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Resolution 2018-30580 RESOLUTION NO. 2018-30580 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY URGING GOVERNOR RICK SCOTT AND THE FLORIDA LEGISLATURE TO TAKE IMMEDIATE ACTIONS TO ADDRESS AND ERADICATE THE DANGEROUS EFFECTS RESULTING FROM RED TIDE AND ALGAE BLOOMS THAT ADVERSELY AFFECT FLORIDA RESIDENTS AND TOURISTS; TO IMMEDIATELY RESTORE FUNDING DEDICATED TO THE RESEARCH AND ERADICATION OF RED TIDES AND ALGAE BLOOMS; TO ENACT LEGISLATION AND POLICIES THAT ENCOURAGE THE PRODUCTION AND USE OF RENEWABLE ENERGY; TO PERMIT LOCAL GOVERNMENTS TO EXERCISE THEIR HOME RULE AUTHORITY WITH REGARD TO ENACTING LAWS TO PROMOTE RENEWABLE ENERGY; AND, TO ADOPT AND IMPLEMENT POLICIES AND LEGISLATION TO REDUCE GREENHOUSE GASES THAT CONTRIBUTE TO ENVIRONMENTAL DISASTERS, SUCH AS RED TIDE AND ALGAE BLOOMS. WHEREAS, throughout the summer, the normally blue waters off the coast of Florida turned brown, red, and green, killing wildlife and harming the health of Florida residents and visitors due to two types of harmful algae, and these conditions are exacerbated by corporate polluters and state inaction; and WHEREAS, one of these types of harmful algae is naturally occurring and is called the "red tide." In Florida, red tide is caused by a dinoflagellate, or marine microorganism called Karenia brevis ("K. brevis"). When conditions are right, K. brevis "blooms" along Florida's coasts. Florida's red tide can be found in bays and estuaries, but not in freshwater systems such as lakes and rivers. Because K. brevis cannot tolerate low-salinity waters for very long, blooms usually remain in salty coastal waters; and WHEREAS, adding to the harmful algae blooms along Florida's coast are the human-made algae blooms caused by high nutrient waters flowing from inland sources and carrying inland pollution and harmful algae to the coast. Pollution, such as fertilizer from inland sources, is either washed or diverted into the ocean where it fuels algae blooms. These harmful algae cause a green, sludge-like bloom along the coast and can also be naturally occurring. But, in this case, unchecked pollution has disrupted the natural processes that keep this type of algae at normal, safe levels; and WHEREAS, the combination of the naturally occurring red tide events with the ever-increasing problem of nitrification caused by pollution led to the catastrophic events that harmed wildlife and coastal communities in Florida all summer; and WHEREAS, the causes of red tides must be promptly and effectively addressed because the microorganisms emit brevetoxins which, when as they are transferred through the food chain, can paralyze fish and cause marine mammals like manatees and dolphins, as well as sea turtles, to become sick or die. Humans also suffer when the toxins get blown into the air, constricting the lungs' bronchioles and sending people with asthma and other health issues to emergency rooms with coughs and shortness of breath. Even algae blooms that do not release toxins can harm wildlife by depleting oxygen from coastal waters, causing massive fish kills in numbers too vast to count; and WHEREAS, the news reports and photos of the massive red tide this summer in southwest Florida are absolutely heartbreaking. We have never seen a red tide event as severe as the one that occurred this summer with such far-reaching and appalling fish kills. News accounts have reported massive, 200-pound (and larger) goliath groupers washing up on beaches in Longboat Key and on Sanibel Island. Over 300 sea turtles, 100 manatees, and a dozen dolphins have also been killed, as well as a young whale shark. Experts have seen, firsthand, hundreds of inshore and offshore fish of varying species floating at the mouth of Tampa Bay and piled up on beaches as far south as Naples; and WHEREAS, the algae bloom keeps spreading further and further around the coast of the State. Dead fish are washing up regularly, even as far north as Pinellas County, and scientists are detecting elevated concentrations of the red tide-causing microorganism up to Madeira Beach— meaning that this red tide event is spanning six Florida counties and covering over 100 miles of shoreline, with a reach offshore of at least 40 miles. An area off of Florida shores approximately as large as the entire state of Connecticut is teeming with harmful red tide, killing marine creatures and spoiling the Florida coast; and WHEREAS, recently, Miami-Dade County was forced to close beaches north of the Haulover Inlet after lab tests confirmed the presence of red tide in ocean waters, which traveled from Gulf waters to the Atlantic Coast, spreading an environmental and tourism crisis to more parts of Florida; and WHEREAS, coastal communities are being harmed by the inaction of the Governor and the Florida Legislature. The severity of the red tide and its impacts on fish and wildlife are also affecting our economy in Florida. Hotels and restaurants depend on clean air and water to bring visitors to their businesses, and the health concerns created by harmful algae blooms are keeping people away; and WHEREAS, according to available budget data, State funding for research into the harmful algae blooms, including this year's toxic red tide, has fallen since Governor Rick Scott took office in 2011. The State budgeted an average of $2.5 million for a line item on red tide research from fiscal years 2007-08 to 2010-11 under then Governor Charlie Crist, and only $801,241 per year for the same line item between fiscal years 2011-12 and 2018-19 under Governor Scott; and WHEREAS, as people who love the ocean and the beach, as well as being elected governmental representatives of those people, the Miami Beach City Commission cannot ignore the serious harms posed by the red tide and the algae blooms on our environment, citizens, and wildlife. Florida residents are raising concerns all around the State, asking for action from our elected State officials. Although this year's blooms were especially bad, worsening harmful algae blooms can be expected in the future. Places like the Indian River Lagoon, Fort Myers, and Florida's Treasure Coast—to name a few—have frequent harmful algae blooms; and WHEREAS, greenhouse gases are causing our atmosphere to heat, melting ice sheets that increase the ocean's volume and warmer seas lead to expanding waters. The increased temperatures of nearshore ocean water caused by climate change could lead to the increased growth of harmful microorganisms, including toxic algae blooms, bacteria, and other pathogens. In addition, fertilizer runoff (from lawns and agriculture) and septic tank seepage put pressure on Florida's ecosystem. Floridians want change and a commitment from the State that clean water is a priority; and WHEREAS, renewable energy is one solution to the problems that have caused the unprecedented rise in sea temperature over time, and the attendant rise in sea-level that Florida and the City of Miami Beach will continue to experience. The State of Florida should be taking the lead to encourage the development of renewable energy sources but, instead, the State has failed to act; and WHEREAS, in particular, the State has failed to implement a Renewable Energy Standard; failed to adopt an Aggregate Net Metering (or Virtual Net Metering) that would allow customers unable to install solar energy systems on their own property to purchase solar energy from an off-site system; failed to enact feed-in tariffs that would guarantee a long-term contract for renewable energy producers to sell electricity generated back to the grid at a fixed price over a set time period; failed to allow Community Choice Aggregation that would allow municipalities to aggregate electricity demand within their jurisdictions in order to procure alternative energy supplies while maintaining the existing electricity provider for transmission and distribution services; failed to allow Power Purchase Agreements that would enable third parties to install solar systems on host customers' property and sell them the electricity generated by the system; failed to enact a policy of electric decoupling that would remove the incentive of Florida Power & Light (FPL) to promote electric energy sales; and failed to allow retail competition among energy producers that would allow competition by renewable energy producers; and WHEREAS, the City of Miami Beach has, for many years, supported energy solutions to solve the environmental problems caused by fossil fuel energy sources. As far back,as the year 2000, the City Commission passed a Resolution urging Florida Governor Jeb Bush to instruct all relevant agencies to develop a Global Warming Action Plan. In 2007, the City Commission endorsed the U.S. Conference of Mayors Climate Protection Agreement, setting as goals of the City of Miami Beach the adoption of policies and programs that implement actions that strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution; and WHEREAS, in 2017, the City Commission opposed President Donald J. Trump's withdrawal of the United States from the Paris Climate Agreement; honored and upheld the City's commitment to the policies, goals, and standards set forth in the Paris Climate Agreement; reaffirmed the City's role • as a global urban leader in efforts to reduce greenhouse gas emissions, to mitigate the impacts of human activities that contribute to climate change, and to enhance resiliency; and respectfully urged Governor Rick Scott and the Florida Legislature to join the growing list of states seeking to meet or exceed the goals of the Paris Climate Agreement; and WHEREAS, most recently, in 2018, the City passed a Resolution supporting, in concept, solar purchasing co-ops. The City has enacted many more policies and resolutions during that time that support and provide incentives for the development of the renewable energy market; and WHEREAS, local governments can and should be a part of the solution, but the State of Florida has tied our hands with state preemption laws. The State controls most aspects of the utilities' rates and services, including incentives for renewable energy. Cities can participate by commenting on State regulatory proceedings, but do not have direct control over utility policies. With the proper exercise of our constitutional home rule authority, local governments could take an active role in solving the environmental problems that face the City and the State. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby strongly urge Governor Rick Scott and the Florida Legislature to take immediate actions to address and eradicate the dangerous effects resulting from red tides and algae blooms that adversely affect Florida residents and tourists; to immediately restore funding dedicated to the research and eradication of red tides and algae blooms; to enact legislation and policies that encourage the production and use of renewable energy; to permit the proper exercise of local governments to exercise their home rule authority with regard to enacting laws to promote renewable energy; and, to adopt and implement policies and legislation to reduce greenhouse gases that contribute to environmental disasters such as red tides and algae blooms. PASSED AND ADOPTED this fl day of Oc,-i-obe`, 2018. ATTEST: Dan Gelber, Mayor I23Itr Rafael E. Granado, City Clerk .gh. " "I (Sponsored by Commissioner Kristen Rosen Gonzalez) =4- 01 (Co-sponsored by Commissioner Michael Gongora) INCpRp PRATED= �'" 6\a 1. 1hh,`` 2 6 uwal. • APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION „ - /1 - (s. City Attorney Da t'