Legislative Matter

Miami-Dade Legislative Item
File Number: 130266

Clerk's Official Copy

File Number: 130266

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-51-13

Control: Board of County Commissioners

File Name: SOUTHEAST FLORIDA REGIONAL CLIMATE COMPACT

Introduced: 2/8/2013

Requester: NONE

Cost:

Final Action: 1/23/2013

Agenda Date: 1/23/2013

Agenda Item Number: 11A11

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 122473.

Title:

RESOLUTION SUPPORTING THE 2013 STATE & FEDERAL LEGISLATIVE PROGRAM OF THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT; INCORPORATING THE COMPACT’S LEGISLATIVE PROGRAM INTO MIAMI-DADE COUNTY’S 2013 FEDERAL AND STATE LEGISLATIVE PACKAGE (SEE ORIGINAL ITEM UNDER FILE NO. 122473)

Indexes:

CLIMATE CHANGE

Sponsors:

Sally A. Heyman, Prime 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

County Attorney	2/8/2013		Assigned	Jess M. McCarty

Board of County Commissioners	1/23/2013	11A11 AMENDED	Adopted as amended				P
REPORT:	Commissioner Heyman noted this resolution pertains to the 2013 Energy and Climate State and Federal Legislative Program developed by the South East Florida Regional Climate Change Compact, and was placed on the agenda by Assistant County Attorney Jess McCarty and the Office of Sustainability. She noted the Compact is a regional group made up of Miami-Dade, Broward, Palm Beach, and Monroe Counties. It was moved by Commissioner Heyman that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Edmonson, followed by discussion. Commissioner Diaz noted although he had no issues with this item, he requested it be placed on the Pull List to discuss the previous decision of the Board not to add more items to the Legislative Package agenda because it was full; however, he understood that Jess McCarty wanted this item to be included in this year’s Legislative Package. In response to Chairwoman Sosa’s inquiries regarding the process and which department requested this item be sponsored by Commissioner Heyman, Assistant County Attorney Jess McCarty clarified that the item came from the other counties participating in the Compact, and that Miami-Dade County took no position on it. He affirmed that the Office of Intergovernmental Affairs requested the item be sponsored by Commissioner Heyman. Vice Chair Bell noted she supported this resolution, but opposed a ban on coal as a fuel diversity option, because of the technology that existed to extract coal in a clean way. She read into the record, the following statement from the Director of Homestead Energy Services Electric Utility: “I am opposed to any blanket statement opposing the use of coal as fuel for electricity generation or the prohibition of new coal firing units. While burning coal does present challenges, technology exists to use it in an environmentally responsible manner. Currently, Florida is heavily dependant on natural gas as a fuel choice for electric generation, which is a very good low price option. But, at this time the price is relatively low, and historically, it has experience a lot of price volatility. Should natural gas prices rise again to the level reached several years ago, Florida utilities will have little choice but to continue using it, if there is no fuel diversity available.” Vice Chair Bell noted she was absolutely opposed to an outright ban on coal, and supported legislation mandating the best use of controlled technology available for burning coal in a clean way. She requested this resolution be amended to remove the language calling for an outright ban on coal, and replace it with the use of existing or new technology to extract coal in a clean way, as an option. Chairwoman Sosa directed a question to Director Joe Rasco from the Office of Intergovernmental Affairs (OIA) regarding whether his office requested this item be placed on the agenda of the Legislative Package. Mr. Rasco responded that the request specifically came from the Office of Sustainability. Chairwoman Sosa asked whether this item would just be added to the 2013 Legislative Package or would it be included as a priority of Miami-Dade County. Mr. Mark Woerner, Assistant Director, Metropolitan Planning Division of the Regulatory and Economic Resources (RER) Department, noted for the past three years, the Compact has developed an Annual State and Federal Energy and Climate Legislative Program, and staff wanted to ensure it was included in the larger legislative package this year. He said the language in question was copied, almost verbatim, from the language in the 2012 package. Responding to Vice Chair Bell’s concern, Commissioner Heyman noted this item was part of a regional plan that included coordinated mitigation and adaption strategies for regional climate changes, and was not a mandate, but a guide with options for each county to voluntarily align its own plans with, if they chose to. She said that staff was remiss in submitting it timely and wanted it included in the larger legislative package. She also noted she preferred the item be submitted as is, without the amendment, because it was almost identical in language to the plan included in the 2012 legislative package. Vice Chair Bell pointed out that County staff signed off on this document, which meant the County agreed to the recommendations and polices listed on page 6, including one that opposed legislation and incentives to facilitate the construction and expansion of coal-fired electric generation within the State of Florida. She said all she was asking for was that this language be deleted, and that it be substituted with language supporting technologies for clean burning coal as a fuel diversity strategy. Commissioner Heyman said she would yield to the Office requesting her sponsorship, to respond to the requested amendment. Mr. Woerner noted the change requested by Vice Chair Bell could be accomplished; however, he did not know whether the same language would be included in the plan acted on by the other counties participating in the Compact. Chairwoman Sosa clarified that although the tri-counties worked together, Miami-Dade was responsible for its own plan. She asked whether the amendment proposed by Vice Chair Bell would create any inconsistencies in this plan. Mr. Woerner said no and that the amended language could be accommodated. Chairwoman Sosa asked if the proposed amendment was acceptable to the sponsor, to which Commissioner Heyman replied that she accepted it. Hearing no further comments or questions, the Board adopted the foregoing proposed resolution as amended to remove the language pertaining to Electric Generation Fuels that OPPOSES policies, legislation and incentives designed to facilitate the construction or expansion of coal-fired electric generation within the State of Florida, from handwritten page 6, under the section entitled "2013 State Policies" and replace it with a policy that SUPPORTS clean coal burning technology, as requested by BCC Vice Chair Bell.

Legislative Text

TITLE
RESOLUTION SUPPORTING THE 2013 STATE & FEDERAL LEGISLATIVE PROGRAM OF THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT; INCORPORATING THE COMPACT�S LEGISLATIVE PROGRAM INTO MIAMI-DADE COUNTY�S 2013 FEDERAL AND STATE LEGISLATIVE PACKAGE

BODY

WHEREAS, Florida is considered one of the most vulnerable states to the consequences of climate change, with Southeast Florida on the front line to experience the impacts of climate change, especially sea level rise; and
WHEREAS, Southeast Florida, through its regional state agencies, county and municipal governments, must give significant consideration to strategies designed to protect public infrastructure, property, water resources, natural areas and native species, and basic quality of life; and
WHEREAS, on December 1, 2009, this Board approved Resolution No. R-1388-09 joining with Broward, Monroe and Palm Beach Counties (the �Compact Counties�) to form the Southeast Florida Regional Climate Change Compact (the �Compact�) to collaborate in formulating an appropriate response to the regional challenges climate change poses; and
WHEREAS, the Compact calls for the development of joint state and federal policies representative of shared challenges and priorities related to climate change, and to advocate for increased state and federal funding for mitigation and adaptation projects; and
WHEREAS, the Compact Counties have jointly developed a draft 2013 State and Federal Energy and Climate Legislative Program, a copy of which is attached and incorporated by reference; and
WHEREAS, this Board desires to support the 2013 State and Federal Energy and Climate Legislative Program,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Supports the Southeast Florida Regional Climate Change Compact Counties� 2013 Energy & Climate State & Federal Legislative Program.
Section 2. Urges Congress and the Florida Legislature to enact the policies set forth in the Compact Counties� 2013 Energy & Climate State & Federal Legislative Program.
Section 3. Directs the County's federal and state lobbyists to advocate for the Compact Counties� 2013 Legislative Program, and authorizes and directs the Office of Intergovernmental Affairs to amend Miami-Dade County�s 2013 Federal and State Legislative Package to include the Compact Counties� 2011 Legislative Program.
Section 4. Directs the Office of Intergovernmental Affairs and the County's federal and state contract lobbyists to coordinate efforts with their counterparts in Broward, Monroe and Palm Beach Counties in pursuing the Compact Counties� 2013 Legislative Program.
Section 5. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Florida Congressional Delegation, the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 6. The provisions of this resolution shall only be effective if the other three Compact Counties approve the Compact Counties� 2013 State and Federal Energy & Climate Legislative Program.