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HomeMy WebLinkAboutAgenda Item Summary Formy� AGENDA ITEM SUMMARY FORM File ID: #8759 Date: 03/12/2021 Requesting Department: City Commission Commission Meeting Date: 03/11/2021 Sponsored By: Francis Suarez District Impacted: Type: Resolution Subject: Senate Bill 1128 and House Bill 919 - Utility Service Preemption Budget Impact Analysis Total Fiscal Impact: Reviewed By City Commission Nicole Ewan Meeting Completed 03/11/2021 9:00AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 03/12/2021 12:53 PM Office of Zoning Marta Gomez ACA Review Skipped 03/29/2021 10:39 AM Office of the City Attorney George Wysong ACA Review Completed 04/06/2021 10:31 AM Office of Management and Budget Leon P Michel Budget Review Completed 04/06/2021 9:59 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 04/07/2021 9:43 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 04/13/2021 9:10 AM Office of the City Clerk City Clerk's Office Rendered Completed 04/13/2021 12:29 PM �tzY,°v City of Miami City Hall " * `IIL111 IIATtA k ' „ 11 Legislation 3500 Pan American Drive Miami, FL 33133 r R % www.miamigov.com Resolution Enactment Number: R-21-0116 File Number: 8759 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. 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 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: 1 i ria i `ndez, City tutor iey 4/1312021 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 4/14/2021.