A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 856, AND ITS RELATED BILL, HOUSE BILL 839, BOTH OF WHICH SEEK TO PREEMPT LOCAL GOVERNMENT REGULATION OF ENERGY INFRASTRUCTURE; AND DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE PRESIDENT OF THE FLORIDA SENATE and THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES.

The Administration recommends adoption of the Resolution.

The City of Miami Beach has passed multiple resolutions and ordinances with the goal to reduce energy use. These include:

• Electric Vehicle Parking Ordinance (January 13, 2016) – Requires all new construction to provide the electrical infrastructure for at least level 2 charging stations.  
• Sustainability and Resiliency Ordinance (February 10, 2016) – Requires all new construction over 7,000 square feet to acquire Leadership in Energy and Environmental Design (LEED) Gold or Living Building Challenge certification. 
• Property Assessed Clean Energy Ordinance (June 8, 2016) - Establishes the P.A.C.E. program and authorizing the City to join the Clean Energy Green Corridor Program.
• Sierra Club’s #readyfor100 Campaign Resolution (May 17, 2017) – Supports joining 100 cities across the United States to set a target of 100% clean energy and urging the 2017 U.S. Conference of Mayors’ participants to commit to 100% renewable energy.
• Sustainable Roofing Systems & Renewable Energy Systems Ordinance (September 25, 2017) - Waives fees charged related to Land Use Board approval of sustainable roofing systems and renewable energy systems.
• Photovoltaic Building Permit Fees Ordinance (December 13, 2017) – Waives fees for photovoltaic building permit fees.
• Urban Heat Island Ordinance (March 19, 2019) – Requires measures to reduce the heat island effect, such as requiring all new construction to have sustainable roofs.

The City of Miami Beach has been taking steps to aggressively address climate change, expand renewable energy adoption and reduce the community's carbon emissions.  The City is an urban leader in undertaking and responding to the actual and measurable impacts of climate change by amending building and land development codes to increase resiliency standards. The City’s Code provides incentives to renewable energy; supports the extension of the City’s electric vehicles (EV) changing stations network; and requires a new generation of more energy efficient, water efficient and sustainable buildings, that decreases the urban heat island effect. 

In addition, the City has completed annual citywide and government operations regarding  GHG emissions inventories; streamlined the permitting process for solar and EV charging stations installations; and provided a Property Assessed Clean Energy (PACE) Program for residents and businesses to assist financing for energy efficient retrofits, as well as the installation of solar panels.

Senate Bill 856 preempts 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”.

On January 29, 2021, the Bill was filed. On February 18, 2021, it was referred to the Environment, Agriculture & Flooding Subcommittee; Tourism, Infrastructure & Energy Subcommittee; and State Affairs Committee.

If enacted, Senate Bill 856 grants authority related to energy infrastructure to the State and prevents local governments from implementing any law, ordinance, regulation, policy or resolution that prohibits, restricts, or requires, or has the effect of prohibiting, restricting or requiring, the construction of new or the expansion, upgrading, or repair of existing energy infrastructure; or from imposing requirements more stringent than the State law. Furthermore, this Bill would void any prior local policy, ordinance, or resolution in violation.

Therefore, this Bill may prevent local governments from the following:

• developing local land-use and zoning policies pertaining to where energy infrastructure is sited, including fossil fuel production, processing, transmission, and distribution facilities
• enacting and implementing climate action plans or other policies that include requirements or mandates
• 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, EV supply equipment, and electric heat pumps)
• 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

This Bill can have detrimental effect on Florida’s GHG emissions reduction work, and consequently, affect the Country and Miami Beach’s ability to significantly improve energy efficiency, support renewable energy and mitigate towards climate change.

Less than half of Miami Beach residents are satisfied with the City’s efforts to be a green or sustainable city. Reducing greenhouse gas (GHG) emissions is an important step to increasing satisfaction.

The Administration recommends adoption of the Resolution.