Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
MOTION TO APPROVE interlocal agreement (“ILA”) with Property Assessed Clean Energy (“PACE”) program administrators relating to the funding and financing of qualifying improvements, in substantially the form proposed; 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 Office of the County Attorney; and authorize the County Administrator to take any necessary administrative and budgetary actions to implement the agreements.
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Why Action is Necessary
Board approval is required to approve the form ILA and to authorize the County Administrator to approve and execute the final ILAs.
What Action Accomplishes
This action authorizes the use of the form ILA and authorizes the County Administrator to approve and execute the final ILAs, subject to review and approval as to legal sufficiency.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
This item is related to the proposed Broward Property Assessed Clean Energy (“PACE”) Ordinance being considered by the Board on the August 22, 2024, agenda. If enacted, that Ordinance would require PACE program administrators to execute an interlocal agreement (“ILA”) with the County in order to offer PACE financing in Broward County. This requirement is consistent with the 2024 legislative amendments to the Florida PACE statute.
At its meeting on June 18, 2024, the Office of the County Attorney (“CAO”) informed the Board that CAO lawyers and Resilient Environment Department (“RED”) staff would meet with industry stakeholders to discuss their comments and concerns. Several meetings took place, and the proposed ILA (attached as Exhibit 1) was amended to address several stakeholder comments without diminishing matters of legal and regulatory importance.
The proposed ILA authorizes the County Administrator to approve nonmaterial changes and execute the final ILAs, subject to CAO review and approval as to legal sufficiency. The proposed ILA also authorizes termination by the County Administrator. Upon entry, these ILAs would supersede any existing interlocal agreements currently in place with PACE program administrators.
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.