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New Jersey C-PACE Program to Provide Hospitals and Other Healthcare Facilities with New Financing Mechanisms for Renewable Energy and Energy Efficiency Projects

By Barbara J. Koonz on August 23, 2022
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The New Jersey Economic Development Authority (EDA) is expected to soon release regulations implementing the New Jersey Commercial Property Assessed Clean Energy (C-PACE) program, which will apply to commercial and institutional entities including hospitals and medical facilities.

Adopted on August 24, 2021, the C-PACE law establishes a mechanism to finance, among other things, commercial renewable energy projects, energy efficiency initiatives, electric vehicle charging stations, microgrids, power purchase agreements, as well as water efficiency and other authorized improvements where “capital providers” pay the upfront costs of the project and are then repaid through a real property assessment levied by the participating municipality.  Under the program, the municipality assigns to the capital provider the real property assessment through an assignment agreement. A capital provider is defined as including “an accredited investor or qualified institutional buyer” as defined in the applicable federal regulations, as well as commercial lending institutions.

The C-PACE program is expected to be a popular option for healthcare sector and other commercial and institutional properties looking to rehabilitate facilities or adopt clean energy initiatives while seeking to avoid the upfront capital expenditures typically required for such projects. The program will become available once the regulations are adopted and the EDA publishes various required form documents. While the regulations were originally expected to be introduced earlier this summer, they remain pending but are anticipated shortly.

Photo of Barbara J. Koonz Barbara J. Koonz

Managing Partner

Practice Leader | Energy & Renewable Resources

Practice Leader | Data Center Development & Infrastructure

Barbara practices at the intersection of energy, infrastructure, and environmental law. She provides strategic representation to a full spectrum of energy industry stakeholders, from traditional power…

Managing Partner

Practice Leader | Energy & Renewable Resources

Practice Leader | Data Center Development & Infrastructure

Barbara practices at the intersection of energy, infrastructure, and environmental law. She provides strategic representation to a full spectrum of energy industry stakeholders, from traditional power generation and LNG facilities to data center developers and renewable energy investors. As a highly tactical advisor, she seeks to address and mitigate the risks associated with complex projects.

Barbara guides clients through the labyrinth of state and federal environmental permitting, including Clean Air Act (Title V) air compliance, New Jersey Pollutant Discharge Elimination System (NJPDES) and Coastal Area Facility Review Act (CAFRA) approvals. With over three decades of experience, she is a formidable negotiator in enforcement actions involving the EPA, New Jersey Department of Environmental Protection (NJDEP), and the New Jersey Board of Public Utilities (NJBPU), and frequently serves as New Jersey local counsel for national law firms navigating the state’s unique Industrial Site Recovery Act (ISRA) and Environmental Justice (EJ) mandates.

In the renewable sector, Barbara facilitates the development of solar, agrivoltaic, and battery storage facilities. She manages the entire transactional lifecycle, from securing solar development incentives to negotiating interconnection agreements with PJM. Her expertise extends to the “heavy lifting” of infrastructure development, including the drafting of Engineering, Procurement, and Construction (EPC) and Power Purchase Agreements (PPAs) and the acquisition of complex energy rights-of-way.

Barbara also serves as a resource for the solid waste and soil recycling sectors. She provides incisive counsel on the commercial and regulatory complexities of A-901 licensure, helping vendors and investors navigate the rigorous background checks and Certificate of Public Convenience and Necessity (CPCN) requirements essential for operating in New Jersey.

Results may vary depending on your particular facts and legal circumstances.

Contact information:

bkoonz@greenbaumlaw.com | 973.577.1894 | vCard | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

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  • Posted in:
    Environmental and Climate
  • Blog:
    Healthcare Perspectives
  • Organization:
    Greenbaum, Rowe, Smith & Davis LLP
  • Article: View Original Source

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