Resolution 2021-31622 RESOLUTION NO. 2021-31622
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING
HOUSE BILL 617, AND ITS RELATED BILL, SENATE BILL 1236,
BOTH OF WHICH WOULD PREVENT THE STATE FROM
ADOPTING OR PARTICIPATING IN GREENHOUSE GAS
EMISSIONS REDUCTION PROGRAMS WITHOUT EXPLICIT
LEGISLATIVE AUTHORIZATION; AND DIRECTING THE CITY
CLERK TO TRANSMIT THIS RESOLUTION TO THE SPEAKER OF
THE FLORIDA HOUSE OF REPRESENTATIVES AND THE
PRESIDENT OF THE FLORIDA SENATE.
WHEREAS, House Bill ("HB") 617, and its related bill, Senate Bill ("SB") 1236, have
been filed for consideration during the 2021 Florida Legislative Session; and
WHEREAS, if enacted, HB 617 would prevent the State from adopting or participating in
greenhouse gas ("GHG") emissions reduction programs without explicit legislative authorization;
and
WHEREAS, HB 617 would also prevent a State agency from adopting and enforcing
State plans; low carbon fuel standards, plans or programs enabling regulation of mobile or
station sources or GHG taxes or fees or trading; or State or regional programs prompted by the
participation of the United States in international treaties or executive agreements or interstate
compacts or agreements; and
WHEREAS, the term "state agency" is broadly applied within the HB 617, and therefore
the Bill could also be applied to water management districts and regional planning councils as
well; and
WHEREAS, if enacted, HB 617 would take effect on July 1, 2021; 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 climate-changing GHG
emissions worldwide; and
WHEREAS, acknowledging the major role of cities and local governments in the
mobilization to address climate change, the United Nations General Secretary recognized the
Global Covenant of Mayors for Climate & Energy (formerly the Compact of Mayors) in
September 2014 in New York; and
WHEREAS, on October 14, 2015, the Mayor and City Commission adopted Resolution
No. 2015-29156, joining the Global Covenant of Mayors for Climate & Energy, pledging to
reduce GHG emissions, track progress towards GHG reduction goals, and enhance the City's
resiliency to climate change; and
WHEREAS, in April 2016 world leaders from 175 countries recognized the threat of
climate change and the urgent need to combat it by signing the Paris Agreement, agreeing to
keep the increase in global average temperature to " well below 2° C above pre- industrial
levels," and to " pursue efforts to limit the temperature increase to 1. 5° C; and
WHEREAS, any and all efforts possible must be made to prevent a 1.5 -degree-Celsius
increase in average global temperature, and cities must play a major role in reaching this goal;
and
WHEREAS, holding the increase in global average temperature to these levels would
significantly reduce the risks and impacts of climate change; and
WHEREAS, by taking positive steps to reduce GHG emissions and otherwise mitigate
the effects of climate change, 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 is an urban leader in addressing and responding to
the actual and measurable impacts of climate change, and has amended its 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 Property Assessed
Clean Energy(PACE) Program for residents and businesses; and
WHEREAS, on May 17, 2017 the Mayor and City Commission adopted Resolution No.
2017-29872, supporting the Sierra Club's "Ready for 100%" campaign, which challenges cities
across the United States to set a target of 100% clean, renewable energy, and supporting the
Sierra Club's "Mayors for 100% Clean Energy" campaign; and
WHEREAS, on June 1, 2017, former United States President Donald Trump announced
the country's withdrawal from the 2015 Paris Climate Agreement on global GHG emissions
reduction and climate change mitigation; and
WHEREAS, on June 7, 2017, the Mayor and City Commission adopted Resolution No.
2017-29906, honoring and upholding the City's commitment to the policies, goals, and
standards set forth in the Paris Climate Agreement and reaffirming the City's role as a global
urban leader in efforts to reduce GHG emissions, mitigate the impacts of human activities that
contribute to climate change, and enhance resiliency; and
WHEREAS, on October 16, 2019, the Mayor and City Commission adopted Resolution
No. 2019-31040, declaring a Climate Emergency, urging the State of Florida and the U. S.
government to declare a Climate Emergency, requesting regional collaboration on an immediate
just transition and emergency mobilization effort to restore a safe climate; and
WHEREAS, on January 20, 2021, President Joe Biden, as one of his first acts in office,
signed an Executive Order to have the United States rejoin the Paris Climate Agreement; and
WHEREAS, on February 10, 2021, the Mayor and City Commission adopted a
Resolution endorsing several pledges (Under2 Coalition, United Nations (UN) Climate Change's
Climate Neutral Now and C40 Race to Zero) to further commit to GHG emissions reductions
while planning for the challenges of climate change; and
WHEREAS, the City is currently developing a climate action plan which includes setting
GHG emissions reduction targets; and
WHEREAS, HB 617 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
HB 617 and SB 1236, and any substitute or similar legislation that seeks to prevent the State
from adopting or participating in GHG emissions reduction programs without explicit legislative
authorization.
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 House Bill 617, and its related bill, Senate Bill 1236, which would prevent the State from
adopting or participating in GHG emissions reduction programs without explicit legislative
authorization; 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 /7 day of March, 2021. °
ATTEST:
Dan Gelber, Mayor
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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 HOUSE BILL 617,
AND ITS RELATED BILL, SENATE BILL 1236, BOTH OF WHICH WOULD
PREVENT THE STATE FROM ADOPTING OR PARTICIPATING IN
GREENHOUSE GAS EMISSIONS REDUCTION PROGRAMS WITHOUT
EXPLICIT LEGISLATIVE AUTHORIZATION; AND DIRECTING THE CITY
CLERK TO TRANSMIT THIS RESOLUTION TO THE SPEAKER OF THE
FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE
FLORIDA SENATE.
RECOMMENDATION
The Administration recommends adoption of the Resolution.
BACKGROUND/HISTORY
The City has an extensive legislative history of adopting policies that support community-wide
greenhouse gas (GHG) emissions reduction. On October 14, 2015, the Mayor and City
Commission adopted Resolution No. 2015-29156, endorsing the Global Covenant of Mayors
for Climate & Energy (formerly the Compact of Mayors) pledge, where the City committed to
reduce community-wide GHG emissions; measure the community emissions inventory using a
consistent and robust standard; identify climate-related hazards; set data-based targets for the
future; and develop a climate action plan. On May 17, 2017, the Mayor and City Commission
supported the Sierra Club's #readyfor100 campaign, which challenges 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.
On June 1, 2017, former United States President Donald Trump announced the country's
withdrawal from the 2015 Paris Climate Agreement on global GHG emissions reduction and
climate change mitigation. On June 7, 2017, the Mayor and City Commission adopted
Resolution No. 2017-29906, upholding the City's commitment to the goals and standards set
forth in the Paris Climate Agreement. On October 16, 2019 the City adopted Resolution No.
2019-31040, declaring a Climate Emergency, urging the State of Florida and the U. S.
government to declare a Climate Emergency, requesting regional collaboration on an immediate
just transition and emergency mobilization effort to restore a safe climate.
Page 321 of 2284
On January 20, 2021, President Joe Biden, as one of his first acts in office, signed an
Executive Order to have the United States rejoin the Paris Climate Agreement. On February 10,
2021, the Mayor and City Commission adopted Resolution No. 2021-31575, endorsing several
pledges (Under2 Coalition, United Nations (UN) Climate Change's Climate Neutral Now and
C40 Race to Zero) to further commit to GHG emissions reductions while planning for the
challenges of climate change.
On January 29, 2021, the Florida House Bill (HB) 617 was filed. This Bill prevents the State
from adopting or participating in GHG emissions reduction programs without explicit legislative
authorization. On February 18, 2021, it was referred to the Environment,Agriculture & Flooding
Subcommittee; Tourism, Infrastructure & Energy Subcommittee; and State Affairs Committee.
ANALYSIS
On July 13, 2007, the State of Florida adopted an Executive Order (Number 01-127)
establishing actions to reduce greenhouse gas emissions (GHG) within Florida and proposing
emissions reduction target of 80% reduction from 1990 baseline by 2050. This Executive Order
propelled several cities and counties within Florida to work on their GHG inventories and
develop targets for GHG emissions reduction.
As per the Paris Climate Agreement, given our current climate crisis, global warming shall be
limited preferably to 1.5 degrees Celsius, compared to pre-industrial levels, to limit the adverse
effects of climate change. In order to achieve this long-term temperature goal, cities, counties,
states and countries need to be held accountable for their GHG emissions reductions.
House Bill (HB) 617 prevents a State agency from adopting and enforcing a State or regional
program to regulate GHG emissions without specific legislative authorization including but not
limited to the following:
• State plans
• Low carbon fuel standards, plans or programs enabling regulation of mobile or station
sources or greenhouse gas taxes or fees or trading
• State or regional programs prompted by the participation of the United States in
international treaties or executive agreements or interstate compacts or agreements
Since the term 'state agency' is broadly applied, this Bill could also be applied to water
management districts and regional planning councils. If enacted, this Bill would take effect on
July 1, 2021. This Bill can have detrimental effect on Florida's GHG emissions reduction work,
and consequently, affect Miami Beach's ability to significantly mitigate towards climate change.
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
Page 322 of 2284
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
❑ Resolution
Page 323 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. 2021-31622:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF •
MIAMI BEACH, FLORIDA,STRONGLY OPPOSING HOUSE BILL 617,AND ITS
RELATED BILL, SENATE BILL 1236, BOTH OF WHICH WOULD PREVENT
THE STATE FROM ADOPTING OR PARTICIPATING IN GREENHOUSE GAS
EMISSIONS REDUCTION PROGRAMS WITHOUT EXPLICIT LEGISLATIVE
AUTHORIZATION; AND DIRECTING THE CITY CLERK TO TRANSMIT THIS
RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF
REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA SENATE.
(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: 305-673-741 1
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. 2021-31622:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,STRONGLY OPPOSING HOUSE BILL 617,AND ITS
RELATED BILL, SENATE BILL 1236, BOTH OF WHICH WOULD PREVENT
THE STATE FROM ADOPTING OR PARTICIPATING IN GREENHOUSE GAS
EMISSIONS REDUCTION PROGRAMS WITHOUT EXPLICIT LEGISLATIVE
AUTHORIZATION; AND DIRECTING THE CITY CLERK TO TRANSMIT THIS
RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF
REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA SENATE.
(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