Kristen M. Boike Feed

Commercial Property Assessed Clean Energy (PACE) Financing

By Donald I. Resnick, Kristen M. Boike and Lynn S. Fradkin

Commercial Property Assessed Clean Energy (PACE) financing is an innovative program designed to incentivize commercial businesses to undertake green efforts.  By utilizing PACE financing, governmental bodies encourage commercial entities to invest in improvements or technologies that will save energy, produce renewable energy, and/or, in some states, conserve water.  This concept is growing in popularity because it is a creative method to efficiently and effectively provide capital for sustainability projects.

How Does Commercial PACE Financing Work?

A potential borrower interested in securing commercial PACE financing must first determine whether the state in which the project is located has passed commercial PACE financing enabling legislation and, if so, whether the applicable municipality or county has established a program for which the project qualifies.  A state must pass authorizing legislation to enable a governmental entity or other inter-jurisdictional authority to form a special tax district or special assessment district to operate a commercial PACE program.  This is a key feature of the PACE financing model because the model requires the imposition of assessments or special taxes against the property that benefits from such improvements.

PACE enabling legislation has already been adopted in 32 states,1 including Illinois, California, and New York, as well as the District of Columbia.  Once the state legislation has been passed, a program sponsor (a state, consortium of governmental entities, or a single local governmental body) must design and implement a commercial PACE program to achieve its objectives, which may include economic and workforce development and greenhouse gas reduction targets.  Accordingly, there may be numerous programs within a particular state, each with its own customized parameters.  For example, in California there are 11 different commercial PACE programs2 and, as a result, PACE financing is available in most California municipalities.3

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Corporate Environmental Lawyer celebrates five years of blogging with a new design!

In honor of the fifth anniversary of our entry into the blogosphere, we are excited to announce a major revamp of the Corporate Environmental Lawyer’s design. In addition to the blog’s sophisticated new look, our readers will enjoy:

  1. Mobile and tablet responsive technology
  2. A trending-categories cloud list
  3. Easy-to-use social sharing buttons
  4. Streamlined navigation menus

  5. Access to all five years of posts

In the five years since our Environmental and Workplace Health & Safety (EHS) practice created the Corporate Environmental Lawyer, we have written more than 500 posts, provided critical updates and insights on issues across the EHS legal sectors, and been ranked among LexisNexis’s top 50 blogs. As we wish to continue to grow the blog and provide our readers with the information they want to know, Corporate Environmental Lawyer editors, Steven M. Siros and Genevieve J. Essig, encourage you to participate by suggesting new topics.  We look forward to continuing to provide content covering the issues that are driving changes in environmental law.

Energy Efficiency Improvement Act of 2015

Boike_Kristen_COLORBy Kristen M. Boike

 

President Obama signed the bipartisan Energy Efficiency Improvement Act of 2015 on April 30, 2015 (the “Act”), which encourages energy and water efficiency through a variety of measures.  Authored by U.S. Senators Rob Portman, an Ohio Republican, and Jeanne Shaheen, a New Hampshire Democrat, Bill S. 535 was passed by the Senate on March 27, 2015 and by the House on April 21, 2015.

The Act is comprised of three separate sections: the Better Buildings Act of 2015, Grid-Enabled Water Heaters, and Energy Information for Commercial Buildings, and includes, among other things, the following:

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