Board adopts commercial PACE ordinance, residential PACE expressly prohibited

The Nassau County Board of County Commissioners on July 28 adopted an ordinance to authorize a commercial Property Assessed Clean Energy (CPACE) financing program and to prohibit residential PACE in the county.

County Attorney Denise May summarized the ordinance and the board's prior workshop discussions. The adopted ordinance (ordinance number recorded in the packet) establishes an application process for PACE program administrators, requires program administrators to be authorized by BOCC resolution, and mandates an interlocal agreement before administrators may operate in the county. The ordinance follows statutory definitions and limits; staff and the county attorney said the residential PACE product had proven problematic elsewhere and the county is limiting the program to commercial properties only.

The ordinance allows the BOCC to repeal an authorization if an administrator violates the interlocal agreement; existing financings would continue but the county would bar further financing by that administrator. County Attorney May said she has received communication from at least one entity interested in executing an interlocal agreement but no administrator was yet approved on the record. The board approved the ordinance by unanimous vote (5-0).

The ordinance uses statutory definitions for qualifying improvements and retains the county text requiring qualifying improvements be permanently affixed to real property; staff said they will monitor administrator feedback and bring amendments back if the statutory interpretation creates unintended limits for qualified improvements.