Commission adopts CPACE ordinance to enable commercial energy financing
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Summary
San Juan County adopted Ordinance No. 128 to opt into the state Commercial Property Assessed Clean Energy (CPACE) program created by 2023 legislation, allowing eligible commercial and multifamily property owners to access long-term financing secured by a special assessment lien and administered by a program administrator.
The San Juan County Commission voted to adopt Ordinance No. 128, enacting a Commercial Property Assessed Clean Energy (CPACE) program for eligible commercial, agricultural, industrial and multifamily properties.
County counsel explained the ordinance implements the state CPACE framework established by House Bill 228 (2023), which allows local governments to opt in and enable property owners to obtain long-term, fixed-rate financing for energy efficiency, renewable energy, water efficiency and resilience improvements. The financing would be repaid via a voluntary special assessment collected by the capital provider; the county would not pledge its credit or become liable for the property owner’s debt.
County staff recommended allowing a brief public comment period though none appeared. Eric Christiansen of Adelante Consulting, the proposed program administrator, was reported as participating online; Don Nicolini of Exceptional Health Care was present and clarified that his hospital project expects to treat Medicare and Medicaid patients once CMS conducts a bed-count after licensing and that the facility will absorb billing costs for an initial 60–90 days.
Commissioners noted other New Mexico counties had adopted CPACE ordinances and, after discussion, the commission moved, seconded and approved Ordinance No. 128 by voice vote. The county intends to refer individual applications to the designated program administrator for further processing and execution of assessment agreements, notices, and liens as authorized by the ordinance.
