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RESOLUTION URGING THE FLORIDA LEGISLATURE TO EXPAND THE QUALIFYING IMPROVEMENTS THAT MAY BE FINANCED THROUGH PROPERTY ASSESSED CLEAN ENERGY PROGRAMS TO ADD SEAWALL IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO, SEAWALL REPAIRS AND REPLACEMENTS

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WHEREAS, Property Assessed Clean Energy (PACE) programs provide additional ways that property owners can finance certain improvements to their real property, and PACE programs have been used around the country to finance property improvements such as solar panels, hurricane windows, and energy efficiency measures; and
WHEREAS, through PACE in Florida, property owners can opt into a special assessment district for PACE to finance certain property improvements, and the financing is repaid over time through a non ad-valorem assessment on the owner�s property tax bill; and
WHEREAS, PACE financing may be available to individuals who own property but nevertheless may have poor credit or have other difficulties in obtaining more traditional financing from a bank, and in some cases PACE financing may be available more quickly than traditional financing; and
WHEREAS, only certain improvements qualify for PACE financing pursuant to section 163.08, Florida Statutes, namely, energy conservation and efficiency improvements, renewable energy improvements, and wind resistance improvements; and
WHEREAS, in Miami-Dade County, some properties abut water bodies such as Biscayne Bay and canals connecting to Biscayne Bay, and many such properties use seawalls to protect their properties from erosion and other damage that could be caused by water; and
WHEREAS, seawalls need periodic maintenance and repairs, and in some cases, seawalls may need to be completely rebuilt and replaced; and
WHEREAS, if a property has a poorly maintained or crumbling seawall, that property can experience greater effects from storms than if the seawall had been in better condition; and
WHEREAS, furthermore, a delay in making necessary seawall repairs may result in erosion to the property and even damage to the seawalls of neighboring properties; and
WHEREAS, replacing older seawalls with new construction could allow property owners to utilize updated design criteria that may make their waterfront property more resilient; and
WHEREAS, if seawall improvements were added to the list of qualifying improvements in section 163.08, this addition would allow property owners to avail themselves of PACE financing for seawall repairs and replacements; and
WHEREAS, this additional option for financing could help property owners to make needed improvements quickly to their seawalls and better protect their properties; and
WHEREAS, on February 20, 2019, this Board adopted Resolution No. R- 215-19 urging the Florida Legislature to amend section 163.08 to include seawall improvements during the 2019 or 2020 legislative sessions; and
WHEREAS, bills were filed for consideration during the 2020 legislative session, Senate Bill (SB) 770 by Jose Javier Rodriguez (D � Miami), and House Bill (HB) 365 by Representative Barbara Watson (D � Miami Gardens), but these bills did not pass; and
WHEREAS, this Board now wishes to urge the Florida Legislature to expand the list of qualifying improvements that may be financed through PACE to include seawall improvements, including, but not limited to, seawall repairs and replacements,
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 list in section 163.08, Florida Statutes, of qualifying improvements that may be financed through PACE programs to add seawall improvements, including, but not limited to, seawall repairs and replacements.
Section 2. Directs the Clerk of the Board to transit 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 3. 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 amend the 2021 State Legislative Package to include this item.