Res No 022-21-15642RESOLUTION NO.022-21-15642
A Resolution of the Mayor and City Commissioners of the City of South
Miami urging the Florida Legislature to expand the qualifying improvements
that may be financed through property assessed clean energy programs to
include conversion from septic tanks to sewer systems and other sewage
treatment improvements; preliminarily identifying this issue as a state
legislative priority for the 2021 session.
WHEREAS, the City of South Miami, as one of the municipalities of Miami -Dade
County, is particularly vulnerable to sea -level rise and the associated risks due to the County's
low elevation and proximity to the coast; and
WHEREAS, over the years, the City of South Miami ("City") City Commission has
worked to bring the issues of climate change and sea -level rise to the forefront of discussion and
action in the local community; and
WHEREAS, for example, the City of South Miami is a member of the Green Corridor
Property Assessment Clean Energy District (the "District"), which is currently authorized to
operate its PACE Program within the City's jurisdiction; and
WHEREAS, the Florida Green Finance Authority, the Florida Resiliency and Energy
District, the Florida PACE Funding Agency, and the Green Corridor Property Assessment Clean
Energy (PACE) District are four separate legal entities and units of local government within the
State of Florida which were established by separate interlocal agreements for the express purpose
of providing PACE Programs in scalable and uniform platforms to facilitate the financing of
Qualifying Improvements throughout Florida; and
WHEREAS, Section 163.08, Florida Statutes (the "Supplemental Act"), authorizes
counties, municipalities and certain separate local government entities to establish and administer
financing programs, commonly known as Property Assessed Clean Energy (PACE) Programs
("PACE Programs"), in order to provide the up -front financing for energy conservation and
efficiency, renewable energy, and wind resistance improvements ("Qualifying Improvements"),
and repay such funding through voluntary special assessments, sometimes referred to as non -ad
valorem assessments, levied upon the improved property pursuant to financing agreements
between the property owner and the local government; and
WHEREAS, while section 163.08, Florida Statutes is a good start, it provides that only
certain kinds of improvements can qualify for PACE financing in Florida, and these qualifying
improvements currently include energy conservation and efficiency improvements, renewable
energy improvements, and wind resistance improvements; and
WHEREAS, sewage treatment improvements, such as the conversion of properties from
septic tanks to sewer systems, are not eligible for PACE financing because they are not listed as
qualifying improvements in Section 163.08; and
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Res. No. 022-21-15642
WHEREAS, within Miami -Dade County, numerous properties are served by septic tanks
and are not connected to the County's sanitary sewer system; and
WHEREAS, Miami -Dade County released a report, Septic Systems Vulnerable to Sea
Level Rise, that with over 100,000 properties using septic tanks, Miami -Dade County has a
significant threat on its hands; and
WHEREAS, the report further estimated that within the next 25 years, the County can
expect the number of residential systems that may be periodically compromised during storms or
wet years to significantly increase from approximately 56% today (58,349 parcels) to more than
64% by 2040 (67,234 parcels) and concluded that by 2040, many areas within Miami -Dade
County will experience groundwater levels within half a foot of the surface for more than 25% of
the year, compromising the ability of septic systems to function properly; and
WHEREAS, onsite septic systems, used to handle wastewater located in low-lying areas,
face particular challenges, as septic system drainfields must be above the groundwater table and
remain unsaturated to function effectively. Compromised septic systems have both public and
environmental health risks, including potential contamination of potable water; and
WHEREAS, section 163.08 should be amended to expand the list of qualifying
improvements to include sewage treatment improvements, including the replacement of an onsite
sewage treatment and disposal system with an advanced onsite sewage treatment system, as well
as the replacement of an onsite sewage treatment and disposal system with a central sewage
system, together with the associated fees or charges to connect to said sewage system; and
WHEREAS, adding these sewage treatment improvements to the PACE list of
qualifying improvements would provide additional options for property owners to finance such
sewage treatment improvements, and the availability of PACE financing may help some property
owners who are unable to access other financing; and
WHEREAS, facilitating such sewage treatment improvements through PACE financing
may increase the number of property owners who make such improvements to their property,
and the corresponding reduction in older septic tank systems may result in significant benefits to
water quality, particularly in Biscayne Bay; and
WHEREAS, on January 22, 2021, House Bill 387: Property Assessed Clean Energy
Program ("HB 387") has been filed for consideration during the Florida Legislature's 2021
session; and
WHEREAS, the proposed bill amendments to Section 163.08 Fla. Stat. include the
following revisions: revise the legislative intent regarding the types of improvements that qualify
for specified financing under the PACE Program; specify that a property owner may apply to a
PACE program for certain new important purposes such as flood and water damage mitigation
and resiliency improvements; and provide that costs incurred by the PACE program may be
1 https://www.miamidade.gov/green/library/vulnerability-septic-systems-sea-level-rise.pdf
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Res. No. 022-21-15642
collected as a non -ad valorem assessment; and
WHEREAS, the City Commission finds that the adoption of this Resolution is in the best
interest and welfare of the residents of the City.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
IISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they
are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The Mayor and City Commissioners of the City of South Miami hereby urge
the Florida Legislature to expand the qualifying improvements that may be financed through
PACE programs to include sewage treatment improvements, including the replacement of an
onsite sewage treatment and disposal system with an advanced onsite sewage treatment system,
as well as the replacement of an onsite sewage treatment and disposal system with a central
sewage system, together with the associated fees or charges to connect to said sewage system.
Furthermore, the City Commission urges the Florida Legislature to preliminarily identify this
item as a state legislative priority for the 2021 session.
Section 3. Authorization. The City Manager is hereby authorized to direct the City's
state lobbyists to advocate for the legislation described in Section 2 above.
Section 4. Transmission. The City Clerk is hereby directed to transmit a copy of this
Resolution to the Governor, the Senate President, the House Speaker, and the Chair and
Members of the Miami -Dade State Legislative Delegation.
Section 5. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 6. Severability. 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 will
not affect the validity of the remaining portions of this resolution.
Section 7. Effective Date. This resolution will become effective immediately upon
adoption.
PASSED AND ADOPTED this 2nd day of March, 2021.
ATTEST: APPR9VED: -
�i C
CITY LL E "MAYOR.
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Res. No. 022-21-15642
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXEC, THE
7
C ATTORNEY
COMMISSION VOTE: 4-0
Mayor Philips: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
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Agenda Item No:4.
City Commission Agenda Item Report
Meeting Date: March 2, 2021
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commissioners of the City of South Miami urging the Florida Legislature to
expand the qualifying improvements that may be financed through property assessed clean energy programs to
include conversion from septic tanks to sewer systems and other sewage treatment improvements;
preliminarily identifying this issue as a state legislative priority for the 2021 session. 3/5 (Mayor Philips)
Suggested Action:
Attachments:
Reso_re_HB_387_and_SB_1208sp.doc