reglab/housing_qa huggingface dataset:
UT Code § 11-42a-105 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 1 - General Provisions|Section 105 - Severability.

 Effective 3/28/2017  11-42a-105. Severability.  A court's invalidation of any provision of this chapter does not affect the validity of any other provision of this chapter. Enacted by Chapter 470, 2017 General Session
UT Code § 11-42a-106 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 1 - General Provisions|Section 106 - C-PACE district established -- OED to direct and administer C-PACE district.

 Effective 3/28/2017  11-42a-106. C-PACE district established -- OED to direct and administer C-PACE district.    (1) There is created the C-PACE district.     (2) The C-PACE district may, subject to Subsection (3):   (a) designate an energy assessment area;     (b) levy an assessment;     (c) assign an energy assessment lien to a third-party lender; and     (d) collect an assessment within an energy assessment area in accordance with Section 11-42a-302.       (3)   (a) The C-PACE district may only take the actions described in Subsection (2) if a governing body makes a written request of the C-PACE district to, in accordance with this chapter:   (i) create an energy assessment area within the jurisdiction of the governing body; and     (ii) finance an improvement within that energy assessment area.       (b) Before creating an energy assessment area under Subsection (3)(a), the C-PACE district shall enter into an agreement with the relevant public electrical utility to establish the scope of the improvement to be financed.       (4)   (a) OED shall administer and direct the operation of the C-PACE district.     (b) OED may:   (i) adopt a fee schedule and charge fees, in accordance with Section 63J-1-504, to cover the cost of administering and directing the operation of the C-PACE district;     (ii) delegate OED's powers under this chapter to a third party to assist in administering and directing the operation of the C-PACE district; and     (iii) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish procedures necessary to carry out the actions described in Subsection (2).       (c) If OED delegates OED's power under Subsection (4)(b)(ii), OED shall:   (i) delegate the authority through a written agreement with the third party; and     (ii) ensure that the written agreement includes provisions that:   (A) require the third party to be subject to an audit by the state auditor regarding the delegation;     (B) require the third party to submit to OED monthly reports, including information regarding the assessments the C-PACE district levies and the payments the C-PACE district receives; and     (C) insulate OED from liability for the actions of the third party and the C-PACE district while under the direction and administration of the third party.         (d) OED is subject to Title 63G, Chapter 7, Governmental Immunity Act of Utah.       (5) The state is not liable for the acts or omissions of the C-PACE district or the C-PACE district's directors, administrators, officers, agents, employees, third-party directors or administrators, or third-party lenders, including any obligation, expense, debt, or liability of the C-PACE district.    Enacted by Chapter 470, 2017 General Session
UT Code § 11-42a-202 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 2 - Energy Assessments|Section 202 - Designation of energy assessment area -- Requirements.

 Effective 3/28/2017  11-42a-202. Designation of energy assessment area -- Requirements.  A local entity may not include property in an energy assessment area unless the owner of the property located in the energy assessment area provides to the local entity:  (1) evidence that there are no existing delinquent taxes, special assessments, or water or sewer charges on the property;     (2) evidence that the property is not subject to a trust deed or other lien on which there is a recorded notice of default, foreclosure, or delinquency that has not been cured;     (3) evidence that there are no involuntary liens, including a lien on real property or on the proceeds of a contract relating to real property, for services, labor, or materials furnished in connection with the construction or improvement of the property; and     (4) the written consent of each person or institution holding a lien on the property.    Enacted by Chapter 470, 2017 General Session
UT Code § 11-42a-203 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 2 - Energy Assessments|Section 203 - Levying an assessment within an energy assessment area-- Prerequisites.

 Effective 3/28/2017  11-42a-203. Levying an assessment within an energy assessment area-- Prerequisites.    (1) If a local entity designates an energy assessment area in accordance with this chapter, the local entity may:   (a) levy an assessment within the energy assessment area; and     (b) collect the assessment by:   (i) directly billing the property owner; or     (ii) inclusion on a property tax notice issued in accordance with this section and Section 59-2-1317.         (2) If a local entity includes an assessment on a property tax notice as described in Subsection (1)(b) and bills for the assessment in the same manner as a property tax, the assessment constitutes a lien, is enforced, and is subject to other penalty provisions, in accordance with this chapter.     (3) If a local entity includes an assessment on a property tax notice, the county treasurer shall, on the property tax notice:   (a) clearly state that the assessment is for the improvement provided by the local entity; and     (b) itemize the assessment separately from any other tax, fee, charge, interest, or penalty that is included on the property tax notice in accordance with Section 59-2-1317.      Enacted by Chapter 470, 2017 General Session
UT Code § 11-42a-204 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 2 - Energy Assessments|Section 204 - Limit on amount of assessment.

 Effective 5/8/2018  11-42a-204. Limit on amount of assessment.    (1) An assessment levied within an energy assessment area may not, in the aggregate, exceed the sum of:   (a) the contract price or estimated contract price;     (b) overhead costs not to exceed 15% of the sum of the contract price or estimated contract price;     (c) an amount for contingencies of not more than 10% of the sum of the contract price or estimated contract price, if the assessment is levied before the completion of the construction of the improvements in the energy assessment area;     (d) capitalized interest; or     (e) an amount sufficient to fund a reserve fund.       (2) A local entity may only use the proceeds of an energy assessment bond or any third-party financing to refinance or reimburse the costs of improvements authorized under this chapter if the property owner incurred or financed the costs no earlier than three years before the day on which the local entity:   (a) adopts a parameters resolution;     (b) adopts an energy assessment resolution or ordinance; or     (c) assigns the energy assessment lien.      Amended by Chapter 431, 2018 General Session
UT Code § 11-42a-206 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 2 - Energy Assessments|Section 206 - Assessment fund -- Uses of money in the fund -- Treasurer's duties.

 Effective 3/28/2017  11-42a-206. Assessment fund -- Uses of money in the fund -- Treasurer's duties.    (1) Unless a local entity has assigned an energy assessment lien to a third-party lender under Section 11-42a-302, the governing body of each local entity that levies an assessment under this part on benefitted property within an energy assessment area, or the local entity's designee, may establish an assessment fund.     (2) The governing body or the local entity's designee, as applicable, shall deposit into the assessment fund all money paid to or for the benefit of the local entity from an assessment and interest on the assessment.     (3) The local entity may only expend money in an assessment fund for paying:   (a) local entity obligations; and     (b) costs that the local entity or the local entity's designee incurs with respect to the administration of the energy assessment area.       (4)   (a) The treasurer of the local entity or the local entity's designee, as applicable, is the custodian of the assessment fund, subject to Subsection (4)(c)(i).     (b) The treasurer of the local entity or the local entity's designee, as applicable, shall:   (i) keep the assessment fund intact and separate from all other local entity funds and money;     (ii) invest money in the assessment fund in accordance with Title 51, Chapter 7, State Money Management Act; and     (iii) keep on deposit in the assessment fund any interest the local entity receives from the investment of money in the assessment fund and use the interest exclusively for the purposes for which the governing body or the local entity's designee established the assessment fund.       (c) The treasurer of the local entity or the local entity's designee, as applicable, may:   (i) arrange for a trustee bank to hold the assessment fund on behalf of the local entity; and     (ii) pay money out of the assessment fund subject to Subsection (3).        Enacted by Chapter 470, 2017 General Session
UT Code § 11-42a-301 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 3 - Energy Assessment Liens|Section 301 - Assessment constitutes a lien -- Characteristics of an energy assessment lien.

 Effective 5/8/2018  11-42a-301. Assessment constitutes a lien -- Characteristics of an energy assessment lien.    (1) If a local entity that adopts an assessment resolution or ordinance records the assessment resolution or ordinance and the notice of proposed assessment, in accordance with Section 11-42a-201, in the office of the recorder of the county in which the assessed property is located, each assessment levied under this chapter, including any installment of an assessment, interest, and any penalties and costs of collection, constitutes a political subdivision lien, as that term is defined in Section 11-60-102, against the assessed property, in accordance with Title 11, Chapter 60, Political Subdivision Lien Authority, and subject to the provisions of this chapter, beginning on the effective date of the energy assessment resolution or ordinance that the local entity adopts under Subsection 11-42a-201(1)(a).     (2) An energy assessment lien under this section:   (a) is superior to the lien of a trust deed, mortgage, mechanic's or materialman's lien, or other encumbrances;     (b) has the same priority as, but is separate and distinct from:   (i) a lien for general property taxes;     (ii) any other energy assessment lien levied under this chapter; or     (iii) an assessment lien levied under Title 11, Chapter 42, Assessment Area Act;       (c) applies to any reduced payment obligations without interruption, change in priority, or alteration in any manner; and     (d) continues until the assessment and any related reduced payment obligations, interest, penalties, and costs are paid, regardless of:   (i) a sale of the property for or on account of a delinquent general property tax, special tax, or other assessment; or     (ii) the issuance of a tax deed, an assignment of interest by the county, or a sheriff's certificate of sale or deed.        Amended by Chapter 197, 2018 General SessionAmended by Chapter 431, 2018 General Session
UT Code § 11-42a-302 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 3 - Energy Assessment Liens|Section 302 - Assignment of energy assessment lien.

 Effective 3/28/2017  11-42a-302. Assignment of energy assessment lien.    (1)   (a) In lieu of issuing energy assessment bonds to finance the costs of improvements under this chapter, a third-party lender may provide financing to a property owner to finance, refinance, or reimburse the costs of improvements.     (b) A local entity, through the local entity's executive or administrator, as applicable, may assign to the third-party lender described in Subsection (1)(a) the local entity's rights in the energy assessment lien by entering into a written agreement with the third-party lender.       (2)   (a) If a local entity assigns the local entity's rights in an energy assessment lien to a third-party lender under Subsection (1), the local entity's executive or administrator, as applicable, may authorize the designation of the energy assessment area and the levying of the assessment in lieu of the adoption of an energy assessment resolution or ordinance by the governing body of the local entity under Section 11-42a-201.     (b) If a local entity assigns the local entity's rights under Subsection (1)(b), the local entity shall ensure that the written agreement with the third-party lender:   (i) includes the information required to be included within an energy assessment resolution or ordinance described in Section 11-42a-201;     (ii) complies with Section 11-42a-201;     (iii) requires the third-party lender to be subject to an audit by the state auditor regarding the assigned energy assessment lien;     (iv) requires the third-party lender to submit to the local entity monthly reports, including information regarding the payments the third-party lender receives; and     (v) insulates the local entity from liability for the actions of the third-party lender.         (3) If a local entity assigns an energy assessment lien to a third-party lender, in accordance with Subsection (1), except as provided in Subsection 11-42a-303(2), the third-party lender has and possesses the same powers and rights at law or in equity to enforce the lien that the local entity creating the lien would have if the local entity did not assign the lien, including the rights and powers of the local entity under Sections 11-42a-303 and 11-42a-304.     (4)   (a) Any financing in connection with the assignment of an energy assessment lien to a third-party lender under this section is not:   (i) an obligation of the local entity that assigns the lien; or     (ii) a charge against the general credit or taxing powers of the local entity that assigns the lien.       (b) A local entity may not obligate itself to pay any assessment levied or bond issued under this chapter.     (c) The assessments and the property upon which the energy assessment lien is recorded are the sole securities for the assignment of an energy assessment lien.      Enacted by Chapter 470, 2017 General Session
UT Code § 11-42a-304 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 3 - Energy Assessment Liens|Section 304 - Default in the payment of an installment of an assessment -- Interest and costs -- Restoring the property owner to the right to pay installments.

 Effective 3/28/2017  11-42a-304. Default in the payment of an installment of an assessment -- Interest and costs -- Restoring the property owner to the right to pay installments.    (1) If an assessment is payable in installments and a default occurs in the payment of an installment when due:   (a) the local entity may:   (i) declare the delinquent amount to be immediately due and subject to collection as provided in this chapter;     (ii) if the financed improvements are not completed by the completion deadline to which the property owner agreed in the bond or financing documents, then within 60 days after the completion deadline, accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and the interest then due to be immediately due and payable; and     (iii) charge and collect all costs of collection, including attorney fees; and       (b) except as provided in Subsection (1)(a)(ii), the local entity may not accelerate payment of the total unpaid balance of the assessment.       (2) Delinquency interest accrues from the date of delinquency on all applicable amounts described in Subsection (1)(a) until the property owner pays the delinquency in full.     (3) A local entity shall ensure that any interest that the local entity assesses under this section and any collection costs that the local entity charges under this section are the same as for delinquent real property taxes for the year in which the balance of the fee or charge becomes delinquent unless the local entity determines otherwise.     (4) Notwithstanding Subsection (1), a property owner may regain the right to pay an assessment in installments as if no default had occurred if the owner pays the amount of all unpaid installments that are past due with interest, collection and foreclosure costs, and administrative, redemption, and other fees, including attorney fees, before:   (a) the final date that payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, if the governing body enforces collection under Title 59, Chapter 2, Part 13, Collection of Taxes; or     (b) the end of the three-month reinstatement period provided in Section 57-1-31, if the governing body enforces collection through the method of foreclosing trust deeds.      Enacted by Chapter 470, 2017 General Session
UT Code § 11-42a-305 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 3 - Energy Assessment Liens|Section 305 - Release and discharge of energy assessment lien -- Notice of dissolution of energy assessment area.

 Effective 3/28/2017  11-42a-305. Release and discharge of energy assessment lien -- Notice of dissolution of energy assessment area.    (1)   (a) Upon payment in full of an assessment on a parcel of property, the local entity or third-party lender, in the event the local entity has assigned the energy assessment lien to the third-party lender, shall file a release and discharge of the energy assessment lien on the property in the office of the recorder of the county where the property is located.     (b) The local entity or third-party lender shall ensure that each release and discharge under Subsection (1)(a):   (i) includes a legal description of the affected property; and     (ii) complies with other applicable requirements for recording a document.         (2)   (a) Upon payment in full of all assessments levied within an energy assessment area, or upon providing for payment in full, the local entity or third-party lender, in the event the local entity has assigned the energy assessment lien to the third-party lender, shall file a notice of the dissolution of the energy assessment area in the office of the recorder of the county where the property within the energy assessment area is located.     (b) The local entity or third-party lender shall ensure that each notice under Subsection (2)(a):   (i) includes a legal description of the property assessed within the energy assessment area; and     (ii) complies with all other applicable requirements for recording a document.        Enacted by Chapter 470, 2017 General Session
UT Code § 11-42a-402 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 4 - Energy Assessment Bonds and Refunding Assessment Bonds|Section 402 - Energy assessment bond not a local entity's general obligation -- Liability and responsibility of a local entity issuing an energy assessment bond -- No state liability.

 Effective 3/28/2017  11-42a-402. Energy assessment bond not a local entity's general obligation -- Liability and responsibility of a local entity issuing an energy assessment bond -- No state liability.    (1)   (a) An energy assessment bond that a local entity issues under this chapter:   (i) is a limited obligation of the local entity; and     (ii) does not constitute nor give rise to:   (A) a general obligation or liability of the local entity or the state; or     (B) a charge against the general credit or taxing powers of the local entity or the state.         (b) The local entity shall ensure that the limitation described in Subsection (1)(a) is plainly stated upon the face of the bond.     (c) The assessments and the property upon which the energy assessment lien is recorded are the sole securities for an energy assessment bond.       (2)   (a) A local entity that issues an energy assessment bond is not liable and may not obligate itself for payment of the bond, except for a fund that the local entity creates and receives from assessments against which the bond is issued.     (b) Unless otherwise provided in this chapter, a local entity that issues an energy assessment bond is responsible for:   (i) the lawful levy of all assessments; and     (ii) the faithful accounting, collection, settlement, and payment of assessments.        Enacted by Chapter 470, 2017 General Session
UT Code § 11-42a-403 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 42a - Commercial Property Assessed Clean Energy Act|Part 4 - Energy Assessment Bonds and Refunding Assessment Bonds|Section 403 - Refunding assessment bonds.

 Effective 3/28/2017  11-42a-403. Refunding assessment bonds.    (1) A local entity may, by a resolution adopted by the governing body, authorize the issuance of a refunding assessment bond as provided in this section, to repay prior bonds in whole or in part, whether at or before the maturity of the prior bonds, at stated maturity, upon redemption, or upon declaration of maturity.     (2)   (a) Subject to Subsection (2)(b), the issuance of a refunding assessment bond is governed by Title 11, Chapter 27, Utah Refunding Bond Act.     (b) If there is a conflict between a provision of Title 11, Chapter 27, Utah Refunding Bond Act, and a provision of this part, the provision of this part governs.       (3) In issuing a refunding assessment bond, the local entity shall require the refunding assessment bond and interest on the bond to be payable from and secured, to the extent the prior bonds were payable from and secured, by:   (a) the same assessments; or     (b) the reduced assessments adopted by the governing body under Section 11-42a-404.       (4) A refunding assessment bond:   (a) is payable solely from the sources described in Subsection (3);     (b) matures no later than one year after the date of final maturity of the prior bonds;     (c) does not mature at a time or bear interest at a rate that will cause the local entity to be unable to pay the bond when due from the sources listed in Subsection (3);     (d) bears interest as the governing body determines and subject to the provisions relating to interest in Section 11-42a-401; and     (e) pays one or more issues of the issuing local entity's prior bonds.       (5) If the bond refunds two or more issues of a local entity's prior bonds, the local entity may issue the bond in one or more series.    Enacted by Chapter 470, 2017 General Session
UT Code § 11-44-101 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 44 - Performance Efficiency Act|Part 1 - General Provisions|Section 101 - Title.

 Effective 5/12/2015  11-44-101. Title.  This chapter is known as the "Performance Efficiency Act." Amended by Chapter 181, 2015 General Session