Section 648-5-3 - PROGRAM ADMINISTRATIONIn implementing and administering a C-PACE Program, Property Owners, Capital Providers, Municipalities, and the Program Administrator shall complete and comply with the following provisions.
1. C-PACE Program Administration. a. The entity that administers a C-PACE Program is referred to in these rules as a Program Administrator.b. A municipality that has adopted a C-PACE ordinance may: (i) Enter into a contract with the Trust to serve as the Program Administrator and to administer the functions of the C-PACE Program for the Municipality, or(ii) Serve as the Program Administrator itself, to administer the functions of a C-PACE Program, including, but not limited to, entering into C-PACE Agreements with commercial property owners in its jurisdiction and collecting C-PACE Assessments.2. Model documents; educational materials. The Trust shall develop and provide to Municipalities model C-PACE ordinances, model C-PACE agreements, other model forms and documents and educational materials for use by Municipalities, Property Owners and Registered Capital Providers in the implementation of C- PACE Programs.3. The Trust may: a. enter into a contract with a C-PACE Municipality whereby the Trust will serve as the Program Administrator in the municipality;b. collect fees necessary to administer the C-PACE Program; andc. subcontract with one or more 3rd-parties to perform part or all of the duties of a Program Administrator on behalf of the Trust.4. Notwithstanding any provision of law to the contrary, staff or trustees of the Trust, municipal officers and municipal officials, including, without limitation, tax assessors and tax collectors, are not personally liable to the Trust or to any other person for claims, of whatever kind or nature, under or related to a C-PACE Program established under the C-PACE Act and these Rules.5. Other than the fulfillment of its obligations specified in a C-PACE agreement, neither the Trust nor a Municipality has any liability to a commercial property owner for or related to Energy Savings Improvements financed under a C-PACE Program.6. Administrative Costs a. Responsibility for Administrative Costs. The Program Administrator shall be responsible for the costs of administration of the C-PACE Program. Notwithstanding any provision of law to the contrary, the Program Administrator may use funds from its administrative fund, program funds or fees on C-PACE Assessments to pay reasonable administrative expenses of the Program Administrator or to pay a 3rd party contracted by the Program Administrator for costs incurred to carry out the purposes of this C-PACE Program. Such administrative costs may be included in and paid from the C-PACE Assessments collected on each C-PACE Loan in accordance with a fee schedule agreed to by the Program Administrator and Registered Capital Providers.b. Fee Schedule. A C-PACE Municipality that elects to administer loan origination and servicing functions through its employees or a third-party agent shall be entitled to recover these costs from C-PACE Assessments on the same fee schedule as the Trust. Costs to such Municipalities, however, that exceed the fee schedule established by the Trust shall be the responsibility of the Municipality.