Miami-Dade Legislative Item
File Number: 060870
Printable PDF Format Download Adobe Reader  

File Number: 060870 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: County Commission
File Name: EMERGENCY RESPONSE PLAN FROM GAS STATIONS Introduced: 3/20/2006
Requester: NONE Cost: Final Action:
Agenda Date: 3/21/2006 Agenda Item Number: 7BSUBSTITUTE
Notes: SEE 060924 FOR FINAL VERSION AS ADOPTED 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 [SEE ORIGINAL ITEM UNDER FILE NO. 053082]
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 SUBSTITUTE Amended
REPORT: See Agenda Item 7B Substitute Amended, Legislative File Number 060924, for amended version.

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

County Manager 3/20/2006 Additions 3/21/2006

Community Outreach, Safety & Healthcare Admin Cmte 3/15/2006 2A AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Eugene Shy read the foregoing proposed ordinance into the record. Chairwoman Sosa noted a statewide initiative was underway regarding this ordinance. She asked Mr. Palestrant to provide input regarding this ordinance. Interim Director Robert Palestrant, Office of Emergency Management (EOM), appeared before the Committee. He noted he believed this was a positive initiative and the EOM was developing a plan of action to ensure that all gas stations in the County complied with this initiative. He noted any subsequent state initiative would supercede this initiative. It was moved by Commissioner Souto that the foregoing proposed ordinance be forwarded to the BCC with a favorable recommendation. This motion was seconded by Commissioner Diaz for discussion. Commissioner Jordan asked that this ordinance be amended to include grants or low interest forgivable loans as a funding mechanism for “mom and pop” gas stations wishing to participate in this initiative. Chairwoman Sosa asked that the amendment include language asking the State to set aside funding to assist counties with this initiative and to provide that the County’s federal and state lobbyists lobby on behalf of the County’s effort. Chairwoman Sosa questioned the County Attorney as to whether funding must be set aside in the County’s budget to fund this initiative, if approved. Assistant County Attorney Hugo Benitez recommended this proposed ordinance be amended to include language that the County Manager explore grants for gas stations as well as alternate funding sources and report back to this board within 90 days with recommendations for exempting out and for providing these kinds of programs and making that part of an administrative order that implements this ordinance. Commissioner Jordan asked that this ordinance be amended, as recommended by Assistant County Attorney Benitez. Commissioner Diaz asked that this ordinance also be amended to provide for the deployment of non-essential personnel to assist with gas station inspections during a natural disaster. The forgoing proposed ordinance was forwarded to the BCC with a favorable recommendation with Committee amendment(s) to include the following language: “The County Manager shall make recommendations to this Board for a grant, low interest or interest free program to defray the additional costs of implementing this program…the recommendations shall identify alternate funding sources and shall be set forth in an administrative order to be considered for adoption by this Board within ninety (90) days from the effective date of this ordinance;” and to include a provision for the deployment of non-essential personnel to assist with gas station inspections during a natural disaster. Chairwoman Sosa asked Assistant County Manager Susanne Torriente to prepare the appropriate memorandum requesting that the County Commission’s Chairman Joe A. Martinez waive the Committee’s rules and allow the foregoing resolution to be heard at the March 21, 2006 BCC meeting.

Community Empowerment & Econ. Revitalization Cmte. 3/14/2006 2B AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Responding to Commissioner Diaz’ comments regarding the State of Florida statutes for opening of gas stations 36 hours after a disaster, Assistant County Manager Cynthia Curry noted that staff would have to respond to his comments when they arrive to today’s Committee meeting. Responding to Commissioner Sorenson’s comments pertaining to State legislation, Assistant County Attorney McCarty stated there were several House and Senate Bills, and the Senate Bill heard last week would preempt local regulations in this area entirely. Commissioner Sorenson recommended that the County wait for the outcome of those bills before the County implement any local ordinance due to it being a statewide issue. She suggested the deferral of the foregoing proposed ordinance. Commissioner Diaz noted that the Board of County Commission Chairman Joe A. Martinez desired that the foregoing item be forwarded for consideration by the full Board. Commissioner Jordan pointed out that the BCC Chairman also expressed a concern that the State would pass legislation which would limit our local ability to strengthen the opportunity to have gas stations open. Although, it may not be proactive the County should try to defeat or get an amendment to the legislation that would state the County had the authority to strengthen the legislation if it passes. Commissioner Jordan noted after the hearing the discussion held earlier at the Infrastructure and Land Use Committee from the Building Department regarding the cost to have generators. She expressed that she would support the item with a recommendation or an amendment to the foregoing proposed ordinance to include a grant for Mom and Pop gas stations. Commissioner Sorenson noted that the small numbers of employees who worked at these gas stations and the requirement for these employees to report to work following a disaster. Responding to Commissioner Sorenson’s comments, Chairman Rolle noted that the foregoing ordinance does not address the daily operations during a disaster. The Committee deferred further discussions on the foregoing ordinance until a representative from the Office of Emergency Management arrive at today’s meeting. Later in the meeting the Committee resumed its consideration on the foregoing proposed ordinance. Commissioner Diaz noted the proposed House/Senate bill states that the facility must have such as alternative generated power source available for operation no later than 36 hours after a major disaster as defined. He concluded by stating that his concern was the County should identify alternatives to give credit to gas stations that provided the initiatives outlined in the bill. Assistant County Attorney McCarty advised the Committee that if this ordinance was adopted by the full Board it would become null and void at time the State law becomes effective. Discussion ensued between Committee members and Assistant County Attorney McCarty regarding pre-emption of the foregoing proposed ordinance and identifying local options within the pre-emption to be more restrictive in certain cases than what the State may require. Commissioner Gimenez provided an overview of the intent of the foregoing proposed ordinance would require gas stations to have an Emergency Response Plan and to provide uninterrupted operation of all fuel pumps within 24 hours following the declaration of a local state of emergency. Responding to Commissioner Gimenez’ comments regarding the possibility of allowing gas station to charge 10 cents more for gas to recoup the cost for generators, Assistant County Attorney McCarty stated that the gouging laws would need to be reviewed prior to preparing or enacting any legislation offered by Commissioner Gimenez. Commissioner Jordan offered an amendment to the foregoing proposed ordinance to include a grant or forgiven able low interest loans for Mom and Pop gas stations located in the incorporated and unincorporated areas of Miami-Dade County with standards or recommendations from staff on what qualifies a Mom and Pop gas station based on size of station. She asked that these recommendations come back to the Board prior to implementation. The Committee proceeded to vote on the foregoing proposed ordinance as amended by Commissioner Jordan. Responding to Commissioner Diaz’ comments on how do the County determine if a gas station was operable following after a disaster, an unidentified representative from the Office of Emergency Management, appeared and informed the Committee the Miami-Dade Fire Rescue Department (MDFR) as part of their inspection permitting process for gas stations would conduct a post-disaster inspection. She noted that the MDFR should develop and implement post-disaster inspections. Commissioner Diaz requested that the foregoing language noted by the OEM representative be presented to the full Board for consideration as a proposed amendment to the foregoing proposed ordinance. Assistant County Manager Cynthia Curry advised the Committee that the Board of County Commission (BCC) Chairman Joe A. Martinez has requested that the foregoing proposed ordinance and Agenda Item 3A be heard at the March 21, 2006, BCC meeting. Chairman Rolle asked Assistant County Manager Curry to prepare the appropriate memorandum requesting that the BCC Chairman Martinez waive the Committee’s rules and allow the foregoing ordinance to be heard at the March 21, 2006, BCC meeting. Hearing no further questions or comments, the Committee by motion duly made, seconded and carried, voted to forward the foregoing proposed resolution as amended to include the following language as follows: (1) “…The County Manager shall make recommendation to this Board for a grant, low interest or interest free program to defray the additional costs of implementing this program by qualified recipients and that the recommendation required in this subsection shall be set forth in an administrative order to be considered for adoption by this Board within ninety (90) days from the effective date of this ordinance. (2) “…To insure compliance, an inspection process and review standards, including provisions for providing expedited post-disaster inspections, shall be set forth in an administrative order to be considered for adoption by this Board within ninety (90) days from the effective date of this ordinance.

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. To insure compliance, an inspection process and review standards, including provisions for providing expedited post-disaster inspections, shall be set forth in an administrative order to be considered for adoption by this Board within ninety (90) days from the effective date of this ordinance
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. The County Manager shall make recommendations to this Board for a grant, low interest or interest free program to defray the additional costs of implementing this program by qualified recipients. The recommendation shall identify funding including any available from the State of Florida, FEMA or other federal sources. The criteria for exemption and the recommendations required in this subsection shall be set forth in an administrative order to be considered for adoption by this Board within ninety (90) days from the effective date of this ordinance.
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.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.