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<br />Page 4 Session Law 2024-44 Senate Bill 802 <br />greenhouse gas emissions, or the addition of renewable sources of <br />energy or water or (ii) where resilience measures are proposed, <br />certification by a licensed engineer stating that the qualifying <br />improvements will result in improved resilience. <br />b. For construction of a new building, certification by a licensed <br />engineering firm or engineer stating that the proposed qualif ying <br />improvements will allow the proposed project to exceed the energy or <br />water efficiency requirements of the current State building code, or in <br />the case of a resiliency measure, achieve compliance with a national <br />model resiliency standard. <br />c. For existing or new buildings, certification by a licensed engineering <br />firm or engineer that all available electric public utility energy <br />efficiency and demand response programs available to property <br />owners and any tenants thereof have been evaluated prior to applying <br />for C-PACE financing. <br />(4) Accept and approve project applications for C-PACE financing meeting the <br />requirements of subdivision (3) of this subsection. <br />(5) Require any property owner applying for C-PACE financing to certify that the <br />applicant: <br />a. Is the holder of title in fee simple to the qualifying commercial <br />property and that title to the qualifying commercial property is not in <br />dispute. <br />b. Is current on all mortgage payments and property taxes. <br />c. Is not insolvent or in bankruptcy proceedings. <br />(6) Upon execution by the local government of (i) a C-PACE assessment and (ii) <br />a notice of assignment of C-PACE lien related to an approved project <br />application, record such documents in the office of the register of deeds in the <br />county in which the approved property is located. The statewide administrator <br />may delegate recording duties to the property owner and the capital provider. <br />(7) Submit a report to the program sponsor annually. <br />(b) The provisions of Chapter 150B of the General Statutes shall not apply to the C-PACE <br />toolkit or any actions of the program sponsor or statewide administrator in the administration of <br />the program. <br />"§ 160A-239.15. Local government participation. <br />(a) A local government seeking to participate in the C-PACE Program shall adopt a <br />resolution that includes all of the following: <br />(1) A grant of authorization for the C-PACE Program to operate within its <br />jurisdictional boundaries and for the statewide administrator to provide the <br />administrative services described in G.S. 160A-239.14. <br />(2) A statement that the local government intends to (i) authorize C-PACE <br />financing, (ii) authorize the imposition of C-PACE assessments on qualifying <br />commercial properties benefitting from qualifying improvements to secure <br />repayment of C-PACE financing, (iii) assign the C-PACE lien to the capital <br />provider providing C-PACE financing, and (iv) delegate billing, collection, <br />and enforcement duties for the C-PACE assessment and C-PACE lien to <br />capital providers. <br />(3) A statement that the amount of a C-PACE financing and related assessment <br />repayment terms shall be pursuant to the related financing agreement. <br />(4) A statement identifying the local government department or employee that <br />shall, upon receipt of an approved project application for C-PACE financing <br />within its jurisdictional boundaries from the statewide administrator, execute <br />8