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PACE financing

PACE financing (property assessed clean energy financing) is a method used in the United States of America for financing energy efficiency upgrades, disaster resiliency improvements, water conservation measures, or renewable energy installations in existing or new construction of residential, commercial, and industrial property owners. Depending on state legislation, PACE financing can be used to fund water efficiency products, seismic retrofits, resiliency, and other measures with social benefits.

The business model of the residential PACE ("R-PACE") program has been criticized. The financial contracts are secured by a super-senior loan on the property, which takes priority over other common liens such as claims held by a mortgage lender. This can make it difficult for borrowers participating in the PACE program to obtain other, more traditional sources of financing (such as refinancing their home mortgage) or to sell their house. In addition, private contractors solicit homeowners to sign PACE contracts. Commercial PACE ("C-PACE") is widely accepted and enabled in most states, while R-PACE remains controversial and unavailable in most states (the exceptions being California and Florida). The super seniority structure of PACE also plays a role on the commercial side of the market and can also render it challenging for developers to raise traditional bank capital if they have a C-PACE loan.

Examples of energy efficiency and renewable energy upgrades range from adding more attic insulation to installing rooftop solar panels for residential projects and chillers, boilers, LED lighting and roofing for commercial projects. In areas with PACE legislation in place, governments offer a specific bond to investors or in the case of the open-market model, private capital providers purchase a tax lien from the taxing authority and provide financing to the building owners to put towards an energy retrofit. The financings are repaid over the selected term (over the course of somewhere between 5 and 35 years) via an annual assessment on their property tax bill. PACE bonds can be issued by municipal financing districts, state agencies or finance companies and the proceeds can be used to retrofit both commercial and residential properties. One of the most notable characteristics of PACE programs is that it is not structured as a traditional loan, but rather a property tax special assessment and financing is attached to the property rather than an individual. A PACE contract runs with the land and is therefore said to be nonrecourse to the property owner.

PACE can also be used to finance third-party owned systems financed through leases and power purchase agreements (PPAs). In this structure, the PACE property tax assessment is used to collect a lease payment of services fee. The primary benefit of this approach is that the financing does not rely upon property owner credit and the project costs may be lower due to the provider retaining the tax incentives and passing the benefit on to the property owner as a lower lease or services payment.

PACE programs help cities reach climate goals and property owners pay for the upfront costs of green initiatives, such as solar panels, which the property owner then pays back through a special non-ad valorem assessment on the property. This special assessment is set in such a way that the loan is fully repaid with interest in a fully amortizing fashion over the 5-35 year term, similar to the way most fixed-rate mortgage contracts are structured in the U.S. This allows property owners to begin saving on energy costs while they are paying for their solar panels. This usually means that property owners have net gains even with increased property tax.

Voluntary assessments for repaying municipal bonds have been attached to property taxes since the early 1800s to fund projects for public good, such as sidewalks, fire stations, and street lighting. PACE uses the same concept, but for projects that benefit the private sector, or individual building owners. PACE was originally known as a "Special Energy Financing District" or "on-tax bill solar and efficiency financing."[citation needed] The concept was first conceived and proposed[citation needed] in the Monterey Bay Regional Energy Plan in 2005 but followed voter approval of a similar solar bonds program approved by San Francisco voters in 2001. The concept was designed to overcome one of the most significant barriers to solar and costly energy efficiency retrofits: up-front costs. A homeowner could spend tens of thousands of dollars on a solar photovoltaic system, upgrading windows to be more energy efficient or adding insulation throughout the home, yet all of these investments would not likely be recovered when the home was sold. PACE enables the homeowner to "mortgage" these improvements and pay only for the benefits they derive while they own the home.

The first PACE financing was implemented by Berkeley, California, led by Cisco DeVries, the chief of staff to Berkeley's mayor and then-CEO of RenewableFunding and Matthew Brown under the leadership of Dr. Kammen. University of California, Berkeley led the development of the program via the "Guide to Energy Efficiency & Renewable Energy Financing Districts for Local Governments" contributed by Cisco DeVries, Ann Livingston and Lestis Private Capital Group's Matthew Brown. The guide was funded through grants to the City of Berkeley from the U.S. Environmental Protection Agency. Berkeley's PACE program was recommended as an alternative to the solar bonds authority approved by neighboring San Francisco voters in 2001 in conjunction with the City's Community Choice Aggregation program, which is being implemented in both San Francisco and Sonoma counties. DeVries saw PACE as a way to provide a viable means to help achieve the Bay Area's climate goals. California passed the first legislation for PACE financing and started the BerkeleyFIRST climate program in 2008. Connecticut Green Bank established the first statewide program for commercial properties and Counterpointe established first statewide program for all properties in Florida. Since then, PACE-enabling legislation has been passed in all but 11 states allowing localities to establish PACE financing programs.

While commercial PACE has grown into a multibillion dollar industry, PACE financing for residential properties was dealt a serious blow in the US in 2010 when Fannie Mae and Freddie Mac refused to back mortgages with PACE liens on them. In August 2015, the Department of Housing and Urban Development (HUD) announced that it intends to require liens created by energy retrofit programs to remain subordinate to loans guaranteed by the Federal Housing Administration (FHA) and that it would be issuing guidance on how to handle the transfer and sale of homes with a PACE assessment. HUD clarified its policy in 2017 by stating properties with PACE obligations were ineligible for FHA financing.

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