In the last section we covered the proposed fees associated with the program administration.

In this section we cover possible municipal and county programs, which the guidelines refer to as Local C-PACE Programs. All C-PACE programs must be adopted locally by ordinance, but in addition the top one-third of municipalities by population can establish local programs aimed at facilitating and administering C-PACE within their jurisdiction.

A municipality which, as of the launch date of the Program, is in the top third of municipalities in the State in terms of population (rounded up), according to the most recent American Community Survey published by the United States Census Bureau (“Authorized Municipality”), may establish a Local C-PACE Program subject to approval by the Authority. A county may also establish a Local C-PACE Program pursuant to a local C-PACE program ordinance to facilitate the financing of C-PACE projects in Participating Municipalities located in that county. The Authority shall publish a list of Authorized Municipalities and counties with approved Local C-PACE Programs on the Authority’s Program website.

In order to become an authorized Local C-PACE Program, municipalities must already be participating in the Authority’s program, and then submit an application with legal opinions confirming their use of standard documents and conformance with the guidelines. If the Authority does not object within 60 days, the municipality may proceed to establish the program.

Finally,

Any county that establishes a Local C-PACE Program shall do so only for the benefit of Participating Municipalities located within that county, but the Participating Municipalities shall remain responsible for the process of levying, billing, collecting, remitting, and enforcing the C-PACE Assessment. In a county or Authorized Municipality that has established a Local C-PACE Program, any C-PACE Projects in that Authorized Municipality or, in the case of a county, in any Participating Municipality located in that county, may be financed pursuant to the Garden State C-PACE or the Local C-PACE Program. In a Participating Municipality that has not established, or is located in a county that has not established, a Local C-PACE Program, any C-PACE Projects in that Participating Municipality may be financed pursuant to Garden State C-PACE only.

The guidelines then include a number of technical and legal documents, including a model ordinance, forms for appeals, and so on. These are provided separately on the Authority’s web page.

This concludes our review of the law and the guidelines establishing the Garden State C-PACE Program. We at NJPACE look forward to assisting property owners, lenders, municipal and county officials, and the NJEDA, in helping the program achieve its ultimate objectives. Building decarbonization is one of the biggest challenges in reducing society’s greenhouse gas emissions, and in our view C-PACE financing represents the best opportunity to take this effort to scale. If you have further questions regarding the Garden State C-PACE program, please contact us (and text 908-581-8418 to alert us to your inquiry).