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  1. #1
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    FIND OUT WHAT "PACE" LOANS ARE. LOANS TO YOU TO PAY FOR AGENDA 21

    Property Assessed Clean Energy
    Program (PACE)


    PACE Loans(FOR YOUR TAXES TO PAY BACK) are going to be given, along with GRANTS(THAT YOUR ELECTED POLITICIANS GET FOR IMPLEMENTING AGENDA 21) THAT ARE DESIGNED TO CHANGE THE VOTING BLOCK/ZONES BY BUILDING HIGH DENSITY HOUSING(50 UNITS PER ACRE) AND GIVING WELFARE(AFFORDABLE HOUSING/ FOOD STAMPS ETC.) TO ILLEGALS TO LIVE IN THEN AS LONG AS THEY VOTE "PROGRESSIVE". AND WE GET THE PRIVLAGE OF PAYING THESE PACE LOANS BACK.
    PACE loans are also going to be set up for Home Owner to BORROW MONEY to "UPGRADE" their homes to standards THEY WILL MAKE PROPERTY TAX CODE, WHICH WILL BE ENFORCED BY MEN WITH GUNS(POLICE/IRS), WHO WILL COME TO YOUR HOME AND AT GUN POINT FORCE YOU INTO A CAGE(JAIL) OR KILL YOU IF YOU RESIST IN THE SIGHTIST, IF YOU DO NOT PAY THEM.

    "America, America, God shed his light on the..."

    COMING TO YOUR CITY COUNCIL SOON: WILL YOU OR ANYONE KNOW THAT THEY NEED TO BE THERE ASKING QUESTIONS?
    T &E

    COMMITTEE
    #3
    July
    21,2014
    Discussion
    MEMORANDUM
    July
    17,2014
    TO:
    Transportation,
    Infrastructure,
    Energy
    and
    Environment
    Committee
    FROM~eith
    Levchenko,
    Senior
    Legislative
    Analyst
    SUBJECT:
    Discussion:
    Commercial
    Property
    Assessed
    Clean
    Energy
    (PACE)
    Program
    Implementation
    Plan
    Attachments
    to
    this
    memorandum
    include:

    Presentation
    Slides
    from
    Public
    Financial
    Management,
    Inc.
    (The
    PFM
    Group)
    on
    the
    Montgomery
    County
    Implementation
    Plan:
    Commercial
    Property
    Assessed
    Clean
    Energy
    Program
    (©1-9)

    Memorandum
    from
    Public
    Financial
    Management,
    Inc.
    (The
    PFM
    Group)
    to
    the
    Department
    of
    Finance
    (©10-12)

    County
    Executive
    Transmittal
    Memorandum
    of
    May
    19
    (©13-14)

    Montgomery
    County
    Implementation
    Plan:
    Commercial
    Property
    Assessed
    Clean
    Energy
    Program
    (©15-33)
    and
    Summary
    (©34)
    Background
    As
    required
    in
    Bill
    11-13,
    Commercial
    Property
    Assessed
    Clean
    Energy
    Program,
    on
    May
    19,
    the
    County
    Executive
    transmitted
    an
    implementation
    plan
    for
    the
    creation
    of
    a
    commercial
    PACE
    program
    in
    Montgomery
    County.
    Laura
    Franke
    of
    Public
    Financial
    Management,
    Inc.
    (The
    PFM
    Group)
    will
    do
    a
    presentation
    on
    the
    Commercial
    PACE
    Implementation
    Plan.
    The
    following
    Executive
    officials
    and
    staffwill
    also
    be
    available
    to
    participate
    in
    the
    Committee
    discussion:

    Joseph
    Beach,
    Director,
    Department
    of
    Finance

    Robert
    Hagedoorn,
    Chief,
    Treasury
    Division,
    Department
    of
    Finance

    Mary
    Casciotti,
    Management
    and
    Budget
    Specialist,
    Department
    of
    Finance

    Stan
    Edwards,
    Chief
    of
    Environmental
    Policy
    and
    Compliance,
    Department
    of
    Environmental
    Protection
    (DEP)

    Michelle
    Vigen,
    Senior
    Energy
    Planner,
    DEP

    Scott
    Foncannon,
    Associate
    County
    Attorney,
    Office
    of
    the
    County
    Attorney

    Eric
    Coffman,
    Chief
    -
    Energy
    and
    Sustainability,
    Department
    of
    General
    Services

    Bill
    11-13
    does
    not
    require
    Council
    approval
    of
    the
    Implementation
    Plan. However,
    implementing
    legislation
    will
    be
    required
    to
    move
    forward
    with
    the
    program.
    If
    the
    T
    &E
    Committee
    is
    supportive
    of
    the
    Implementation
    Plan,
    then
    the
    Executive
    will
    draft
    and
    forward
    legislation
    to
    the
    Council
    for
    action.
    PACE
    Program
    Concept
    The
    concept
    of
    PACE
    (whether
    for
    residential
    or
    commercial
    application)
    is
    to
    make
    energy
    efficiency
    and
    renewable energy
    improvements
    (which
    can
    reduce
    energy
    costs
    and
    in
    some
    cases
    improve
    property
    values)
    more
    economically
    viable
    for
    property
    owners.
    A
    key
    element
    of
    a
    PACE
    program
    is
    that
    the
    loan
    payback
    is
    done
    via
    a
    property
    owner's
    property
    tax
    bill
    (with
    a
    transfer
    of
    ownership
    also
    transferring
    the
    loan
    obligation
    to
    the
    new
    owner)
    and
    secured
    via
    a
    lien
    on
    the
    property.
    Utilizing
    the
    property
    tax
    bill
    for
    loan
    repayment
    provides
    potential
    lenders
    with
    a
    very
    safe
    loan
    opportunity.
    For
    property
    owners,
    the
    fact
    that
    the
    loan
    stays
    with
    the
    property
    upon
    sale
    or
    transfer
    means
    that
    a
    property
    owner
    can
    consider
    improvements
    even
    where
    the
    payback
    scenario
    might
    exceed
    their
    ownership
    of
    the
    property.
    In
    an
    ideal
    situation,
    the
    annual
    energy
    cost
    savings
    will
    be
    the
    same
    or
    greater
    than
    the
    annual
    loan
    obligation.
    However,
    even
    in
    situations
    where
    the
    annual
    savings
    may
    not
    offset
    the
    annual
    loan
    costs,
    the
    improvements
    may
    still
    be
    worthwhile
    if
    an
    increase
    in
    property
    value
    can
    be
    assumed
    as
    a
    result
    of
    the
    improvements.
    Residential
    PACE
    Because
    of
    concerns
    raised
    by
    the
    Federal
    Housing
    Finance
    Agency
    (FHFA)
    regarding
    the
    mortgage
    implications
    of
    a
    residential
    PACE
    program,
    the
    County's
    Home
    Energy
    Loan
    Program
    (i.e.,
    Residential
    PACE
    program)
    legislation
    (enacted
    several
    years
    ago)
    has
    not
    been
    implemented.
    Commercial
    PACE
    Commercial
    PACE
    programs
    are
    not
    affected
    by
    the
    FHFA
    concerns
    noted
    above.
    Also,
    as
    noted
    later,
    one
    of
    the
    assumed
    terms
    for
    approval
    of
    a
    PACE
    loan
    is
    that
    the
    applicants
    with
    mortgages
    must
    get
    lender
    approval.
    Commercial
    PACE
    loans
    tend
    to
    be
    quite
    large
    and,
    therefore,
    these
    programs
    typically
    utilize
    private
    loan
    funds
    with
    the
    governmental
    entity
    providing
    the
    collection
    process
    via
    the
    property
    tax
    bill.
    However,
    until
    recently,
    in
    the
    State
    of
    Maryland,
    counties
    and
    municipalities
    did
    not
    have
    the
    authority
    to
    use
    the
    property
    tax
    bill
    mechanism
    to
    collect
    private
    loan
    payments.
    Fortunately,
    enabling
    legislation
    was
    approved
    during
    this
    past
    legislative
    session
    (Senate
    Bill
    186,
    signed
    by
    the
    Governor
    on
    May
    15,
    2014).
    Councilmember
    Berliner
    introduced
    Commercial
    PACE
    legislation
    (Bill
    11-13)
    on
    April
    23,
    2014.
    As
    originally
    drafted,
    Bill
    11-13
    established
    the
    program
    and
    defIned
    many
    of
    the
    criteria
    for
    the
    program.
    However,
    after
    further
    deliberation,
    the
    bill
    was
    amended
    by
    the
    Council
    to
    require
    the
    Executive
    to
    develop
    an
    implementation
    plan,
    and
    the
    elements
    of
    the
    bill
    creating
    and
    defIning
    the
    program
    were
    removed.
    2


    Commercial
    PACE
    Implementation
    Plan
    The
    required
    elements
    of
    the
    Implementation
    Plan
    as
    noted
    in
    Bill
    11-13
    are
    shown
    below:
    Sec.
    18A-33.
    Commercial
    Property
    Assessed
    Clean
    Energy
    Program.
    (a)
    Definition.
    In
    this
    Section,
    Commercial
    Property
    Assessed
    Clean
    Energy
    Program
    or
    Program
    means
    a
    program
    that
    facilitates
    energy
    improvements
    and
    requires
    repayment
    through
    a
    surcharge
    on
    the
    owner
    s
    property
    tax
    bill.
    (b)
    The
    Executive
    must,
    by
    May
    19,2014,
    prepare
    a
    plan
    for
    implementing
    a
    Commercial
    Property
    Assessed
    Clean
    Energy
    Program
    that
    analyzes
    and
    provides
    recommendations
    on
    the
    following
    elements:
    (1)
    standards
    for
    eligible
    energy
    and
    environmental
    improvements;
    (2)
    energy
    audit
    or
    project
    design
    review
    requirements;
    (3)
    procedures
    for
    monitoring
    project
    progress
    and
    post-installation
    inspections;
    (4)
    programfonding
    sources;
    (5)
    lending
    standards
    and
    priorities;
    (6)
    minimum
    and
    maximum
    loan
    amounts;
    (7)
    interest
    rates,
    terms,
    and
    conditions;
    (
    application
    procedures,
    including
    necessary
    supporting
    documentation;
    (9)
    criteria
    for
    adequate
    security;
    (10)
    procedures
    to
    refer
    applicants
    to
    other
    public
    and
    private
    sources
    of
    fonds
    and
    incentives;
    (11)
    procedures
    related
    to
    decisions
    on
    loan
    acceptance
    and
    denial,
    or
    loan
    terms
    and
    conditions;
    (12)
    procedures
    for
    nonpayment
    or
    default;
    (13)
    disclosure
    requirements
    for
    real
    estate
    transactions;
    (14)
    criteria
    for
    loan
    disbursement;
    and
    (15)
    any
    additional
    requirements
    necessary
    for
    program
    operation
    or
    security
    of
    loan
    funds
    identified
    by
    the
    Executive.
    (2013
    L.MC.,
    ch.
    33,
    §
    1.)
    Ms.
    Laura
    Franke
    of
    Public
    Financial
    Management,
    Inc.
    provided
    consultant
    support
    to
    Department
    of
    Finance
    and
    DEP
    staff
    in
    the
    development
    of
    the Implementation
    Plan.
    She
    also
    provided
    a
    memorandum
    to
    the
    Department
    of
    Finance
    (see
    ©10-12)
    which
    notes
    how
    the
    Implementation
    Plan
    addresses
    each
    of
    the
    items
    noted
    in
    the
    legislation.
    Some
    key
    elements
    of
    the
    Implementation
    Plan
    are
    summarized
    below:

    The
    program
    is
    assumed
    to
    be
    "self-supporting"
    once
    operational,
    with
    the
    County's
    ongoing
    administrative
    costs
    to
    be
    recovered
    through
    program
    fees.
    County
    payment
    of
    start-up
    costs
    could
    be
    recovered
    as
    well.
    Alternatively,
    the
    County
    could
    choose
    to
    absorb
    the
    startup
    costs
    (presumably
    from
    the
    general
    fund)
    in
    order
    to
    avoid
    higher
    initial
    costs
    for
    applicants.

    The
    Plan
    includes
    a
    number
    of
    additional
    positions
    needed
    to
    develop
    and
    manage
    the
    ongoing
    program
    that
    could
    be
    filled
    with
    contract
    or
    in-house
    staff.
    Based
    on
    discussions
    with
    County
    staff,
    the
    assumption
    is
    that
    3
    rd
    party
    administration
    will
    be
    pursued.
    Given
    that
    the
    County
    does
    not
    have
    in-house
    expertise
    to
    manage
    this
    program
    and
    that
    the
    program
    scale
    is
    not
    certain
    at
    this
    time,
    contracting
    out
    the
    administration
    is
    a
    reasonable
    approach.
    3



    "Owner-arranged"
    financing
    is
    assumed:
    This
    is
    a
    key
    assumption,
    since
    a
    County*
    funded
    loan
    program
    would
    require
    an
    upfront
    County
    fmancial
    infusion
    plus
    ongoing
    management
    and
    oversight.
    Given
    the
    uncertainty
    of
    the
    initial
    and
    ultimate
    demand
    for
    this
    program
    and
    the
    fact
    that
    the
    consultant
    asserts
    that
    outside
    funding
    is
    available
    for
    these
    types
    of
    loans,
    outside
    funding
    makes
    sense.

    As
    required
    by
    SB
    186,
    property
    owners
    with
    existing
    mortgages
    would
    have
    to
    get
    lender
    consent
    before
    their
    project
    could
    proceed.

    The
    minimum
    loan
    amount
    would
    be
    $5,000
    up
    to
    a
    maximum
    loan
    amount
    of
    20
    percent
    of
    the
    assessed
    value
    of
    the
    property.
    The
    maximum
    loan
    tenn
    would
    be
    limited
    to
    the
    use:fu1life
    of
    the
    improvement.

    Eligible
    improvements
    are
    defined
    as
    "pennanently
    affixed
    to
    existing
    structures,
    that
    provide
    energy
    efficiency,
    clean
    energy
    generation
    or
    water
    conservation
    benefits
    to
    the
    consumer.
    "
    One
    element
    not
    included
    in
    the
    Implementation
    Plan
    is
    the
    requirement
    for
    an
    energy
    audit
    or
    a
    renewable
    energy
    system
    feasibility
    analysis
    for
    the
    property.
    This
    requirement
    was
    included
    in
    the
    original
    County
    legislation
    as
    introduced.
    Instead,
    the
    Plan
    notes
    that
    the
    County
    will
    rely
    on
    the
    administration
    team
    to
    "defme
    the
    specific
    thresholds
    of
    projects
    eligible
    for
    PACE
    funding."
    The
    intent
    is
    to
    make
    the
    program
    as
    flexible
    and
    streamlined
    as
    possible
    to
    keep
    costs
    for
    the
    property
    owner
    as
    low
    as
    possible,
    while
    still
    requiring
    a
    viable,
    lender
    approved
    project
    to
    go
    forward.
    Council
    Staff
    Recommendation
    Council
    Staff
    met
    with
    Ms.
    Franke
    and
    with
    Finance
    and
    DEP
    staff
    and
    suggested
    some
    minor
    revisions
    to
    the
    Implementation
    Plan
    which
    have
    been
    incorporated
    into
    the
    latest
    draft
    of
    the
    plan
    (attached).
    Council
    Staff
    believes
    the
    Implementation
    Plan
    provides
    a
    sufficient
    framework
    for
    the
    County
    to
    move
    forward
    to
    create
    a
    Commercial
    PACE
    program.
    The
    next
    steps
    will
    include:
    enactment
    of
    County
    legislation
    establishing
    the
    program
    and
    the
    selection
    of
    a
    contractor
    to
    develop
    and
    administer
    the
    program.
    Attaclunents
    KML:f:\Ievchenko\dep\energy
    issues\energy
    efficiency
    and
    pace\t&e
    discussion
    7
    21
    14
    commercial
    pace
    implementation
    plan.doc

    http://www.montgomerycountymd.gov/co...140721_TE3.pdf
    Last edited by Newmexican; 06-03-2015 at 12:36 PM.

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