_add-on c)Add-on c)
Sponsored by: Mayor Stoddard
City Commission Meeting: 10-05-16
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RESOLUTION NO. __________ 1
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A Resolution of the City of South Miami exposing the hidden agenda behind 3
Amendment 1 ballot question titled “Rights of Electricity Consumers 4
Regarding Solar Energy Choice”, scheduled for November 8, 2016 General 5
Election Ballot, and informing the public of the facts surrounding the 6
amendment and its effects and ramifications. 7
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WHEREAS, Florida spends billions of dollars each year purchasing carbon-based 10
fuels from other states and countries to power its homes, businesses, and vehicles, while 11
solar power will keep energy dollars in the state and create good-paying local sales, 12
installation, and maintenance jobs; and 13
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WHEREAS, solar photovoltaic energy offers many potential benefits, including: 15
lower electricity costs for homeowners, businesses, and governments; local jobs and 16
economic development; reduced dependence on imported fuels; pollution-free electricity 17
generation; no water use; and contribution to a more resilient electric grid; and 18
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WHEREAS, Florida has the third-highest potential for rooftop solar energy 20
generation in the United States, but currently ranks 14th in the nation for installed solar 21
capacity, according to the Solar Energy Industry Association; and 22
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WHEREAS, in the eastern United States, Florida has the greatest potential for 24
rooftop solar power of any state yet, according to The Gainesville Sun news, with 9 25
million electric utility customer accounts, less than 12,000 customer-sited solar electric 26
systems exist in Florida; and 27
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WHEREAS, New Jersey, which only has half the population of Florida and does 29
not enjoy the same abundance of sunlight that exists in the "Sunshine State", has over 30
43,000 customer-sited solar electric systems, according to The Gainesville Sun; and 31
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WHEREAS, increased solar-generated electricity, including customer-sited 33
systems on residential and commercial properties, will be a key strategy for achieving this 34
community-wide goal of maximizing the utilization of Florida’s abundance of sunlight; 35
and 36
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WHEREAS, the resounding passage of Amendment 4 which authorizes the 38
Florida Legislature to exempt solar and other renewable energy systems from both 39
residential and commercial property appraisals and from the tangible personal property tax 40
by the voters on August 30, 2016 shows that a majority of Floridians want more rights and 41
less restrictions; and 42
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WHEREAS, Amendment 1, titled "Rights of Electricity Consumers Regarding 44
Solar Energy Choice," will be presented to voters at the November 8, 2016 general 45
election; and 46
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WHEREAS, Amendment 1 purports to provide a new "choice" for solar power in 2
its title, but no choices are provided in Amendment 1 and no new solar rights are created, 3
but instead, Amendment 1 will place critical restrictions on existing solar rights in the 4
Florida Constitution according to Florida Supreme Court Justice Barbara Pariente in her 5
dissent in Advisory Opinion to Atty. Gen. re Rights of Electricity Consumers regarding 6
Solar Energy Choice, 188 So.3d 822 (Fla. 2016); and 7
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WHEREAS, Justice Barbara Pariente wrote a minority opinion, supported by two 9
other justices, to warn the voters of a bait and switch tactic and stated: 10
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“Let the pro-solar energy consumers beware. Masquerading as a pro-solar 12
energy initiative, this proposed constitutional amendment, supported by 13
some of Florida's major investor-owned electric utility companies, actually 14
seeks to constitutionalize the status quo. Due to the use and definitions of 15
certain terms within the proposed amendment, it may actually have the 16
effect of diminishing some rights of solar energy consumers. For example, 17
a group of environmental groups who filed a brief in opposition assert that 18
this amendment will eliminate” [a very desirable method of payment 19
called] “‘pay-by-the-watt’ leases by narrowly defining "lease," rendering 20
many ordinary consumers unable to afford the "tens of thousands of 21
dollars to purchase solar panels." 22
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The minority also felt that “[t]he ballot title is affirmatively misleading by its focus 24
on "Solar Energy Choice," when no real choice exists for those who favor expansion of 25
solar energy.” Also the minority found that “[t]he ballot language is further defective for 26
purporting to grant rights to solar energy consumers that are illusory; and failing, as 27
required, to clearly and unambiguously set forth the chief purpose of the proposed 28
amendment — to maintain the status quo favoring the very electric utilities who are the 29
proponents of this amendment.” 30
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The minority opinion points out that “[w]hat the ballot summary does not say is 32
that there is already a right to use solar equipment for individual use afforded by the 33
Florida Constitution and existing Florida statutes and regulations. It does not explain that 34
the amendment will elevate the existing rights of the government to regulate solar energy 35
use and establish that regulatory power as a constitutional right in Florida. This is a 36
glaring omission, especially since rights enshrined in the Constitution are generally 37
intended to limit, rather than grant, governmental power.” *** “This ballot initiative is the 38
proverbial ‘wolf in sheep's clothing.’" 39
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The minority noted that: 41
“[the title of the ballot question] … does not illuminate the real purpose, 42
namely, to place a critical restriction on those rights [to use solar 43
equipment] through elevating state and local governments' police powers 44
to regulate solar energy to the constitutional level.” 45
*** 46
“The ballot summary does not make clear that the right of homeowners to 47
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own solar equipment for their own use already exists. As a result, it 1
creates a false impression that a vote in favor of the amendment is 2
necessary for the voter to be afforded the right at all.” 3
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*** 5
“The impact is that the constitutional right that the amendment 6
purportedly creates in the first section [of Amendment 1] is seriously 7
diminished in the second section [of Amendment 1]. The proposed 8
amendment would have the practical effect of maintaining the status quo 9
with the balance of power in the hands of the utility companies.” 10
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*** 12
“Clearly, this is an amendment geared to ensure nothing changes with 13
respect to the use of solar energy in Florida — it is not a "pro-solar" 14
amendment.” 15
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WHEREAS, Amendment 1 will establish a constitutional right and then give the 17
government unbridled discretion to limit that right by later defining the meaning of the 18
word “subsidy”; and 19
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WHEREAS, Amendment 1 will insert in the Florida Constitution an unsupported, 21
misleading, and inaccurate presumption that solar rooftop customers are "subsidized" by 22
solar customers; and 23
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WHEREAS, Amendment 1 implies that the solar customers are not paying their 25
fair share of the cost of the grid and that FP&L will be forced to charge the non-solar 26
customer to pay for the cost not being paid by the solar customers. There has been no 27
evidence that this has occurred but even if it does, there is no need for a constitutional 28
amendment since the state has the right to regulate what FPL charges its customers 29
without a constitutional amendment. Moreover, solar electricity is more efficient than 30
electricity generated at a power plant. The electricity that starts at the power plant 31
dissipates as it travels along the transmission lines and requires that extra electricity be 32
generated to compensate for the loss in the transmission process whereas solar electricity 33
that is put into the grid reduces the cost to all customers since the solar electricity is used 34
locally. In addition, and currently, at the end of the year, solar customers who have a net 35
gain are only paid a fraction of what the power company charges its customers; and 36
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WHEREAS, Amendment 1, if it passes, can be used to weaken or eliminate the 38
state's net metering policy; and 39
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WHEREAS, the Florida Center for Investigative Reporting (“FCIR”) reported 41
that, as early as April of 2015, there was already legislation circulating in Tallahassee in 42
an attempt to stop homeowners with solar power from selling extra energy back to utility 43
companies; and 44
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WHEREAS, FCIR found that from 2010 to 2015 utility companies had invested 46
$12 million into the campaigns of state lawmakers. When FCIR asked one West Palm 47
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Beach lobbyist who represents solar companies why we don’t have a bigger solar industry 1
in Florida, the lobbyist said: “The answer is simple. Every kilowatt of solar you produce 2
on your roof is one less kilowatt that the utilities can sell you.”; and 3
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WHEREAS, Amendment 1 is sponsored by an organization called Consumers for 5
SmartSolar which appears to be primarily bankrolled by the state's big power companies 6
all of whom appear to be opposed to the current net metering policy; and 7
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WHEREAS, the ballot question for Amendment 1 is titled "Rights of Electricity 9
Consumers Regarding Solar Energy Choice" and, as it is described above, it is detrimental 10
to the City of South Miami’s previously expressed support for efforts to increase solar 11
energy generation and other forms of renewable energy in the City of South Miami, and in 12
the State of Florida. 13
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 15
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 16
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Section 1. The City Commission finds that the recital set forth hereinabove are 18
true and correct and they are hereby adopted by reference as if set forth in full herein. 19
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Section 2. The City Clerk is hereby instructed to send a copy of this resolution 21
to all the voters of the City of South Miami as well as to all the Cities and Counties in the 22
state of Florida for the purpose of informing them of the facts surrounding Amendment 1, 23
the effect that the amendment will have on the consumers of electricity, the ramifications 24
of the amendment and the apparent agenda of the supporters of this proposed 25
constitutional amendment. 26
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Section 3. This resolution shall take effect immediately upon adoption. 28
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PASSED AND ADOPTED this day of , 2016. 30
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ATTEST: APPROVED: 32
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_________________________ ___________________________ 34
CITY CLERK MAYOR 35
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READ AND APPROVED AS TO FORM, COMMISSION VOTE 37
LANGUAGE, LEGALITY, Mayor Stoddard: 38
AND EXECUTION THEREOF: Vice Mayor Welsh: 39
Commissioner Edmond: 40
Commissioner Harris: 41
____________________________ Commissioner Liebman: 42
CITY ATTORNEY 43
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