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2021 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-958.3 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-958.3. Financing clean energy, resiliency, and stormwater management programs.
A. Any locality may, by ordinance, authorize contracts to
provide loans for the initial acquisition and installation of clean energy,
resiliency, or stormwater management improvements with free and willing
property owners of both existing properties and new construction, provided,
however, that such loans may not be used to improve a residential dwelling with
fewer than five dwelling units or a residential condominium as defined in §
55.1-2000. Such an ordinance shall include but not be limited to the
following:
1. The kinds of renewable energy production and distribution facilities, energy usage efficiency improvements, resiliency improvements, water usage efficiency improvements, or stormwater management improvements for which loans may be offered. Resiliency improvements may include mitigation of flooding or the impacts of flooding or stormwater management improvements with a preference for natural or nature-based features and living shorelines as defined in § 28.2-104.1;
2. The proposed arrangement for such loan program, including
(i) a statement concerning the source of funding that will be used to pay for
work performed pursuant to the contracts; (ii) the interest rate and
time period during which contracting property owners would repay the loan; and
(iii) the method of apportioning all or any portion of the costs incidental to
financing, administration, and collection of the arrangement among the
consenting property owners and the locality;
3. (i) A minimum and maximum aggregate dollar amount
that may be financed with respect to a property and, (ii) if a
locality or other public body is originating the loan loans, a
maximum aggregate dollar amount that may be financed with respect to loans
originated by the locality or other public body, and (iii) provisions that
the loan program may approve a loan application submitted within two years of
the locality's issuance of a certificate of occupancy or other evidence that
the clean energy, resiliency, or stormwater management improvements comply
substantially with the plans and specifications previously approved by the
locality and that such loan may refinance or reimburse the property owner for
the total costs of such improvements;
4. In the case of a loan program described in clause (ii) of subdivision 3, a method for setting requests from property owners for financing in priority order in the event that requests appear likely to exceed the authorization amount of the loan program. Priority shall be given to those requests from property owners who meet established income or assessed property value eligibility requirements;
5. Identification of a local official authorized to enter into contracts on behalf of the locality. A locality may contract with a third party for professional services to administer such loan program;
6. Identification of any fee that the locality intends to
impose on the property owner requesting to participate in the loan program to
offset the cost of administering the loan program. The fee may be assessed as
(i) a program application fee paid by the property owner requesting
to participate in the program, (ii) a component of the interest rate on the
assessment in the written contract between the locality and the property owner,
or (iii) a combination of clauses (i) and (ii); and
7. A draft contract specifying the terms and conditions proposed by the locality.
B. The locality may combine the loan payments required by the contracts with billings for water or sewer charges, real property tax assessments, or other billings; in such cases, the locality may establish the order in which loan payments will be applied to the different charges. The locality may not combine its billings for loan payments required by a contract authorized pursuant to this section with billings of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.), unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance.
C. The locality shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this section.
D. In order to secure the loan authorized pursuant to this
section, the locality shall be authorized to place a voluntary special
assessment lien equal in value to the loan against any property where such
clean energy systems, resiliency improvements, or stormwater management
improvements are being installed. The locality may bundle or package said loans
for transfer to private lenders in such a manner that would allow the voluntary
special assessment liens to remain in full force to secure the loans. The
placement of a voluntary special assessment lien shall not require a new
assessment on the value of the real property that is being improved under the
loan program.
E. A voluntary special assessment lien on real property
other than a residential dwelling with fewer than five dwelling units or a
condominium project as defined in § 55.1-2000:
1. Shall have the same priority status as a property tax lien against real property, except that such voluntary special assessment lien shall have priority over any previously recorded mortgage or deed of trust lien only if (i) a written subordination agreement, in a form and substance acceptable to each prior lienholder in its sole and exclusive discretion, is executed by the holder of each mortgage or deed of trust lien on the property and recorded with the special assessment lien in the land records where the property is located, and (ii) evidence that the property owner is current on payments on loans secured by a mortgage or deed of trust lien on the property and on property tax payments, that the property owner is not insolvent or in bankruptcy proceedings, and that the title of the benefited property is not in dispute is submitted to the locality prior to recording of the special assessment lien;
2. Shall run with the land, and that portion of the assessment under the assessment contract that has not yet become due is not eliminated by foreclosure of a property tax lien;
3. May be enforceable by the local government in the same manner that a property tax lien against real property may be enforced by the local government. A local government shall be entitled to recover costs and expenses, including attorney fees, in a suit to collect a delinquent installment of an assessment in the same manner as in a suit to collect a delinquent property tax; and
4. May incur interest and penalties for delinquent installments of the assessment in the same manner as delinquent property taxes.
F. Prior to the enactment of an ordinance pursuant to this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars. The public hearing shall be advertised once a week for two successive weeks in a newspaper of general circulation in the locality.
G. The Department of Mines, Minerals and Energy shall have
the authority to serve as a statewide sponsor for a clean energy financing
program that meets the requirements of this section. The Department of Mines,
Minerals and Energy shall engage a private entity through a competitive
selection process to develop and administer the program.