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RESOLUTION URGING THE FLORIDA LEGISLATURE TO EXPAND THE QUALIFYING IMPROVEMENTS THAT MAY BE FINANCED THROUGH PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAMS TO INCLUDE CONVERSION FROM SEPTIC TANKS TO SEWER SYSTEMS AND OTHER SEWAGE TREATMENT IMPROVEMENTS; PRELIMINARILY IDENTIFYING THIS ISSUE AS A STATE LEGISLATIVE PRIORITY FOR THE 2021 SESSION

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WHEREAS, numerous properties in Miami-Dade County are served by septic tanks and are not connected to the County�s sanitary sewer system; and
WHEREAS, this Board has consistently recognized the importance of converting properties in Miami-Dade County from septic tanks to sewer systems; and
WHEREAS, in November 2018, this Board received a report from the County Mayor, prepared in response to a request from this Board in Resolution No. R-911-16, which had directed the County Mayor to study various issues related to septic systems, and prepare a report with recommendations for this Board, together with ideas on how to facilitate the conversion of properties from septic systems to the sewer system; and
WHEREAS, the November 2018 report included estimates of high costs associated with various aspects of converting septic systems to the sewer system; and
WHEREAS, a Property Assessed Clean Energy (PACE) financing program is a financing structure through which property owners may voluntarily opt into a special assessment district to finance certain improvements and retrofits to real property, where that financing is repaid over time through a non ad-valorem assessment on the owner�s property tax bill; and
WHEREAS, section 163.08, Florida Statutes, provides that only certain kinds of improvements can qualify for PACE financing in Florida, and these qualifying improvements currently include energy conservation and efficiency improvements, renewable energy improvements, and wind resistance improvements; and
WHEREAS, sewage treatment improvements, such as the conversion of properties from septic tanks to sewer systems, are not currently eligible for PACE financing because they are not listed as qualifying improvements in section 163.08; and
WHEREAS, section 163.08 could be amended to expand the list of qualifying improvements to also include sewage treatment improvements, including the replacement of an onsite sewage treatment and disposal system with an advanced onsite sewage treatment system, as well as the replacement of an onsite sewage treatment and disposal system with a central sewerage system, together with the associated fees or charges to connect to said sewerage system; and
WHEREAS, adding these sewage treatment improvements to the PACE list of qualifying improvements would provide additional options for property owners to finance such sewage treatment improvements, and the availability of PACE financing may help some property owners who are unable to access other financing; and
WHEREAS, facilitating such sewage treatment improvements through PACE financing may increase the number of property owners who make such improvements to their property, and the corresponding reduction in older septic tank systems may result in significant benefits to water quality, particularly in Biscayne Bay; and
WHEREAS, on February 20, 2019, this Board adopted Resolution No. R-211-19, which urged the Florida Legislature to enact legislation during the 2019 session that would expand the qualifying improvements that may be financed through PACE programs to include conversion from septic tanks to sewer systems; and
WHEREAS, bills were filed for consideration during the 2019 legislative session, Senate Bill (SB) 282 by Senator Ben Albritton (R � Bartow), and House Bill (HB) 63 by Representative Ray Rodrigues (R � Fort Myers), but these bills did not pass; and
WHEREAS, on October 3, 2019, this Board adopted Resolution No. R-1108-19, which urged the Florida Legislature to enact legislation during the 2020 session that would expand the qualifying improvements that may be financed through PACE programs to include conversion from septic tanks to sewer systems; and
WHEREAS, as a result of Resolution No. R-1108-19, bills were filed for consideration during the 2020 legislative session, SB 770 by Senator Jose Javier Rodriguez (D � Miami), and HB 365 by Representative Barbara Watson (D � Miami Gardens), but these bills did not pass; and
WHEREAS, in furtherance of the County�s efforts to encourage and support property owners who wish to convert their properties from septic tanks to sewer systems, this Board now wishes to urge the Florida Legislature to expand the list of qualifying improvements for PACE to include sewage treatment improvements, and to preliminarily identify this issue as a state legislative priority for the 2021 session,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to expand the qualifying improvements that may be financed through PACE programs to include sewage treatment improvements, including the replacement of an onsite sewage treatment and disposal system with an advanced onsite sewage treatment system, as well as the replacement of an onsite sewage treatment and disposal system with a central sewerage system, together with the associated fees or charges to connect to said sewerage system.
Section 2. Preliminarily identifies this item as a state legislative priority for the 2021 session.
Section 3. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate President, the House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 4. Directs the County�s state lobbyists to advocate for the legislation described in section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2021 State Legislative Package.