[HISTORY: Adopted by the Board of Supervisors of Oneida County 4-16-2019 by Res. No. 47-2019, effective 4-27-2019. Amendments noted where applicable.]
This chapter shall be known as, referred to, and cited as the "Property-Assessed Clean Energy Financing Ordinance" and hereinafter referred to as the "ordinance."
This chapter is enacted pursuant to Wis. Stat. § 66.0627, as amended, which authorizes a County to make a loan or enter into an agreement regarding loan repayments to a third party for owner-arranged or lessee-arranged financing, to an owner or a lessee of a premises located in the County for making or installing an energy efficiency improvement, a water efficiency improvement or a renewable resource application to a premises.
The County finds that renovations or additions to premises located in the County made to improve energy efficiency, improve water efficiency, and/or use renewable resource applications increase property values, stimulate local economic activity, provide local and global environmental benefits, and promote the general welfare of County residents. The purpose of this chapter is to facilitate loans arranged by property owners or lessees to make such improvements by treating loan principal and interest, fees, and other charges as special charges eligible for inclusion on the tax roll for these properties.
For the purpose of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Words used in the present tense in this chapter include the future. The word "person" includes a firm, association, partnership, trust, company, or corporation as well as an individual. The word "he" includes the word "she." The word "shall" is mandatory, the word "should" is advisory, and the word "may" is permissive. Any word not defined in this chapter shall be presumed to have its customary dictionary definition.
- ANNUAL INSTALLMENT
- The portion of the PACE loan that is due and payable for a particular year under the supplemental agreement.
- The property owner or lessee of the subject property that borrows the proceeds of a PACE loan.
- DEFAULT LOAN BALANCE
- The outstanding balance, whether or not due, of a PACE loan at the time that the County receives foreclosure proceeds.
- FORECLOSURE PROCEEDS
- The proceeds received by the County from the disposition of a subject property through an in rem property tax foreclosure.
- LOAN AMOUNT
- The principal, interest, administrative fees (including the Program Administrator's fees) and other loan charges to be paid by the borrower under the PACE loan.
- The acronym for property-assessed clean energy.
- (1) The delinquent annual installment(s) due when the County initiates the in rem property tax foreclosure on the subject property;
- (2) Any additional annual installments that become due between the time that the County initiates in rem property tax foreclosure on the subject property and the date the County receives the foreclosure proceeds;
- (4) Any default loan balance.
- PACE LENDER
- Any person that makes a PACE loan, and which may include an affiliate of the borrower.
- PACE LOAN
- A loan made by a PACE lender to a borrower under this section for energy efficiency improvements, water efficiency improvements, or renewable resource applications made to or installed on a subject property.
- Any individual, association, firm, corporation, partnership, limited liability company, trust, joint venture or other legal entity, or a political subdivision as defined in § 66.0627, Wis. Stats.
- PROGRAM ADMINISTRATOR
- The person retained by the Wisconsin PACE Commission as provided in § 27.041(2).
- SUBJECT PROPERTY
- Any premises located in the County on which any energy efficiency improvements, water efficiency improvements, or renewable resource applications are being or have been made and financed through an outstanding PACE loan.
- SUPPLEMENTAL AGREEMENT
- A written agreement among a borrower, a PACE lender and the County, as provided for in § 27.043.
- WISCONSIN PACE COMMISSION
- The Wisconsin PACE Commission formed under § 66.0301, Wis. Stats., as amended, by the County and one or more other political subdivisions as defined in § 66.0627, Wis. Stats., pursuant to a joint exercise of powers agreement relating to the Wisconsin PACE Commission.
Any PACE loan made and secured pursuant to this section shall be considered a special charge on the subject property. Any annual installment or portion of a PACE loan made and secured pursuant to this section that becomes delinquent according to the terms of the PACE loan shall be a lien against the subject property and placed on the tax roll, as permitted pursuant to § 66.0627, Wis. Stats., as amended.
Any of the powers and duties of the County under this section, except for those under § 27.06, may (but are not required to) be delegated to the Wisconsin PACE Commission.
The Wisconsin PACE Commission is further authorized to retain a Program Administrator to act as its agent and administer the PACE program, subject to adherence with PACE program requirements set forth in this section and in § 66.0627, Wis. Stats., as amended.
The County, the borrower and the PACE lender shall execute the supplemental agreement, which, without limitation:
Shall inform the participants that the PACE loan amount shall be imposed as and considered a special charge, and each year's annual installment may be included on the property tax roll of the subject property as a special charge, and an annual installment that is delinquent shall be a lien against the subject property pursuant to § 66.0627, Wis. Stats., as amended;
Shall recite the amount and the term of the PACE loan;
Shall provide for the amount, or a method for determining the amount, of the annual installment due each year;
Shall provide whether default interest may be applied to unpaid annual installments;
Shall require the PACE lender and the borrower to comply with all federal, state and local lending and disclosure requirements;
Shall provide for any fees payable to the County and/or Program Administrator;
Shall recite that the supplemental agreement is a covenant that runs with the land;
May provide for prepayments of annual installments by the borrower with a resulting reduction in the special charge for the prepayment, subject to any prepayment premium charged by the PACE lender, if any; and
May allow for amendment by the parties.
Prior to executing the supplemental agreement, the owner of the subject property, if different from the borrower, and any existing mortgage holder(s) on the subject property must have executed a separate writing acknowledging the borrower's use of PACE financing for the subject property and the special charge that will be imposed under this section and its consequences, including the remedies for collecting the special charge.
Each PACE loan shall be amortized over the term of the PACE loan as provided in the supplemental agreement.
The annual payments of a PACE loan may be payable in installments as authorized by § 66.0627, Wis. Stats., as amended.
Upon the request of the Program Administrator, the County shall place each year's annual installment, if delinquent, on the tax roll for the subject property as permitted pursuant to § 66.0627, Wis. Stats., as amended.
The County shall promptly remit to the Wisconsin PACE Commission any payment(s) for a special charge imposed under this section, including penalties and charges thereon, it may receive from any taxing district or the County Treasurer pursuant to Ch. 74, Wis. Stats., as amended.
The County elects to utilize the provisions of § 75.521, Wis. Stats., as amended, for the purposes of enforcing tax liens if a subject property owner fails to pay any special charges imposed on the subject property under this section as required.
The County shall begin an in rem property tax foreclosure proceeding on a subject property at the earliest time allowed under Wisconsin Statutes, unless the County determines that subject property is a "brownfield" (as defined is § 75.106, Wis. Stats., as amended) or that in rem property tax foreclosure is not in the best interests of the County due to the condition of the property or for other reasons.
If the County has determined that it does not wish to obtain judgment on a subject property, then the PACE lender may request that the County, pursuant to § 75.106, Wis. Stats., as amended, commence an in rem proceeding against the subject property and assign the County's right to take judgment against the subject property to the PACE lender, provided that the PACE lender and the County fully comply with all provisions of § 75.106, Wis. Stats., as amended, concerning the subject property and the PACE lender agrees to pay the amounts required by § 75.36(3)(a)1, 1m and 3, Wis. Stats., as amended.
If the County obtains judgment in an in rem property tax foreclosure action against a subject property, the County shall diligently proceed to sell the subject property pursuant to the procedures set forth in § 75.69, Wis. Stats., as amended.
The County Treasurer shall follow the procedures set forth in § 75.36, Wis. Stats., as amended, to distribute the proceeds from the sale of a subject property.
Any ordinance or amendatory ordinance adopted by the County Board shall become effective, after adoption by the County Board, after posting or publication of such adoption pursuant to § 59.14, Wis. Stats.