Florida environmentalists oppose Senate bills they say could clear way for fuel terminals

The Volusia County Attorney and an activist have raised alarms about proposed legislation that would limit the powers of local government to stop the development of fuel terminals like the one proposed near Ormond Beach.

"The bills are not about safeguarding our community; they are a strategic maneuver to pave the way for Belvedere Terminals' expansion into the southeast U.S.," wrote Libby Lavette, a self-described "advocate's advocate" in a social media post.

The bills, filed by Sen. Jay Collins, R-Tampa on Jan. 5, have companion bills in the House, but have not yet come before any committees on either side of the Legislature.

What do the bills say?

SB 1624 would allow "resiliency facilities" − such as corporations that transport natural gas for use by the public, such as Belvedere − to operate in all commercial, industrial and manufacturing land-use categories. It would restrict counties and municipalities from excluding such companies from comprehensive plan and zoning land-use allowances.

The other, SB 1628, aims to minimize or eliminate "negative impacts" of local government actions on farming operations, energy and fuel storage and distribution companies and supply-chain hubs, such as ports and railways.

It does this by creating a new system of legal challenges to local governments' actions, allowing such businesses to share their concerns with either the state Department of Agriculture and Consumer Services, Department of Transportation or the Public Service Commission. Those agencies would conduct an "impact review," and have the authority to establish "emergency rules" to protect those industries.

Collins didn't respond to a request to his office for comment.

Volusia County Attorney Michael Dyer has written to County Council members sharing "concerns" about one of the bills. The council in November voted to enact a nine-month moratorium on processing any application for development in its heavy industrial zoning category, pending review by county staff.

Belvedere plans expansion across Florida

Belvedere Terminals, which submitted a conceptual site plan to the county on Dec. 4, wants to construct six 40-foot tall fuel tanks at 874 Hull Road, near the intersection of Interstate 95 and U.S. 1, just outside Ormond Beach. The terminal would be part of a $750 million plan to develop 10 such facilities across the state, with Jacksonville and Fort Pierce named as other locations.

Belvedere CEO Edwin Cothron explained in a news release last year his company is seeking to improve the state's access to a variety of fuel products by shipping them by "state-of-the-art railcars" from the Gulf Coast.

"This new system for fuel delivery will help lower gas prices for consumers and offer a safer and more dependable method for getting fuel into the state that is not subject to port shutdowns when a hurricane forms," Cothron said.

News of the plan landed with a thud in Volusia County.

For months, residents of Bear Creek Village, a manufactured home community near the site, and across Ormond Beach have protested the terminal plans, spurring the County Council and City Commission to take action against Belvedere's plans

Reactions: Call for locals to speak out in Tallahassee

Lavette, a former Volusia County resident who now lives in Tallahassee, works with a number of organizations, including her own Volusia and Brevard County Environmental Alliance.

In an interview Friday, she said she is urging Ormond Beach-area residents to travel to Tallahassee for committee hearings to fight the bills.

Lavette said the steps Volusia County has taken, implementing the moratorium and reviewing its zoning for the Belvedere site, are likely not enough to stop the company's plans. And she said the county's lobbyists are not nearly enough to derail the bills.

"Something of this magnitude is going to need a much heavier presence in Tallahassee than what they’ve done," Lavette said. "That moratorium is not going to be worth the paper that it is written on if that land-development bill goes through."

Mike Benedetto, chief operating officer of Belvedere Terminals, told The News-Journal in an email he was aware of a "Facebook post from a local activist" linking the bill to the company.

"It is very important to know that Belvedere in no way had anything to do with crafting this legislation − nor had any prior knowledge about them − contrary to what the activist claims," Benedetto said, adding he has no further comment on the bills as he was only now reviewing them.

Meanwhile, Dyer − the county attorney − wrote to County Council members that his "concerns" include SB 1628's language finding that protecting private enterprises' energy generation and delivery is "an important state interest," including job creation, economic prosperity and preventing supply-chain disruptions.

He also cited the state's direction that local governments "minimize or eliminate the potential negative impacts" when taking actions such as passing ordinances, the creation of a new cause of action for businesses or individuals to file against a county challenging ordinances and establishing a new state agency review process of such county or municipal actions.

"We will monitor these bills," Dyer wrote, "but they limit local government authority."

This article originally appeared on The Daytona Beach News-Journal: Senate bills might clear way for Belvedere's Ormond Beach fuel tanks