HomeMy WebLinkAboutDCD C Pacer Hearing NoticeConsent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Brent A. Butler, Chief Strategy Officer
DATE: September 18, 2023
RE: HEARING NOTICE for: Ordinance Adopting a New Chapter of the Jefferson
County Code, Chapter 15.20, “to Establish a Jefferson County Commercial
Property Assessed Clean Energy and Resilience (C-PACER) Program
STATEMENT OF ISSUE:
On April 11, 2022, the Department of Community Development (“DCD”) included the C-
PACER program on the Board of County Commissioners’ (“BoCC” or “Board”) agenda as a
new program for consideration. At that regular session, the Director was joined by the County
Assessor, the County Treasurer, Kitsap Bank’s Rich Martinez, and Bayside Housing’s Gary
Keister, and Hastings Estate’s Heather Dudley-Nollette. Key items discussed by the attendees
included:
C-PACER implements the comprehensive plan’s sustainability targets;
Five Washington counties had adopted the program
Hastings Estate and Bayside Housing were interested in C-PACER
DCD would have the greatest capacity impacts
Technical issues had been resolved
BoCC expressed concern about capacity impacts (no action was taken).
In response to the 2022 discussion, DCD amended its workplan, adding C-PACER as one of
three new projects to the twelve focused housing projects on the long-range planning list. The
March 23, 2023 workplan discussion before the BoCC identified new or omitted projects,
including: 1) the Fee Ordinance/Study, 2) C-PACER, and 3) Permanent Housing Facilities.
On April 17, 2023, DCD updated the Board on the progress made to date. At that BoCC
meeting, the DCD Director discussed options to reduce the capacity issues related to the C-
PACER program. In attendance were the County Assessor; the County Treasurer; and the C-
PACER Specialist John Kennedy who provided input. Options included administration by
another county through an interlocal agreement or a professional services agreement. On June 1,
2023 the Director was appointed as the Chief Strategy Officer (“CSO”), and C-PACER was
included as one of the CSO’s six projects. In this role, the CSO worked collaboratively with the
County Administrator to move forward with Request for Proposals to retain a Program
Administrator and with the Deputy Prosecuting Attorney to prepare an implementing ordinance
adopting the program. During this time, Port Ludlow Associates joined Bayside Housing and the
Consent Agenda
Hastings Estate as C-PACER interested property owners. Now, after consideration of the issues,
DCD attaches a Draft Ordinance to this Agenda Request as Appendix A for the Board’s
consideration.
At this time, the Board is requested to approve the attached HEARING NOTICE, as Appendix
B, amending the Jefferson County Code by establishing chapter 15.20 C-PACER, in Title 15
Buildings and Construction as a new Chapter of the Jefferson County Code, known as the
Commercial Property Assessed Clean Energy and Resiliency (C-PACER) Program. The
Board is also requested to set a Hearing on Monday, October 9, 2023 at 2:30pm in the Jefferson
County Commissioners Chambers, 1820 Jefferson Street, Port Townsend, WA.
The C-PACER program is managed by a program administrator and the regulations are set forth
in a Program Guidebook (Guidebook) that implements the procedures and requirements through
forms used by participating jurisdictions. A Draft Program Guidebook is attached as Appendix
C. A final Guidebook will be published after discussion with the City of Port Townsend. Forms
included in the Guidebook are set forth below:
1. Application Checklist,
2. Lien Holder Consent to C-PACER Assessment and Lien,
3. Certification of Qualified Improvements,
4. Certificate of Capital Provider Qualification,
5. Assessment Agreement for C-PACER Financing,
6. Notice of Assessment Interest and C-PACER Lien,
7. Assignment of Notice of Assessment Interest and C-PACER Lien and Assessment
Agreement
8. Certificate of C-PACER Improvements Completion.
ANALYSIS:
C-PACER financing is repaid by a voluntary assessment on the improved property, secured by a
lien in favor of Jefferson County, which is then immediately assigned to the C-PACER capital
provider. The lien is second only in priority to the lien for unpaid taxes. Once C-PACER financing
is advanced, the administration of the C-PACER financing (including enforcement) is done by the
private capital provider. After the adoption of a C-PACER program, Jefferson County’s role is
limited to the approval of an assessment and recordation of a C-PACER lien, as well as to the
administration of the C-PACER program which may be contracted out to a private third party.
As discussed in the April 2023 agenda request, the C-PACER program would be in conformance with
the Jefferson County Comprehensive Plan (“CP”). Specifically, this program encourages the adoption
of programs, policies and procedures that increase energy efficiency in publicly funded infrastructure
(see CP page 149), partnerships with other stakeholders such as the Public Utility District #1 (see CP
page 331), and resource consuming facilities (CP page 356), among other areas.
Program Administration
After Whatcom and Pierce County declined our invitation to administer the Jefferson County C-
PACER program through an interlocal agreement, DCD published a Request for Proposal (RFP) and
selected, Shea, Carr & Jewell, Inc. (dba SCJ Alliance) to administer the C-PACER program. SCJ
Consent Agenda
Alliance was already under contract with the Jefferson County Public Works Department for the
Quilcene Complete Streets Project and most recently completed the City of Port Townsend's Sidewalk
Tunnel Reconstruction and Downtown Streetscape project. They agreed to serve as the C-PACER
Program Administrator, as set forth in the professional services agreement's scope of work dated June
5, 2023. Consequently, DCD would immediately assign the role of program administrator to SCJ
Alliance, and work with them to start the program effective November 5, 2023, which would be the
earliest date the program shall start pursuant to the Department of Commerce's response to DCD's 60-
day notice of intent to amend the county's development regulations.
FISCAL IMPACT:
Holding a public hearing will require staff time and resources which is funded by the general fund.
Any subsequent permitting activity carried out under the C-PACER Ordinance would be funded by the
requisite permit fees.
RECOMMENDATION:
Hold a Public Hearing to decide whether to adopt chapter15.20 JCC.
REVIEWED B •
' /1 •
Mo s, Acting County Administrator Date
Consent Agenda
APPENDIX A
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Adopting a New )
Chapter 15.20 of the Jefferson County )
Code to Establish A Commercial )
Property Assessed Clean Energy and ) ORDINANCE NO. XX-XXXX-XX
Resiliency (“C-PACER”) Program )
within Jefferson County )
)
WHEREAS, ongoing detrimental impacts from climate change pose a threat to
Jefferson County’s natural environment, economic security, and public health and safety; and
1
WHEREAS, the Intergovernmental Panel on Climate Change (“IPCC”) was established
in 1988 as the United Nations body for assessing the science related to climate change, with the
objective of providing governments at all levels with scientific information they can use to develop
climate policies; and
WHEREAS, in 2018, the IPCC issued a special report assessing projected impacts at a
global average warming of 1.5°C and higher levels of warming, and indicated that “ambitious
mitigation actions are indispensable to limit warming to 1.5°C while achieving sustainable
2
development and poverty eradication.” The report included new warnings on the impacts of
climate change, and documented that global emissions need to be on a steep decline within the
next decade to avoid the worst impacts of climate change; and
WHEREAS, Washington State has set a legal commitment to reduce climate pollution
3
45% below 1990 levels by 2030, and by 95% by 2050, and has set requirements for reduction
of greenhouse gas emissions from buildings by passage of the Clean Buildings Act in 2019; and
WHEREAS, in 2009, the Jefferson County Board of County Commissioners (“BoCC”)
and Port Townsend City Council jointly adopted the first “Inventory of Energy Usage and
Associated Greenhouse Gas Emissions” by Jefferson County Resolution Number 06-09 and City
of Port Townsend Resolution Number 09-002, which measured 2005 greenhouse gas emissions
associated with the community, the city and the county; and
1
See https://www.ipcc.ch/about/
2
See Special Report: Global Warming of 1.5°C (IPCC 2018)
https://www.ipcc.ch/sr15/chapter/chapter-1/
3
Washington State Office of Financial Management, Proposed 2022 Supplemental Budget and
Policy Highlights at 1
(https://ofm.wa.gov/sites/default/files/public/budget/statebudget/highlights/budget22/08_Climate
2022.pdf )
Consent Agenda
WHEREAS, the City of Port Townsend and Jefferson County joint Climate Action
4
Committee in its February 27, 2019 meeting authorized a more expansive inventory of
community-wide emissions to include those emissions associated with the City of Port
Townsend, Jefferson County, Jefferson Transit, Jefferson Healthcare, Port of Port Townsend,
Jefferson Public Utility District, Port Townsend Paper Corporation and the Fort Worden Public
Development Authority; and
WHEREAS, the Climate Action Committee approved an updated 2018 inventory on
June 24, 2020, finding that the community-wide greenhouse gas contributions of residential,
commercial and industrial sectors declined from 2005 to 2018 by 88.1%, 85.7% and 51.1%
5
respectively and a net decrease in greenhouse gas emissions of 40% from 2005 levels; and
WHEREAS, the 2018 updated inventory documents that 32% of community-wide
carbon dioxide emissions originated from stationary sources such as buildings for residences,
6
agricultural activities and industry; and
WHEREAS, on June 11, 2020 SSHB 2405, the Washington Legislature’s adopted
Commercial Property Assessed Clean Energy and Resilience ("C-PACER") program went into
effect in Washington, which allows counties to implement their own county C-PACER programs
in accordance with chapter 36.165 RCW; and
WHEREAS, C-PACER helps communities achieve important energy and water
conservation goals through efficiency projects that upgrade old equipment to maximize energy
efficiency and replace fossil fuels with renewables and thereby reduce greenhouse gas emissions;
and
WHEREAS, C-PACER programs provide a structure for owners of existing or newly
designed agricultural, commercial, and multi-family residential properties to obtain low-cost,
long-term, financing for energy and resiliency projects in exchange for generating community
benefits that may reduce greenhouse gases, increase flood and earthquake resiliency; and
WHEREAS, by providing access to more affordable financing property owners that may
have been unable to afford energy efficiency or other resiliency upgrades to their properties such
as earthquake or flood improvements may now be able to do so; and
WHEREAS, Jefferson County has determined that creation and operation of a
commercial property assessed clean energy and resiliency program is in the public’s best interest
4
https://test.co.jefferson.wa.us/WeblinkExternal/DocView.aspx?id=2182448&dbid=0&repo=Jeffe
rson
5
See Jefferson County, WA 2018 Inventory of Greenhouse Gas Emissions at 8 (Climate Action
Comm., 6/24/2020)
https://www.co.jefferson.wa.us/DocumentCenter/View/10166/2018_JeffCo_GHG_Inventory_Rep
ort_approved_062420
6
Id. at 6.
Consent Agenda
to serve public health and safety interests within the community through energy and water
conservation and reduction in emergency response risks; and
WHEREAS, the BoCC will hold a public hearing on this ordinance and take public
testimony at its regularly scheduled meeting on October 9, 2023 at 1220 Jefferson Street, Port
Townsend, WA.
NOW THEREFORE, BE IT ORDAINED:
Section 1. The BoCC hereby adopts the above “Whereas” clauses as Findings of Fact.
Section 2. The BoCC adopts a new chapter 15.20 of the Jefferson County Code, as set out in the
Appendix 1.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or section of this
Ordinance or its application to any person or circumstance is held invalid, the remainder of this
Ordinance or its application to other persons or circumstances shall be fully valid and shall not be
affected.
Section 4. Effective Date. The Ordinance becomes effective on November 5, 2023.
Section 5. SEPA Categorical Exemption. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800 (19).
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Consent Agenda
APPROVED and ADOPTED this ________ day of _____________, 2023.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Greg Brotherton, Chair
________________________________________
SEAL: Kate Dean, Member
________________________________________
Heidi Eisenhour, Member
ATTEST:
_________________________________
Carolyn Gallaway Date
Clerk of the Board
Approved as to form only:
_________________________________
Barbara Dykes Ehrlichman Date
Civil Deputy Prosecuting Attorney
Consent Agenda
APPENDIX 1
A new chapter 15.20 of the Jefferson County Code is enacted to read:
COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY
AND RESILIENCY (“C-PACER”) PROGRAM
15.20.010 Program established.
15.20.020 Definitions.
15.20.030 Application process.
15.20.040 Assessment agreement.
15.20.050 Assignment.
15.20.060 Financing arrangements.
15.20.070 Capital provider requirements.
15.20.080 Certification of professionals.
15.20.090 No liability.
15.20.100 Program guidebook; form documents; open application date; reporting
requirements.
15.20.010 Program established.
(1) There is hereby established a Commercial Property Assessed Clean Energy and Resiliency
(“C-PACER”) Program (“the program”), which is available to owners of eligible property under
the program located in Jefferson County, both in incorporated and unincorporated areas, including
the City of Port Townsend.
(2) The program is enacted as authorized by Chapter 36.165 of the Revised Code of
Washington (“the C-PACER Act”). It is a voluntary program to allow owners of agricultural,
commercial, and industrial properties and of multifamily residential properties to obtain low-cost,
long-term financing for qualifying improvements, including energy efficiency, water conservation,
renewable energy, and resiliency projects. The program shall be consistent with the C-PACER
Act. The program may include additional requirements to ensure efficiency and to provide
meaningful benefits to Jefferson County and its citizens from clean energy and resiliency projects.
(3) No services may be offered or advertised through the program, including marketing and
participant education services, except separately itemized services offered upon impartial terms by
qualified third-party providers.
(4) The program shall be administered by the Department of Community Development
(“department”), which is the authority to administer the program consistent with its purposes. The
department may contract for the program to be wholly or partially administered by any public or
private entity or organization, provided that the department shall retain final authority over the
content of the program guidebook and program forms.
(5) The department shall charge fees as set out in the department’s fee schedule. The
department may also charge an administration fee to offset costs of establishing and administering
the program as specified in the fee schedule.
15.20.20 Definitions.
Consent Agenda
(1) “Assessment” means the voluntary agreement of a property owner to allow a county to
place an annual assessment on their property to repay C-PACER financing.
(2) “Assessment agreement” means the form agreement approved by the department and
described in JCC 15.20.040.
(3) “Assignment” means the form assignment agreement approved by the department and
described in JCC 15.20.050.
(4) “Capital provider” means any private entity, their designee, successor, and assigns that
makes or funds C-PACER financing under a C-PACER Financing Arrangement to owners of
eligible property and meets all requirements of JCC 15.20.070 and the program guidebook.
(5) “C-PACER assessment” mans an annual assessment to an eligible property imposed by
Jefferson County under an assessment agreement.
(6) “C-PACER financing” means an investment from a capital provider to a property owner to
finance or refinance a qualified project as described under this chapter.
(7) “C-PACER financing arrangement” means the complete financing agreement between a
capital provider and the owner of eligible property for the purpose of financing qualified
improvements and eligible costs.
(8) “C-PACER lien” means the lien recorded against an eligible property by Jefferson County
to secure payment of a C-PACER assessment and related amounts under the C-PACER financing
arrangement.
(9) “Department” means the lien recorded against an eligible property by Jefferson County to
secure payment of a C-PACER assessment and related amounts under the C-PACER financing
arrangement.
(10) “Department” means the Jefferson County Department of Community Development.
(11) “Eligible costs” means the cost of materials and labor necessary for or incident to the
installation or modification of a qualified improvement. Eligible costs may include the pro-rata or
specific costs (as appropriate) of permit and inspection fees, project development and engineering
fees, program application and administration fees, third-party review and verification fees, lender's
fees, capitalized interest, interest reserves, and escrow for prepaid property taxes and insurance.
Total eligible costs for new construction may not exceed 30 percent of total costs of the qualified
project. Eligible costs do not include costs related to land acquisition or environmental or
geological testing or remediation.
(12) "Eligible property" means privately-owned commercial, industrial, or agricultural real
property, or multifamily residential real property with five or more dwelling units, located in
Jefferson County. Eligible property may be owned by any type of business, corporation,
individual, or nonprofit organization permitted by state law.
(13) “Financing agreement” means the contract under which a property owner agrees to repay
a capital provider for the C-PACER financing, including, but not limited to, details of any finance
charges, fees, debt servicing, accrual of interest and penalties, and any terms relating to treatment
of prepayment and partial payment of the C-PACER financing.
(14) "Greenhouse gas" has the same meaning as provided in RCW 70A.45.010.
(15) "Fossil fuel" has the same meaning as provided in RCW 19.405.020.
Consent Agenda
(16) "Owner" means the fee simple owner(s) of an eligible property and includes any group of
persons or entities who together own eligible property in fee simple.
(17) "Program" means the Jefferson County C-PACER program established under this chapter.
(18) "Program administrator" means the department or an organization contracting with the
department for the administration of the program.
(19) "Program guidebook" means a comprehensive document which details the program
requirements, and any appropriate guidelines, specifications, underwriting, and approval criteria,
as well as any standard application forms, determined by the department to be necessary or
appropriate for the administration of the program and consistent with this chapter.
(20) "Qualified improvement" means a permanent improvement affixed to real property, and
intended to:
(a) decrease energy consumption or demand through use of efficiency technologies,
products, or activities that reduce or support the reduction of energy consumption,
allow for the reduction in demand, or support the production of clean, renewable
energy, including but not limited to a product, device, or interacting group of
products or devices on the customer’s side of the meter that generates electricity,
provides thermal energy, or regulates temperature;
(b) decrease water consumption or demand and address safe drinking water through
the use of efficiency technologies, products, or activities that reduce or support the
reduction of water consumption, allow for the reduction in demand, or reduce or
eliminate lead from water which may be used for drinking or cooking; or
(c) increase resilience, including but not limited to seismic retrofits, flood mitigation,
stormwater management, wildfire and wind resistance, energy storage, and
microgrids.
"Qualified improvement" does not include the installation, maintenance, or repair of
equipment that burns fossil fuel or an improvement that merely replaces an existing
improvement without providing any additional public benefit.
(21) "Qualified project" means a project approved by the program administrator involving the
purchase and installation or modification of a qualified improvement, including new construction
or the adaptive reuse of eligible property with a qualified improvement, that provides a significant
public benefit related to the intended purpose of qualified improvement.
(22) "Significant public benefit for existing structures" means that the qualified improvement,
or the resulting performance of the system or structure as a whole if the qualified improvement
cannot be independently evaluated:
(a) Will result in more efficient use or conservation of energy or water, the reduction
of greenhouse gas emissions, or the addition of renewable sources of energy or
water;
(b) Meets or exceeds energy performance standards in Chapter 194-50 WAC if the
structure is a building covered by that chapter;
(c) Is reasonably expected to reduce the annual amount of energy purchased from a
utility, or the amount of greenhouse gas emitted, by at least 20 percent, including
through on-site production and use of clean, renewable energy;
Consent Agenda
(d) Is the replacement of existing fossil-fuel burning space or water-heating
equipment with electric options, which may include the replacement of related
system elements;
(e) Meets or exceeds the requirements for water efficiency under Jefferson County
building codes or, if more stringent, Washington State building codes;
(f) Meets or exceeds safe drinking water standards for lead contamination, as set by
the Washington State Department of Health; or
(g) Meets or exceeds seismic, flood, or other building resiliency requirements under
Jefferson County building codes or, if more stringent, Washington State building
codes.
(23) "Significant public benefit for new construction” means that the qualified improvement, or
the resulting performance of the system or the new structure as a whole if the qualified
improvement cannot be independently evaluated:
(a) Exceeds the requirements of the Washington State Energy Code;
(b) Is reasonably expected to reduce the annual amount of energy that would
otherwise be expected to be used or purchased from a utility, or the amount of
greenhouse gas emitted, by at least 30 percent, including on-site production and
use of clean, renewable energy;
(c) Exceeds the requirements for water efficiency under the Washington State
building codes;
(d) Exceeds safe drinking water standards set by the Washington State Department
of Health for lead contamination; or
(e) Exceeds seismic, flood, or other building resiliency requirements under
Washington State building codes.
15.20.030 Application process.
(1) The owner(s) of eligible property, or its agent, and a capital provider may jointly submit a
project application to the program administrator for review. The holder of a ground lease may
apply if appointed by the owner as an agent for purposes of participating in the program and the
owner agrees with encumbrance of the eligible property with a C-PACER lien. The appointment
must include an acknowledgment that the C-PACER lien takes precedence over all other liens or
encumbrances, except a lien for taxes imposed by the state, a local government, or a junior
taxing district, as provided in RCW 36.165.060.
(2) The project application must include certification by a licensed and qualified professional
engineer, or other professional identified in JCC 15.20.080, that the qualified improvements,
either individually or in combination with other qualified improvements included in the qualified
project, are expected to provide a significant public benefit, and that the term of the proposed C-
PACER Financing does not exceed the weighted average effective useful life of the proposed
qualified improvements. Significant public benefit may be determined by any reasonable means,
including by comparisons of actual or estimated utility costs or greenhouse gas emissions.
(3) The project application must include:
Consent Agenda
(a) A declaration signed under penalty of perjury by the owner(s) stating that:
(i) The qualified improvements shall be permanently affixed; and
(ii) Upon completion of the qualified project, the owner will provide the
program administrator with written notice that the project is properly
completed and is operating as intended;
(b) The capital provider's written assurance that it will be responsible for the billing
and collection of the annual C-PACER assessment, and for the enforcement and
foreclosure of the C-PACER lien, including judgment sale requirements; and
(c) Any additional items appropriate for administrative purposes specified in the
program guidebook.
(4) As soon as practicable after receipt, the program administrator must inform the applicants
whether the project application has been approved or denied.
(a) If a project application is complete, the program administrator will approve the
application.
(b) If the project application is denied, the program administrator will identify the
reasons for denial. The applicant must have an opportunity to correct or
supplement the project application for resubmission.
(c) If a project application is finally denied, the owner and capital provider may
appeal the denial in an adjudicative proceeding subject to chapter 2.30 JCC,
filed with the Jefferson County hearing examiner as an appeal of a non-land use
matter under JCC 2.30.080 (2) (b) (vii).
(5) The project application must include the written consent for the eligible property to
participate in the program from the holders of all liens, mortgages, or other security
interests in the eligible property. If the eligible property is a multifamily residential
property with five or more dwelling units, the project application must also include
written consent for the eligible property to participate in the program from all holders of
any affordable housing covenants, restrictions, or regulatory agreements burdening the
eligible property. The consent must include the subordination of the holder's interest and
acknowledgment that the C-PACER lien takes precedence over all other liens or
encumbrances, except a lien for taxes imposed by the state, a local government, or a
junior taxing district, as provided in RCW 36.165.060.
(6) If a project application is approved, the owner and capital provider must submit the
following additional materials to the program administrator:
(a) A copy of the C-PACER financing arrangement meeting the requirements of
JCC 15.20.060;
(b) An assessment agreement meeting the requirements of this chapter, signed by
the owner(s) and capital provider, and in a format meeting all recording
requirements;
(c) A notice of the assessment and the C-PACER Lien, which meets all recording
requirements of RCW 36.165.050, that that includes language acknowledging
that liens for taxes imposed by the state, a local government, or a junior taxing
Consent Agenda
district are superior to and take precedence over the C-PACER Lien, as
provided in RCW 36.165.060;
(d) An assignment meeting the requirements of JCC 15.20.050 and this chapter,
signed by the owner(s) and capital provider, and in a format meeting all
recording requirements;
(e) A current title report suitable for title insurance purposes; and
(f) A request by the capital provider that Jefferson County either record the
assessment agreement, the C-PACER lien, and assignment; or provide some or
all of the original executed documents to an escrow agent for recording.
(7) Within a reasonable amount of time after submission of all additional materials, or at a
later date requested by the applicants, Jefferson County shall sign the assessment agreement and
the assignment, and shall either record the assessment agreement, C-PACER lien, and
assignment, or provide original executed documents to an escrow agent for recording, as
requested by the capital provider.
15.20.040 Assessment agreement.
The assessment agreement must include the owner's:
(1) Request for an annual assessment on the eligible property and consent for Jefferson
County to record a C-PACER lien to secure payment of the assessment;
(2) Authorization for Jefferson County to delegate all duties and assign all rights under the
assessment agreement to the capital provider; and
(3) Acknowledgment that approval of the C-PACER application, participation in the C-
PACER assessment, and recording of the C-PACER lien do not constitute an endorsement by
Jefferson County of the qualified improvements, qualified project, or the C-PACER financing
arrangement.
15.20.50 Assignment.
The assignment shall assign and delegate Jefferson County's rights and duties under the
assessment agreement and the C-PACER lien to the capital provider. The language of the
assignment shall include all of the requirements of this section, stated substantially as follows:
(1) Jefferson County delegates, and the capital provider assumes all obligations,
responsibilities, and duties of Jefferson County or its officers, to the extent permitted by law, for
billing, collection, and enforcement of annual assessment payments and the enforcement and
foreclosure of the C-PACER lien;
(2) Jefferson County has no obligation to defend the C-PACER assessment agreement or C-
PACER lien against any claim by the holder of any other security interest in the eligible
property;
(3) As provided in the chapter 36.165 RCW, billing and collection of C-PACER assessments
and delinquent payments, and enforcement of the C-PACER lien are the responsibility of the
capital provider. The capital provider assumes all contractual and statutory obligations as set out
Consent Agenda
in the chapter 36.165 RCW and this chapter. Jefferson County has no obligation to prosecute the
foreclosure of a C-PACER lien on behalf of the capital provider; and
(4) The capital provider agrees to indemnify and hold Jefferson County harmless for any
cost, expense, loss, or damages arising out of the imposition, assignment, recording,
enforcement, and foreclosure of the C-PACER lien.
15.20.060 Financing arrangements.
The financial underwriting, evaluation, and terms of C-PACER financing arrangement are the
responsibility of the capital provider. Notwithstanding the foregoing, a C-PACER financing
arrangement may not include a security interest of any kind in the eligible property, a qualified
improvement, or the qualified project, other than the C-PACER lien, unless subordinate to the C-
PACER lien.
15.20.70 Capital provider requirements.
A capital provider will be approved to participate in the program if it is any one of the
following:
(1) Any entity that is currently registered as a C-PACE or C-PACER capital provider in at
least two states or at least two other counties in Washington;
(2) A federal or state-chartered bank or credit union;
(3) Any entity approved to participate in a C-PACER program by the Washington State
Department of Commerce; or
(4) An entity otherwise approved by the department or program administrator as provided in
the program guidebook.
15.20.080 Certification of professionals.
The individual or firm providing any certification required in conjunction with a C-PACER
application must be an energy, sustainability, or green building, water, or resiliency professional
certified by one of the following organizations:
(1) American Society of Heating, Refrigeration, and Air-Conditioning Engineers
(ASHRAE);
(2) Association of Energy Engineers;
(3) Building Performance Institute;
(4) Association of State Floodplain Managers, or
(5) North American Board of Certified Energy Practitioners; or
(6) Additional organizations or professional qualifications may be approved by the
department or program administrator as provided in the program guidebook.
15.20.90 Liability.
Consent Agenda
(1) Jefferson County shall have no liability for and may not enforce any privately-financed
debt under this chapter, nor use public funds to fund or repay any loan under the program.
(2) Nothing in this chapter may be interpreted to pledge, offer, or encumber the full faith and
credit of Jefferson County. No local government located within, or partially within, Jefferson
County may pledge, offer, or encumber its full faith and credit for any amount through the
program.
(3) No employee or elected official of Jefferson County, including members of the Jefferson
County Board of County Commissioners, the treasurer, the assessor, or department director shall
have any personal liability as a result of exercising any rights or responsibilities under this
chapter.
15.20.100 Program guidebook; form documents; open application date; reporting requirements.
(1) The program administrator shall establish form documents for use with the program,
subject to approval by the department.
(2) The program administrator shall work with capital providers and other stakeholders to
develop and publish a program guidebook meeting the requirements of RCW 36.165.020(3). The
department may amend the program guidebook as necessary for the efficient administration of
this chapter through the same stakeholder process. In accordance with RCW 36.165.020, the
program guidebook need not be completed prior to accepting and approving program
applications, so long as the program complies with the provisions of this chapter and chapter
36.165 RCW.
(3) The form documents, program guidebook, and program outline submitted to the Board of
County Commissioners with the ordinance shall become effective on the same date that this
chapter becomes effective.
(4) The program administrator shall begin accepting project applications upon the effective
date of this chapter.
Consent Agenda
APPENDIX B
Please publish 2 times: September 20, September 27, and October 4, 2023
Contact Person:
Bill to: Jefferson County Department of Community Development
Attn: Chelsea Pronovost, Admin. Services Manager
P.O. Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
An Ordinance Adopting a New Chapter 15.20 of the Jefferson County Code to Establish A
Commercial Property Assessed Clean Energy and Resiliency (“C-PACER”)
Program within Jefferson County
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County
Board of Commissioners for MONDAY, October 9, 2023 at 2:30 p.m. in the Commissioners’
Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID).
Notice of said hearing is to be published in the official newspaper of Jefferson County.
This hearing is to consider enactment of chapter 15.20 of the Jefferson County Code, as authorized
by Chapter 36.165 of the Revised Code of Washington (“the C-PACER Act”), of a voluntary
program to allow owners of agricultural, commercial, and industrial properties and of multifamily
residential properties to obtain low-cost, long-term financing for qualifying improvements,
including energy efficiency, water conservation, renewable energy, and resiliency projects. The
ordinance is exempt from State Environmental Policy Act, and is consistent with the C-PACER
Act.
The information is available for viewing on the County website by clicking on:
https://www.co.jefferson.wa.us/1655/C-PACER.
You are welcome to participate in this hearing. You will need to join the meeting by 2:30 p.m.
using the following methods: VIRTUALLY: Via the following Zoom, link:
https://zoom.us/j/93777841705, PHONE: Dial: 1-253-215-8782 and use Webinar ID: 937-7784-
1705# and press *9 to “raise your hand” to be called upon. Access for the hearing impaired can be
accommodated using Washington Relay Service at 1-800-833-6384, or IN-PERSON: Jefferson
County Courthouse – Commissioners’ Chambers 1820 Jefferson Street, Port Townsend, WA
To view documents or watch this meeting live with no participation, go to
www.co.jefferson.wa.us Follow the links under “Quick Links: Videos of Meetings: Today.” If
you experience difficulties joining the meeting or viewing documents please call 360-385-9100 to
report any issues.
Consent Agenda
In addition, written testimony is also invited beginning on September 20, 2023 to the end of the
Public Hearing, unless extended by the Board of County Commissioners. Written public testimony
may be submitted by Email to: jeffbocc@co.jefferson.wa.us You may view testimony received by
clicking here: www.co.jefferson.wa.us – Services – Laserfiche Web Portal – Board of County
Commissioners – BOCC Agenda Packets – 2023 Weekly Agenda Items – 09 October 2023 –
100923
You can also Mail your testimony to: Jefferson County Commissioners’ Office; P.O. Box 1220, Port
Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners
by the end of the hearing testimony period.
th
Signed this 18 day of September 2023
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
/S/Greg Brotherton, Chair
Consent Agenda
APPENDIX C
Commercial Property Assessed Clean Energy +
Resilience (C-PACER) Program Guidebook
Jefferson County, Washington
November 2023
1
This page intentionally
left blank
2
Table of Contents
Introduction............................................................................................................................................ 4
JEFFERSON COUNTY CLIMATE ACTION PLAN ....................................................................................... 4
ABOUT C - PACER ................................................................................................................................ 4
LEGAL AUTHORITY ............................................................................................................................... 5
Jefferson County C-PACER Program Guidelines ...................................................................................... 6
1. C-PACER PROGRAM BOUNDARIES................................................................................................ 6
2. ADMINISTRATION OF PROGRAM; AUTHORIZED OFFICIALS ........................................................... 6
3. ELIGIBILITY REQUIREMENTS ......................................................................................................... 7
4. APPLICATION PROCESS .............................................................................................................. 10
5. APPLICATION DOCUMENTS ........................................................................................................ 11
6. CLOSING DOCUMENTS ............................................................................................................... 13
7. INTEREST RATES......................................................................................................................... 13
8. BILLING AND COLLECTION OF ASSESSMENTS ............................................................................. 13
9. ENFORCEMENT OF C-PACER LIEN ............................................................................................... 13
10. PROGRAM FEE ........................................................................................................................... 14
11. TERM OF AN ASSESSMENT; CALCULATION OF USEFUL LIFE OF QUALIFIED IMPROVEMENTS ...... 14
12. FORM OF CLOSING DOCUMENTS ............................................................................................... 14
13. WRITTEN CONSENT FROM LIENHOLDER(S) REQUIRED ............................................................... 14
14. PROVISIONS FOR MARKETING AND PARTICIPANT EDUCATION ................................................... 15
15. COUNTY HAS NO LIABILITY OR FINANCIAL RESPONSIBILITY ........................................................ 15
16. LIMITATIONS OF JEFFERSON COUNTY’S AUTHORITY .................................................................. 15
Program Attachments .......................................................................................................................... 16
ATTACHMENT 1: Project Application Checklist ................................................................................... 17
ATTACHMENT 2: Lien Holder Consent to C-PACER Assessment and Lien ............................................ 22
ATTACHMENT 3: Certification of Qualified Improvements ................................................................. 24
ATTACHMENT 4: Certificate of Capital Provider Qualification ............................................................ 27
ATTACHMENT 5: Assessment Agreement for C-PACER Financing ....................................................... 30
ATTACHMENT 6: Notice of Assessment Interest and C-PACER Lien .................................................... 46
ATTACHMENT 7: Assignment of Notice of Assessment Interest and C-PACER Lien and Assessment
Agreement ........................................................................................................................................ 52
ATTACHMENT 8: Certificate of C-PACER Improvements Completion .................................................. 62
3
Introduction
JEFFERSON COUNTY / CITY OF PORT TOWNSEND
CLIMATE ACTION PLAN (2011)
The Jefferson County and City of Port Townsend Climate Action
Committee (CAC) was formed to guide actions enabling our
county to lower greenhouse gas emissions by 80% relative to
1990 levels by the year 2050. The CAC unanimously endorsed
Jefferson County’s participation in the C-PACER program at its
December 2022 regular meeting. For Jefferson County, the
community wide greenhouse gas inventory for 2018 shows a net
decrease in greenhouse gas emissions of 40% from 2005 levels
According to the 2005 Climate Action Plan’s greenhouse gas
1
inventory as updated in 2018. Although the population increased
12% from 2005 to 2018, there was a 12.6% increase in emissions
from transportation, and a decrease in all other emissions. Based
on the report, a significant factor for the overall reduction in
emissions originates in the voters’ decision to switch the county’s
primary electrical provider from Puget Sound Energy to Jefferson
Public Utility District (PUD), and the subsequent decision by the Jefferson PUD to acquire its electricity from
Bonneville Power Association whose primary electrical generation is hydropower.
To reach this ambitious target, pollution generated by buildings must be aggressively curtailed. New
investments are needed in the built environment, and C-PACER financing will serve as an important tool that
will allow property owners to amortize the cost of upgrades across the weighted average useful life of the
proposed upgrades, instead of paying all up front.
ABOUT C – PACER
What is C-PACER?
Short for Commercial Property Assessed Clean Energy and Resiliency or Resilience, the C-PACER Program
allows owners of eligible commercial, industrial, agricultural properties and multifamily residential property
to obtain long-term financing from private capital providers for certain qualifying energy efficiency,
renewable energy, water conservation, and resiliency investments. Improvements made to reduce lead in
drinking water also qualify.
Similar to a traditional loan, a capital provider provides the building owner with financing to build a new
property or renovate an existing property. The property owner repays the loan to the capital provider over
time. What is different is that C-PACER financing allows Jefferson County to record a senior lien on the
improved property. Tax liens and other government assessments remain superior to the C-PACER lien. The
lien stays with the property, and the repayment obligation transfers automatically to the next owner if the
property is sold. This mechanism provides more security to the capital provider, allowing for longer loan
1
2008
4
terms and potentially lower interest rates, resulting in lower debt service.
Like other assessments, C-PACER financing is non-accelerating, which means only current or past due
payments can be collected, while future payments are the responsibility of whoever owns the property at the
time. In the event of default, only the payments in arrears are due. This arrangement spreads the cost of
qualifying improvements – such as energy-efficient HVAC equipment, upgraded insulation, new windows,
solar installations, or seismic upgrades – over the useful life of the measures. This approach to financing has
been used by programs like C-PACER on thousands of properties in more than 24 states and the District of
Columbia.
LEGAL AUTHORITY
Jefferson County (the “County”) administers a C-PACER program (the “C-PACER Program” or the “Program”)
in accordance with Revised Code of Washington (“RCW”) chapter 36.165 (the "C-PACER Act"). The C-PACER
Act was established after the passage of E2SHB 2405 by the Washington State Legislature in 2020.
The County’s Program exists as a function of the C-PACER Act and shall be administered in accordance with
the guidelines established by the County. No change in the Program or in Washington’s C-PACER legislation
will affect a property owner’s obligations to pay C-PACER assessments incurred under the Program prior to
such changes.
The responsibility of the County is limited to a) adoption of an ordinance and guidelines that govern how its
C-PACER program works, b) review of the lien application for compliance with the C-PACER state law, and
then recording a unique agreement that includes the acknowledgment of a special property assessment by
the County and c) the administration of the Program, either by the County or a third-party contractor. The
repayment of the C-PACER financing is between a private lender, referred to as capital provider in the C-
PACER Act, and a property owner, with no obligation on the part of the County
The C-PACER program is NOT a free government program. The property
owner must pay back all financed costs. Failure to do so may result in the
foreclosure of the property.
C-PACER transactions involve complex legal and financial transactions
between and capital provider and a commercial property owner. Jefferson
County does not the review or approve the financial merits of a proposed
transaction, nor does it supervise or review the quality of any work
performed by contractors.
Property owners are advised to consult with legal and financial advisors
prior to engaging in a CPACER transaction.
5
Jefferson County C-PACER Program
Guidelines
The C-PACER Program enables financing for commercial property owners (“Property Owners”) to make
certain energy efficiency, renewable energy, water conservation, and resiliency improvements (each, a
“Qualified Improvement”) as described in the C-PACER Act and further clarified in this Guidebook. The
purpose of this Program Guidebook is to provide clarity on the guidelines of the Jefferson County C-PACER
program.
This Program Guidebook (the “Guidebook") is prepared as required by the C-PACER Act, at the direction of
the County, and is approved in connection with, and as an attachment to, the enabling ordinance for this
program (the “C-PACER Ordinance”) effective on November 5, 2023.
Qualified Improvements, including all eligible costs that are to be financed as described in a project
application (the “Project Application”) approved by the Program Administrator, constitute a “Qualified
Project.” Property Owners may receive funding for their Qualified Improvements only from qualified private
investors (“Capital Providers”) pursuant to a separate Financing Agreement negotiated between the Property
Owner and Capital Provider (a “Financing Agreement”).
In the following numbered subsections, a reader can find information about:
1. Statutory and programmatic eligibility requirements for C-PACER project financing in Washington
State, and
2. The appropriate steps and forms for application to Jefferson County for a C-PACER project lien.
1. C-PACER PROGRAM BOUNDARIES
In accordance with the C-PACER Act and as set forth in the C-PACER Ordinance, privately owned commercial,
industrial, or agricultural real property or multifamily residential real property with five or more dwelling
units located within the boundaries of Jefferson County, including both incorporated and unincorporated
territory (the “Region”) are eligible for the Program. Eligible property may be owned by any type of business,
corporation, individual, or nonprofit organization permitted by state law.
2. ADMINISTRATION OF PROGRAM; AUTHORIZED OFFICIALS
The Department of Community Development is responsible for the Program’s administration; but in
accordance with the C-PACER Act, the Department may retain the services of a third-party contractor to
perform this function (“Program Administrator”). The Program Administrator shall review each Project
Application to confirm that it is complete and contains no errors on its face, comports with these Guidelines
and the project is qualified. The Program Administrator is then authorized to approve the Assessment
Agreement and C-PACER Lien documents on behalf of the County and have the County execute the
documents and cause those to be recorded with the County’s Recorder’s Office.
6
As part of the Program, the Program Administrator will:
3. Accept Project Applications from Property Owners and Capital Providers for prospective C-PACER
projects.
4. Review the Project Application to determine conformance with the Application Checklist (See
Attachment 1).
● Approve/conditionally approve/disapprove the Project Application and communicate to applicant.
● Cause the Execution of the Assessment Agreement, Notice of Assessment Interest and C-PACER Lien
(“Notice of Assessment Interest”) and Assignment of Notice of Assessment Interest and Assessment
Agreement (“Assignment”).
● Cause the recordation of the Notice of Assessment Interest and Assignment.
3. ELIGIBILITY REQUIREMENTS
Eligible Property means any privately-owned commercial (including multi-use), agricultural, industrial, or
multi-family real property of five (5) or more dwelling units located within the boundaries of the Region.
Eligible properties include those owned by a not-for-profit organization.
THERE IS NO MINIMUM BUILDING SIZE REQUIREMENT TO BE ELIGIBLE FOR C-PACER FINANCING
Ground leases on Eligible Property are permitted, so long as all requirements of the C-PACER Ordinance are
met, including requiring the Property Owner and Capital Provider to enter into an Assessment Agreement.
On ground-leased property, therefore, the assessment and C-PACER Lien encumber the fee interest in the
property, not the ground leasehold.
Property Owner means an owner of qualifying eligible property, which is the record owner of title to the
Eligible Property. The Property Owner may be any type of business, corporation, individual, or non-profit
organization.
Qualified Improvement means a permanent improvement affixed to the real property “Qualified
improvement includes at least one of the following:
1. An energy efficient improvement, which means it decreases electricity consumption or demand or
reduces greenhouse gas emissions through the use of efficiency technologies, products or activities
that reduce or support the reduction of electricity consumption, or that it allows for the reduction in
electricity demand. Energy efficiency improvements shall not include the installation, maintenance, or
repair of equipment that burns fossil fuels;
2. An electrification improvement, which means it eliminates the combustion of fossil fuels by the use of
electricity for space or water heating
3. Electrical vehicle charging infrastructure, which means it supports the electrification of the
transportation sector and the reduction of greenhouse gas emissions;
4. A renewable energy improvement, which means it supports the production of a clean, renewable
resource as defined in the Clean Energy Transformation Act at RCW 19.405.020(34), including but not
limited to a product, device, or interacting group of products or devices on the customer's side of the
meter that generates electricity, provides thermal energy, or regulates temperature (“Renewable
Energy Improvement”);
5. A water conservation improvement, which means it decreases water consumption or demand through
the use of efficiency technologies, products, or activities that reduce or support the reduction of water
consumption, allow for the reduction in demand, or reduces or eliminates lead from water that might
7
be used for drinking or cooling through the use of technologies, products, or activities that address
safe drinking water (“Water Conservation Improvement”); and
6. A resilience improvement, which mean it increases building or community resilience, including but not
limited to seismic retrofits, flood mitigation, stormwater management, fire detection and suppression,
wildfire and wind resistance, energy storage, and microgrids that reduce public risk and emergency
response. (“Resiliency Improvement”).
Qualified Projects include the following:
1. Includes new buildings or existing buildings that involve the installation or modification of Qualified
Improvements. As determined between the Capital Provider and the Property Owner, the C-PACER
financing may include fees or costs incurred by the Property Owner incident to the installation or
modification of a qualified improvement, including those more fully set out in Qualifying Costs and
Fees below.
2. Renewable Energy Improvements that are subject to a power purchase agreement or lease between
the Property Owner/applicant and the owner of the renewable energy system, if the power purchase
agreement or lease contains all of the following provisions:
a) The Renewable Energy Improvement relates to a Renewable Resource, defined in RCW
19.405.020(34) as follows: (a) water; (b) wind; (c) solar energy; (d) geothermal energy; (e)
renewable natural gas; (f) renewable hydrogen; (g) wave, ocean, or tidal power; (h) biodiesel
fuel that is not derived from crops raised on land cleared from old growth or first-growth
forests; or (i) biomass energy.
b) The term of the power purchase agreement or lease is at least as long as the term of the
related Assessment Agreement.
c) The owner of the Renewable Energy Improvement agrees to install, maintain, and monitor
the system for the entire term of the Assessment Agreement.
d) Neither the owner of the Renewable Energy Improvement, nor the Property Owner, nor any
successors in interest are permitted to remove the system prior to completion of the full
repayment of the C-PACER Lien.
e) After installation, the power purchase agreement or lease is paid, either partially or in full,
using the funds from the C-PACER financing.
f) The power purchase agreement or lease specifies the holder of the C-PACER Lien is a third-
party beneficiary of the power purchase agreement or lease until the C-PACER Lien has been
fully repaid.
3. Qualified Projects include the refinancing of existing Qualified Improvements if such installation or
modification of the Qualified Improvements was completed no more than three (3) years prior to the
date of Project Application, as established by a municipality’s final inspection report, certificate of
occupancy or other government-issued document establishing the authorization to use the Qualified
Improvement.
8
Qualifying criteria for Significant Public Benefit for Existing Buildings (must meet one of the following):
1. Results in more efficient use or conservation of energy or water, the reduction of greenhouse gas
emissions, or the addition of renewable sources of energy or water;
2. Meets or exceeds energy performance standards in Chapter 194-50 WAC if the structure is a building
covered by that chapter.
3. Is reasonably expected to reduce by 20 percent the annual amount of energy purchased from a utility
or the amount of greenhouse gas emitted, including through on-site production and use of clean,
renewable energy.
4. Replaces existing fossil-fuel burning space or water-heating equipment with efficient electric options,
which may include the replacement of related system elements.
5. Meets or exceeds the requirements for water efficiency under Washington State building codes.
6. Meets or exceeds safe drinking water standards set by the Washington State Department of Health for
lead contamination.
7. Meets or exceeds seismic, flood, or other building resiliency requirements under Washington State
building codes.
Qualifying criteria for Significant Public Benefit for New Construction (must meet one of the following):
1. Exceeds the requirements of the Washington State Energy Code.
2. Is reasonably expected to reduce by 30 percent the annual amount of energy that would otherwise
be used or purchased from a utility, or the amount of greenhouse gas emitted, including on-site
production and use of clean, renewable energy.
3. Exceeds the requirements for water efficiency under Washington State building codes.
4. Exceeds safe drinking water standards set by the Washington State Department of Health for lead
contamination.
5. Exceeds seismic, flood, or other building resiliency requirements under Washington State building
codes.
Qualifying Capital Provider may be any of the following:
1. A corporation, partnership, or other legal entity that provides proof that it is currently registered as a
C-PACER Capital Provider in two different states with C-PACE programs;
2. A federal or state-chartered bank, Community Development Financial Institution, or credit union; or
3. A private entity, whose principal place of business is located in Washington state, provided it is
licensed or permitted to do business within the state and can produce its most recent audited
financial statement or regulatory business filing.
Qualifying costs and fees that can be C-PACER financed include:
1. Materials and labor necessary for installation or modification of a Qualified Improvement;
2. Permit fees;
3. Inspection fees;
4. Financing or origination fees;
5. Program application and administrative fees;
9
6. Project development, architectural and engineering fees;
7. Third-party review fees, including verification review fees;
8. Capitalized interest;
9. Interest reserves;
10. Escrow for prepaid property taxes and insurance;
11. Any other fees or costs that may be incurred by the Property Owner incident to the installation,
modification, or improvement on a specific or pro rata basis.
12. See also the definition of Total Eligible Construction Costs in Section 5(5)(D).
4. APPLICATION PROCESS
The C-PACER Act intends to reduce the administrative burden on participating counties as much as possible.
Thus, the Program Administrator will review the Application for proof of compliance with the requirements
of the C-PACER Act that are necessary for the County to approve the application and execute the applicable
documents for the proposed C-PACER transaction. All applicants are encouraged to review the Project
Application Checklist accompanying the Application to ensure that the types of information that the County
will rely upon to verify compliance with the C-PACER Act are present in the completed Application.
The process of obtaining financing under the Program starts when a Property Owner approaches a Capital
Provider. The Capital Provider will work with the Property Owner to collect a number of application and due
diligence items. Once all the items have been received, reviewed, and approved by the Capital Provider, the
Parties should settle on the loan terms.
The general flow of the C-PACER Application process will be as follows:
(1) The Property Owner and the Capital Provider prepare the Project Application, consisting of the
Project Application Checklist and all supporting documents (described below).
(2) The Program Administrator will have 15 business days to review and approve the Project
Application. If the Program Administrator has received an unusually high number of applications,
or if review is delayed because of some force majeure event, the Program Administrator may
notify the applicant that the application review and approval will be delayed by no more than 15
additional business days.
(3) The County application review process is confined to confirming that the Project Application is
complete, and all attachments conform to these guidelines. County approval does not constitute
endorsement of any representations that may be made with regard to the operation and any
savings associated with the Qualified Improvements. The Program Administrator will review the
Project Application for proof of compliance with the requirements of the C-PACER Act and C-
PACER Ordinance that are necessary for the County to approve the Project Application and
execute the applicable documents for the proposed C-PACER transaction. Incomplete Project
Applications will be returned to the applicant, and the Program Administrator will notify the
applicant about which items from the Project Application Checklist were not provided or are
insufficient or inaccurate on their face. If the Project Application and supporting documents
comply with the Project Application Checklist, the Project Application will be approved, and the
approval communicated in writing to the applicant.
10
(4) The Project Application may be conditionally approved if the application is complete but the
attachment regarding lender consent is not yet available. Conditional approval will be treated the
same as an approval, with exceptions noted below.
(5) Upon receipt of approval, the Capital Provider will draft the following “Closing Documents”: The
Assessment Agreement, the Notice of Assessment Interest and C-PACER Lien, and the Assignment
of the Notice of Assessment and Assessment Agreement. At or before closing, at the request of
the applicant, the designated and authorized County official will execute Closing Documents.
(6) If the Project Application received conditional approval, the Closing Documents executed by the
County may not be released from escrow unless and until all lender consents have been received
and executed in accordance with the C-PACER Act and C-PACER Ordinance.
(7) If the Project Application is denied, the Property Owner may file an appeal with the Jefferson
County Hearing Examiner in accordance with the provisions of the C-PACER Ordinance.
(8) At closing, the County will cause to be recorded with the Jefferson County Recorder’s Office the
Assessment Agreement, the Notice of Assessment Interest and C-PACER Lien, and the Assignment
of the Notice of Assessment Interest and C-PACER Lien. At the election of the applicant, the
County may delegate the recording of the Closing Documents to the applicant or their designee(s).
(9) Upon confirmation of recordation, the Capital Provider will disburse funds in accordance with the
Financing Agreement.
(10) The Property Owner begins on the Qualified Improvements or reimburses qualified expenses
already incurred.
(11) The Property Owner begins assessment payments per the Assessment Agreement and in
accordance with the Financing Agreement.
5. APPLICATION DOCUMENTS
The Project Application must be submitted with the following documents appended:
13. Project Application Checklist (Attachment 1)
14. Lienholder(s) Consent (Attachment 2)
15. Certificate of Qualified Improvements (Attachment 3):
(1) For Renewable Energy Improvements, Energy Efficiency Improvements, or Electrification
Improvements on an existing building: A certification stating that (a) the proposed Qualified
Improvements will either result in more efficient use or conservation of electricity or water, the
reduction of greenhouse gas emissions, or the addition of renewable sources of energy or
water; or (b) the subject property as a whole prior to the installation of the Qualified
Improvements does not conform to the meeting the current building energy or water code for
the County, but will do so after the Qualified Improvements are installed.
11
The certification must be performed by a licensed professional engineer or accredited
individual or firm from the following list:
o American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE)
Building Energy Assessment Professional (BEAP)
Building Energy Modeling Professional (BEMP)
Operations & Performance Management Professional Certification (OPMP)
High-Performance Building Design Professional Certification (HBDP)
o Association of Energy Engineers (AEE)
Certified Energy Manager (CEM)
Certified Measurement and Verification Professional (CMVP)
Certified Energy Auditor (CEA)
o Building Performance Institute
Energy Auditor
o Investor Confidence Project
ICP Quality Assurance Assessor
Other professional entities may be accepted by the Program Administrator at its discretion.
(2) For Renewable Energy Improvements that are solar photovoltaics, a North American Board of
Certified Energy Practitioners (NABCEP) PV design specialist certification is acceptable, or a
licensed Electrical Engineer, Building Energy Assessment Professional (BEAP), Building Energy
Modeling Professional (BEMP), Certified Energy Manager (CEM), Certified Measurement and
Verification Professional (CMVP), or Certified Energy Auditor (CEA). Other professional entities
may be accepted by the Program Administrator at its discretion.
(3) For lead reduction in water improvements: a Water Quality Association Professional
Certification.
(4) For Resiliency Improvements on an existing building: Certification by a licensed professional
engineer or other qualified entity stating that the Qualified Improvements will result in
improved resiliency, and reduce public risk and emergency response needs, including but not
limited to seismic improvements, flood mitigation, stormwater management, fire detection
and suppression, wildfire and wind resistance, energy storage and microgrids.
(5) For substantial building retrofits, which are defined as any repair, reconstruction,
rehabilitation, alteration, addition, or other improvement to the building, the cost of which
over any 5-year period equals or exceeds 50 percent of the market value of the structure
before the improvement, rehabilitation, or repair began, and new construction:
The lien amount cannot exceed 30 percent of the “after completed” property value. For
new construction projects and substantial retrofits, C-PACER can cover 30 percent of total
eligible construction costs. For non-substantial retrofits, C-PACER can cover up to 100
percent of eligible costs so long as the total lien amount does not exceed 30 percent of the
“after completed” property value.
(6) For all Qualified Improvements, the licensed engineer, individual or firm providing the certification
of eligibility of the Qualified Improvements must attest that the proposed term of the financing
12
does not exceed the weighted average effective useful life of the proposed Qualified Improvements
and that the Qualified Improvements are permanently affixed, as described in this Guidebook.
Certificate of Capital Provider Qualification (Attachment 4)
6. CLOSING DOCUMENTS
The following documents require the signature of the County and shall be part of the closing of any C-PACER
transaction. Each document must be in the same form as provided, although it is expected that Property
Owners and Capital Providers will negotiate variations tailored to their specific projects.
16. Assessment Agreement (Attachment 5)
17. Notice of Assessment Interest and C-PACER Lien (Attachment 6)
18. Assignment of Notice of Assessment Interest and C-PACER Lien and Assessment Agreement
(Attachment 7)
7. INTEREST RATES
Interest rates are negotiated in a Financing Agreement between the Property Owner and the Capital
Provider. Jefferson County has no role in reviewing, setting, or opining on such interest rates or other
aspects of the Financing Agreement. Market forces – such as competition, the intended use of the property,
potential risk – will affect the terms negotiated by the Property Owners and Capital Providers.
8. BILLING AND COLLECTION OF ASSESSMENTS
Billing, collection and enforcement of delinquent C-PACER Liens or C-PACER financing installment payments,
including foreclosure, remain the responsibility of the Capital Provider, and the terms are negotiated within
the Financing Agreement.
9. ENFORCEMENT OF C-PACER LIEN
The C-PACER Lien may be enforced by the Capital Provider at any time after one year from the date of
delinquency in the same manner that a county collects delinquent real property under chapter 84.64 RCW et
seq., including the provisions of RCW 84.64.040, excepting that a sworn declaration by the Capital Provider or
assignee attesting to the assessment delinquency of at least one year will be used in lieu of the certificate of
delinquency required under RCW 84.64.050. The sworn declaration has the same legal standing as a
certificate of delinquency enumerated in RCW 84.64.050. Under the C-PACER Act, such enforcement may not
occur until at least one year after delinquency.
By accepting a C-PACER Lien, the Capital Provider or its assignee, as applicable, agrees to assume
responsibility for prosecution of said action of foreclosure pursuant to RCW 84.64.040, independent of and
without assistance or consent from the prosecuting attorney, in accordance with the terms of the Financing
Agreement.
13
10. PROGRAM FEE
Jefferson County, as compensation for time and costs incurred, adopts three fees in this program: 1)
Application Fee equal to $500, which allows for two reviews and is paid upon initial submittal, 2)
Supplemental Application Fee of $250 if a third review is required and is payable prior to this review, and 3)
Program Fee of 1% payable upon closing.
The Program Fee shall equal 1% of the amount financed by the Property Owner capped at a total of no more
than $15,000. It shall not be less than $2,500. As mentioned above, the Property Owner must pay the
Program fee to the County at the closing of the transaction between the Property Owner and the Capital
Provider, and such payment is a condition precedent to recording. In the case that Jefferson County
delegates administration of the program to a third party, the fee may adjust with no less than 90 days’ notice
and will apply only to Project Applications received after the date of enactment of the new fee.
11. TERM OF AN ASSESSMENT; CALCULATION OF USEFUL LIFE OF QUALIFIED
IMPROVEMENTS
The maximum term of an assessment may not exceed the useful life of the Qualified Improvement, or
weighted average life if more than one Qualified Improvement is included in the Qualified Project.
12. FORM OF CLOSING DOCUMENTS
The Program has adopted form Closing Documents: The Assessment Agreements, Notice of Assessment
Interest and C-PACER Lien, and Assignment of Notice of Assessments Interest and Assessment Agreement. A
Property Owner and Capital Provider may not modify or omit any material substantive terms contained in the
forms.
The forms are attached as Attachments 5, 6 and 7 and respectively incorporated herein as referenced.
13. WRITTEN CONSENT FROM LIENHOLDER(S) REQUIRED
Before entering into an Assessment Agreement with the County, the Capital Provider must obtain, and the
Project Application must show proof of, written consent for the placement of the assessment and C-PACER
Lien from any holder of a lien, mortgage, or security interest in the real property.
For qualifying multifamily projects (residential projects of 5 or more dwelling units), the Capital Provider must
obtain written consent from any holder of affordable housing covenants, restrictions, or regulatory
agreements encumbering the real property as a condition precedent to the participation in the Program by
the property.
If the consents are executed at closing, the signatures of the County to the Closing Documents will be held in
escrow and will not be released until the consents are obtained. After closing, at the election of the Program
Administrator, an amended Project Application with the consents attached must be sent to the Program
Administrator. Capital Providers are responsible for providing their own form of consent that conforms to
the C-PACER Ordinance and C-PACER Act.
14
14. PROVISIONS FOR MARKETING AND PARTICIPANT EDUCATION
This Guidebook is available to the public on the Jefferson County C-PACER website,
https://www.co.jefferson.wa.us/1655/C-PACER. Jefferson County may, at its discretion, engage in workshops,
webinars, or other public and stakeholder forums, or provide written materials to increase awareness about
the C-PACER program. Jefferson County encourages other stakeholders to develop and share materials to
promote the education about and use of the Jefferson County C-PACER program to serve the public benefit of
health and safety.
15. COUNTY HAS NO LIABILITY OR FINANCIAL RESPONSIBILITY
Neither Jefferson County, its governing body, executives, nor employees are personally liable as a result of
exercising any rights or responsibilities granted under this Program.
The County shall not pledge, offer, or encumber its full faith and credit for any lien amount under the C-
PACER program. No public funds may be used to repay any C-PACER financing obligation.
16. LIMITATIONS OF JEFFERSON COUNTY’S AUTHORITY
Jefferson County may not enforce any privately financed debt under this Program. Neither the State of
Washington nor Jefferson County may use public funds to fund or repay any loan between a capital provider
and property owner. No provisions of this Program shall be interpreted to pledge, offer, or encumber the full
faith and credit of Jefferson County, nor shall Jefferson County pledge, offer, or encumber its full faith and
credit for any lien amount through this Program.
\[ATTACHMENTS FOLLOWING\]
15
Program Attachments
Attachment 1: Project Application Checklist
Attachment 2: Lien Holder Consent to C-PACER Assessment and Lien
Attachment 3: Certification of Qualified Improvements
Attachment 4: Certificate of Capital Provider Qualification
Attachment 5: Assessment Agreement for C-PACER Financing
Attachment 6: Notice of Assessment Interest and C-PACER Lien
Attachment 7: Assignment of Assessment Interest and C-PACER Lien and Assessment
Agreement
Attachment 8: Certificate of C-PACER Improvements Completion
16
ATTACHMENT 1: Project Application Checklist
Verified / Notes
Applicant-Provided
Information
Accepted Documentation
Completed by Jefferson
Information
Provided by Applicant County or Third-Party Program
Type
Completed by Applicant
Administrator
Click or tap here to enter text.
PROPERTY DEED or
ADDRESS TITLE INSURANCE REPORT or
ASSESSOR / TREASURER OFFICIAL RECORD
The address must be within Jefferson County.
PROPERTY Legal name(s) of Owner(s) DEED
OWNER (LIST ALL): TITLE INSURANCE REPORT
Click or tap here to enter text.
All names must match exactly what is on the Title
Name of contact person: Insurance Report.
Click or tap here to enter text.
Phone number: If the name(s) is different:
Click or tap here to enter text.
Email address:
Certified copy of personal/corporate name
Click or tap here to enter text.
change;
Certified copy of merger/sale document reflecting
name change;
Certified copy of Power of Attorney
QUALIFYING Is this property: ASSESSOR / TREASURER OFFICIAL RECORDS
PROPERTY ☐ Commercial APPRAISAL
ZONING REPORT
☐ Agricultural
GROUND LEASE (if applicable)
☐ Industrial
☐ Multi-family of 5+ units
17
QUALIFYING Is property owned by a: If property is held by a limited liability company,
OWNER ☐ Limited liability general or limited partnership or a corporation, the
applicant should include a copy of the certificate
company
of formation, organization, incorporation or similar
☐ General or limited
document and a good standing
partnership
certificate/certificate of existence from the state or
☐ Corporation
organization and, if not organized in Washington, a
☐ Individual/Sole
certificate of registration to conduct business in
proprietorship
Washington as a foreign entity.
☐ Trust
If a trust, a copy of the trust agreement or a
trustees’ certificate.
If an individual, a copy of a valid driver’s license.
If the application is to be signed by a party other
than the applicant, then, in addition to the
foregoing, a power of attorney or corporate
resolution authorizing said party.
CAPITAL Legal Name:
1. 1. If a federal or state-chartered bank, Community
Click or tap here to enter text.
PROVIDER
Development Financial Institution, or credit union,
Name of contact person:
the certificate of organization or similar document.
Click or tap here to enter text.
Phone number:
2. 2. If not an entity in #1, evidence of registration as a
Click or tap here to enter text.
C-PACE capital provider in two or more states.
Email address:
Click or tap here to enter text.
3. 3. If a private company, whose principal place of
business is located in the state of Washington,
Evidence of qualifications:
wishes to be a capital provider, and the person or
☐ Registered capital
company is not an entity in #1 or #2 above,
provider in 2 or more
documentation that:
states
● the entity is qualified to do business in the State of
☐ Federal or state-
Washington, maintains any necessary licenses or
chartered bank,
Community Development
18
Financial Institution or
permits necessary to conduct its business in the
credit union
State of Washington, and one of the following:
☐ I am a Washington-
● A copy of the most recent (within the last year)
based capital provider
audited financial statement; OR
and submitting additional
● Copy of the most recent (within the last year)
information, attached.
Federal or Washington state financial institution
regulatory filing.
● NOTE: if audit is unqualified or the entity is not in
good standing with any regulatory agency,
application may be denied.
QUALIFYING The improvements sought Attach description of improvements and
IMPROVEMENT are, per the definitions in certifications for improvements sought, including
CERTIFICATION the Program Guide: documentation of the appropriate
(Existing Building) (check all that apply): license/qualifications required by the Guidebook.
☐ Energy efficiency
improvement
☐ Electrification
improvement
☐Transportation
electrification
improvement
☐ Renewable energy
improvement
☐ Water conservation
improvement
☐ Resiliency improvement
☐ Other, please describe:
Click or tap here to enter text.
QUALIFYING The improvements sought Attach description of improvements and
IMPROVEMENT are, per the definitions in certifications for improvements sought, including
CERTIFICATION the Program Guide: documentation of the appropriate
(check all that apply): license/qualifications required by the Guidebook.
19
(New
Construction) ☐ Energy efficiency
improvement
☐ Electrification
Improvement
☐Transportation
electrification
improvement
☐ Renewable energy
improvement
☐ Water conservation
improvement
☐ Resiliency improvement
☐ Other, please describe:
Click or tap here to enter text.
The improvements sought
are for:
☐ Substantial building
retrofit
☐ New construction
LIENHOLDER Consent(s): Applicant should submit the Lienholder Consent
CONSENT ☐ Attached Form (must be substantially the same as the model
form in Exhibit 2)
☐ Delivered at close
● The form must be signed and notarized in
appropriate places
Cross-check list of Lienholders from Title Report with
Written Consents provided by Capital Provider.
IF CONSENT WILL BE EXECUTED AT CLOSING, CONDITIONAL APPROVAL IS GIVEN.
IF CONSENTS ARE DELIVERED AT CLOSING, APPLICANT MUST HOLD COUNTY-EXECUTED CLOSING DOCUMENTS IN ESCROW UNTIL CONSENTS ARE
OBTAINED. AT DISCRETION OF THE COUNTY, THIS APPLICATION MAY BE AMENDED AND RETURNED WITH COPIES OF CONSENTS ATTACHED.
20
BY SIGNATURE BELOW, THE APPLICANTS (THE PROPERTY OWNER AND CAPITAL PROVIDER) AFFIRM THAT THE INFORMATION AND DOCUMENTATION ARE
TRUE AND CORRECT TO THE BEST OF THEIR ABILITY AND THAT THE APPLICANTS HAVE READ THE DISCLOSURES AND DISCLAIMERS ATTACHED TO THIS
APPLICATION AND UNDERSTAND THE RISKS OF PARTICIPATING IN THE C-PACER PROGRAM; FURTHER, THAT THE APPLICANTS AFFIRM THAT NEITHER THE
COUNTY, ITS GOVERNING BODY, EXECUTIVES, NOR EMPLOYEES ARE PERSONALLY LIABLE AS A RESULT OF EXERCISING ANY RIGHTS OR RESPONSIBILITIES
GRANTED UNDER THIS PROGRAM.
APPLICATION FORM SIGNED AND DATED
ON BEHALF OF PROPERTY OWNER: ___________________________
NAME & TITLE: ___________________________
ON BEHALF OF CAPITAL PROVIDER: ____________________________
NAME AND TITLE: _____________________________
TO BE COMPLETED BY AUTHORIZED COUNTY OFFICIAL
APPLICATION: ________ APPROVED ___________ CONDITIONALLY APPROVED _______ DENIED
ON BEHALF OF COUNTY: ____________________________
NAME AND TITLE: _____________________________
DISCLOSURES & DISCLAIMERS
21
ATTACHMENT 2: Lien Holder Consent to C-PACER Assessment and Lien
Lien or Other Obligation Holder Consent to C-PACER Assessment and Lien
Date:
Property/Loan Information Building
Address:
Tax key/Parcel:
Lien or Other Obligation Holder:
Loan Number:
This Lien or Other Obligation Holder Consent Acknowledgement to C-PACER Assessment and Lien (this
“Consent”) is given by the undersigned entity (the “Holder”) with respect to the above-referenced C-
PACER Assessment and Lien and property (“Property”) in relation to the Jefferson County C-PACER
program (the “Program”).
RECITALS
A. The Holder is in receipt of written notice (“Notice”) from the owner of the Property (“Property
Owner”) that it intends to finance the installation on the Property of certain Qualified Improvements
according to RCW chapter 36.165 that will be permanently fixed to the Property and that will be financed
by participating in the Program.
B. The Holder understands that, as a result of an Assessment Agreement between Jefferson County
the Property Owner and _______________, the C-PACER Capital Provider (the “Capital Provider”), and a
Financing Agreement between the Property Owner and the Capital Provider the Capital Provider, that the
C-PACER Assessment and Lien against the Property, as described in the C-PACER Assessment Agreement
between the County, the Capital Provider and Property Owner and in the C-PACER Financing Agreement
between the private Capital Provider and the Property Owner (the “C-PACER Assessment”), will be
recorded against the Property is a first and prior lien, second only to a lien for taxes imposed by the state,
a local government, or a junior taxing district against the real property on which the C-PACER lien is
imposed, from the date on which the notice of the C-PACER lien is recorded until the C-PACER Assessment,
including any interest, penalties, and charges accrued or accruing under the terms of the Financing
Agreement are paid in full.
22
C. The Property Owner has agreed in a manner acceptable to the Holder to uphold and pay on a
timely basis both the existing obligations to the Holder which are secured by the Property and the
proposed C-PACER Assessment payments.
D. The Holder consents to the Property’s participation in the C-PACER program and that the C-PACER
lien will take precedence over all other liens except for a lien for taxes as described in paragraph B.
ACKNOWLEDGEMENT
The undersigned hereby represents that it is authorized to execute this Acknowledgement on behalf of
the Holder. The Holder hereby:
(i) confirms that it has received the Notice.
(ii) acknowledges that there will be a C-PACER Assessment recorded against the Property
pursuant to the terms of the Assessment Agreement and C-PACER Financing Agreement; and
(iii) agrees that the recording of the C-Pacer Assessment and payment of the C-PACER
Assessment will not constitute a default nor trigger the exercise of any remedies under the
Holder’s Loan or other obligation documents.
The Holder hereby acknowledges that the Property Owner, the County, the C-PACER Capital Provider and
the County’s designated C-PACER Program Administrator, will rely on the representation and
acknowledgement of the Holder set forth in this Acknowledgement. The Recitals are integrated into and
made a part of this Acknowledgment.
Holder:
By:
Signature:
Title:
Date:
In witness whereof, _______________ has caused its name to be signed this ______ day of
______________, __________.
________________________________
By:______________________________
________________, _____________
23
ATTACHMENT 3: Certification of Qualified Improvements
I, the undersigned, hereby certify the following facts and make the following certifications with
respect to the project described in the attached Project Application (the “Project”) under the
Jefferson County C-PACER Program:
1. I am a licensed Professional Engineer in the State of Washington, whose registration
number and stamp are shown below, OR
2. I am accredited by or belong to a firm with an accreditation from:
▪ American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE)
o Building Energy Assessment Professional (BEAP)
o Building Energy Modeling Professional (BEMP)
o Operations & Performance Management Professional Certification (OPMP)
o High-Performance Building Design Professional Certification (HBDP)
▪ Association of Energy Engineers (AEE)
o Certified Energy Manager (CEM)
o Certified Measurement and Verification Professional (CMVP)
o Certified Energy Auditor (CEA)
▪ Building Performance Institute
o Energy Auditor
▪ Investor Confidence Project
o ICP Quality Assurance Assessor
_ Other. _____________________________________
Please provide verification of professional accreditation and recognition
3. The application is for:
___ an existing building
___ new construction
4. Please describe your relationship to the project:
____ I am employed by the project applicant in my professional capacity
____ I am a contracted independent third-party reviewer
5. I reviewed the following information regarding the project (e.g., equipment
specifications OR design drawings/modeling OR permit applications OR an ASHRAE Level 1
assessment/energy assessment): Please Describe:
_____________________________________________
6. The project proposal includes the “Qualified Improvements”, as defined in RCW
36.165, the C-PACER Ordinance, and the Program Guidebook, and the estimated
24
useful life of each Qualified Improvement, which are listed in an attachment to this
certification. (Please attach) The proposed term of the financing does not exceed
the weighted average effective useful life of the proposed Qualified Improvements.
7. The Qualified Improvements will be permanently affixed to the property.
IF FOR AN EXISTING BUILDING (EXCLUDING SUBSTANTIAL RETROFITS) (check those that
apply):
I CERTIFY:
____ The proposed Qualified Improvements will result in more efficient use or conservation
of electricity or water, the reduction of greenhouse gas emissions, support the
production of clean, renewable energy or the electrification of transportation.
____ Prior to the Qualified Improvements, the operation of the building relied on fossil fuels.
After the qualified improvements, there are no fossil fuels used in the operation of the
building.
____ The Qualified Improvements will result in improved resilience, which may include,
without limitation, seismic resilience, flood mitigation, stormwater management, fire
detection and suppression, wildfire and wind resistance, energy storage and microgrids.
If other, specify: ____________________________________
____ Prior to the installation of the Qualified Improvements, the pre-existing product, device,
or interacting group or products or devices did not conform to applicable code
requirements, or the subject property as a whole did not conform to the currently
applicable code requirements for building energy, water efficiency or resiliency. After
the Qualified Improvements are installed, the subject property will meet the applicable
code or codes.
25
IF FOR NEW CONSTRUCTION (INCLUDING SUBSTANTIAL RETROFITS) (check those that apply):
I CERTIFY:
____ Each proposed Qualified Improvement will enable the subject property to exceed the
code requirements for energy efficiency, water efficiency or renewable energy.
____ The building as a whole, as a result of the Qualified Improvements, exceeds applicable
code requirements for building resiliency, energy or water efficiency.
____ The proposed Qualified Improvement will support the production of clean, renewable
energy or electric vehicle charging infrastructure.
____ The proposed resiliency Qualified Improvements will enable the subject property to
exceed the applicable code requirements.
Signature: _____________________________________
NAME:
Business name:
Business address:
Business contact email:
Business contact phone:
IF APPLICABLE
License No. __________________________
Stamp: ____________________________
ATTACHMENTS (Please attach to Certification)
26
ATTACHMENT 4: Certificate of Capital Provider Qualification
Please check all of the following that apply to the qualifications of \[________________\] (“Capital
Provider”), the capital provider that will supply the C-PACER financing for the project located at
\[____________________________________\]:
☐ Capital Provider is registered to provide C-PACE financing in at least two other states.
State:__________________________
Program Name: _________________
State:__________________________
Program Name: ________________________
Please provide documentation. Appropriate documentation includes a certification
or verified copy of registration as a C-PACE provider by a C-PACE program.
☐ Capital Provider has financed at least one previous C-PACE transaction in another jurisdiction.
State: _______________________
Program Name: ____________________
Transaction: _______________________
Please provide documentation. Appropriate documentation includes a copy of a
recorded transaction document (such as Notice of Assessment or Lien) specifying
that is part of a C-PACE transaction.
☐ Capital Provider is a federally chartered bank, Community Development Financial Institution,
thrift institution, or credit union.
Please provide documentation. Appropriate documentation includes a copy of the
latest public filing, license, or registration with the applicable federal regulatory
body.
☐ Capital Provider is a state-chartered bank, Community Development Financial Institution, thrift
institution or credit union.
Please provide documentation. Appropriate documentation includes a copy of the
latest public filing, license, or registration with the applicable state regulatory body.
☐ Capital Provider is a private entity whose principal place of business is located in Washington state,
does not meet the above qualifications, but provides the following information for review and
approval. Submission does not guarantee approval.
27
Name
Address
Contact name:
Email:
Phone Number:
Business License No:
Attach the most current audited financial statements (to demonstrate solvency) or the most
current regulatory or business filing required by the state (to demonstrate good standing).
\[Remainder of Page Intentionally Left Blank\]
28
The undersigned certifies that the above is true and accurate as of the current date:
\[Capital Provider\]
By:
Name and Date:
Title:
29
ATTACHMENT 5: Assessment Agreement for C-PACER Financing
Assessment Agreement for C-PACER Financing
COUNTY OF Jefferson WASHINGTON
COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCY
(C-PACER) PROGRAM
30
TABLE OF CONTENTS
Page
S ECTION 1. P URPOSE 2
S ECTION 2. T HE P ROPERTY 2
S ECTION 3. A SSESSMENT AND L IEN; A SSIGNMENT 2
S ECTION 4. C OLLECTION OF A SSESSMENT; F ORECLOSURE 2
S ECTION 5. T ERM; A GREEMENT R UNS WITH THE L AND; 3
S ECTION 6. R ECORDATION OF D OCUMENTS 3
S ECTION 7. A MENDMENT 3
S ECTION 8. B INDING E FFECT; A SSIGNMENT 3
S ECTION 9. NO LIABILITY OF THE C OUNTY 3
S ECTION 10. I NDEMNIFICATION 4
S ECTION 11. G OVERNING L AW; V ENUE 4
S ECTION 12. S EVERABILITY 4
S ECTION 13. C OUNTERPARTS 4
EXHIBIT A PROPERTY LEGAL DESCRIPTION A-1
EXHIBIT B DESCRIPTION OF QUALIFIED IMPROVEMETS B-1
EXHIBIT C FORM OF NOTICE OF ASSESSMENT C-1
EXHIBIT D ASSESSMENT SCHEDULE D-1
31
Assessment Agreement for C-PACER Financing
\[Name\] County, Washington
This ASSESSMENT AGREEMENT for C-PACER FINANCING (this "Agreement") is made and entered
into as of the date is fully executed, (the “Effective Date”) by and between the County of \[Jefferson\],
Washington (the “County”), and \[___\], the record owner(s) (the “Property Owner”) of the fee title to the
real property identified on Exhibit A (the “Property”) and\[XXX\] the Capital Provider financing the
Approved Project (collectively referred to as ”Parties”).
RECITALS
WHEREAS, the County has, on ______ established the Commercial Property Assessed Clean
Energy and Resiliency Program (the “Program”) through the adoption of Ordinance No. ______ (“County
Ordinance”) to allow the financing of certain renewable energy, energy and water efficiency, and
resiliency improvements (“Qualified Improvements”), through contractual assessments pursuant to RCW
chapter 36.165 (as may be amended from time to time, the “C-PACER Act”); and
WHEREAS, the purpose for the Program is described in the Program Guidebook attached to the
County Ordinance, as the same may have been amended from time to time prior to the Effective Date of
this Agreement (the “Program Guidebook”); and
WHEREAS, the Property is located in the boundaries of the County; and
WHEREAS, the Property Owner has submitted application materials including a description of the
Qualified Improvements that will be acquired, constructed on and/or installed on the Property; and
WHEREAS, the County has reviewed such application materials to assess compliance with the C-
PACER Act, the County Ordinance, and Program Guidebook, and the County has determined that the
project proposed by the Property Owner complies with such criteria and is approved for participation in
the Program (the “Approved Project”); and
WHEREAS, the Approved Project is to be financed pursuant to a financing agreement between
the Property Owner (the “Financing Agreement”) and a capital provider (together with its designee or
assigns, the “Capital Provider”) and under which the Property Owner agrees to repay such Capital
Provider; and
WHEREAS, pursuant to RCW chapter 36.165, the County and the Property Owner must enter into
an agreement whereby the Property Owner voluntarily consents to have an assessment levied and a lien
placed on the qualifying property in exchange for receiving and repaying C-PACER financing; and
WHEREAS, it is a condition to closing of the Financing Agreement that the Property Owner and
the County enter into this Agreement; and
WHEREAS, the Property Owner voluntarily and willingly agrees to have an assessment levied on
the Property and to enter into this Agreement in order to finance the installation on the Property of the
Qualified Improvements contemplated as part of the Approved Project, all on the terms set forth in the
Financing Agreement;
32
WHEREAS, the County has determined that facilitating the financing of qualified projects, which
are repaid by voluntary assessments on the property benefited by property assessed clean energy and
resiliency (C-PACER) improvements, is in the public interest for safety, health and other common good;
NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements
hereinafter contained, and for other good and valuable consideration the receipt and sufficiency of which
are hereby acknowledged, the Property Owner, Capital Provider and the County formally covenant and
agree as follows, with the intent to bind themselves and their respective successors and assigns:
AGREEMENT
Section 1. Purpose. The Property Owner and the County are entering into this Agreement
for the purpose of subjecting the Property to a C-PACER assessment to finance or refinance the purchase,
installation, or construction of the Qualified Improvements identified on Exhibit B on the Property.
Section 2. The Property. This Agreement relates to the real property identified in Exhibit A.
The Property Owner has supplied to the County current evidence of its ownership of fee title to the
Property and possesses all legal authority necessary to execute and deliver this Agreement.
Section 3. Assessment and Lien; Assignment.
(a) The Property Owner agrees that upon the execution and delivery of this
Agreement by the Parties, the Property Owner voluntarily and willingly consents to the placement of an
assessment levied against the Property by the County pursuant to this Agreement and applicable law in
the principal amount of $\[__________\], together with all interest, penalties, and fees as described in the
Financing Agreement (the “Assessment”). Upon execution and delivery of this Agreement, the County
will execute and cause to be recorded with the Jefferson County Recorder’s Office, together with a copy
of this Agreement, pursuant to RCW chapter 36.165, the Notice of Assessment Interest and C-PACER Lien
(“Notice of Assessment”), substantially in the form of Exhibit C. The recording of the Notice of Assessment
will cause the Assessment to attach as a lien upon the Property for the benefit of the County (the “C-
PACER Lien”) and provide record notice to third parties of the existence of the C-PACER Lien.
(b) The execution and delivery of this Agreement by the Parties authorizes and
effectuates the recordation of the Assessment by the County against the Property without any further
action required by the Parties.
(c) The Property Owner hereby promises to pay the Assessment for a period of
\[________\] years on the due dates set forth in Exhibit D hereto (the “Assessment Schedule”). The
Property Owner agrees, as provided in the Financing Agreement, to pay the amount due in installments
according to the Assessment Schedule (each, an “Assessment Installment”), each such Assessment
Installment to be paid by the Property Owner by its due date in order to avoid delinquencies and the
accrual of interest and related penalties.
(d) The Assessment shall be secured by the C-PACER Lien until paid in full. Failure
to pay any Assessment Installment, like failure to pay any property taxes pertaining to the Property, will
result in penalties and interest and shall accrue in accordance with the terms and provisions of the
Financing Agreement. In addition, failure to pay an Assessment installment may result in the C-PACER
Lien being foreclosed in the manner specified in Section 4 of this Agreement.
33
(e) The Assessment and the C-PACER Lien shall be assigned, pursuant to the
Assignment of Assessment Agreement (the “Assignment”), to the Capital Provider, its designee or assigns
as set forth in the Financing Agreement. The Assignment shall be executed and delivered
contemporaneously with this Agreement and recorded immediately following the Notice of Assessment.
Section 4. Collection of Assessment; Foreclosure.
(a) The Assessment Installments shall be collected by the Capital Provider in the
manner specified in the Financing Agreement.
(b) The Property Owner and Capital Provider acknowledge and agree that in
accordance with RCW 36.165.060, the Capital Provider is responsible for collection of Assessment
payments and enforcement of any delinquencies. Jefferson County shall have no obligation to the Capital
Provider with respect to collection and enforcement. The Capital Provider may foreclose the C-PACER lien
at any time after one year from the date of delinquency of an assessment payment in the same manner
that the collection of delinquent real property taxes is enforced by a county under chapter 84.64 RCW et
seq., excepting that a sworn declaration by the Capital Provider attesting to the assessment delinquency
of at least one year shall be used in lieu of the certificate of delinquency required under RCW 84.64.050.
In accordance with RCW 36.165.060, the sworn declaration shall have the same legal standing as a
certificate of delinquency enumerated in RCW 84.64.050.
(c) Delinquent installments due on a C-PACER lien incur interest and penalties as
specified in the Financing Agreement. As permitted by RCW 36.165.060, the Property Owner expressly
consents to prosecution of said action of foreclosure by Capital Provider. The County shall have no
obligation to prosecute such foreclosure on behalf of the Capital Provider, or to otherwise participate in
such foreclosure, except to the extent that any action on the part of the County or any other County
official is required, as determined by a court of competent jurisdiction as defined in Section 12 of this
Agreement, to allow the Capital Provider to effectuate the foreclosure under RCW Chapter 84.64.
Section 5. Term; Agreement Runs with the Land.
(a) Except as otherwise set forth in this Agreement, this Agreement shall terminate
upon the final payment or prepayment of the Assessment. Following such termination, the Capital
Provider shall cause to be executed, delivered, and/or recorded such instruments as are necessary in order
to release the C-PACER Lien. The C-PACER Lien placed pursuant to this Agreement establishes rights and
obligations that are for the benefit of the Property and, therefore, such rights and obligations run with
the land as per RCW 36.165.060.
(b) The balance of the C-PACER Lien that has not yet become due is not accelerated
or eliminated by foreclosure of the C-PACER Lien or any lien for taxes imposed by the state, a local
government, or junior taxing district against the Property consistent with RCW 36.165.060.
(c) In the event the Property is subdivided while any portion of the Assessment
remains unpaid, the Assessment will be assigned to each of the newly created parcels on the basis of
\[relative valuation\], unless the Financing Agreement provides that the Assessment should be allocated in
an alternate manner.
34
Section 6. Recordation of Documents. The County shall cause to be recorded with the
Jefferson County Recorder’s Office the Notice of Assessment, which includes this Agreement as an
attachment, and such other documents that are attached as Exhibits to this Agreement.
Section 7. Amendment. (a) This Agreement may be modified only by the written agreement
of the Capital Provider, the County and the Property Owner.
(b) The Property Owner agrees that it will, from time to time, execute,
acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto
and such further instruments as may reasonably be required in order to carry out the expressed intention
of this Agreement.
Section 8. Binding Effect; Assignment. This Agreement inures to the benefit of and is binding
upon the Parties and their respective successors and assigns. The obligation to pay the Assessment set
forth in this Agreement is an obligation of the Property and no agreement or action of the Property Owner
(other than repayment of the Assessment in full in accordance with the terms of the Financing Agreement)
will impair in any way the Capital Provider’s right to pursue foreclosure of the C-PACER Lien or the right
to enforce the collection of the Assessment or any Assessment Installment against the Property. Any
County assignee shall be a party to this Agreement and shall have all of the rights, except as provided in
Section 9 of this Agreement, and obligations of the County hereunder to the extent that such rights and
obligations have been assigned by the County pursuant to the assignment documentation between the
County and the assignee. The County may furnish any information concerning the Property Owner in its
possession from time to time to prospective assignees.
Section 9. No Liability of the County. Pursuant to RCW chapter 36.165, the County shall
incur no liability as a result of any provision of this Agreement, nor shall any members of the governing
body, employees, board members and executives of the County be personally liable for exercising any
rights or responsibilities pursuant to or in furtherance of this Agreement. This provision shall inure only
to the County, its governing body, employees, board members, and executives, and not to the benefit of
the County’s successors or assigns of this Agreement.
In accordance with RCW 36.165.110, the Parties acknowledge and agree that the County may not
enforce any privately financed debt contemplated by this Agreement. The County is prohibited by RCW
36.165.110 and other law from pledging, offering or encumbering its full faith and credit for any lien
contemplated by this Agreement. The Parties acknowledge and agree that the County is prohibited from
using public funds to fund or repay any loan between the Capital Provider and the Property Owner.
Nothing in this Agreement shall be interpreted to pledge, offer, or encumber the full faith and credit of
the County.
In the event that the County incurs any costs, including but not limited to regulatory fees, taxes and
attorney’s fees arising out of the foreclosure of the C-PACER lien, the Capital Provider shall reimburse
the County such costs.
This Section 9 shall survive any termination or assignment of this Agreement.
Section 10. Indemnification. (a) The Property Owner agrees to defend, indemnify and hold
the County, its officers, employees, agents and contractors harmless from any and all claims, including
but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising
from, resulting from or connected with this Agreement, the Approved Project, the Assessment, the
35
Financing Agreement and the C-PACER Lien. The Property Owner’s duty to indemnify the County shall not
apply to liability for damages to the extent caused by or resulting from the sole or contributory negligence
or willful misconduct of the County, its officers, employees, agents or contractors. The obligations in this
provision shall survive any termination or assignment of this Agreement.
The Capital Provider agrees to defend, indemnify and hold the County, its officers, employees, agents and
contractors harmless from any and all claims, including but not limited to reasonable attorney fees,
demands, losses and liabilities to or by third parties arising from, resulting from or connected with this
Agreement, the Approved Project, the Assessment, the Financing Agreement and the C-PACER Lien. The
Capital Provider’s duty to indemnify the County shall not apply to liability for damages to the extent
caused by or resulting from the sole or contributory negligence or willful misconduct of the County, its
officers, employees, agents or contractors. The obligations in this provision shall survive any termination
or assignment of this Agreement.
Section 11. WAIVER OF CLAIMS. The Parties acknowledge that the C-PACER Program is a
new financing opportunity created by the state. By statute, and as acknowledged and agreed to by the
Parties, after the adoption of a C-PACER Program, the County’s role is limited to the approval of an
assessment and the recordation of a C-PACER lien, and administration of the C-PACER program which
may be contracted out to a private third party. The Parties agree that the County is not responsible for
determining the viability of an Approved Project, the financial or legal risks and benefits of entering
into the Financing Agreement between the Property Owner and the Capital Provider or the accuracy of
the estimates of the costs to be financed. The County has no independent obligation to verify
information and must rely on that information provided by the other Parties, including justification that
the Approved Project provides a benefit to the public and that the Financing Agreement complies with
state law. Therefore, the Property Owner and the Capital Provider agree to waive any and all manner
of actions and causes of action, claims, damages, losses, liabilities and demands of whatsoever nature
or description, whether known or unknown, whether foreseen or unforeseen, based on any law,
regulation or common law, including but not limited to reasonable attorney fees, they, both
individually and jointly, may have against the County, its officers, employees, agents and contractors,
arising out of the Approved Project, the Assessment, any assignment, the Financing Agreement, the C-
PACER Lien, and the County’s performance under this Agreement, except for the following:
Failure to record the Notice of Assessment Interest and C-PACER Lien in
accordance with Section 6 of this Agreement
Failure to assign this Assessment Agreement and C-PACER Lien to Capital
Provider in accordance with Section 3 of this Agreement
Failure to record the assignment of the C-PACER Lien to Capital Provider in
accordance with RCW 36.165.050(3)
In such cases of the County’s failure to perform, the Property Owner and the Capital Provider agree
that their sole remedy shall be specific performance. This Section 11 shall survive any termination or
assignment of this Agreement.
____________________ _________________
Property Owner initial Capital Provider initial
36
Section 12. Governing Law; Venue. This Agreement is governed by and construed in
accordance with the laws of the State of Washington. Any legal action brought under this Agreement
must be instituted in a superior court of Jefferson County.
Section 13. Severability. Each and every provision of this Agreement is, and shall be
construed to be, a separate and independent covenant and agreement. If any term or provision of this
Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to circumstances other than
those to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision
of this Agreement shall be valid and shall be enforced to the extent permitted by law.
Section 14. Counterparts. This Agreement may be executed in several counterparts, each of
which is an original and all of which constitutes one and the same instrument.
Signatures Appear on Following Page
37
IN WITNESS WHEREOF, the County, Capital Provider and the Property Owner have caused this
Agreement to be executed in their respective names by their duly authorized representatives.
COUNTY:
County of \[Jefferson\], State of Washington
By:
Its:
Date: ___________________________________
PROPERTY OWNER:
\[______________________________________\]
By:
Its:
Date: __________________________________________
Capital Provider:
\[______________________________________\]
By:
Its:
Date: _________________________________________
STATE OF WASHINGTON
ss:
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that _________________________ is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument on behalf
of ___________________________________________________________________________
and to bind the same to the terms and conditions set forth in the instrument. This is the free and
voluntary act and for the uses and purposes mentioned in the instrument.
Dated this _________________________ day of _________________________, 202_.
38
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
STATE OF WASHINGTON
ss:
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that _________________________ is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument on behalf
of ___________________________________________________________________________
and to bind the same to the terms and conditions set forth in the instrument. This is the free and
voluntary act and for the uses and purposes mentioned in the instrument.
Dated this _________________________ day of _________________________, 202_.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
STATE OF WASHINGTON
ss:
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that _________________________ is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument on behalf
of ___________________________________________________________________________
and to bind the same to the terms and conditions set forth in the instrument. This is the free and
voluntary act and for the uses and purposes mentioned in the instrument.
Dated this _________________________ day of _________________________, 202_.
(Signature of Notary)
39
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
40
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
\[To be inserted\]
41
EXHIBIT B
QUALIFIED IMPROVEMENTS
\[To be inserted\]
42
EXHIBIT C
FORM OF NOTICE OF ASSESSMENT
\[To be inserted\]
43
EXHIBIT D
ASSESSMENT SCHEDULE
DelinquenAnnual
Principal Total Payment
Period Bill date t After Payment Interest Principal Collection
Remaining Due
Date Costs**
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
44
RETURN NAME and ADDRESS
Please Type or Print Neatly and Clearly All Information
Document Title(s) NOTICE OF ASSESSMENT INTEREST AND C-PACER LIEN
Reference Number(s) of Related Documents
Grantor(s) \[PROPERTY OWNER\]
Grantee(s) JEFFERSON COUNTY
Legal Description (Abbreviated form is acceptable, i.e., Section/Township/Range/Qtr Section or
Lot/Block/Subdivision)
Assessor’s Tax Parcel ID Number: _________
The County Auditor will rely on the information provided on this form. The Staff will not read the document to
verify the accuracy and completeness of the indexing information provided herein.
Sign below only if your document is Non-Standard.
I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I
understand that the recording processing requirements may cover up or otherwise obscure some parts of the
text of the original document. Fee for non-standard processing is $50.
Signature of Requesting Party
45
ATTACHMENT 6: Notice of Assessment Interest and C-PACER Lien
\[see following page\]
46
Instrument Prepared By
And Recording Requested by:
Space Above for Recorder’s Use
NOTICE OF ASSESSMENT INTEREST AND C-PACER LIEN
Washington RCW 36.165 Filed in JEFFERSON County
(GRANTEE) JEFFERSON COUNTY
(GRANTOR) \[PROPERTY OWNER\]
Notice is hereby given that the person named below is placing a C-PACER Lien
pursuant to chapter 36.165 RCW. In support of this lien the following information is submitted:
1. THE ASSESSMENT LIEN GRANTEE JEFFERSON COUNTY
2. DATE ON WHICH THE ASSESSMENT \[INSERT\]
AGREEMENT WAS SIGNED GRANTING THE RIGHT
TO PLACE AN ASSESSMENT AND C-PACER LIEN
ON THE PROPERTY
3. THE PROPERTY OWNER GRANTING THE \[INSERT\]
PLACEMENT OF THE ASSESSMENT AND C-PACER
LIEN
4. THE PROPERTY AGAINST WHICH THE \[INSERT\]
ASSESSMENT AND C-PACER LIEN IS PLACED IS
LOCATED AT THE FOLLOWING MUNICIPAL
ADDRESS:
5. LEGAL DESCRIPTION OF THE PROPERTY IS AS SEE EXHIBIT A TO THE
FOLLOWS ASSESSMENT AGREEMENT
ATTACHED HERETO
6. ASSESSOR’S PARCEL NUMBER OF THE \[INSERT\]
PROPERTY
7. PRINCIPAL AMOUNT OF ASSESSMENT \[INSERT\]
SECURED BY C-PACER LIEN
8. TERMS AND LENGTH OF ASSESSMENT SEE EXHIBIT _ TO THE
SECURED BY C-PACER LIEN ASSESSMENT AGREEMENT
ATTACHED HERETO
47
9. COPY OF ASSESSMENT AGREEMENT \[INSERT\]
(ATTACHED)
48
IN WITNESS WHEREOF, Grantee and Grantor have caused this Notice of Assessment Interest and
C-PACER Lien to be executed in their respective names by their duly authorized representatives, all as
of the date first above written.
GRANTEE:
County of JEFFERSON, State of Washington
By:
Its:
GRANTOR:
\[PROPERTY OWNER\]
By:
Its:
49
STATE OF WASHINGTON
ss:
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that _________________________ is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument on behalf
of ___________________________________________________________________________
and to bind the same to the terms and conditions set forth in the instrument. This is the free and
voluntary act and for the uses and purposes mentioned in the instrument.
Dated this _________________________ day of _________________________, 202_.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
STATE OF WASHINGTON
ss:
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that _________________________ is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument on behalf
of ___________________________________________________________________________
and to bind the same to the terms and conditions set forth in the instrument. This is the free and
voluntary act and for the uses and purposes mentioned in the instrument.
Dated this _________________________ day of _________________________, 202_.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
50
RETURN NAME and ADDRESS
51
ATTACHMENT 7: Assignment of Notice of Assessment Interest and C-PACER
Lien and Assessment Agreement
\[see following page\]
52
Please Type or Print Neatly and Clearly All Information
Document Title(s) ASSIGNMENT OF NOTICE OF ASSESSMENT INTEREST AND C-PACER
LIEN AND ASSESSMENT AGREEMENT
Reference Number(s) of Related Documents
Grantor(s)/Assignor \[JEFFERSON COUNTY\]
Grantee(s)/Assignee \[CAPITAL PROVIDER OR DESIGNEE\]
Legal Description (Abbreviated form is acceptable, i.e. Section/Township/Range/Qtr Section or Lot/Block/Subdivision)
Assessor’s Tax Parcel ID Number: ________
The County Auditor will rely on the information provided on this form. The Staff will not read the document to
verify the accuracy and completeness of the indexing information provided herein.
Sign below only if your document is Non-Standard.
I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I
understand that the recording processing requirements may cover up or otherwise obscure some parts of the
text of the original document. Fee for non-standard processing is $50.
Signature of Requesting Party
53
WHEN RECORDED, RETURN TO:
ASSIGNMENT OF NOTICE OF ASSESSMENT INTEREST AND C-PACER LIEN
AND ASSIGNMENT OF ASSESSMENT AGREEMENT
This ASSIGNMENT OF NOTICE OF ASSESSMENT INTEREST AND C-PACER
LIEN AND ASSIGNMENT OF ASSESSMENT AGREEMENT (this “Assignment”) is dated
as of \[MONTH\] ___, 20__ by Jefferson County, Washington (“Assignor”), to \[CAPITAL
PROVIDER\] (“Assignee”).
For value received, Assignor hereby grants, assigns and transfers to Assignee, without
recourse or warranty of any kind, express or implied, all of Assignor’s rights in, title to, and
interest under, that certain Notice of Assessment Interest and C-PACER Lien, dated as of
\[___________\], 20__, by \[_____________\] (“Property Owner”) and Assignor, recorded on
\[____________\], 20__ as Instrument No. ___________ in the office of the records of Jefferson
County, State of Washington (the “Notice of Assessment Interest”) and the Assessment
Agreement dated as of \[___________\], 20__, between Property Owner and Assignor and
attached to such Notice of Assessment Interest, together with the obligations secured by the C-
PACER Lien and all other instruments, documents and certificates executed in connection
therewith. Assignee hereby accepts all of Assignor’s rights in, title to, and interest under the
Assessment Agreement and the Notice of Assessment Interest, together with the obligations
secured by the C-PACER Lien and all other instruments, documents and certificates executed
in connection therewith.
Pursuant to RCW 36.165.060, by accepting this Assignment, Assignee agrees for the
benefit of Assignor that Assignee shall be solely responsible for enforcing the obligation of
Property Owner to pay the Assessment described in the Assessment Agreement, including
pursuing a foreclosure of the C-PACER Lien in the same manner by which counties collect
delinquent real property taxes under Chapter 84.64 RCW. Assignor shall have no obligation to
prosecute such foreclosure on behalf of Assignee, or to otherwise participate in such
foreclosure, except to the extent that any action on the part of Assignor or any official of Assignor is
required in order to allow Assignee to prosecute or effectuate the foreclosure under RCW 84.64, or to
ratify or confirm any action of Assignee taken in furtherance of the foregoing, as contemplated in the
County Ordinance (as defined in the Notice of Assessment Interest).
Signatures appear on following page
54
IN WITNESS WHEREOF, Assignor has executed this Assignment as of the day and
year first above written.
“ASSIGNOR”
JEFFERSON COUNTY, WASHINGTON
By: ___________
Name: _____
Title: ___________
STATE OF WASHINGTON
ss:
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that _________________________ is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument on
behalf of
___________________________________________________________________________
and to bind the same to the terms and conditions set forth in the instrument. This is the free
and voluntary act and for the uses and purposes mentioned in the instrument.
Dated this _________________________ day of _________________________, 202_.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of
Washington,
residing at
My appointment expires
55
"ASSIGNEE”
\[CAPITAL PROVIDER OR DESIGNEE\]
By:
Name:
Title: ______________________________
STATE OF WASHINGTON
ss:
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that _________________________ is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument on
behalf of
___________________________________________________________________________
and to bind the same to the terms and conditions set forth in the instrument. This is the free
and voluntary act and for the uses and purposes mentioned in the instrument.
Dated this _________________________ day of _________________________, 202_.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of
Washington,
residing at
My appointment expires
56
EXHIBIT A
LEGAL DESCRIPTION
\[INSERT\]
57
Notice of Proposed C-PACER Assessment and
Request for Consent of Lien or Other Obligation Holder to C-PACER Assessment and C-PACER
Lien
Notice Date:
Lien or Other Obligation Holder:
Street:
City/State/Zip Code:
ATTN:
Property/Loan Information:
Address: \[______________________\] (the “Property”)
Loan Number:
Why has the Financial Institution received this notice?
The Property Owner listed below owns the subject Property. Your Financial Institution holds a lien,
mortgage or security interest or other secured encumbrance on the Property.
\[Property Owner\] (the “Property Owner”) wishes to install energy efficiency, water conservation,
renewable energy, and/or resiliency improvements to the property using Commercial Property Assessed
Clean Energy and Resiliency (C-PACER) financing, known as the “C-PACER” Program. The Property
Owner requests your consent for the property to participate in the program.
Background on C-PACER in Washington
Washington law (RCW chapter 36.165) (the “C-PACER Act”) authorizes Washington counties to establish
a C-PACER program in their communities. Capitalized terms used herein, but not defined herein, have the
meaning given to such terms in the C-PACER Act.
C-PACER financing helps stimulate local economies by allowing owners of agricultural, commercial, and
industrial and multi-family properties with 5 or more dwelling units to obtain low-cost, long-term
financing for energy efficiency, renewable energy, and water conservation and resiliency projects.
Jefferson County, where the subject property is located, has established a C-PACER Program within its
jurisdiction for qualifying property owners.
Through the C-PACER Program, the financing for qualifying projects is provided by a private Capital
Provider, and the principal amount is recorded by Jefferson County as a voluntary assessment and lien (“the
C-PACER lien”) on the Property. The annual assessment payments relating to that lien are repaid to, and
collected by, the private Capital Provider, which Capital Provider has the responsibility of administering
58
the Property Owner’s C-PACER obligation. Similar to government-imposed assessments, the C-PACER
obligations remain with a property upon its sale, until the financing is fully repaid, at which point the C-
PACER lien and assessment are retired.
Under RCW chapter 36.165, once consent from pre-existing lien holders and, if applicable, the holders of
certain other obligations, on a property is given, an assessment can be imposed and a C-PACER lien can
be filed. Once filed, this lien moves into a superior position above other obligations, except for property
taxes and qualifying government obligations.
To qualify for C-PACER financing, the proposed project must meet the following basic criteria:
● The property is located in Jefferson County, Washington,;
● The property is an agricultural, commercial, or industrial property, or multi-family property of 5
or more dwelling units;
● The proposed improvements must do at least one of the following: reduce electricity consumption
or demand, increase the production of on-site renewable energy, reduce greenhouse gas
emissions, support the production of clean, renewable energy, reduce water consumption or
demand, reduce lead in potable water and/or increase the resiliency of the property, as defined in
the C-PACER Act;
● The proposed improvement does not include the installation, maintenance, or repair of equipment
that burns fossil fuels.
● The proposed improvements are permanently affixed to the property; and
● The Property Owner receives consent of the current mortgage/lien holder(s).
Why should your Financial Institution consent to the C-PACER Assessment and C-PACER Lien?
1. Property improvements financed through the C-PACER program have public benefits. For a project
to qualify in the County’s C-PACER Program, it must involve the installation of improvements
that provides a public benefit in the form of conserving energy or water resources; reducing
greenhouse gas emissions; reducing lead levels in potable water; or increasing resiliency. Under
the C-PACER program eligibility requirements, a proposed project must include verification by a
qualified and licensed professional certifying that the improvements will provide any of these
public benefits. Qualifying improvements typically enhance property value and improve its
collateral value for the mortgage or other obligatory interests that your Financial Institution holds
in the Property.
2. C-PACER payments do not accelerate. In the event a mortgage holder or lien holder forecloses on
the property for any reason, only the C-PACER payments currently due and in arrears would be
payable, which is likely a relatively small proportion of the total amount financed. In the case of a
default, the entire outstanding principal, interest and penalties of your Financial Institution’s loan
may be accelerated and come due; however, for the C-PACER financing, only the past due amounts
may be collected in a default. The remaining C-PACER financing balance runs with the land and
regular installment payments would be paid by the new property owner.
3. Improvements financed through C-PACER often reduce a property’s operating costs and/or the
potential for catastrophic damage, and they often improve health and comfort of occupants, all of
which make a property more attractive to tenants and future owners.
59
4. Property improvements financed through the C-PACER program align with Jefferson County’s
Climate Action Plans and, potentially, with your institution’s sustainability plans and
commitments, and to shareholder interests.
What should your Financial Institution know?
Property Owner has indicated its intention to apply for C-PACER financing for improvements outlined in
on the Property. The C-PACER financing will be levied on the Property pursuant to an Assessment
Agreement between the Property Owner, the County and Capital provider, and the amount of the C-PACER
financing will be determined by a Financing Agreement between the Property Owner and the private Capital
Provider. The C-PACER financing terms will consist of:
Total cost of improvements:
Total C-PACER financing requested (+/- 5%):
Annual interest rate not to exceed:
Term of repayment:
Total estimated annual C-PACER Payments:
# Payments per year:
As required by the C-PACER Act, Property Owner is sending this Request for Consent of Lien or Other
Obligation Holder to the creation of a C-PACER Assessment and Lien to:
i. provide notice of Property Owner’s proposed participation of the Property in the program;
ii. request confirmation from your Financial Institution (a current mortgage/lien or other obligation
holder) that C-PACER payments will not trigger a default nor the exercise of any remedies under
your current lien or other encumbrance relating to the Property;
iii. provide notice that, due to the requirements under the County’s Assessment Agreement with the
Property Owner and Capital Provider, the C-PACER private Capital Provider financing payments
will be collected in installments that are subject to the same remedies and lien priorities as real
property taxes; and
iv. declare the Property Owner’s agreement to uphold and pay on a timely basis both the existing
obligations to your Financial Institution which are secured by the Property and the proposed C-
PACER installments.
Execution and Return of Consent. The Property Owner would appreciate your executing the attached
Consent Form for the ____ County C-PACER program and returning it to the undersigned at your earliest
convenience.
60
Sincerely,
BY: (signature):
PROPERTY OWNER NAME: \[______________________\]
MAILING ADDRESS (if different than Property address): \[____________________\]
61
ATTACHMENT 8: Certificate of C-PACER Improvements Completion
Property Owner:
Property Address: __________________________________________________________
C-PACER application approval date: __
C-PACER financing closing date: __________________
The undersigned certifies that the work under the above approved C-PACER Application, attached as
Exhibit A hereto, has been satisfactorily and properly completed and all improvements are operating as
intended.
PROPERTY OWNER:
\[INSERT ENTITY NAME, IF APPLICABLE\]
BY:
Signature
Printed Name
Title
62
Exhibit A
C-PACER Application
\[See Attached\]
63