STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 38
COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE ACT
67-3807. c-pace program requirements. The terms of a program established pursuant to section 67-3806(3), Idaho Code, shall include:
(1) Appropriate eligibility factors, including certification by the property owner that:
(a) The property owner requesting to participate in the program:
(i) Is the legal owner of the benefited property;
(ii) Is current on mortgage and property tax payments; and
(iii) Is not insolvent or in bankruptcy proceedings; and
(b) The title of the benefited property is not in dispute;
(2) A requirement that:
(a) The total debt secured by the property, including the C-PACE assessment, does not exceed ninety percent (90%) of the fair market value of the property as complete or as stabilized;
(b) The C-PACE assessment does not exceed:
(i) In the case of new construction, thirty-five percent (35%) of the fair market value of the property as complete or as stabilized; or
(ii) In the case of a retrofit of existing property, twenty-five percent (25%) of the fair market value of the property as completed or as stabilized; and
(c) The determination of fair market value shall be established by a qualified appraisal completed no more than twelve (12) months prior to the time of application;
(3) A description of the types of qualified projects that may be subject to special assessments;
(4) A statement identifying the local government official authorized to enter into and execute written contracts on behalf of the local government;
(5) A statement that the period of the special assessment must not exceed the weighted average of the useful life of the qualified project that is the basis for the assessment;
(6) A statement explaining the manner in which property will be assessed and how assessments will be collected; and
(7) The procedures for billing and collecting voluntary special assessments and remedies for enforcement of a delinquent special assessment.
History:
[67-3807, added 2024, ch. 239, sec. 1, p. 854.]