Subject:
Title
Resolution Amending Commercial Property Assessed Clean Energy (PACE) Program to Conform to Recent Legislation
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Fiscal Impact:
None.
Dept/Office:
County Attorney's Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners (1) adopt a resolution amending prior Resolution No. 18-040 and Resolution No. 22-067 to conform with recent State legislation; and (2) authorize the County Manager to sign amendments to existing interlocal agreements with commercial PACE program administrators to comply with statutory revisions.
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Summary Explanation and Background:
On March 20, 2018, the Board of County Commissioners voted to adopt Resolution No. 18-040, which implemented the Property Assessed Clean Energy (PACE) program in Brevard County pursuant to Section 163.08, Florida Statutes (the "Florida PACE Act" or the "Act"). On August 2, 2022, the Board of County Commissioners adopted Resolution No. 22-067, which partially rescinded Resolution No. 18-040 by terminating the PACE Program in Brevard County as to single-family residential properties and non-profit organizations.
This year, the Florida legislature adopted Senate Bill 770. Effective July 1, 2024, the new law significantly restructured the Florida PACE Act in order to enhance certain protections for consumers entering into PACE contracts, ensure oversight for contractors that install improvements, and expand the universe of improvements that PACE financing may be utilized to install. Specifically, the Act now delineates differing procedures and protections for residential properties (Residential PACE, or R-PACE) and commercial properties (Commercial PACE, or C-PACE). The Act is now codified in Sections 163.08 through 163.087, Florida Statutes.
The proposed resolution amends prior Resolution Nos. 18-040 and 22-067 to comply with the amended Act. The resolution includes an approved form to be used to update existing interlocal agreements with PACE program adm...
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