(a)
PACE administration contract. Pursuant to 35-A 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 Trust or its agent on behalf of the municipality 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 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, Section 51-151(a)(1) above, a municipality has no liability to a property owner for or related to energy-savings improvements financed under a PACE program.