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Item M9BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 9.2015_ Bulk Item: Yes No X Department: Legislative Affairs Staff Contact #: Lisa Tennyson 292444 AGENDA ITEM WORDING: Approval to accept the Southeast Florida Regional Climate Change Compact Counties 2016 State and Federal Energy and Climate Legislative Programs. ITEM BACKGROUND: One of the commitments established by the Compact is the annual development of joint legislative programs on climate and energy issues at both the state and federal level. Consequently, joint state and federal legislative programs have been developed and approved by all four Compact County commissions in 20I1, 2012, 2013, 2014 and 2015. Presently, the 2016 Compact programs, which were approved by the Staff Steering Committee on August 23, 2015, are under simultaneous consideration by all four Compact county commissions. Given the intergovernmental coordination process for approval of the Compact's legislative programs, Legislative Affairs has requested that staff present the Compact programs for Board consideration independent of the County's primary federal and state legislative program. This agenda item brings forward the 2016 Compact programs which build upon prior year's programs and include the following new policies and priorities: 2016 State Energy and Climate Legislative Program • A recurring line item appropriation in the State budget for matching funds for implementation of local government hazard risk reduction projects resulting from Adaptation Action Area designations or identified in coastal management plans pursuant to legislation passed during the 20I5 session. • Legislation requiring investor -owned utilities to offer a competitively —priced official rate for energy -efficient street lighting. • The dedication of a specific portion of funds generated by the Water and Land Conservation Amendment to Everglades restoration and protection. • Appropriations from the Water and Land Conservation Amendment to support the Florida Forever land acquisition program, the Florida communities Trust program, and management of public conservation lands. • Legislation prioritizing non-structural, nature -based investments in coastal protection and flood control. 2016 Federal Energy and Climate Legislative Program • Language in the federal transportation bill defining "resilience" and "vulnerability" to extreme weather events in the context of transportation planning, design, and investment. • Enactment of the Preparedness and Risk Management for Extreme Weather Resilience and Effectiveness Act (PREPARE Act) of 2015. • The explicit inclusion of resilience funding in the FEMA budget. PREVIOUS RELEVANT BOCC ACTION: • January20, 2010: BOCC approved the Southeast Florida Regional Climate Compact by Resolution 022 2010. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: NIA INDIRECT COST: NIA BUDGETED: Yes — No _ N!A X DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: NIA SOURCE OF FUNDS: REVENUE PRODUCING: lies No X AMOUNT PER MONTH YEAR APPROVED BY: County Atty OMB/Purchasing Risk Manaement g DOCUMENTATION: Inclu Not Required DISPOSITION: m AGENDA ITEM # Revised T04 i • 0 y 4, M1AMi=1MDF_ SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT COUNTIES 2016 STATE ENERGYAND CLIMATE LEGISLATIVE PROGRAM APPROVED BY THE STAFF STEERING COMMITTEE - 8/28/2095 APPROVAL Y THE FOUR t NTY COMMISSIONS IS PENDING Background Southeast Florida is one of the most vulnerable areas in the country to climate change and sea level rise. Recognizing their shared challenges, Palm Beach, Broward, Miami -Dade and Monroe counties ("Compact counties") adopted the Southeast Florida Regional Climate Change Compact ("Compact") in 2010. The Compact includes a commitment to develop and advocate for joint state and federal legislative policies. Accordingly, the Compact counties have adopted a State Energy and Climate Legislative Program each year since 2011. The following state policies and priorities form the Southeast Florida Regional Climate Change Compact Counties 2016 State Energy and Climate Legislative Program: Sea Level Rise and Adaptation OPPOSE any infringement on local home rule authority to plan for and adapt to future climate conditions, including sea level rise, changing precipitation patterns, and more extreme temperatures. SUPPORT greater incorporation of adaptation strategies in state climate/energy policies, legislation, and appropriations. SUPPORT legislation and policies requiring state agencies, water management districts, local governments, and industries regulated by the state (e.g. electric utilities) to consider projected sea -level rise, coastal flooding, and potential storm surge in all infrastructure and facility -siting decisions. SUPPORT legislation, programs, and funding that support local governments' adaptation activities, including the establishment and use of Adaptation Action Areas. SUPPORT legislation directing closer coordination among state agencies on climate and extreme weather preparedness, resilience, and adaptation issues. SUPPORT a recurring line -item appropriation of $10 million in the state budget to provide matching funds for implementation of local government hazard risk reduction projects resulting from Adaptation Action Area designations or the risk reduction policies and actions included in the coastal elements of comprehensive plans pursuant to Chapter 2015-69. om Energv SUPPORT integrated resource planning/least cost planning for electric utilities to ensure that energy efficiency and renewable energy sources are fully considered as strategies for meeting future needs. OPPOSE legislation limiting the ability of the Florida Department of Environmental Protection to craft a State Implementation Plan in response to the US Environmental Protection Agency's Clean Power Plan. SUPPORT energy efficiency and renewable energy finance options, including the retention and strengthening of Property Assessed Clean Energy (PACE) programs, to advance local economic development, alternative and renewable energy technologies, and pollution reduction goals. SUPPORT legislation to establish stringent energy conservation targets and meaningful renewable energy programs for electric utilities. SUPPORT rebate programs, tax credits, and other financial incentives that encourage property owners to invest in energy efficiency and renewable energy systems. SUPPORT legislation allowing local water conservation amendments to an edition of the Florida Building Code to carry over into the next edition, subject to the normal review and modification procedures outlined in the Code. SUPPORT legislation creating a green bank or state investment fund to finance renewable energy and energy efficiency projects. SUPPORT renewable portfolio standards for utilities that would require a set percentage of electricity to be generated from renewable energy sources by a given date. SUPPORT legislation requiring investor -owned utilities to offer a competitively -priced official rate for energy -efficient street lighting (including, but not limited to, LED and induction lighting) to advance local governments' ability to retrofit street lighting fixtures in order to reduce energy consumption and spending on electricity. Solar Ener-q SUPPORT the expansion of existing net metering policies to allow for off -site or "virtual" net metering. OPPOSE any weakening of existing net metering policies. SUPPORT legislation and/or constitutional amendments that will exempt solar photovoltaic systems from commercial property assessments and the tangible personal property tax. SUPPORT legislation allowing Power Purchase Agreements. SUPPORT existing statutory authority for the Florida Solar Energy Center (FSEC). Water SUPPORT legislation enhancing the authority and finances of the state's Water Management Districts, in recognition of their vital role in protecting water resources. OPPOSE legislation centralizing management of water resources at the state level at the expense of the regional Water Management Districts. Oil and Gas Drillina OPPOSE relaxation of prohibitions against leases or permits for oil or gas drilling within Florida's territorial seas and the Everglades, given the risks posed by exploration and drilling activities to the health and resilience of inland and coastal ecosystems and economies and the guarantee of additional harmful greenhouse gas emissions from continued dependence on fossil fuels. OPPOSE legislation authorizing any form of extreme well stimulation for the purpose of oil and gas resource extraction, including hydraulic and acid fracturing, near conservation land or drinking water aquifers. OPPOSE legislation limiting the Florida Department of Environmental Protection's authority to block requests for offshore drilling in federal waters off Florida's coast. Everalades Restoration and Land Conservation SUPPORT legislation and funding supporting complete implementation of the Comprehensive Everglades Restoration Plan, advancement of the Central Everglades Planning Project, and storage and treatment in the Northern Everglades, recognizing that a restored Everglades ecosystem will make the region more resilient to sea level rise and extreme weather events and protect potable water supplies. SUPPORT legislation amending the Florida Communities Trust program to provide authority and funding for local governments to acquire land that mitigates the effects of sea -level rise, reduces flood risk, and protects potable water supplies. SUPPORT Land Acquisition Trust Fund appropriations under the terms of the Water and Land Conservation Amendment for regional and local priorities, including extreme -weather and climate resilience, shoreline protection and restoration, Everglades restoration, and water resource protection. SUPPORT the dedication of a specific percentage of Land Acquisition Trust Fund appropriations under the terms of the Water and Land Conservation Amendment to Everglades restoration and protection. SUPPORT Land Acquisition Trust Fund appropriations for the Florida Forever land acquisition program, the Florida Communities Trust program, and management of public conservation lands. Investment Priorities SUPPORT funding for alternative water supply development through the Water Protection and Sustainability Program. SUPPORT funding for adaptation planning and no -regrets investments in water management, water supply, conservation land acquisition, transportation, and other infrastructure that provide hazard mitigation and improve immediate and long-term resilience. SUPPORT legislation prioritizing non-structural, nature -based investments in coastal protection and flood control, including dunes, wetlands, marshes, reefs, mangroves, and other natural features, alone and in combination with built infrastructure. SUPPORT prioritized funding for infrastructure investments in Adaptation Action Areas or other areas subject to the impacts of sea level rise. SUPPORT increase in state funding for transit by raising the percentage of transportation trust funding for transit from 15 to 20 percent or by other methods. Transoortation SUPPORT development of electrical vehicle infrastructure, including statewide policies to streamline siting and permitting of electrical vehicle charging stations and inclusion of electric vehicle models and specifications in the state contract system. SUPPORT funding for the siting and installation of electric vehicle infrastructure on public and private property and along the strategic intermodal state highway system and local roads. SUPPORT legislation that encourages the adoption of Complete Streets policies by the Florida Department of Transportation and local transportation agencies and the establishment of integrated local and regional networks of non -motorized transportation corridors (such as bike lanes). SUPPORT legislation that would provide additional local transit connectivity to existing and proposed regional transit systems (i.e., a "first and last mile strategy"). SUPPORT legislation that supports planning and construction of transit -oriented developments (TODs). SUPPORT expansion of the state's natural gas vehicle rebate program to include fueling stations and associated infrastructure. SUPPORT incentives to increase the use of renewably -produced biogas in natural gas vehicle fleets. ; E �, e ,,,cARD MIAMI•DrADE C � �g� E «firF 'd n �i , It ��� -St�� Y � G F��� SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT COUNTIES 2016 FEDERAL ENERGY AND CLIMATE LEGISLATIVE PROGRAM APPROVED BY THE STAFF STEERING COMMITTEE - 812812015 APPROVAL BY THE FOUR COUNTY COMMISSIONSIS PENDING Background Southeast Florida is one of the most vulnerable areas in the country to climate change and sea level rise. Recognizing their shared challenges, Palm Beach, Broward, Miami -Dade and Monroe counties ("Compact counties") adopted the Southeast Florida Regional Climate Change Compact ("Compact") in 2010. The Compact includes a commitment to develop and advocate for joint state and federal legislative policies. Accordingly, the Compact counties have adopted a Federal Energy and Climate Legislative Program each year since 2011. The following federal policies and priorities form the Southeast Florida Regional Climate Change Compact Counties 2016 Federal Energy and Climate Legislative Program: Infrastructure Investments SUPPORT language in the federal transportation bill that defines "resilience" and "vulnerability" to extreme weather events in the context of transportation planning, design, and investment. SUPPORT federal legislation to create and fund a national infrastructure bank or other new infrastructure funding source to finance projects needed by state and local governments to adapt to climate impacts and address aging infrastructure. Emphasis should be placed on investments in water management, water supply, transportation, and other projects that make urban infrastructure more resilient to extreme weather events and rising sea levels. SUPPORT legislation prioritizing non-structural, nature -based investments in coastal protection and flood control, including dunes, wetlands, marshes, reefs, mangroves, and other natural features, alone and in combination with built infrastructure. SUPPORT legislation that creates incentives for the consideration of climate impacts, including sea level rise, in federal aid for transportation, water, and other infrastructure projects. SUPPORT the use of emissions reduction and climate adaptation performance measures and standards to evaluate infrastructure investments, including transportation and water projects. SUPPORT federal programs that shift priorities toward public transit and non -motorized travel, including reinvestment in existing infrastructure and communities, support for public transportation and transit - oriented development, and congestion management strategies other than new road building. Adaptation and Resilience Page 1 SUPPORT coordinated implementation of the Federal Flood Risk Management Standard by federal agencies and specific guidance and flexibility for local communities affected by the federal rules. SUPPORT enactment of the Preparedness and Risk Management for Extreme Weather Patterns Assuring Resilience and Effectiveness Act (PREPARE Act) of 2015, establishing the Interagency Council on Extreme Weather Resilience, Preparedness and Risk Management, tasked with establishing government -wide goals and priorities for extreme weather resilience, preparedness, and risk management and ensuring that consideration of extreme weather events is incorporated into agencies' everyday activities. SUPPORT specific recognition in federal legislation of land use designations made by local governments for the purposes of building community resilience, such as the Adaptation Action Areas (AAAs) defined in Chapter 163, Florida Statutes, and the development of regulations that give priority consideration to local land use designations for cli mate-resil lent investments. SUPPORT multiagency initiatives like the Partnership for Sustainable Communities that provide federal grants, technical support, and other services to aid community planning for sustainability and climate adaptation. SUPPORT reform of the Stafford Act to allow greater flexibility in disaster reconstruction efforts to ensure that properties and infrastructure are not merely rebuilt to their previous condition, but to higher, more resilient standards (where appropriate). SUPPORT funding for weatherization programs to harden buildings against flooding and windstorm impacts. SUPPORT continued funding for the Federal Emergency Management Administration's (FEMA) natural hazard mitigation programs to include mitigation for hazards associated with climate change impacts. SUPPORT the continued eligibility of funding for activities to adapt to climate change and extreme weather events under the Federal -Aid and Federal Lands Highway programs, including vulnerability/risk assessments, highway project development, environmental review and design, construction of projects or features to protect existing assets, and evaluation of life cycle costs. SUPPORT the explicit inclusion of resilience funding in the FEMA budget, including minimum FY 2016 appropriations of: a) $279 million for the Flood Hazard Mapping and Risk Analysis Program. b) $200 million for the National Pre -Disaster Mitigation Fund. c) $175 million for National Flood Insurance Program Mitigation Grants. Climate and Enemy Research SUPPORT continued funding for the US Global Climate Change Research Program and the ongoing National Climate Assessments created by the US Global Change Research Act of 1990. SUPPORT sufficient funding for weather- and climate -monitoring satellites to ensure that critical data needs continue to be met. SUPPORT sufficient funding for the National Weather Service, National Hurricane Center, and other atmospheric and ocean research programs. SUPPORT additional federal research on physical and dynamic meteorology to better understand how climate change will impact precipitation patterns. Page 2 SUPPORT funding to downscale global and national climate models to regional and local levels and to develop reliable future climate and sea level rise scenarios for regional and local use. SUPPORT funding for advanced energy research programs. Energy and Emissions SUPPORT federal legislation or administrative action that removes federal restrictions on Property Assessed Clean Energy programs and expands the list of eligible improvements to include wautherization measures. SUPPORT reauthorization of and renewed funding for the Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG) Program. SUPPORT continued funding for the US Department of Energy to support the Southeast Florida Clean Cities Coalition and funding for implementation of projects developed under Drive Electric Florida plan and the US 1 Corridor Pilot Project. SUPPORT continued funding for the US Environmental Protection Agency to support the Southeast Diesel Collaborative and the National Clean Diesel Funding Assistance Program. Oil Exploration and Drilling OPPOSE oil exploration and drilling on federal lands in Florida, including the Everglades, and in federal waters on Florida's Outer Continental Shelf, given the risks posed by exploration and drilling activities to the health and resilience of inland and coastal ecosystems and economies and the guarantee of additional harmful greenhouse gas emissions from continued dependence on fossil fuels. SUPPORT legislation or administrative action halting oil and gas exploration off the eastern seaboard of the United States. SUPPORT legislation or administrative action restricting the use of seismic testing for offshore oil and gas exploration, which can severely impact marine animals. SUPPORT - revisions to the Oil Protection Act of 1990 or other laws to ensure that: • Local governments may act as first responders in an effort to protect local communities and will be reimbursed for actions undertaken to protect their resources and restore damaged areas during oil spill events. • The Oil Spill Liability Trust Fund is capable of addressing Spills of National Significance where there is not a financially viable or legally responsible "Responsible Party. Everglades Restoration SUPPORT continued focus on Everglades restoration as an essential component of protecting regional water resources and building regional climate resilience. SUPPORT funding for authorized Everglades restoration projects and legislation authorizing the Central Everglades Planning Project (CEPP) and expediting other projects related to the Comprehensive Everglades Restoration Plan. Tax and Fiscal Policies OPPOSE reductions in funding for critically important conservation, public health, and environmental protection efforts that reduce carbon emissions, support climate preparedness, build resilience to extreme weather, and protect the nation's natural resources. SUPPORT renewal of tax incentives for renewable energy, particularly the Solar Investment Tax Credit. SUPPORT the elimination of federal subsidies for oil and gas production and the raising of royalties for oil and gas drilling on federal lands. SUPPORT legislation allowing for Master Limited Partnerships —publicly -traded limited partnerships not subject to corporate income tax —for renewable energy businesses, just as they are already available for fossil fuel businesses. SUPPORT renewal of the expired Section 179D of the Internal Revenue Code, which allows deductions for energy efficiency improvements in commercial buildings, and an increase in the per - square -foot value of the deduction from the previous value of $1.80. SUPPORT legislation that affirms equal treatment of pretax spending programs for transit and parking and makes future increases in the transit program maximums automatic (as the parking maximum increases already are). Other SUPPORT legislation similar to the Invasive Fish and Wildlife Prevention Act filed in the 113'h Congress (2013-2014) to better regulate importation of, and interstate commerce in, nonnative, potentially invasive species which threaten the resilience of southeast Florida ecosystems.