HomeMy WebLinkAboutR-21-0117City of Miami
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Legislation
Resolution: R-21-0117
File Number: 8760
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 856 AND HOUSE BILL 839, BOTH OF WHICH SEEK TO PREEMPT
LOCAL GOVERNMENT REGULATION OF ENERGY INFRASTRUCTURE AND
TRANSPORTATION ENERGY INFRASTRUCTURE; FURTHER DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
OFFICIALS NAMED HEREIN.
SPONSOR(S): Mayor Francis X. Suarez
WHEREAS, Senate Bill ("SB") 856 and House Bill ("HB") 839 (collectively, "Bills") have
been filed for consideration during the 2021 Florida Legislative Session; and
WHEREAS, SB 856 seeks to preempt local government regulation of energy
infrastructure which is defined as any 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, HB 839 relatedly seeks to preempt local government regulation of
transportation energy infrastructure which is defined as any infrastructure "supporting the
production, import, storage, and distribution of fuels used for transportation including, but not
limited to, petroleum, petroleum products, gasoline, diesel fuel, motor fuel, alternative fuel,
marine fuel, aviation fuel, renewable fuel, natural gas, hydrogen, and electricity"; and
WHEREAS, the Bills would also grant authority related to energy infrastructure and
transportation energy infrastructure to the State of Florida ("State") and prevents local
governments from implementing any laws, ordinances, regulations, policies, or resolutions that
prohibit, restrict, require or have the effect of prohibiting, restricting, or requiring the construction
of new or the expansion, upgrading, or repair of existing energy infrastructure and transportation
energy infrastructure, or from imposing requirements more stringent than the State law; and
WHEREAS, the Bills may prevent local governments from developing local land -use and
zoning policies pertaining to where energy infrastructure is sited, including fossil fuel production,
processing, transmission, and distribution facilities; and
WHEREAS, the Bills may prevent local governments from enacting and implementing
climate action plans or other policies that include requirements or mandates; and
WHEREAS, SB 856 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
City of Miami Page 1 of 3 File ID: 8760 (Revision:) Printed On: 411512021
File ID: 8760 Enactment Number: R-21-0117
WHEREAS, HB 839 may prevent local governments from enacting and implementing
clean transportation policies like electric vehicle goals and electric vehicle charging
requirements and controlling permitting and updates for gas stations, even on property owned
and controlled by local governments; and
WHEREAS, the Bills would also void any prior local policies, ordinances, or 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 fifty-five
percent (55%) of communitywide emissions are a result of energy consumption in buildings and
forty-three (43%) are a result of on -road transportation from internal combustion engine
vehicles; 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 ("LEED") 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, the Bills can have a detrimental effect on the State'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 their strong opposition to the Bills
and any substitute or similar legislation that seeks to preempt local government regulation of
energy infrastructure and transportation energy infrastructure;
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 oppose the Bills, both of which seek to preempt
local government regulation of energy infrastructure and transportation energy infrastructure.
City of Miami Page 2 of 3 File ID: 8760 (Revision:) Printed on: 411512021
File ID: 8760
Enactment Number: R-21-0117
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, iry.rattor ey 4/13/2021
City of Miami Page 3 of 3 File ID: 8760 (Revision:) Printed on: 411512021