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Resolution 2021-31623 RESOLUTION NO. 2021-31623 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 856, AND ITS RELATED BILL, HOUSE BILL 839, BOTH OF WHICH SEEK TO PREEMPT LOCAL GOVERNMENT REGULATION OF ENERGY INFRASTRUCTURE; AND DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE PRESIDENT OF THE FLORIDA SENATE AND THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES. WHEREAS, Senate Bill ("SB") 856, and its related bill, House Bill ("HB") 839, have been filed for considerationduring the 2021 Florida Legislative Session; and WHEREAS, SB 856 seeks to preempt local government regulation of energy infrastructure which is defined as any infrastructure "used to support the production, import, storage, and distribution of natural gas; petroleum; petroleum products; electricity; biomass; renewable fuels; hydrogen; or solar, wind, or geothermal energy"; and WHEREAS, SB 856 would also grant authority related to energy infrastructure to the State and prevents local governments from implementing any law, ordinance, regulation, policy or resolution that prohibits, restricts, or requires, or has the effect of prohibiting, restricting or requiring, the construction of new or the expansion, upgrading, or repair of existing energy infrastructure, or from imposing requirements more stringent than the State law; and WHEREAS, SB 856 may prevent local governments from the developing local land-use and zoning policies pertaining to where energy infrastructure is sited, including fossil fuel production, processing, transmission, and distribution facilities; and WHEREAS, SB 856 may prevent local governments from enacting and implementing climate action plans or other policies that include requirements or mandates; and WHEREAS, SB 856 may prevent local governments from enacting and implementing clean energy policies like 100% clean energy goals or renewable energy requirements; determining and establishing building energy codes including provisions to mandate all-electric new construction; controlling permitting for a number of clean technologies (e.g. solar, energy storage, EV supply equipment, and electric heat pumps); and from developing energy production and/ or storage facilities (e.g., solar, energy storage, electric vehicle supply equipment), even on property owned and controlled by local governments; and WHEREAS, SB 856 would also void any prior local policy, ordinance, or resolution in confliction with the proposed legislation; and WHEREAS, according to the U.S. Energy Information Administration, about 75% of total U.S. greenhouse gas ("GHG") emissions are caused from fuel combustion for the production of energy; and WHEREAS, cities and urban areas are in a unique position to combat climate change, because cities and urban areas are responsible for producing 70% of GHG emissions worldwide; and WHEREAS, the City of Miami Beach is an urban leader in addressing and responding to the actual and measurable impacts of climate change, and has amended building and land development codes to increase resiliency standards, including without limitation (i) increased open space, and landscape requirements, (ii) new electric vehicle parking requirements, and (iii) a groundbreaking requirement that new construction larger than 7, 000 square feet and ground floor additions larger than 10,000 square feet must meet applicable LEED or International Living Future Institute standards, or pay a sustainability fee; and WHEREAS, the City of Miami Beach has already taken steps to aggressively address climate change and renewable energy, and to reduce our community' s carbon emissions, by completing an annual citywide and government operations GHG emissions inventory, streamlining the permitting process for solar installations, and providing a PACE Program for residents and businesses; and WHEREAS, the City's annual GHG inventory demonstrates that the majority of emissions community wide and in government operations are a result of energy consumption; and WHEREAS, the City is currently developing a climate action plan which includes setting GHG emissions reduction targets; and WHEREAS, SB 856 can have detrimental effect on Florida's GHG emissions reduction work, and consequently, affect the country's and Miami Beach's ability to significantly mitigate towards climate change; and WHEREAS, as such, the Mayor and City Commission declare their strong opposition to SB 856 and HB 839, and any substitute or similar legislation that seek to preempt local government regulation of energy infrastructure. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby strongly oppose Senate Bill 856, and its related bill, HB 839, both of which seek to preempt local government regulation of energy infrastructure; and direct the City Clerk to transmit this Resolution to the speaker of the Florida House of Representatives and the President of the Florida Senate. PASSED AND ADOPTED this 17 day of March, 2021. eN, -4411111. ATTEST: s`: _ ���so =? Dan Gelber, Mayor 12%4 cr) :INCORF ORATED: i Rafael . Granado, City Clerk ' • '� r4Cf��� APPROVED AS TO FORM & LANGUAGE (Sponsored by Vice-Mayor Michael Gongora) & FOR EXECUTION 0r-5- 3 - 9 --2) City Attorney Date Resolutions -C7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: March 17, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 856, AND ITS RELATED BILL, HOUSE BILL 839, BOTH OF WHICH SEEK TO PREEMPT LOCAL GOVERNMENT REGULATION OF ENERGY INFRASTRUCTURE; AND DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE PRESIDENT OF THE FLORIDA SENATE and THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES. RECOMMENDATION The Administration recommends adoption of the Resolution. BACKGROUND/HISTORY The City of Miami Beach has passed multiple resolutions and ordinances with the goal to reduce energy use. These include: • Electric Vehicle Parking Ordinance (January 13, 2016)— Requires all new construction to provide the electrical infrastructure for at least level 2 charging stations. • Sustainability and Resiliency Ordinance (February 10, 2016) — Requires all new construction over 7,000 square feet to acquire Leadership in Energy and Environmental Design (LEED) Gold or Living Building Challenge certification. • Property Assessed Clean Energy Ordinance (June 8, 2016) - Establishes the P.A.C.E. program and authorizing the City to join the Clean Energy Green Corridor Program. • Sierra Club's #readyfor100 Campaign Resolution (May 17, 2017)— Supports joining 100 cities across the United States to set a target of 100% clean energy and urging the 2017 U.S. Conference of Mayors'participants to commit to 100% renewable energy. • Sustainable Roofing Systems & Renewable Energy Systems Ordinance (September 25, 2017) - Waives fees charged related to Land Use Board approval of sustainable roofing systems and renewable energy systems. • Photovoltaic Building Permit Fees Ordinance (December 13, 2017) — Waives fees for photovoltaic building permit fees. • Urban Heat Island Ordinance (March 19, 2019)— Requires measures to reduce the heat island effect, such as requiring all new construction to have sustainable roofs. ANALYSIS Page 327 of 2284 The City of Miami Beach has been taking steps to aggressively address climate change, expand renewable energy adoption and reduce the community's carbon emissions. The City is an urban leader in undertaking and responding to the actual and measurable impacts of climate change by amending building and land development codes to increase resiliency standards. The City's Code provides incentives to renewable energy; supports the extension of the City's electric vehicles (EV)changing stations network; and requires a new generation of more energy efficient,water efficient and sustainable buildings, that decreases the urban heat island effect. In addition, the City has completed annual citywide and government operations regarding GHG emissions inventories; streamlined the permitting process for solar and EV charging stations installations; and provided a Property Assessed Clean Energy (PACE) Program for residents and businesses to assist financing for energy efficient retrofits, as well as the installation of solar panels. Senate Bill 856 preempts local government regulation of energy infrastructure which is defined as any infrastructure "used to support the production, import, storage, and distribution of natural gas;petroleum;petroleum products; electricity; biomass;renewable fuels;hydrogen; or solar, wind, or geothermal energy'. On January 29, 2021, the Bill was filed. On February 18, 2021, it was referred to the Environment, Agriculture & Flooding Subcommittee; Tourism, Infrastructure & Energy Subcommittee; and State Affairs Committee. If enacted, Senate Bill 856 grants authority related to energy infrastructure to the State and prevents local governments from implementing any law, ordinance, regulation, policy or resolution that prohibits, restricts, or requires, or has the effect of prohibiting, restricting or requiring, the construction of new or the expansion, upgrading, or repair of existing energy infrastructure; or from imposing requirements more stringent than the State law. Furthermore, this Bill would void any prior local policy, ordinance, or resolution in violation. Therefore,this Bill may prevent local governments from the following: • developing local land-use and zoning policies pertaining to where energy infrastructure is sited, including fossil fuel production, processing, transmission, and distribution facilities • enacting and implementing climate action plans or other policies that include requirements or mandates • enacting and implementing clean energy policies like 100% clean energy goals or renewable energy requirements; determining and establishing building energy codes including provisions to mandate all-electric new construction • controlling permitting for a number of clean technologies (e.g. solar, energy storage, EV supply equipment, and electric heat pumps) • developing energy production and/or storage facilities (e.g., solar, energy storage, electric vehicle supply equipment), even on property owned and controlled by local governments This Bill can have detrimental effect on Florida's GHG emissions reduction work, and consequently, affect the Country and Miami Beach's ability to significantly improve energy efficiency, support renewable energy and mitigate towards climate change. Page 328 of 2284 SUPPORTING SURVEY DATA Less than half of Miami Beach residents are satisfied with the City's efforts to be a green or sustainable city. Reducing greenhouse gas (GHG) emissions is an important step to increasing satisfaction. CONCLUSION The Administration recommends adoption of the Resolution. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Environment& Infrastructure- Reduce greenhouse gas emissions and heat. Legislative Tracking Environment and Sustainability Sponsor Vice-Mayor Michael Gongora ATTACHMENTS: Description a Resolution Page 329 of 2284 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Office of the City Clerk Tel:305-673-7411 March 17, 2021 Senate President Wilton Simpson 409 The Capitol 404 S. Monroe Street Tallahassee, FL 32399 Dear Senate President Simpson, Attached please find a copy of City of Miami Beach Resolution No. 2021-31623: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 856, AND ITS RELATED BILL, HOUSE BILL 839, BOTH OF WHICH SEEK TO PREEMPT LOCAL GOVERNMENT REGULATION OF ENERGY INFRASTRUCTURE; AND DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE PRESIDENT OF THE FLORIDA SENATE AND THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES. (Sponsored by Vice-Mayor Michael Gongora) This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on March 17, 2021. Respectfully, Rafael E. Granado City Clerk c: Vice-Mayor Michael Gongora MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Office of the City Clerk Tel:305-673-7411 March 17, 2021 Speaker of the House Chris Sprowls 420 The Capitol 402 South Monroe Street Tallahassee, FL 32399 Dear Speaker of the House Sprowls, Attached please find a copy of City of Miami Beach Resolution No. 2021-31623: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 856, AND ITS RELATED BILL, HOUSE BILL 839, BOTH OF WHICH SEEK TO PREEMPT LOCAL GOVERNMENT REGULATION OF ENERGY INFRASTRUCTURE; AND DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE PRESIDENT OF THE FLORIDA SENATE AND THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES. (Sponsored by Vice-Mayor Michael GOngora) This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on March 17, 2021. Respectfully, Rafael E. Granado City Clerk c: Vice-Mayor Michael GOngora