Professional Documents
Culture Documents
OPPORTUNITY OVERVIEW
June, 2010
2
Contents
INTRODUCTION...........................................................................................................................3
CONCLUSION .............................................................................................................................11
PROGRAM CONCEPTS..............................................................................................................12
3
INTRODUCTION
In
July
2008,
California
ushered
into
effect
a
new
era
of
opportunity
for
clean
and
renewable
energy
financing
with
the
passage
of
Assembly
Bill
811
(“AB
811”).
This
legislation
allows
cities
and
counties
to
create
a
taxing
authority,
within
their
boundaries,
in
order
to
provide
funding
to
private
property
owners
for
specific
energy
efficiency
and/or
renewable
energy
improvements
to
their
private
property.
AB
474
expanded
this
authority
in
2009
to
provide
eligibility
for
water
efficiency
projects
as
well.
Funding
to
private
parties
is
repaid
through
a
contractual
assessment
on
the
improved
property.
The
AB
811
bill
summary
reads
as
follows:
“AB
811
would
authorize
all
cities
and
counties
in
California
to
designate
areas
within
which
willing
property
owners
could
enter
into
contractual
assessments
to
finance
the
installation
of
distributed
renewable
generation,
as
well
as
energy
efficiency
improvements,
that
are
permanently
fixed
to
the
property
owner's
residential,
commercial,
industrial,
or
other
real
property.
These
financing
arrangements
would
allow
property
owners
to
finance
renewable
generation
and
energy
efficiency
improvements
through
low-‐interest
loans
that
would
be
repaid
as
an
item
on
the
property
owner's
property
tax
bill.
The
contractual
assessments
could
not
be
used
to
finance
the
purchase
or
installation
of
appliances
that
are
not
permanently
fixed
to
the
real
property.”
(California
Public
Utilities
Commission
Published
Reports
2008)
To
date,
at
least
twenty
other
states
have
passed
similar
legislation,
with
several
more
under
negotiation.
Nationally,
this
type
of
financing
has
commonly
become
known
as
PACE,
Property
Assessed
Clean
Energy.
(www.pacenow.org)
These
programs
allow
local
municipalities
to
encourage
property
improvements
that
provide
energy
saving
technologies
and
features.
Funding
is
provided
to
property
owners
for
approved
technologies
and
authorizes
contractual
assessment
lien
placement
on
the
improved
property;
the
assessment
lien
remains
an
obligation
associated
with
the
property
upon
transfer.
This
structure
overcomes
the
two
greatest
deterrents
to
private
property
owners’
completion
of
energy-‐related
improvements
by
offering:
• Minimal
up-‐front
costs
• Repayment
obligation
stays
with
the
property
upon
sale
or
transfer
from
current
owner
Local
municipalities
are
given
the
right
to
provide
funds
directly
to
owners,
charge
interest
and
fees,
and
collect
the
repayment
via
semi-‐annual
property
taxes
(as
regularly
scheduled.)
4
5
3. Owner/occupant
will
enjoy
a
lower
cost
of
operating
expenses,
avoid
market
driven
spikes
in
energy
costs
and
an
increase
in
the
quality
of
inside
air
(dependent
upon
improvements
installed).
.
.
resulting
in
an
overall
increase
in
occupant
satisfaction
and
property
value.
4. As
a
major
U.S.
corporation
has
discovered
in
the
implementation
of
their
connected
workplace
initiative,
in
addition
to
the
cost
savings
and
expense
smoothing
benefits
of
“green”
energy,
occupants/workers
in
integrated
commercial
green
“project
buildings”
see
a
measurable
“increase
in
productivity,
collaboration
and
employee
satisfaction
while
reducing
real
estate
and
technology
costs”.
(Cisco
Systems,
Inc.,
“Cisco
on
Cisco
2009
“)
Benefits
to
All
Stakeholders:
Triple
Bottom
Line:
Environmental
Responsibility
Social
Equity
Economic
Benefit
All
will
benefit
from
the
increased
quality,
reduced
consumption,
and
net
savings
enjoyed
from
new
environmentally
friendly
sources
of
energy
and
other
installed
green
technologies.
THE
PROGRAM
Our
team
will
design,
launch,
fund,
manage,
and
administer
the
Program.
In
order
to
fund
the
payments
to
property
owners,
we
will
utilize
funds
from
our
capital
partners,
professional
managers,
or
capital
markets.
Four
key
aspects
to
ensure
the
ongoing
use
and
relevance
of
the
Program
are:
Structure,
Scheduling,
Accountability
and
Scalability.
Structure of
the
Program
ensures
that
projects,
procedures,
standards
and
guidelines
are
documented
and
consistent
for
all
participants.
A
well-‐structured
Program
also
enjoys
greater
market
acceptance
and
will
result
in
attractive
financing
options.
Scheduling provides
financing
team
members
and
participating
stakeholders
with
timelines
for
key
tasks
related
to
program
development,
implementation,
funding,
and
ongoing
administration.
6
Accountability
holds
financing
team
members,
property
owners,
contractors,
vendors,
and
city
staff
responsible
for
completion
of
specific
items
on
the
schedule.
Similarly,
tracking
of
appropriate
property
improvements
provides
ongoing
information
to
investors
that
require
security
assurance
related
to
providing
capital.
Scalability
provides
for
the
ability
to
duplicate
processes
and
procedures
across
increasing
numbers
of
participants
over
time.
A
properly
designed
program
can
be
replicated
in
other
jurisdictions
and
provides
flexibility
to
incorporate
additional
financing
sources,
technologies,
and
projects
as
the
Program
evolves.
As
Program
Manager,
we
will
become
both
the
administrator
and
a
wholesale
supplier
of
capital
to
California
municipalities.
Through
our
funding
sources
and
team
of
LEED
AP’s
(Leadership
in
Energy
and
Environmental
Design
Accredited
Professionals),
we
will
be
the
first
competitor
in
this
market
to
provide
turnkey
solutions
to
municipalities
that
includes
all
aspects
of
design,
education
and
immediate
access
to
capital.
Others
programs
have
been
launched
with
the
promise
of
raising
money
through
municipal
bond
placements
or
securing
a
line
of
credit.
With
the
exception
of
the
locally
funded
Programs
(Sonoma
County,
Palm
Desert,
Yucaipa)
these
Programs,
to
date,
have
resulted
largely
in
a
feast
or
famine
situations
–
that
is,
when
there
are
funds
available
there
is
a
rush
of
projects
seeking
funding
and
then
when
those
funds
are
all
committed,
there
is
a
famine
again
with
projects
waiting
for
the
next
capital
infusion.
Our
solution
will
provide
ongoing
funding
to
assure
qualified
projects
continue
to
receive
funding
regardless
of
timing
of
submission.
Similarly,
additional
municipalities
will
be
able
to
join
existing
Programs
or
start
new
ones
based
on
the
same
availability
of
funding
and
management.
Please
see
the
following
diagram
for
an
illustration
of
the
interaction
between
participants
related
to
funding
property
improvements
through
our
Program.
7
As
Program
Manager,
PACE
America
is
responsible
for
all
interaction
with
the
municipality
for
implementation,
administration
and
funding
of
the
Program.
These
Program
functions
include:
• Program
design
and
launch
-‐
documentation
of
eligible
projects
and
allowable
financing
terms
-‐
minimum
and
maximum
funding
amounts
-‐
application
processing
procedures
-‐
Program
Handbook
-‐
County/City
responsibilities
defined
• Legal
documentation
assistance
to
assure
prompt
validation
action
for
funding
• County
/City
staff
and
supervisors
/
council
liaison
• Support
for
any
required
election
proceedings
• Marketing
program
design
&
support
8
In
order
to
effectively
structure
and
document
the
program,
additional
financing
team
members
would
be
selected.
We
will
work
with
the
individual
municipalities
to
make
certain
that
our
selections
are
aligned
with
preferences
of
the
municipalities.
We
would
anticipate,
at
a
minimum,
engagement
of
the
following
professionals
(along
with
their
respective
roles):
9
FINANCING
CONSIDERATIONS
Our
team
is
prepared
to
implement
a
completely
turnkey
program
for
cities
and
counties.
The
Program,
as
we
envision
it,
will
consist
of
one
or
more
contractual
assessment
program
jurisdictions.
Property
owners
within
the
jurisdictions
will
be
able
to
finance
energy
and
water
efficiency
improvements,
based
upon
completed
energy
audits,
with
funding
that
will
be
repaid
over
the
course
of
up
to
twenty
(20)
years
through
contractual
assessments
on
their
property
tax
bills.
In
order
to
qualify
for
funding
the
property-‐owner
will
have
a
preliminary
energy
audit
to
identify
appropriate
improvements
and
their
relative
benefits;
thus,
providing
opportunities
to
encourage
deeper
whole-‐house
energy
projects.
These
audits
will
be
provided
at
a
nominal
fee
to
assure
property
owner
commitment.
Audit
fees
will
be
reimbursable
through
project
financing
if
desired
by
the
property
owner.
Funding
will
be
provided
through
the
most
cost
effective
of
the
following:
(i)
funded
directly
at
the
time
of
project
completion
through
issuance
of
mini
bonds
by
the
City
(or
other
municipal
entity)
that
will
receive
funding
from
a
direct
lending
facility
or
private
fund,
or,
(ii)
public
bond
sale
to
fund
the
purchase
of
aggregated
mini-‐bonds
based
upon
approved
assessment
projects.
The
contractual
assessments
paid
by
the
property
owners
will
service
the
debt
on
the
bonds,
fund
a
reserve
account,
and
cover
annual
administration
costs
of
the
Program.
No
municipal
credit
support
or
debt
service
obligation
will
be
required.
While
the
actual
financing
could
take
different
forms,
we
envision
utilizing
the
following
methods
for
pooling
the
assessments.
At
the
Program
level,
likely
through
a
Joint
Powers
Authority,
a
“warehousing”
bank,
revolving
fund,
or
private
equity
fund
would
provide
funding
immediately
upon
approved
project
completion
to
contractors.
Upon
reaching
targeted
aggregate
amounts,
the
entire
pool
of
assessments
will
be
sold
either
through
public
sale
or
private
placement
as
taxable
bonds
secured
by
the
contractual
assessment
obligations.
10
As
a
result
of
the
continued
economic
downturn,
most
of
the
cities
and
counties
are
without
excess
capital
for
such
programs.
These
municipalities
should
welcome
a
ready
source
of
capital
that
promotes
economic
prosperity
and
energy
efficiency
within
their
political
borders.
Because
the
funding
is
secured
by
assessment
lien,
underwriting
standards
are
expected
to
be
held
to
a
minimum,
but
will
likely
include
the
following:
• Property
owners
must
be
listed
on
the
tax
roll
• Property
must
be
located
in
the
program
boundaries
• Property
tax
payments
must
be
current
• Mortgage
payments
must
be
current
• Existing
property
liens
must
not
exceed
value
(property
is
not
upside-‐down)
• Consent
of
existing
mortgage
holder
for
commercial
properties
• Assessment
amount
to
value
is
acceptable
• Improvements
must
be
appropriate
and
approved
by
Program
prior
to
funding
11
CONCLUSION
PACE
America’s
team
has
built
out
a
comprehensive
slate
of
services
and
funding,
including
private
capital,
which
is
looking
forward
to
having
an
opportunity
to
invest
in
these
Programs.
We
believe
the
Program
model
and
funding
solution
identified
will
provide
significant
value
to
participating
jurisdictions.
Our
approach
works
equally
well
for
existing
Programs
and
jurisdictions
that
have
not
yet
begun.
By
layering
our
financing
capacity
over
an
already
established
Program
model,
we
will
be
able
to
provide
consistent
funding
and
management
relief
to
the
jurisdiction
and
its
constituents.
For
new
Programs,
we
are
able
to
employ
our
team
of
professionals
to
provide
a
turnkey
solution.
CONTACT INFORMATION
Laura
Franke
Principal
Clean
Energy
Advocates,
Inc.
1223
Wilshire
Boulevard
#310
Santa
Monica,
CA
90403
310.560.1548
Office
310.892.0177
Cell
lfranke@ceadvocates.com
12
PROGRAM
CONCEPTS
Approved
Improvement
Property
improvements
that
are
approved
for
funding
through
the
Program.
The
approval
will
be
given
by
program
management
to
the
property
owner
upon
preliminary
approval
of
the
amount
requested
and
verification
of
the
improvements’
eligibility
and
appropriateness
for
the
property.
Mini-‐Bonds
Each
property
owner
lien,
at
the
time
of
funding,
is
evidenced
by
the
sale
of
a
mini-‐bond
by
the
municipality
(or
JPA)
to
the
warehouse
lender.
The
warehouse
lender
holds
the
mini-‐bonds
until
they
are
securitized
to
and
taken
out
by
another
investor.
Program
Manager/
Funding
PACE
America
has
built
a
team
of
professionals
to
provide
the
comprehensive
services
needed
by
a
municipality
to
initiate
and
operate
a
successful
Program.
Municipality
involvement
will
be
minimally
required
at
the
discretion
of
staff
and
elected
officials.
Program
Requirements
Each
Program
has
the
ability
to
define
the
improvements
eligible
for
funding,
prioritization
of
projects,
and
identification
of
appropriate
loading
order
to
incentivize
appropriate
improvements.
Some
improvements
may
be
eligible
for
funding
contingent
upon
other
improvements
being
completed
as
well;
i.e.
leaky
roof
must
be
fixed
prior
to
installation
of
solar
panels.
Energy
Audit
-‐ Pre
Improvement
A
pre-‐improvement
property
evaluation
will
be
prepared
prior
to
funding
approval
in
order
to
verify
the
appropriateness
and
eligibility
of
projects
requested
for
funding.
This
evaluation
will
determine
the
“approved
improvements.”
-‐ Post
Improvement
A
post-‐improvement
property
evaluation
will
be
prepared
prior
to
the
release
of
funds
to
assure
that
the
approved
improvements
have
been
made
and
appropriately
installed.
Revolving
Fund
A
revolving
fund
exists
as
the
aggregation
point
for
all
funding
originated
by
the
Program.
The
revolving
fund
can
receive
funding
from
the
warehouse
line
to
provide
fund
as
provided
to
the
property
owner.
The
revolving
fund
may
receive
funding
from
different
sources
over
time
in
order
to
maintain
consistent
capacity
to
lend.
Similarly,
assessment
repayments
go
back
to
the
revolving
fund
to
provide
a
sustainable
source
of
funds
from
internal
(repayments)
as
well
as
external
(warehouse)
sources.
13
Take-‐Out
At
such
time
as
the
warehouse
line
holds
a
significant
amount
of
mini-‐
bonds
that
have
funded
individual
property
owner
assessments,
the
mini-‐bonds
will
be
securitized,
or
bundled,
into
a
larger
bond
($10-‐50
million)
that
will
then
be
sold
to
an
investor.
This
take
out
is
handled
by
the
PACE
America
team
and
will
not
impact
the
underlying
assessments
or
their
repayment
terms.
Underwriting
Requirements
In
order
to
approve
the
individual
property
owner
funding
applications,
certain
requirements
will
need
to
be
met
in
order
to
meet
credit
security
standards,
these
are
called
underwriting
requirements.
These
are
likely
to
include
the
following:
• Validation
action
completed
• Program
Managed
by
PACE
America
• Property
owner
verified
on
tax
roll
• Property
located
in
Program
eligible
boundaries
• Property
taxes
are
current
• Mortgage
is
current
• Existing
property
liens
do
not
exceed
current
assessed
value
• Consent
of
existing
mortgage
holder
for
commercial
properties
• Assessment
to
value
is
acceptable
• Improvements
are
appropriate
and
approved
by
Program
• Notice
of
lien
required
upon
transfer
of
Property
Warehouse
Line
Warehouse
line
or
refers
to
the
initial
funding
provided
to
purchase
the
mini-‐bonds,
as
issued
in
amounts
to
fund
individual
property
owner
improvements.
This
warehouse
lender
is
investing
short
term,
relatively
small
amounts,
and
will
expect
to
have
the
assessments
packaged
and
resold
in
a
“take
out”
at
some
point
in
the
future.
Having
a
warehouse
line
is
vital
to
being
able
to
fund
assessments
on
an
ongoing
basis
instead
of
having
to
wait
for
the
issuance
of
a
larger
bond
by
the
municipality.
The
warehouse
provider
can
be
a
bank,
private
equity,
mutual
fund,
other
institutional
lender,
or
the
underlying
municipality.