systems; automated energy control systems; improved lighting, including daylighting; energy recovery systems; combined heat and power systems; or any other utility cost savings measure approved by the governing body. (7) ‘Governing body’ means, as appropriate, the county council or councils with authority over the geographic area in which the district lies and acting pursuant to the provisions of this chapter. (8) ‘Owner’ means an owner of qualifying real property whose name appears on the county tax records as an owner of real estate, who desires to execute clean energy improvements and provides consent to an assessment against the qualifying real property to finance clean energy improvements. (9) ‘Program’ or ‘C PACE program’ means a program established by a governing body to administer commercial property assessed clean energy financing within a district. Such program may be administered by the governing body or by a third party for such program administration services. (10) ‘Program administration services’ mean services provided by a governing body or by a third party, including, but not limited to, assessment, collection of payments, and enforcement of delinquency. (11) ‘Qualifying real property’ means a commercial property, including industrial, agricultural, non-profit owned buildings, and multifamily dwellings consisting of five or more units that the governing body has determined, after review, can be benefited by the installation of clean energy improvements. Qualifying real property does not include non-profit owned single family residential property. Multifamily dwellings with five or more units must be considered ‘nonresidential’ customer generators to ensure these commercial properties adhere to the capacity restrictions of Section 58-40-10(C). (12) ‘Renewable energy resource’ means a source of energy that includes, but is not limited to, solar photovoltaic and solar thermal resources, wind resources, low impact hydroelectric resources, geothermal resources, tidal and wave energy resources, recycling resources, hydrogen fuel derived from renewable resources, combined heat and power derived from renewable resources, and biomass resources. (13) ‘Renewable energy facility’ means a facility that generates electric power by the use of a renewable generation resource that was placed in service for use by or to provide power to an electrical utility after January 1, 2016. A renewable energy facility also shall mean any incremental capacity, installed after
or similar organization. Any work that is determined to have been done improperly or to be inappropriately sized for the intended use must be remedied by the responsible contractor. (3) require clean energy improvements to adhere to the requirements of Article 23, Chapter 27, Title 58 and Chapters 37, 39, and 40 of Title 58. (4) require applicants to provide documentation of approval for proposed technologies and improvements by all historical and architectural review boards with jurisdiction over the qualifying real property. (5) provide that the owner of the qualifying real property, who is subject to a mortgage, must obtain written consent from the mortgage holder before participating in the C PACE program; (6) provide a methodology for the imposition, apportionment, adjustment, and termination of the assessment under Section (7) require that the term of the assessment under Section must not exceed the weighted average of the useful life of the clean energy improvements installed and in no instance be for more than twenty years from the date of the initial assessment; (8) provide that payments and assessments shall not be accelerated due to a default and further provide that a tax delinquency exists only for C PACE assessments not paid when due; (9) require that liability for assessments related to the financing of clean energy improvements remains with the qualifying real property; (10) impose requirements and conditions on financing arrangements to ensure timely repayment; and (11) require that qualifying real property must be current on property tax and assessment payments and further require that a property owner must not be in foreclosure or have any involuntary liens, defaults, or judgments applicable to the subject qualifying real property. Section 6-39-50. (A) Properties within the district need not be contiguous, and any participating governing body may, by resolution: (1) add properties of owners who have voluntarily executed a written agreement with members of a district consenting to the inclusion of their property within the district and participation in the program; and (2) remove properties of owners who have satisfied their contractual assessment obligations.