Resolution 2021-31663 RESOLUTION NO. 2021-31663
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY
OPPOSING SENATE BILL 1128 AND HOUSE BILL 919,
BOTH OF WHICH SEEK TO PREEMPT LOCAL
GOVERNMENT REGULATION OF FUEL SOURCES OF
ENERGY PRODUCTION; 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") 1128 and its related House Bill ("HB") 919 were
filed for consideration during the 2021 Florida Legislative session; and
WHEREAS, if enacted, both SB 1128 and HB 919 would prohibit municipalities,
counties, special districts, and political subdivisions from enacting or enforcing policies,
resolutions, ordinances, codes that restrict the types or fuel sources used by utility
service providers; and
WHEREAS, SB 1128 and HB 919 define "utility service provider" as any person,
corporation, partnership, association, or political subdivision, whether private, municipal,
county, special district, or cooperative, which is engaged in the sale or supply of
electricity or gas to or for the public within this state; 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, 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, in April 2016, word 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 degrees
Celsius above pre-industrial levels," and to "pursue efforts to limit the temperature
increase to 1.5 degree Celsius"; 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, 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 (the "City") is an urban leader in addressing
and responding to the actual and measurable impacts of climate change; 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, and pledged to reduce GHG emissions, track progress towards GHG reduction
goals, and enhance the City's resiliency to climate change; and
WHEREAS, the City 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;
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, if adopted, SB 1128 and HB 919 would prohibit municipalities,
counties, special districts, and political subdivisions from enacting or enforcing policies,
resolutions, ordinances, codes, or take any action that restricts or prohibits or has the
effect of restricting or prohibiting the types of fuel sources of energy production which
may be used, delivered, converted, or supplied to customers by utility service providers;
and
WHEREAS, SB 1128 and HB 919 would prohibit local governments from
implementing certain climate actions such as enacting policies requiring the transition to
100 percent renewable energy and requiring 100 percent electrification of buildings; and
WHEREAS, SB 1128 and HB 919 would retroactively void all fuel restriction
activities as defined above if they existed before or on July 1, 2021; and
WHEREAS, SB 1128 and HB 919 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.
WHEREAS, as such, the Mayor and City Commission declare their strong
opposition to SB 1128 and HB 919, and any substitute or similar legislation that seek to
preempt local government regulation of fuel sources of energy production.
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 1128 and House Bill 919, both of which
seek to preempt local government regulation of fuel sources of energy production; and
direct the City Clerk to transmit this Resolution to the President of the Florida Senate
and the Speaker of the Florida House of Representatives.
PASSED AND ADOPTED this a? day of 491f, 2021.
ATTEST:
Dan Gelber, Mayor
Rafael E. Gr nado, 1-V24
Clerk
(sponsored by Vice-Mayor Michael Gongora) '
INCORW
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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'City Attorney Date
Resolutions -C7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: April 29, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 1128
AND HOUSE BILL 919, BOTH OF WHICH SEEK TO PREEMPT LOCAL
GOVERNMENT REGULATION OF FUEL SOURCES OF ENERGY
PRODUCTION; 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.
BACKGROUND/HISTORY
The City of Miami Beach has an extensive legislative history of adopting policies that support
community-wide greenhouse gas (GHG) emissions reduction and climate change mitigation
strategies. 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.
The City has also adopted policies specifically addressing the effects of climate change and
pledging to reduce community-wide GHG emissions in agreement with global efforts. 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. 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 February 8, 2021, Senate Bill ("SB") 1128 was filed and on February 10, 2021, the related
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House Bill ("HB") 919 was filed. On February 18, 2021, SB 1128 was referred to the Senate
Regulated Industries Committee, the Senate Community Affairs Committee, and the Senate
Rules Committee. On February 22, 2021, HB 919 was referred to the Tourism, Infrastructure &
Energy Subcommittee, the Local Administration & Veterans Affairs Subcommittee, the Ways &
Means Committee, and the Commerce Committee.
ANALYSIS.
On July 13, 2007, the State of Florida adopted an Executive Order (Number 01-127)
establishing actions to reduce GHG emissions within Florida and proposing an 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, develop targets for
GHG emissions reduction, and implement climate action plans.
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.
SB 1128 and HB 919 would prohibit municipalities, counties, special districts, and political
subdivisions from enacting or enforcing policies, resolutions, ordinances, codes, or take any
action that restricts or prohibits or has the effect of restricting or prohibiting the types of fuel
sources of energy production which may be used, delivered, converted, or supplied to
customers by utility service providers.
Consequently, SB 1128 and HB 919 would prohibit local governments from implementing
certain climate actions such as enacting policies requiring the transition to 100 percent
renewable energy and requiring 100 percent electrification of buildings. In addition, SB 1128
and HB 919 would retroactively void all fuel restriction activities as defined above if they existed
before or on July 1, 2021.
If enacted, SB 1128 and HB 919 would severely limit a local governments climate action
planning and energy work. This could have a detrimental effect on Florida municipalities' GHG
emissions reduction potential, diminish Miami Beach's ability to significantly mitigate the effects
of climate change, and affect the country's progress to limiting GHG emissions.
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 GHG emissions is an important step to increasing satisfaction.
CONCLUSION
The Administration recommends the 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?
Page 208 of 538
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Environment and Sustainability
Sponsor
Vice-Mayor Michael Gongora
ATTACHMENTS:
Description
D Resolution
Page 209 of 538