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File ID: #8577
Resolution
Sponsored by: Commissioner Alex Diaz de la Portilla
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA
LEGISLATURE TO ENACT HOUSE BILL 387 AMENDING THE "PROPERTY
ASSESSED CLEAN ENERGY PROGRAM" ("PACE") TO ASSIST PROPERTY
OWNERS WITH A FINANCING OPTION UNDER THE PACE PROGRAM FOR FLOOD
MITIGATION AND RESILIENCY IMPROVEMENTS; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED
HEREIN.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8577 Final Action Date:2/11/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA
LEGISLATURE TO ENACT HOUSE BILL 387 AMENDING THE "PROPERTY
ASSESSED CLEAN ENERGY PROGRAM" ("PACE") TO ASSIST PROPERTY
OWNERS WITH A FINANCING OPTION UNDER THE PACE PROGRAM FOR FLOOD
MITIGATION AND RESILIENCY IMPROVEMENTS; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED
HEREIN.
WHEREAS, in 2010, the Florida Legislature adopted provisions in Section 163.08,
Florida Statutes, that allow local governments to create Property Assessed Clean Energy
("PACE") programs for residents and businesses by providing financing for energy conservation
and efficiency (e.g., energy -efficient heating, cooling, or ventilation systems), renewable energy
(e.g., solar panels), wind resistance (e.g., impact resistant windows), and other improvements
that are not inconsistent with State law; and
WHEREAS, through the existing PACE program, the State of Florida ("State"), residents,
and businesses can reduce their carbon footprint and energy costs and local economies are
benefitted by the stimulation of construction and contractor jobs; and
WHEREAS, on January 22, 2021, House Bill 327 ("HB 327") was filed for consideration
during the Florida Legislature's 2021 session by House Representative Randy Fine; and
WHEREAS, the HB 327 includes revising legislative intent regarding the types of
improvements that qualify for specified financing under the PACE Program, specifying that a
property owner may apply to a PACE program for certain new important purposes such as flood
and water damage mitigation and resiliency improvements, and providing that costs incurred by
the PACE program may be collected as a non -ad valorem assessment; and
WHEREAS, the City of Miami ("City") is a low-lying area, facing flood risk from high
tides, storms, hurricanes, and sea level rise, with 18,343 buildings, or 25.4% of all buildings in
the City, classified as being located in the FEMA Special Flood Hazard Area; and
WHEREAS, 2,423 buildings, or 13.2% of all existing buildings in the City, were built prior
to the first Flood Insurance Rate Maps ("FIRM") that have progressively required higher
elevation building to reduce flood risk; and
WHEREAS, of the fifty (50) miles of seawalls in the City built to protect areas of human
habitation along the coast against tides, waves, and sea level rise, only ten (10) miles are
publicly owned, meaning that most of the responsibility for replacing seawalls in disrepair and
low elevation falls on the private homeowner and additional financing mechanisms are needed;
and
WHEREAS, on December 14, 2017, the City Commission passed Resolution No. R-17-
0612, which authorized the City to join the PACE program and authorized the City to enter into
agreements with the Green Corridor Clean Energy Property Assessed District and the Florida
PACE Funding Agency to implement the program in the City; and
WHEREAS, on December 13, 2018, the City Commission passed Resolution No. R-18-
0565 authorizing the City to join the American Flood Coalition which advocates for policy
changes, funds, and incentives to address flooding and sea level rise; and
WHEREAS, on September 24, 2020, the City Commission passed Resolution No. R-20-
0292 adopting the Unified Regional Sea Level Rise Projection — 2019 update of the Southeast
Florida Regional Climate Compact, which projects sea level rise impacts of 10 to 17 inches by
2040 and 21 to 54 inches by 2070; and
WHEREAS, while the City Commission has adopted numerous resilient standards for
new construction, the existing building stock including historic districts can greatly benefit from
the PACE program as an alternative financing mechanism for flood mitigation and resiliency
improvements; and
WHEREAS, the City, along with Miami -Dade County ("County") and Miami Beach
("Beach"), is implementing Resilient305, a shared strategy to address resilience challenges
prioritized through intergovernmental and community collaboration; and
WHEREAS, resilient housing and financing are key priorities within the strategy and
enacting HB 387 would benefit property owners that need funding to prevent and minimize flood
damage; and
WHEREAS, Greater Miami and the Beaches, a unique partnership of the City, the
County, and the Beach, strongly supports enacting HB 387 to help address one of our region's
most significant challenges of flooding and sea level rise; and
WHEREAS, the State should expand the PACE program to assist property owners with
raising and reinforcing sea walls and other infrastructure and improvements that mitigate flood
risk, which may include raising a structure above base flood elevation, repairing or building
seawalls, using flood damage resistant materials, and making improvements to mechanical or
electrical systems; and
WHEREAS, the City Commission hereby urges the Florida Legislature to enact HB 387
amending the PACE program to provide financial assistance for property owners to assist them
with retrofitting their properties to reduce flood risk;
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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby urges the Florida Legislature to enact HB 387
amending the PACE program to provide financial assistance for property owners to assist them
with retrofitting their properties to reduce flood risk.
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:
Barnaby I_. Min, Deputy City Attorney 2/2/2021