[Adopted by the Special Town Meeting 10-19-2010 by Art. 3]
By and through this article, the Town of Alfred 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 article
to be in conformity with federal and state laws.
The Town enacts this article 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 article shall be known and may be cited as "the Town of
Alfred Property Assessed Clean Energy (PACE) Ordinance" (the "Ordinance").
Except as specifically defined below, words and phrases used
in this article shall have their customary meanings; as used in this
article, 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 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 municipality establishes a PACE
program hereunder, which is all that area within the municipality'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-savings
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.
Standards adopted; rules promulgated; model documents: If the
Trust adopts standards, promulgates rules, or establishes model documents
subsequent to the municipality's adoption of this article and
those standards, rules or model documents substantially conflict with
this article, the municipality shall take necessary steps to conform
this article and its PACE program to those standards, rules, or model
documents.