Governor Wolf enabled the C-PACE program through SB-234 during the summer of 2018 to target commercial, industrial and agricultural properties in the commonwealth. SB-234 Amends Title 12 (Commerce and Trade) authorizing assessments for energy improvements in Counties. The legislation authorizes Counties or municipalities with economic development departments to pass a local resolution to initiate C-PACE.
In Pennsylvania the SB-234 specifically states:
- The program places a charge against the real property within a district which is levied and collected by the county or municipality that establishes the district.
- The financing can be public or private and include notes, mortgages, loans, deed of trust, refunding notes or other evidence of indebtedness.
- The program applies to a corporation, partnership, sole proprietorship, limited liability company or business trust.
- Qualifications for contractors and projects.
- Multifamily housing is explicitly excluded.
- Financial institutions holding liens, mortgages or security interest in the property must be given written notice and the institution is required to give written consent for the property owner to participate in the program.
- Posting requirements for each project participating in the program.
- The assessment is a first and prior lien against the real property.
- The lien is recorded with the title.
- The lien runs with the land and is not eliminated by foreclosure or property tax lien.
- Payment is enforced in the same manner as a property tax lien.