Indiana 2023 Regular Session

Indiana Senate Bill SB0411

Introduced
1/19/23  

Caption

Commercial property assessed clean energy program.

Impact

The ramifications of SB0411 are significant for state laws regarding property taxation and local governance. By empowering local units to implement the PACE Program, the bill facilitates municipalities' responses to energy challenges while aligning with state-wide goals for sustainability. Local governments can determine the scope and structure of the programs under their jurisdiction, providing a flexible approach to energy financing. Additionally, the special assessment used to finance the energy improvements creates a legally binding lien on the properties, ensuring that the repayment obligations are clear and enforceable.

Summary

Senate Bill 0411 establishes a Commercial Property Assessed Clean Energy (PACE) Program in Indiana. This program provides a financing mechanism for commercial property owners to implement energy-efficient improvements. The bill allows local units such as counties, cities, and towns to adopt ordinances to set up these PACE programs. The financing for energy improvements will be facilitated through a special tax assessment on the property, which is voluntary and requires the consent of all property owners as well as any mortgage lien holders. This funding structure aims to promote energy efficiency in commercial properties across the state.

Contention

While supporters argue that the bill enhances energy efficiency and supports local economies, opponents may raise concerns regarding the implications of such financing on tax liabilities and property values. The requirement for all owners and lien holders to consent to the special assessment could be contentious, particularly if property owners feel pressured to comply with program requirements. Furthermore, provisions in the bill that restrict local governments' liability and prohibit the issuance of bonds secured by tax revenue may limit local financial flexibility, raising questions about possible limitations on future project funding.

Companion Bills

No companion bills found.

Previously Filed As

IN SB0051

Commercial property assessed capital expenditure program.

IN S0256

Commercial Property Assessed Clean Energy Programs (C-PACE)

IN H3812

Commercial Property Assessed Clean Energy Programs (C-PACE)

IN HF3946

Commercial property assessed clean energy program modified.

IN HB576

Relative to administration of a commercial property assessed clean energy (C-PACE) program in a clean energy efficiency and clean energy district.

IN SF3535

Commercial property assessed clean energy program modification

IN SB4

Relative to commercial property assessed clean energy and resiliency (C-PACER).

IN HB450

Relative to commercial property assessed clean energy and resiliency (C-PACER)

IN HB1325

Local governments; additional powers, Commercial Property Assessed Clean Energy financing programs.

IN HB1819

Commercial Property Assessed Clean Energy (C-PACE); changes to financing program, definitions.

Similar Bills

HI HB2088

Relating To Financing.

HI SB2727

Relating To Condominiums.

HI HB2801

Relating To Commercial Property Assessed Financing.

CA SB1103

Tenancy of commercial real properties: agreements: building operating costs.

CT HB06967

An Act Concerning The Assignment Of Post-loss Homeowners And Commercial Property Insurance Benefits And Revising Disclosure Requirements For Home Improvement Contractors And Salespersons.

CA SB1174

Commercial real estate: disclosures.

MA H306

To guarantee a commercial tenant’s first right of refusal

IN SB0051

Commercial property assessed capital expenditure program.