Property Assessed Clean Energy (PACE) programs allow homeowners to finance energy improvements through municipal bonds repaid via a surcharge on property taxes. PACE has grown to 21 states and $40 million invested but faces challenges from Fannie Mae, which refuses to accept mortgages with PACE loans due to lien priority issues. Solutions include lawsuits, legislation, and alternatives like on-bill financing, but participation may exceed energy savings without minimum standards for projects.
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PACE Financing 101 and Status
1. Property Assessed Clean Energy
(PACE)
Municipal Energy Financing in the United States
John Farrell, Director
Energy Self-Reliant States and Communities program
jfarrell@ilsr.org
612.276.3456 x210
Adapted from a presentation to the Smart Energy Dialogue
Berlin | June 9, 2010
Photo credit: Flickr user OZinOH
2. PACE Financing
• Overview
• Rationale
• Potential
• Challenges
Municipal
Energy
Financing:
Lessons
Learned
h6p://bit.ly/munienergyfinance
3. Overview
Sells
bonds
Installs
energy
improvements
Pays
for
property
Pays
with
long-‐ improvements
term
property
tax
assessment
Assesses
property
for
cost
plus
interest
13. Rationale
Information Disjointed
State
U?lity
rebate rebate
U?lity
audit
Energy
Nonpro Star
fit
ra?ng
energy
Federal
guide tax
credit
14. Rationale
Solution: One-stop Shop
U?lity
State
PACE
program
Federal
Nonpro
fit
15. Potential
PACE Status (2010)
• 21 states
• 4 established municipal programs
• Almost $40 million spent
• 2,000 properties served
Legend
Recently
enacted
PACE
laws
Pre-‐2009
statutes
suppor?ng
PACE
16. Potential
PACE Status (2010)
Spending
in
2009
PACE
Programs $40
Utility
Energy
Efficiency
Programs $3,600
$0 $1,000 $2,000 $3,000 $4,000
Millions
17. Potential
PACE Potential
Future
Spending?
PACE
Programs
2010 $300
PACE
Programs
2011 $600
Utility
Energy
Efficiency
Programs $3,600
$0 $1,000 $2,000 $3,000 $4,000
Millions
18. Challenges & Solutions
• Challenge: Fannie Mae objects
• Solutions
• Lawsuits
• Legislation
• Alternatives
• Challenge: Participation v. Energy Savings
19. Challenges & Solutions
Issue: Fannie Mae Objects
Lender Letter LL-2010-06
May 5, 2010
TO: All Fannie Mae Single-Family Sellers and Servicers
Property Assessed Clean Energy Loans
PACE loans generally have automatic first lien priority
over previously recorded mortgages. The terms of the
Fannie Mae/Freddie Mac Uniform Security Instruments
prohibit loans that have senior lien status to a mortgage.
As PACE programs progress through the experimental
phase and beyond, Fannie Mae will issue additional
guidance to lenders as may be needed from time to time.
Lender letter: http://tinyurl.com/3y2g4mw
20. Challenges & Solutions
Issue: Fannie Mae Objects
Lender Letter LL-2010-06
May 5, 2010
TO: All Fannie Mae Single-Family Sellers and Servicers
Property Assessed Clean Energy Loans
1. We don’t come second.
2. This isn’t a public good.
3. “We’re buried in a subprime mess. Nothing new,
please.”
21. Challenges & Solutions
Solution #1: Lawsuits
• FHFA, Fannie, & Freddie sued by:
• California Attorney General
• Sierra Club
• Sonoma County, CA
• Town of Babylon, NY
Small victory: Aug. 31, 2011 ruling
requires FHFA to start over with
formal rulemaking
22. Challenges & Solutions
Solution #2: Legislation
• The PACE Assessment Protection Act of
2011
• Fannie Mae and Freddie Mac must revise
their lending standards to conform with
Department of Energy PACE Guidelines
from May 2010.
• FHFA, Fannie, and Freddie may not
discriminate against any borrower in a
community with a PACE program.
Photo credit: Flickr user katieharbath
23. Challenges & Solutions
Solution #3: Alternatives
• On-bill financing
• Utility finances improvements
• Utility ties billing to the meter instead of
individual
• “Pay As You Save” (now defunct)
• Drawbacks
• Requires utility participation
• Utility billing system may need upgrade
24. Challenges & Solutions
Solution #3: Alternatives
• Junior liens (e.g. Maine)
• Does not come before mortgage in event of
default
• Still tied to property tax bill
• Drawbacks
• No secondary market
• Can’t transfer between owners?
25. Challenges & Solutions
Solution #3: Alternatives
• Subsidized home retrofits
• E.g. weatherization
• Drawbacks
• Who pays for subsidy?
26. Challenges & Solutions
Solution #3: Alternatives
• Loan loss reserves
• Can insulate lender
• Drawbacks
• Who pays for reserve?
27. Challenges & Solutions
Solution #3: Alternatives
• Loan insurance
• Insulates lenders
• Low cost
• Drawbacks
• Offered to FHFA, but rejected
• No private market right now
29. Challenges & Solutions
Minimum Standards?
• Minimum expenditures, e.g. $3,000
Energy
savings
Par?cipa?on
$3,000
30. Challenges & Solutions
Minimum Standards?
• Minimum expenditures, e.g. $3,000
• Minimum energy savings, e.g. 10%
Energy
savings
Par?cipa?on
$3,000 10%
31. Challenges & Solutions
Minimum Standards?
• Minimum expenditures, e.g. $3,000
• Minimum energy savings, e.g. 10%
• Efficiency threshold, e.g. EPA Yardstick
Energy
savings
Par?cipa?on
EPA
$3,000 10%
Yardstick
32. Challenges & Solutions
Minimum Standards?
• Minimum expenditures, e.g. $3,000
• Minimum energy savings, e.g. 10%
• Efficiency threshold, e.g. EPA Yardstick
• Retrofit Mandate to a min. standard
Energy
savings
Par?cipa?on
EPA Yards?ck
$3,000 10%
Yardstick mandate
33. Thank you!
John Farrell Other Resources
www.energyselfreliantstates.org •PACENOW.org
jfarrell@ilsr.org •This report:
johnffarrell
612-276-3456 x120
Municipal
Energy
Financing:
Lessons
Learned
h6p://bit.ly/munienergyfinance