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.
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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
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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