Town of South Berwick, ME
York County
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Table of Contents
Table of Contents
A. 
PACE administration contract. Pursuant to 35A M.R.S.A. § 10154(2)(A)(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:
(1) 
The Trust will enter into PACE agreements with owners of qualifying property in the Municipality'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 municipality, or the Trust or its agent, on behalf of the municipality, shall promptly 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 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.
C. 
Assistance and cooperation. The municipality will assist and cooperate with the Trust in its administration of the municipality's 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 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.
B. 
Other than the fulfillment of its obligations specified in a PACE administration contract with the Trust entered into under Article V, § 109-8A above, a municipality has no liability to a property owner for or related to energy-saving improvements financed under a PACE program.