Backup Documents 09/25-26/2012 Item #10I C°om, cSS FcAL (4 iNtoT��
17- i o s iz s-//
FAC RESTORE ACT MEETING OF 9/19/2012
10:00 AM
Lowes Don CeSar Hotel,St. Pete Beach
Discuss/Disclaimer SUNSHINE Laws in full affect. Only 1 Commissioner per county-to then take
resolution back to county for consideration.
Alex- NO DISCUSSION OF COUNTY/COMMISSION business discussed at this meeting
Roll Call—23 Counties represented—100%participation
Note: Bed tax dollars higher than ever before in Pinellas County
Pat Gleason gave informal opinion on oil spill—special council to commission (8 county commissioners
sit on commission) - Remove anything that concerns the commission from this meeting.
Formulas& Pots created—15 members not aware of concerns.
Time lines in the Act
23 counties need to realize time lines and understand
Idea and point is to take the Interlocal agreement back to our respective counties.
Note:Taylor County already on board and few other counties will be considering this week.
Alex—Bring back to BCC for consideration,discussion and adoption of resolution for the Interlocal
agreement
Restore Act—3 pots of money
1. County Pot—35%,
2. Competitive Pot—Submit applications
3. Consortium Pot—at least one member from each affected county
Consortium needs to have as much flexibility as possible. Sub groups within could be possible.
Initially all can be members and others may join after.
To leave consortium,just send notice.
No criteria presently for approval process.
Alex-Why flexibility will be needed, no present plans on how things will be done and criteria and
process.
Final version of resolution will be provided on Friday,9/21 (first said to be on Monday, 9/24)to present
to Commissioners for discussion and approval.
Alex—County attorneys have looked over 5 drafts
Restore acts says: A consortium must be formed to form a plan to present to council (with 1 rep from
each county)
Legally nothing stops the state from forming their own consortium and take over.
Alex- Legislature can form own group, no guarantee they won't interfere
Alex—question was asked, how does the public/outsiders get involved? That would be up to the
consortium.
If a county chooses NOT to participate, even the Restore Act says all affected counties MUST be
represented;we'll have to deal with it at that time.
??Are we establishing a whole new bureaucracy??
Consortium will decide on financial participation.
There are right to get out are built in.
Alex—Are we establishing w/open ended funding? How can we control modest budget? This will be up
to the consortium to decide on budget—1 rep from each county, 23 votes.
Plan is the most expensive part of the Act. Administrative dollars are already in the Act.
Alex—FAC spoke with state about funding needs. Told to keep cost as minimal until consortium is
formed, admin dollars in Act, matter of when they get the money.
No one can be reimbursed until Trust Fund money is received.
Hiring, etc will be hired of consortium votes to move forward. Hard to establish budget until a work
program is formed.
Alex—How much upfront money to sign on? Don't know yet until money in funds for fiscal year
FAC role—FAC will support in many ways—but the consortium will need to fund itself.
Alex—The FAC is there for support,they will be an advocate, and educated this group. Provide help to
get group to form on own.
Deadlines w/U.S.Treasury—Initial planning deadlines—States are operating under their own deadline.
No urgency that consortium comes up with a plan
Alex—FL priorities—to go to Washington for federal counsel—local government must be at the table!
. 9/25//2_,
Local government must be at the table! We all need to have a seat that the table or someone else will
make the decision that we'll have to deal with. All 23 counties MUST STAND TOGETHER—We must be
unified (Monroe County)
Everyone must sign the first Interlocal Agreement—Asked willingness to take agreement back to your
respective County?
22 Yes, Gulf county with concerns and hesitancy. 1 no, Franklin county.
Note: Franklin County WILL take back(this was discussed later)
Formal legal entity: Consortium
DISCUSSION ON TRANSITION BUDGET
Financial Support in forming consortium
Budget associated with all decisions
Alex—Funding structure based on state law—Restore Act based on county population
Formula established by state
8-79%
15-25%
Based on population
Next steps—Exec Council from FAC to form transition budget
Allocation adds up to more than $53,000 to cover counties who choose not to participate (just in case)
until end of December.
Oct 1 is not hard and fast—we can go to final
Alex—FAC has incurred costs and use to form the consortium
Underlying financial issue in Bay County—suffered greatly
We must work together. There are opportunities to work together but we have to have some trust. The
8 counties are already bonded and work well together.
All must come together to work for the future dollars and counties need to control the money, not the
state. We aren't going to get the money if we don't all work together. We're all affected together!
No juvenile snapper are being recognized presently.
Alex—When Bay hit, Naples was hit, boaters were moving forward,going up to the Carolinas so
business down here—all were affected!
It is all about Florida!
We should not be thinking parochially, but as a team
This is a massive undertaking. We need a commitment to stand together.
Alabama and Mississippi and Louisiana are our biggest competition, not each other.
Get counties who are ready to go right now and move forward, others can join in later but we must get
the procedure going.
Alex-Transition budget until consortium on own, consortium will come up with own budget& process.
FL is unique! All other states are leaving it up to state regulation! We are trying to build the consortium
to allocate funding. Take control of our own destiny!
U.S.Treasury phone call—issues with the 8 counties formula and wants back-up material on the 15
counties'formula. Trying to understand and figure out what is needed for consortium.
Work in federal side is still ongoing
Costs until there is money in the trust fund are NOT reimbursable
Governor is going to appoint someone to council. Lots of push and pull is to who it will/should be
Feds say Treasury will cut the check, probably proportionately
Gulf coast states are making proposals on the$1 billion
Set aside—are they real dollars or credits
Some estimates are 5 to 1—lots of posturing going on
Both sides are strategically reevaluating
Oct 22nd is proposed consortium meeting- Need to have a designated board member to attend.
It's the hope to make this the initial consortium meeting.
Will develop web site dedicated to Consortium and give notice in news papers,online to meeting
Interlocal Agreement is the backbone
Franklin County—oyster beds dead, shrimp,fish &crab(per Cheryl Sanders)
*extra notes from Alex notes in red
o F T enn I 0 ke,.„ „.e,j(
a, 2 eledA-e- d'14 Fi c A ,
FAC RESTORE ACT MEETING OF 9/19/2012 / �'
10:00 AM 6:02,etti 67 T/1724 .-wl
Lowes Don CeSar Hotel,St. Pete Beach / , hi edg( 4 -th ,
•
Discuss/Disclaimer SUNSHINE Laws in full affect. Only 1 Commissioner per county-to then take
resolution back to county for consideration. " Q aj4UlY,/Z%L (70P410 f
Alex- NO DISCUSSION OF COUNTY/COMMISSION business discussed at this meeting / /
Roll Call-23 Counties represented-100%participation
Note: Bed tax dollars higher than ever before in Pinellas County
Pat Gleason gave informal opinion on oil spill—special council to commission (8 county commissioners
sit on commission) -Remove anything that concerns the commission from this meeting.
Formulas & Pots created—15 members not aware of concerns.
Time lines in the Act
23 counties need to realize time lines and understand
Idea and point is to take the Interlocal agreement back to our respective counties.
Note:Taylor County already on board and few other counties will be considering this week.
Alex—Bring back to BCC for consideration,discussion and adoption of resolution for the Interlocal
agreement
Restore Act—3 pots of money
1. County Pot—35%,
2. Competitive Pot—Submit applications
3. Consortium Pot—at least one member from each affected county
Consortium needs to have as much flexibility as possible. Sub groups within could be possible.
Initially all can be members and others may join after.
To leave consortium,just send notice.
No criteria presently for approval process.
Alex-Why flexibility will be needed, no present plans on how things will be done and criteria and
process.
IC)`
•
Final version of resolution will be provided on Friday,9/21(first said to be on Monday,9/24)to present
to Commissioners for discussion and approval.
Alex—County attorneys have looked over 5 drafts
Restore acts says: A consortium must be formed to form a plan to present to council (with 1 rep from
each county)
Legally nothing stops the state from forming their own consortium and take over.
Alex- Legislature can form own group, no guarantee they won't interfere
Alex—question was asked,how does the public/outsiders get involved? That would be up to the
consortium.
If a county chooses NOT to participate,even the Restore Act says all affected counties MUST be
represented;we'll have to deal with it at that time.
??Are we establishing a whole new bureaucracy??
Consortium will decide on financial participation.
There are right to get out are built in.
Alex—Are we establishing w/open ended funding? How can we control modest budget? This will be up
to the consortium to decide on budget—1 rep from each county,23 votes.
Plan is the most expensive part of the Act. Administrative dollars are already in the Act.
Alex—FAC spoke with state about funding needs. Told to keep cost as minimal until consortium is
formed, admin dollars in Act, matter of when they get the money.
No one can be reimbursed until Trust Fund money is received.
Hiring,etc will be hired of consortium votes to move forward. Hard to establish budget until a work
program is formed.
Alex—How much upfront money to sign on? Don't know yet until money in funds for fiscal year
FAC role—FAC will support in many ways—but the consortium will need to fund itself.
Alex—The FAC is there for support, they will be an advocate, and educated this group. Provide help to
get group to form on own.
Deadlines w/U.S.Treasury—Initial planning deadlines—States are operating under their own deadline.
No urgency that consortium comes up with a plan
Alex—FL priorities—to go to Washington for federal counsel—local government must be at the table!
"J/911/
Local government must be at the table! We all need to have a seat that the table or someone else will
make the decision that we'll have to deal with. All 23 counties MUST STAND TOGETHER—We must be
unified (Monroe County)
Everyone must sign the first Interlocal Agreement—Asked willingness to take agreement back to your
respective County?
22 Yes,Gulf county with concerns and hesitancy. 1 no, Franklin county.
Note: Franklin County WILL take back(this was discussed later)
Formal legal entity: Consortium
DISCUSSION ON TRANSITION BUDGET
Financial Support in forming consortium
Budget associated with all decisions
Alex—Funding structure based on state law—Restore Act based on county population
Formula established by state
8—79%
15-25%
Based on population
Next steps—Exec Council from FAC to form transition budget
Allocation adds up to more than$53,000 to cover counties who choose not to participate (just in case)
until end of December.
Oct 1 is not hard and fast—we can go to final
Alex—FAC has incurred costs and use to form the consortium
Underlying financial issue in Bay County—suffered greatly
We must work together. There are opportunities to work together but we have to have some trust. The
8 counties are already bonded and work well together.
All must come together to work for the future dollars and counties need to control the money, not the
state. We aren't going to get the money if we don't all work together. We're all affected together!
No juvenile snapper are being recognized presently.
6011V
Alex—When Bay hit, Naples was hit, boaters were moving forward,going up to the Carolinas so
business down here—all were affected!
It is all about Florida!
We should not be thinking parochially, but as a team
This is a massive undertaking. We need a commitment to stand together.
Alabama and Mississippi and Louisiana are our biggest competition, not each other.
Get counties who are ready to go right now and move forward, others can join in later but we must get
the procedure going.
Alex-Transition budget until consortium on own, consortium will come up with own budget& process.
FL is unique! All other states are leaving it up to state regulation! We are trying to build the consortium
to allocate funding. Take control of our own destiny!
U.S.Treasury phone call—issues with the 8 counties formula and wants back-up material on the 15
counties'formula. Trying to understand and figure out what is needed for consortium.
Work in federal side is still ongoing
Costs until there is money in the trust fund are NOT reimbursable
Governor is going to appoint someone to council. Lots of push and pull is to who it will/should be
Feds say Treasury will cut the check, probably proportionately
Gulf coast states are making proposals on the$1 billion
Set aside—are they real dollars or credits
Some estimates are 5 to 1—lots of posturing going on
Both sides are strategically reevaluating
Oct 22nd is proposed consortium meeting- Need to have a designated board member to attend.
It's the hope to make this the initial consortium meeting.
Will develop web site dedicated to Consortium and give notice in news papers,online to meeting
Interlocal Agreement is the backbone
Franklin County—oyster beds dead,shrimp,fish&crab(per Cheryl Sanders)
0
opipi
4r4)
FA RESTORE Act Meeting
September 19, 2012
FLORIDA. 10:00 am to 12:00 pm (EDT)
AWA NO:COUNTIES Lowes Don CeSar Hotel—King Charles Room
All Aboi About Florida 3400 Gulf Blvd., St. Pete Beach, FL 33706
AGENDA
Gulf Consortium Joint Public Entity Creation/Steps Forward
• Cover Memo
• Gulf Consortium Q&A
• Draft Resolution •
• Interlocal Agreement
Transition Budget
• Cover Memo
• Approval by FAC Board .
•
Staff Report on Other Activities/Contacts Made
Proposed Gulf Consortium Meeting Oct 22, 2012 (Location TBD)
Proposed Consortium/Affected Counties Meeting November 28th- Sarasota (in
conjunction with FAC Legislative Conference)
F L O R I D A °t)04
1,771U
ri I j
Commission on
Oil Spill Response Coordination
Second Meeting
September 12, 2012
Emerald Coast Convention Center, Fort Walton Beach, FL
9:00—9:20 am Welcome by the Chair, Introductions, and Roll Call
Commissioner George Gainer(Chair), Bay County Board of County Commissioners
9:20—9:30 am Administrative Review
9:30 — 10:20 am Planning and Operations Discussion
10:20 — 10:40 am BREAK
10:40— 12:00 pm Command and Control Organization Discussion
12:00—1:00 pm LUNCH
1:00 —2:30 pm Resources and Logistics Discussion
2:30—2:45 pm BREAK
2:45 —3:45 pm Discussion of Overarching Issues
3:45 —4:00 pm Announcements
4:00 pm ADJOURN
1
1111
DRAFT List of Initial Recommendations
Regarding the Deepwater Horizon Oil Spill Response in Florida
S
September 7, 2012
NOTE: This list of DRAFT recommendations was developed by Tetra Tech, bases/on research and
interviews,for consideration by members of the Florida Commission on Oil Spill`!Response
Coordination. The information which follows has not been discussed by the;Commission, and is
presented for information purposes only The.information is organized b,!:general topic area
Note that a list of acronyms used in this document appears on the lasttwo;p'ages.
,
4it",
Planning & Operations Issues
"eii�,
• • Specify additional pre-event requirements~:for'Area Contingency Plans (ACPs),
including provisions for plan development,.gip"proval, and execution:.
o Identification and prioritiatonof'environmentally sensitive areas
o Update ACP policy gui,darl.ce tool clude:
• dispersant use:;Aor r3e`st iction);
• • protective.,rieas'Wsres for different types of oil;
411-`
• worst-cas '�clischarge scenarios;
• res p or :e pp ersonnel qualifications, position assignments,and
description of when the ACP or levels of the ACP get implemented
y(4'
o Improve stake, local (county and city), and public.participation in the ACP
development process •
q4'Thorough vetting of ACP components with, and acceptance by, each Gulf
coast County in Florida
" 64' Use of applicable ACP measures modeled from other state ACPs across the
US (positive application of"lessons learned"—including from DWH)
F;t4.
ri:. 1 o Better application of sound science in area contingency planning,
considering water currents,tidal variations and the effects of protective
measures used in environmentally and economically sensitive areas
o Include advantages and limitations of proposed ACP measures to make
each entityawar..eof ramifications and impacts
o : Ea'chpotentia-1 ACP element should be exercised with a maintenance
coiponentta ensure functionality dyer the long term
FL OSRC DRAFT List of Initial Recommendations—For Discussion Purposes Only Page 1
•
4f
• EPA and USCG should amend the NCP to provide more detailed guidance on the
development of Regional Contingency Plans (RCPs)to include:
o Local (county and city)involvement and acceptance of RCPs
o Vessels of Opportunity(VOO) implementation guidance is needed
o Require Oil Spill Removal Organization to participate in the planning
process s;
o There is a need for better prioritization and protection of economic.an4d
environmental resources
o Volunteer coordination guidance is needed -''= _"-
• Define responsibilities and assignments related to a Spill of National Significance
(SONS):
o Incorporate Florida state and county emergency management personnel,
�. 'to'
ease and Emergency Operations Centers (EOCsto ease the burden
44 !fk
on the USCG
o Establish Memorandums of Understandings Vl9U)or Cooperative
Agreements between state of Florida aril°USCG to pre-solicit quickly
approvable contracts for implementatt.onwcf ACP elements similar to pre-
storm contracts rt-,a,s��;. .,,tx�r:�
o Conduct SONS exercise periodically 3F every two or three years?—and
include participation by all fi .g„Culf coast states(FL,AL, MS, LA and TX)
o Hold Gulf coast SONS.mee: tjg?br conferences every two or three years to
review ACPs, previous;SON;S exercise "lessons learned,"technological
advancements, regulatory changes,One Gulf Plan changes,and other
pertinent item s T,y.
o Revise SQ1 policies to include state and local governments in the SONS
;;-
Iwo
response--.organization
of
Command zIA Control Organization and Functions
•x yet
.A f'ri`yr..
• R'equ:ire that.federal,state, and local governments participate in USCG's policy on
m ;
:4;,..corrn,ecting with the National Response Framework(NRF). USCG will be in the
(eadership role,with heavy involvement from all levels of government.
Amend NRF and the National Contingency Plan (NCP) organizational structures to
€• nic7l� s4;,
accommodate state and local representation.
• '• USCG and EPA should direct NRT and Regional Response Teams (RRTs)to improve
outreach and educational efforts in an ongoing effort to better explain the •
National Response System(NRS)and NCP to policymakers, state and local
governments, and other stakeholders.
• Require USCG to include state and local emergency management personnel in
NCP training and exercises that includes sharing/coordination of applicable
resources, such as State Emergency Response Team (SERT)Air Branch.
FL OSRC DRAFT List of Initial Recommendations—For Discussion Purposes Only Page 2
frs/(2-
• Require FEMAto include federal, state, and local personnel in National Incident
Management System/Incident Command System (NIMS/ICS)training.
• Clarify role of"local"governments in NCP—for example, ICP Houma worked
directly with Louisiana parishes, but ICP Mobile did not.
Resources & Logistics Issues :.,
• Greater reliance on local government personnel in implementing ACP4 and other
protective measures
• Require ICP branches to be established in each affected state when.o,i1 reaches
within 9 nautical miles of state waters. r{� ,
• Require USCG and the Responsible Party(RP)to be represented.and functional
within each state EOC when oil reaches within 9 nautical n les of state waters.
Establish a unified Gulf coast web mapping applicati:o ?;compatible across all five
•
Gulf coast states to track data reports (e.g.,the;,Geospatial Assessment Tool for
Operations and Response—GATOR) ,.;,_: ;,�
• Develop standards and processes for expel itecl:;acollection, processing,correlation,
analysis, and distribution of satellite imsgeryand oil thickness sensors to provide
real-time direction of spill respopseprat'inns.
• Require that response vesselsbe;.,difected in real-time by controllers in the air, not
on water•
• Establish real-time requirements/Or RP to communicate with federal,state and
.5
local governments. 4n
n�ec 5 'u2:
• USCG should developpolr'cy°°guidelines for Vessels of Opportunity(V00)as part of
the RCPs and AGps:;uvith''pre-certification, implementation requirements,
sustainability reqikements, and execution utilizing a "locals first"procedure
tea,.
.yl3j.
/sty'➢ r„
eh:;^i*sue`k.,. ..
•
FL OSRC DRAFT List of Initial Recommendations—For Discussion Purposes Only Page 3
liy..
•
Acronym List
AC Area Command
ACP Area Contingency Plan
BOEM Bureau of Ocean Energy Management (US Department of Interior) :, `:,
yhy
BSEE Bureau of Safety and Environmental Enforcement (DOI) .a„ _,:,
CEMP Comprehensive Emergency Management Plan 4-; ,,.
CFO Chief Financial Officer i= •,-;;
• CWA Clean Water Act
DACS Florida Department of Agriculture and Consumer Servrdes
DCA Florida Department of Community Affairs ,,,, •
DEM Florida Division of Emergency Management -1- :.'J_'
DEP Florida Department of Environmental Protection =, ', •
DFS Florida Department of Financial Services jl; ,.-o-„'''"''
DOH Florida Department of Health ,.4 ''
ti
DOI US Department of the Interior ,, -
EMAC Emergency Management Assjstan"cez�Gompact
.y�.Q;S.I
EMC EM Constellation y; srv-
EPA US Environmental Profection Agency
EOC • Emergency Operations t✓ente
ESF Emergency Support:Function
DOT Department of,I anspo ation
FElL Florida Emergency Information Line
FLANG Florida Air National Guard
FLNG Florid,ONatiCfal Guard
a
FOSIL Florda'Oil Spill Information Line
FSERT F o+rwrd State Emergency Response Team
FWC I <:l Iorida Fish and Wildlife Conservation Commission
GATOR , 'G`eospatial Assessment Tool for Operations and Response
HSPD'=: ,a'ti w;;,_Homeland Security Presidential Directive
ICS`'
'`2`'•• ''' Incident Commander
ICS& :w.§: Incident Command System
JIC Joint Information Center
MOU Memorandum of Understanding
MTSRU Maritime Transportation System Recovery Unit
NCP National Oil and Hazardous Substances Pollution Contingency Plan
NIMS National Incident Management System
FL OSRC DRAFT List of Initial Recommendations-For Discussion Purposes Only Page 4
*10
NOAA National Oceanic and Atmospheric Administration
NRF National Response Framework
NWS National Weather Service
OPA Oil Pollution Act (also OPA90)
OTTED Governor's Office of Tourism, Trade, and Economic Development
PIO Public Information Officer
PRFA Pollution Removal Funding Authorization
RCP Regional Contingency Plan
RECON Reconnaissance
RERN Remote Emergency Response Node
SBA Small Business Administration
SCAT Shoreline Cleanup and Assessment Technique
SCO State Coordinating Officer '..
SEOC State Emergency Operations.Center
SMT State Management Team
SERT State Emergency Response Team
SOGs Standard Operating Guidelines
SOPs Standard Operating Procedures
SOSC State On-Scene Coordinator,.
SWAN Simulating WAves Nearshore
SWO State Watch Office
Tt Tetra Tech
UC Unified Co ' `
Command -� 's`
USCG United States Gpast Guard
VOO Vessels of Opporfunity
4 if'-
!•''if.,. ill'
ti is n1i, t'lr.
FL OSRC DRAFT List of Initial Recommendations—For Discussion Purposes Only Page 5
, may
FLORIDA ASSOCIATION OF COUNTIES0
OPTIONS AND CONSIDERATIONS FOR FEDERAL LOBBYING
SUMMARY PAGE
A. Federal Contract Lobbyist
• _i Descr n:
ptio FAC hires Washington-based lobby firm.
• Cost: $20,000 to $120,000.
• Services: Will vary depending on fee structure; services range from general
reporting, legislative updates to full issue advocacy.
B. FAC Employee-- Federal Lobbyist
• Descr____iption: FAC hires new lobbyist to work federal issues exclusively.
• Cost: $120,000=$200,0001.
• Services: Legislative reporting, issue coordination, and advocacy.
C. New FAC Federal Coordinator
• Desc____r iption: FAC hires new in-house federal coordinator.
• Cost: $75,0002.
• Services: Full-time legislative reporting; limited issue coordination.
D. Existing FAC Staff—Federal Lobbying
• Description: FAC uses existing legislative staff to coordinate federal issues.
• Cost: No immediate costs. Could impact state legislative advocacy efforts.
• Services: Range from general reporting and updates to limited issue coordination.
E. Issue-Specific/ Regional Lobbying
• Descti ion: FAC uses existing legislative staff to coordinate a very specific issue(s);
this model may require hiring outside financial sdupport administrative staff.es who will
• Cost:This model contemplates additional f
benefit from the lobbying work.
• Services: Depends on the issue but could include a full range of services, including
issue reporting, meeting facilitation, advocacy, and issue implementation.
1 Estimate includes expenses for office,travel, etc.
2 General estimate.
`S/j/?'
FLORIDA ASSOCIATION OF COUNTIES
OPTIONS AND CONSIDERATIONS FOR FEDERAL LOBBYING
BACKGROUND
At this year's annual conference, Past President Doug Smith directed FAC staff to explore
options that would provide the association a stronger lobbying presence on federal issues and
programs. Included in that discussion was FAC's recent success in developing a regional
lobbying effort among the counties impacted by the BP oil spill, and talks centered on whether
this process could or should be replicated as a cost-effective option. To help the Board
understand the breadth and scope of this issue, what follows are a list of discussion questions,
an overview of FAC's past involvement at the federal level, options for federal lobbying, and a
discussion of implementing a regional or issue-specific lobbying model.
DISCUSSION ISSUES
Perhaps the most important issue for the Board's consideration is determining its goal, or goals,
for developing a broader federal lobbying presence. By developing more specific goals and
objectives,the Board can then determine what lobbying options best meet its overall needs. As
a part of this exercise,the Board may want to begin its discussion with the following questions:
• What type or level of lobbying does the membership need—i.e., legislative updates, bill
monitoring, full-time issue advocacy?
• How will FAC identify and reach consensus on federal issues and priorities?
• How will FAC measure whether its efforts are successful and its investment cost-
effective?
• Does the Board want to hire a full-time federal lobbyist, who will be a FAC employee, or
does it want to contract with a Washington based lobby firm?
• How would a federal lobbying effort be managed internally by FAC?
• What resources are available to fund a federal lobbying effort?
• Will a federal lobbying presence detract FAC from its state lobbying activities?
11- 11
frlo
Gulf Consortium Formation and Structure Memorandum
To: Florida Association of Counties
•
From: Mark T. Mustian, Nabors, Giblin, & Nickerson, P.A., FAC Special Counsel
Date: September 14, 2012 -
The Gulf Consortium can be created by adoption of the attached interlocal agreement
among any or all of the 23 "affected counties," including the 8 disproportionately
affected counties and the 15 non-disproportionately affected counties which were
impacted by the BP/Deep Water Horizon oil spill event. A separate document describes
how the.Gulf Consortium can serve the affected counties in the implementation of the
RESTORE Act. This memorandum describes the structure of the Gulf Consortium as a
joint public entity.
Affected County Membership •
• • Every county along the Gulf Coast of Florida has the right to join the Gulf
Consortium by adopting the interlocal agreement and causing it to be recorded.
• Any member may withdraw from the Consortium at any time.
Non-County Members
• Other public entities, such as cities and the state government, may be admitted
to membership if they are approved by the county members of the Gulf
Consortium.
• The affected county members can limit the membership rights of non-county
members, allowing flexibility to seek out necessary public entity partners, but also
to limit their voting rights.
Non-Government Members
• Florida law does not allow a non-government entity to be a member of the Gulf
. Consortium. The Board may allow non-government entities to serve in an
advisory role.
One County/One Vote Governance
• The Consortium is governed by a Board of Directors consisting of one
representative appointed by each of the affected counties which join the
Consortium..
• Each Director has one vote. A majority of the Directors constitutes a quorum.
1
45119
( ff
o
Executive Committee
• Five Directors chosen from the.Board of Directors serve as the Executive
Committee.
• The Chairman, Vice-Chairman and Secretary-Treasurer are elected by the
members of the Board at a meeting held once a year. Two other members are
selected by the elected Executive Committee members.
• • The Executive Committee can take actions on behalf of the board that are
specified in the interlocal agreement, including hiring a manager, renting office
• space, engaging an attorney and federal and state lobbyists, and opening a bank
account. Otherwise, the Executive Committee may exercise only the power
delegated by the Board.
Consortium Meetings
•
• Regular meetings can be called by a majority of the Board members or by the
Chairman.
• All meetings require public notice as required by law.
Immunity for Directors •
• • Directors are held harmless from any liability for acts of the Consortium and its
officers and employees.
• The Consortium has sovereign immunity.
Annual Budget and Reports
• For the first year, an interim budget is authorized. Thereafter, the agreement
calls for an annual budget.
•. Financial reports must be provided consistent with chapter 218, Florida Statutes.
Sunshine Law and Public Records
• The Consortium is subject to the law providing for open meetings and public
records.
• Chapter 120 relating to rule making does not apply to the Consortium.
Amendments and Effective Date
• The Interlocal Agreement may be amended by concurrence of all the Directors
and approval by the governing body of each Consortium Member.
• The Gulf Consortium takes effect after approval by at least two affected counties
• and the filing of the agreement.
2
al 10 0>
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How a Joint Public Entity Can Serve Affected Counties in the
Implementation of the RESTORE Act
The Gulf Consortium can be authorized to serve the 23 "affected counties," including the
8 disproportionately affected counties and the 15 non-disproportionately affected counties in
implementing any or all of the following aspects of the RESTORE Act.
WHY a joint entity?—Gulf Consortium
REQUIRED
• In the state of Florida, the RESTORE Act provides that"a consortia of local political
subdivisions" will develop the state economic and environmental restoration plan. The
consortia shall include at a minimum "a representative of each affected county".
• The consortium is responsible for the development and implementation of Florida's plan
that will be funded based on a state "impact allocation" formula. It is estimated that
Florida will receive 19-20 % of these funds.
COORDINATION
• The RESTORE Act provides for multiple pot: three separate funding pots for economic
and environmental restoration and an additional pot emphasizing monitoring and •
research.
• The projects and programs developed will very likely require the planning and
cooperation of multiple jurisdictions.
• The Gulf Consortium can propose and implement large-scale projects and programs to
be funded by the Gulf Coast Ecosystem Restoration Council, which is responsible for •
developing a Master Gulf Coast Regional plan.
• The Gulf Consortium can also help identify projects for the Natural Resource Damage
Assessment (NRDA).
TECHNICAL ASSISTANCE
• The Consortium may be authorized to assist any of the 23 affected counties (if they so
desire) in the plan development, implementation and administration of the 35 percent of
RESTORE Act funds that constitute Florida's share as a Gulf Coast State and are
allocated directly to the 23 counties. These funds are not subject to further appropriation.
FLEXIBILITY
o The Consortium can establish itself in almost any format, including
o Multiple (Joint Interest or geographic) county groups,
• o Include state entities
o Include other stakeholders
OVERSIGHT& COMPLIANCE
o Consortium can coordinate the 23 affected counties in the development of the Federal rules
. to implement the RESTORE Act.
o Consortium can provide a process that will be open and transparent to the public:
1
251r(9
HOW do I get one?—Gulf Consortium
Joint Public Entity
o Chapter 163, Florida Statutes, authorizes counties and other public agencies to agree to
use their powers jointly through the formation of another governmental entity so that they
can efficiently address their mutual needs.
o The idea of a separate legal entity created by two or more counties is much like the
concept of a corporation or LLC that any person can create. A corporation has a charter
and bylaws, which contain the powers of the corporation. The corporation is subject to
laws and regulation that do not necessarily apply to human beings, and vice versa.
Separate legal entities are common mechanisms through which counties and cities
accomplish mutual goals.
o A list of some of the separate government entities formed by counties and municipalities
in Florida is provided in a separate document.
Formation By Resolution
o Counties desiring to join together can form a separate legal entity through the adoption
of an identical resolution by each of the participating boards of county commissioners.
At a minimum, section 163.01 requires the participation by two counties to create a •
separate government entity.
• Powers
o The powers of the separate government entity are established in the resolutions creating
the entity. p privilege, or
o Generally, a separate government entity may be granted "an y power, p g
authority which . . . [the counties] share in common and which each might exercise
separately." Sec. 163.01(4), Fla. Stat. Sections 163.01(5) and (7) authorizes the
separate government entity to exercise broad governmental powers, which can be
further specified and
ve limited e the canobe'mo e fully developed andrefinedrin the bylaws
of the separate government Y
adopted by the participating counties.
Organization & Governance Structures
o The bylaws and resolution provide for the governance structure of the separate
governmental entity.
o The structure can be created including having more tthan will serve
governing tbdy, each of which
participating counties, in g
can be given separate responsibilities for different purposes.
Costs
o The start-up and on-going operations can be funded from county contributions or any
other source that may be available.
o Under certain circumstances, these f up-front
other costs may be recoverable from
RESTORE Act funds allocated
2
qk5 il9V
•
RESOLUTION NO.
A RESOLUTION OF [NAME] COUNTY, FLORIDA
APPROVING THE FORM OF THE INTERLOCAL
AGREEMENT THAT ADMITS THE COUNTY AS A MEMBER
OF THE GULF CONSORTIUM; AUTHORIZING THE GULF.
CONSORTIUM TO ACT ON THE COUNTY'S BEHALF IN THE
IMPLEMENTATION OF THE RESTORE ACT IN
ACCORDANCE WITH THE INTERLOCAL AGREEMENT;
AUTHORIZING EXECUTION OF THE INTERLOCAL
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
[NAME]•COUNTY, FLORIDA AS FOLLOWS:
SECTION 1. AUTHORITY FOR THE RESOLUTION. This Resolution is
adopted pursuant to the provisions of section 125.01 and Part I of Chapter 163,
Florida Statutes.
SECTION 2. FINDINGS. [NAME] County, Florida (the "County"), does
hereby find and determine that:
(A) The County is a county with frontage on the Gulf of Mexico entitled to
membership in the Gulf Consortium, a joint public entity created by interlocal
agreement among any or all of the counties along the Gulf Coast of Florida.
•
• (B) The County desires to become a member of the Gulf Consortium.
(C) In order to properly document the admission of the County to
membership in the Gulf Consortium, it is necessary and desirable for the County to
authorize, execute, and deliver the Interlocal Agreement Relating to Establishment of
the Gulf Consortium (the "Interlocal Agreement"), the form of which is attached
hereto as Exhibit A.
(D) To maximize the use of County resources and staff, it is in the best
interest of the County to authorize the Gulf Consortium to act on its behalf in
implementing the RESTORE Act in accordance with the Interlocal Agreement.
SECTION 3. THE APPROVAL OF THE INTERLOCAL AGREEMENT
RELATING TO THE RESTORE ACT. The form, terms and provisions of the
Interlocal Agreement, submitted to this meeting, attached hereto as Exhibit A is
intended to set the terms and conditions for the Gulf Consortium to act on behalf of
the County in the implementation of the RESTORE Act upon the County becoming a
Member of the Gulf Consortium. The form, terms and provisions of the Interlocal
Agreement are hereby approved and the Chairman of the Board of County
Page 1 of 2
iffrsp9
•
• .4/0-
Commissioners of the County and Clerk of the County are hereby authorized to
execute and deliver said Interlocal Agreement in its name on behalf of the County.
SECTION 4. FILING OF INTERLOCAL AGREEMENT. The County Clerk is
hereby directed to file the Interlocal Agreement with the Clerk of the Circuit Court in
Leon County, Florida as required by Section 163.01(11), Florida Statutes.
SECTION 5. GENERAL AUTHORITY. The members of the County
Commission and the officers, attorneys and other agents or employees of the County
are hereby authorized to do all acts and things required of them by this Resolution
and the Interlocal Agreement, or desirable or consistent with the requirements hereof
or thereof for the full, punctual and complete performance of all the terms, covenants
and agreements contained herein or in the Interlocal Agreement, and each member,
employee, attorney and officer of the County and the County Clerk is• hereby
authorized and directed to execute and deliver any and all papers and instruments
and to do and cause to be done any and all acts and things necessary or proper for
carrying out the transactions contemplated hereunder and under the Interlocal
Agreement.
SECTION 6. SEVERABILITY AND INVALID PROVISIONS. If any one or
more of the covenants, agreements or provisions herein contained shall be held
contrary to any express provision of law or contrary to the policy of express law,
though not expressly prohibited or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or provisions shall be
null and void and shall be deemed separable from the remaining covenants,
• agreements or provisions and shall in no way affect the validity of any of the other
provisions hereof or of the Interlocal Agreement.
SECTION 7. EFFECTIVE DATE. This Resolution shall become effective
immediately upon its adoption.
[NAME] COUNTY, FLORIDA
Chairman
ATTEST:
Clerk of the Circuit Court
F:\General Data 1WPDATA1smb1RESTORE - 163 Entity Development for County Managers\County resolution approving
Interlocal Agreement.docx
Page 2 of 2
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At f°f
From: Florida Association of Counties
To: Potential Counties of Gulf Consortium
Subj: Transition Budget
FAC is committed to serving Florida's 67 counties through our mission of preserving
and protecting home rule through education, advocacy and collaboration. However,
there are events that occur, such as the Deepwater Horizion Oil Spill, that call on the
Association to work on the primary behalf of a specific region. When that occurs, FAC
historically has asked those affected counties to provide financial support to the
Association so these regional efforts can be implemented.
When the RESTORE Act was being lobbied in Washington, the eight disproportionately
impacted counties contributed funds to support FAC's lobbying efforts. Now that the
RESTORE Act has passed and FAC is working to create a consortium to maximize the
opportunities for Florida's counties and advance the principle of home rule— securing
that these decisions should be made on a local level — FAC is turning to those impacted
counties to directly support our efforts.
Therefore, FAC is asking those 23 Gulf Coast counties to reimburse FAC for the
investments being made to create the consortium. If and when a consortium is formed,
it will develop an independent operating budget and funding structure. Should any
funds remain from the transition period, they will be transferred to the consortium.
The Transition Budget is intended to accomplish the following:
• Reimburse FAC for expenses associated with consultants, travel and other
administrative costs.
• Continue the lobbying effort with Federal Agencies to ensure Florida counties
interests' are considered.
• Continue to provide continuity to members until the Gulf Consortium is formed.
The Transition Budget is not a bill for developing the interlocal agreement (ILA) and is
not a fee for joining the Gulf Consortium.
If approved by a majority of the affected counties, the Transition Budget will be
presented to the FAC Executive Committee for approval and invoicing.
Transition Planning Assumptions
• Goal is to have RESTORE Consortium setup and running by October 1,2012
• Once established,the Consortium will be responsible for implementation of the RESTORE Act
• Until October 1, 2012, or whenever the Consortium is established, FAC will facilitate and
coordinate the transition (detail below)
Transition Period (now - October 1, 2012*)
• FAC has hired Doug Darling to assist during this period. John Wayne Smith and Bill Peebles are
also available and involved
• Goals of Transition Period
o Establish framework for Consortium Membership
• Counties
•
• State involvement
• Other stakeholders
o Facilitate the planning for establishment of Consortium
• Budget
• Proposed expenses
• Proposed cost sharing
• Initial policy guidelines
• Advocacy&lobbyist(State & Federal)
o Counties
o State Agencies(DACS/DEP/FWCC/DEO/NRDA/WMD)
o Visit Florida
o Enterprise Florida
o State Stakeholders(Hotels/Restaurants/TDC's/Environmental
Groups)
o Governor's Office
o Legislative Leadership
o Commission on Oil Spill Response
o Federal Agencies
o U.S.Treasury
o Other States
• Preliminary legal analysis
o Proposed legal establishment
o Initial incorporation documents
o Initial By-Laws
• Communications
Page 1 of 3
t Ion
ESTIMATED
COUNTY POPULATION ALLOCATION AMOUNT
WALTON 55,043 14% $6,720
BAY 168,852 15% $7,200
GULF 15,863 6% $2,880
FRANKLIN 11,549 8% $3,840
WAKULLA 30,776 4% $1,920
JEFFERSON 14,761 4% . $640
TAYLOR 22,570 4% $640
DIXIE 16,422 3% $480
LEVY 40,801 4% $640
CITRUS 141,236 5% $800
HERNANDO 172,778 5% $800
PASCO 464,697 7% $1,120
PINELLAS 916,542 11% $1,760
HILLSBOROUGH 1,229,226 13% $2,080
MANATEE 322,833 7% $1,120
SARASOTA 379,448 7% $1,120
CHARLOTTE 159,978 5% $800
LEE 618,754 9% $1,440
COLLIER 321,520 7% $1,120
MONROE 73,090 8% $1,280
Page 3 of 3
ZS w
S
NGN Draft No.5 9/13/12
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
Among
[INSERT COUNTY NAMES]
Dated as of , 2012
MIS
Stt"t0
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
SECTION 1.01. DEFINITIONS. 4
ARTICLE II
THE CONSORTIUM
SECTION 2.01. CREATION. 6
SECTION 2.02. PURPOSES. 6
SECTION 2.03. CONSORTIUM MEMBERS. 7
SECTION 2.04. DURATION OF CONSORTIUM. 7
ARTICLE III
MEMBERSHIP AND REPRESENTATION
SECTION 3.01. MEMBERSHIP. 8
SECTION 3.02. REPRESENTATION. 8
SECTION 3.03. ACTION. 9
SECTION 3.04. ELECTION OF OFFICERS. 9
SECTION 3.05. AUTHORITY OF OFFICERS. 9
SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR. 10
SECTION 3.07. MEETINGS. 10
SECTION 3.08. WITHDRAWAL OR DISMISSAL OF CONSORTIUM
MEMBERS. 11
SECTION 3.09. EXPENSES. 11
SECTION 3.10. LIABILITY. 11
SECTION 3.11. EXECUTIVE COMMITTEE. 11
SECTION 3.12. PRINCIPAL PLACE OF BUSINESS. 12
i
i ..
�I�LS1I`l
PO
ARTICLE IV
POWERS AND DUTIES
SECTION 4.01. POWERS. 13
13
SECTION 4.02. ANNUAL BUDGET.
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED. 16
ARTICLE V
MISCELLANEOUS
SECTION 5.01. DELEGATION OF DUTY. 17 17
SECTION 5.02. FILING.
SECTION 5.03. IMMUNITY. 17
17
SECTION 5.04. LIMITED LIABILITY. 18
SECTION 5.05. AMENDMENTS. 18
SECTION 5.06. SEVERABILITY. 18
SECTION 5.07. CONTROLLING LAW. 18
SECTION 5.08. EFFECTIVE DATE.
11
1(14/
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
THIS INTERLOCAL AGREEMENT, dated as of , 2012
(the "Interlocal Agreement"), is jointly entered into by the counties which are
signatory hereto (collectively, the "Consortium Members"), each of which are
political subdivisions or other government agencies of the State of Florida and
constitute a "public agency" as that term is defined by Part I of Chapter 163,
Florida Statutes (the "Interlocal Act"), and such other public agencies as are added
as additional Consortium Members as provided in Section 3.01 hereof.
WITNESSETH:
WHEREAS, each of the initial Consortium Members are political
subdivisions of the State of Florida and have all powers of self-government
pursuant to their home rule powers and express grants of authority provided by
general law, including, but not limited to, those powers granted under Chapter 125,
Florida Statutes; and
WHEREAS, all Consortium Members are public agencies of the State of
Florida, within the meaning of Part I of Chapter 163, Florida Statutes (the
"Interlocal Act"); and
WHEREAS, the Consortium Members, as public agencies under the
Interlocal Act, may enter into interlocal agreements with each other to jointly
exercise any power, privilege or authority which such Consortium Members share
in common and which each might exercise separately. The joint exercise of this
authority permits the Consortium Members to make the most efficient use of their
powers by enabling them to cooperate on the basis of mutual benefit and, pursuant
to this authority, to form a governmental entity that will best serve the needs of
such Consortium Members and their citizens; and
WHEREAS, the Interlocal Act authorizes the Consortium Members to enter
into an interlocal agreement for the purposes of creating a separate legal entity for
the purpose of the joint exercise of the common powers of the Consortium
Members; and
1
i9
WHEREAS, the United States Congress approved, and the President signed
into law, the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of 2012 (the "RESTORE Act"),
which established potential funding sources for various purposes re to which
derived
enhance and benefit the Gulf Coast area. Such funding sources
from administrative and civil penalties from responsible parties in connection with
the explosion on and sinking of the mobile offshore drilling unit Deepwater
Horizon; and
WHEREAS, the initial Consortium Members are counties which were
impacted by the Deepwater Horizon event and the provisions of the RESTORE
Act are applicable to it; and
WHEREAS, under the provisions of the RESTORE
available for Fund (the
"Trust Fund") is established through which funding
projects, improvements, development and environmental mitigation within the
Gulf Coast regions; and
WHEREAS, the Consortium Members have determined that it is in their
best interests to create a legal entity to join together for the purposes of
implementing the consortia of local political subdivisions contemplated by the
RESTORE Act, for the purposes of the development n of to the
lan for
the
expenditure of the oil spill restoration impact allocation y serve
interests of the Consortium Members; and
WHEREAS, the Consortium Members seek to jointly exercise their power
to consider and promote proposals to be funded through the Trust Fund and to seek
on behalf of the Consortium and its members the funding of eligible projects
within their respective areas; and
WHEREAS, the Consortium Members seek to join together to arrive at
mutually beneficial projects, programs and improvements which will enhance the
ecosystems and economy of the Consortium Members and to collectively fulfill
their responsibilities under the RESTORE Act to develop a plan for expenditure of
certain funds within the Trust Fund.
NOW, THEREFORE, in consideration of the foregoing, it is mutually
agreed by and among the Consortium Members that now or may hereafter execute
this Interlocal Agreement, that the "Gulf Consortium," is a legal entity, public body
and a unit of local government with all of the privileges, benefits, powers and
2
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terms of the hereinafter defined Act and this Interlocal Agreement, and is hereby
created for the purposes described herein.
3
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ARTICLE I
DEFINITIONS
SECTION 1.01. DEFINITIONS. The following definitions shall govern
the interpretation of this Interlocal Agreement:
"Act" shall mean, with respect to Consortium Members that are Affected
Counties, the "Home Rule" powers and all provisions including,
but not granting
powers and authority to each such Consortium
to, Chapter 125, Florida Statutes, the Interlocal Act, and other applicable
provisions of law, and to other Consortium Members, all provisions of general law
granting powers and authority to such Consortium Member, including the
Interlocal Act.
"Affected County" shall mean any of the 23 Florida counties with frontage
on the Gulf of Mexico.
"Consortium Members" shall mean the member or members of the
Consortium, from time to time, as shall be provided for by this Interlocal
Agreement.
"Board" shall mean the governing board of the Consortium, consisting of
the Directors appointed hereunder.
"Consortium" shall mean the Gulf Consortium, a land b entity this Interlocal
body, created pursuant to the provisions of the Interlocal Act y
Agreement.
"Director" shall mean that individual appointed by each Consortium
Member in accordance with the provisions hereof to serve as part of the Board.
"Fiscal Year" shall mean the period commencing on October 1 of each year
and continuing through the next succeeding September 30, or such other period as
may be determined by the Board.
"Manager" shall mean the individual or entity selected and engaged by the
Board to provide administrative functions of the Consortium.
"Interlocal Act" shall mean Part I of Chapter 163, Florida Statutes.
4
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"Interlocal Agreement" shall mean this Interlocal Agreement, including
any amendments or supplements hereto, executed and delivered in accordance with
the terms hereof.
"Public Agencies" shall mean any "public agency", as that term is defined
by the Interlocal Act.
"RESTORE Act" shall have the meaning set forth in the preambles hereof.
"State" shall mean the State of Florida.
Whenever any words are used in this Interlocal Agreement in the masculine
gender, they shall be construed as though they were also used in the feminine or
neuter gender in all situations where they would so apply, and whenever any words
are used in this Interlocal Agreement in the singular form, they shall be construed
as though they were also used in the plural form in all situations where they would
so apply.
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ARTICLE II
THE CONSORTIUM
SECTION 2.01. CREATION. The Consortium Members hereby jointly
create and establish the "Gulf Consortium", a legal entity and public body and a
unit of local government, with all of the privileges, benefits, powers and terms
provided for herein and by the Act.
SECTION 2.02. PURPOSES.
(A) The purpose of this Interlocal Agreement is for the establishment of
the Consortium, which will serve as the consortia or establish the consortia of local
political subdivisions as contemplated by the RESTORE Act for those counties
which are members of the Consortium. The Consortium is intended to assist in or
be responsible for, as determined by the Board:
(1) the development of the plan for the expenditure of the Oil Spill
Restoration Impact Allocation required by the RESTORE Act;
(2) the preparation and processing of applications or proposals for
funding under the competitive program to be processed and administered by the
Gulf Coast Ecosystem Restoration Council;
(3) acting as a resource for Consortium Members, to the extent
requested by that Member, in the planning, administration and expenditure of that
Member's share or portion thereof provided directly to the disportionately and
nondisportionately impacted counties pursuant to the RESTORE Act upon such
terms and conditions agreed to by that Consortium Member and at the sole expense
of that Consortium Member; provided, that nothing contained herein is intended to
impact the amount or timing of any such distribution provided directly to the
disportionately and nondisportionately impacted counties;
(4) acting as a resource in the obtaining of additional funding for
programs through other available revenue sources, including, but not limited to,
those available for the Natural Resource Damage Assessment (NRDA);
6
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(5) acting as an advocate and representing the Consortium
Members in the development of federal rules relating to the implementation of the
RESTORE Act; and
(6) acting as an advocate for the Consortium Members with
executive agencies, the Florida Legislature and the United States government.
(B) It is determined that the creation and organization of the Consortium
and the fulfillment of its objectives serves a public purpose, and is in all respects
for the benefit of the people of the State, Consortium Members, affected Public
Agencies and their citizens.
(C) It is determined that the Consortium is performing an essential
governmental function. All property of the Consortium is and shall in all respects
be considered to be public property, and the title to such property, to the extent
required, shall be held by the Consortium for the benefit of the public. The use of
such property shall be considered to serve a public purpose, until disposed of upon
such terms as the Consortium may deem appropriate.
SECTION 2.03. CONSORTIUM MEMBERS. The Consortium
Members shall consist of those Public Agencies set forth below or joined as
provided in Article III.
SECTION 2.04. DURATION OF CONSORTIUM. The Consortium
shall be in perpetual existence until the earlier of the following occurs:
(A) all revenue within the Trust Fund created pursuant to the RESTORE
Act is expended and the program established by the RESTORE Act is dissolved; or
(B) the Consortium is dissolved by the majority vote of its Board.
7
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ARTICLE III
MEMBERSHIP AND REPRESENTATION
SECTION 3.01. MEMBERSHIP.
(A) Membership in the Consortium shall consist of Public Agencies that
approve this Interlocal Agreement pursuant to Article III.
(B) The initial Consortium Members shall on the date hereof consist of:
(INSERT COUNTIES)
(C) To the extent permitted by the Interlocal Act and the RESTORE Act,
the Consortium may admit any additional Public Agency to membership upon
application of such Public Agency, the approval of this Interlocal Agreement by
that Public Agency, and the affirmative vote of the majority of all Directors at a
duly called meeting of the Board of the Consortium; provided, that any Affected
County shall automatically be admitted to membership upon application thereof.
This Interlocal Agreement need not be amended in order to admit any Public
Agency as a Member of the Consortium; however, any new Consortium Member
which is not an Affected County shall be required to evidence its approval of any
conditions imposed on its membership by the existing Directors of the Consortium.
Approval of the governing bodies of each existing Consortium Member shall not
be required for the purpose of admitting a new Consortium Member.
(D) As a precondition to membership in the Consortium, each Consortium
Member shall constitute a Florida municipality, county or such other Public
Agency which is permitted by the Interlocal Act to be a member of the
Consortium. Such new Consortium Member shall execute, deliver and record a
duly authorized counterpart to this Interlocal Agreement, as it exists at the time of
its approval.
SECTION 3.02. REPRESENTATION.
(A) Each Consortium Member shall appoint one Director to act as its
representative on the Board. Each Director shall be an individual who shall be
appointed specifically by name or by position. The Consortium Member shall
notify the Manager and the Chairman in writing as to the individual designated as
their Director.
8
(B) Directors may be an elected official, appointed official, employee or
other designee of a Consortium Member.
SECTION 3.03. ACTION.
(A) The affairs, actions and duties of the Consortium shall be undertaken at
a duly called meeting pursuant to Section 3.08 hereof.
(B) At any meeting of the Consortium at which any official action is to be
taken, a majority of all Directors shall constitute a quorum. A majority vote of a
quorum of the Directors present at a duly called meeting shall constitute an act of
the Consortium, except as otherwise provided herein. Except as may be
established by the Board with respect to any new Consortium Member which is not
an Affected County, each Director is entitled to cast one vote.
(C) A certificate, resolution or instrument authorized by the Board and
signed by the Chairman, Vice-Chairman or such other person of the Consortium as
may hereafter be designated and authorized by the Board, shall be evidence of the
action of the Consortium and any such certificate,eaauthentic resolution Likewise,instrument all fat and
signed shall conclusively be presumed to
matters stated therein shall conclusively be presumed to be accurate and true.
SECTION 3.04. ELECTION OF OFFICERS. Once a year, and at such
other time as may be necessary to fill a vacancy, at a duly called meeting of the
Board called for the purpose thereof, the Consortium through its Directors shall
elect a Chairman, a Vice-Chairman and a Secretary-Treasurer n functions as herein n providede
meetings of the Board and to perform such other
Said Chairman, Vice-Chairman and Secretary-Treasurer shall each serve one (1)
year terms unless they resign from the Consortium, are removed by the
the Board
they represent, or such officer is otherwise replaced as a Director
Officers may, if elected by the Directors, serve longer than a one (1) year term.
SECTION 3.05. AUTHORITY OF OFFICERS.
(A) The Chairman and the Vice-Chairman shall take such actions and have
such powers as provided by the Board. The Chairman shall sign all documents on
behalf of the Consortium and take such action as may be in furtherance of the
purposes of this Interlocal Agreement as may be approved by resolution or action
of the Board adopted at a duly called meeting. The Vice-Chairman shall act in the
absence or otherwise inability of the Chairman to act.
9
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I
(B) The Secretary-Treasurer, or his designee, shall keep and maintain all
minutes of all meetings of the Board, but such minutes need not be verbatim.
Copies of all minutes of the meetings of the Board shall be sent by the Secretary-
Treasurer or his designee to all Directors of the Consortium. The Secretary-
Treasurer may also attest to the execution of documents. The Secretary-Treasurer
shall have such other powers as may be approved by resolution or other action of
the Board adopted at a duly called meeting.
SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR.
(A) Any Director may resign from all duties or responsibilities hereunder
by giving at least thirty (30) days prior written notice t
shall t Manager and
ake e effect and
Chairman. Such notice shall state the date said resignation
such resignation shall take effect on that date.
(B) Each Consortium Member, in its sole discretion, may remove its
designated Director at any time and may appoint a new Director to serve on the
Board upon written notice being given to the Manager and Chairman. Each
Consortium Member may also designate an alternate or designee to serve in a
Director's place in the event the Director is unavailable.
(C) In the event the Director of a Consortium Member shall resign or be
removed, such Consortium Member shall appoint a new Director within thirty (30)
days.
(D) Any Director who resigns or is removed and who is an officer of the
Consortium shall immediately turn over and deliver to the Manager any and all
records, books, documents or other property in his possession or under his control
which belong to the Authority.
SECTION 3.07. MEETINGS.
(A) The Board shall convene at a meeting duly called by either a majority
of the Directors or the Chairman. The Directors may establish regular meeting
times and places. Meetings shall be conducted at such locations as may be
determined by the majority of the Directors or the Chairman. Notice of a special
meeting, unless otherwise waived, shall be furnished to each Director by the
Manager not less than seven (7) calendar days prior to the date of such meeting;
provided the Chairman or, in his absence or unavailability, the Vice-Chairman,
may call a meeting upon twenty-four (24) hours written notice, if such officer
10
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determines an emergency exists. All meetings shall be noticed in accordance with
Florida law.
(B) Within thirty (30) calendar days of the creation of the Consortium, the
duly appointed Directors shall hold an organizational meeting to elect officers and
perform such other duties as are provided for under this Interlocal Agreement.
(C) To the extent allowed, meetings may be held by means of media
technology in conformity with the Interlocal Act.
SECTION 3.08. WITHDRAWAL OR DISMISSAL OF
CONSORTIUM MEMBERS. Any Consortium Member may withdraw from the
Consortium at any time, if the following conditions are satisfied:
(A) there shall be at least two (2) Consortium Members remaining in the
Consortium subsequent to withdrawal; and
(B) a certified resolution from the Consortium Member's governing body
setting forth its intent to withdraw is presented to the Consortium. Upon
satisfaction of the foregoing conditions, such withdrawal shall be effective.
SECTION 3.09. EXPENSES. The Consortium may establish, from time
to time, procedures for reimbursement for reasonable expenses incurred by
Directors and employees of the Consortium. The Consortium shall also establish a
mechanism for assessing or apportioning Consortium expenses to the Consortium
Members. The expenditure of all expenses and approval of travel shall be in
conformity with the provisions of Florida law governing travel and reimbursement
of expenses for public officials.
SECTION 3.10. LIABILITY. No Director, agent, officer, official or
employee of the Consortium shall be liable for any action taken pursuant to this
Interlocal Agreement in good faith or for any omission, except gross negligence, or
for any act of omission or commission by any other Director, agent, officer,
official or employee of the Consortium.
SECTION 3.11 EXECUTIVE COMMITTEE. An Executive Committee
of the Board shall be established that shall consist of the Chairman, the Vice-
Chairman, the Secretary-Treasurer and two other Directors designated by the
foregoing three officers. The Executive Committee shall have the power to act on
behalf of the Board in items of the activities set forth in Section 4.01(A)(2), (3),
11
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(4), (6), (7), (11), (13), (15), (16), (17), (23) and (24) hereof, and such other powers
as may be designated by the Board.
SECTION 3.12 PRINCIPAL PLACE OF BUSINESS. The
Consortium's principal place of business, within the meaning of Section 163.01
(11), Florida Statutes, shall initially be Leon County, Florida, subject to
modification by action of the Board.
12
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Ta
ARTICLE IV
POWERS AND DUTIES
SECTION 4.01. POWERS.
(A) The Consortium shall have all powers to carry out the purposes of this
Interlocal Agreement, including the following powers which shall be in addition to
and supplementing any other privileges, benefits and powers granted by the Act, or
otherwise by the Interlocal Agreement:
(1) To enter into other interlocal agreements or join with any other
special purpose or general purpose local governments, public agencies or
authorities or create a separate entity as permitted by the Act in the exercise of
common powers or to assist the Consortium in fulfilling its purpose under this
Interlocal Agreement.
(2) To sue and be sued in the name of the Consortium.
(3) To adopt and use a seal and authorize the use of a facsimile
thereof.
(4) To contract with any public or private entity or person upon
such terms as the Board deems appropriate.
(5) To acquire, by purchase, gift, devise or otherwise, and to
dispose of, real or personal property, or any estate therein, including the power to
determine how property will be disposed of upon the dissolution of the
Consortium.
(6) To make and execute contracts or other instruments necessary
or convenient to the exercise of its powers.
(7) To maintain an office or offices at such place or places as the
Board may designate from time to time, and to establish a custodian for the records
of the Consortium.
(8) To lease, as lessor or lessee, to or from any person, firm,
corporation, association or body, public or private, facilities or property of any
nature to carry out any of the purposes authorized by this Interlocal Agreement.
13
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4r1o1
(9) To apply for and accept grants, loans and subsidies from any
governmental entity for the funding of projects, improvements or mitigation, and to
comply with all requirements and conditions imposed in connection therewith.
(10) To the extent allowed by law and to the extent required to
effectuate the purposes hereof, to exercise all privileges, immunities and
exemptions accorded municipalities and counties of the State under the provisions
of the constitution and laws of the State.
(11) To invest its moneys in such investments as directed by the
Board in accordance with State law.
(12) To provide for the establishment of advisory committees or
councils to the Board or other interlocal entities under the auspices of the Board.
(13) To fix the time and place or places at which its regular meetings
shall be held, and to call and hold special meetings.
(14) To make and adopt rules and procedures,itution and laws oft e
such other actions as are not inconsistent he Interlocal the
ct or this Interlocal Agreement
State of Florida, the provisions
that are necessary for the governance and management of the affairs of the
Consortium, and further, the powers, obligations and responsibilities vested in the
Consortium by this Interlocal Agreement.
(15) To select and engage a Manager, who shall administer the
operations of the Consortium, manage the staff of the Consortium, as authorized by
the Board, and perform all other administrative duties as directed by the Board.
(16) To employ or hire such attorneys or firm(s) of attorneys as it
deems appropriate to provide legal advice and/or other legal services to the
Consortium.
(17) To employ or hire engineers, consultants or other specialized
professionals as it deems appropriate to further the purposes of the Consortium.
(18) To create any and all necessary offices in addition to Chairman,
Vice-Chairman and Secretary-Treasurer; to establish other committees; to establish
the powers, duties and compensation of all employees; and to require and fix the
14
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amount of all official bonds necessary for the protection of the funds and property
of the Consortium.
(19) To take such action and employ such persons or entities as are
necessary to prepare, develop and submit to the Gulf Coast Ecosystem Restoration
Council the plan for the Oil Spill Restoration Impact Allocation contemplated by
the RESTORE Act setting forth those projects, programs and activities that will
improve the ecosystems or economy of the State of Florida.
(20) To prepare, develop and submit applications for funding from
the Trust Fund under the competitive program administered by the Gulf Coast
Ecosystem Restoration Council on behalf of the Consortium or a Member.
(21) To advise, assist and aid Consortium Members, upon their
request, in the planning, administration and expenditure of that Member's share or
portion thereof of amounts provided directly to the disportionately and
nondisportionately impacted Counties pursuant to the RESTORE Act, upon such
terms and conditions agreed to by that Member and at the sole expense of that
Consortium Member.
(22) To advise, assist and aid the Consortium in obtaining additional
funding from other programs for projects, programs or mitigation on behalf of the
Consortium or its Members.
(23) To hire or engage staff, attorneys and professionals to act as an
advocate and represent the interests of Consortium Members in the Federal
rulemaking process.
(24) To hire or engage staff, attorneys and professionals as an
advocate and to represent the interests of the Consortium and its Members before
Federal and State agencies and the Legislature.
(25) To do all acts and to exercise all of the powers necessary,
convenient, incidental, implied or proper in connection with any of the powers,
duties or purposes authorized by this Interlocal Agreement or the Act.
(B) In exercising the powers conferred by this Interlocal Agreement, the
Board shall act by resolution or other action approved at duly noticed and publicly
held meetings in conformance with applicable law.
15
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(C) The provisions of Chapter 120, Florida Statutes, shall not apply to the
Consortium.
(D) The Consortium shall be subject to the rs of the Consortium
Sunshine Law under Chapter 286, Florida Statutes. All record
shall be subject to the Public Records Law.
SECTION 4.02. ANNUAL BUDGET.
(A) Following the creation of the Consortium, the Board shall approve a
budget which shall provide for revenues and expenditures during the remainder of
the fiscal year in which it was formed. Such interim budget procedures shall be
utilized solely for the initial year of creation of the Consortium, after which the
budget shall be created pursuant to the remaining provisions of this section.
(B) Prior to October 1 of each year the Board will adopt an annual budget
for the Consortium. Such budget shall be prepared ith county time periods
s
required for the adoption of a tentative and final budget y g
under general law. The annual budget shall contain an estimate of receipts by
source and an itemized estimation of expenditures anticipated to be incurred to
meet the financial needs and obligations of the Consortium. The Manager shall
prepare the annual budget.
(C) The adopted budget shall be the operating fiscal
to guide for the
time amend
Consortium for the ensuing Fiscal Year. The Board may from time
the budget at any duly called regular or special meeting.
(D) The Consortium shall provide financial reports in such form and in
such manner as prescribed pursuant to this Interlocal Agreement and Chapter 218,
Florida Statutes.
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED.valorem
The Consortium shall not have the power to levy and assess
any property for any reason.
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4(
ARTICLE V
MISCELLANEOUS
SECTION 5.01. DELEGATION OF DUTY. Nothing contained herein
shall be deemed to authorize the delegation of any of the constitutional or statutory
duties of the State or the Consortium Members or any officers thereof.
SECTION 5.02. FILING. A copy of this Interlocal Agreement shall be
filed for record with the Clerk of the Circuit Court of Leon County, Florida, and
with the Clerk of the Circuit Court of any other County subsequently determined to
be the Consortium's principal place of business.
SECTION 5.03. IMMUNITY.
(A) All of the privileges and immunities from liability and exemptions
from laws, ordinances and rules which apply to the activity of officials, officers,
agents or employees of the Consortium Members shall apply to the officials,
officers, agents or employees of the Consortium when performing their respective
functions and duties under the provisions of this Interlocal Agreement.
(B) The Consortium and each Consortium Member shall be entitled to all
protections granted to them under Sections 768.28 and 163.01(9)(c), Florida
Statutes, other Florida Statutes and the common law governing sovereign
immunity. Pursuant to Section 163.01(5)(o), Florida Statutes, Consortium
Members may not be held jointly liable for the torts of the officers or employees of
the Consortium, or any other tort attributable to the Consortium, and that the
Consortium alone shall be liable for any torts attributable to it or for torts of is
officers, employees or agents, and then only to the extent of the waiver of
sovereign immunity or limitation of liability as specified in Section 768.28, Florida
Statutes. Nothing in this Interlocal Agreement shall be deemed to constitute a
waiver of sovereign immunity.
(C) The Consortium Members intend that the Consortium shall have all of
the privileges and immunities from liability and exemptions from laws, ordinances,
rules and common law which apply to the municipalities and counties of the State.
Nothing in this Interlocal Agreement is intended to inure to the benefit of any
third-party for the purpose of allowing any claim which would otherwise be barred
under the doctrine of sovereign immunity or by operation of law.
17
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SECTION 5.04. LIMITED LIABILITY. No Consortium Member shall
in any manner be obligated to pay any debts,tthe obligations Drectors or or liabilities
ny other arising agents,
result of any actions of the Consortium,
employees, officers or officials of the Consortium, except to the extent otherwise
mutually agreed upon by that Member, and neither the the have any
or any other agents, employees, officers or officials of the
authority or power to otherwise obligate any individual Consortium Member in any
manner.
SECTION 5.05. AMENDMENTS. This Interlocal Agreement may be
amended in writing at any time by the concurrence of all of the Directors present at
a duly called meeting of the Consortium and subsequent hs Inter local ratification Agreement
the
governing body of each Consortium embnr•
may not be amended so as to (A) permit any profits of the Consortium to inure to
the benefit of any private person, or (B) permit the diversion application
thnn of any
those
of the moneys or other assets of the Consortium for any purposes
specified herein.
SECTION 5.06. SEVERABILITY. In the event that any d provision of this
or
Interlocal Agreement shall, for any reason, be determined , the other
unenforceable in any respect by a court of competent jurisdiction,
provisions of this Interlocal Agreement shall remain in full force and effect.
SECTION 5.07. CONTROLLING LAW. This Interlocal Agreement
shall be construed and governed by Florida law.
SECTION 5.08. EFFECTIVE DATE. This Interlocal Agreement shall
become effective on the later of (A) the dated date hereof, or (B) the date the last
initial Consortium Member executes this Interlocal Agreement and the filing
requirements of Section 5.02 hereof are satisfied.
18
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FAe Federal Action Strike Team
Wednesday, September 19, 2012
FLORIDA, 9:00 a.m. to 10:00 a.m.
COUNTIES Meeting Room: South Terrace
All About Florida
Co-Chairs Co-Chairs
Grover Robinson, Escambia County Sally Heyman, Miami-Dade County
AGENDA
• OPENING COMMENTS AND INTRODUCTIONS
o Chair, Commissioner Grover Robinson
o Chair, Commissioner Sally Heyman
• MAP 21 — FEDERAL SURFACE TRANSPORTATION PROGRAM
o David Lee, Florida Department of Transportation
• OIL POLUTION ACT 90 (OPA 90) — FAC ISSUE PAPER
o Eric Poole, FAC Staff
• FAC FEDERAL LOBBYING ACTIVITIES - ISSUES FOR MOVING
FORWARD
o Grover Robinson
o Eric Poole
• OTHER BUSINESS
• CLOSING COMMENTS
Loews Don CeSar Hotel • Pinellas County
Updated 9/13/12
LJ
,4449/t0V
Issue Paper
Strengthening the Role of Local Governments in Response Act of Oil Spill
SOFA 90)
Disasters: Considerations for Changes to the Oil Pollution
•
Background Brief
The explosion and subsequent oil spill of the Deepwater Horizon oil platform in the Gulf
of Mexico on April 20, 2010 set in motion a series of federal response actions that have
been well documented. The Oil Pollution Act of 1990 (OPA, Pl. response 0 and the to the spill,Clean
Water Act (CWA)were the primary federal statutes governing
while the National Oil and Hazardous Substances Pollution Plan (National
Contingency Plan or NCP) served as the operative respon se framework for
agencies to follow.
Unlike a natural or other manmade disaster where local response decisions are made
autonomously and supported by state and federal assistance, the response
Deepwater Horizon oil spill.took local governments by surprise. Not only did the
response process minimize local authority but it had the effect of supplanting local
governments' ability to make response decisions. For example, lo that,governments nments
opted to deploy emergency protective measures, they ere advised
approved by the Unified Command, such measures may not be reimbursed by the
responsible party. In fact, almost any decision considered by local governments to
mitigate oil impacts in their community was ultimately not theirs to make. Rather, with
the Unified Command dictating what type of resources to deploy and where to deploy
them, most local governments were relegated to mere advisers to outside decision
makers.
This top-down response framework is the antithesis of what counties train for and
udes
operate under during other emergencies. A locally-driven because events hmpactllocal
support from other levels of government, is successful
emergency managers and their jurisdictions long before anyone else involved.
Unfortunately, in the chaos that followed the disaster, the response activities of the Coast
Guard and BP took center stage, while subsequent Congressional e ult was that the calls
at environmental and economic impacts of the Gulf region. The
from local governments to change the response and recovery process went largely
unnoticed.
•
Today, with more than two years of hindsight and numerous government reports about
the oil spill, few mention the role local governments played during the e
other response models would have been more effective; or, whether modifications to
OPA 90 and the NCP could lead to a more effective response in the future.
1
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Accordingly, the purpose of this paper is to:
• Highlight some of the deficiencies of OPA 90 and the NCP as they relate to the
role of counties during the Deepwater Horizon oil response;
• Contrast the response processes of the National Response Framework with those
of OPA 90 and the NCP; and,
• Identify potential changes to OPA 90 and the NCP that would provide for a more
effective local decision making role in similar oil disasters in the future.
Issues and Constraints
Among the dozen or so federal reports addressing the Deepwater Horizon oil spill, none
provides a sufficient review or assessment of the local government response role.
However, a review of documents published in Florida sheds some light on the issue.
Specifically, in the months following the oil spill, the Florida House of Representatives
and the Florida Division of Emergency Management(FDEM) each published reports
capturing some of the concerns and issues voiced by local governments. The Florida
House report also made an effort to examine the dichotomy between the response
structure of the NCP and the National Response Framework (NRF) and questioned
whether the two were sufficiently integrated. A summary of the major response
constraints are provided below.
• OPA 90 - General
- Perhaps the most succinct conclusion regarding the shortcomings of the
response under the NCP framework was made by the Florida Division of
Emergency Management(FDEM) in its "After Action" Report of the disaster. In
brief, the agency states that OPA 90 was designed for more localized oil spills,
where a response dictated by the U.S. Coast Guard works effectively.
However, the Deepwater Horizon oil spill was of such magnitude that it
exceeded the response assumptions inherent in the NCP. This proved
particularly problematic when response actions had to cross jurisdictional
boundaries.
- Compounding this shortcoming, according to the Florida House report, is that
under NCP protocols, all operational response actions were directed by the
U.S Coast Guard and BP as the Responsible Party(RP), which meant that
impacted counties had no control over response resources.
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• Response Structure
• - Due to the protocols of the NCP, counties were advised not to use their own
resources for response and recovery activities without prior approval of the
Unified Command, which was located outside the State of Florida. This
created situations where counties had oil impacting their beaches but were
advised not to take measures to remove it, even when local resources were
readily available. What was particularly unfortunate was that such decisions
were made at the height of the tourism season in the Florida panhandle,
forcing visitors to avoid these otherwise valued destination sites.
- The recovery and clean-up process was further confusing and unclear for
•
counties, as they were often unsure when clean-up activities would actually
take place by BP contractors.
- Under OPA, all vessels and facilities are required to develop an oil response
• plan that identifies how the owner or operator of a vessel or facility would
respond to a worst-case scenario spill. According to the Florida House report,
one of factors that contributed to the decision that the USCG and BP assume
control of the response effort, instead of individual state and local
governments, was that there were not enough response resources such as
boom and skimmers to cover the entire Gulf area. However, county
governments, on their own, were often able to find sufficient resources that
could have been deployed to protect and/or clean their shorelines. Those
resources were deployed only in rare circumstances and only after extensive
negotiations with the Unified Command and BP.
Communication
- In other disasters typically seen in Florida, local governments are fully involved
and engaged in the response efforts of their jurisdiction and clear
communication between different levels of government is critical. During the
outset of the spill, information flow to locals was difficult and command/control
• decisions were not centered at the local level, as would be for a hurricane type
event.
- The NCP protocols were slow to respond to local government calls for the
Unified Command to decentralize its decision making process, which
eventually led to establishing USCG branch offices in Florida dedicated to
providing a more rapid response effort.
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• Area Contingency Plans (ACP)—
- Most counties were unaware of the NCP or the ACP response strategy for
their respective communities.
- The ACP provided a good.starting point for protection strategies; however, it
was insufficient to cope with a spill of this magnitude hundreds of miles away;
- Counties were generally unaware of prior planning activities and demanded
protection beyond that planned by the ACP
- The lack of a comprehensive booming plan and a vulnerable resource list
hampered the initial response
- There was a lack of communication from the Unified Command to the counties
regarding initial booming plans, which caused counties to begin requesting
separate supplemental protection.
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Guiding Principles and Recommended Improvements to OPA 90
Guiding Principles
Given the complexity of the Deepwater Horizon Oil Spill and the overlapping response
protocols of the NCP and NRF, identifying specific improvements to ensure a more
effective response in the future is challenging. However, based on the issues identified,
FAC (NACO) recommends the following guidance principles be considered for any future
changes to OPA 90.
• Local governments must maintain control over protective action decisions that are
made for their jurisdictions, while the responsible party, state, and federal
response officials must respect and be responsive to those local decisions.
• The Federal response system.must better align with the processes and systems
used for other emergencies and disasters.
• All incidents should follow the Stafford Act model, which ensures there is a trained
federal coordinating officer to support state and local needs.
• Response to all disasters, regardless of size or complexity, should fall under the
NRF as it relates to the National Incident Management System (NIMS).
• If the NCP governs, then local governments must have an equal voice in
prioritizing and allocating scarce resources under the NCP.
Recommended Improvements
In addition to the Guiding Principles listed above, FAC (NACO) recommends
consideration of following near-term improvements.
• Congress should revise the NCP or Unified Command Structure to require local
branch Incident Command offices be established when a large spill occurs that
impacts or threatens to impact multiple state and local government jurisdictions.
• The USCG should reassess the current ACPs to ensure they are adequate for
responding to any future oil spills, including oil spills similar to the Deepwater
Horizon Incident.
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• In developing new ACPs, the USCG should ensure that local governments are
involved and have input in the development process and that these are reviewed
with local governments at least annually.
• The federal government and companies producing oil and gas in the Gulf of
Mexico should ensure there are adequate boom and skimmers in the Gulf region
to respond to an oil spill like the Deepwater Horizon.
•
• The USCG should review the role of the responsible party during large spills and
examine ways to streamline the approval process for response activities so they
can occur quickly, allowing local governments to rapidly deploy their own
resources without concern for reimbursement.
•
Sources consulted:
Deepwater Horizon Response After Action Report. Florida Division of Emergency Management(March 2, 2011)
Final Report—Deepwater Horizon Workgroup 1. Florida House of Representatives(August 31,2010)
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