LTC 184-2021 City of Pembroke Pines Resolution No. 3738M IAMI BEACH
OFFICE OF THE CITY CLERK
No. 184-2021
LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mayor Dan Gelber and Members oft~ Äty Commission
Rafael E. Granado, City Clerk Î C)\
May 4, 2021
CITY OF PEMBROKE PINES RESOLUTION NO. 3738
Attached for your information is Resolution No. 3738, adopted by the Mayor and City
Commission of City of Pembroke Pines on April 21, 2021.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PEMBROKE
PINES, FLORIDA, OPPOSING SENATE BILL 856 AND HOUSE BILL 839,
PREEMPTING THE REGULATION OF ENERGY INFRASTRUCTURE TO THE
STATE; OPPOSING SENATE BILL 1128 AND HOUSE BILL 919, PREEMPTING
THE REGULATION OF UTILITY SERVICES TO THE STATE; OPPOSING
SENATE BILL 1236 AND HOUSE BILL 617, REQUIRING STATE LEGISLATIVE
AUTHORIZATION FOR REGULATORY DECISIONS RELATED TO
GREENHOUSE GAS EMISSIONS; OPPOSING SENATE BILL 1008 AND HOUSE
BILL 761, PROHIBITING LOCAL GOVERNMENTS FROM DENYING LARGE
SCALE INDUSTRIAL SOLAR FACILITIES SITING APPLICATIONS ON
AGRICULTURAL LANDS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
The City of Pembroke Pines Clerk has requested that a copy of this Resolution be provided to
the Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
F:\CLER\$ALL\LILIA\L TC's - Transmittal's\Pembroke Pines\Pembroke Pines Resolution 3738.docx
P R O P O S E D R E S O L U T IO N N O . 20 2 1-R -14
R E S O L U T IO N N O . 37 3 8
A R E S O L U T IO N O F T H E C ITY C O M M IS S IO N O F T H E C ITY O F
P E M B R O K E P IN E S , F L O R ID A , O P P O S IN G S E N A T E B IL L 8 5 6
A N D H O U S E B IL L 8 3 9 , P R E E M P T IN G T H E R E G U L A T IO N O F
E N E R G Y IN F R A S T R U C T U R E T O T H E S T A T E ; O P P O S IN G
S E N A T E B IL L 11 2 8 A N D H O U S E B IL L 91 9 , P R E E M P T IN G T H E
R E G U L A T IO N O F U T ILI TY S E R V IC E S T O T H E S T A T E ;
O P P O S IN G S E N A T E B IL L 12 3 6 A N D H O U S E B IL L 6 17 ,
R E Q U IR IN G S T A T E L E G IS L A T IV E A U T H O R IZ A T IO N F O R
R E G U L A T O R Y D E C IS IO N S R E L A T E D T O G R E E N H O U S E G A S
E M IS S IO N S ; O P P O S IN G S E N A T E B IL L 10 0 8 A N D H O U S E B IL L
7 6 1, P R OH IBI TI N G L O C A L G O V E R N M E N T S F R O M D E N Y IN G
L A R G E S C A L E IN D U S T R IA L S O L A R F A C ILI T IE S S IT IN G
A P P LI C A T IO N S O N A G R IC U L T U RA L L A N D S ; P R O V ID IN G
F O R C O N F LI C T S ; P R O V ID IN G F O R S E V E R A B ILI TY ; A N D
P R O V ID IN G A N E F F E C T IV E D A T E .
WHEREAS, on January 27, 2021, Florida Senator Travis Hutson filed
Senate Bill 856 ("SB 856'), seeking to preempt local regulation of energy
infrastructure; and
WHEREAS, on February 9, 2021, Florida Representative Tom Fabricio,
filed a similar bill, House Bill 839 ("HB 839"), also seeking to preempt the
regulation of energy infrastructure; and
WHEREAS, the new law, if passed, would define "energy infrastructure"
broadly to mean: "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, the term "energy infrastructure" may be interpreted to apply
to regulations of gasoline stations, and if so, it could impact the City's code
provisions relating to gasoline stations operations and locations; and
Page 1 of 4
PR O PO S ED RESO LU TIO N NO . 2021-R-14
RESO LUTIO N NO . 3738
W HE R EA S, on February 8, 2021, Florida Senator Travis Hutson filed
Senate Bill 1128 ("SB 1128"), seeking to preempt the regulation of utility services
to the State; and
WHEREAS, on February 10, 2021, Florida Representative Josie Tomkow
filed a similar bill, House Bill 919 ("HB 919), also seeking to preempt the
regulation of utility services to the State; and
WHEREAS, on February 11, 2021, Florida Senator Ana Maria Rodriguez
filed Senate Bill 1236 ("SB1236"), requiring S tate legislative authorization for
decisions related to the regulation of greenhouse gas emissions; and
WHEREAS, on January 29, 2021, Florida Representative Lauren Melo
filed a similar bill, House Bill 617 ("HB 617"}, also requiring State legislative
authorization for decisions related to the regulation of greenhouse gas emissions;
and
WHEREAS, on February 2, 2021, Florida Senator Travis Hutson filed
Senate Bill 1008 ("SB 1008"), proh ibiting local governments from denying large
scale industrial solar facilities siting applications on agricultural lands; and
WHEREAS, on February 3, 2021, Florida Representative Toby Overdorf
filed a similar bill, House Bill 761 ("HB 761"), also prohibiting local governments
from denying large scale industrial solar facilities siting applications on agricultural
lands; and
Page 2 of 5
P R O P O S E D R E S O L U T IO N N O . 20 2 1-R -14
R E S O L U T IO N N O . 37 3 8
W H E R E A S , under the Florida Constitution and Section 166.021, Florida
Statutes, municipalities are given broad home rule powers; and
WHEREAS, as part of their home rule powers, municipalities should have
the ability to regulate energy infrastructure, utilities and greenhouse gas
emissions in their jurisdiction; and
WHEREAS, municipalities should continue to have the power to decide
what is consistent with the needs of their own communities; and
WHEREAS, if SB 856 and HB 839 passed, it would violate the home rule
. powers of municipalities; and
WHEREAS, if SB 1128 and HB 919 passed, it would violate the home rule
powers of municipalities; and
WHEREAS, if SB 1008 and HB 761 passed, it would violate the home rule
powers of municipalities; and
WHEREAS, the City Commission advocates for the protection of home
rule powers and opposes SB 856 and HB 839, SB 1128 and HB 919, SB 1236
and HB 617, and SB 1008 and HB 761; and
WHEREAS, the City Commission believes it is in the best interest of the
City to approve this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF PEMBROKE PINES, FLORIDA THAT:
Page 3 of 5
PR O P O SED RESO LUTIO N N O . 2021-R-14
RE SO LUTIO N NO . 3738
Section 1: The foregoing recitals contained in the preamble to this
Resolution are incorporated by reference herein.
Section 2: The City Commission opposes SB 856 and HB 839.
Section 3: The City Commission opposes SB 1128 and HB 919.
Section 4: The City Commission opposes SB 1236 and HB 617.
Section 5: The City Commission opposes SB 1008 and HB 761.
Section 6: The City Clerk is directed to distribute this Resolution to the
Florida Governor, the President of the Florida Senate, the Speaker of the Florida
House of Representatives, the Broward County Legislative Delegation, the
Florida League of Cities, the Florida Association of Counties, the Florida City
County Management Association, the Board of County Commissioners for
Broward County, the Broward County League of Cities, and each of the
municipalities in Broward County.
Section 7: The appropriate City officials are authorized to execute all
necessary documents and to take any necessary action to effectuate the intent of
this Resolution.
Section 8: This Resolution shall take effect upon its adoption.
Page 4 of 5
P R O P O SED RES O LUTIO N NO . 2021-R-14
RESO LUTIO N NO . 3738
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE
CITY OF PEMBROKE PINES, FLORIDA, THIS 21"DAY OF APRIL,
2021.
.
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MARL . I
-, APPROVED AS TO FORM:
ORTIS
CASTILLO AYE
GOOD
AYE
___ ,. ...
AYE
SCHWARTZ AYE
SIPLE AYE
Page 5 of 5
C ity o f P e m b ro k e P in e s , F L
Agenda Request Form
601 City Center Way
Pembroke Pines, FL
33025
www.ppines.com
Agenda Number:
File ID: 2021-R-14
Version:
Type: Resolution
Agenda
Section:
Short Title: Draft and Adopt Proposed Resolution 2021-R-14 from
Commissioner Castillo's item.
Status: Passed
In Control: City Commission
File Created: 04/22/2021
Final Action: 04/21/2021
Title: MOTION TO ADOPT PROPOSED RE SOL UTION 2021-R-14.
PROPOSED ORD INAN CE 2021-R-14 IS A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, OPPOSING
SENATE BILL 856 AND HOUSE BILL 839, PREEMPTING THE REGULA TION OF
ENERGY INFRA STRUCTURE TO THE STATE; OPPOSING SENATE BILL 1128
AND HOUSE BILL 919, PREEMPTING THE REGULA TION OF UTILITY
SERVICES TO THE STATE; OPPOSING SENATE BILL 1236 AND HOUSE BILL
617, REQUIRING STATE LEGISLA TIVE AUTHORIZA TION FOR REGULA TORY
DECISIONS RELA TED TO GREENHOUSE GAS EMISSIONS; OPPOSING
SE NATE BILL 1008 AND HOUSE BILL 761,_PROHIBITING LOCAL ·-· __
GOVERNMENTS FROM DENYING LA RGE SCALE INDUSTRIAL SOLA R
FACILITIES SITING APPLICATIONS ON AGRICULTURA L LA NDS; PROVIDING
FOR CONFLICTS; PROVIDI NG FOR SEVERA BILITY ; AND PROVIDING AN
EFFECTIVE DATE.
"Agenda Date: 04 /21/2021 Enactment Date: 04/21/2021
Enactment Number: 3738
Internal Notes: Enactment No. 3738
Attachments: 1. 2021-R-14 Resolution Opposing Energy Bills (00443125xC4B6A)
1 City Commission 04/21/2021 adopt Pass
Action Text: A motion was made by Commissioner Castillo, seconded by Vice Mayor Good Jr., to adopt Proposed
Resolution 2021-R-14 (Enactment No. 3738). The motion carried by the following vote:
Aye: - 5 Mayor Ortis, Vice Mayor Good Jr., Commissioner Schwartz,
Commissioner Castillo, and Commissioner Siple
Nay.- 0
MOTION TO ADOPT PROPOSED RESOLUTION 2021-R-14.
PROPOSED ORDINAN CE 2021-R-14 IS A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF PEMBROKE PINES, FLORIDA, OPPOSING SENATE BILL 856 AND HOUSE BILL 839,
PREEMPTING THE REGULA TION OF ENERGY INFRA STRUCTURE TO THE STATE; OPPOSING
City of Pembroke Pines, FL Page 1 Printed on 4/22/2021
Agenda Request Form Con tinued2021-R-14)
SENATE BILL 1128 AND HOUSE BILL 919, PREEMPTING THE REGULATION OF UTILITY
SERVICES TO THE STATE; OPPOSING SENATE BILL 1236 AND HOUSE BILL 617, REQUIRING
STATE LEGISLATIVE AUTHORIZATION FOR REGULATORY DECISIONS RELATED TO
GREENHOUSE GAS EMISSIONS; OPPOSING SENATE BILL 1008 AND HOUSE BILL 761,
PROHIBITING LOCAL GOVERNMENTS FROM DENYING LARGE SCALE INDUSTRIAL SOLAR
FACILITIES SITING APPLICATIONS ON AGRICULTURAL LANDS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
SUMMARY EXPLANATION AND BACKGROUND:
Proposed Resolution 2021-R-14 was drafted and adopted at the April 21, 2021
Commission Meeting from Item #19 introduced by Commissioner Castillo. Enactment
No. 3738.
1. On April 21, 2021, Commissioner Castillo introduced an item for discussion at the
request of the Sierra Club of Broward County to draft a resolution in opposition to
SB1128/HB919 and SB856/HB761 and SB1236/HB617 which seeks to preempt local
municipality home rule ability to move to 100% clean renewable energy.
2. The Pembroke Pines City Commission approved a motion to direct the City Attorney to
draft and adopt 2021-R-14 opposing Senate and House Bills. The state legislature
should not interfere in the home rule ability of cities to adopt such actions if they so wish as the expansion of clean and renewable energy source use closely advances
sustainable, protective and good environmental policy.
3. Municipalities should continue to have the power to decide what is consistent with the
needs of their own communities.
4. If SB 856 and HB 839 passed, it would violate the home rule powers of municipalities.
5. If SB 1128 and HB 919 passed, it would violate the home rule powers of municipalities.
6. If SB 1008 and HB 761 passed, it would violate the home rule powers of municipalities.
7. The City Commission advocates for the protection of home rule powers and opposes
SB 856 and HB 839, SB 1128 and HB 919, SB 1236 and HB 617, and SB 1008 and
HB 761.
8. The City Commission believes it is in the best interest of the City to approve this
Resolution.
FINANCIAL IMPACT DETAIL: None.
City of Pembroke Pines, FL Page 2 Printed on 4/22/2021