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101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. ___ _ A Resolution of the Mayor and City Commission of the City of South Miami, Florida, urging Florida's U.S. Senators to vote against the "Reducing Regulatory Burdens Act of 2017". WHEREAS, the U.S. House of Representatives has approved the "Reducing Regulatory Burdens Act of 2017" (HR953) reverses the 2009 ruling in National Cotton Council v. EPA that requires Clean Water Act permits for pesticide users who spray over waterways; and . WHEREAS, the U.S. Senate will soon vote on this bill; and WHEREAS, this bill reverses a 2009 decision issued by the 6th Circuit Court of Appeals, in the case of National Cotton Council et al. v. EPA, which held that pesticides applied to waterways should be considered pollutants under federal law and should be regulated under the Clean Water Act (CWA) through permits issued under the National Pollutant Discharge Elimination System (NPDES); and WHEREAS, this bill effectively undermines federal authority to protect U.S. waters under the Clean Water Act; and WHEREAS, this bill allows spraying of toxic chemicals into waterways without local and state oversight; and WHEREAS, this bill does not reduce claimed burdens to farmers since there is no burden as there is no significant economic cost and agricultural activities are already exempt; and WHEREAS, if signed into law, this bill would foster further contamination of drinking water sources and would cause further harm to aquatic life. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby urges Florida's duly elected U.S. Senators, Senator Bill Nelson and Senator Marco Rubio to vote against the "Reducing Regulatory Burdens Act of2017". Section 2. The City Clerk shall send this signed resolution to Senator Rubio and Senator Nelson, as well as municipal officials throughout the State. Section 3. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall take effect immediately'upon adoption. /0 1 PASSED AND ADOPTED this th day of ,2017. 2 3 ATTEST: APPROVED: 4 5 6 CITY CLERK MAYOR 7 8 READ AND APPROVED AS TO FORM, COMMISSION VOTE 9 LANGUAGE, LEGALITY, Mayor Stoddard: . 10 AND EXECUTION THEREOF: Vice Mayor Welsh: 11 Commissioner Edmond: 12 Commissioner Harris: 13 Commissioner Liebman: 14 15 16 CITY ATTORNEY 17 Page 2 of2