1) Municipal energy financing, also known as Property Assessed Clean Energy (PACE) programs, allow homeowners to finance energy improvements through assessments on their property tax bills. 2) PACE programs have faced objections from Fannie Mae and Freddie Mac due to the senior lien status of PACE assessments. 3) Solutions to overcome the objections have included lawsuits against Fannie Mae and Freddie Mac, legislation to require them to accept PACE loans, and alternatives like on-bill financing or junior lien structures.

1. Municipal Energy Financing
a.k.a. Property Assessed Clean Energy (PACE)
John Farrell
Institute for Local Self-Reliance
Presentation to the Southwest Renewable Energy Conference (SWREC)
Santa Fe| September 14, 2010

2. New Rules Project @ ILSR
• Public Broadband
• Local Banking
• Independent Retail
• Community Energy
www.muninetworks.org Energy Self-Reliant States
@ Inst. For Local Self-Reliance

3. Municipal Energy Financing
• Overview
• Rationale
• Potential
• Issues
Municipal Energy Financing: Lessons Learned
http://bit.ly/munienergyfinance
Municipal Energy Financing
@ SWREC

4. Overview
Sells bonds
Installs energy
efficiency
improvements and on-
site renewable energy
Pays for property
improvements
Pays with long-term
property tax
assessment
Assesses property for
cost plus interest
Municipal Energy Financing
@ SWREC

5. Rationale: Financing Mismatch
Average time in one residence:
5-6 years 5-6 years
Finance terms:
10-15 years
5-6 years
Municipal Energy Financing
@ SWREC

6. Solution: Property Tied Financing
Long-term financing stays with property
5-6 years 5-6 years
10-15 years
Municipal Energy Financing
@ SWREC

7. Rationale: Information Disjointed
State Utility
rebate rebate
Utility
audit
Energy
Nonprofit Star rating
energy
guide Federal tax
credit
Municipal Energy Financing
@ SWREC

8. Solution: One-stop Shop
Utility
State
PACE
program
Federal
Nonprofit
Municipal Energy Financing
@ SWREC

9. PACE Process
Information Energy
PACE program advertised Sign-up
sessions audits
Municipal Energy Financing
@ SWREC

10. PACE Process
Retrofit
y Retrofit Owner pays assessment,
completed,
s contract enjoys energy savings
City pays
Municipal Energy Financing
@ SWREC

11. PACE Status
• 22 states
• 4 established municipal programs
– Almost $40 million spent
– 2,000 properties served
Legend
Recently enacted
PACE laws
Pre-2009 statutes
supporting PACE
Municipal Energy Financing
@ SWREC

12. PACE Status
Spending in 2009
PACE Programs $40
Utility Energy Efficiency Programs $3,600
$0 $1,000 $2,000 $3,000 $4,000
Millions
Municipal Energy Financing
@ SWREC

13. 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
Municipal Energy Financing
@ SWREC

14. 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

15. 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.”
Municipal Energy Financing
@ SWREC

16. Solution #1: Lawsuits
• FHFA, Fannie, & Freddie sued by:
– California Attorney General
– Sierra Club
– Sonoma County, CA
– Town of Babylon, NY
Municipal Energy Financing
@ SWREC

17. Solution #2: Legislation
• The PACE Assessment Protection Act of 2010
– 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.
Municipal Energy Financing
@ SWREC

18. 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
Municipal Energy Financing
@ SWREC

19. 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?
Municipal Energy Financing
@ SWREC

20. Solution #3: Alternatives
• Subsidized home retrofits
– E.g. weatherization
• Drawbacks
– Who pays for subsidy?
Municipal Energy Financing
@ SWREC

21. Solution #3: Alternatives
• Loan loss reserves
– Can insulate lender
• Drawbacks
– Who pays for reserve?
• DOE webinar on Monday
– http://tinyurl.com/37wt6o9
Municipal Energy Financing
@ SWREC

22. Solution #3: Alternatives
• Loan insurance
– Insulates lenders
– Low cost
• Drawbacks
– Offered to FHFA, but rejected
– No private market right now
Municipal Energy Financing
@ SWREC

23. Thank you!
John Farrell
• www.newrules.org
• jfarrell@ilsr.org
• http://twitter.com/johnffarrel
l
*New*
Community Solar Power:
Obstacles and Opportunities
Municipal Energy Financing: Lessons Learned
http://bit.ly/munienergyfinance