Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO APPROVE updated form PACE Interlocal Agreement (“ILA”) (Exhibit 2) with Property Assessed Clean Energy (“PACE”) program administrators relating to the funding and financing of qualifying improvements; to authorize the County Administrator to make nonmaterial modifications to the form ILA that do not increase cost or risk to the County and to execute ILAs with PACE program administrators, subject to review and approval as to legal sufficiency by the County Attorney’s Office; and to authorize the County Administrator to take any necessary administrative and budgetary actions to implement the ILAs.
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Why Action is Necessary
Board approval is required to approve the updated form ILA and to authorize the County Administrator to approve nonmaterial modifications to the form ILA and to execute final ILAs.
What Action Accomplishes
This action approves the updated form ILA and authorizes the County Administrator to make nonmaterial modifications to the form ILA and to execute the final ILAs, subject to review and approval as to legal sufficiency by the County Attorney’s Office.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
This item is related to the Broward Property Assessed Clean Energy (“PACE”) Ordinance enacted by the Board on October 8, 2024, and amendments to that Ordinance being considered by the Board on January 28, 2025. As currently enacted, that Ordinance requires PACE program administrators to have a currently valid interlocal agreement with the County as a condition of being authorized to offer PACE financing of qualifying improvements to property owners in Broward County (however, municipalities can create different conditions for PACE financing within their municipality).
The form ILA was previously approved by the Board on October 8, 2024. The only material modification is to the termination provision as shown in Exhibit 1 for consistency with the Broward PACE Act enacted on October 8, 2024. As modified, the termination provision provides that deauthorization of a PACE program administrator requires both termination of the ILA and repeal of the Resolution authorizing the PACE program administrator to operate within Broward County. The changes to the Broward PACE Act being considered by the Board as a separate agenda item on the January 28, 2025, agenda do not affect this modification of the form ILA.
County staff and the PACE industry stakeholders have reviewed the proposed ILA inclusive of the change noted above, and do not object to the amendment.
This item, if approved, authorizes the County Administrator to approve nonmaterial modifications to the updated form ILA (Exhibit 2) and to execute the final ILAs, subject to CAO review and approval as to legal sufficiency.
Source of Additional Information
Michael C. Owens, Senior Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact associated with approval of this item.