Contractual Assessments, Energy Efficiency Improvements: California AB 811 (PACE Legislation)

Contractual Assessments, Energy Efficiency Improvements: California AB 811 (PACE Legislation)

Property Assessed Clean Energy (PACE) programs are a financing tool used by local governments to loan funds to property owners for energy efficiency measures and energy improvements/retrofits such as renewable energy systems (e.g., solar panels and small wind turbines).  The PACE loan repayment obligation attaches to the property via an added property tax assessment instead of to the individual who initially received the PACE financing.  In most cases, the state legislature must allow its cities and counties (municipalities) to form a special tax/assessment district to finance energy improvements/retrofits on private property.  In states that do not authorize PACE programs, municipal leaders interested in PACE financing should encourage their state government to pass PACE-enabling legislation.  California’s PACE-enabling legislation is a good example of this type of legislation.

On July 21, 2008, Governor Arnold Schwarzenegger signed into law California Assembly Bill 811 (AB 811), Contractual Assessments: Energy Efficiency Improvements, which enables California cities and counties to pay for clean energy and/or energy efficiency projects with PACE financing arrangements. AB 811 authorizes California municipalities to designate areas within which qualifying property owners can enter into contractual assessments with the municipality to finance the installation of small renewable energy systems and/or energy efficiency improvements that are permanently fixed to the property owner's real property. The loans provided by California municipalities to qualifying property owners for renewable energy generation and energy efficiency improvements will be repaid as an item on the property owner's property tax bill. AB 811 does not authorize the PACE financing of parcels that are undergoing development or the purchase or installation of equipment that is not permanently fixed to the real property.  
 
Additional PACE resources, including a PACE State Legislation Battle Toolkit, can be found at www.pacenow.org.

 

Any change to an existing facility, such as the adjustment, connection, or disconnection of equipment.Energy that comes from sources that are not depleted by use. Examples include energy from the sun, wind, and small (low-impact) hydropower, plus geothermal energy and wave and tidal systems.Either a product formulated from multiple materials (e.g., concrete) or a product made up of subcomponents (e.g., a workstation).Energy efficiency is the process of using less energy to produce the same or increased functions. Often used mistakenly as a synonym for ENERGY CONSERVATION. The ability or potential of a physical body to do work. The most common forms of energy are heat, light, mechanical (moving parts), and electrical.

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