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County attorney to draft commercial PACE ordinance after board signals support
Summary
Nassau County's attorney will draft an ordinance to allow commercial Property Assessed Clean Energy (PACE) financing after commissioners indicated a majority interest; the board did not adopt an ordinance Monday but set target dates for a workshop and return on the issue.
The Nassau County Board of County Commissioners directed the county attorney to prepare an ordinance to enable commercial Property Assessed Clean Energy (PACE) financing after a presentation and questions Monday evening.
The county attorney outlined the history and legal framework for PACE programs, noting the program structure originates from 2010 state-authorized financing that places a voluntary assessment on property tax rolls. "This is a voluntary assessment, goes on your tax roll, it actually is subordinate or not subordinate but priority over a mortgage," the county attorney said, explaining the financing mechanism and legal complexities observed with earlier residential programs.
The county attorney told commissioners that past experience with residential PACE programs produced problematic arrangements with some private providers and litigation across jurisdictions, and the county's review did not recommend further residential PACE at this time. However, he said, newer commercial PACE products may support economic development by providing low-cost financing for energy efficiency and resilience projects for businesses.
County Manager Pope and commissioners discussed the item in the context of economic development. Commissioner Martin, who serves as the board's liaison to the economic development board, said local stakeholders had discussed potential benefits for manufacturers and other business owners.
The county attorney asked the board whether at least a majority supported drafting an ordinance; several commissioners indicated support. The county attorney said he would bring back a draft ordinance for review and scheduled a workshop and subsequent meeting dates to review and consider the ordinance: a workshop on July 16 and a return for formal consideration on July 28 were discussed as target dates.
No formal ordinance was adopted Monday; commissioners provided direction to proceed with drafting and outreach. The county attorney said the draft would address program safeguards and the legal structure required to enter interlocal agreements with a commercial PACE provider should the county choose to proceed.
The board's next steps are for the county attorney to prepare the ordinance language and for staff to schedule the workshop and return to the board for full consideration. County staff did not provide fiscal impact figures at the discussion; the county attorney said detailed terms would be included in a draft ordinance and interlocal agreements later in the process.
