Broward County Commission Regular Meeting

MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, June 11, 2019, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution amending the Broward County Administrative Code, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO DEFINITIONS, PERFORMANCE STANDARDS, AND CONSUMER PROTECTIONS FOR PROPERTY ASSESSED CLEAN ENERGY PROJECTS; AMENDING SECTIONS 22.175, 22.176, AND 22.177 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

(Per the Tuesday Morning Memorandum, the Board deferred this item to the June 11, 2019 Commission Meeting at the request of the Mayor. The Public Hearing will be set for August 13, 2019.)
 

The Broward County Charter requires the posting of notice and a public hearing for adoption of amendments to the Broward County Administrative Code.

Sets a public hearing on proposed changes to Broward County Administrative Code Sections 22.175, 22.176, and 22.177 relating to the definitions, performance standards, and consumer protections of the County's Property Assessed Clean Energy ("PACE") program.

None.

This item supports the County Commission's Value: Encouraging investments in renewable energy, sustainable practices and environmental protection by implementing the following County Commission Goal: a) seek funding for, implement policies and pursue projects promoting, the use of alternative energy, resource conservation, sustainable practices, and environmental protection.
 
The Board of County Commissioners authorized the County's PACE program at the June 14, 2016, Regular Meeting (Item No. 52) via Resolution No. 2016-334 creating Chapter 22, Part XXVIII, of the Broward County Administrative Code. Under this program, authorized PACE program providers can use non-ad valorem assessments to provide a funding mechanism to homeowners and businesses for energy efficiency and conservation, renewable energy improvements, and wind resistance.
 
Implementation of the Broward County PACE program over the past three (3) years has revealed the need to strengthen the program's consumer protections and to better highlight for interested homeowners the potential financial implications associated with participation in the residential PACE program. There is also the need to ensure that the program complies with the original intent of energy efficiency and conservation, renewable energy improvements, and wind resistance improvements.
 
Accordingly, the proposed amendment to Chapter 22, Part XXVIII, of the Broward County Administrative Code:

• Sets performance standards for PACE improvements;
• Establishes financing limits for residential property owners with an annual household income up to and including one hundred twenty percent (120%) of the average median household income in Broward County (as calculated by the U.S. Department of Housing and Urban Development);
• Creates a one-page residential property owner disclosure form for use by all PACE providers that consolidates PACE financing information and notice of obligations and requires its delivery to prospective residential property owners and, after the owner has signed it, to the County;
• Requires recording of the PACE disclosure interview with each residential property owner by the respective PACE provider and mandates that the recording be made available to the property owner upon request;
• Requires providing the residential property owner with the ability to cancel the agreement within three (3) days after either the contract execution or the recorded disclosure interview, whichever comes later;
• Requires residential property owners to have at least a ten percent (10%) equity interest in the subject property;
• Requires that no application fee shall be charged to residential property owners for rejected PACE applications; and
• Requires that no prepayment penalty shall be applied to residential property owners.

The proposed one-page residential disclosure form is attached as Exhibit 3. The Resolution authorizes the County Administrator or designee to finalize the Residential Disclosure Form and to approve future amendments, as deemed necessary.