HomeMy WebLinkAboutR-21-0055City of Miami
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Legislation
Resolution: R-21-0055
File Number: 8578
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/5/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA
LEGISLATURE TO ENACT HOUSE BILL 387 AMENDING THE "PROPERTY
ASSESSED CLEAN ENERGY PROGRAM" ("PACE") TO ASSIST PROPERTY
OWNERS WITH RETROFITTING THEIR PROPERTIES TO PROTECT THEM
FROM FLOODING AND TO AFFIRM THE PASSAGE AND IMPLEMENTATION
OF PACE AS A CITY OF MIAMI LEGISLATIVE PRIORITY; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
OFFICIALS NAMED HEREIN.
SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Ken Russell,
Commissioner Joe Carollo, Commissioner Manolo Reyes, Commissioner Jeffrey
Watson
WHEREAS, in 2010, the Florida Legislature adopted provisions in Section 163.08,
Florida Statutes, that allow local governments to create Property Assessed Clean Energy
("PACE") programs for residents and businesses that provide financing for energy conservation
and efficiency (e.g., energy -efficient heating, cooling, or ventilation systems), renewable energy
(e.g., solar panels), wind resistance (e.g., impact resistant windows), and other improvements
that are not inconsistent with the laws of the State of Florida ("State"); and
WHEREAS, through the existing PACE program, the State, residents, and businesses
can reduce their carbon footprints and energy costs and local economies are benefitted by the
stimulation of construction and contractor jobs; and
WHEREAS, on January 22, 2021, House Bill 327 ("HB 327") was filed for consideration
during the Florida Legislature's 2021 session by House Representative Randy Fine; and
WHEREAS, HB 327 proposes to revise the legislative intent regarding the types of
improvements that qualify for specified financing under the PACE program, specifiy that a
property owner may apply to a PACE program for certain new important purposes such as flood
and water damage mitigation and resiliency improvements, and provide that costs incurred by
the PACE program may be collected as a non -ad valorem assessment; and
WHEREAS, the City of Miami ("City") is a low-lying area, facing flood risk from high
tides, storms, hurricanes, and sea level rise, with most waterfront buildings and a substantial
percentage of all buildings classified in the Federal Emergency Management Agency's Special
Flood Hazard Area; and
WHEREAS, a substantial percentage of all existing buildings in the City were built prior
to the first Flood Insurance Rate Maps ("FIRM") that have progressively required higher
elevations to reduce flood risk; and
WHEREAS, of the fifty (50) miles of seawalls in the City built to protect areas of human
habitation along the coast against tides, waves, and sea level rise, only ten (10) miles are
City of Miami Page 1 of 3 File ID: 8578 (Revision:) Printed On: 211912021
File ID: 8578 Enactment Number: R-21-0055
publicly owned, meaning that most of the responsibility for replacing seawalls in disrepair and
low elevation falls on private homeowners and additional financing mechanisms are crucially
needed; and
WHEREAS, on December 14, 2017, the City Commission passed Resolution No. R-17
0612, which authorized the City to join the PACE program and authorized the City to enter into
agreements with the Green Corridor Clean Energy Property Assessed District and the Florida
PACE Funding Agency to implement the program; and
WHEREAS, on December 13, 2018, the City Commission passed Resolution No. R-18
0565 authorizing the City to join the American Flood Coalition which advocates for policy
changes, funds, and incentives to address flooding and sea level rise; and
WHEREAS, on September 24, 2020, the City Commission passed Resolution No. R-20
0292 adopting the Unified Regional Sea Level Rise Projection — 2019 update of the Southeast
Florida Regional Climate Compact, which projects sea level rise impacts of 10 to 17 inches by
2040 and 21 to 54 inches by 2070; and
WHEREAS, while the City Commission has adopted numerous resilient standards for
new construction, the existing building stock in the City including historic districts and individual
historic resources can greatly benefit from PACE as an alternative financing mechanism for
flood mitigation and resiliency improvements; and
WHEREAS, the State should expand the PACE program to assist property owners with
raising and reinforcing sea walls, other infrastructure, and improvements that mitigate flood risk,
which may include raising a structure above base flood elevation, repairing, or building
seawalls, using flood damage resistant materials, and making improvements to mechanical or
electrical systems; and
WHEREAS, the Mayor and City Commission hereby urge the Florida Legislature to
enact HB 387 amending the PACE program to provide financial assistance for property owners
to assist them with retrofitting their properties to reduce flood risk;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the Preamble to this Resolution are
hereby adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission urges the Florida Legislature to enact HB 387
amending the PACE program to assist property owners with retrofitting their properties to
protect them from flooding.
Section 3. The City Commission affirms its support for the passage of HB 387, the
modernization and further implementation of the State's PACE program, and any related
legislative actions to accomplish this needed financial assistance for property owners as a City
Legislative Priority to be accomplished in the current Legislative Session.
Section 4. The City Clerk is directed to transmit a certified copy of this Resolution to the
Governor, Senate President, House Speaker, Miami -Dade County Mayor, and the Chair and
Members of the Miami -Dade County Legislative Delegation.
City of Miami Page 2 of 3 File ID: 8578 (Revision:) Printed on: 211912021
File ID: 8578
Enactment Number: R-21-0055
Section 5. The Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ` 4naindee CCilty Attor ey 2/4/2021
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