Bill Summary for S 802 (2023-2024)

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Summary date: 

May 6 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 802 (Public) Filed Thursday, May 2, 2024
AN ACT TO ADVANCE BUILDING RESILIENCY AND UTILITY EFFICIENCY IN NORTH CAROLINA BY AUTHORIZING A STATEWIDE PROGRAM TO UTILIZE ASSESSMENTS TO REPAY NONPUBLIC FINANCING OF COMMERCIAL BUILDING IMPROVEMENTS THAT WILL PROMOTE ECONOMIC DEVELOPMENT, REDUCE UTILITY BILL COSTS, AND HARDEN COMMERCIAL BUILDINGS AGAINST STORM AND FLOOD DAMAGE AND TO AMEND ARTICLE 8 OF CHAPTER 143 OF THE GENERAL STATUTES TO MODIFY THE REQUIREMENTS TO BE CERTIFIED AS A MINORITY BUSINESS OR HISTORICALLY UNDERUTILIZED BUSINESS.
Intro. by Johnson, Lazzara, Lee.

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Bill summary

Enacts Article 10B, titled the "Commercial Property Assessed Capital Expenditure and Resilience Act (C-PACE)," in GS Chapter 160A. Sets forth legislative findings and 15 defined terms. Defines qualified improvement to mean a permanent improvement that is affixed to a qualified commercial property (defined) and includes one of the following characteristics approved by the administrator, as described: energy efficiency measure; resiliency measure; renewable energy measure; and/or water conservation measure. Defines capital provider to mean a private entity, or the private entity's designee, successor, and assigns, that makes or funds qualifying improvements under the Article. 

Authorizes the establishment of a statewide C-PACE program that local governments can voluntarily join to allow willing owners of certain properties to obtain low-cost, long-term financing for qualifying improvements including energy efficiency, water conservation, renewable energy, and resilience projects, secured by a recorded assessment and lien pursuant to the Article. Designates the Department of Commerce (DOC) as the program’s sponsor. Authorizes the Economic Development Partnership of North Carolina (Partnership) to serve as administrator of the C-PACE program with seven listed prongs of oversight responsibility, including preparing a C-PACE toolkit in consultation with local governments and the DOC, imposing fees to offset the actual and reasonable costs of administering C-PACE which are capped at $750 for application fees and $25,000 for processing fees for financed projects, establishing a process for reviewing and evaluating applications, accepting and approving applications for C-PACE financing, recording of liens or notice of assignments pertaining to C-PACE assessments and liens, and annual reports to DOC. Exempts the C-PACE toolkit and any actions of the Partnership or DOC in the administration of the program from GS Chapter 150B of the APA (rulemaking, hearings, judicial review).

Requires local governments seeking to participate in the program to adopt a resolution with specified content including, (1) an authorization for the C-PACE program to operate within its jurisdictional boundaries, (2) its intent to participate in the program and take associated actions, and (3)statement that he amount of a C-PACE financing and related assessment repayment rems must be pursuant to the related financing agreement. Bars local government from receiving funds for repayment of C-PACE assessments and directs that if any such funds are received, they are considered custodial funds for the benefit of the capital provider. 

Details procedures and requirements pertaining to State and local government immunity. Places sole enforcement responsibility upon the capital provider. Further provides for foreclosure procedure, parameters, and lien priority, with the C-PACE lien being inferior to all non-governmental liens on the property prior to the date on which the notice of the C-PACE lien was recorded, subject to mortgage holder consent. Details the effect of a C-PACE lien, deeming the lien to run with the land and be superior to all other liens from the date of recordation. Bars contesting matters regarding whether the lien is a qualified improvement, or financing procedural or substantive irregularities, following recordation of the C-PACE lien. 

Provides a non-exhaustive list of permissible financing for assessments, including material and labor costs, permit fees, inspections fees, and capitalized interest. Restricts the term of financing to the weighted average useful life if multiple improvements are approved. Provides for financing negotiations and enforcement responsibilities.  

Provides for prior consent of each holder of a mortgage or deed on the property securing indebtedness, required to be submitted to the Partnership, which also acknowledges that the assessment is not an event of default under the terms of the mortgage or deed. Specifies that financing arrangements can include direct purchases or contractual agreements. 

Makes conforming and/or changes to GS 105-375 (in rem foreclosures) and GS 105-374 (foreclosure by tax lien). 

Appropriates $50,000 from the General Fund to DOC in nonrecurring funds for the 2024-2025 fiscal year to allocate to the Economic Development Partnership of North Carolina to develop the C-PACE toolkit.

Effective July 1, 2024.