Amend the bill, as and if amended, page 4, by striking lines 21-43, and page 5, by striking lines 1-34, and inserting:
/ Section 6-39-40. An ordinance authorizing the creation of a district pursuant to Section 6-39-30 must:
(1) require a description of the scope or limitations of qualifying clean energy improvements to be considered under the ordinance;
(2)(a) require that, as part of the agreement subject to Sections 6-39-50 and 6-39-60, the owner of qualifying real property shall have an energy audit performed by a third party on the qualifying real property considered for clean energy improvements. The energy audit must:
(i) be commensurate to the investment of the clean energy improvements;
(ii) be conducted by an energy auditor certified by the Building Performance Institute or a similar organization; and
(iii) provide an estimate of the costs of the proposed energy efficiency and conservation measures and the expected savings associated with the measures and further recommend measures appropriately sized for the specific use contemplated.
(b) An agreement entered into following completion of an energy audit shall specify the measures to be completed and the contractor responsible for completion of the measures. The choice of contractor to perform the work must be made by the property owner. Upon completion of the work, such work must be inspected by an energy auditor certified by the Building Performance Institute or a similar organization. Any work that is determined to have been done improperly or to be inappropriately sized for the intended use must be remedied by the responsible contractor;
(3) require clean energy improvements to adhere to the requirements of Article 23, Chapter 27, Title 58 and Chapters 37, 39, and 40 of Title 58;
(4) require applicants to provide documentation of approval for proposed technologies and improvements by all historical and architectural review boards with jurisdiction over the qualifying real property;
(5) provide that the owner of the qualifying real property, who is subject to a mortgage, must obtain written consent from the mortgage holder before participating in the C PACE program;
(6) provide a methodology for the imposition, apportionment, adjustment, and termination of the assessment under Section 6-39-60;
(7) require that the term of the assessment under Section 6-39-60 must not exceed the weighted average of the useful life of the clean energy improvements installed and in no instance be for more than twenty years from the date of the initial assessment;
(8) provide that payments and assessments shall not be accelerated due to a default and further provide that a tax delinquency exists only for C PACE assessments not paid when due;
(9) require that liability for assessments related to the financing of clean energy improvements remains with the qualifying real property;
(10) impose requirements and conditions on financing arrangements to ensure timely repayment;
(11) require that qualifying real property must be current on property tax and assessment payments and further require that a property owner must not be in foreclosure or have any involuntary liens, defaults, or judgments applicable to the subject qualifying real property; and
(12) require that the total project cost for real property clean energy improvements must not be less than $100,000. /
Amend the bill further, as and if amended, page 8, by striking lines 23-41 and inserting:
/ Section 6-39-90. Clean energy improvements may be financed in the following manner:
(1) with funds provided directly by a bank or other financial institution or lender pursuant to a contract between the owner, the governing body, and the lender, setting forth terms for the repayment of the funds and remedies in the event of a delinquency or default; or
(2) with any other legally available funds. /
Amend the bill further, as and if amended, page 9, by striking lines 29-31 and inserting:
/ Section 6-39-130. The aggregate savings generated by the clean energy improvements must be equal to or exceed the amount invested in clean energy improvements.
Section 6-39-140. Nothing contained in this chapter shall be construed to conflict with Article 23, Chapter 27, Title 58 or Chapters 37, 39, and 40 of Title 58." /
Renumber sections to conform.
Amend title to conform.