[HISTORY: Adopted by the City Council of the City of Saco 12-6-2010. Amendments
noted where applicable.]
GENERAL REFERENCES
Building energy conservation — See Ch. 74.
A.
By and through this chapter, the City of Saco 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.
B.
Enabling legislation. The City enacts this chapter pursuant to 35-A
M.R.S.A. § 10151, et seq.
A.
This chapter shall be known and may be cited as the "City of Saco
Property Assessed Clean Energy (PACE) Ordinance" (the Ordinance).
B.
ENERGY-SAVING IMPROVEMENT
(1)
(a)
(b)
(2)
MUNICIPALITY
PACE AGREEMENT
PACE ASSESSMENT
PACE DISTRICT
PACE LOAN
PACE MORTGAGE
PACE PROGRAM
QUALIFYING PROPERTY
RENEWABLE ENERGY INSTALLATION
TRUST
Definitions. 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 City of Saco.
An agreement between the owner of qualifying property and
the municipality 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 within 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-savings
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.
Establishment; funding. The City of Saco 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. PACE loan funds may come from
a variety of sources. To the extent that PACE loan funds are made
available from the Trust, these are made available in municipalities
that:
(1)
Adopt a PACE ordinance;
(2)
Adopt and implement a local public outreach and education plan;
(3)
Administer the functions of a PACE program, including, but not limited
to, entering into PACE agreements with owners of qualifying property
and collecting PACE assessments, all in accordance with the PACE Act
and the Trust's rules and regulations; and
(4)
Require that participants in the PACE program comply with requirements
for the Home Energy Savings Program administered by the Trust.
B.
Amendment to PACE program. In addition, the City of Saco 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.
A.
Standards adopted; rules promulgated; model documents. If the Trust
or other state or federal agency 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/or with the City's manner of participation
in the PACE program, the City shall take necessary steps to conform
this chapter and/or its manner of participation in the PACE program
to those standards, rules, or model documents.
A.
Program administration.
(1)
PACE administration. The municipality will administer its PACE program
pursuant to and consistent with the PACE Act, 35-A M.R.S.A. § 10151,
et seq. The City's administration of its PACE program shall include
the following:
(a)
The City will enter into PACE agreements with owners of qualifying
property in the City's PACE District;
(b)
The City, 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;
(c)
The City, or its agent, will disburse the PACE loan to the property
owner;
(d)
The City, or its agent, will send PACE assessment statements
with payment deadlines to the property owner;
(e)
The City, or its agent, will be responsible for collection of
the PACE assessments;
(f)
The City, or its agent, will record any lien, if needed, due
to nonpayment of the PACE assessment;
(g)
The City, or its agent on behalf of the City, promptly shall
record the discharges of PACE mortgages upon full payment of the PACE
loan.
(2)
PACE program.
(a)
The City's PACE program shall be consistent with any terms
and conditions the Trust may establish by rule under 35-A M.R.S.A.
§ 10154(4).
(b)
As required by 35-A M.R.S.A. § 10155(3), federal laws
and regulations regarding the privacy of consumer information apply
to all consumer financial information obtained by the Trust or municipality
in implementing its PACE program.
(3)
PACE agreement.
(a)
As required by 35-A M.R.S.A. § 10155(1), a PACE agreement
entered into by the municipality pursuant to its PACE program must
comply with underwriting requirements established by rule by the Trust.
(b)
As required by 35-A M.R.S.A. § 10155(2), a PACE agreement
entered into by the municipality pursuant to its PACE program must
provide consumer disclosure consistent with the principles of truth
in lending as specified in rules adopted by the Trust.
(c)
As required by 35-A M.R.S.A. § 10157(2), a PACE agreement
entered into by the municipality pursuant to its PACE program shall
provide that all rights related to carbon emissions reductions resulting
from those improvements are deemed to be assigned by the property
owner to the Trust and are held by the Trust.
(4)
Adoption of education and outreach program. 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.
(5)
Assessments not a tax. PACE assessments do not constitute a tax but
may be assessed and collected by the municipality in any manner allowed
under the PACE program and consistent with applicable law.
(6)
PACE mortgages and PACE assessments. PACE mortgages shall be recorded
and PACE assessments shall be assessed and collected as provided in
35-A M.R.S.A. § 10156.
B.
Liability of municipal officials; liability of municipality.
(1)
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.
