New Jersey Approves C-PACE Financing For Commercial Projects

DM
Duane Morris LLP

Contributor

Duane Morris LLP, a law firm with more than 800 attorneys in offices across the United States and internationally, is asked by a broad array of clients to provide innovative solutions to today's legal and business challenges.
Earlier this week (i.e., the week of October 7, 2024), the New Jersey Economic Development Authority (NJEDA) Board approved the creation of the Garden State Commercial Property Assessed Clean Energy (C-PACE) Program.
United States New Jersey Energy and Natural Resources

Earlier this week (i.e., the week of October 7, 2024), the New Jersey Economic Development Authority (NJEDA) Board approved the creation of the Garden State Commercial Property Assessed Clean Energy (C-PACE) Program. The program will allow commercial property owners to access a new form of financing to undertake energy efficiency, water conservation, renewable energy, and resiliency upgrades.

Per the NJEDA, the "Garden State C-PACE program will serve as a catalyst for private investment into building decarbonization, renewable energy, and resiliency projects, helping to reduce energy costs and stimulate the economy."

C-PACE enables an owner to invest in its buildings on a non-recourse basis, for 30 year funds tie to the ten year Treasury (not SOFR), with no mortgage or other security.

The Garden State C-PACE Program will allow property owners to repay investments from "Qualified Capital Providers" into eligible projects through a special assessment to a Participating Municipality, similar to the owner's real property tax, sewer, or water bill. The Participating Municipality then remits the payment to the initial capital provider. This form of financing should result in lower-cost, longer-term financing, making it easier for projects to be cashflow-positive from the outset. Municipalities are required to opt-in prior to any project application.

C-PACE programs exist in more than 38 states and have proven to be an effective tool to attract private capital into the renewable energy, energy efficiency, and resiliency markets. To date, according to the non-profit entity PACE Nation, there have been 3,340 C-PACE projects throughout the United States, which have drawn a collective investment of $7.2 billion and have created more than 88,700 job-years.

Per the NJEDA, the Garden State C-PACE Program's Participating Municipality, Qualified Capital Provider, and Qualified Technical Reviewer Intake forms are expected to launch soon, with the project application following shortly thereafter. For more information, including eligibility requirements and program guidelines, visit https://www.njeda.gov/c-pace/ or email Gardenstatecpace@njeda.gov.

Green Spouts: New Jersey finally joins the host of other neighboring states and other states in the US which has approved of C-PACE. This program should help owners and tenants who are doing upgrades or new construction by providing cheaper and more long term financing to projects that can result in loan amounts of approximately 30% of the stabilized value of the project (not the cost of the project but the value of it).

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More