Municipal Energy Financing in the United States John Farrell, Director Energy Self-Reliant States and Communities program [email protected]612.276.3456 x210 Adapted from a presentation to the Smart Energy Dialogue Berlin | June 9, 2010 Property Assessed Clean Energy (PACE) Photo credit: Flickr user OZinOH
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Municipal Energy Financing in the United States
John Farrell, DirectorEnergy Self-Reliant States and Communities program
• 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
PACE Status (2010)Potential
PACE Programs
Utility EnergyEfficiency Programs
$0 $1,000 $2,000 $3,000 $4,000
$3,600
$40
Spending in 2009
PACE Status (2010)
Millions
Potential
PACE Programs 2010
PACE Programs 2011
Utility EnergyEfficiency Programs
$0 $1,000 $2,000 $3,000 $4,000
$3,600
$600
$300
Future Spending?
PACE Potential
Millions
Potential
Challenges & Solutions• Challenge: Fannie Mae objects• Solutions• Lawsuits• Legislation• Alternatives• Challenge: Participation v. Energy Savings
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
Lender Letter LL-2010-06May 5, 2010
TO: All Fannie Mae Single-Family Sellers and Servicers Property Assessed Clean Energy Loans
Issue: Fannie Mae ObjectsChallenges & Solutions
1. We don’t come second.2. This isn’t a public good.3. “We’re buried in a subprime mess. Nothing new,
please.”
Lender Letter LL-2010-06May 5, 2010
TO: All Fannie Mae Single-Family Sellers and Servicers Property Assessed Clean Energy Loans
Issue: Fannie Mae ObjectsChallenges & 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
Challenges & Solutions
• 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.