Archive for the ‘Environmental’ Category

Ruling against in-fill project exposes vulnerability of anti-sprawl efforts in coastal communities under current growth rules

Thursday, April 14th, 2011

A recent ruling by an Administrative Law Judge on a Manatee County in-fill project raises questions about the viability of anti-sprawl efforts in coastal communities. According to the case summary and news reports, the judge determined that the approval of a Comprehensive Plan Map change by Manatee County was not in compliance with state law because the map change increases residential development density in an area subject to coastal flooding. It is unclear what effect the ruling will have upon efforts by Manatee and Sarasota Counties to curb suburban sprawl into eastward rural lands, where development is often less expensive and easier. The counties have attempted to encourage in-fill and redevelopment projects with a combination of regulations (such as urban service boundaries) and the adoption of incentives (such as the Manatee County “encouragement zones”). The challenge and defeat of this project (led by nearby property owners opposed to the more intense development) adds another element of risk to the cost and predictability challenges policymakers have sought to reduce in an effort to encourage investment in the urban areas of coastal Florida. The timing of the ruling is significant, as Florida’s sprawl-producing growth management regulations cited in the decision are being scrutinized by the Florida Legislature, which has cited such cases as evidence of the need for reform.

Robinson Farms Decision

 

Environmental Lawsuit Regarding Florida’s Waters

Wednesday, January 12th, 2011

The Florida League of Cities, Inc., and Florida Stormwater Association, Inc., announced that they had filed a federal lawsuit against the U.S. Environmental Protection Agency (“EPA”) over novel numeric nutrient criteria regulations the EPA seeks to test on Florida’s waters.  According to a report on an Orlando Sentinel blog, the lawsuit asks the federal court to require the EPA to abandon its unprecedented impositions upon Florida and that, if the EPA believes additional regulations are necessary, the EPA conduct rulemaking proceedings in a manner consistent with federal law.  Here’s the link to the Orlando Sentinel blog -  http://blogs.orlandosentinel.com/news_politics/2011/01/league-of-cities-sues-to-block-epa-water-pollution-rules.html

City Secures Renewable Energy Agreement as Part of FPL Franchise Renewal

Thursday, December 23rd, 2010

By:  Casey Colburn, Esq.

Sparked by a desire to promote clean energy, in 2010, the City of Sarasota debated creating a municipal utility vs. renewing a multi-year municipal franchise agreement. After several months of tense negotiations and lengthy public hearings, the City of Sarasota and Florida Power and Light Company entered into a Renewable Energy, Energy Efficiency, and Energy Sustainability Agreement (the “Renewable Energy Agreement”). According to a memorandum from assistant City Attorney, Michael Connolly, Esq., “The purpose of the Renewable Energy Agreement is to set forth in a binding contract the covenants made by FPL which would be necessary consideration to support the City Commission passing on [the franchise agreement].”

Mr. Connolly highlighted the products and services to be provided by FPL to the City and its citizens during the 30-year term of the franchise agreement in the memorandum:

•           FPL will provide educational resources and programs to inform and instruct the City and its citizens on issues related to energy efficiency and conservation programs and on the benefits and technology associated with renewable energy.

•           Prior to December 31, 2015, FPL shall perform an energy audit on all of the City’s electric accounts.

•           Prior to December 31, 2015, FPL will perform an energy audit of the 100 largest electricity consuming accounts located within the municipal limits of the City.

•           Within every five-year period thereafter, FPL will perform an energy audit for all City accounts and the 50 other largest electricity consuming accounts within the municipal limits of the City.

•           FPL will pay for one City employee to obtain LEED certification.

•           FPL will establish an educational testing facility within the City including new solar photo voltaic panels.

•           In 2021 FPL will install 10 additional pole mounted photo voltaic panels.

•           In 2031 FPL will replace the initial five pole mounted photo voltaic panels.

•           FPL will develop a solar school within the municipal limits of the City by installing solar photo voltaic panels.

•           In 2021 FPL will provide another solar school installation.

•           In 2031 FPL will provide another solar school installation.

•           FPL will install five electric vehicle charging stations within the municipal limits of the City.

•           In 2016 FPL will provide an additional ten electric vehicle charging stations.

•           In 2021 FPL will replace the initial five electric vehicle charging stations.

•           In 2026 FPL will replace the second ten electric vehicle charging stations.

•           During the next 30 years, FPL will perform home energy makeovers for 1,500 homes within the municipal limits of the City.

•           During the next 30 years, FPL will perform 15 non-profit energy makeovers for non-profit entities within the municipal limits of the City.

•           Subject to the passage of enabling legislation, FPL will develop a large scale rooftop solar facility within the municipal limits of the City.

•           Subject to the passage of enabling legislation, FPL will develop and install a demonstration LED streetlight pilot program.

•           Subject to the passage of enabling legislation, FPL will develop a utility scale solar generation project (perhaps on the Verna Wellfield site).

The Renewable Energy Agreement runs concurrently with the term of the franchise set forth within Sarasota City Ordinance No. 10-4917. The Memorandum, as well as the franchise agreement and the public hearing testimony can be found on the City of Sarasota’s website at www.sarasotagov.com.