HomeMy WebLinkAboutR-17-0134City of Miami
Resolution R-17-0134
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2042 Final Action Date: 3/23/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING SENATE
BILL 1048 AND HOUSE BILL 1055 AMENDING SECTION 163.3221, FLORIDA
STATUTES ("F.S."), OF THE FLORIDA LOCAL GOVERNMENT
DEVELOPMENT AGREEMENT ACT, ENTITLED "FLORIDA LOCAL
GOVERNMENT DEVELOPMENT AGREEMENT ACT; DEFINITIONS", AND
SECTION 380.04, F.S., OF THE FLORIDA ENVIRONMENTAL LAND AND
WATER MANAGEMENT ACT OF 1972, ENTITLED "DEFINITION OF
DEVELOPMENT", REVISING THE DEFINITION OF THE TERM
"DEVELOPMENT" TO EXCLUDE WORK BY CERTAIN UTILITY PROVIDERS
ON UTILITY INFRASTRUCTURE ON CERTAIN RIGHTS -OF -WAY OR
CORRIDORS AND REVISING THE DEFINITION TO EXCLUDE THE
CREATION OR TERMINATION OF DISTRIBUTION AND TRANSMISSION
CORRIDORS; FURTHER OPPOSING SENATE BILL 1048 AND HOUSE BILL
1055 AMENDING SECTION 403.511, F.S., OF THE FLORIDA ELECTRICAL
POWER PLANT SITING ACT, ENTITLED "EFFECT OF CERTIFICATION", AND
SECTION 403.531, F.S., OF THE FLORIDA ELECTRIC TRANSMISSION LINE
SITING ACT, ENTITLED "EFFECT OF CERTIFICATION", REQUIRING THE
CONSIDERATION OF A CERTAIN VARIANCE STANDARD WHEN INCLUDING
CONDITIONS FOR THE CERTIFICATION OF AN ELECTRICAL POWER
PLANT OR A PROPOSED TRANSMISSION LINE CORRIDOR AND
CLARIFYING THAT THE PUBLIC SERVICE COMMISSION HAS EXCLUSIVE
JURISDICTION TO REQUIRE UNDERGROUND TRANSMISSION LINES;
DIRECTING THE CITY MANAGER TO ADD TO THE CITY'S 2017
LEGISLATIVE PRIORITIES OPPOSITION, INCLUDING PROPOSING AND
SUPPORTING FAVORABLE AMENDMENTS, FOR SAID AMENDMENTS;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS NAMED HEREIN.
SPONSOR(S): Tomas Regalado
WHEREAS, Senate Bill 1048, introduced by Senator Tom Lee, and House Bill 1055, co-
sponsored by Representatives Clay Ingram and Bobby Payne, propose amendments to Section
163.3221, Florida Statutes ("F.S."), of the Florida Local Government Development Agreement
Act, entitled "Florida Local Government Development Agreement Act; definitions", and
amendments to Section 380.04, F.S., of The Florida Environmental Land and Water
Management Act of 1972, entitled "Definition of development", revising the definition of the term
"development" to exclude work by certain utility providers on utility infrastructure on certain
rights -of -way or corridors and revising the definition to exclude the creation or termination of
distribution and transmission corridors; and
WHEREAS, Senate Bill 1048 and House Bill 1055 also propose amendments to Section
403.511, F.S., of the Florida Electrical Power Plant Siting Act ("PPSA"), entitled "Effect of
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File ID: 2042 Enactment Number: R-17-0134
certification", and Section 403.531, F.S., of the Florida Electric Transmission Line Siting Act
("TLSA"), entitled "Effect of certification", requiring the consideration of a certain variance
standard when including conditions for the certification of an electrical power plant or a
proposed transmission line corridor and clarifying that the Florida Public Service Commission
has exclusive jurisdiction to require underground transmission lines; and
WHEREAS, the Florida Third District Court of Appeal ("Third DCA") held in Miami -Dade
County, et al. vs. Florida Power & Light Co., et al., Case No. 3D14-1467, that the Florida State's
Siting Board ("Siting Board") failed to apply the City of Miami's ("City") applicable land
development regulations and that the Siting Board had the authority to require Florida Power &
Light Company ("FPL") to install the transmission lines underground at FPL's expense; and
WHEREAS, the purpose of local land use and development regulations is to protect the
health, safety, and welfare of a local government's residents; and
WHEREAS, the stated intent of PPSA is to ensure that the location and operation of
electrical power plants will produce minimal adverse effects on human health, the environment,
the ecology of the land and its wildlife, and the ecology of state waters and their aquatic life, and
will not unduly conflict with the goals established by the applicable local comprehensive plans;
and
WHEREAS, the stated intent of the TLSA is to ensure that the location of transmission
line corridors and the construction, operation, and maintenance of electric transmission lines will
produce minimal adverse effects on the environment and public health, safety, and welfare; and
WHEREAS, Senate Bill 1048 and House Bill 1055 seek to unravel every holding of the
Third DCA and to change the current state of the law as it relates to right-of-way corridors,
variances for local land use and development regulations, and give the Florida Public Service
Commission the exclusive authority to order utilities to bury transmission lines; and
WHEREAS, the Third DCA's opinion was more than just a "plain language" interpretation
of the law because it ensured that utility companies comply with local land use and development
regulations so that Florida residents are not adversely affected by the location and operation of
power plants, or the location of transmission corridors and the construction, operation, and
maintenance of electric transmission lines; and
WHEREAS, Senate Bill 1048 and House Bill 1055 seek to limit or eliminate the ability of
local governments to protect the City's residents through reasonable local land use and
development regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby opposes Senate Bill 1048 and House Bill 1055
amending Section 163.3221, F.S., of the Florida Local Government Development Agreement
Act, entitled "Florida Local Government Development Agreement Act; definitions", and Section
380.04, F.S., of The Florida Environmental Land and Water Management Act of 1972, entitled
"Definition of development", which revise the definition of the term "development" to exclude
work by certain utility providers on utility infrastructure on certain rights -of -way or corridors and
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File ID: 2042 Enactment Number: R-17-0134
revising the definition to exclude the creation or termination of distribution and transmission
corridors.
Section 3. The City Commission further opposes Senate Bill 1048 and House Bill 1055
amending Section 403.511, F.S., of the Florida Electrical Power Plant Siting Act, entitled "Effect
of certification", and Section 403.531, F.S., of the Florida Electric Transmission Line Siting Act,
entitled "Effect of certification", which requires the consideration of a certain variance standard
when including conditions for the certification of an electrical power plant or a proposed
transmission line corridor and clarifying that the Public Service Commission has exclusive
jurisdiction to require underground transmission lines.
Section 4. The City Commission hereby directs the City Manager to add opposition of
these legislative amendments, including proposing and supporting favorable amendments, to
the list of the City's 2017 Legislative Priorities.
Section 5. The City Clerk is directed to transmit a certified copy of this Resolution to
Governor Rick Scott, President of the Senate Joe Negron, Speaker of the House Richard
Corcoran, Senator Tom Lee, Representatives Clay Ingram and Bobby Payne, and members of
the Miami -Dade County Legislative Delegation.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 3/27/2017
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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