HomeMy WebLinkAboutord2022-037Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Agenda Bill Master Report
File Number: AB2022-221
File ID: AB2022-221 Version: 1 Status: Adopted
File Created: 03/30/2022 Entered by: CHalka@co.whatcom.wa.us
Department: Council Office File Type: Ordinance Requiring a Public Hearing
Assigned to: Council Final Action: 04/26/2022
Agenda Date: 04/26/2022 Enactment #: ORD 2022-037
Primary Contact Email: chalka@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code Section 16.50.090 to incorporate changes to the
C-PACER Program adopted by the state legislature in RCW 36.165.060
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance amending Whatcom County Code Section 16.50.090 (Collection and Enforcement) to
incorporate changes to the Commercial Property Assessed Clean Energy and Resiliency (C-PACER)
Program adopted by the state legislature in RCW 36.165.060
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
04/12/2022 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
04/26/2022 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Punted on 4/27/2022
Agenda Bill Master Report Continued (AB2022-221)
Attachments: Staff Memo, Proposed Ordinance, Proposed Ordinance - tracked changes
Whatcom County Page 2 Printed on 4/27/2022
PROPOSED BY: DONOVAN
INTRODUCTION DATE: 4/12/22
ORDINANCE NO. 2022-037
AMENDING WHATCOM COUNTY CODE SECTION 16.50.090 (COLLECTION
AND ENFORCEMENT) TO INCORPORATE CHANGES TO THE COMMERCIAL
PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCY (C-PACER)
PROGRAM ADOPTED BY THE STATE LEGISLATURE
WHEREAS, in RCW 36.165.005, the State Legislature granted county
governments in Washington the authority to estab►ish a commercial property
assessed clean energy and resiliency ("C-PACER") program that jurisdictions can
voluntarily implement to ensure that free and willing owners of agricultural,
commercial, and industrial properties and of multifamily residential properties with
five or more dwelling units can obtain low-cost, long term financing; and
WHEREAS, the C-PACER program authorized in RCW 36.165 is consistent with
goals and policies of the Whatcom County Comprehensive Plan and the Whatcom
County Climate Action Plan; and
WHEREAS, on June 29, 2021, Whatcom County Council adopted Ordinance
2021-041 establishing a Whatcom County Commercial Property Assessed Clean
Energy and Resiliency (C-PACER) Program (Whatcom County Code Chapter 16.50);
and
WHEREAS, on March 17, 2022, during the 67t" Legislature's 2022 Regular
Session, Substitute Senate Bill 5862 was signed into law thereby amending RCW
36.165.060; and
WHEREAS, SSB 5862 clarifies responsibilities of capital providers of C-PACER
funds to include billing, collections, and enforcement of delinquent C-PACER liens or
assessment installments; and
WHEREAS, SSB 5862 also authorizes a C-PACER lien to be foreclosed in the
same manner as a mortgage lien rather than in the same manner as delinquent
property taxes; and
WHEREAS, SB5862 also specifies the order in which proceeds of the
foreclosure sale of the property must be applied; and
WHEREAS, Whatcom County Council wishes to amend Whatcom County Code
Section 16.50.090 Collection and Enforcement to bring the county's C-PACER
program into compliance with recent state legislation.
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Code
Section 16.50.090 (Collection and Enforcement) is hereby amended as shown in
Exhibit A to this ordinance.
ADOPTED this 26th day Of April , 2022.
IFE[6d3ii6�
S� N,
HA
COUNTY
Dana BrvS'raor�[pui;''lerk of the Council
APPROVED AS TO FORM:
Karen Frakes (by phone 3/25/2022)
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHAT,aM COUNTY, WASHINGTON
Todd Donovan, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Approved () Denied
p
Satpal Sidhu County Executive
Date Signed:A"A 74�.2AI.i
EXHIBIT A:
16.50.090 Collection and enforcement.
A. The Assessment and C-PACER Lien shall be assigned by the county to the capital
provider at the close of any approved C-PACER financing by the county, as provided
in RCW 36.165.050(3). The C-PACER Lien, as assigned to the Capital Provider shall
maintain the same precedence and priority and characteristics set forth in section
16.50.060 of this chapter.
B. Billing, collection and enforcement of delinquent C-PACER Liens or C-PACER
Financing installment payments, including foreclosure, shall remain the responsibility
of the Capital Provider.
C. Pursuant to the assessment agreement, the C-PACER lien shall be solely enforced
by the capital provider at any time after one year from the date of delinquency, and
may be foreclosed in the same manner as a mortgage lien under chapter 61.12 RCW,
except that no sale of the property shall discharge or in any manner affect the priority
of the C-PACER Lien with respect to installments not yet due and payable at the time
of sale, and no deficiency judgment may be sought by the Capital Provider with
respect to any unpaid assessment at the time of sale. The participation of the county
sheriff in any such foreclosure action shall not be deemed in violation of, or
inconsistent with 36.165.110 RCW limiting the role of the county in the enforcement
of a C-PACER Lien.
D. The Capital Provider may also pursue any other enforcement method authorized
under RCW 36.165, as it may be amended from time to time.