Commercial property-assessed clean energy (C-PACE) lending is available in at least 38 states and is becoming a popular financing option for borrowers desiring financing for "green" energy projects designed to increase energy efficiency and renewable energy solutions.

C-PACE lending allows qualifying property owners to finance the upfront costs of eligible green energy projects at a fixed rate via a credit facility that is non-recourse to the borrower and typically cannot be accelerated. In states that permit C-PACE financing, such financing is typically available for a wide variety of real estate types, including:

  • hospitality;
  • retail;
  • industrial;
  • multifamily; and
  • mixed-use.

Such financing can often be used to finance the purchase and construction of:

  • seismic and resiliency systems;
  • heating, ventilation, cooling and air-conditioning equipment;
  • solar photovoltaics;
  • roofing;
  • plumbing; and
  • other eligible projects.

The C-PACE lending environment is constantly evolving, as states and local municipalities continue to pass enabling legislation and develop new C-PACE programmes. Accordingly, there are open questions, particularly pertaining to super-priority lien status of C-PACE loans to mortgage lenders and the nature of foreclosure protections for C-PACE borrowers. Property owners are also advised to consult any existing property financing documents prior to entering into a C-PACE loan, as many lenders do not permit such financing without mortgage lender consent.

For further information on this topic, please contact Marcus Benning at Seyfarth by telephone (+1 (404) 885-1500) or email ([email protected]). The Seyfarth website can be accessed at‚Äč www.seyfarth.com.