By and through this chapter, the City of Bangor 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
City. The City declares its purpose and the provisions of this chapter
to be in conformity with federal and state laws.
The City 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.).
This chapter shall be known and may be cited as the "City of
Bangor Property Assessed Clean Energy (PACE) Ordinance" (the "Ordinance").
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:
ENERGY-SAVING IMPROVEMENT
An improvement to qualifying property that is new and permanently
affixed to qualifying property and that:
A.
Will result in increased energy efficiency and substantially
reduced energy use and:
(1)
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
(2)
Involves air sealing, insulating, and other energy efficiency
improvements of residential, commercial or industrial property in
a manner approved by the Trust; or
B.
Involves a renewable energy installation or an electric thermal
storage system that meets or exceeds standards established or approved
by the Trust.
PACE AGREEMENT
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.
PACE ASSESSMENT
An assessment made against qualifying property to repay a
PACE loan.
PACE DISTRICT
The area within which the City establishes a PACE program
hereunder, which is all that area within the City's boundaries.
PACE LOAN
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.
PACE MORTGAGE
A mortgage securing a loan made pursuant to a PACE program
to fund energy-saving improvements on qualifying property.
PACE PROGRAM
A program established under state statute by the Trust or
a municipality under which property owners can finance energy-saving
improvements on qualifying property.
RENEWABLE ENERGY INSTALLATION
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.
TRUST
The Efficiency Maine Trust established in 35-A M.R.S.A. § 10103
and/or its agent(s), if any.
If the Trust adopts standards, promulgates rules, or establishes
model documents subsequent to the City's adoption of this chapter,
and those standards, rules or model documents substantially conflict
with this chapter, and the City desires to continue its participation
in the PACE program, the City shall take necessary steps to conform
this chapter and its PACE program to those standards, rules, or model
documents. Should the City terminate its participation in the PACE
program, those PACE loans already secured by PACE mortgages as of
the date of termination of the City's PACE administration contract
with the Trust shall continue to be administered by the Trust. Should
the City so elect, said PACE loans shall be administered by the Trust
under the standards, rules, and model documents prevailing before
the standards, rules, and model documents substantially conflicting
with this chapter were adopted.
Should the City desire to terminate its participation in the PACE program, it shall do so by Council order. The PACE loans in existence at the time of termination shall continue in existence as outlined in §
221-6 above.