2022-176-Ordinance Recorded 5/6/2022REVIEWED
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LEGAL COUNSEL
Recorded in Deschutes County
Steve Dennison, County Clerk
Commissioners' Journal
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2022-176
CJ2022-176
05/06/2022 4:18:10 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Enacting Section 4.35 of the
Deschutes County Code. * ORDINANCE NO. 2022-005
WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through
ordinance by Deschutes County and the Deschutes County Board of Commissioners; and
WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the
DCC; and
WHEREAS, County staff has identified ongoing and significant issues concerning financing
opportunities for commercial properties within Deschutes County wherein the proposed development seeks to
enhance county goals including those associated with increased energy and water conservation and
improvement of structures against seismic damage; and
WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed public hearing on April 20, 2022, and concluded that the public will benefit from the proposed
enactment of section 4.35 of DCC; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as
follows:
Section 1. ENACTMENT. The identified new section 4.35 of the DCC, as fully appearing in Exhibit A
is enacted as provided in Section 2.
PAGE 1 OF 2 - ORDINANCE NO.2022-005
Section 2. EFFECTIVE DATE. This Ordinance takes effect on the 90" day after the date of adoption.
Dated this of 2022
1 /
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
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PA TI ADAIR, Chair
ANTHONY DeBONE, Vice Chair
PHIL CHANG, Commissioner
Date of 1st Reading: day of 0210-j '2022.
Date of 2"d Reading: day o 2022.
Record of option Vote
Commissioner
Patti Adair
Phil Chang
Anthony DeBone
Yes No Abstained Excused
X
Effective date: day of , 2022.
PAGE 2 OF 2 - ORDINANCE NO.2022-005
EXHIBIT A (to Ordinance No. 2022-005)
Chapter 4.35 COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY PROGRAM (CPACE)
4.35.010 Short Title.
4.35.020 Purpose and Scope.
4.35.030 Definitions.
4.35.040 Benefit Assessment Liens.
4.35.050 Enforcement of CPACE Benefit Assessment Liens.
4.35.010 Short Title.
DCC 4.35 shall be known as the Deschutes County CPACE Ordinance and may be so cited and pleaded.
[Ord. 2022-005 § 1, 2022.]
4.35.020 Purpose and Scope.
The purpose and scope of this chapter is to establish lien security and collection procedures for
approved CPACE loans.
[Ord. 2022-005 § 1, 2022.]
4.35.030 Definitions.
As used in this section, unless the context requires otherwise, the following terms and their derivations
shall be the meanings provided below:
A. "Acts" means ORS 223.680 and ORS 223.685.
B. "Benefit Assessment Lien" means the special assessment lien levied against the Qualifying Real
Property securing CPACE financing, pursuant to ORS 223.680(7)(a) and ORS 223.685(6)(a).
C. "Building Resiliency Improvements" means those certain Utility and Seismic Rehabilitation
improvements to the Qualifying Real Property that meet the requirements of the Acts and
program guide.
D. "Clean Energy" means energy that comes from renewable, zero emission sources that do not
pollute the atmosphere when used, as well as energy saved by energy efficiency measures.
E. "Deschutes County CPACE Program" means the program provided for under the Acts for the
financing and construction of Building Resiliency Improvements on Qualifying Real Property.
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Chapter 4.35 (08/2022)
F. "Pollutants" means any substance that contaminates air, soil, or water and that in sufficient
concentrations contributes to undermining public health.
G. "Qualifying Real Property" means the real property that qualifies to receive CPACE financing for
Building Resiliency Improvements under the Deschutes County CPACE program.
H. "Recorder" means the Deschutes County Clerk.
I. "Renewable Energy" means clean energy that comes from natural sources or processes that are
constantly replenished.
J. "Seismic Rehabilitation" means improvements to Qualifying Real Property that are (a) intended
to reduce or prevent harm to persons and property due to the effects of seismic activity on the
Qualifying Real property; and (b) authorized by the County or its designee.
K. "Treasurer" means the elected position (typically the appointed Chief Financial Officer for
Deschutes County), designated pursuant to ORS 223.505(3) to take all steps necessary to
enforce delinquent liens and to maintain records pertaining to collection proceedings thereon.
L. "Utilities Improvements" means improvements to Qualifying Real Property for any of the
following purposes: (a) energy efficiency; (b) renewable energy; (c) energy storage; (d) smart
electric vehicle charging stations; (e) water efficiency.
[Ord. 2022-005 § 1, 2022]
4.35.040 Benefit Assessment Liens.
A. Benefit Assessment Liens shall be entered into the County lien docket.
B. Pursuant to ORS 223.680(7)(a), Benefit Assessment Liens shall have the same priority, as determined
under ORS 223.230(3), as a lien for assessments for local improvements arising under ORS 223.393.
[Ord. 2022-005 § 1, 2022.]
4.35.050 Enforcement of CPACE Benefit Assessment Liens.
A. If any installment on any Benefit Assessment Lien bonded is delinquent for a period of one-year
from the time it became due and payable, or at any time after 60-days from the time it became
due and payable if not bonded, the recorder may thereafter prepare and transmit to the
Treasurer a list in tabular form, made up from the lien docket, describing each Benefit
Assessment Lien or installment due on any Benefit Assessment Lien that is so delinquent. The
list shall also contain the name of the person to whom assessed, a particular description of the
property, the amount of the Benefit Assessment Lien or installment due, and any other facts
necessary to be given.
B. The Treasurer or its designee may take all steps necessary to enforce delinquent Benefit
Assessment Liens and maintain records pertaining to those enforcement proceedings pursuant
to the procedure set forth in ORS 223.505 to ORS 223.650, including collecting unpaid Benefit
Assessment Liens or installments by advertising and selling the Qualifying Real Property in the
manner provided in ORS 223.505 to ORS 223.650.
Chapter 4.35 (08/2022)
C. When an individual/entity purchases real property at a foreclosure sale under ORS 223.505 to
ORS 223.590, if, with the written preapproval of the Treasurer or its designee, that purchaser
incurs costs for maintaining or improving the property during the period allowed for redemption
and if the property is subsequently redeemed, the Treasurer or its designee may return up to all
of the penalty paid by the person redeeming the property to the purchaser.
[Ord. 2022-005 § 1, 2022.]
Chapter4.35 (08/2022)
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BOARD OF
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MEETING DATE: May 4, 2022
SUBJECT: Second Reading and Adoption of CPACE Ordinance
RECOMMENDED MOTION:
Move Second Reading, by title only, of'Ordinance No. 2022-005, An Ordinance Enacting
Section 4.35 of the Deschutes County Code.
Move approval of Ordinance No. 2022-005, An Ordinance Enacting Section 4.35 of the
Deschutes County Code.
BACKGROUND AND POLICY IMPLICATIONS:
On April 20, 2022 the Board held a public hearing on the CPACE (Commercial Property
Assessed Clean Energy) resolution and ordinance. At the conclusion of the hearing, the
Board approved the CPACE resolution. The Board also approved first reading of the CPACE
Ordinance, No. 2022-005 (attached).
The Board directed staff to schedule second reading and adoption of the ordinance on May
4, 2022.
BUDGET IMPACTS:
TBD
ATTENDANCE:
Erik Kropp, Deputy County Administrator