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HomeMy WebLinkAboutAgenda Item Cover Pageop 4 AGENDA ITEM COVER PAGE "m ' File ID: #8578 .t+t O" gF 19 � Resolution Sponsored by: Commissioner Alex Diaz de la Portilla, Commissioner Ken Russell, Commissioner Joe Carollo, Commissioner Manolo Reyes, Commissioner Jeffrey Watson 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. �tzY,°v City of Miami Legislation r=f Resolution Enactment Number: 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. 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 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. Section 5. The Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ryt6ri i dez, ity ttor ey 2/4/2021 NOTE #1: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. NOTE #2: Per Directive, City Clerk's Office transmitted on 2/12/2021.