[HISTORY: Adopted 2-16-2011 by the Special Town Meeting, Art. 4. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 91.
By and through this chapter, Topsham 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 Topsham. Topsham
declares its purpose and the provisions of this chapter to be in conformity
with federal and state laws.
Topsham 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
Topsham 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 entire area of Topsham.
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
the Town of Topsham under which property owners can finance energy-saving
improvements on qualifying property.
Real property located in the Topsham PACE District.
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. Topsham hereby establishes a PACE program
allowing owners of qualifying property located in the Topsham 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 Topsham,
if Topsham:
(1)
Adopts a PACE Ordinance;
(2)
Adopts and implements a local public outreach and education plan;
(3)
Enters into a PACE administration contract with the Trust to establish
the terms and conditions of the Trust's administration of Topsham's
PACE program; and
(4)
Agrees to assist and cooperate with the Trust in its administration
of Topsham's PACE program.
B.
Amendment to PACE program. In addition, Topsham may from time to
time amend this chapter to use any other funding sources made available
to it or appropriated by it for the express purpose of its PACE program,
and Topsham shall be responsible for administration of loans made
from those other funding sources.
A.
Standards adopted; rules promulgated; model documents. If the Trust
adopts standards, promulgates rules, or establishes model documents
subsequent to Topsham's adoption of this chapter and those standards,
rules or model documents substantially conflict with this chapter,
Topsham shall take necessary steps to conform this chapter 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(2)(A)(2)
and (B), Topsham will enter into a PACE administration contract with
the Trust to administer the functions of the PACE program for Topsham.
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 Topsham'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 Trust or its agent on behalf of Topsham, 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 chapter, Topsham shall implement an education and outreach program
so that citizens of Topsham are made aware of home energy-saving opportunities,
including the opportunity to finance energy-saving improvements with
a PACE loan.
(3)
Assistance and cooperation. Topsham will assist and cooperate with
the Trust in its administration of the 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, all Topsham
municipal officers, officials and appointees, including, but not limited
to, and without limitation, elected officials, 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.
