HomeMy WebLinkAboutR-21-0116City of Miami
f
Legislation
Resolution: R-21-0116
File Number: 8759
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/11/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING SENATE
BILL 1128 AND HOUSE BILL 919, BOTH OF WHICH SEEK TO PREEMPT
LOCAL GOVERNMENT RESTRICTION OF UTILITY SERVICES; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO THE OFFICIALS NAMED HEREIN.
SPONSOR(S): Mayor Francis X. Suarez
WHEREAS, Senate Bill ("SB") 1128 and House Bill ("HB") 919 (collectively, "Bills") have
been filed for consideration during the 2021 Florida Legislative Session; and
WHEREAS, SB 1128 seeks to preempt local government restriction or prohibition of
utility services including any "resolution, ordinance, rule, code, policy, or take any action that
restricts or prohibits or has the effect of restricting or prohibiting a property owner, tenant, or
utility service customer from selecting his or her utility service, whether electric, manufactured
gas, liquefied petroleum gas, natural gas, hydrogen, fuel oil, a renewable source, or any other
source from a utility service provider that serves the affected property"; and
WHEREAS, SB 1128 may prevent local governments from enacting and implementing
climate action plans or other policies that include requirements or mandates; and
WHEREAS, SB 1128 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, electric vehicle energy 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 1128 would also void any prior local policies, ordinances, and
resolutions in violation; and
WHEREAS, according to the United States ("U.S.") Energy Information Administration,
about seventy-five percent (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 (collectively, "Cities") are in a unique position to
combat climate change, because Cities are responsible for producing seventy percent (70%) of
GHG emissions worldwide; and
WHEREAS, the City of Miami's ("City") 2018 GHG inventory demonstrates that the
majority of emissions community wide and in government operations are a result of energy
consumption; and
City of Miami Page 1 of 2 File ID: 8759 (Revision:) Printed On: 411512021
File ID: 8759 Enactment Number: R-21-0116
WHEREAS, the City is currently developing a GHG Reduction Plan which includes a
GHG emissions reduction target of sixty percent (60%) reduction of GHG by 2035 and carbon
neutrality by 2050; and
WHEREAS, the City is an urban leader in addressing and responding to the actual and
measurable impacts of climate change by amending 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, (iii) use of Leadership in
Energy and Environmental Design standards, (iv) streamlined and free permits for solar
installations, and (v) support for car free transportation options but will need to pursue further
action to achieve carbon neutrality by 2050; and
WHEREAS, SB 1128 can have detrimental effects on Florida's GHG emissions
reduction work and consequently, affect the City's ability to significantly mitigate GHG emissions
and the effects of climate change; and
WHEREAS, as such, the City Commission declares its strong opposition to the Bills and
any substitute or similar legislation that seeks to preempt local government regulation of utility
services;
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 strongly opposes the Bills, both of which seek to
preempt local government regulation of utility services.
Section 3. The City Clerk is directed to transmit a certified copy of this Resolution to the
Governor, Senate President, House Speaker, and the Chair and Members of the Miami -Dade
County Legislative Delegation.
Section 4. The Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
A(
1
i ria i "ndez, ity Attor ey 411312021
City of Miami Page 2 of 2 File ID: 8759 (Revision:) Printed on: 411512021