Loudon County, VA passes a C-PACE - enabling ordinance

In January 2018, the Loudoun County Board of Supervisors unanimously voted to direct staff to develop a C-PACE program structure, evaluate options for Program Administration, and draft an ordinance. The County's ordinance was approved by the Board on February 21, 2019. The County is now in the procurement process for a program administrator. The Commonwealth of Virginia enabled local governments to implement PACE programs in 2015. Since then, in early 2018 Arlington County became the first jurisdiction to enact a C-PACE program. In November 2018, Fredericksburg also passed a PACE-enabling ordinance, and this week Loudon County became the third Virginia jurisdiction to do the same. Fairfax

VA Attorney General Issues Advisory Opinion Related to C-PACE

On February 1, the Virginia Office of the Attorney General (OAG) issued an Advisory Opinion in response to a request from Loudoun County's Attorney. The OAG's opinion clarifies two key issues with regard to authority under section 15.2-958.3 of state code: 1) local governments may authorize by ordinance third party program administrators or capital providers to perform billing and collecting of C-PACE loan payments; and 2) localities may by ordinance assign rights to capital providers to record and enforce voluntary special assessment liens that underlie C-PACE deals in the event of default. See the full letter here.

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