[Adopted 11-14-2011 by Ord. No. 11-19. Amendments noted where applicable.]
The purpose of this chapter is the establishment of a municipal
program to enable owners of qualifying property to participate in
a Property Assessed Clean Energy ("PACE") Program so that owners of
qualifying property can access financing for energy-saving improvements
to such properties located in the Town. The Town declares its purpose
and the provisions of this chapter to be in conformity with federal
and state laws.
A.
The authority for this chapter is Maine Revised Statutes, Title
35-A, Public Utilities, Part 8, Energy Efficiency, Chapter 99, Property
Assessed Clean Energy, known and cited as "the Property Assessed Clean
Energy Act" or "the PACE Act."
B.
This chapter is known and may be cited as "the Town of Kittery
Property Assessed Clean Energy (PACE) Ordinance."
Words and phrases used in this chapter have their customary
meanings, except as specifically defined below; or as defined in 35-A
M.R.S. § 10153, Definitions, as may be amended from time
to time; or as found in Rule 95-648, Efficiency Maine Trust, Chapter
110: Pace Program Regulations: Loan Underwriting Standards, Consumer
Disclosure Requirements, Terms and Conditions of Participation and
Quality Assurance System, Part II, Section 1, Definitions. As used
in this chapter, the following words and phrases 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 weatherization, including, but not limited to, an energy
audit, air sealing, insulating, and other energy-efficiency improvements
and test out, for residential 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 mortgage.
All that area within the Town's boundaries within which
the PACE Program is established hereunder.
A loan, secured by a PACE mortgage, made to the owner(s)
of a qualifying property pursuant to the PACE Program to fund energy-saving
improvements.
A mortgage securing a loan made pursuant to the PACE Program
to fund energy-saving improvements on qualifying property.
The program established under state statute by the Trust
and the Town under which property owners can finance energy-saving
improvements on qualifying property.
Real property located in the Town that participates in the
PACE Program pursuant to this chapter.
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. § 10103
and/or its agent(s), if any.
A.
Establishment; funding. The Town hereby establishes a PACE Program
allowing owners of qualifying property located in the Town 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 made available from the Trust in the Town by:
(1)
Adoption of this PACE Ordinance;
(2)
An adopted and implemented local public outreach and education
plan;
(3)
Entering into a PACE administration contract with the Trust
to establish the terms and conditions of the Trust's administration
of the Town's PACE Program; and
(4)
Agreeing to assist and cooperate with the Trust in its administration
of the Town's PACE Program.
B.
Amendment to PACE Program. In addition, the Town 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 the Town is responsible for administration of loans made from
those other funding sources.
If the Trust adopts standards, promulgates rules, or establishes
model documents subsequent to the Town's adoption of this chapter
and those standards, rules or model documents substantially conflict
with this chapter, the Town shall take necessary steps to conform
this chapter and its PACE Program to those standards, rules, or model
documents.
A.
PACE administration contract. Pursuant to 35-A M.R.S. § 10154,
Subdivision 2A(2) and B, the Town will enter into a PACE administration
contract with the Trust to administer the functions of the PACE Program
for the Town. 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 Town'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 owners;
(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 Town, promptly shall
record the discharge of a PACE mortgage upon full payment of the PACE
loan;
(8)
The Trust, or its agent, will be responsible for management
of federal grant funds; and
(9)
The Trust, or its agent, will ensure the collection of data
required to quantify carbon savings and to facilitate access to and
eligibility for voluntary carbon markets, for federal grants for energy
efficiency and for other incentive programs that support energy-saving
improvements.
B.
Adoption of education and outreach program. The Town shall adopt
and implement an education and outreach program so that citizens of
the Town 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 Town will assist and cooperate
with the Trust in its administration of the Town'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.
Liability of municipal officials. Notwithstanding any other
provision of law to the contrary, the Town of Kittery, its officers,
officials and employees, 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.
Liability of Town. Other than the fulfillment of its obligations
specified in a PACE administration contract with the Trust entered
into under § 13.5.6A above, a Town has no liability to a
property owner for or related to energy-saving improvements financed
under a PACE Program.
