Miami-Dade Legislative Item
File Number: 053082
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File Number: 053082 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: County Commission
File Name: EMERGENCY RESPONSE PLAN FROM GAS STATIONS Introduced: 12/22/2005
Requester: NONE Cost: Final Action:
Agenda Date: 3/21/2006 Agenda Item Number: 7B
Notes: Title: ORDINANCE REQUIRING EMERGENCY RESPONSE PLAN FROM GAS STATIONS LOCATED IN THE INCORPORATED AND UNINCORPORATED AREAS FOR THE PROVISION OF FUEL DURING A LOCAL STATE OF EMERGENCY; PROVIDING FOR MINIMUM CONTENTS OF THE PLAN INCLUDING THE REQUIREMENT OF THE UNINTERRUPTED SUPPLY OF POWER; PROVIDING FOR APPROVAL BY THE DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR EXEMPTIONS FOR LIMITED PERIODS; ESTABLISHING PENALTIES AND ENFORCEMENT PROCEDURES, AMENDING CHAPTERS 8B AND 8CC OF THE CODE, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: NONE
Sponsors: Joe A. Martinez, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/23/2006 7B Withdrawn
REPORT: See Agenda Items 7B Substitute and 7B Substitute Amended, Legislative File Numbers 060870 and 060924, respectively.

Board of County Commissioners 3/21/2006 7B Carried over 3/23/2006
REPORT: Second reading scheduled for 3-23-06.

Community Outreach, Safety & Healthcare Admin Cmte 3/15/2006 2A Amended
REPORT: (See Agenda Item 2A Amended; Legislative file No. 060870 for the amended version.)

Community Empowerment & Econ. Revitalization Cmte. 3/14/2006 2B Amended
REPORT: See Agenda Item 2B Amended, Legislative File No. 060870 for the amended version.

County Attorney 2/28/2006 Referred Community Outreach, Safety & Healthcare Admin Cmte 3/15/2006

County Attorney 2/28/2006 Referred Community Empowerment & Econ. Revitalization Cmte. 3/14/2006

Community Outreach, Safety & Healthcare Admin Cmte 2/15/2006 2I Forwarded to BCC without a recommendation P
REPORT: Assistant County Attorney Daron Fitch read the foregoing ordinance into the record. Chairwoman Sosa suggested since this ordinance was heard before every committee for discussion, that it be forwarded to the BCC after this Committee heard the public comments. She opened the public hearing and the following person(s) appeared: Mr. Eric Hamilton, Florida Petroleum Council, appeared before the Committee and offered further assistance should this ordinance be forwarded to a workshop. He recommended the Committee consider Senate Bill 858 which served as a good guide to follow. There being no other persons wishing to be heard in connection to this issue, the public hearing was closed. Hearing no discussion or comments, the Committee proceeded to vote.

Infrastructure and Land Use Committee 2/14/2006 3B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Joni Armstrong-Coffey read the foregoing proposed ordinance into the record. Chairwoman Seijas opened the public hearing and the following individuals appeared in opposition: Mr. Eric Hamilton, Florida Petroleum Council, who yielded to Mr. Micah and Mr. David Micah, Director, Florida Petroleum Council, 215 South Monroe Street, Suite 800 Tallahassee, Florida. Commissioner Gimenez referenced an incident wherein his friend had purchased a generator for his gas station at a much lower price than that presented by Mr. Micah. He noted the length of time it would take gas station owners to develop a plan for FEMA’s approval would need to be considered as well as costs. Mr. Al Cardinas, 1441 Brickell Avenue, appeared before the Committee and recommended that implementation of the foregoing proposed ordinance be deferred until it was determined whether the State would enact legislation regarding this issue. He pointed out the County needed to coordinate with emergency preparedness teams for the development of emergency corridors and installation of systems that withstand hurricane-force winds at gas stations. Commissioner Diaz recommended assigning a representative from Fire and Rescue to evaluate the feasibility of a gas station continuing operations after sustaining disaster related damages. He expressed his intention to meet with knowledgeable County staff to discuss these issues before this ordinance was presented before the full Commission. Concerned with the high costs involved, Commissioner Jordan recommended this ordinance be amended to allow “Mom and Pop” stations to “opt out” of this ordinance. She agreed there needed to be provisions regarding this matter and suggested a full workshop be held. Commissioner Gimenez asked the Assistant County Manager to provide Committee members with a map depicting the size and location of all gas station within the County. There being no other persons to appear in connection with the foregoing proposed ordinance, the public hearing was closed. Chairwoman Seijas asked that the County Manager ensure that no agenda item be submitted to two or three committees before being considered by the full Board.

Community Empowerment & Econ. Revitalization Cmte. 2/14/2006 3A Forwarded to BCC without a recommendation P
REPORT: Assistant County Manager Tony Crapp, Sr. read the foregoing proposed ordinance into the record. Chairman Rolle opened the public hearing. Mr. David Mikal (phonetic), Director, Florida Petroleum Council Trade Association, Division of the American Petroleum Institute representing the oil industry, appeared before the Committee and stated that there was a core necessity associated with back-up power that was essential to real emergency needs in a hurricane. He noted the foregoing issue would be addressed statewide because of its significance. Mr. Mikal noted the involvement of several Florida legislators who had sponsored bills regarding the foregoing ordinance. He asked that a workshop be scheduled and experts be available at the workshop to provide detailed information on noise associated with generators, zoning issues associated with setback, diesel fuel, power, permit costs and the timeframes for obtaining permits. Mr. Mikal (phonetic) concluded by stating that he looked forward to working with this Committee and the full Board to address this issue. Commissioner Sorenson stated that when the Board was discussing post-hurricane issues she initiated a resolution that the County would meet with the industry to review options as it related to the issue. Commissioner Sorenson stated the industry should present recommendations to the County. Commissioner Jordan stated she would propose at the full Board meeting that the foregoing proposed ordinance be referred to workshop. She also suggested an amendment that would allow Mom and Pop organizations to opt-out of the requirement to have an Emergency Response Plan. She concluded by stating that the foregoing ordinance should be forwarded with a recommendation to support the industry coming together to respond to the community needs and to conduct a broader discussion with the full Board on the item. Commissioner Souto expressed concern with the timeline for consideration of the foregoing ordinance and the approach of the hurricane season within the next three months. He urged the Committee to allow the industry to present a short-term plan in order to address the foregoing issue until a comprehensive plan could be developed. Following Commissioner Souto’s comments, Mr. Mikal (phonetic) pointed out that the industry and the County would work together to address this issue. He stated the industry supported the creation of designated service stations in certain areas. Chairman Rolle asked Assistant County Manager Carlos Bonzon to schedule a workshop as soon as possible to discuss this proposed ordinance. He noted appropriate language should be included to indicate how fuel would be provided to essential staff. Hearing no further questions or comments, the public hearing was closed and the Committee proceeded to vote on the foregoing proposed ordinance as presented. Following Commissioner Jordan’s comments regarding a potential amendment to the foregoing proposed ordinance, Assistant County Attorney Eric Rodriquez clarified in paragraph 10 of the ordinance that criteria may include size, volume and location of the gas station. He noted that the criteria would be presented in the form of a County’s Administrative Order.

County Manager 1/6/2006 Municipalities notified of public hearing Community Outreach, Safety & Healthcare Admin Cmte 2/15/2006 11/1/2005

County Manager 1/6/2006 Municipalities notified of public hearing Community Empowerment & Econ. Revitalization Cmte. 2/14/2006 11/1/2005

County Manager 1/6/2006 Municipalities notified of public hearing Infrastructure and Land Use Committee 2/14/2006 11/1/2005

County Attorney 1/6/2006 Referred Community Outreach, Safety & Healthcare Admin Cmte 2/15/2006

County Attorney 1/6/2006 Referred Community Empowerment & Econ. Revitalization Cmte. 2/14/2006

County Attorney 1/6/2006 Referred Infrastructure and Land Use Committee 2/14/2006

County Manager 11/2/2005 Additions 11/1/2005

County Attorney 11/2/2005 Assigned Hugo Benitez 11/2/2005

Board of County Commissioners 11/1/2005 14A1 Adopted on first reading P
REPORT: Following the introduction of the foregoing proposed ordinance, Chairman Martinez provided a report on the intent of the foregoing proposed ordinance. He noted that industry representatives did not provide input into the foregoing proposed ordinance because he asked the County Attorney to expedite the process to have the Board consider it on first reading. He said there would be ample opportunity for public hearing and debate in Committees. The foregoing proposed ordinance was subsequently scheduled for public hearing at the Infrastructure and Land Use Committee meeting of February 14, 2006, at 9:30 a.m., the Community Empowerment and Economic Revitalization Committee meeting of February 14, 2006, at 2:00 p.m., and the Community Outreach, Healthcare and Administration Committee meeting of February 15, 2006, at 2:00 p.m. The Board of County Commissioners took action on this item on November 3, 2005.

Legislative Text


TITLE
ORDINANCE REQUIRING EMERGENCY RESPONSE PLAN FROM GAS STATIONS LOCATED IN THE INCORPORATED AND UNINCORPORATED AREAS FOR THE PROVISION OF FUEL DURING A LOCAL STATE OF EMERGENCY; PROVIDING FOR MINIMUM CONTENTS OF THE PLAN INCLUDING THE REQUIREMENT OF THE UNINTERRUPTED SUPPLY OF POWER; PROVIDING FOR APPROVAL BY THE DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR EXEMPTIONS FOR LIMITED PERIODS; ESTABLISHING PENALTIES AND ENFORCEMENT PROCEDURES, AMENDING CHAPTERS 8B AND 8CC OF THE CODE, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, Hurricane Wilma made landfall in South Florida in the morning hours of October 24, 2005; and
WHEREAS, the hurricane created a serious crisis throughout the region involving the shortage of fuel; and
WHEREAS, fuel is an indispensable commodity, necessary for the transportation and emergency electrical power to serve hurricane victims and rescue and law enforcement personnel; and
WHEREAS, the shortage was the result of a power shortage which rendered inoperable a very large percentage of the gas stations in the region; and
WHEREAS the protection of this community requires that this situation not be repeated and these gas stations provide for an uninterrupted supply of alternate power sufficient to operate the pumps during times of emergency need; and
WHEREAS the Office of Emergency Management through its Director has been charged with the responsibility of performing emergency management functions within the territorial limit of Miami-Dade County; and
WHEREAS the coordinated planning of these efforts on a County-wide basis is in the best interest of the citizens of incorporated and unincorporated Miami-Dade County; and
WHEREAS these measures are essential to the protection of the safety of our community in the event of emergency conditions created by the recently experienced more active hurricane seasons, among others,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. Chapter 8B of the Code of Miami-Dade County is hereby amended by the addition of the following new section:

CHAPTER 8B - EMERGENCY MANAGEMENT

* * *

Sec. 8B-16 Planning related to gas stations.

1. This Section shall apply to gas stations located within incorporated or unincorporated Miami-Dade County. Gas station shall be defined in Section 33-1 (51) of this Code.
2. Gas stations are required to create and implement a plan in place to provide for the uninterrupted operation of all fuel pumps within twenty-four hours following the declaration of a local state of emergency pursuant to this Chapter (the "Gas Station Emergency Plan").
3. The Gas Station Emergency Plan shall document the gas station's ability to provide uninterrupted services not later than June 1, 2006 and shall provide, at a minimum:
(a) An alternate source of power to operate the pumps during periods of electrical outage (the "Alternate Source"). The Alternate Source shall be sufficient to operate all pumps during normal business hours and may involve one or more temporary or permanent fuel operated generators.
(b) In the event that the Alternate Source requires the installation of permanent equipment, a schedule showing the purchase or lease of the equipment and providing installation not later than June 1, 2006.
(c) In the event that the Alternate Source requires construction or otherwise the obtaining of a building permit, a schedule for obtaining a permit not later than March 1, 2006 and a certificate of occupancy not later than June 1, 2006.
(d) In the event that the Alternate Source requires the delivery of generators from off-site facilities, evidence of the availability of such generators to the gas station, and for delivery to the site of those generators in reasonably foreseeable disaster conditions.
(e) A maintenance plan for any and all equipment related to the Alternate Source.
(f) Plans for the recall of gas station personnel essential to the task of dispensing essential fuel supplies.
(g) Identification of the owner, manager or person having operational control of the gas station and, if different, emergency contact personnel charged with implementing the Plan.
4. Each owner of a gas station shall deliver the required Gas Station Emergency Plan to the Director not later than February 1, 2006. For gas stations which are not in possession of a certificate of use and occupancy as of the effective date of this Section, the required Gas Station Emergency Plan shall be delivered to the Director not later than 90 days following the date of such certificate and shall provide for implementation within 180 days of submission of the plan.
5. The Director shall review each Gas Station Emergency Plan to determine in his or her discretion whether such plan complies with the requirement of this ordinance and otherwise provides for the protection of public safety by allowing for the distribution of fuel during disaster conditions.
6. The Director shall reject any Gas Station Emergency Plan within thirty (30) days of its submission by notifying the person identified in the plan. The Director shall wherever possible identify the reasons for rejection and provide an opportunity to cure. Failure to notify a rejection shall be deemed approval of the plan.
7. Gas stations shall at all times abide by the provisions of the approved Gas Station Emergency Plan, including any and all deadlines set forth in the approved schedule. The Gas Station Emergency Plan shall be in effect for a period of five (5) years and shall be binding on all subsequent owners and operators of the gas station. A new Emergency Gas Station Plan shall be submitted for approval not later than sixty (60) days prior to the expiration of the plan in effect.
8. In the event of any material change with respect to any of the provisions of the Gas Station Emergency Plan the revisions shall be communicated to the Director in writing, for the Director's approval, wherever possible in advance of the proposed change and in no event later than sixty (60) days following the adoption of the change.
9. Failure to abide by the provisions of this Section shall be punishable by civil fine in the manner established by Chapter 8CC of this Code, with each day of violation constituting a separate offense. The provisions of this Chapter shall also be enforceable through injunctive relief as a means of protection of the public interest through the exercise of the County's police power, and through any other means available at law.
10. The Director shall be entitled, in his or her discretion, to exempt a gas station from the requirements of this Section based upon criteria to be applied uniformly and approved by resolution of this Board. The criteria may include size, volume and location of the gas station.
11. This Section shall preempt and supersede any inconsistent municipal ordinance to the same effect.
12. Nothing in this Section shall be interpreted to curtail, impede or otherwise affect the discretionary authority of the County in the exercise of its police power, administrative or regulatory functions
Section 2. Chapter 8CC of the Code of Miami Dade County is hereby amended as follows:1
Chapter 8CC
CODE ENFORCEMENT
* * *
Sec. 8CC-10. Schedule of civil penalties.
* * *
Code Section Description of Violation Civil Penalty
>>8B-16 Failure to file or abide by Gas
Station Emergency Plan $500.00<<

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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