Current through the 2024 Regular Session
Section 67-3806 - PROCEDURES TO ESTABLISH A C-PACE PROGRAM(1) To establish a C-PACE program pursuant to this chapter, the local government must: (a) Adopt a resolution of intent that includes:(i) A finding that the financing of qualified projects through special assessments is a valid public purpose;(ii) A statement that the local government intends to authorize direct financing between property owners and capital providers as the means to finance qualified projects;(iii) A statement that the local government intends to authorize special assessments, entered into voluntarily by a property owner with the local government by means of the written assessment contract, to repay the financing for qualified projects available to property owners;(iv) A description of the types of projects that may qualify for voluntary special assessments;(v) A description of the boundaries of the region;(vi) A description of the proposed arrangements for administration of the program according to the provisions of this chapter;(vii) A statement of the time and place for a public hearing on the proposed program as required in paragraph (b) of this subsection; and(viii) A statement designating the local official, department, or employee charged with administering the program and executing written agreements with property owners to impose voluntary assessments on a property.(b) Hold a hearing for the public to comment on the proposed program as outlined in the resolution of intent; and(c) Following such hearing, adopt a resolution establishing the program and its terms.(2) Subject to the terms of the resolution establishing the program as provided in subsection (1)(c) of this section, the local government may amend a program by resolution.(3) The enactment of a resolution establishing a program and its terms shall allow a local government to place voluntary special assessments on property without any additional action by the local government.(4) A local government may:(a) Hire and set the compensation of a program administrator and program staff; or(b) Delegate or contract for professional or administrative services necessary to administer the program on a nonexclusive basis.(5) A local government is authorized to impose service fees to offset the actual and reasonable costs of administering a program. A fee of no more than five hundred dollars ($500) may be charged at the time of a property owner's application. In addition, a servicing fee for approved applications may be calculated as one percent (1%) of the total amount financed, not to exceed fifty thousand dollars ($50,000).Added by 2024 Session Laws, ch. 239,sec. 1, eff. 7/1/2024.