TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 38

COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE ACT

67-3808.  c-pace application and review process. (1) A local government participating in a C-PACE program must establish the form and manner of a C-PACE application and review process to evaluate project applications for C-PACE financing. At a minimum, an application shall require that:

(a)  An applicant must demonstrate that the project provides one (1) or more of the following benefits to the public:

(i)   Energy or water resource conservation;

(ii)  Reduced public health costs or risk; or

(iii) Reduced public emergency response cost or risk;

(b)  For an existing building, an applicant must provide an energy analysis by a licensed engineering firm, engineer, or other qualified professional listed in the program guidebook and:

(i)  Where energy or water usage improvements are proposed, a statement by the author of the analysis that the proposed qualified improvements will result in either more efficient use or conservation of energy or water or the addition of renewable sources of energy or water; or

(ii) Where resilience improvements are proposed, a statement by the author of the analysis that the qualified improvements will result in improved resilience; and

(c)  For new construction, an applicant must provide certification by a licensed engineering firm, engineer, or other qualified professional stating that the proposed qualified improvements will enable the project to:

(i)  Exceed the current building code’s requirements for one (1) or more of the following:

1.  Energy efficiency;

2.  Water efficiency;

3.  Renewable energy; or

4.  Renewable water; or

(ii)   Meet or exceed resilience standards for the local government’s building codes or, if none are available, compliance with a nationally available and recognized resiliency standard.

(2)  A local government shall establish a process for reviewing and approving applications for financing. The local government may require a capital provider to certify to the local government, in accordance with a process approved by the local government, that the property owner and the project meet the requirements of this chapter and the program guidebook and qualify for financing pursuant to this chapter.

(3)  The local government’s duties shall also include:

(a)  Execution and recording of the written assessment contract between the property owner and a duly authorized official of the local government, as well as execution and recording of the local government notice of assessment and C-PACE lien; and

(b)  Execution and recording of the notice of assessment and C-PACE lien, assignment of the assessment agreement to the capital provider, and notice of assignment of assessment and C-PACE lien to the capital provider.

(4)  The local government may bill, collect, and enforce the special assessment in the same time and same manner as a property tax, or the local government may assign to the capital provider providing financing the sole responsibility for billing, collection, and enforcement of the special assessment and lien. The decision of the local government to delegate must be made no later than the execution of the written assessment contract. After one (1) year from the date of any delinquency, enforcement of a delinquent assessment payment by a capital provider shall be made in the same manner as that prescribed in chapter 15, title 45, Idaho Code, for a deed of trust, except assessments not yet due may not be accelerated or eliminated by foreclosure of the past due amounts of the lien, or a property tax foreclosure or any other foreclosure of an indebtedness on the property. In any enforcement action by either the local government or capital provider, any outstanding and delinquent local property taxes at the time of the enforcement action must be satisfied prior to the delinquent amounts of the special assessment.

(5)  The local government, its officers, and employees are not liable at law or equity for actions taken pursuant to this section, except in cases of gross negligence, recklessness, or willful misconduct.

(6)  After an approved project is completed, an applicant shall provide to the local government written verification, as defined in the program guidebook, stating that the qualified project was properly completed and is operating as intended.

History:

[67-3808, added 2024, ch. 239, sec. 1, p. 855.]