WA Rev Code § 36.165.020 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.165 - Commercial Property Assessed Clean Energy and Resiliency (C-Pacer) Program.|36.165.020 - Voluntary statewide program—County participation—Program criteria, requirements, and administration.

RCW 36.165.020 Voluntary statewide program—County participation—Program criteria, requirements, and administration.(1)(a) The department of commerce may establish a voluntary statewide C-PACER program that counties may choose to participate in. A county may establish a separate voluntary countywide C-PACER program, provided that it conforms to the requirements of this chapter.(b) A C-PACER program shall be managed efficiently and transparently, including by:(i) Making any services that the program may choose to offer to property owners, such as estimating energy savings, overseeing project development, or evaluating alternative equipment installations, priced separately and open to purchase by the property owner from qualified third-party providers;(ii) Making any properties participating in the program available to receiving impartial terms from all interested and qualifying third-party capital providers;(iii) Allowing financial underwriting and evaluation to be performed by capital providers; and(iv) Working in a collaborative working group process with capital providers and other stakeholders to develop the program guidebook and any other relevant documents or forms.(2) The program shall establish uniform criteria for which projects qualify due to their public benefit for participation in C-PACER programs including, but not limited to, criteria for measuring or determining if investments in energy will reduce greenhouse gas emissions; be effective for reducing energy demand or replacing nonrenewable energy with renewable energy; will be appropriate to meet seismic risks for each region of the state and type of structure; will reduce stormwater or pollution to be significant public benefit; or will reduce the risk of wildfire, flooding, or other natural or human-caused disaster, including how to determine if the public benefit in reduced public risk and emergency response qualifies for inclusion in C-PACER programs.(3) The program must prepare a program guidebook that must include at minimum:(a) A sample form bilateral or triparty agreement or agreements, as appropriate, between a county, the property owner, and the capital provider which details the agreement between the county and the property owner to have an assessment placed on the qualified property as repayment for C-PACER financing; an agreement by the county to place a lien on the property to secure the obligation to repay; the obligation of the property owner to repay the C-PACER financing to the capital provider; and an assignment of the C-PACER lien by the county to the capital provider;(b) A statement that the period of the financing agreement will not exceed the useful life of the qualified project, or weighted average life if more than one qualified improvement is included in the qualified project, that is the basis for the financing agreement;(c) A description of the application process and eligibility requirements for participation in the program;(d) A statement explaining the lender consent requirement provided in RCW 36.165.070;(e) A statement explaining the review requirement provided by RCW 36.165.030;(f) A description of marketing and participant education services to be provided for the program;(g) A statement specifying that the county has no liability as a result of the agreement; and(h) A program guidebook need not be completed and adopted prior to accepting and approving applications by a program, so long as the program complies with the provisions of this chapter.(4) The program administrator must make the program guidebook available for public inspection on the county's or department of commerce's website.(5) A county or the department of commerce may contract out the responsibilities of program administration, including the responsibilities of this section, to a public, quasi-public, or private third-party entity.(6) Any county program guidebook established prior to a statewide program may subsequently include or incorporate by reference any aspect of a statewide program guidebook; however, upon development of a statewide program guidebook with a form agreement or agreements developed pursuant to subsection (3)(a) of this section, the form agreement or agreements shall be required to be used by all county programs from the time that the first C-PACER lien is recorded under the statewide program, or the department of commerce may incorporate by reference any portion of any county program guidebooks, including a form agreement or agreements, as its program guidebook.(7) The department of commerce may provide grants to counties to assist in the design and implementation of C-PACER programs under this chapter.[ 2020 c 27 § 3.]