Loading...
HomeMy WebLinkAboutAgenda Item Summary Formy� AGENDA ITEM SUMMARY FORM File ID: #8760 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 856 and House Bill 839 - Energy Infrastructure 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 1:51 PM Office of the City Attorney Jihan Soliman ACA Review Completed 04/06/2021 10:22 AM Office of Management and Budget Leon P Michel Budget Review Completed 04/06/2021 10:10 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 04/07/2021 9:33 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 04/13/2021 9:14 AM Office of the City Clerk City Clerk's Office Rendered Completed 04/13/2021 12:32 PM �tzY,°v City of Miami Legislation r=f Resolution Enactment Number: 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. 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 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. 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: ria i " dez, ity ttor �eyy)4113/202.1 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.