Agenda Item 9
June 14,2016
Public Hearing
MEMORANDUM
June 10,2016
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attomeycyjfv,~)J\Uj
Public Hearing:
Bill 18-16, Commercial Property Assessed Clean Energy
Program - Amendments
Bill 18-16, Commercial Property Assessed Clean Energy Program - Amendments, sponsored by
Lead Sponsor Council President on behalf of the County Executive,
was
introduced on April
19,
2016.
A
Transportation, Infrastructure, Energy and Environment Committee worksession is
tentatively scheduled for June 23 at 9:30 a.m.
Bill 18-16 would:
• amend the definition for commercial property;
• require a third-party lender to record the loan in the County land records;
• modify certain eligibility requirements for a loan under the program; and
• generally amend County law regarding the Commercial Property Assessed Clean Energy
Program.
This packet contains:
Bill 18-16
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact statements
Circle
#
1
5
7
8
F:\LAW\BILLS\1618 Commercial PACE-Amendments\PH Memo.Docx
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Bill No.
18-16
Concerning: Commercial
ProDertv
Assessed Clean Energy Program ­
Amendments
Revised:
4/14/2016
Draft No. 1
Introduced:
April 19, 2016
Expires:
October 19, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date:
--!..!.No=n~e,-----:-
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN
ACT to:
(1) amend the definition for commercial property;
(2) require a third-party lender to record the loan in the County land records;
(3) modify certain eligibility requirements for a loan under the program; and
(4) generally amend County law regarding the Commercial Property Assessed Clean Energy
Program.
By amending
Montgomery County Code
Chapter 18A, Environmental Sustainability
Article
5
Sections 18A-33, 18A-34, and 18A-35
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
1<
1<
1<
Headmgordefinedwrm
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves thefollowing Act:
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Bill No. 18-16
1
Sec. 1. Sections 18A-33, 18A-34,
and
18A-35 are amended as follows:
Article 5. Commercial Property Assessed Clean Energy Program
18A-33. Definitions.
(a)
Definitions.
indicated:
In this Section, the following words have the meanings
2
3
4
5
6
7
8
9
10
Certified General Real Estate Appraiser
means an individual who is
certified as
~
certified real estate appraiser for general real estate under
Title 16 ofthe Business Occupations Article ofthe Maryland Code.
Commercial property
means any real property located in the County that
is either not designed for or intended for human habitation, or that is used
for human habitation as a multi-family dwelling of [[4 or]] more than
~
rental units.
11
12
13
*
*
*
*
14
15
16
17
18
19
18A-34. Commercial Property Assessed Clean Energy Program established.
*
(b)
*
Third-party lender.
ill
The Director may enter into an agreement with a third-party lender
that is either a County designated lender or a private lender that
funds a loan for an improvement. The agreement must provide for
the repayment of the loan for the improvement and any cost of
administering the Program through a surcharge on the qualified
property. The loan may include the cost of materials and labor
necessary for installation, any permit fee, any inspection fee, any
application or administrative fee, any bank or lender fee, and any
other fee that the property owner may incur for the installation of
the improvement. The third-party lender must submit a request for
collection of each surcharge amount to the County designated
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BILL
No.
18-16
28
program manager or, if there is no County designated program
manager, to the Department no later than April 1 of each year.
29
30
31
32
ill
The third-party lender must record
£!
document among the land
records ofMontgomery County within 30 days ofthe time the loan
is funded, which provides notice of the Commercial Property
Assessed Clean Energy loan associated with the property and that
the surcharge will
be
collected and have lien status like all other
real property taxes.
33
34
35
36
37
38
*
18A-35. Eligibility.
*
*
(a)
Eligibility.
39
40
*
(4)
criteria:
(A)
*
*
The loan amount under this Program must meet the following
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44
45
The loan amount must be at least $5,000 and [no] not more
than 20% of either the full cash value or the appraised value
of the qualified property. The full cash value is determined
by the Maryland State Department of Assessments and
Taxation!. The appraised value must be determined
Qy
£!
Certified General Real Estate Appraiser and must have been
certified no more than 12 months before the date ofthe loan
application[; andL
46
47
48
49
50
51
(B)
The loan amount, together with the outstanding balance of
the mortgage or deed oftrust, must be no more than 90% of
either the full cash value or the appraised value of the
qualified property.
52
53
54
(b)
Property Assessed Clean Energy Surcharge.
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BILL
No. 18-16
55
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Nancy Floreen, President, County Council
*
(3)
*
*
As a condition for entering into an agreement under the Program,
the County designated lender or private lender must provide the
County designated program manager and the Department a copy
of the loan documents and documents that verify:
(F)
appraised value of the qualified property as certified in the
appraisal report submitted
Qy
Estate
Appraiser if the
~
Certified General Real
in
eligibility requirement
18A-35(a)(4) is based on the appraised value of the
qualified property;
[F]
[G]
(ill
loan to value documentation; and
any other financial or program document that the
an
Director deems necessary.
*
Approved:
*
*
Date
71
Approved:
72
Isiah Leggett, County Executive
Date
73
This is a correct copy ofCouncil action.
74
Linda M. Lauer, Clerk ofthe Council
Date
G
F:\LAW\BILLS\1618 Commercial PACE-Amendments\Billl.Docx
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LEGISLATIVE REQUEST REPORT
Recommended Bill, Commercial Property Assessed Clean Energy Program - Amended
DESCRIPTION:
The requested legislation amends Article 5, Sections 33, 34
and
~5
of
Chapter 18A of the Montgomery County Code. The amended sections
correct a definition for commercial property to make it 'consistent with
State Law authorizing a Commercial Property Assessed Clean Energy (C­
PACE) Program; add a loan recordation requirement for the third-party
lender to ensure that subsequent lenders 'are given notice of the special
lien status of a C-PACE loan on the property; and modify the eligibility
requirement for a loan under this program by allowing the loan applicant
to use either the full cash value ofthe property as determined by the State
Department of Assessments and Taxation or the appraised value of the
property as detennined by a Certified General Real Estate Appraiser.
County Law governing the C-PACE program in Montgomery County was
adopted With Bill6-15 following passage of Maryland SB 186.
County Law defines that a commercial property means a property that is
either not designed for or intended for human habitation, or that is
used
for human habitation as a multi-family dwelling of 4 or more rental units.
State Law requires a multi-family dwelling of more than 4 rental
units.
This Bill makes that correction. The Attorney General ofMaryland noted
in an April 28, 2014 opinion on SB 186, that the lack of notification for
subsequent lenders of the special lien status of a C-PACE loan on the
property. may constitute a vjolation of both federal and Maryland
Constitutions. That opinion recommended that any local ordinance or
resolution implementing a C-PACE program include a notification
requirement ofthe special lien status ofthe C-PACE loan on that property
in the County's land record.
This
Bill includes that AG recommendation.
There was a concern expressed by several commercial entities interested
in participating in the County C-PACE program that the :full cash value is
lower
than
the appraised value and thus limits their ability to take
:full
advantage of the C-PACE loan program. This Bill adds an option for the
applicant to use either the full cash value or the appraised value of their
property.
To make the Montgomery County C-PACE program :fully consistent with
.State Law, remedies possible violations offederal and State Constitutions,
and enhances access to the C-PACE program for loan applicants.
Department bfFinance
Office ofManagement and Budget
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
®
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ECONOMIC
lMPACf:
EVALUATION:
EXPERIENCE·
ELSEWHERE:
SOURCE OF
INFORMATION:
Department of Finance
nJa
nJa
David Crow, Department ofFinance (7-8859)
APPlJCATION
WITHIN
MUNICIPALITIES:
nJa
PENALTIES:
nJa
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:.
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiab Leggett
County Executive
MEMORANDUM
April 11,2016
TO:
FROM:
SUBJECT:
Nancy Floreen, President
Montgomery County Council
Isiah Leggett, County Executive
--P
~
"/
£J
Amended Legislation - Commercial Property Assessed Clean Energy
Program
I
am hereby submitting legislation for your consideration and County
Council action. The legislation amends the County Code that established a Commercial
Property Assessed Clean Energy (C-PACE) Program.
With the adoption of Bill 6-15 on April 8, 2015 Montgomery County
established the Commercial PACE Program. This amended legislation makes three
changes to the County Code by
(1)
correcting the definition for commercial property to
make it consistent with State Law authorizing a Commercial PACE program,
(2)
adding a
loan recordation requirement for the third-party lender to ensure that subsequent lenders
are given notice of the special lien status of a Commercial PACE loan on the property,
and
(3)
modifying the eligibility requirement for a loan under this program by allowing
the loan applicant to use either the
full
cash value of the property as determined by the
State Department of Assessments and Taxation or the appraised value of the property
as
determined
by a
Certified General Real Estate Appraiser.
I urge the Council to support this legislation. My staff are available to
respond to any questions you may have on this amendment or provide clarification.
cc:
Timothy Firestine, Chief Administrative Officer
Marc Hansen, County Attorney
Joseph Beach, Director of Finance
Jennifer Hughes, Director, Office of Management and Budget
Bonnie Kirkland, Assistant Chief Administrative Officer
Attachments: Expedited Legislation; Legislative Request Report; Fiscal Impact
Statement; Economic Impact Statement
montgomerycountymd.gOV/311. ,.,
......
3
2400-773-3556 lTV
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Fiscal Impact Statement
Bill XX-16, Commercial Property Assessed
Clean Energy'ProJiaDt - Amended'
..i
1.
Legislative Summary.
This legislation would correct the defurition for commercial property
to
make
it
consistent
with
State
Law
authorizing a
Comm~cial
Property Assessed Clean Energy
Program;
add
a
loan recordation requirement for the third-party lender to ensure
that
subsequent lenders are
given notice of the special lien
status
of a Commercial Property Assessed Clean Energy loan
on the property;
and
modifies the eligibility requirement for a loan under
this
program
to
use
either the
full
cash value ofthe property as determined
by
the State Department of
Assessments and Taxation or the appraised value of
the
property as determined
by
a Certified
General
Real
Estate Appraiser.
2.
An
estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed
in
the recommended or approved budget.
Includes source
of
information, assumptions, and methodologies used.
This legislation makes technical corrections
to
County
Law
that
will
not result
in
a net
change
in
revenues
or
expenditures
to
the
County.
3.
Revenue and expenditure estimates covering at least the next
6
fiscal years.
Please see
number
2.
4.
An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs•
. Not Applicable.
S. Later actions that may affect future revenue and expenditures
if
the bill authorizes
future
spending.
Not Applicable.
6.
An
estimate of the staff time needed to implement the bill.
Not Applicable.
7.
An
explanation of how the addition of new
staff
responsibilities would affect other
duties.
Not
Applicable.
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8.
An
estimate of costs when an additional appropriation
is
needed.
Not Applicable.
9. A description of any variable that could affect revenue and cost estimates.
Not Applicable.
10.
Ranges of revenue or expenditures that
are
uncertain or difficult to project.
Not Applicable.
11.
If
a
bill
is likely
to
have no fiscal impact, why
that
is
the case.
Not Applicable.
12. Other fiscal impacts or comments.
Not Applicable.
13. The following contrfbuted to and concurred with this analysis:
Robert Hagedoom and David Crow, Department ofFinance
Jane
Mukira,
Office
of
Management
and
Budget
Date
I
ofMapagement and
Budget
(j)
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Economic Impact Statement
Bill
XX~16,
Commercial Property Assessed Clean Energy Program
~
Amended
Background:
This legislation would correct the definition for commercial property to make it
consistent with State Law authorizing a Com,mercial Property Assessed Clean Energy
Program; add a loan recordation requirement for the third-party lender to ensure that
subsequent lenders are given notice ofthe special lien status of a Commercial Property
Assessed Clean Energy loan on the property; and modifies the eligibility requirement for
a loan under this program to use either the full cash value ofthe property as determined
by the State Department of Assessments and Taxation or the appraised value of the
property as determined by a Certifie4 General Real Estate Appraiser.
1.
The sources of information, assumptions, and methodologies used.
This
Bill
makes technical corrections to County Law and there are no sources of
infonnation, assumptions, and methodologies used that are applicable.
. 2. A
description of any variable that could affect the economic impact estimates.
This
Bill
makes technical corrections to County Law and there are no variables that
could affect the economic impact.
3.
The Bill's positive or negative effect, if any on employment, spending, saving,
. inv.estment, incomes, and property values in the County.
This
Bill
makes technical corrections to County Law and has no positive or negative
effect on employment, spending, saving, investment; incomes, and property values in
the County.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Please see
item
#3
5. The foUowing contributed to and concurred with this analysis: David Platt, David
Crow, and Robert Hagedoom, Department of Finance.
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