Context:

• In March 2019, Delaware enacted C-PACE legislation.

Progress:

• In 2020, Delaware closed its first C-PACE project, the 112-year-old DuPont Building in downtown Wilmington. CPA member Greenworks Lending provided $3.9 million in C-PACE financing.

Next Steps:

• Future projects.

Context:

• In January 2020, Honolulu published a C-PACE feasibility study based on CPA research.

Progress:

• CPA organized interested capital providers and law firms. In October 2019, CPA submitted a memo to the Mayor’s Office of Resiliency with suggestions for consideration.

Next Steps:

• Honolulu officials to decide whether to adopt local C-PACE ordinance.
• Kauai island officials asked for CPA’s suggested ordinance language. It is unclear whether a local Honolulu or Kauai coalition exists to sustain the momentum to enact C-PACE.

Context:

• The Governor signed technical fixes to the C-PACE statute in August 2018 and 2019.  IFA documents are available to any locality.

Progress:

• Illinois Energy Conservation Authority (IECA):  CPA member Inland Green Capital formed the IECA to provide open-market access for capital providers in Illinois jurisdictions.
• City of Chicago:  CPA member Counterpointe partnered with Loop Capital to win the RFP as Program Admin.  First transaction closed November 2019.
• DuPage County selected IECA as Program Administrator.  First transactions closed in 3Q 2019.
• Kane County selected IECA as Program Administrator.  Kane County launched in June 2019.  First transaction closed in November 2019.
• Cook County published an RFP for program administrator in 1Q 2019.  CPA brokered a proposal to advance funds to be recovered from program fees.

Next Steps:

• IECA, affiliated with CPA member Inland Green Capital, responded to RFPs for program administration services in Peoria, Will County and McHenry County. CPA sent letters of support.
• Cook County has not selected a PA.

        Context:

• In July 2019, the Governor signed legislation with technical fixes to make the program operable.

Progress:

• MassDevelopment is developing program guidelines and legal documents for comment.

Next Steps:

• The program guidelines are pending with MassDevelopment and Dept of Energy Resources. State government is focused on COVID-19.  No estimate when the guidelines would be available.

        Context:

• A legislator proposes to remove the SIR and contractor guarantee of utility savings.

Progress:

• CPA recommended separating the commercial and residential sections of the bill. CPA wrote a letter of support.

Next Steps:

• It is uncertain if a local coalition exists to sustain the effort.

        Context:

• New Hampshire legislation on the books is not suitable for C-PACE.

Progress:

• In February and March, CPA provided extensive TA to a legislator actively developing a C-PACE bill. The bill was approved in committee, but stalled before reaching a floor vote.

Next Steps:

• It is uncertain if a local coalition exists to sustain the effort

Context:

• As of 2019, New Jersey statute was inoperative due to flaws in its bond provisions. The Governor’s Office has taken an interest in passing legislation to activate C-PACE.

Progress:

• In June 2019, the Senate passed legislation drawing on CPA’s policy paper.
• In January 2020, CPA members agreed on a framework and proposed bill language consistent with its policy.
• At the end of April, the working group wrote a flowchart to explain how a statewide program and a Local PACE program would increase deal flow. The working group reached consensus on proposed bill language.
• CPA members met with a senior legislator in the NJ House who will sponsor the bill.

Next Steps:

• Since then, the COVID-19 crisis has disrupted the regular work of the NJ House and Senate.

The bill sponsor has proposed the C-PACE legislation as an economic recovery measure.

        Context:

• New York City does not participate in the statewide C-PACE program. In April 2019, the Mayor and City Council enacted a C-PACE ordinance and Building Performance legislation that requires commercial buildings to reduce energy consumption over time

Progress:

• CPA submitted its policy paper, Elements of a Well-Designed C-PACE Statute and Program.

Staff commented:

“It’s very helpful to have things described and broken out in an organized manner like this… Please know that we took to heart a number of these points based on previous conversations with you and your partners and are trying to incorporate many of these recommendations…”

• CPA testified in support of C-PACE.
• NYCEEC, the Program Administrator, invited CPA to serve on the advisory working group.

Next Steps:

• The coronavirus is the city’s top priority and therefore progress has stalled on completing the program guidelines. After legal issues are resolved, guidelines will be published for comment.  Several steps remain before the launch of the program.  Timing is likely to extend many months in the future.

Context:

• New York State’s program underperformed due to high fees and legal hurdles in enforcement.

Progress:

• In 2017, the program administrator, Energize NY, invited input.  The capital providers submitted the Elements of a Well-Designed C-PACE Statute and Program.  CPA organized a call with Energize NY’s counsel to discuss how to enforce a C-PACE lien.
• Energize NY invited CPA to join its Advisory Committee.
• In 2019, Energize NY launched the “Open PACE” program, which open to all capital providers charges lower fees.  CPA member firms provided input on legal documents and negotiated an enforcement mechanism for C-PACE assessments.
• First transaction closed by CPA member Counterpointe (Suffolk County).

Next Steps:

• The short legislative calendar expired without voting on EIC’s proposal to authorize C-PACE for new construction. Given the exigencies of COVID-19, economic recovery and the likely action on state budget, a special legislative session is possible.

Context:

• in 2019, OK enacted C-PACE authorizing legislation with assistance from CPA member Twain Financial Partners.

Progress:

• The first two transactions closed at year-end 2019.  PFS served as interim consultant to Tulsa.
• In 2020, Indian Nations Council of Governments (INCOG) engaged PFS (with CPA as a contractor) to draft program guidelines.
• in mid-May, OK Governor signed legislation making technical fixes to the C-PACE statute.

Next Steps:

• INCOG aspires to hire a permanent program aadminstrator this year.

        Context:

• In June 2018, Governor Wolff signed C-PACE legislation.

Progress:

• CPA attended stakeholder meetings in Philadelphia and Harrisburg.
• Sustainable Energy Fund (SEF) SEF engaged Abacus Property Solutions, with CPA as a subcontractor, to consult on program design, guidelines and legal documents. Seven counties have engaged The Sustainable Energy Fund (SEF) as program administrator.
• Philadelphia Energy Authority (PEA) collaborated with SEF to develop a Philadelphia C-PACE program. In July 2019, the Mayor signed legislation consistent with CPA policy. In November 2019, PEA published program guidelines.

Next Steps:

• Allegheny County adopted an ordinance and issued an RFP for a program administrator. CPA sent a letter of support for SEF’s bid.

Context:

• Through 2019, only Arlington County had implemented a C-PACE program, but no transactions have closed due to uncertainty about enforceability.

Progress:

• Fairfax County: In December 2018, staff asked CPA to convene stakeholders to comment on the County’s draft ordinance.  The staff commended the “highly professional” letter.  Fairfax approved the C-PACE ordinance including all stakeholder suggestions.  Fairfax selected the Virginia PACE Authority as Program Administrator in November 2019.
• Loudoun County:  CPA testified in support of C-PACE in January 2019.  The ordinance was approved in February.  Loudoun chose Virginia PACE Authority as Program Admin in August.
• Norfolk City:  In May, the City adopted C-PACE financing.
• Fredericksburg City Council approved C-PACE ordinance with input from CPA member Hirschler Law Firm in November 2018.
• Virginia PACE Authority:  CPs provided seed funding.  VPA then raised $350,000 from a local foundation and from the State.  In August, Petersburg signed VPA to the same arrangement.

Next Steps:

• Technical legislation amendments signed in Dec 2019 added resiliency as an authorized use of C-PACE and authorized the VA Dept of Mines, Minerals, and Energy to develop model statewide program rules. When funding is available, DMME will issue an RFP seeking assistance drafting sample program guidelines.

Context:

• The Governor signed C-PACE authorizing legislation on March 18.

Progress:

• Alex Winn and CPA member Michael Yaki helped negotiate a bill that assigns billing, collecting, and enforcing responsibility to CPs. The Dept of Commerce was empowered to write model program guidelines, however funds were not appropriated due to COVID-19 priorities.
• Individual counties may create a C-PACE program if the Department of Commerce does not. Four counties expressed interest.

Next Steps:

• CPA has drafted a model County ordinance and template transaction documents. CPA shared the documents with the WA stakeholder group for feedback. Legal review of the transaction documents.
• Decision on possible cross-county collaboration.
• Recruit individual counties to adopt the ready-to-go model.

Oregon; Georgia; Michigan; Maine; Nevada; Delaware; N Carolina; Tennessee; Texas; Wisconsin.