2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-104 - C-PACER program - Designation of region - Administration of program - Financing for assessments

(a)
A local government may establish a C-PACER program and exercise all powers granted under this chapter.
(b)
(1)
The local government shall designate a region within its boundaries as an area in which C-PACER activities are eligible.
(2)
If the local government is a county, then the region designated may encompass the whole of the unincorporated and incorporated areas inside the county's boundaries.
(c)
Except as otherwise provided in subsection (g), a local government that establishes a program, or establishes a program through its designee, including the program administrator, may enter into a written assessment contract with a property owner to establish a voluntary assessment to repay the owner's financing of a qualified project on the owner's property as long as the conditions set forth in §
68-205-103
are met.
(d)
A local government may administer a program, delegate administration pursuant to §
68-205-107
, delegate administration to the program administrator, or delegate administration to a single, independent, and qualified third party for all C-PACER assessments within the region as identified in subsection (b).
(e)
If the program provides for third-party administration, then the local government official authorized to enter into a written contract with a property owner pursuant to subsection (c) shall also enter into a written contract with the program administrator. The contract must require the third party to reimburse the local government for costs associated with monitoring the program, imposing the assessment, and billing and collecting payments on behalf of the third party.
(f)
The financing for assessments imposed may include, but is not limited to:
(1)
The cost of materials and labor necessary for the installation or modification of a qualified improvement;
(2)
Permit fees;
(3)
Inspection fees;
(4)
Lender fees;
(5)
Program application and administrative fees;
(6)
Project development and engineering fees;
(7)
Interest reserves;
(8)
Capitalized interest, in an amount determined by the owner of the commercial property and the third party providing financing under this section; and
(9)
Other fees or costs incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis, as determined by the local government.
(g)
Prior to entering into the written assessment contract, the local government shall require each record owner to consent to the assessment, which may be executed in the owner's sole and absolute discretion, and acknowledge in writing that the owner may be responsible for the payment of any remaining principal balance of the assessment upon the sale of the property unless the remaining balance is assumed by the acquiring property owner.
Amended by 2022 Tenn. Acts, ch. 868, s 4, eff. 4/14/2022.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.