[HISTORY: Adopted by the Town of Kennebunkport 6-14-2011. Amendments noted where applicable.]
By and through this chapter, and in conformity with applicable
federal and state laws, the Town of Kennebunkport establishes 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 of Kennebunkport.
The Town of Kennebunkport 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
Kennebunkport 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:
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.
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 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 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, including but not
limited to masonry stoves and wood pellet systems, landfill gas to
energy systems, geothermal systems, wind systems, and any other systems
eligible for funding under federal Qualified Energy Conservation Bonds
or federal Clean Renewable Energy Bonds.
[Amended 11-3-2020]
The Town of Kennebunkport, located in York County, Maine.
The Efficiency Maine Trust established in 35-A M.R.S.A. § 10103
and/or its agent(s), if any.
A.
PACE administration contract. Pursuant to 35-A M.R.S.A. § 10154,
Subsection 2A(2) and (B), the Town of Kennebunkport will enter into
a PACE administration contract with the Trust to administer the functions
of the PACE program for the Town of Kennebunkport. 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 Town of Kennebunkport'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 Town of Kennebunkport,
promptly shall record the discharges of PACE mortgages upon full payment
of the PACE loan.
B.
Adoption of education and outreach program. In conjunction with adopting
this chapter, the Town of Kennebunkport shall adopt and implement
an education and outreach program so that citizens of the Town of
Kennebunkport are made aware of home energy saving opportunities,
including the opportunity to finance energy saving improvements with
a PACE loan.
C.
Assistance and cooperation. The Town of Kennebunkport desires and
intends to assist and cooperate with the Trust in its administration
of the Town of Kennebunkport PACE program.
D.
Assessments not a tax. 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, tax collectors, town councilors and town managers, 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.
