By and through this chapter, Topsham 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 Topsham. Topsham
declares its purpose and the provisions of this chapter to be in conformity
with federal and state laws.
Topsham 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 "Town of
Topsham 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 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
the Town of Topsham 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.