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New EPA Water Regulations Threaten Floridians Surviving on Low and Fixed Incomes

August 23, 2010 Opinion No Comments

By State Senator Chris Smith

The new water regulations proposed by the EPA would require the state’s water utilities to spend tens of billions of dollars to upgrade water treatment facilities. Although the goals of the new regulations are noble, at a time when the state of Florida is facing a $5 to $6 billion budget deficit and our counties and cities are facing proportional deficits, now is not the time to implement these new regulations. During this period of high unemployment, these costs could impede our state’s economic recovery, force Florida businesses to cut jobs, and increase the price of utilities, food and other necessities for Florida employers, families and consumers.

As a lifelong Floridian, I still marvel at our state’s beauty and have voted in a manner to protect its splendid beauty. I know that all Floridians want to protect our state’s waters, but we must make sure that we do so in a manner that does not hamper job growth or pose unreasonable new costs on strong families.

The reason for my concern is a study provided to me by the Florida Water Environment Association Utility Council, which projects that the new EPA rules will force city wastewater treatment facilities to spend up to $50.7 billion in capital costs for additional treatment facilities, as well as up to $1.3 billion per year in additional operating costs. For Broward County alone, these increases could top $2 billion.

These costs likely will be passed on to families through higher water bills which could increase water bills by around $700 a year for the average Florida household. For most families these days, that is a lot of money. My fear is that, without programs in place to ensure our most vulnerable citizens can afford these utility bills, these cost could function as a regressive tax on water whose burden would fall most heavily on black, Hispanic and elderly households surviving on low and fixed incomes.

Most of Florida’s congressional delegation, a bipartisan group of 21 members of Congress including my congressman Alcee Hastings, signed a letter stating the “EPA’s unprecedented nutrient criteria rule-making appears poised to impose substantial regulatory and economic consequences on Floridians.” This group of Democrats and Republicans urged the EPA to allow an independent analysis of the regulation’s economic impact on Florida that would look at how the rules could force costly expenses on Florida industry, employers, utilities and consumers.

The troubling aspect of these new regulations to me, and probably to the Congressional delegation, is that the new regulations were brought by litigation rather than legislation. The rules have resulted from a lawsuit brought by environmental advocacy groups against the EPA. Our elected officials have had little to say in this matter and Florida would be the only state targeted by the EPA with deadlines and strict federal oversight. I don’t believe this is fair, particularly considering Florida has been a national leader in enforcing aggressive water quality standards to keep our waterways clean for conservation and recreation.

All these reasons inform my conclusion that this action by the EPA is much too hasty and could not come at a worse time for Florida’s struggling families. For the sake of Florida’s struggling economy and working families, I sincerely hope the EPA will reconsider the necessity of this approach or delay enforcement of these proposed regulations and allow Florida’s economy a greater chance to get back on its feet.

Chris Smith is a member of the Florida Senate representing District 29 in Broward and Palm Beach counties.

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