Sec. 344.106. - Program Requirements.

C-PACE Administrators shall establish a uniform process for Eligible Participants to apply for participation in the JAX C-PACE program. Any JAX C-PACE program established shall comply with the following standards, at a minimum, and include the following: (a) Application. (1) Data Security. C-PACE Administrators and C-PACE Local Governments shall take security measures to protect the security and confidentiality of consumer records and information to the extent permitted or mandated by law. In addition, a privacy policy must be in place that complies with State and federal law and, in particular, shall provide a property owner the ability to opt-out of having the property owner's information shared with third parties, except where expressly permitted or required by State or federal law. (2) Florida Public Records and Sunshine laws. C-PACE Administrators shall be required to abide by all applicable laws related to public records, and their retention, including those set forth in F.S. Ch. 119. Further, C-PACE Administrators shall ensure that the organization and its employees/directors comply with any requirements of F.S. Ch. 286, regarding open government which apply to their organization. (a) Notices. (1) To Lender. At least 30 days before entering into a financing agreement, the property owner shall provide to the holders or loan servicers of any existing mortgages encumbering or otherwise secured by the property a notice of the owner's intent to enter into a financing agreement together with the maximum principal amount to be financed and the maximum annual assessment necessary to repay that amount. A verified copy or other proof of such notice shall be provided to the C-PACE Local Government and the C-PACE Administrator. (2) To Purchaser. Property owner must comply with F.S. § 163.08(14) regarding providing a written disclosure statement to a prospective purchaser. Failure to provide the notice referenced above in F.S. § 163.08(14) to a purchaser of the property shall have no effect on either the validity of any C-PACE Assessment or any obligation of a property owner. (c) Improvements. (1) All C-PACE Qualifying Improvements shall be properly permitted (where applicable) and must comply with Florida and local codes. (d) Permits. (1) Pre-Performance. Contractors are responsible for obtaining any and all permits required by law for installation of the C-PACE Qualifying Improvements. If a project requires use of sub-contractors or other licensed specialty contractors (i.e. electrical, plumbing, etc.), the general or lead contractor is responsible for verifying that all permits have been obtained for the specialty/sub-contracted work. (e) Contractors. (1) Licensure. As required under F.S. § 163.08(11), and other State and local laws, any contractor constructing or installing a C-PACE Qualifying Improvement shall be properly licensed as a Contractor. (2) Management. Each C-PACE Administrator shall: a. To the extent possible, conduct outreach to and enroll local contractors as Contractors; b. Strictly enforce anti-kickback policies and procedures consistent with federal, State and local law; c. Ensure that all Contractors hold necessary licenses; d. Confirm Contractor qualifications based upon consumer complaints or other indications of lack of compliance; and (f) Financing. The C-PACE Administrator shall do the following: (1) Agreement. After achieving compliance with all other mandated steps provided for by law, including but not limited to receiving a verified copy or other proof of such notice required by F.S. § 163.08(13), the C-PACE Administrator shall coordinate the execution of the C-PACE Financing Agreement, including obtaining the signatures of all applicable parties. Such agreement and supporting documentation referenced within such agreement and attached thereto, must include, at a minimum, the following: a. The full legal description or property address of the property, subject to the C-PACE Assessment. b. The amount of funding, including a breakdown of the estimated costs for the C-PACE Qualifying Improvements, any fees or administrative costs, and the estimated annual assessment figure to be provided to the Eligible Participant. c. Express voluntary consent by the Eligible Participant to accept the voluntary non-ad valorem special assessment collection process, set forth in F.S. § 197.3632, with express consent regarding waiver of published notice and other procedural requirements that are not applicable due to the single property being assessed in every scenario. d. The length of time for the Eligible Participant to pay back the amount financed through the voluntary non-ad valorem special assessment, which shall not exceed 30 years. e. The Eligible Participant shall be responsible for verifying that the C-PACE Qualifying Improvements are completed as reflected in the approved application documents. The Eligible Participant also consents to providing access to the C-PACE Administrator and the C-PACE Local Government to the property to verify that the C-PACE Qualifying Improvements have been completed as proposed in the application. f. At or before the execution of a contract for the sale and purchase of any property against which a voluntary non-ad valorem special assessment for the JAX C-PACE Program has been levied and has an unpaid balance due, the seller shall give the prospective purchaser a notice of the lien in accordance with F.S. § 163.08(14). g. The risks associated with participating in the JAX C-PACE Program shall be clearly disclosed in plain language in the C-PACE Financing Agreement with the Eligible Participant, including risks related to the failure of the Eligible Participant to make payments, the risk that they may not be able to refinance the property or sell the property unless the C-PACE assessment is paid off in full first, and the risk of issuance of a tax certificate and loss of the property pursuant to F.S. Ch. 197. h. Description of the C-PACE Qualifying Improvements, their cost, and, if applicable, the estimated completion date. i. Notice of the voluntary non-ad valorem special assessment for the property shall be recorded in the public records maintained by the Clerk of Courts for Duval County Florida. j. The C-PACE Financing Agreement shall clearly disclose, in plain language, the interest rate to be charged, as well as any and all fees or penalties that may be separately charged to the Eligible Participant, including potential late fees. The subsequent charging or collecting of any additional fees that were not specifically disclosed in the written agreement with the property owner shall be prohibited. k. The C-PACE Financing Agreement shall clearly disclose, in plain language, that Eligible Participants have the right at any time to prepay in whole or in part the C-PACE assessments as further outlined in the financing agreement upon ten days' notice to the C-PACE Administrator. (g) Prohibited Practices. (1) Marketing and Communications. a. Marketing practices for a C-PACE Administrator that are or could appear to be unfair, deceptive, abusive, or misleading, or that violate applicable laws or regulations, that are inappropriate, incomplete or are inconsistent with the C-PACE Administrator's or C-PACE Local Government's purpose are prohibited. b. C-PACE Administrators shall not use facsimiles of the County, City, property appraiser, or tax collector logos in their marketing materials. Marketing materials shall not state that the JAX C-PACE Program: 1. Is a free program; 2. Is a County or City program; 3. Does not involve a financial obligation by the property owner; or 4. Is a form of public assistance. (2) Protected Classes. No C-PACE Administrator, nor Contractor shall discriminate against individuals on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, marital or familial status, age and disability. (h) Reporting. (1) Metrics. After not more than one year from the date of adoption of this ordinance, C-PACE Administrators shall track program metrics and report those metrics to City, through the Mayor's JAX C-Pace Program designee, which is the Chief Administrative Officer, and any participating quasi-municipalities, by jurisdiction and in total, at least quarterly, in spreadsheet format or another electronic format agreed upon by City. Those metrics, if available, shall include, at a minimum: a. Dates of the reporting period; b. List of C-PACE projects (including municipal jurisdiction, financed amount, project cost, interest rate, assessment duration, and project description) started, but not completed, during the reporting period, separated by building type (e.g. retail, office, industrial, etc.); c. List of C-PACE projects (including municipal jurisdiction) completed during the reporting period, separated by building type project (e.g. retail, office, industrial, etc.), specifying: 1. The C-PACE Qualifying Improvements made; 2. Project start date and completion date; 3. At the aggregate level, the projected energy savings and/or amount of potential renewable energy to be generated; 4. At the aggregate level, financial information such as projected energy savings and/or amount of potential renewable energy to be generated; 5. At the aggregate level, other resource savings if data is available; and 6. Energy audits performed detailing the audit results, if applicable to the project; d. Number of applications declined during the reporting period; e. Unresolved complaints and/or contractor issues and status; f. C-PACE Assessment defaults and tax certificates issued on properties subject to C-PACE Assessment (updated annually); and g. All data included in the reports must be developed and collected using standardized and verified principles and methodologies for the industry. The methodologies and supporting assumptions and/or sources must be made available to the City by the C-PACE Administrator. It is the responsibility of the C-PACE Administrator to test and verify the data collection and reporting methods and models used. All reports shall include only aggregate data, excluding any nonpublic personal information. (2) City requests. C-PACE Administrators will respond to City requests for information on the JAX C-PACE Program in a timely manner and shall provide sufficient documentation as requested by the City to ensure that the requirements of this Chapter and the State statutes are being met. The C-PACE Administrator shall retain sufficient books and records demonstrating compliance with the agreement and State and City requirements for a minimum period of seven years from the non-ad valorem assessment and shall allow City representatives including the Council Auditor's Office access to such books and records upon request. (i) Recording. The City, C-PACE Local Government or C-PACE Administrator, as applicable, shall record, or cause to be recorded, the C-PACE Financing Agreement or a Memorandum thereof, in the public records of the Clerk of Courts for Duval County within five days after execution of the C-PACE Financing Agreement, along with appropriate C-PACE Administrator contact information for property owner inquiries. (1) The recorded agreement or summary memorandum of such agreement shall provide constructive notice that the assessment to be levied on the property constitutes a lien of equal dignity to City/County taxes and assessments from the date of recordation. (j) Amendments. City reserves the right to amend this Chapter to revise JAX C-PACE Program standards. It is the obligation of the C-PACE Administrators to remain abreast of and comply with all changes in applicable law, including changes to this ordinance made at public hearings. (Ord. 2021-824-E , § 2)