[HISTORY: Adopted by the Town of Alfred as indicated in article
histories. Amendments noted where applicable.]
[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:
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 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 Town of Alfred.
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-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 municipality 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 administered by the Trust or
its agent. PACE loan funds are available from the Trust in municipalities
that:
(1)
Adopt a PACE ordinance;
(2)
Adopt and implement a local public outreach and education plan;
(3)
Enter into a PACE administration contract with the Trust to establish
the terms and conditions of the Trust's administration of the
municipality's PACE program; and
(4)
Agree to assist and cooperate with the Trust in its administration
of the municipality's PACE program.
B.
Amendment to PACE program. In addition, the municipality may from
time to time amend this article 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.
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.
A.
Program administration.
(1)
PACE administration contract. Pursuant to 35-A M.R.S.A. § 10154,
Subdivision 2A(2) and B, the municipality will enter into a PACE administration
contract with the Trust to administer the functions of the PACE program
for the municipality. The PACE administration contract with the Trust
will establish the administration of the PACE program including, without
limitation, that:
(a)
The Trust will enter into PACE agreements with owners of qualifying
property in the municipality's PACE district;
(b)
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;
(c)
The Trust, or its agent, will disburse the PACE loan to the
property owner;
(d)
The Trust, or its agent, will send PACE assessment statements
with payment deadlines to the property owner;
(e)
The Trust, or its agent, will be responsible for collection
of the PACE assessments;
(f)
The Trust, or its agent, will record any lien, if needed, due
to nonpayment of the assessment;
(g)
The municipality, or the Trust or its agent on behalf of the
municipality, promptly shall record the discharges of PACE mortgages
upon full payment of the PACE loan.
(2)
Adoption of education and outreach program. In conjunction with adopting
this article, 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.
(3)
Assistance and cooperation. The municipality will assist and cooperate
with the Trust in its administration of the municipality's PACE
program.
(4)
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.
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.
