[HISTORY: Adopted by the Town of Bethel 6-13-2012. Amendments
noted where applicable.]
The purpose of this chapter is to establish a municipal program
to enable its citizens to participate in a Property Assessed Clean
Energy ("PACE") program, in conformity with applicable federal and
state laws, so that owners of qualifying property can access financing
for energy saving improvements to their properties located in the
Town of Bethel.
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.
The Town of Bethel.
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 saving
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.
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.
Pursuant to 35-A M.R.S.A § 10154(A)(2) and (B), the
Board of Selectman, on behalf of the Municipality, will enter into
a PAC 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.Â
The Trust will enter into PACE agreements with owners of qualifying
property in the municipality's PACE district.
B.Â
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.Â
The Trust, or its agent, will disburse the PACE loan to the property
owner.
D.Â
The Trust, or its agent, will send PACE assessment statements with
payment deadlines to the property owner.
E.Â
The Trust, or its agent, will be responsible for the collection of
the PACE assessments.
F.Â
The Trust, or its agent, will record any lien, if needed, due to
nonpayment of the assessment.
G.Â
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.
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.
The municipality desires and intends to assist and cooperate
with the Trust in its administration of the municipality's PACE
program.
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.Â
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.Â
Other than the fulfillment of its obligations specified in a PACE
administration contract with the Trust entered into pursuant to this
chapter, a municipality has no liability to a property owner for or
related to energy saving improvements financed under a PACE program.
