PACE (property-assessed clean energy) programs that were alive in no fewer than twenty-seven states before they were killed by the overlords of Fannie Mae and Freddie Macnow have a chance of being reborn. PACE, you'll remember, are programs in which local government bodies fund, through private investment, energy efficiency and renewable energy improvements on residential and commercial properties; owners then repay the government body through property tax assessments over twenty years, with new owners becoming responsible for unpaid balances on the assessments. In this way, homeowners can have solar arrays, for example, installed with no upfront cost.
A bill was recently introduced in the U.S. House of Representatives aimed at satisfying the concerns of the Federal Housing Finance Agency (FHFA), which effectively strangled PACE programs last year over concerns about superiority of liens. FHFA was, and is, worried that the lien associated with the mortgage would take second place to the lien belonging to PACE money. This, they thought, would jeopardize the bank's chances of repayment in the event of default. The huge error in this line of thought is that PACE programs aren't loans at all, but tax obligations. And the most innovative and popular method we've seen for financing rooftop solar atrophied for a full year because of this error.
Hope, as they say, springs eternal, and you know where. The new, very bipartisan bill - the PACE Protection Act of 2011 (HR2599) would prevent the FHFA from adopting policies that work against local PACE laws, so long as certain provisions applied to applicants, e.g:
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