New Jersey § 34:1b-382

§ 34:1b-382.

a. Financing for the implementation of C-PACE projects, including the refinancing

of an investment in an existing improvement that qualifies as a C-PACE project, provided

the existing improvement was completed no more than three years prior to the submission

of an application to the Garden State C-PACE program or local C-PACE program for the

financing, shall be made available to property owners in exchange for a C-PACE assessment

on the property. The C-PACE assessment shall be used to repay the financing. b. The governing body of a county or authorized municipality may apply to a county

improvement authority that issues bonds pursuant to paragraph (3) of subsection (j)

of section 12 of P.L.1960, c. 183 ( C.40:37A-55 ), or, in the case of an authorized municipality, may issue bonds on its own to finance

project costs for C-PACE projects pursuant to a local C-PACE program or the Garden

State C-PACE program. (1) Notwithstanding any other law to the contrary, bonds issued by a participating

municipality shall be authorized and issued by ordinance of the municipality, may

be issued in one or more series on such additional terms, and may be sold at public

or private sale, all as set forth in the ordinance. (2) Bonds issued by a county improvement authority shall be authorized and issued

in the manner set forth in the “county improvement authorities law,” P.L.1960, c.

183 ( C.40:37A-44 et seq. ). (3) Bonds issued by a participating municipality or county improvement authority shall

be non-recourse obligations of the issuer and shall not be considered to be direct

and general obligations of the issuer, or the State of New Jersey or any political

subdivision thereof. Any bonds issued or authorized by a municipality pursuant to P.L.2021, c. 201 ( C.34:1B-374 et al.) shall not be considered gross debt of the municipality on any debt statement

filed in accordance with the “Local Bond Law,” N.J.S.40A:2-1 et seq. (4) Bonds issued by a municipality or county improvement authority pursuant to this

subsection may be backed by one or more C-PACE assessment contracts. c. The authority shall allow capital providers to directly finance project costs for

C-PACE projects, or for such costs to be financed through bond issuance. Any direct financing provided by a capital provider pursuant to P.L.2021, c. 201 ( C.34:1B-374 et al.) shall not be guaranteed or secured by the full faith and credit of any public

entity, including the State of New Jersey or any political subdivision thereof, shall

not be considered to be direct and general obligations of any public entity, including

the State of New Jersey or any political subdivision thereof, shall not be considered

gross debt of any municipality on any debt statement filed in accordance with the

“Local Bond Law,” N.J.S.40A:2-1 et seq. , and shall not be considered “financial assistance” pursuant to section 1 of P.L.1979,

c. 303 ( C.34:1B-5.1 ), except to the extent the authority may provide a guaranty as provided for in subsection

d. of section 4 of P.L.2021, c. 201 ( C.34:1B-377 ). The Garden State C-PACE program and any local C-PACE program shall permit all capital

providers that meet the eligibility requirements established in their program guidelines

to provide financing through the program. d. An authorized municipality or county that has established a local C-PACE program

shall allow capital providers to directly finance project costs for C-PACE projects

under the program. The repayment of any financing provided by a capital provider shall not be guaranteed

or secured by the full faith and credit of any public entity, including the State

of New Jersey or any political subdivision thereof, shall not be considered to be

direct and general obligations of any public entity, including the State of New Jersey

or any political subdivision thereof, shall not be considered gross debt of any municipality

on any debt statement filed in accordance with the “Local Bond Law,” N.J.S.40A:2-1 et seq. , and shall not be considered “financial assistance” pursuant to section 1 of P.L.1979,

c. 303 ( C.34:1B-5.1 ), except to the extent the authority may provide a guaranty as provided for in subsection

d. of section 4 of P.L.2021, c. 201 ( C.34:1B-377 ). e. A property owner who installs a renewable energy system under the Garden State

C-PACE program or a local C-PACE program may also assign or transfer any solar renewable

energy certificates, transition renewable energy certificates, or other renewable

energy certificates or credits that accrue to the property owner from the operation

of the system to the authority, the municipality, the county improvement authority,

other public entity, or the private entity, or capital provider as applicable, which

has financed the C-PACE project. If any solar renewable energy certificates, transition renewable energy certificates,

or other renewable energy certificates or credits are assigned or transferred to a

municipality, county, county improvement authority, other public entity, or private

entity, the municipality, county, county improvement authority, other public entity,

or private entity, or capital provider is authorized to sell, grant, assign, convey,

or otherwise dispose of its interest in the certificates or credits to repay the financing. f. Other than as identified in this section, no public entity, including the State

of New Jersey or any political subdivision thereof, may issue bonds to finance any

C-PACE program, except to the extent the authority may issue bonds pursuant to P.L.1974,

c. 80 ( C.34:1B-1 et seq. ).