[HISTORY: Adopted by the Town Council of the Town of Sanford 6-7-2011. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 90.
This chapter shall be known and may be cited as "the Town of
Sanford Property Assessed Clean Energy (PACE) Ordinance" (the "ordinance")."
By and through this chapter, the Town of Sanford declares as
its public purpose the establishment of a municipal program to enable
its citizens to participate in a property assessed clean energy ("PACE")
program so that owners of qualifying property can access financing
for energy-saving improvements to their properties located in the
Town. The Town declares its purpose and the provisions of this chapter
to be in conformity with federal and State laws.
The Town enacts this chapter pursuant to Public Law 2009, Chapter
591 of the 124th Maine State Legislature, "An Act to Increase the
Affordability of Clean Energy for Homeowners and Businesses," also
known as "the Property Assessed Clean Energy Act" or "the PACE Act"
(codified at 35-A M.R.S.A. § 10151 et seq.).
Except as specifically defined below, words and phrases used
in this chapter shall have their customary meanings; as used in this
chapter, the following words and phrases shall have the meanings indicated:
An improvement to qualifying property that is new and permanently
affixed to qualifying property and that:
Will result in increased energy efficiency and substantially
reduced energy use and:
Meets or exceeds applicable United States Environmental Protection
Agency and United States Department of Energy Energy Star Program
or similar energy-efficiency standards established or approved by
the Trust; or
Involves air sealing, insulating, and other energy-efficiency
improvements of residential, commercial or industrial property in
a manner approved by the Trust; or
Involves a renewable energy installation or an electric thermal
storage system that meets or exceeds standards established or approved
by the Trust.
The Town of Sanford.
An agreement between the owner of qualifying property and
the Trust that authorizes the creation of a PACE mortgage on qualifying
property and that is approved in writing by all owners of the qualifying
property at the time of the agreement, other than mortgage holders.
An assessment made against qualifying property to repay a
PACE loan.
The area within which the municipality establishes a PACE
program hereunder, which is all that area with the municipality's
boundaries.
A loan, secured by a PACE mortgage, made to the owner(s)
of a qualifying property pursuant to a PACE program to fund energy-saving
improvements.
A mortgage securing a loan made pursuant to a PACE program
to fund energy-saving improvements on qualifying property.
A program established under State statute by the Trust or
a municipality under which property owners can finance energy-saving
improvements on qualifying property.
Real property located in the PACE district of the municipality.
A fixture, product, system, device or interacting group of
devices installed behind the meter at a qualifying property, or on
contiguous property under common ownership, that produces energy or
heat from renewable sources, including but not limited to photovoltaic
systems, solar thermal systems, biomass systems, landfill gas to energy
systems, geothermal systems, wind systems, wood pellet systems and
any other systems eligible for funding under federal qualified energy
conservation bonds or federal clean renewable energy bonds.
The Efficiency Maine Trust established in 35-A M.R.S.A § 10103
and/or its agent(s), if any.
A.
The municipality hereby establishes a PACE program allowing owners
of qualifying property located in the PACE district who so choose
to access financing for energy-saving improvements to their property
through PACE loans administered by the Trust or its agent.
B.
PACE loan funds are available from the Trust in municipalities that:
(1)
Adopt a PACE ordinance;
(2)
Adopt and implement a local public outreach and education plan;
(3)
Enter into a PACE administration contract with the Trust to establish
the terms and conditions of the Trust's administration of the
municipality's PACE program; and
(4)
Agree to assist and cooperate with the Trust in its administration
of the municipality's PACE program.
In addition, the municipality may from time to time amend this
chapter to use any other funding sources made available to it or appropriated
by it for the express purpose of its PACE program, and the municipality
shall be responsible for administration of loans made from those other
funding sources.
If the Trust adopts standards, promulgates rules, or establishes
model documents subsequent to the municipality's adoption of
this chapter and those standards, rules or model documents substantially
conflict with this chapter, the municipality shall take necessary
steps to conform this chapter and its PACE program to those standards,
rules, or model documents.
A.
Pursuant to 35-A M.R.S.A. § 10154, Subdivisions 2(A)(2)
and 2(B), the municipality will enter into a PACE administration contract
with the Trust to administer the functions of the PACE program for
the municipality. The PACE administration contract with the Trust
will establish the administration of the PACE program, including,
without limitation, that:
(1)
The Trust will enter into PACE agreements with owners of qualifying
property in the municipality's PACE district;
(2)
The Trust, or its agent, will create and record a notice of the PACE
agreement in the appropriate County Registry of Deeds to create a
PACE mortgage;
(3)
The Trust, or its agent, will disburse the PACE loan to the property
owner;
(4)
The Trust, or its agent, will send PACE assessment statements with
payment deadlines to the property owner;
(5)
The Trust, or its agent, will be responsible for collection of the
PACE assessments;
(6)
The Trust, or its agent, will record any lien, if needed, due to
nonpayment of the assessment;
(7)
The Trust, or its agent, on behalf of the municipality, promptly
shall record the discharges of PACE mortgages upon full payment of
the PACE loan.
B.
In conjunction with adopting this chapter, the municipality shall
adopt and implement an education and outreach program so that citizens
of the municipality are made aware of home energy-saving opportunities,
including the opportunity to finance energy-saving improvements with
a PACE loan.
C.
The municipality will assist and cooperate with the Trust in its
administration of the municipality's PACE program.
D.
PACE assessments do not constitute a tax but may be assessed and
collected by the Trust in any manner determined by the Trust and consistent
with applicable law.
A.
Notwithstanding any other provision of law to the contrary, municipal
officers and municipal officials, including, without limitation, tax
assessors and tax collectors, are not personally liable to the Trust
or to any other person for claims, of whatever kind or nature, under
or related to a PACE program, including, without limitation, claims
for or related to uncollected PACE assessments.
