2017-29738 Reso RESOLUTION NO. 2017-29738
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THAT
THE GOVERNOR OF FLORIDA APPLY FOR AND ADMINISTER
FUNDING FROM THE VOLKSWAGEN ENVIRONMENTAL
MITIGATION TRUST, CREATED PURSUANT TO A PARTIAL
CONSENT DECREE BETWEEN VOLKSWAGEN AND THE U.S.
ENVIRONMENTAL PROTECTION AGENCY ("EPA"), WHICH
DECREE WAS NEGOTIATED IN ORDER TO SETTLE THE
VOLKSWAGEN "CLEAN DIESEL" MARKETING, SALES
PRACTICES, AND PRODUCTS LIABILITY LITIGATION; AND
PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION TO
THE OFFICE OF THE GOVERNOR OF FLORIDA.
WHEREAS, cities and urban areas are responsible for producing 70% of greenhouse
gas ("GHG") emissions worldwide; and
WHEREAS, by taking positive steps to reduce GHG emissions, cities can improve their
quality of life, enhance their economic prosperity, and protect the livability of our cities; and
WHEREAS, the City of Miami Beach has endorsed the pledge in the Compact of Mayors
to reduce city-level GHG emissions, to track progress, and to enhance resilience; and
WHEREAS, in an effort to reduce GHG emissions and petroleum use, it is important to
promote the use of clean, alternative fuel technology through zero-emission vehicle deployment
projects, including investment in green vehicle technology and charging stations; and
WHEREAS, in October 2016, the United States District Court for the Northern District of
California approved a $14.7 billion settlement between the U.S. Justice Department, Federal
Trade Commission, the State of California, a class of vehicle owners, and Volkswagen ("VW),
in order to settle litigation arising out of VW's violations of the Clean Air Act; and
WHEREAS, the $14.7 billion settlement requires VW to contribute $4.7 billion to mitigate
vehicle pollution and invest in green vehicle technology; and
WHEREAS, a portion of the $4.7 billion includes $2.7 billion which will be placed in an
Environmental Mitigation Trust ("Trust") and allocated to beneficiaries (states, tribes, and certain
territories) based on the number of impacted VW vehicles in the respective jurisdictions; and
WHEREAS, the Trust will support projects that reduce nitrogen oxide ("NOx") emissions
in areas where the impacted VW vehicles were, are, or will be operated; and
WHEREAS, Florida's share of the Trust is approximately $152,379,150.00, based on the
estimated number of impacted VW vehicles purchased in Florida between 2009 and 2016; and
WHEREAS, each eligible state must file a single Certification Form to become a
beneficiary of the funds no later than 60 days after the effective date of the Trust, and each
Certification Form must include a designation of Lead Agency, certified by the Office of the
Governor, indicating which agency, department, office or division will have the delegated
authority to act on behalf of each state; and
WHEREAS, only states with an approved beneficiary will be eligible for their portion of
the Trust funds; and
WHEREAS, states are required to file for beneficiary status by the deadline of
approximately February 15, 2017.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Mayor and City Commission hereby request that the Governor of Florida
apply for and administer funding from the Volkswagen Environmental Mitigation Trust, created
pursuant to a partial consent decree between Volkswagen and the U.S. Environmental
Protection Agency ("EPA"), which was negotiated in order to settle the Volkswagen "Clean
Diesel" Marketing, Sales Practices and Products Liability Litigation.
Section 2. The City Clerk is hereby directed to transmit an executed copy of this
Resolution to the Office of Florida Governor Rick Scott.
Section 3. Effective Date. This Resolution shall be effective immediately upon its
passage.
PASSED AND ADOPTED this y day of 1 brupry , 2017.
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F:\ATTO\KALN\RESOLUTIONS\VW Clean Diesel Litigation-Environmental Mitigation Trust Reso.docx
Resolutions -C7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 8, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REQUESTING THAT THE GOVERNOR OF FLORIDA
APPLY FOR AND ADMINISTER FUNDING FROM THE VOLKSWAGEN
ENVIRONMENTAL MITIGATION TRUST, CREATED PURSUANT TO A PARTIAL
CONSENT DECREE BETWEEN VOLKSWAGEN AND THE U.S.
ENVIRONMENTAL PROTECTION AGENCY ("EPA"), WHICH DECREE WAS
NEGOTIATED IN ORDER TO SETTLE THE VOLKSWAGEN "CLEAN DIESEL"
MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION;
AND PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION TO THE OFFICE
OF THE GOVERNOR OF FLORIDA.
Legislative Tracking
Environment& Sustainability
ATTACHMENTS:
Description
❑ Memo WV
❑ AttachmentB_WV_
❑ Resolution
Page 483 of 873
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
..r
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Jimmy L. Morales
DATE: February 8, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REQUESTING THE GOVERNOR OF FLORIDA TO
APPLY FOR AND ADMINISTER FUNDS ASSOCIATED WITH THE PARTIAL
CONSENT DECREE IN THE CASE OF VOLKSWAGEN "CLEAN DIESEL"
MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION;
PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE
BACKGROUND
In October 2016, the U.S. government granted final approval of a $14.7 billion settlement
against Volkswagen (VW) for violation of the Clean Air Act. As part of the settlement, VW will
spend $10 billion on vehicle buybacks and $4.7 billion to mitigate the pollution from these cars
and invest in green vehicle technology. This latter amount will be split between two investment
programs that states, cities, and tribes can use to expand alternative fuel vehicle projects and
access to zero emission vehicles (ZEVs).
The State of Florida is entitled to an estimated $152 million under the Environmental Mitigation
Trust Fund to support projects that reduce nitrogen oxide (NOx) emissions where VW vehicles
were, are, or will be operated. In order to be eligible for these funds, the Governor of Florida
must apply for beneficiary status no later than 60 days from the trust effective date. This
Resolution urges Governor Rick Scott to apply for beneficiary status in order to allow the State
of Florida access to these critical environmental sustainability dollars.
ANALYSIS
Volkswagen must use the ZEV investments to promote and advance the use and availability of
ZEVs within certain categories of action that include:
• ZEV infrastructure;
• Education and public outreach;
• Exposure and access;
• The "Green City" initiative in California.
Page 484 of 873
These efforts will promote the reduction of greenhouse emissions and petroleum use, promote
the use of clean, alternative fuel technology through zero-emission vehicle deployment projects,
including investment in green vehicle technology and charging stations.
CONCLUSION
The following resolution is presented to the members of the Mayor and City Commission for
discussion. Staff recommends adoption of the proposed resolution.
Attachment A: Resolution
Attachment B: Volkswagen settlement funding: what cities should know
SMT/ESW/FCT
•
Page 485 of 873
DECEMBER 2016 U.S. Ipoucy
VOLKSWAGEN SETTLEMENT FUNDING:
WHAT CITIES SHOULD KNOW
CENTER FOR CLIMATE
Cl <-' , AND ENERGY SOLUTIONS
In October 2016, the U.S. government granted final approval of a $14.7 billion settlement against
Volkswagen (VW) for equipping more than 500,000 of its diesel vehicles to cheat U.S. vehicle emissions
tests in violation of the,Clean.Air Act.. Volkswagen will spend $10 billion on vehicle''buybacks and $4.7
billion to mitigate the pollution from these cars and invest in green, vehicle technology. This latter amount
will he split between two investment programs that states, cities, and tribes can use to expand alternative
fuel vehicle projects,and access to zero emission vehicles (ZEVs). Cities can playa key role; starting now;:
by identifying local emissions-cutting and zero-emission vehicle deployment projects that could benefit
from.increased investment and proposing ideas to states and Volkswagen about ways these funds can best
be leveraged.
Settlement payments totaling$4.7 billion will be split and operated there. Initial allocation of these funds is in
into two distinct funds.Volkswagen will place$2.7 Table 1.3
billion into an Environmental Mitigation Trust to fund Prospective beneficiaries include U.S. states, the
projects that reduce nitrogen oxide (NOx) emissions District of Columbia, Puerto Rico,and Native American
where VW diesel 2.0 liter vehicles were,are,or will be tribes.To obtain funds for designated NOx projects,
operated.The remaining$2 billion will go toward zero states must submit to the trustee a certification form,
emissions vehicle investments to improve infrastructure, signed by the governor, that includes designation of a
access,and education to advance zero emission vehicles) lead state agency that will manage the state's allocation.
2 This division of funds is shown in Figure 1.States will States will then engage with stakeholders,create
determine how the Environmental Mitigation Trust mitigation plans on how the allocated funds will be used
funds will be spent;Volkswagen will determine how within a 15-year timeframe,and oversee the subsequent
the ZEV funds will be spent,subject to approval of the distribution of funding for approved projects:'
U.S. Environmental Protection Agency (EPA) and the
California Air Resources Board (GARB). HOW CAN THE MONEY BE SPENT?
Funds from the mitigation trust may be used to upgrade
ENVIRONMENTAL MITIGATION TRUST aging diesel-powered vehicles, including repowering
or replacing certain school,shuttle,and transit buses
HOW IS FUNDING DISTRIBUTED? and freight trucks with newer,cleaner diesel engines or
Volkswagen will place$2.7 billion into a trust
alternative fuels,including natural gas or electrification.
administered by an independent trustee,who will be For a complete list of eligible vehicles and cost offsets
named in the coming months.Each state has been for non government owned vehicles,please refer to
allocated a certain percentage of the mitigation trust Appendix D-2 of the consent decree.
based on the amount of VW 2.0-liter diesel vehicles sold • For government vehicles, the funds can cover up
• to 100 percent of the cost to repower or replace
Center for Climate and Energy Solutions 1
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VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016
FIGURE 1: Settlement Plan for Pollution Mitigation
Mitigation ZEV
• Trust Investments
$2.7 billion $2.0 billion
Volkswagen
CARB EPA
Mitigation Oversight Oversight
Trustee $0.8 billion $1.2 billion
1
Beneficiaries
(1 per state, tribe,territory& D.C.)
Recipients California National
(city programs,state agencies,utilities,etc.) Investments Investments
Funding pathways for recipients and investments under Mitigation Trust and ZEV Investment.
Source:"Consent Decree,"Filed October 25,2016,www.cand.uscourts.gov/filelibrary/21369/Order-Granting-Entrrof-Consent-Decree.pdt
eligible vehicles with a new diesel,alternate fuel information for this option is available at the EPA DERA
(CNG,propane,hybrid),or all-electric engine. program website.'
• For non-government vehicles: the funds can cover
up to 75 percent of the cost to repower or replace WHAT HAPPENS NEXT?
eligible vehicles with all-electric motors,and 25- A trustee will be appointed to oversee the disbursement
75 percent of the cost of new diesel or alternate of funds to certified beneficiaries,and those
fuel engines. beneficiaries will identify suitable uses and track
• Each state may use up to 15 percent of its trust progress.A more detailed timeline is provided below in
allocation to buy, install,operate and maintain Figure 2. Each certified beneficiary may request funding
new light-duty ZEV supply equipment, including for identified projects at any time. Beneficiaries have up
Level 1,Level 2,or DC fast-charging stations to 15 years to spend funds without restrictions, but may
located in a public setting,workplace,or multi- not spend more than one-third of their total allocations
unit dwelling. in the first year or more than two-thirds by the end of
Beneficiaries can also use trust funds for projects the second year.A full list of requirements for funding
eligible under the state's Diesel Emission Reduction Act requests can be found in Appendix D (Section 5.2) of the
(DERA) Clean Diesel Grant program such as truck stop consent decree.
electrification and idle reduction equipment, though • Trust effective date:The court will select a
funding is subject to program rules that govern voluntary trustee from a list of names provided by potential
spending and mandatory cost shares.Additional beneficiaries to administer the trust.The trust
Center for Climate and Energy Solutions 2
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VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016
TABLE 1: INITIAL ALLOCATION OF MITIGATION TRUST
INITIAL SUBACCOUNTS INITIAL ALLOCATIONS (IN INITIAL SUBACCOUNTS INITIAL ALLOCATIONS (IN
MILLIONS OF DOLLARS) MILLIONS OF DOLLARS)
Alabama $24.08 New Hampshire $29.54
Alaska $7.5 New Jersey $65.33
Arizona $53.01 New Mexico $16.9
Arkansas $13.95 New York $117.4
California $381.28 North Carolina $87.18
Colorado $61.31 North Dakota $7.5
Connecticut $51.64 Ohio $71.42
Delaware $9.05 Oklahoma $19.09
District of Columbia $7.5 Oregon $68.24
Florida $152.38 Pennsylvania $110.74
Georgia $58.11 Puerto Rico $7.5
Hawaii $7.5 Rhode Island $13.5
Idaho $16.25 South Carolina $31.64
Illinois $97.7 South Dakota $7.5
Indiana $38.92 Tennessee $42.41
Iowa $20.18 Texas $191.94
Kansas $14.79 Utah $32.36
Kentucky $19.05 Vermont $17.8
y $ $
Louisiana $18.10 Virginia $87.59
Maine $20.26 Washington $103.96
Maryland $71.05 West Virginia $11.51
Massachusetts $69.07 Wisconsin $63.55
Michigan $60.33 Wyoming $7.5
Minnesota $43.64 Tribal Allocation $49.65
Mississippi $9.25 Suhaccount
Missouri $39.08 Trust Administration Cost $27
Suhaccount
Montana $11.6
Tribal Administration Cost $0.99
Nebraska $11.53 Suhaccount
Nevada $22.26 Total $2,700
Center for Climate and Energy Solutions 3
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VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016
FIGURE 2: Mitigation Trust Timeline
D>
60-90 days 60 days. 60 days /f 90 days /■ Jf Year 10 Year 15
Settlement Deadline to Deadline for Deadline
effective date apply for beneficiaries to spend
Oct.2016 beneficiary to submit allocations
status _mitigation plans
Trust effective date Deadline for trustee to Deadline for supplemental
designate beneficiaries funding requests
Timeframe of relevant dates for beneficiaries to access and spend Mitigation Trust funding.
Sources:"Consent Decree,"Filed October 25,2016,www.cand.uscourts.gov/filelibrary/21769/Order-Cranting-F_ntry-o(-Consent-Decree.pdf and"FAQ for Benefi-
ciaries to the Volkswagen Mitigation Trust Agreement,"United States Environmental Protection Agency,last modified November 2016,https://www.epa,gov/sites/
production/files/2016-11/documents/fagsecondedition.pdf.
BOX 1: How can cities get engaged in Mitigation Trust decisions?
Cities can begin preparing now by identifying local projects that could benefit from increased investment to reduce NOx
emissions in their communities. Tools to estimate the NOx reduction potential of different projects may be helpful and
include the EPA's Diesel Emissions Quantifier6 and Argonne National Laboratory's Alternative Fuel Life-Cycle Environmental
and Economic Transportation (AFLEET) Tool-' Local officials can engage with state agencies and regional EPA offices and
collaborate with non-governmental stakeholders, such as Clean Cities coalitions, school boards, utilities, and advocates of
low-income communities, to help identify possible projects. Once the state comment process is defined, cities can formally
submit these recommendations for the mitigation plans.
City leaders should identify which state office or agency will be charged with creating the state beneficiary mitigation
plan. If this is not already determined, it is expected that state governors' offices will determine the lead agencies soon.
Once each state's lead agency has been certified as a beneficiary, they can apply for funds to mitigate NOx emissions. Each
state will develop its own process and timeline for accepting public input. For example, the Colorado Department of Public
Health and Environment will be the lead agency in Colorado,and is working with other state agencies to gather public input
about how the money should be spent.8 Other states, such as California 9 Oregon1D and Michigan," have published online
their plans to begin outreach in 2016. Many of these states, as well as Connecticut, have established email distribution lists
to share updates.12
Center for Climate and Energy Solutions 4
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VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016
effective date is marked by the court appointment date will be returned to the mitigation trust and
of the trustee.The trustee may be appointed as donated to federal agencies that control regions
early as the end of December 2016,but EPA has with inordinately high NOx emissions.
suggested that the appointment may be more
likely in early 2017.All subsequent dates are
relative to the trust effective date. ZEV INVESTMENTS
• Deadline to apply for beneficiary status: HOW IS FUNDING DISTRIBUTED?
Governors' offices,or equivalent offices,will work
with lead agencies to file a certification Form Volkswagen is required to invest$2 billion over a
to receive beneficiary status and be eligible to period of 10 years in ZEV investments,spending in four
receive the allotted funds.These lead agencies 30-month cycles.''The company has sole discretion to
will be designated beneficiaries and will work with determine the location,timeline,and maintenance of
stakeholders in their areas to identify projects the approved investments.VW will make Information
eligible for mitigation funds. about its investment process available at electrifyamerica.
.• Deadline for trustee to designate beneficiaries: corn.
The trustee will file a list of designated • $1.2 billion will be directed toward EPA-approved
beneficiaries within 120 clays of the trust effective national ZEV investment plans.Volkswagen will
date,and within 60 days of receiving claims. be responsible for selecting and managing the
• Deadline for beneficiaries to submit mitigation ZEV investment .A U.S. approved independent
plans to trustee: Upon being designated as a third party public accounting firm will audit and
beneficiary,each state's lead agency will have 90 review costs of the investments,according to
clays to submit a beneficiary mitigation plan.This Appendix C (Section 2.7) of the consent decree.
plan will serve as a high-level summary of how the X800 million will be dedicated to California ZEV
state expects to use the mitigation funds. Each investment plans that will be approved by the
plan should provide the beneficiary's goal for California Air Resources Board.An independent
using the funds, the categories of eligible actions third party will also audit and review costs of
that may be appropriate for the beneficiary, investments in the state.
a description of how air quality will improve
through use of the funds,and an estimate of HOW CAN THE MONEY BE SPENT?
reduced emissions through mitigation actions. Volkswagen must use the ZEV investments to promote
-Given the preceding timeline requirements,states and advance the use and availability of ZEVs within
may not able to submit their mitigation plans certain categories of action that include:'"
until summer 2017. However,proactive cities and • ZEV infrastructure:Eligible activities include
stakeholders can support the process by engaging designing,planning,constructing,installing,
with states and preparing their intended operating and maintaining infrastructure.
recommendations now. Infrastructure designations include shared
• Deadline to request supplemental funding:Any Level 2 charging stations,as would be found
beneficiary wishing to supplement its funding at multi-unit dwellings,workplaces,and public
must establish with the trustee that it has locations; public DC fast charging stations that
obligated at least 80 percent of its allocated funds use non-proprietary connections (i.e.,do not
by the 10th anniversary of the trust effective solely use Tesla's proprietary connection); new
date.The trustee has 90 clays to designate any heavy-ditty ZEV fueling infrastructure (California
beneficiaries of remainder funds from the only);ZEV fueling stations;and next-generation
mitigation trust. public"ZEV charging infrastructure under the
• Deadline to spend allocations:Any unused funds same conditions listed above.VW has stated
by the 15th anniversary of the trust effective on electrifyamerica.com that it is interested in
Center for Climate and Energy Solutions 5
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VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016
FIGURE 3: ZEV Investment Timeline
30 months 30 months 30 months - 30 months
•
•
,
15 days 85 days 20 days 30 days remaining days
Settlement VW meets VW submits national
effective date and confers investment plan
Oct.25,2017 with CARB
VW submits VW submits draft national Completion of first
national investment plan/VW meets round of spending
outreach plan and confers with EPA/VW Apr.2019
submits CA investment plan
Milestones for VW to develop and implement ZEV investment plans within the first 30 months.VW must develop and implement ZEV
investment plans over four 30-month phases,shown above,and spend all funding within 10 years.
Sources:`Consent Decree,"Filed October 25,2016,www.cand.uscourts.gov/filelibrary/2869/Order-Granting-Entry-of-Consent-Decree.pdf and"FAQ for
Beneficiaries to the Volkswagen Mitigation Trust Agreement,"United States Environmental Protection Agency,last modified November 2016,https://www.epa.
gov/sites/production/files/2016-1 t/documents/fagsecondedition.pdf
I �
BOX 2: How can cities get engaged in ZEV investment decisions?
Cities can submit comments and suggestions for VW's first investment cycle at www.electrifyamerica.com until January
16, 2017. Comments and suggestions could include recommendations for local investments, in the categories listed above,
that would promote and advance the use and availability of ZEVs in the community. The site offers a broad plan for how
the company will direct the investments in current and future cycles, and includes a timeline for submissions for the first
30-month investment cycle. Cities should take note that VW has signaled a strong interest in developing DC fast-charging
networks in regional corridors and in installing charging stations at diverse public locations in densely populated metro-
politan areas. Information about the public comment process for California ZEV investments can be found on the CARB
website.°
Center for Climate and Energy Solutions 6
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VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016
installing chargers in approximately 15 metro • VW submits national outreach plan:VW has
areas and developing a cross-country network submitted a plan detailing how the automaker
of 200+fast-charging stations cluring the first will provide information to allow meaningful
investment cycle." feedback from states, municipal governments,
• Education and public outreach:All education tribes,and federal agencies.The national
and outreach activities must build or increase outreach plan at electrifyamerica.com provides
public awareness of"ZEVs. in addition,all efforts a timeline for outreach activities and a portal for
must be brand-neutral and cannot prominently interested parties to submit comments and project
favor or advertise Volkswagen products.VW has suggestions.VW is accepting comments for the
listed on-site events and media-driven campaign first cycle until January 16, 2017.
as examples of these projects. • VW meets and confers with CARB:At least 20
• Exposure and access:Eligible programs or days before the California ZEV investment plan is
actions include those that increase public clue,VW will meet with CARB and review a draft
exposure and/or access to ZEVs without requiring to determine if any additional information should
consumers to purchase or lease at full market be included.The draft should provide detailed
value.Such programs may include ZEV car- descriptions of its investments,estimated dates
sharing and ride-hailing services,which may for completion,maintenance plans,a description
include but are not limited to autonomous ZEVs. of brand-neutral media activities,and an
VW has noted that these investments will likely be explanation of how investments meet California's
considered in later investment cycles,along with ZEV goals.
hydrogen fuel cell vehicle fueling infrastructure. • VW Submits California investment plan:VW must
• The"Green City"initiative in California:This submit the California ZEV investment plan to
initiative promotes but is not limited to ZEV CARB within 120 days of the settlement effective
applications in car sharing services,transit,and date,which is February 22,2017.The plan must he
freight transport projects in select California reviewed and approved by CARB and published
cities that will be chosen by Volkswagen and local online.
California authorities. • VW Submits draft national investment plan:VW
In the context of the settlement,ZEV investments can will submit a draft plan of the proposed investments
promote programs and infrastructure that support most for at least the next 30 months.The draft must be
on-road cars, trucks,or buses that produce zero exhaust submitted to EPA within 120 days of the settlement
emissions. ZEVs include hydrogen fuel cell vehicles effective date (by Feb. 22,2017) or 30 days after
(FCVs), battery electric vehicles (BEVs),or plug-in hybrid the end of the comment acceptance period defined
electric vehicles (PHEVs) with specified minimum in the national outreach plan (whichever is later).
battery ranges. More details on eligible projects can The draft will summarize the plan's key elements,
be found in Appendix C (Section 1.9) of the consent comments received,and how those comments were
decree.' considered.
• VW meets&confers with EPA:EPA will provide VW
WHAT HAPPENS NEXT? with preliminary,views on the draft.The national
Volkswagen must meet a series of deadlines to draft
investment plan must he submitted to EPA within 30
and implement EPA-approved National ZEV Investment clays of this meeting.
plans,which requires the company to gather input • VW Submits national ZEV investment plan:VW
from states, municipalities, tribes,federal agencies must submit a final plan for review and approval
and other stakeholders in the near-term.Similarly,the by EPA.Following approval, the plan must be
automaker must submit and implement GARB-approved published online for public access.The national
plans specific to California.A more detailed timeline is ZEV investment plan will describe investments,
provided below in Figure 3. estimated dates for completion,maintenance plans,
Center for Climate and Energy Solutions 7
Page 492 of 873
J
VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016
brand-neutral media activities,and explain how and$200 million on California-Z,E\'investments
investments will fit a need and increase the use of within 30 months.The automaker may face
ZEVs in the United States.The first national ZEV financial penalties if this is not achieved, though any
investment plan is not required to include details on remaining money could be carried over to the next
programs that increase public access to ZEVs,but 30-month investment cycle.
subsequent plans will include this component.
• Completion of first round of spending:VW must
spend $300 million on national ZEV investments
Resources
United States District Court Northern District of California Consent Decree, October 2016
wt•vw.cand.uscourts.gov/filelibrary/2869/Order-Granting-En t ry-of-Consent-Decree.pdf.
EPA's FAQ for Beneficiaries to the Volkswagen Mitigation Trust Agreement, November 2016
https://www.epa.gov/sites/production/files/2016-1 1/documents/fayseconcledit ion.pdf.
EPA's FAQ on the Zero Emission Vehicle Investment, November 2016
https://wwwepa.gov/sites/production/files/2016-11/documents/vw-fags-app-c-final-11-18-16.pdf
California's FAQ on Consent Decree, November 2016
https://wwwarb.ca.gov/msprog/vw_info/vw faq.htm.
Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) Tool Fact Sheet, October 2016
h ttp://wt•vw afdc.energy.gov/uploads/publication/a fleet_measures_impacts.pdf.
Diesel Emissions Quantifier(DEQ), October 2016
https://www.epa.gov/cleandiesel/diesel-emissions-quantifier-deq.
VW Outreach Site for ZEV Investments—Electrify America, December 2016
https://www.electrifyamerica.com.
Center for Climate and Energy Solutions 8
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VOLKSWAGEN SETTLEMENT FUNDING: WHAT CITIES SHOULD KNOW DECEMBER 2016
ENDNOTES
I "Volkswagen Clean Air Act Partial Settlement," United States Environmental Protection Agency,last modified
October 26,2016,hops://www.epa.gov/enforcement/volkswagen-clean-air-act-partial-settlement#investment.
2 "Consent.Decree."Filed October 25,2016,www.cand.uscourts.gov/filelibrary/2869/Order-Granting-Entry-of
Consent-Decree.pdf.
3 `Consent Decree," Filed October 25,2016,www.cand.uscourts.gov/filelibrary/`?869/Order-Grnting-Entry-of-
Consent-Decree.pdf.
4 "FAQ for Beneficiaries to the Volkswagen Mitigation Trust Agreement," United States Environmental Protection
Agency,last modified November 2016,hops://www.epa.gov/sites/product.ion/files/2016-11/documents/fagsecondedition.
pelf.
5 "Volkswagen (VW) Settlement:DERA Option,"United States Environmental Protection Agency,last modified
November 29,2016,hops://www.epa.gov/cleandiesel/volkswagen-vw-settlement-dera-option.
6 "Clean Diesel:Diesel Emissions Quantifier (DEQ),"United States Environmental Protection Agency,last modi-
fied on October 18,2016,hops://www.epa.gov/cleandiesel/diesel-emissions-quantifier-deq.
7 "Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) Tool,"Argonne National
Laboratory,last modified May 6,2016,https://greet.es.anl.gov/a fleet.
8 "Volkswagen and Audi Clean Air Act Partial Settlement,"Colorado Department of Public Health and Environ-
ment,accessed November 17,2016,https://www.colorado.gov/pacific/cdphe/VW.
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The Center for Climate and Energy Solutions(C2ES)is an independent,nonpartisan, I
�/ I , CENTER FOR CLIMATE nonprofit organization working to forge practical solutions to climate change.Our
\ 5, AND ENERGY SOLUTIONS mission is to advance strong policy and action to reduce greenhouse gas emissions,
promote clean energy,and strengthen resilience to climate impacts.
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r
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
February 16, 2017
Honorable Governor Rick Scott
The Capitol
400 S Monroe St.
Tallahassee, FL 32399
Dear Honorable Governor Scott,
Attached please find a copy of City of Miami Beach Resolution No. 2017-29738:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REQUESTING THAT THE GOVERNOR OF
FLORIDA APPLY FOR AND ADMINISTER FUNDING FROM THE
VOLKSWAGEN ENVIRONMENTAL MITIGATION TRUST, CREATED
PURSUANT TO A PARTIAL CONSENT DECREE BETWEEN VOLKSWAGEN
AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY ("EPA"), WHICH
DECREE WAS NEGOTIATED IN ORDER TO SETTLE THE VOLKSWAGEN
"CLEAN DIESEL" MARKETING, SALES PRACTICES, AND PRODUCTS
LIABILITY LITIGATION; AND PROVIDING FOR TRANSMITTAL OF THIS
RESOLUTION TO THE OFFICE OF THE GOVERNOR OF FLORIDA.
This Resolution was unanimously passed and adopted by the Mayor and City Commission of
the City of Miami Beach on February 8, 2017.
If you need additional information, please do not hesitate to call.
Respectfully,
Rafael E. Granado
City Clerk
c: Elizabeth Wheaton, Environment & Sustainability Director