led online travel purveyors to continue seeking federal legislation that would
codify their goal of not remitting taxes on the price of the hotel room paid by the consumer. In 2012,
several of these online discount travel brokers (including Expedia, Orbitz, and Priceline) organized and
registered to lobby under a new organization called the "Interactive Travel Services Association," whose
purpose is to advocate on several issues, including "taxes and fees related to travel."
In May 2013, Expedia and other online hotel room purveyors attempted to amend the Marketplace
Fairness Act to achieve their transient occupancy tax objectives. Ultimately, this effort was unsuccessful
and the bill passed the Senate without this language.
In 2014, Monroe County collected $31 million in tourist development taxes, which are used to support the
tourism industry in the region. The County saw an increase of 12.2 percent in bed tax revenues and leads
the state in occupancy and average daily rates for most of the year. This level of funding underscores the
importance of tourist development tax revenue and the need to ensure it is not constrained by detrimental
legislation.
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RECOMMENDED POSITION: Oppose legislation that would exempt online travel brokers from paying
taxes on the full room rate paid by the consumer, thereby costing Monroe County the opportunity to
collect appropriate tourist development taxes from visitors to the region.
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FEDERAL ISSUE: Remote Sales -Tax Legislation
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: Currently, retailers are only required
to collect sales tax in states where they have brick -and -mortar stores. The burden then falls to consumers
to report to state tax departments any sales taxes they owe for online purchases. Often, due to complex
reporting requirements, consumers do not report those purchases when completing their tax returns. As a
result, local retailers are at a competitive disadvantage because they must collect sales taxes while out-of-
state retailers, including many large online and catalog retailers, essentially give their customers a
discount by collecting no state or local sales taxes.
Therefore, the current sales tax system is perceived as being unfair to brick -and -mortar retailers that
employ local residents, including local stores as well as national chains like Best Buy or Home Depot.
The lost revenue is also a drain on local governments. In 2014, uncollected sales tax was estimated to
have cost local governments $23 billion nationwide.
To correct this inequity across the country, Congress introduced the Marketplace Fairness Act in both the
House and Senate during the 113th Congress. The bill would have created two systems from which states
could choose to facilitate the process of collecting these taxes. The first would have been the already
established Streamlined Sales and Use Tax Agreement (SSUTA), which would have simplified state and
local sales and use tax laws. Twenty-four states have already signed this agreement, which is also
supported by the National League of Cities and the U.S. Conference of Mayors. The second alternative
would have allowed for states to meet minimum requirements for their state tax laws and administration
thereof. To protect small, online retailers, this legislation would have also exempted sellers who make
less than $1,000,000 in total remote sales from the requirement to collect taxes.
In 2013, the Senate passed the Marketplace Fairness Act with bipartisan support by a vote of 70-24, with
Senator Nelson voting for the measure and Senator Rubio against it. In the House, companion legislation
was not considered, although it had 67 cosponsors, including Florida Representatives Deutch, Ross,
Wilson, and Diaz-Balart, and former Rep. Crenshaw.
The issue reemerged in the 114th Congress. Most recently, in August 2016, House Judiciary Committee
Chairman Bob Goodlatte (R-VA) released a discussion draft known as the Online Sales Simplification
Act (OSSA), which would implement a hybrid -approach to taxing purchases made remotely. Under the
draft, states would be able to impose sales tax on remote sales if the state first participates in a
clearinghouse established under the OSSA. Then, remote sales would be taxable if the origin state
collects sales taxes, yet at a rate adopted by the destination state. The sales tax rate would be a single
state-wide rate determined by each participating state. This is significant as it would eliminate the option
for many communities to add additional sales taxes for various local needs.
The increasing pressure to pass remote sales tax legislation may have something to do with court cases in
South Dakota and Alabama that are challenging a 1992 Supreme Court decision holding that states cannot
require retailers with no in -state presence to collect sales tax. Both states have recently enacted rules
requiring all retailers who sell more than a certain dollar amount of goods annually in the state to collect
sales tax, regardless of physical presence. Overturning the 1992 decision would require the Supreme
Court to take up at least one of the cases (and rule in favor of the state) or an act of Congress.
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Given this, and the reluctance of many Republicans to pass such a law, the issue may remain in the courts
for the next several years. However, there is still a small a possibility that remote sales tax language
could be included in a broader tax reform package that could be considered in the I I5th Congress.
RECOMMENDED POSITION: Support legislation that requires companies making catalog and internet
sales to collect and remit the associated taxes. Support federal tax policies that maintain revenue streams
to local governments.
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FEDERAL ISSUE: Tax -Exempt Bonds
BACKGROUND; HOW IT MAY AFFECT MONROE COUNTY: Although municipal bonds have been
tax-exempt for almost 100 years, a number of federal proposals target this exemption, particularly as part
of the debate regarding tax reform or federal spending reduction. With local governments facing severe
budget difficulties, any proposal to limit the tax exemption would put more pressure on local finances by
reducing demand for tax-exempt bonds and increasing borrowing costs for local governments, ultimately
leading to higher taxes or reduced services.
As in previous years, the Obama Administration proposed a 28 percent limit on all itemized deductions
for high -income individuals in its Fiscal Year (FY) 2017 budget. If accepted by Congress, this would
apply to all new and outstanding municipal bonds. According to a study conducted by the National
Association of Counties, if this 28 percent cap had been in place over the past decade, borrowing costs to
state and local governments would have increased by over $173 billion, while a full repeal would have
cost nearly $500 billion over the same time period.
Meanwhile, the Trump Administration and the 115th Congress are expected to focus on comprehensive
tax reform in 2017, making it a top priority. Among many other provisions, and to generate revenue to
cover the cost of legislation, the Trump Administration has suggested its tax reform agenda will "reduce
or eliminate most deductions and loopholes available to the very rich."
This almost surely would include municipal bond deductions, meaning that bond issuers would have to
offer higher rates to attract investors. It is estimated that the difference in the rate of earnings the County
and other local governments would need to offer prospective buyers for their taxable bonds would depend
on the market, but typically would range from 1.5 to 2 percent more for those offerings. On $1 million
borrowed, this would likely cost $20,000 more in interest per year. Taking this further, if the County
were to amortize a $100 million loan over 30 years at taxable bond rates two percent higher than if the
bonds were tax-exempt, the additional cost to taxpayers over those 30 years could be roughly $30 million.
RECOMMENDED POSITION: Oppose legislation that would threaten the tax exemption on state and
local bonds, including a 28 percent cap on tax-exempt municipal bonds.
51
-Tionroeounty Boardof Countyi,'Support Letters and
Resolutions
i ■* to Federal
i of
Importance
i • the County
County of Monroe
The Florida Keys
7
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 292-4441 - Phone
(305) 292-4544
United States Senate
Washington, DC 205 10
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Mayor George Neugem. Diillstrict 2
Mayor Pro Tei lull rn David Rice. District 4
Heather Carruthers, District 3
Danny L Kolhage, District I
Sylvia J. Morphy. District 5
ZIN
As Congress wraps up the Fiscal Year (FY) 2017 appropriations process and begins the Fiscal Year (FY) 2018
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• Tlie National Flood Insurance Prosram (NFIP) is impacted in two ways by the Administration's FY 2018 proposal.
The first is a suggestion to restructure the program "to ensure that the cost of Government services is not subsidized
by taxpayers who do not directly benefit from those programs". Although there is no additional detail provided, it is
essential that flood insurance remain affordable for our citizens.
• The second change to the NFIP is a proposal to eliminate the appropriation for the NFIP's Flood Ha7ard Mapping
Program and potentially pay for these activities by adding another surcharge onto NFIP policies. With over 30,000
NFIP policies in force in Monroe County, on both commercial and residential properties, the affordability and
stability of (he NFIP is of vital importance to the County.
• The proposed reduction of funding for Payment In Lieu of Taxes (PILT) in FY 2017 by $80 million from the
amount currently proposed by both the House and the Senate, as well as continued reductions in FY 2018 would
have a detrimental impact to the County. Approximately 19% of the County's land is eligible for compensation
through PILT. In FY 2016, the County received just over S 1. 1 million dollars in PELT payments.
• Reduced funding to the Army Corps of Engineers by over $100 million for FY 2017 and by $1 billion in FY 2018
will directly impact projects important to the County, such as the Florida Keys Water Quality Improvements
Program (FKWQIP) and the restoration of the Everglades.
• The elimination of nearly $150 rWIlion in National Oceanic and Atmospheric Administration (NOAA) grants in FY
2017 and cuts to grants and programs for coastal and marine management, including the Sea Grant program, of over
$250 million in FY 2018 would detrimentally impact the condition of our coastline and the health of the marine
ecosystem, especially in the Florida Keys National Marine Sanctuary.
These are ust a few of the most im rtant &omms to Monroe Coia. We I 6"t",
F-vlf" UJU -r-gill tolu pur-Usk"S for r FXffc,
We will also share any additional concerns that may arise from the release of the Administration's full FY 2018 budget in
May. M
S in 4ce y,
Mayor George Neugent
County of Monroe
The Florida Keys
Office of the County Administrator
The Historic Gato Cigar Factory
I 100 Simonton Street, Suite 205
Key West, FL 33040
(305) 292-4441 — Phone
(305) 292-4544 - Fax I
United S St
oates enate
Washingtn, DC 205 1 "0
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Mayor George Neugent, District 2
Mayor Pro Tem David Rice. District 4
Heather Carruthers. District 3
Danny L. Kolhage. Districi I
Sylvia J. Murphy. District 5
• The 11ational Flood Insurance Program (NFIP) is impacted in two ways by the Administration's FY 2018 proposal.
The first is a suggestion to restructure the program "to ensure that the cost of Government services is not subsidized
by taxpayers who do not directly benefit from those programs". Although there is no additional detail provided, it is
essential that flood insurance remain affordable for our citizens.
• The second change to the NFIP is a proposal to eliminate the appropriation for the NFIP's Rood Hazard Mapping
Program and potentially pay for these activities by adding another surcharge onto NFIP policies. With over 30,000
NFIP policies in force in Monroe County, on both commercial and residential properties, the affordabty and
stability of the NFIP is of vital importance to the County.
• The proposed reduction of funding for Payment In Lieu of Taxes (PILT) in FY 2017 by $80 million from the
amount currently proposed by both the House and the Senate, as well as continued reductions in FY 2018 would
have a detrimental impact to the County. Approximately 19% of the County's land is eligible for compensation
through PILT. In FY 2016, the County received just over $1.1 million dollars in PILT payments.
• Reduced funding to the Army Corps of Engineers by over $100 million for FY 2017 and by $1 bon in FY 2018
will directly impact projects important to the County, such as the Florida Keys Water Quality Improvements
Program (FKWQIP) and the restoration of the Everglades.
• The elimination of nearly $150 million in National Oceanic and Atmospheric Administration (NOAA) grants in FY
2017 and cuts to grants and programs for coastal and marine management, including the Sea Grant program, of over
$250 million in FY 2018 would detrimentally impact the condition of our coastline and the health of the marine
ecosystem, especially in the Florida Keys National Marine Sanctuary.
'nwse am just a few of the most important programs to Monroe County. We look forward to continuing to work with you to
Vamwoaria-dr& C-L't-Lzeric 0 WY-11 i 7 &,�l
We will also share any additional concerns that may arise from the release of the Administration's full FY 2018 budget in
may.
S ncere i ; ly,
Mayor George Neugent
County of Monroe
The Florida Keys
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 2924441 — Phone
(305) 292-4544
27 �
'Me Ali norable Carlos L. Curbelo
Washington, DC 20515
MAL I OWN IrAllm! F#
I)MIKIIIJOISALUI 31�51pm��
Mayor George Neugent. District 2
Mayor Pro Tern David Rice, District 4
Heather Carruthers. District 3
Danny L. Kolhage. District I
Sylvia J. Murphy. District i
• Ile National Flood Insurance Program (NFIP) is impacted in two ways by the Administration's FY 2018 proposal.
The first is a suggestion to restructure the program "to ensure that the cost of Government services is not subsidized
by taxpayers who do not •directly benefit from those programs". Although there is no additional detail provided, it is
essential that flood insurance remain affordable for our citizens.
• The second change to the NFIP is a proposal to eliminate the appropriation for the NFIP's Flood Hazard Mapping
Program and potentially pay for these activities by adding another surcharge onto NFIP policies. With over 30,000
NFIP policies in force in Monroe County. on both commercial and residential Properties, the affordabty and
stability of the NFIP is of vital importance to the County,
• The proposed reduction of funding for Payment In Lieu of Taxes (PILT) in FY 2017 by $80 million from the
amount currently proposed by both the House and the Senate, as well as continued reductions in FY 2018 would
have a detrimental impact to the County. Approximately 19% of the County's land is eligible for compensation
through PILT. In FY 2016, the County receivedjust over $ 1.1 million dollars in PILT payments.
• Reduced funding to the Army Corps of Engineers by over $100 million for FY 2017 and by $1 billion in FY 2018
will directly impact projects important to the County, such as the Florida Keys Water Quality Improvements
Program (FKWQIP) and the restoration of the Everglades.
• The elimination of nearly $150 million in National Oceanic and Atmospheric Administration (NOAA) grants in FY
2017 and cuts to grants and programs for coastal and marine managcment, including the Sea Grant program, of over
$250 million in FY 2018 would detrimentally impact the condition of our coastline and the health of the marine
ecosystem, especially in the Florida Keys National Marine Sanctuary.
These are just a few of the most important programs to Monroe County. We look forward to continuing to work with you to
best serve the citizens of Monroe as you conclude the appropriations process for FY 2017 and begin the process for FY 2018.
We will also share any additional concerns that may arise from the release of the Administration's full FY 2018 budget in
May.
;Since y,
a
ayor George Neugent
RESOLUTION NO. 111 - 2017
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
OPPOSING OFFSHORE OIL DRILLING IN THE
EASTERN GULF OF MEXICO AND SUPPORTING THE
CURRENT MORATORIUM ON DRILLING IN THE
EASTERN GULF.
WHEREAS, Monroe County, aka "The Florida Keys," is a series of islands nestled
between the waters of the Gulf of Mexico and the Atlantic Ocean, and whose coastline
encompasses the Florida Keys National Marine Sanctuary ("FKNMS") and Everglades National
Park; and
WHEREAS, the unique marine ecosystem of the Florida Keys is home to the only living
coral reef in the continental United States and the largest documented sea grass bed in the world,
and supports more than 6,000 species of fishes, invertebrates, and plants; and
WHEREAS, the Gulf waters surrounding the Florida Keys provide critical spawning
habitats to a multitude of recreational and commercial migratory, endemic, coastal and pelagic
finfish and shellfish, and unparalleled support to fisheries of the entire Gulf of Mexico; and
WHEREAS, Monroe County's near shore waters alone provide habitat for 80 percent of
the fish species in the United States; and
WHEREAS, the Gulfs marine environment provides the foundation for robust local and
regional economic activity, primarily tourism and recreational and commercial fishery industries
that generate more than 70,000 jobs and more than $6 billion annually; and
WHEREAS, the 2010 the Deepwater Horizon Oil rig explosion in the Gulf of Mexico
killed I I people and caused the largest marine oil spill in U.S. history, spilling almost 5 million
barrels of oil over 84 straight days, and oiling more than I,000 linear miles of shoreline and
habitat, killing an estimated l million birds and thousands of sea turtles and dolphins, extensively
damaging deep sea coral communities, and killing and contaminating untold numbers of fish,
shrimp and oysters; and
WHEREAS, oil drilling activity in the Gulf of Mexico and accidents such as the
Deepwater Horizon oil spill are incompatible with protecting the Gulfs environmental resources
and clean and healthy waters that the State of Florida and its coastal communities such as the
Florida Keys are so economically dependent upon; and
WHEREAS, located in the eastern Gulf of Mexico is the Joint Gulf Range Complex, a
critical military testing and training zone, whose national defense activities are incompatible with
drilling activity; and
WHEREAS in 2006 Congress passed the Gulf of Mexico Energy and Security Act (P.L
109-432) creating a moratorium on drilling in most of the Eastern Gulf of Mexico; and
Page 1 of 3
Packet Pg. 2579
WHEREAS, the US Department of the Interior has announced its intention to lift the
moratorium and open up for sale for oil and gas drilling 73 million acres in the federal waters of
the Gulf of Mexico; and
WHEREAS, Monroe County's citizens have on numerous previous occasions
expressed opposition to offshore oil drilling in waters in and about the Florida Keys with
Resolutions 203-1987, 178-1988, 223-2008, 130-2006, and 136-20I0; and
WHEREAS, Monroe County's citizens remain strongly opposed to the lifting of the
moratorium and any new offshore oil and gas leasing, exploration, drilling activity and seismic
inventories affecting Florida's coast, and continue to support the strongest possible protections
for Florida and its invaluable environmental resources from the impacts of offshore oil and gas
exploration; and
NOW THEREFORE, BE IT RESOLVED by the Monroe County Board of County
Commissioners that:
1. The above recitals are hereby incorporated into this resolution as restated herein
constitute the legislative findings and intent of the Board of County Commissioners
of Monroe County, Florida.
2. The Clerk for this Board shall furnish copies of this resolution to:
• U.S. Senator Bill Nelson, 716 Senate Hart Office Building, United States Senate,
Washington, DC 20510
• U.S. Senator Marco Rubio, 284 Russell Senate Office Building, United States Senate,
Washington, DC 20510
• U.S. Representative Carlos Curbelo, District 26, 1404 Longworth House Office
Building, United States House of Representatives, Washington, DC 20515
• Florida Governor Rick Scott, State of Florida, The Capitol, 400 S. Monroe St.,
Tallahassee, FL 32399-0001
• Florida Senate President Joe Negron, 305 Senate Office Building, 404 South
Monroe Street, Tallahassee, FL 32399-1100
• Florida House Speaker Richard Corcoran, 420 The Capitol, 402 South Monroe
Street, Tallahassee, FL 32399-1300
• State Senator Anitere Flores, District 39, 404 Senate Office Building, 404 South
Monroe Street, Tallahassee, FL 32399-1100
• State Representative Holly Raschein, District 120, 209 House Office Building,
402 South Monroe Street, Tallahassee, FL 32399-1300
• Secretary of the Interior Ryan Zinke, U.S. Department of the Interior, I849 C
Street NW, Washington, DC 20240.
• Secretary Ryan Matthews, Florida DEP, Office of the Secretary, 3900 Commonwealth
Boulevard, Tallahassee, FL 32399
Page 2 of 3
5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County
Florida, at a regular meeting of said Board held on the 12'4 day of April, 2017.
By:
Mayor George Neugent
Yes
Mayor Pro Tem David Rice
Yes
Commissioner Danny Kolhage
Yes
Commissioner Heather Carruthers
Yes
Commissioner Sylvia Murphy
Yes
Madok, Clerk
Clerk
By:
Mayor
PA YED
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3 W 17
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Page 3 of 3
Mayor George Neugent
RESOLUTION NO. , 089 - 2017
A RESOLUTION OF THE BOARD OF COUNTY
COMNIISSIONERS OF MONROE COUNTY, FLORIDA
REQUESTING SUPPORT FOR THE FLORIDA SEA GRANT
COLLEGE THROUGH THE FEDERAL CONGRESSIONAL
PROGRAMMATIC BUDGET REQUEST FY18 FUNDING
FOR THE NATIONAL SEA GRANT COLLEGE PROGRAM
IN THE AMOUNT OF $80 MILLION.
WHEREAS, the National Sea Grant program has 50 years of strong bipartisan support
and well -documented tremendous economic benefits to the State of Florida, it leverages a large
amount of local, state and private funds and it is a unique program in NOAA in that 95% of the
funds appropriated come directly to the states. The work that is done by the Florida Sea Grant is
about solving priority problems identified by coastal constituents; and
WHEREAS, the Florida Sea Grant, and the three other Sea Grant programs in the Gulf of
Mexico, are leading a multi -year study to conduct an independent assessment of the status of red
snapper stocks in the Gulf of Mexico, at the express request of members of the United States
Senate and House of Representatives; and
WHEREAS, in the 1980's, the Florida Sea Grant pioneered the best management
practices for deploying and monitoring artificial reefs and today provides training for artificial
reef coordinators in counties and holds the biennial meeting of reef coordinators where new
methods, rules and issues are discussed. The economy surrounding artificial reefs, in five
counties in Florida alone, exceeds $250 Million a year and provides several thousand jobs; and
WHEREAS, the Florida sponge fishery was in serious trouble because environmental
groups were lobbying to have it curtailed due to non -sustainable harvesting. UFIiFAS, the
Florida Sea Grant researchers and Extension agents worked with the sponge industry to discover
a new method to sustainably harvest sponges and taught harvesters how to do it. The work was
done in partnership with the industry. As a result, one of the most sustainable fisheries in the
nation continues and thrives; and
WHEREAS, $75,000 has been awarded to Monroe County from NOAA through the Sea
Grant for the sea level rise modeling; and
WHEREAS, $200,000 from the Florida Sea Grant for sponge restoration research in
Monroe County was awarded for FY 2017-18; and
Page 1 of 3
Packet Pg. 2582
Mayor George Neugent
WHEREAS, Local Sea Grant funds average $90,000 - $110,000 and include funding for
one local agent, research projects and specialists. Monroe County and the University of Florida
match more than $500,000 to support Extension services including the Sea Grant; and
WHEREAS, the OF-IFAS Monroe County Sea Grant Program partnership was
established with the Florida Fish & Wildlife Conservation Commission, Old Dominion
University and project partners to restore shallow -water sponges in Florida Bay. This large-scale
community sponge restoration uses volunteers and scientists to restore more than 15,000 sponges
in Florida Bay using a grant of $379,945; and
WHEREAS, the OF-IFAS Monroe County Sea Grant provides the Florida Keys Water
Watch Program which includes 355 citizens, students and teachers who have been trained to
perform monthly water quality testing for dissolved oxygen, pH, salinity and temperature and
enter this data into the Water Quality Database. To date, volunteers are collecting water quality
data at 71 sites from Key West to Key Largo, with more than 525 database entries. Grant
funding for the program exceeds S 182,000; and
WHEREAS, Monroe County benefits from the Sea Grant monitoring, research and
education funding and many Sea Grant experts have consulted on County issues; and
WHEREAS, the local Sea Grant Agent provides expertise on steering and advisory
committees to support water quality such as the South Atlantic Fishery Management Council and
the Florida Keys National Marine Sanctuary Advisory Council; and
WHEREAS, support from the Florida State and Federal Legislatures to include a
programmatic budget request for FYI funding for the National Sea Grant College Program in
the amount of $80 million dollars would keep the many programs that benefit Monroe County in
place;
Section 1. The Board requests Federal Legislative support for the Florida Sea Grant
College through federal congressional programmatic budget requests in
FYI funding for the National Sea Grant College Program in the amount
of $80 million dollars.
Section 2, The Board directs the County Administrator to publicize the Board's
position on the Florida Sea Grant Program to the general public.
Page 2 of 3
Mayor George Neugent
Section 3. A copy of this Resolution shall be transmitted to Florida Legislators to
prompt action with transmittal to be coordinated by Monroe County
Extension Services.
Section 4. SEVERABILI TY. If any portion of this Resolution is determined by any
Court to be invalid, the invalid portion shall be stricken, and such striking
shall not affect the validity of the remainder of this Resolution. If any
Court determines that this Resolution, or any portion hereof, cannot be
legally applied to any individual(s), group(s), entity(ies), property(ies), or
circumstance(s), such determination shall not affect the applicability
hereof to any other individual, group, entity, property, or circumstance.
Section 5. EFFECTIVE DATE. This Resolution shall become effective upon
adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board held on the 151h day of March, 2017 in Key Largo,
Florida.
L& -
Mayor George Neugent
Mayor Pro Tem David Rice Yes
Commissioner Danny Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY,FLORIDA
-A, Clerk OF VIWV-A� By:A4ftV-
51
Clerk Mayor
Page 3 of 3
Mayor George Neugent
RESOLUTION NO. 085 - 2017
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
REQUESTING SUPPORT FOR THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY ("EPA')
AND THEIR IMPORTANT ROLE IN THE FLORMA KEYS
NATIONAL MARINE SANCTUARY'S WATER QUALITY
PROTECTION PROGRAM THROUGH FEDERAL
CONGRESSIONAL APPROPRIATIONS IN FY18
FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, good water quality is critical to the health of coral reefs and all the habitats
of the Florida Keys National Marine Sanctuary (FKNMS, the Sanctuary). Changes in water
quality, including increases in levels of specific nutrients, can have serious negative effects on
marine life; and
WHEREAS, a healthy marine environment is essential and the most important
contributor to the economy of the Florida Keys; and
WHEREAS, the role of the Environmental Protection Agency (EPA) is unique within
the FKNMS because it is clearly specified and written into the Florida Keys National Marine
Sanctuary Act through the Water Quality Protection Program (WQPP); and
WHEREAS, the purpose of the WQPP is to identify and implement priority corrective
actions within a compliance schedule to address point and nonpoint sources of pollution to
maintain the chemical, physical, and biological integrity of the Sanctuary. The program also
includes the restoration and maintenance of a balanced, indigenous population of corals,
shellfish, fish and wildlife, and recreational activities in and on the water; and
WHEREAS, since 1995, appropriations from Congress to the Florida Keys EPA
administrator for implementation of the WQPP have averaged $2.1 million per year to
implement essential monitoring services for coral, seagrass and water quality; and an additional
$5 million has been applied to important research projects and planning; and
WHEREAS, the monitoring program is the "glue" that holds the WQPP together and
Monroe County recognizes the need for the continuation of the long -tern monitoring, research,
and special studies programs to fulfill the mission of the WQPP; and
WHEREAS, Monroe County has invested $7 million for canal demonstration projects
and considers the EPA a valuable partner, and
Page 1 of
Mayor George Neugent
WHEREAS, Monroe County was previously awarded Grant Agreement X7-OOD26914-0
for $75,000 cash from EPA in support of two environmental education programs for canals; and
WHEREAS, Monroe County was previously awarded Grant Agreement X7-OOD40915-0
for $73,909.66 from EPA for improving water quality in residential canals; and
WHEREAS, Monroe County was recently awarded Grant Agreement X7-OOD40915-2
for $110,582.00 from EPA to fund phase IIIA of the Canal Management Master Plan; and
WHEREAS, Monroe County was recently awarded Grant Agreement X7-001)41115 for
$13,645 from EPA to fund the environmental education outreach program Florida Keys Water
Watch; and
WHEREAS, EPA awarded a grant of $300,000 to FI J to monitor water quality and
nutrients in Monroe County's demonstration canals; and
WHEREAS, information from these EPA funded long-term monitoring programs
provides critical information into the complex balance of the marine ecosystem in the Florida
Keys and also allows researchers and managers to detect changes in the Sanctuary from upstream
influences; and
WHEREAS, Monroe County and the Florida Keys greatly benefit from the EPA
programs, staff and presence in Monroe County,
NOW THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board requests Federal Legislative support for the Environmental
Protection Agency's role in the Florida Keys National Marine Sanctuary
Water Quality Protection Program through Federal Congressional
Appropriations in FYI funding.
Secs The Board directs the County Administrator to publicize the Board's
position on the Environmental Protection Agency's importance to the
Florida Keys National Marine Sanctuary Water Quality Protection
Program to the general public.
Section 3. A copy of this Resolution shall be immediately transmitted to Florida and
Federal Legislators to prompt immediate action with transmittal to be
coordinated by the Monroe County Sustainability Coordinator.
Page 2 of 3
Mayor George Neugent
Section 4. SEVERABILITY. If any portion of this Resolution is determined by any
Court to be invalid, the invalid portion shall be stricken, and such striking
shall not affect the validity of the remainder of this Resolution. If any
Court determines that this Resolution, or any portion hereof, cannot be
legally applied to any individual(s), group(s), entity (ies), property (ies), or
circumstance(s), such determination shall not affect the applicability
hereof to any other individual, group, entity, property, or circumstance.
Secs EFFECTIVE DATE. This Resolution shall become effective upon
adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board held on the 15th day of March, 2017 in Key Largo,
Florida.
La
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Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Commissioner Danny Kolhage YAM
Commissioner Heather Carruthers Yes
Comm! sioner Sylvia Murphy Yes
BOARD COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
By: !�b.6At.4;4so�-%
Clerk -Mayor
ASSz �.
' 77
Page 3 of 3
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RESOLUTION NO. 023 -2017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA. ADOPTING THE 2017 STATE
LEGISLATIVE PROGRAM AND PRINCIPLES AND FEDERAL
PRINCIPLES OF THE SOUTHEAST FLORIDA REGIONAL CLIMATE
CHANGE COMPACT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Southeast Florida is one of the most vulnerable areas in the country to climate
change and sea level rise; and
WHEREAS, Recognizing their shared challenges, Palm Beach, Broward, Miami -Dade and
Monroe counties ("Compact counties") adopted the Southeast Florida Regional Climate Change
Compact ("Compact") in 2010; and
WHEREAS, The Compact includes a commitment to develop and advocate for joint state and
federal legislative policies, and accordingly, the Compact counties have annually adopted a
separate State and Federal Energy and Climate Legislative Program each year since 2011; and
WHEREAS, Beginning with the 2017 program, the Compact Counties have decided to separate
the program into four separate documents: the Federal Legislative Priorities, the more general
Federal Legislative Principles, the State Legislative Priorities, and the more general State
Legislative Principles; and
WHEREAS, the Compact prepared separate "Principles" documents for both State and Federal
principles important to the Compact, reflecting long-standing positions that have remained
consistent over time, noting that the Federal Principles will likely require only minimal changes
from year to year, and
WHEREAS, the Compact also prepared separate "Priorities" documents for both State and
Federal legislative priorities, identifying a short list of top issues for advocacy during the
upcoming session of the Florida Legislature, the Legislative Priorities will be thoroughly
reviewed and updated each year in advance of the annual legislative session; and
WHEREAS, the Compact chose not to finalize a Federal Legislative Priorities document yet for
2017, and it is anticipated to be presented at a later date for approval; and
WHEREAS, MONROE COUNTY staff recommends adopting the Compact's 2017 State
Legislative Priorities, State Principles and Federal Principles.
THEREFORE HE IT RESOLVED by the Board of County Commissioners of Monroe County
that:
1. The above recitals are hereby incorporated into this resolution as restated herein
constitute the legislative findings and intent of the Board of County Commissioners of
Monroe County, Florida.
Packet Pg. 2588
2. The Board of County Commissioners hereby approves the SE FL Regional Climate
Change Compact's 2017 legislative agenda, as follows:
a) State Legislative Priorities — attached as Exhibit A
b) State Legislative Principles — attached as Exhibit B
c) Federal Legislative Principles — attached as Exhibit C
I This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County
Florida, at a regular meeting of said Board held on the 18s' day of January, 2017.
Mayor George Neugent Yes
Mayor Pro Tern David Rice Yes
Commissioner Heather Carruthers Yes
Commissioner Danny L. Kolbage Yes
Commissioner Sylvia Murphy Yes
MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By. �
Deputy Clerk
mle
Mayor
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SOUTHEASTCOUNTY SOUTHLAST FLORIDA
LIMATE
HANGE
• .REGIONAL
COMPACTCLIMATE CHANGE •
2017 STATE LEGISLATIVE PRtORMES
APPROVE® BY THE STAFF STEERING COMMITTEE— I EE ® 91112016
OPPOSE any changes that would weaken existing net metering policies, which allow customers
to receive retail -rate credits for any excess energy produced by their on -site renewable energy
devices and retumed to the grid.
SUPPORT legislation and funding for a matching fund program for local government flood risk
reduction projects resulting from Adaptation Action Area designations or the risk reduction
policies and actions Included In the coastal elements of comprehensive plans pursuant to
Chapter 2015-69, and legislation to add flood mitigation to the list of eligible uses of Florida
Communities Trust funding.
Additional 2017 Priorities
OPPOSE preemption of local environmental regulations, including those pertaining to extreme
well stimulation techniques and oil/gas exploration and extraction.
SUPPORT legislation to Implement Amendment 4, "Solar Devices or Renewable Energy Source
Devices; Exemption from Certain Taxation and Assessment.'
SUPPORT legislation to authorize thlyd-party sales of electricity in Florida.
SUPPORT Land Acquisition Trust Fund funding for regional priorities, including living
shorelines, beaches, coastal and coral reef protection, preservation of native habitat areas, and
maintenance of existing conservation lands.
SUPPORT legislation altering the funding criteria for beach renoudshment projects to Include
shoreline protection measures beyond placement of sand, including dune projects.
SUPPORT legislation requiring assessment and evaluation of state agency efforts to address
sea level rise and other weather impacts.
SUPPORT incentives for electric vehicle charging Infrastructure and electric vehicle purchases
by businesses and individuals.
4
■ ■ i ■
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rSOUTHLAST FLORIDA�a+K
MbAM
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ti .
HANGE
l
SOUTHEAST -I III REGIONAL O.. COUNTIES
2017 STATE ENERGY 1 CUMATE LEGISLATIVE
APPROVE® BY THE STAFF STEERING COMMITTEE — 9/1/2016
Southeast Florida is one of the most vulnerable areas in the country to climate change and sea level
rise. Recognizing their shared challenges, Palm Beach, Broward, Miami -Dade and Monroe counties
(°Compact counties') adopted the Southeast Florida Regional Climate Change Compact (°Compact") in
2010. The Compact includes a commitment to develop and advocate for joint state and federal
legislative policies. Accordingly, the Compact counties have adopted a State Energy and Climate
Legislative Program each year since 2011.
Beginning with the 2017 legislative session, the Compact Counties have decided to issue their
legislative program In two documents: State Energy and Climate LegislabW Principles (this document)
and State Energy and Climate Legislative ' s (published separately).
Cieneral
OPPOSE preemption of local environmental regulations pertaining to energy, climate, or adaptation
issues.
Sea Level Rise and Adaptation
OPPOSE any infringement on local home rule authority to plan for and adapt to future climate
conditions, including sea level rise, changing precipitation patterns, and more extreme temperatures.
SUPPORT greater incorporation of adaptation strategies in state climatelenergy policies, legislation,
and appropriations.
SUPPORT legislation and policies requiring state agencies, water management districts, local
governments, and industries regulated by the state (e.g. electric utilities) to consider projected sea -level
rise, coastal flooding, and potential storm surge In all infrastructure and facility -siting decisions.
SUPPORT legislation, programs, and funding that support local governments' adaptation activities,
Including the establishment and use of Adaptation Action Areas.
SUPPORT legislation directing closer coordination among state agencies on climate and extreme
weather preparedness, resilience, and adaptation issues.
Paps 1
OPPOSE legislation limiting the ability of the Florida Department of Environmental Protection to craft a
State Implementation Plan in response to the US Environmental Protection Agency's Clean Power
Plan.
SUPPORT integrated resource planning/least cost planning for electric utilities to ensure that energy
efficiency and renewable energy sources are fully considered as strategies for meeting future needs.
SUPPORT energy efficiency and renewable energy finance options, including the retention and
strengthening of Property Assessed Clean Energy (PACE) programs, to advance local economic
development, alternative and renewable energy technologies, and pollution reduction goals.
SUPPORT legislation to establish renewable portfolio standards, stringent energy conservation targets,
and meaningful renewable energy programs for electric utilities.
SUPPORT rebate programs, tax credits, and other financial incentives that encourage property owners
to Invest In energy efficiency and renewable energy systems.
SUPPORT legislation allowing local or regional amendments to the Florida Building Code pertaining to
energy, water, and resilience, and to allow such amendments to cant' over into the next edition of the
Code, subject to the normal review and modification procedures outlined In the Code.
SUPPORT legislation creating a green bank or state Investment fund to finance renewable energy and
energy efficiency projects.
SUPPORT legislation requiring investor -owned utilities to offer a competitively priced official rate for
energy -efficient street lighting (including, but not limited to, LED and induction lighting) to advance local
govemmenW efforts to retrofit street lighting fixtures in order to reduce energy consumption and
spending on electricity.
Solar EneMy
OPPOSE any weakening of existing net metering policies.
SUPPORT the expansion of existing net metering policies to allow for off -site or "virtual" net metering.
SUPPORT legislation to exempt renewable energy systems from commercial property assessments
and the tangible personal property tax.
SUPPORT legislation allowing Power Purchase Agreements.
Water
OPPOSE legislation centralizing management of water resources at the state level at the expense of
the regional Water Management Districts.
SUPPORT legislation enhancing the authority and finances of the state's Water Management Districts,
In recognition of their vital role in protecting water resources.
OlLand Gas Drillino
OPPOSE legislation authorizing any fomti of extreme well stimulation for the purpose of oil and gas
Pape 2
resource extraction, including hydraulic and acid fracturing, near conservation land or drinking water
aquifers, and OPPOSE legislation preempting local regulation of extreme well stimulation and oil and
gas exploration and extraction.
OPPOSE legislation limiting the Florida Department of Environmental Protection's authority to block
requests for offshore drilling in federal waters off Florida's coast.
SUPPORT continuation of prohibitions against leases or permits for oil or gas drilling within Florida's
territorial seas and the Everglades, given the risks posed by exploration and drilling activities to the
health and resilience of inland and coastal ecosystems and economies and the guarantee of additional
harmful greenhouse gas emissions from continued dependence on fossil fuels.
Everglades 8%gLqMggn and Conservation f Natural- ReIguirM
SUPPORT legislation and funding supporting complete Implementation of the Comprehensive
Everglades Restoration Plan, advancement of the Central Everglades Planning Project, and storage
and treatment in the Northern Everglades, recognizing that a restored Everglades ecosystem will make
the region more resilient to sea level rise and extreme weather events and protect potable water
supplies.
SUPPORT legislation amending the Florida Communities Trust program to provide authority and
funding for local governments to acquire land that mitigates the effects of sea -level rise, reduces flood
risk, and protects potable water supplies.
SUPPORT Land Acquisition Trust Fund appropriations under the terms of the Water and Land
Conservation Amendment for regional and local priorities, including extreme -weather and climate
resilience, shoreline protection and restoration, Everglades restoration, and water resource protection.
SUPPORT Land Acquisition Trust Fund appropriations for the Florida Forever land acquisition program,
the Florida Communities Trust program, and management of public conservation lands.
Investment Priorities
SUPPORT funding for alternative water supply development through the Water Protection and
Sustainability Program.
SUPPORT funding for adaptation planning and no -regrets investments in water management, water
supply, conservation land acquisition, transportation, and other infrastructure that provide hazard
mitigation and Improve immediate and long-term resilience.
SUPPORT legislation prioritizing non-structural, nature -based Investments In coastal protection and
flood control, including dunes, wetlands, marshes, reefs, mangroves, and other natural features, alone
and in combination with built infrastructure.
SUPPORT prioritized funding for infrastructure Investments in Adaptation Action Areas or other areas
subject to the Impacts of sea level rise.
SUPPORT increase in state funding for transit by raising the percentage of transportation trust funding
for transit from 15 to 20 percent or by other methods.
Page 3
TT nsnortation
SUPPORT the deployment of electric vehicles in Florida, Including statewide policies to streamline
siting and permitting of electrical vehicle charging stations, the inclusion of electric vehicle models and
specifications in the state contract system, and incentives and rebates for Individuals and businesses.
SUPPORT funding for the siting and installation of electric vehicle infrastructure on public and private
property and along the strategic intermodal state highway system and local roads.
SUPPORT legislation and funding supporting the expansion of alternative fuels for transportation in
Florida, especially renewably -produced fuels such as biogas.
SUPPORT legislation that encourages the adoption of Complete Streets policies by the Florida
Department of Transportation and local transportation agencies and the establishment of integrated
local and regional networks of non -motorized transportation corridors (such as bike lanes).
SUPPORT legislation that would provide additional local transit connectivity to existing and proposed
regional transit systems (i.e., a 'first and last mile strategy").
SUPPORT legislation that supports planning and construction of transit -oriented developments (TODs).
Page 4
Bi�/ �..4 1
4�r � a
COUNTY SOUTHEAST FLORIDA
MIAM LIMATE
•
SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT COUNTIES
2017 FEDERAL ENERGYAND CLIMATE LEGISLATIVE PRINCIPLES
APPROVED BY THE STAFF STEERING COMMITTEE — 911/2016
Background
Southeast Florida is one of the most vulnerable areas in the country to climate change and sea level
rise. Recognizing their shared challenges, Palm Beach, Broward, Miami -Dade and Monroe counties
("Compact counties") adopted the Southeast Florida Regional Climate Change Compact ("Compact") in
2010. The Compact includes a commitment to develop and advocate for joint state and federal
legislative policies. Accordingly, the Compact counties have adopted a Federal Energy and Climate
Legislative Program each year since 2011.
Beginning with the 2017 program, the Compact Counties have decided to separate the program into
two documents: the more general Federal Energy and Climate Legislative Principles (this document)
and Federal Energy and Climate Legislative Prlarfts (published separately).
Infrastructure Investments
SUPPORT language in federal infrastructure bills that defines "resilience" and "vulnerability" to extreme
weather events In the context of planning, design, and Investment.
SUPPORT federal legislation to create and fund a national infrastructure bank or other new
Infrastructure funding source to finance projects needed by state and local governments to adapt to
climate impacts and address aging infrastructure. Emphasis should be placed on Investments in water
management, water supply, transportation, and other projects that make urban Infrastructure more
resilient to extreme weather events and rising sea levels.
SUPPORT legislation prioritizing non-structural, nature -based investments in coastal protection and
flood control, including dunes, wetlands, marshes, reefs, mangroves, and other natural features, alone
and in combination with built infrastructure.
SUPPORT legislation that creates incentives for the consideration of climate impacts, including sea
level rise, in federal aid for transportation, water, and other infrastructure projects.
SUPPORT the use of emissions reduction and climate adaptation performance measures and
standards to evaluate infrastructure investments, including transportation and water projects.
SUPPORT federal programs that shift priorities toward public transit and non -motorized travel, Including
reinvestment in existing infrastructure and communities, support for public transportation and transit -
oriented development, and congestion management strategies other than new road building.
AdapWWn and R ilI nce
SUPPORT coordinated implementation of the Federal Flood Risk Management Standard by federal Fi
agencies and specific guidance and flexibility for local communities affected by the federal rules.Pape 1
SUPPORT legislation establishing government -wide goals and priorities for extreme weather resilience,
preparedness, and risk management and ensuring that consideration of extreme weather events is
incorporated into agencies' everyday activities.
SUPPORT specific recognition in federal legislation of land use designations made by local
governments for the purposes of building community resilience, such as the Adaptation Action Areas
(AAAs) defined In Chapter 163, Florida Statutes, and the development of regulations that give priority
consideration to local land use designations for climate -resilient investments.
SUPPORT multiagency initiatives like the Partnership for Sustainable Communities that provide federal
grants, technical support, and other services to aid community planning for sustainability and climate
adaptation.
SUPPORT reform of the Stafford Act to allow greater flexibility in disaster reconstruction efforts to
ensure that properties and infrastructure are not merely rebuilt to their previous condition, but to higher,
more resilient standards (where appropriate).
SUPPORT funding for weatherl=tion programs to harden buildings against flooding and wind impacts.
SUPPORT continued funding for the Federal Emergency Management Administration's (FEMA) natural
hazard mitigation programs to include mitigation for hazards associated with climate change impacts.
SUPPORT the explicit inclusion of resilience funding In the FEMA budget.
SUPPORT the continued eligibility of funding for activities to adapt to climate change and extreme
weather events under the Federal -Aid and Federal Lands Highway programs, Including
vulnerability/risk assessments, highway project development, environmental review and design,
construction of projects or features to protect existing assets, and evaluation of Iife cycle costs.
Climate aEnemy BeUgrch
SUPPORT continued funding for the US Global Climate Change Research Program and the ongoing
National Climate Assessments created by the US Global Change Research Act of 1990.
SUPPORT sufficient funding for the National Weather Service, National Hurricane Center, and other
atmospheric and ocean research programs, including weather- and climate-monitorfng satellites.
SUPPORT additional federal research on physical and dynamic meteorology to better understand how
climate change will impact precipitation patterns.
SUPPORT funding to downscale global and national climate models to regional and local levels and to
develop reliable future climate and sea level rise scenarios for regional and local use.
SUPPORT funding for advanced energy research programs.
Enemy and Emissions
SUPPORT federal legislation or administrative action that removes federal restrictions on Property
Assessed Clean Energy programs and expands the list of eligible improvements to include
weatherization measures.
SUPPORT reauthorization of and renewed funding for the Department of Energy's Energy Efficiency
and Conservation Block Grant (EECBG) Program.
Page 2
SUPPORT continued funding for the US Department of Energy to support the Southeast Florida Clean
Cities Coalition and funding for implementation of projects developed under Drive Electric Florida plan
and the US 1 Corridor Pitt Project.
SUPPORT continued funding for the US Environmental Protection Agency to support the Southeast
Diesel Collaborative and the National Clean Diesel Funding Assistance Program.
Oil Exploration and Drilling
OPPOSE oil exploration and drilling on federal lands in Florida, including the Everglades, and in federal
waters on Florida's Outer Continental Shelf, given the risks posed by exploration and drilling activities
to the health and resilience of inland and coastal ecosystems and economies and the guarantee of
additional harmful greenhouse gas emissions from continued dependence on fossil fuels.
SUPPORT legislation or administrative action halting oil and gas exploration off the eastern seaboard
of the United States.
SUPPORT legislation or administrative action restricting the use of seismic testing for offshore oil and
gas exploration, which can severely impact marine animals.
SUPPORT - revisions to the Oil Protection Act of 19W or other laws to ensure that:
• Local governments may act as first responders in an effort to protect local communities and will
be reimbursed for actions undertaken to protect their resources and restore damaged areas
during oil spill events.
• The Oil Spill Liability Trust Fund Is capable of addressing Spills of National Significance where
there is not a financially viable or legally responsible "Responsible Party."
Everolades Restoration
SUPPORT continued focus on Everglades restoration as an essential component of protecting regional
water resources and building regional climate resilience.
SUPPORT funding for authorized Everglades restoration projects and legislation authorizing the
Central Everglades Planning Project (CEPP) and expediting other projects related to the
Comprehensive Everglades Restoration Plan.
Tax and Fiscal Policies
OPPOSE funding reductions of, and SUPPORT increased funding for, critically -important conservation,
public health, energy efficiency, renewable energy, grid modernization, research, and environmental
protection programs to reduce carbon emissions, support climate preparedness, build community
resilience to extreme weather and other disruptions, and protect the nation's natural resources.
SUPPORT the expansion of tax incentives for renewable energy and energy efficiency.
SUPPORT the elimination of federal subsidies for oil and gas production and the raising of royalties for
oil and gas drilling on federal lands.
SUPPORT legislation allowing for Master Limited Partnerships —publicly -traded limited partnerships not
subject to corporate Income tax —for renewable energy businesses, just as they are already available
for fossil fuel businesses.
Other
SUPPORT legislation to better regulate importation of, and interstate commerce in, nonnative,
potentially invasive species which threaten the resilience of southeast Florida ecosystems.
Page 3
RESOLUTION NO.155_20116
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA IN
SUPPORT OF EXPEDITING AUTHORIZATON,
APPROPRIATION, IMPLEMENTATION, AND
COMPLETION OF EVERGLADES RESTORATION
PROJECTS, ESPECIALLY THOSE THAT ENHANCE
WATER STORAGE AND CONVEYANCE TO RESTORE
WATER FLOW TO THE FLORIDA BAY WHICH IS
NECESSARY TO PROTECT THE ECOLOGICAL
HEALTH OF THE FLORIDA BAY, A CRITICAL PART OF
THE EVERGLADES ECOSYSTEM.
WHEREAS, Monroe County is part of the vast Everglades ecosystem that covers much
of South Florida; and
WHEREAS, Monroe County's coastline encompasses Florida Bay, the Florida Keys
National Marine Sanctuary CTKNMS") and Everglades National Park; and
WHEREAS, the waters of the Florida Keys are dependent on the health of the
Everglades ecosystem as the primary source of fresh water and foundation for the nearshore
estuarine environment and Florida Bay that provides a unique and critical habitat for numerous
plants and animals, including 15 federally protected, endangered and threatened species and state
special concem species, such as the bottlenose dolphin, Florida manatee, smalltooth sawfish,
green sea turtle, hawksbill turtle, spoonbills, pelicans, egrets, piping plover, and the American
crocodile; and
WHEREAS, Florida Bay comprises a large portion of Everglades National Park, and is
a main receiving water body of flows from the central and northern Greater Everglades
Ecosystem, heavily influenced by changes in quality, quantity, timing and distribution of
freshwater flows into the southern end of the Everglades system; and
WHEREAS, the construction of water control structures and facilities within the
Everglades throughout the 20th century has altered the natural hydrologic patterns of water in the
region. Over time, this has a resulted in a greater than 50% reduction in flows through the
central Everglades and a dramatically altered distribution of flows into Taylor. The reduction
and redistribution of freshwater into Florida Bay has reduced the critically needed flow of
freshwater into Taylor Slough, a natural feature of the Everglades that flows southwest into
numerous tributaries that eventually empty into Florida Bay, harmed the health of the Bay and
other connected coastal regions; and
WHEREAS, Florida Bay is within the vitally important ecosystem located between the
mainland and the Florida Keys, with approximately 20% of Florida Bay within the boundaries of
the FKNMS and approximately 80% of Florida Bay within the boundaries of Everglades
National Park both dependent on clean and adequate water flows; and
Page 1 of 5
WHEREAS, Florida Bay is vital to the multi -billion dollar fishing and ecotourism
industry of South Florida, including commercial and recreational fishing, snorkeling, diving,
boat and equipment rentals, hospitality and other related businesses. Florida Bay comprises a
significant portion of the coastal Everglades recreational fishing industry worth $880 million
annually and commercial shrimp and stone crab fisheries worth more than $80 million annually,
and
WHEREAS, the ecosystem of the Florida Keys including Florida Bay attracts over 4
million visitors and over $4.5 billion in economic activity annually, generating $200 million in
sales tax revenue for the State of Florida each year, and
WHEREAS, current ecological conditions in Florida Bay are approaching the conditions
of 1987-1990, when Florida Bay experienced an ecological collapse from hypersaline conditions
that led to massive sea grass die off and devastating algal blooms that clouded the crystal waters
of the Florida Bay. Due to lack of freshwater flow and drought conditions in 2015 Florida Bay is
once again experiencing high salinity contributing to significant seagrass die -off zones currently
estimated at 50,000 acres, approaching the levels of 1987-1990 when approximately 67,000
acres of Florida Bay experienced some degree of seagrass die off die off, and
WHEREAS, while recent rainfall has helped the hypersaline conditions, it does not
ameliorate the recent seagrass die -off that has occurred or the harmful algal blooms that are
likely to result from that die off this upcoming summer and fall ,further damaging the
environment and economy requiring multi -year recovery. As an early indicator, nesting for
Spoonbills and other species of birds has been poor this season due to adverse conditions in
Florida Bay, and
WHEREAS, this dire situation in Florida Bay is a symptom of a larger need to restore
the Everglades ecosystem by constructing projects for conveyance, water quality treatment and
storage of water as outlined in the Comprehensive Everglades Restoration Plan (CERP), and
WHEREAS, the Monroe County Board of County Commissioners urges all of the
responsible entities -- the Federal government, the U.S. Army Corps of Engineers (Corps), the
State of Florida (State), and South Florida Water Management District (SFWMD) -- to expedite
the completion of CERP, including the authorization of and appropriations for all CERP projects,
as well as the completion of foundational projects authorized prior to CERP ('pre-CERP'); and
WHEREAS, the Monroe County Board of County Commissioners urges the expedited
authorization, appropriation, and completion of the Central Everglades Planning Project (CEPP),
a subset of CERP projects that includes both water quality treatment and conveyance projects
that will significantly improve restoration of the Everglades by providing and conveying
freshwater flows from Lake Okeechobee to the central Everglades estimated at 210,000 acre-feet
per year and restoring sheet flow to the Florida Bay, and
WHEREAS, the Monroe County Board of County Commissioners requests that the
Federal government, the Corps, the State, and SFWMD to prioritize and expedite the completion
of CERP and pre-CERP projects in the southern end of the system that are already planned and
authorized but have not yet been completed including Modified Water Deliveries, the C-111
Page 2 of 5
WHEREAS, the Monroe County Board of County Commissioners supports expediting
the CERP planning project for additional EAA storage ("EAA Storage & ASR/Decomp Phase
2') and combining this planning effort with the planning for the Lake Okeechobee Watershed
project; and
WHEREAS, the Monroe County Board of County Commissioners requests that the
Federal government, the State of Florida and SFWMD expedite the acquisition of all lands in the
EAA south of Lake Okeechobee, the Kissimmee, Caloosahatchee and St- Lucie River basins,
and system -wide, which are determined to be necessary for the implementation of CERP
projects; and
WHEREAS, to address the likelihood of additional water storage being necessary after
the completion CEPP, the Monroe County Board of County Commissioners asks that the State
consider the options recommended by the University of Florida Water Institute providing land
area for additional opportunities to store, convey and treat water south of Lake Okeechobee
including "l) purchase of private land in the Everglades Agricultural Area (including the current
U.S. Sugar land purchase option on land from other willing sellers) to use or trade for deep
and/or shallow storage and treatment opportunities, 2) develop a cost sharing program for on -
farm or sub -regional multi -farm shallow storage and treatment opportunities, and 3) use existing
state owned wildlife management areas" (compatible with the restoration goals of those areas);
and
WHEREAS, the Monroe County Board of County Commissioners urges that the Corps
and SFWMD aggressively study, identify and implement operational measures that will enhance
water flows into Florida Bay, such as the emergency operations in 2015-2016, and supports the
SFWMD's current South Dade Investigation that is exploring the full range water management
options south of Tamiami Trail. Monroe County strongly urges that options be evaluated to
optimize restoration opportunities for Florida Bay and specifically to identify short-term
operational measures and conveyance to specifically deliver freshwater to the Florida Bay; and
WHEREAS, the Monroe County Board of County Commissioners strongly requests that
SFWMD expedite the development and implementation of a recovery strategy to address the
exceedances and violation of the Minimum Flow and Level (MFL) Rule for Florida Bay,
outline and report to Monroe County its measures to prevent future exceedances and violations,
and given the likelihood of another large algal bloom, outline contingency plans to protect
Florida Bay from a complete collapse of the system or threat to human health, and that the
SFWMD make compliance with the NFL Rule for Florida Bay a top priority; and
NOW THEREFORE, BE IT RESOLVED by the Monroe County Board of County
Commissioners that:
1. The above recitals am hereby incorporated into this resolution as restated herein
constitute the legislative findings and intent of the Board of County Commissioners
of Monroe County, Florida.
Page 3 of 5
2. Monme County strongly requests that South Florida Water Management District and
U.S. Army Corps of Engineers look for all opportunities to improve the quantity,
quality, timing and distribution of water flows into Florida Bay and immediately
implement an MFL recovery strategy; and
3. The South Florida Water Management District and U.S. Army Corps of Engineers
expedite the on -going Everglades restoration projects such as: Modified Water
Deliveries, the C-111 South Dade Project, C-1I I Spreader Canal Western project,
Tamiami Trail Next Steps, Central Everglades Planning Project (CEPP), along with
all operational actions that can be taken now to improve water flow to the Florida
Bay; and
4. The South Florida Water Management District and U.S. Army Corps of Engineers
expedite water storage planning south of Lake Okeechobee, such as the EAA Storage
& ASR/Decomp Phase 2 (Component G, GG of the Integrated Delivery Schedule for
CERP) in an effort to look for new water to add to the freshwater flow to Florida Bay;
and
5. The County's federal and state lobbying teams advocate for acquisition of all lands in
the EAA south of Lake Okeechobee, the Kissimmee, Caloosahatchee and St. Lucie
River basins, and system -wide, which are determined to be necessary for the
implementation of CERP and CEPP projects; and
6. The Clerk for this Board shall furnish copies of this resolution to:
• U.S. Senator Bill Nelson
• U.S. Senator Marco Rubio
• U.S. Representative Carlos Curbeio, District 26
• Florida Governor Rick Scott
• Florida Senate President Andy Gardiner
• Florida Senate President-elect Joe Negron
• Florida House Speaker Steve Crisafulli
• Florida House Speaker -elect Richard Corcoran
• State Senator Dwight Bullard, District 39
• State Senator Anitere Flores, District 37
• State Representative Holly Raschein, District 120
• U.S. Army Assistant Secretary for Civil Works Jo -Ellen Darcy
• U.S. Army Corps of Engineers, Jacksonville District Commander Col. Jason Kirk
• U.S. Secretary of the Interior Sally Jewell
• Chair, South Florida Water Management District Governing Board, Daniel
O'Keefe
• Executive Director, South Florida Water Management District Peter Antonacci
• Secretary, Florida Department of Environmental Protection, Jon Steverson
7. This resolution shall take effect immediately upon adoption.
Page 4 of 5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County
Florida, at a regular meeting of said Board held on the 20'h day of July, 2016.
Mayor Heather Carruthers c-5
Mayor pro tem George Neugent j rs
Commissioner Danny L. Kolbage
iss-
Commissioner David Rice IC-S
Commissioner Sylvia Murphy _us_
,VILIN, CLERK BOARD OF COUNT
OF M01 4E COU]
T Z2 -/!P
By;
Page 5 of 5
COMMISSIONERS
Y, FLORIDA
Carruthers