03-17-09 Item 151
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
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THE
FLORIDA LEGISLATURE TO ENACT AN AMENDMENT TO
FLORIDA STATUTE SECTION 337.401, TO REQUIRE THE
SITING OF TRANSMISSION LINE ROUTES ALONG PUBLIC
ROAD RIGHT -OF -WAYS, WHERE ALTERNATE PROPOSED
ROUTES WOULD CAUSE GREATER ADVERSE IMPACTS BY
VIRTUE OF THE ROUTE'S PROXIMITY TO RESIDENTIAL
COMMUNITIES AND SCHOOLS; URGING THE FLORIDA
LEGISLATURE NOT TO PASS SUCH LEGISLATION;
PROVIDING FOR THE DISTRIBUTION OF THIS RESOLUTION
TO THE CITY'S LOBBYISTS, THE STATE LEGISLATURE, THE
MUNICIPAL LEAGUE OF CITIES, MIAMI -DADE COUNTY, AND
OUR SISTER CITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature, recognizes that the routing of electric
transmission lines has a significant impact upon the welfare of the citizens of Florida;
and,
WHEREAS, electric transmission lines affect local communities, with respect to
health, safety, and environmental impacts of using the lines; and,
WHEREAS, electric magnetic fields (EMFs) are produced by current carrying
conductors, such as load currents carried by electric power transmission or distribution
lines; and,
WHEREAS, risks to children living near power lines have been a public health
concern since 1979 when a epidemiological study linked exposure to electromagnetic
fields and increased childhood leukemia; and,
WHEREAS, moreover, studies conducted in the 1980's documented a link
between magnetic field strength and the risk of childhood leukemia; and
WHEREAS, after reviewing more than two decades of research in this area,
NIEHS scientists have concluded that the overall pattern of results suggests an
association between increasing exposure to EMFs and an increased risk of childhood
leukemia; and,
WHEREAS, despite uncertainties, epidemiological studies nevertheless suggest
that risk of excess cancer deaths associated with living near distribution lines producing
stronger than average magnetic fields may be about five (5) per 100,000 children, per
year: and,
14600
1 WHEREAS, given the uncertainties, one solution for minimizing cancer risks
2 from power lines is to site the transmission lines along public highway right of ways,
3 rather then through residential street corridors; and,
4
5 WHEREAS, by modifying the state law through statutory authority requiring the
6 siting of electric transmission power lines along public highway right -of -ways, the
7 possible exposure to EMFs in residential communities will be minimized; and,
8
9 WHEREAS, Florida Statute 337. 401 entitled Use of Right -of -Way for Utilities
10 currently only permits EMFs to be located along public highway right -of -ways where
11 there is no practicable alternative available; and,
12
13 WHEREAS, this standard imposes an unreasonable burden on FPL and results in
14 the siting of electric transmission lines through residential communities; and,
15
16 WHEREAS, Florida Statute 337.401 should be amended by the Florida
17 Legislature to require the siting of transmission lines along public road way right -of -ways
18 when doing so will minimize impacts on residential communities and schools.
19
20 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
22
23- Section 1. The above whereas clauses are incorporated by reference into the
24 body of this resolution.
25
26 Section 2. The Florida Legislature is hereby requested to amend Florida
27 Statute 337.401 to require that electric transmission lines be located in public road way
28 right -of -ways in order minimize adverse impacts on residential communities.
29
30 Section 3. The Mayor and City Commission directs the City Clerk to transmit
31 a certified copy of this resolution to the Governor, Senate President, House Speaker, the
32 Chair and Members of the Miami -Dade County State Legislative Delegation, the
33 Presiding Officer and Members of the municipalities in Miami -Dade County and the
34 'Executive Director of the Miami - League of Cities.
35
36 Section 4. Directs the City's state lobbyists, and state legislators to support
37 the introduction of the proposed legislation set forth above, and authorizes and directs
38 that the 2009 State Legislative Package be amended to include this item.
39
40 Section 5. This resolution shall take effect immediately upon approval.
41
42
43
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
th day of March, 2009.
READ AND APPROVED AS TO FORM
Luis R. Figueredo,
Office of City Attorney
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Beckman:
Commissioner Palmer: