July 18, 2010
by Jeffrey Tomich, StlToday.comIs Missouri's newest and boldest initiative to encourage energy savings doomed before it takes root?
Gov. Jay Nixon signed a bill on Monday enabling Property Assesses Clean Energy (PACE) programs, which allow cities and counties to issue bonds to help home owners finance energy efficiency upgrades or solar panel installation. Money from the bond sales is lent to property owners, who repay it over a period of up to 20 years through special property tax assessments.
PACE laws have been adopted in 22 states as a way to cut energy use and create jobs by making it easier for homeowners to cut energy use and shrink utility bills.
But Fannie Mae and Freddie Mac, which own or guarantee more than half of the mortgages in the U.S., have been directed to steer clear of PACE loans by their regulator, the Federal Housing Finance Agency. The Office of the Comptroller of the Currency, which regulates national banks, and the Mortgage Bankers Association have expressed similar concerns.
The issue: Like property taxes, PACE liens take priority over mortgages. That makes the bonds easier for municipalities to sell. But if a home is foreclosed on, the liens are paid before the mortgage lender can recoup any money.
That fact has spooked mortgage giants and FHFA, which said in a July 6 letter that PACE loans "pose a significant risk to lenders" and "are not essential for successful programs to spur energy conservation."
The position in effect shut down PACE programs across the country.
California, which pioneered PACE financing, is fighting back. The state's attorney general sued Fannie, Freddie and FHFA on Wednesday, claiming their opposition is threatening jobs and access to federal funding.
In Missouri, energy efficiency advocates acknowledge the uncertainty surrounding PACE but are working to roll out programs anyway, hoping the conflict is resolved.
On Friday, energy advocacy group Renew Missouri held a PACE implementation training conference in Columbia for about 100 energy auditors, solar installers and local government officials.
"Our view is that these concerns and problems will be resolved," said Byron DeLear, a founding partner of Energy Equity Funding LLC, a company that hopes to administer PACE programs in the state.
DeLear also heads the Missouri Association of Accredited Energy Professionals, a year-old state association of energy auditors and contractors. MAAEP helped push PACE legislation in Jefferson City and has a lot riding on the success of the programs.
PACE is expected to spur millions of dollars in efficiency and renewable energy upgrades across the state. That could mean hundreds of new jobs for energy auditors, contractors and home remodelers.
DeLear projects that 80 percent of PACE loans in Missouri will be used to finance energy efficiency projects averaging about $5,000. The rest will also incorporate renewable energy systems such as solar panels with those projects averaging about $25,000. Statewide, the average PACE loan would be about $9,000, he estimates.
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