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2023-31 Ordinance Creating PACE Area and Establishing Illinois Finance Authority Program Administrator and Bond Issuer
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2023-31 Ordinance Creating PACE Area and Establishing Illinois Finance Authority Program Administrator and Bond Issuer
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6/7/2023 10:00:25 AM
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6/7/2023 10:00:21 AM
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Resolution/Ordinance
Res Ord Num
2023-31
Res Ord Title
2023-31 Ordinance Creating PACE Area and Establishing Illinois Finance Authority Program Administrator and Bond Issuer
Department
Legal
Approved Date
6/5/2023
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Additionally, in their capacity as PACE Project Administrators, capital providers can fairly <br /> manage existing and future relationships with record owners without the risks associated with <br /> sharing business intelligence with affiliates of competing capital providers that have secured an <br /> exclusive role as program administrator for a county or municipality. <br /> The statewide, open market architecture of the IFA PACE Program also offers what no other <br /> property assessed clean energy program in Illinois can offer: uniformity; the financing or <br /> refinancing of all PACE Projects regardless of location is undertaken by a single issuer of bonds <br /> or notes. The Illinois Finance Authority has statewide authorization to issue bonds and notes to <br /> fund PACE Projects located in any PACE area, thus doing away with any issuance of bonds or <br /> notes by the Governmental Unit. In turn, the Governmental Unit and its fellow counties and <br /> municipalities enjoy the benefit of not incurring any related conduit debt compliance or <br /> accounting obligations. The simplification of a single conduit issuer with statewide <br /> authorization to fund PACE Projects attracts capital providers that desire a standardized, <br /> efficient, and affordable way to facilitate access to capital for record owners, further reducing <br /> legal and financing costs for such record owners. <br /> Under the IFA PACE Program, the Governmental Unit always retains its prerogatives as set <br /> forth in the PACE Act and the PACE Ordinance, including the right to establish other property <br /> assessed clean energy programs and to issue its own bonds or notes under such other programs. <br /> Program Roles and Responsibilities <br /> The roles and responsibilities of the Governmental Unit, the Authority, the PACE Area <br /> Administrator,the PACE Project Administrators, and the capital providers under the IFA PACE <br /> Program are described below. <br /> Governmental Unit <br /> Pursuant to the PACE Ordinance, any one of the Authorized Officers set forth therein, acting <br /> singly, on behalf of the Governmental Unit, may execute and deliver an assessment contract and <br /> related assignment agreement assigning the assessment contract to the Authority as collateral for <br /> the financing or refinancing,or interim financing,of a PACE Project. <br /> Illinois Finance Authority <br /> Pursuant to the PACE Ordinance, the Governmental Unit has designated the Authority as the <br /> sole conduit issuer of bonds and notes to fund any PACE Projects approved under the IFA PACE <br /> Program. <br /> The Authority is a body politic and corporate created under the laws of the State of Illinois (the <br /> "State"). The Authority was created under the Illinois Finance Authority Act, 20 ILCS <br /> 3501/801-1 et seq., as amended from time to time (the "Authority Act"), which consolidated <br /> seven of the State's previously existing financing authorities. Under the Authority Act, the <br /> Authority may not have outstanding at any time bonds or notes for PACE Projects in an <br /> aggregate principal amount exceeding $2,000,000,000 (subject to change, from time to time, by <br /> acts of the State Legislature). Pursuant to the Authority Act,the Authority is governed by up to <br /> 3 <br />
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