35-A §10151. Short title

§10151. Short title This chapter may be known and cited as “the Property Assessed Clean Energy Act” or “the PACE Act.”   [PL 2009, c. 591, §1 (NEW).] SECTION HISTORY PL 2009, c. 591, §1 (NEW).

35-A §10152. Declaration of public purpose

§10152. Declaration of public purpose It is declared that the establishment and implementation of property assessed clean energy, or PACE, programs to finance energy savings improvements are public purposes.   [PL 2009, c. 591, §1 (NEW).] SECTION HISTORY PL 2009, c. 591, §1 (NEW).

35-A §10153. Definitions

§10153. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2009, c. 591, §1 (NEW).] 1.  Energy savings improvement.  “Energy savings improvement” means an improvement to qualifying property that, as determined by the trust, is new and permanently affixed to qualifying property and that: […]

35-A §10154. PACE programs

§10154. PACE programs 1.  Establishment; funding.  The trust or a municipality that has adopted a PACE ordinance may establish a PACE program funded by funds awarded to the State under the federal Energy Efficiency and Conservation Block Grant Program or by any other funds available for this purpose. Notwithstanding any other provision of law, after […]

35-A §10155. Consumer underwriting and disclosure

§10155. Consumer underwriting and disclosure 1.  Underwriting.  A PACE agreement entered into pursuant to a PACE program must comply with underwriting requirements established by rule by the trust. In adopting such rules, the trust shall seek advice from the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection and consumer credit industry stakeholders. […]

35-A §10156. PACE mortgages; collection of PACE assessments; priority

§10156. PACE mortgages; collection of PACE assessments; priority 1.  Collection of assessments.  PACE assessments do not constitute a tax but may be assessed and collected by the trust, a municipality or an agent designated by the trust or a municipality in any manner allowed under the PACE program, consistent with applicable laws.   [PL 2009, […]

35-A §10157. Property owners

§10157. Property owners 1.  Purchase of goods and services.  A property owner who has entered into a PACE agreement under this chapter may purchase directly all goods and services for the energy savings improvements described in the PACE agreement, subject to vendor certification by the trust and other requirements of the trust. Goods and services […]

35-A §10158. Annual report

§10158. Annual report The trust shall report annually on the implementation of this chapter as part of the report required under section 10104, subsection 5.   [PL 2009, c. 591, §1 (NEW).] SECTION HISTORY PL 2009, c. 591, §1 (NEW).

35-A §10159. Rulemaking

§10159. Rulemaking Rules adopted under this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 591, §1 (NEW).] SECTION HISTORY PL 2009, c. 591, §1 (NEW).

35-A §10160. Construction; home rule

§10160. Construction; home rule Nothing in this chapter may be construed to limit the home rule authority of a municipality.   [PL 2009, c. 591, §1 (NEW).] SECTION HISTORY PL 2009, c. 591, §1 (NEW).

35-A §10161. Construction; carbon emissions reductions

§10161. Construction; carbon emissions reductions Nothing in this chapter is intended to or may be construed to constitute a mandate that would prevent the sale of carbon emissions reductions into a voluntary carbon market.   [PL 2009, c. 591, §1 (NEW).] SECTION HISTORY PL 2009, c. 591, §1 (NEW).

35-A §10162. Conformity to changed standards

§10162. Conformity to changed standards If standards are adopted by any state or federal agency subsequent to a municipality’s adoption of a PACE ordinance or participation in a PACE program and those standards substantially conflict with the municipality’s manner of participation in the PACE program, the municipality shall take necessary steps to conform its participation […]