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Nancy Smith

Why Is Rick Scott Only One Not Sold on Anti-EPA Bill?

March 26, 2011 - 7:00pm

What a difference a day makes.

Two more sources call back, Rick Scott doesnt and all of a sudden I realize the turncoat-governor rumors may not be so far-fetched.

I hope I'm proven wrong; time will tell.

Scott who convinced us after the election hes the anti-regulation governor apparently opposes a smart, carefully crafted bill aimed at stopping the costliest, most oppressive regulation of all: the EPA's numeric nutrient criteria, scheduled to go into effect in March 2012.

By costliest, I'm talking about an EPA rule that will raise the water costs of ordinary Floridians by an average of $600-plus per year, and Florida's overall water costs by tens of billions of dollars.

HB 239, sponsored by Rep. Trudi Williams, R-Fort Myers, would prohibit DEP and other government entities from implementing the EPA's numeric nutrient criteria. It would keep the job of determining that criteria where it belongs, with the state of Florida, not the federal government.

The bill was all set to go last week. It had enthusiastic support in the Agricultural and Natural Resources Subcommittee, winning a 12-3 vote March 15. It was only after the first reading that members of the committee and backers of the bill found out the governor wasnt on board.

We received some very discouraging news this afternoon, one of HB 239s stakeholders circulated in a message last Thursday. Apparently, Chair Williams received word that the executive office of the governor would not support the bill. We dont have many more details at this juncture, but we will keep you posted

Now, Tallahassee is full of people harboring hostility toward Scott but keeping it to themselves. They want to develop a relationship with him, win him over, stay within reach.

There are others who pin Floridas hopes for new prosperity, its chances for digging us out of this bad economy, on the governor and no one else. They believe in him. If they dont agree with one of his policies, they dont want to kill the forest for the tree.

Bottom line is, nobody in this town unless its a Democrat really wants to go on the record when theres any hint of a governor negative.

So here we are. A long list of sources who didnt want to be named, but all of them painted me a picture of a Rick Scott who not only opposes HB 239 but would veto the bill if it couples with its Senate counterpart and reaches his desk.

Trudi Williams got a call from the governor on Friday morning confirming, one of these sources said. Gov. Scott doesnt want his agencies being told what to do by the Legislature.

Another source told me Associated Industries of Florida CEO Barney Bishop, a big supporter of the bill and the governor, worked hard to get together a group of legislators, governors office staff, DEP personnel and other stakeholders Friday.

Bishop demonstrated one of the reasons why hes held in such high regard at least in the circles I travel: He went on the record.

He told Sunshine State News not to worry where Gov. Rick Scott stands on EPA. He's still the anti-regulation governor, Bishop said. "The governor was there with us in the beginning on this bill; he's still there, no question about it."

He claims Scott and DEP were worried the bill, as written, could adversely impact the state's lawsuit. All parties wanted to "sort out" HB 239's problems so it can move on, pass and become law without creating a crisis elsewhere.

The lawsuit specifically alleges that the EPA's numeric nutrient criteria for Florida waters were arbitrary, capricious, and an abuse of discretion. It requests the court to stop the EPA administrator from implementing the numeric criteria for Florida in the rule.

Bishop said he's convinced all parties have the right spirit and determination to reach a compromise on the bill, making it a "laser instrument" rather than a sledgehammer.

Bishop is a peacemaker. And he knows whats at stake if the EPA gets its way. God bless him.

But its tough to understand why Rick Scott has jumped off the bus on an issue that has the backing of virtually every element in his support base, the House and Senate leadership, the Cabinet, the majority of the Florida congressional delegation and both of our U.S. senators.

Is it, as Bishop claims, because the bill jeopardizes Florida's lawsuit against EPA?

Or is it, as some of my sources and these are staff-level sources at DEP tell me, all about power? They say DEP officials have convinced the governor that the Legislature, through HB 239, is dictating, telling one of his agencies what to do. It isnt giving enough authority to DEP.

If thats true, then even with a new governor who said he wanted more effective, outside ideas in state government, DEP is still an island of self-interest, festooned with the same old mentality, same dinosaurs running the show.

Others say its all about HB 239s sponsor, that Trudi Williams wants to run for a Senate seat next year and that doesnt sit well with the leadership in the Legislature.

Who is right? What is right? Could we please know what prompted the governor to oppose so important a bill?

I tried to get a response from the governors office. Silence.

Thats the difference a day makes. I place calls, I try to connect, and 24 hours later nothing.

The governor loses the benefit of the doubt on this one.

I have to conclude that Rick Scott isnt about anti-regulation, he's about something else. I just dont know what that something else is.

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Columnist Nancy Smith can be reached at nsmith@sunshinestatenews.com or at (850) 727-0859.

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