Proposed bill backs RYAM's bioethanol project

RYAM executives huddled up and found a Florida Senator willing to sponsor a

blatant “end run” around Fernandina Beach citizens’ rights for local self-determination.

Time is of the essence, but we can block this run. See how at the bottom of this article.

Two decades ago, Fernandinians determined that our vision for the City’s growth

did not involve any additional chemical manufacturing or refining, or any other new

industry that potentially generates harmful environmental and nuisance impacts. On

February 4, our City Manager determined RYAM’s proposed ethanol plant to be

prohibited because it is inconsistent with that vision as expressed in our Comprehensive

Plan and Land Development Code.

RYAM could have asked the City’s Board of Adjustment to review City Manager

Campbell’s decision and make any adjustments the Board determined appropriate.

Rather than take this appeal, RYAM went directly to the legal system and asked the

Court to strip the City from all ability to deny approval based on the project being

“chemical manufacturing” or being inconsistent with our Comprehensive Plan. That

court case is still pending, but late last week RYAM played another card drawn from its

sleeve of tricks.

On Friday, March 14, an amendment to Florida Senate Bill 1118 was introduced

that defines ethanol production from plants as fermentation, distillation and drying -- not

chemical manufacturing or chemical refining. Any doubt at all that this amendment is

aimed squarely at invalidating Ms. Campbell’s ruling is removed by language stating

that the amendment is “remedial and clarifying in nature and applies retroactively to any

law, regulation, or ordinance or any interpretation thereof.” Ms. Campbell’s letter was a

formal “written interpretation” of our Comprehensive Plan.

The Senator quarterbacking this bill is Senator Stan McClain. When not sitting in

the Senate, Stan McClain is the Executive Officer of the Marion County Building

Industry Association and a State Certified Residential Contractor. The Senate Bill he is

sponsoring is itself a brazen self-serving attack on local powers to regulate

development. For parcels of qualifying agricultural land -- land ripe for development -- it

invalidates, and strips away existing local planning and zoning provisions aimed at

shaping the vision local citizens have for development in their communities. Just as

RYAM dropped its application on the city right before Christmas, Senator McClain

added the language supporting RYAM’s ethanol project last Friday just prior to a

scheduled St. Patrick Day vote by the Committee on Community Affairs on the bill.

Crafty last-minute legislative amendments designed to limit public dialogue

threaten our democratic foundations. That threat is amplified tremendously when the

purpose of the amendment is a targeted attack on the collective will of citizens. The

ethanol language in SB 1118 is precisely that, an attack on our collective will, as

expressed and codified in our Comprehensive Plan, and as enforced by our City

Manager. We cannot let this stand.

Block Senate Bill 1118

Call the eight state senators on the Community Affairs Committee on Monday, March

17, to express your concerns. They are schedule to vote on Senate Bill 1118 tomorrow

at 4 pm.

Tell them (or leave a voicemail):

● You are opposed to Bill 1118

● Paragraph #5 regarding Production of Ethanol needs to be removed

● You expect the senate to respect local control of zoning issues

Senate Community Affair Members and Contact Information

Senator Stan McClain (R)– 850-487-5009

Senator Randy Fine (R) 850-487-5019

Senator Shervin Jones (D) 850-487-5034

Senator Thomas Leek (R ) 850-487-5007

Senator Kathleen Passidomo (R ) 850-487-5028

Senator Jason Pizzo (D) 850-487-5037

Senator Barbara Sharief (D) 850-487-5035

Senator Jay Trumbull (R ) 850-487-5002

-- John Hart