KENNEBUNK — In the future, Kennebunk voters may get a chance to decide if they want their town to adopt a Property Assessed Clean Energy ordinance. But it won’t be in November.
At a public hearing on Tuesday night, selectmen voted to table the issue, missing the deadline for inclusion on the November ballot and delaying the possible adoption of a PACE ordinance until at least a June 2011 vote.
PACE is a program approved by the state Legislature last fall, which makes it possible for a homeowner to take out a loan for home improvements that will show energy savings, and for that loan to be transferred from the first homeowner to a subsequent purchaser of the property. Home energy improvements can include insulation, air leak sealing, home heating systems and windows.
To qualify for the loan, a customer’s property must be located in a municipality that has adopted a PACE ordinance.
The program is being administered by Efficiency Maine, which has been attempting to convince municipalities across the state to pass such ordinances. Efficiency Maine has drafted its own model ordinance that it hopes will be adopted by towns interested in participating in PACE.
“It’s a very easy way for homeowners to participate in the weatherization program,” said PACE Program Specialist Dana Fischer, Tuesday. “Old Town has adopted the ordinance, and I know that Hampden is close behind in adopting it.
“We’ve had a tremendous response so far,” said Fischer, saying that Portland, South Portland, Saco, Presque Isle and Fryeburg have all expressed interest in drafting Efficiency Maine’s model ordinance. “People are really looking forward to getting this in the books.”
Kennebunk, however, is being cautious.
Members of the town’s Energy Efficiency Committee were on hand to discuss the proposed ordinance, and while the committee supports the concept behind the PACE program, the wording of Efficiency Maine’s draft ordinance prompted them to suggest to selectmen that the town not rush into anything.
“This committee has worked very, very hard and brought the PACE program to you because we believe strongly that this program needs to be made available to the Town of Kennebunk,” said Energy Efficiency Committee member Sharon Staz. “What’s before you is the Efficiency Maine ordinance, and that’s the issue. We like our (proposed) ordinance better.”
The committee’s reservations about the Efficiency Maine ordinance stem from language regarding liens. According to the Efficiency Maine website, “Outside of Maine, most people define a PACE loan as a loan that is secured by creating a senior (or ”˜priority’) lien collected through municipal property tax collection. In passing LD 1717 to authorize PACE loans in Maine, the state legislature decided not to authorize putting priority PACE liens ahead of home mortgages and other liens. Rather, a PACE loan in Maine is secured by recording a subordinate (or ”˜junior’) lien in the registry of deeds. This is an important distinction, since the mortgage industry has expressed its opposition to using PACE liens in a priority position.”
Energy Efficiency Committee Chairman Sassy Smallman said she has monitored the language of the model ordinance being proposed by Efficiency Maine and became concerned that the wording, particularly as it pertained to liens, kept changing.
“There are so many questions and so much confusion,” said Smallman, Tuesday. “Since we started this process, which was months ago, the ordinance has been modified on several occasions and continues to be modified. I think it’s important that this ordinance be phrased appropriately. What we say could serve as templates for towns and municipalities all over the state.”
Selectmen Chairman Al Searles suggested a workshop in early September in which members of the Energy Efficiency Committee and other concerned parties can brainstorm the exact language of the ordinance.
Since Aug. 10 was the deadline for inclusion of the issue on the November ballot, Kennebunk residents will have to wait until at least June 2011 before they are able to vote on it.
Searles acknowledged the frustration a delay might cause, adding, “I just don’t want it to drag on forever.”
— Staff Writer Jeff Lagasse can be contacted at 282-1535, Ext. 319, or at jlagasse@journaltribune.com.
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