Utah § 42a-106 - C-PACE district established -- OED to direct and administer C-PACE district.
Full text of Utah Utah Code § 42a-106 — C-PACE district established -- OED to direct and administer C-PACE district., with citation guidance and answers to common questions.
§ 42a-106. C-PACE district established -- OED to direct and administer C-PACE district.
Effective 3/28/2017 11-42a-106.
C-PACE district established -- OED to direct and administer C-PACE district.
(1)
There is created the C-PACE district.
(2)
The C-PACE district may, subject to Subsection (3):
(a)
designate an energy assessment area;
(b)
levy an assessment;
(c)
assign an energy assessment lien to a third-party lender; and
(d)
collect an assessment within an energy assessment area in accordance with Section 11-42a-302.
(3)
(a)
The C-PACE district may only take the actions described in Subsection (2) if a governing body makes a written request of the C-PACE district to, in accordance with this chapter:
(i)
create an energy assessment area within the jurisdiction of the governing body; and
(ii)
finance an improvement within that energy assessment area.
(b)
Before creating an energy assessment area under Subsection (3)(a), the C-PACE district shall enter into an agreement with the relevant public electrical utility to establish the scope of the improvement to be financed.
(4)
(a)
OED shall administer and direct the operation of the C-PACE district.
(b)
OED may:
(i)
adopt a fee schedule and charge fees, in accordance with Section 63J-1-504, to cover the cost of administering and directing the operation of the C-PACE district;
(ii)
delegate OED's powers under this chapter to a third party to assist in administering and directing the operation of the C-PACE district; and
If OED delegates OED's power under Subsection (4)(b)(ii), OED shall:
(i)
delegate the authority through a written agreement with the third party; and
(ii)
ensure that the written agreement includes provisions that:
(A)
require the third party to be subject to an audit by the state auditor regarding the delegation;
(B)
require the third party to submit to OED monthly reports, including information regarding the assessments the C-PACE district levies and the payments the C-PACE district receives; and
(C)
insulate OED from liability for the actions of the third party and the C-PACE district while under the direction and administration of the third party.
The state is not liable for the acts or omissions of the C-PACE district or the C-PACE district's directors, administrators, officers, agents, employees, third-party directors or administrators, or third-party lenders, including any obligation, expense, debt, or liability of the C-PACE district.
Section 42a-106 ("C-PACE district established -- OED to direct and administer C-PACE district.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 42a-106?
A common citation format is "Utah Code § 42a-106" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 42a-106 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
