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Item M15County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting January 18, 2017 Agenda Item Number: M.15 Agenda Item Summary #2582 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774 Not Applicable AGENDA ITEM WORDING: Approval of a resolution to accept the Southeast Florida Regional Climate Change Compact Counties 2017 State and Federal Energy and Climate Legislative Programs. ITEM BACKGROUND: The Southeast Florida Regional Climate Change Compact, approved by the Broward, Palm Beach, Miami -Dade, and Monroe County Commissions in late 2009 /early 2010, is a voluntary commitment among the four counties to collaborate in addressing shared climate mitigation and adaptation challenges. 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 and priorities have been developed and approved by all four Compact County commissions in 2011, 2012, 2013, 2014, 2015 and 2016. Presently, the 2017 Compact programs and priorities, which were approved by the Staff Steering Committee, 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 Sustainability 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 2017 Compact programs which build upon prior year's programs. Approval of this item supports encouraging investments in renewable energy, sustainable practices and environmental protection, and the goals of seeking funding for, implement policies and pursue projects promoting, the use of alternative energy, resource conservation, sustainable practices and environmental protection. For 2017, the Compact Policy Team and Staff Steering Committee separated the State and Federal legislative programs into four parts: • A "Principles" document for both State and Federal general legislative principles, reflecting long- standing positions that have remained consistent over time. The Federal Principles will likely require only minimal changes from year to year. • A "Priorities" document for both State and Federal legislative priorities, identifying a short list of top issues for advocacy during the upcoming session of the Florida Legislature. The Legislative Priorities will be thoroughly reviewed and updated each year in advance of the annual legislative session. Note that there is no Federal Legislative Priorities document yet. This is by design; the Compact's Policy Team decided to hold off on 2017 federal priorities until the 2016 election results were known. The two "Highest Priorities" among the 2017 State Legislative Priorities are: • Opposition to any changes which would weaken the state's net metering policies allowing customers with renewable energy equipment to receive retail -rate credits for excess energy they generate and return to the grid. • Support for legislation and funding for a matching fund program for local government flood risk reduction projects, and legislation to add flood mitigation to the list of eligible uses for Florida Communities Trust funding. Other priorities include legislative implementation of Amendment 4, which voters approved in August 2016, to exempt solar and other renewable energy devices from residential and commercial property assessments and the tangible personal property tax; Land Acquisition Trust Fund appropriations for regional priorities, including coastal protection and restoration; and opposition to preemption of local environmental regulations, including those pertaining to oil /gas extraction and fracking. PREVIOUS RELEVANT BOCC ACTION: Annual approvals of previous legislative agendas for the Compact. CONTRACT /AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATION: DOCUMENTATION: Stamped Resolution to 2017 Compact Legislative Priorities Exhibit A - 2017 Compact State Legislative Priorities Exhibit B - 2017 Compact State Legislative Principles Exhibit C - 2017 Compact Federal Legislative Principles FINANCIAL IMPACT: Effective Date: January 18, 2017 Expiration Date: Not Applicable Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: No Additional Details: None Not applicable REVIEWED BY: Rhonda Haag Completed 01/04/2017 3:01 PM Pedro Mercado Completed 01/04/2017 4:29 PM Budget and Finance Skipped 01/04/2017 4:36 PM Maria Slavik Skipped 01/04/2017 4:38 PM Lisa Tennyson Skipped 01/04/2017 4:40 PM Kathy Peters Completed 01/04/2017 4:43 PM Board of County Commissioners Completed 01/18/2017 9:00 AM RESOLUTION NO. -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. ADOPTING THE 2017 STATE LEGISLATIVE PROGRAM AND PRINCIPLES AND FEDERAL PRINCIPLES OF THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Southeast Florida is one of the most vulnerable areas in the country to climate change and sea level rise; and WHEREAS, 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; and WHEREAS, The Compact includes a commitment to develop and advocate for joint state and federal legislative policies, and accordingly, the Compact counties have annually adopted a separate State and Federal Energy and Climate Legislative Program each year since 2011; and WHEREAS, Beginning with the 2017 program, the Compact Counties have decided to separate the program into four separate documents: the Federal Legislative Priorities, the more general Federal Legislative Principles, the State Legislative Priorities, and the more general State Legislative Principles; and WHEREAS, the Compact prepared separate "Principles" documents for both State and Federal principles important to the Compact, reflecting long- standing positions that have remained consistent over time, noting that the Federal Principles will likely require only minimal changes from year to year; and WHEREAS, the Compact also prepared separate "Priorities" documents for both State and Federal legislative priorities, identifying a short list of top issues for advocacy during the upcoming session of the Florida Legislature, the Legislative Priorities will be thoroughly reviewed and updated each year in advance of the annual legislative session; and WHEREAS, the Compact chose not to finalize a Federal Legislative Priorities document yet for 2017, and it is anticipated to be presented at a later date for approval; and WHEREAS, MONROE COUNTY staff recommends adopting the Compact's 2017 State Legislative Priorities, State Principles and Federal Principles. THEREFORE BE IT RESOLVED by the Board of County Commissioners of Monroe County that: The above recitals are hereby incorporated into this resolution as restated herein constitute the legislative findings and intent of the Board of County Commissioners of Monroe County, Florida. 2. The Board of County Commissioners hereby approves the SE FL Regional Climate Change Compact's 2017 legislative agenda, as follows: a) State Legislative Priorities — attached as Exhibit A b) State Legislative Principles — attached as Exhibit B C) Federal Legislative Principles — attached as Exhibit C 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County Florida, at a regular meeting of said Board held on the 18' day of January, 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny L. Kolhage Commissioner Sylvia Murphy Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk By: __ Mayor PPRO VED B YTHE STAFF STEERING COMMITTEE 'l' Highest Priorities OPPOSE any changes that would weaken existing net metering policies, which allow customers to receive retail -rate credits for any excess energy produced by their on -site renewable energy devices and returned to the grid. SUPPORT legislation and funding for a matching fund program for local government flood 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, and legislation to add flood mitigation to the list of eligible uses of Florida Communities Trust funding. Additional 2017 Priorities OPPOSE preemption of local environmental regulations, including those pertaining to extreme well stimulation techniques and oil /gas exploration and extraction. SUPPORT legislation to implement Amendment 4, "Solar Devices or Renewable Energy Source Devices; Exemption from Certain Taxation and Assessment." SUPPORT legislation to authorize third -party sales of electricity in Florida. SUPPORT Land Acquisition Trust Fund funding for regional priorities, including living shorelines, beaches, coastal and coral reef protection, preservation of native habitat areas, and maintenance of existing conservation lands. SUPPORT legislation altering the funding criteria for beach renourishment projects to include shoreline protection measures beyond placement of sand, including dune projects. SUPPORT legislation requiring assessment and evaluation of state agency efforts to address sea level rise and other weather impacts. SUPPORT incentives for electric vehicle charging infrastructure and electric vehicle purchases by businesses and individuals. a, ,r `A a ; t MIAMI E SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT COUNTIES 2017 STATE LEGISLATIVE PRIORITIES PPRO VED B YTHE STAFF STEERING COMMITTEE 'l' Highest Priorities OPPOSE any changes that would weaken existing net metering policies, which allow customers to receive retail -rate credits for any excess energy produced by their on -site renewable energy devices and returned to the grid. SUPPORT legislation and funding for a matching fund program for local government flood 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, and legislation to add flood mitigation to the list of eligible uses of Florida Communities Trust funding. Additional 2017 Priorities OPPOSE preemption of local environmental regulations, including those pertaining to extreme well stimulation techniques and oil /gas exploration and extraction. SUPPORT legislation to implement Amendment 4, "Solar Devices or Renewable Energy Source Devices; Exemption from Certain Taxation and Assessment." SUPPORT legislation to authorize third -party sales of electricity in Florida. SUPPORT Land Acquisition Trust Fund funding for regional priorities, including living shorelines, beaches, coastal and coral reef protection, preservation of native habitat areas, and maintenance of existing conservation lands. SUPPORT legislation altering the funding criteria for beach renourishment projects to include shoreline protection measures beyond placement of sand, including dune projects. SUPPORT legislation requiring assessment and evaluation of state agency efforts to address sea level rise and other weather impacts. SUPPORT incentives for electric vehicle charging infrastructure and electric vehicle purchases by businesses and individuals. 4 " �� ��� r X ) t r � r SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT COUNTIES 2017 STATE ENERGYAND CLIMATE LEGISLATIVE PRINCIPLES APP C VED E YT STA EE STEER CCMMI I SEE — 9i"l 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. Beginning with the 2017 legislative session, the Compact Counties have decided to issue their legislative program in two documents: State Energy and Climate Legislative Principles (this document) and State Energy and Climate Legislative Priorities (published separately). General OPPOSE preemption of local environmental regulations pertaining to energy, climate, or adaptation issues. 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. Energy Page 1 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 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. 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 renewable portfolio standards, 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 or regional amendments to the Florida Building Code pertaining to energy, water, and resilience, and to allow such amendments to carry over into the next edition of the Code, 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 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' efforts to retrofit street lighting fixtures in order to reduce energy consumption and spending on electricity. Solar Energy OPPOSE any weakening of existing net metering policies. SUPPORT the expansion of existing net metering policies to allow for off -site or "virtual" net metering. SUPPORT legislation to exempt renewable energy systems from commercial property assessments and the tangible personal property tax. SUPPORT legislation allowing Power Purchase Agreements. Water OPPOSE legislation centralizing management of water resources at the state level at the expense of the regional Water Management Districts. SUPPORT legislation enhancing the authority and finances of the state's Water Management Districts, in recognition of their vital role in protecting water resources. Oil and Gas Drilling OPPOSE legislation authorizing any form of extreme well stimulation for the purpose of oil and gas Page 2 resource extraction, including hydraulic and acid fracturing, near conservation land or drinking water aquifers, and OPPOSE legislation preempting local regulation of extreme well stimulation and oil and gas exploration and extraction. OPPOSE legislation limiting the Florida Department of Environmental Protection's authority to block requests for offshore drilling in federal waters off Florida's coast. SUPPORT continuation 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. Everalades Restoration and Conservation of Natural Resources 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 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. Page 3 Transportation SUPPORT the deployment of electric vehicles in Florida, including statewide policies to streamline siting and permitting of electrical vehicle charging stations, the inclusion of electric vehicle models and specifications in the state contract system, and incentives and rebates for individuals and businesses. 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 and funding supporting the expansion of alternative fuels for transportation in Florida, especially renewably - produced fuels such as biogas. 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) Page 4 } SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT COUNTIES 2017 FEDERAL ENERGY AND CLIMATE LEGISLATIVE PRINCIPLES APP C VED E YTHE C GAFF STEERING CCMMI I SEE 9/1/2016 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. Beginning with the 2017 program, the Compact Counties have decided to separate the program into two documents: the more general Federal Energy and Climate Legislative Principles (this document) and Federal Energy and Climate Legislative Priorities (published separately). Infrastructure Investments SUPPORT language in federal infrastructure bills that defines "resilience" and "vulnerability" to extreme weather events in the context of 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 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. Page 1 SUPPORT legislation 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 climate - resilient 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 wind 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 explicit inclusion of resilience funding in the FEMA budget. 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. Climate and Energy 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 the National Weather Service, National Hurricane Center, and other atmospheric and ocean research programs, including weather- and climate- monitoring satellites. SUPPORT additional federal research on physical and dynamic meteorology to better understand how climate change will impact precipitation patterns. 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 weatherization measures. SUPPORT reauthorization of and renewed funding for the Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG) Program. Page 2 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 funding reductions of, and SUPPORT increased funding for, critically- important conservation, public health, energy efficiency, renewable energy, grid modernization, research, and environmental protection programs to reduce carbon emissions, support climate preparedness, build community resilience to extreme weather and other disruptions, and protect the nation's natural resources. SUPPORT the expansion of tax incentives for renewable energy and energy efficiency. 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. Other SUPPORT legislation to better regulate importation of, and interstate commerce in, nonnative, potentially invasive species which threaten the resilience of southeast Florida ecosystems. Page 3