Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on June 4, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE PROPERTY ASSESSED CLEAN ENERGY (“PACE”) PROGRAM IN BROWARD COUNTY; REPEALING SECTION 20-14 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); CREATING SECTIONS 20-176.130 THROUGH 20-176.137 TO BE KNOWN AS THE “BROWARD PACE ACT”; PROVIDING FOR DEFINITIONS, INTERLOCAL AGREEMENTS, PROGRAM ADMINISTRATOR REQUIREMENTS, AND DISCLOSURE REQUIREMENTS; AMENDING SECTION 8½ 16, CREATING A FEE SCHEDULE FOR VIOLATIONS OF THE BROWARD PACE ACT; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
The proposed Ordinance was prepared by the Office of the County Attorney as directed by the Board of County Commissioners on October 10, 2023.
What Action Accomplishes
Enables the setting of a public hearing during which the Board may consider enacting the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
Broward County launched the Broward Property Assessed Clean Energy (“PACE”) program in June 2016, expanding property owners’ access to energy efficiency, renewable energy, and resiliency improvements financed through non-ad valorem special assessments. At that time, the Board required certain mandatory disclosures for PACE districts that finance residential projects.
In the ensuing years, concerns have arisen regarding certain predatory practices, inappropriate use of the County logo to imply an affiliation with the County, and lack of understanding by property owners of the full effect of entering into PACE financing agreements. To address these concerns, the proposed Ordinance would strengthen the Code requirements for PACE districts to operate within Broward County, including:
1) requiring the execution of an interlocal agreement with the County before a PACE district can operate in Broward County;
2) requiring additional disclosures for PACE-related financing agreements affecting residential real property;
3) expressly prohibiting the use of the County logo in PACE marketing material; and
4) expanding the enforcement methods to better ensure compliance with Broward’s PACE program requirements.
Source of Additional Information
Michael C. Owens, Senior Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.