There have been MANY developments related to Property Assessed Clean Energy (PACE) programs in recent weeks-- and they are happening on multiple fronts, described below. Much of this stems from the PACE shut-down triggered by the Federal Housing Finance Administration (see e-news Issue #19). On the legal front: -- California Attorney General filed suit against FHFA July 14, 2010 -- Sonoma County Filed suit against FHFA July 26, 2010 -- Sierra Club filed suit against FHFA July 29, 2010 -- Babylon, NY has stated that they will pursue legal action. -- The court has ruled that the cases are related and the first court date is scheduled for early November for Case Management. On the legislative front: Federal -- Thompson Bill HR 5766 would require FHFA, Fannie Mae and Freddie Mac to recognize the PACES as tax liens and prohibits changes in underwriting standards for communities with PACE Programs. -- Boxer Bill S. 3642 would require Fannie Mae and Freddie Mac to facilitate the use of PACE financing in their underwriting. State -- Blakeslee AB 44 This bill would allow for the financing of solar systems that are installed pursuant to a third party power purchase agreement. Administrative solutions to the PACE challenges: Various members of Congress, both individually and collectively, as well as the White House, have sought to put pressure on FHFA to reach an administrative solution. A committee comprised of Representatives' Pearlmutter, Matsui, Thompson, Israel and Sarbanes have worked with the White House in discussions with FHFA, OCC and other federal officials to attempt to reach a satisfactory resolution that would allow PACE to proceed without unreasonable consequence from the Housing Authorities to property owners and communities who participate in PACE financing. More recently these discussion have included Treasury Secretary Timothy Geithner, Federal Reserve Chairman Ben Bernanke and White House Chief of Staff Rahm Emanuel. California Energy Commission grants: Recently the California Energy Commission withdrew all grant awards and the related grant solicitation of over $30 million in ARRA funds that had been awarded for California PACE programs. The CEC is currently working to allocate that funding given the current situation with FHFA. Status of PACE programs in California and beyond: Placer County: suspended residential program, continuing non-residential program. Sonoma County: continuing full program including both residential and non-residential. Most other California programs on hold, at least temporarily. Boulder County, Colorado: suspended residential program, continuing non-residential program. Babylon, NY: Continuing full program. |