Title 68, Health, Safety and Environmental Protection

(a) To establish a C-PACER program under this chapter, the local government must act in the following order:(1) Adopt a resolution of intent that includes:(A) A finding that the financing of qualified projects through special assessments is a valid public purpose;(B) A statement …

(1) The terms of a program established pursuant to § 68-205-105(a)(3) must include:(1) Appropriate eligibility factors, including certification by the property owner that:(A) The property owner requesting to participate in the program:(i) Is the legal owner of the benefited prope…

(a) A program must establish a C-PACER application and review process to evaluate project applications for C-PACER financing. The program must prescribe the form and manner of the application. At a minimum:(1) An applicant must demonstrate that the project provides a benefit to t…

The proposed financing agreement for financing a qualified project may authorize the property owner to directly purchase the related equipment and materials for the installation or modification of a qualified improvement.

(a) A local government that authorizes financing through special assessments under this chapter shall:(1) File a written Notice of Assessment and C-PACER lien in the records of the office of the county register of deeds of the county in which the property is located. The notice m…

(a) Except as otherwise provided in subsection (e), a special assessment that complies with § 68-205-103, and any interest or penalties on the assessment:(1) Is a first and prior lien against the commercial property on which the assessment is imposed, from the date on which the n…

The local government may contract with another local governmental entity, including a county assessor of property, to perform the duties of the local government relating to the billing, collection, enforcement, and remittance of special assessments imposed pursuant to this chapte…

(a) A combination of local governments may agree to jointly implement or administer a program under this chapter. (b) If two (2) or more local governments implement a program jointly, then a single public hearing held jointly by the cooperating local governments is sufficient to …

(1) A local government that establishes a region shall not:(1) Make the issuance of a permit, license, or other authorization from the local government to a person who owns property in the region contingent on the person entering into a written contract to repay the financing of …

Residential property consisting of four (4) or fewer dwelling units does not qualify for financing under the C-PACER program.

The state, a county, or local government shall not use public funds to fund or repay a loan between a capital provider and property owner. This chapter does not pledge, offer, or encumber the full faith and credit of a local government. A local government shall not pledge, offer,…

Notwithstanding this chapter to the contrary, prior to approval of financing on a leasehold owned by this state or a local government, but leased to a privately owned entity as described in § 68-205-102(2)(C), the consent of this state or the local government must be obtained. A …