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
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DOCUMENTATION: Inclu Not Required
DISPOSITION: m AGENDA ITEM #
Revised T04
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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.
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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.