I was reminded yesterday that I wanted to mention Property Assessed Clean Energy, which came up in the course I’m taking on electric power. (What reminded me was Tobias Buckell’s post about how the real issue for photovoltaics is the capital cost of installing the capacity, which he mentioned in reference to a rather interesting article on issues with solar feed-in tariffs.)

Property Assessed Clean Energy (PACE) is a clever idea for funding homeowner investment in solar power. The way it works is this: The municipality raises money with a bond issue, then lends it to homeowners to invest in solar (or potentially wind) power generating capacity. That investment is then paid back to the municipality over 15 or 20 years via an assessment on the property tax bill. The money is easy for the homeowner to pay back, because the debt repayment is funded by savings on the power bill.

The property tax assessment stays with the house if it is sold, which is reasonable because the photovoltaic system or wind turbine stays with the house as well. This means that the capital is available quite cheaply, because the money is very likely to be paid back.

The really big win of PACE is that it greatly reduces the biggest financial risk that a homeowner takes when making an investment in solar power—the risk that he or she will end up having to move before the rather long payback period, and end up being on the hook to pay the loan back, without enjoying the benefits of the lower power bills.

The problem is, even though about half the states have laws authorizing some form of PACE, the whole scheme has been blocked by the Federal Housing Finance Agency, which instructed Fannie Mae and Freddie Mac not to underwrite mortgages on properties with a PACE assessment.

As I understand it, the issue is that the property tax assessment (like property taxes in general) are senior to the mortgage in the event of a default. But if this regulation is legitimate, the federal mortgage authorities can regulate all municipal activity. They could ban mortgages on houses where the municipality is funding public art through a property tax assessment (or on houses where the municipality isn’t funding public art). If this principle stands, municipal governments will have to do whatever the mortgage authorities demand, or else only people rich enough to pay cash would be able to buy a house in town.

There’s a group called PACENow that’s working various paths to get the prohibition reversed.

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