HomeMy Public PortalAboutProperty Assessed Clean Energy (PACE) Program By-Law 154_Effective 2023-05-10.pdfMunicipality of the District of Chester
Property Assessed
Clean Energy
PACE) Program
By -Law
By -Law No. 154
Effective Date: May 10, 2023
Property Assessed Clean Energy (PACE) Program By -Law Page 2 of 8
MUNICIPALITY OF THE DISTRICT OF CHESTER
BY-LAW NO. 154
PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM BY-LAW
PURPOSE, SCOPE, AND AUTHORITY
1.01 The purpose of the Property Assessed Clean Energy (PACE) Program By -Law is to
enable the Municipality of the District of Chester to create a financing program to
support energy efficiency upgrades to qualifying residential properties within the
Municipality. Payments for these financed upgrades will be made through a PACE
Charge levied on those Qualifying Properties.
1.02 Section 81A(1) of the Municipal GovernmentActauthorizes municipalities to "make
by-laws imposing, fixing and providing methods of enforcing payment of charges for
the financing and installation of any of the following on private property with the
consent of the property owner: (a) energy -efficiency equipment; (b) renewable energy
equipment".
1.03 This By -Law does not exempt any person from complying with the requirements of
other By -Laws or Regulations in force within the Municipality of the District of Chester
and from obtaining any licence, permission, permit, authority, or approval as otherwise
required by the Municipality, the Province of Nova Scotia, Nova Scotia Power, or the
Government of Canada.
1.04 This By -Law shall apply only to the Clean Energy Upgrades installed in accordance with
the Municipality's P-111: Property Assessed Clean Energy (PACE) Program Policy.
2 DEFINITIONS
2.01 "CAO" means the Chief Administrative Officer of the Municipality of the District of
Chester or designate.
2.02 "Clean Energy Upgrade" means an installation to a Qualifying Property that:
a) will result in improved energy efficiency, reduced energy use, the generation of
renewable energy, or reduced greenhouse gas emissions;
Notice of Intention to Adopt - Committee of the Whole - November 17, 2022 (2022-483)
First Reading - Council - November 24, 2022 (2022-494)
Second/Final Reading - Council - April 27, 2023 (2023-232)
Effective Date (in newspaper) - May 10, 2023
Property Assessed Clean Energy (PACE) Programam By -Law Page 3 of 8
b) involves building envelope upgrades such as caulking and weather stripping,
duct / air sealing, insulating, or energy efficient windows and doors; building
heating, ventilation, and air conditioning system upgrades such as heat pumps,
ETS (electric thermal storage), wood or pellet stoves, or furnaces or boilers;
renewable energy upgrades such as solar thermal panels or solar photovoltaic
panels; or such other clean energy upgrades as are approved and agreed in
writing by the Municipality; and
c) is identified as an eligible upgrade in the Municipality's P-111: Property
Assessed Clean Energy (PACE) Program Policy and meets or exceeds applicable
energy efficiency evaluation standards as referenced in that Policy.
2.03 "Director of Finance" means the Director of Financial & Information Services of the
Municipality of the District of Chester or designate.
2.04 "Municipality' or "Municipal" means the Municipality of the District of Chester.
2.05 "PACE Customer Agreement" means the written, signed Property Assessed Clean
Energy Program Customer Agreement between the owner of a Qualifying Property and
the Municipality for financing of a Clean Energy Upgrade.
2.06 "PACE Charge" means the Property Assessed Clean Energy improvement costs levied
on the property for the purpose of Section 81 A (a) and (b) of the Municipal
Government Act.
2.07 "PACE Program" means a program established by the Municipality under which owners
of Qualifying Properties may obtain financing for Clean Energy Upgrades.
2.08 "PACE Program Provider" means the third party agency identified in PACE Customer
Agreement as contracted to carry out the administration of the Municipality's PACE
program.
2.09 "Qualifying Property" means a residential property located within the Municipality for
the purpose of the PACE program, but which does not include multi -unit residential
properties with more than two (2) dwelling units, non-profit owned buildings, business
Notice of Intention to Adopt - Committee of the Whole - November 17, 2022 (2022-483)
First Reading - Council - November 24, 2022 (2022-494)
Second/Final Reading - Council - April 27, 2023 (2023-232)
Effective Date (in newspaper) - May 10, 2023
Property Assessed Clean Energy (PACE) Program By -Law Page 4 of 8
or industrial premises.
3 APPLICATION AND APPROVAL
3.01 An owner of a Qualifying Property within the Municipality may apply for Municipal
financing for a Clean Energy Upgrade to the property.
3.02 Financing shall be subject to the approval of the Municipality in writing confirming
that the owner of the Qualifying Property satisfies required program conditions, as
well as subject to a PACE Customer Agreement signed by the Municipality and the
owner of the Qualifying Property.
3.03 Conditions for approval that must be met include:
a) the owner of the Qualifying Property is not in default of any Municipal taxes, rates
or charges;
b) the Clean Energy Upgrade achieves an overall savings to debt ratio for the
homeowner equal to or greater than the ratio specified in the PACE Customer
Agreement, as estimated by a qualified energy assessment contracted through
the PACE Program; and
c) any additional conditions specified in the PACE Customer Agreement.
4 PAYMENT OF CHARGE
4.01 The PACE Charge shall become payable on completion of installation of the Clean
Energy Upgrade in accordance with the PACE Customer Agreement.
4.02 The PACE Charge may consist of:
a) the cost of the Clean Energy Upgrade, including all labour costs, permitting fees,
and applicable taxes;
b) applicable PACE Program service fees;
Notice of Intention to Adopt - Committee of the Whole - November 17, 2022 (2022-483)
First Reading - Council - November 24, 2022 (2022-494)
Second/Final Reading - Council - April 27, 2023 (2023-232)
Effective Date (in newspaper) - May 10, 2023
Property Assessed Clean Energy (PACE) Program By -Law Page 5 of 8
c) interest accrued on the PACE Charge, including any additional interest arising due
to any default of payment.
4.03 The owner of a Qualified Property may elect to pay the PACE Charge by equal
installments over a period of not more than ten (10) years, on which interest shall be
payable as outlined in Section 6 of this By -Law and in the PACE Customer Agreement.
4.04 In the event of default of any payment under the PACE Customer Agreement, the
outstanding balance shall be immediately due and payable at the option of the
Municipality. Interest shall be accrued on the amount then due and payable at the
same rate applied by the Municipality for unpaid taxes and charges in default.
4.05 The Director of Finance shall maintain a separate account of all monies due for PACE
Charges, identifying:
a) the name of the property owner(s), assessment, PID, and civic address;
b) the amount of the PACE Charge levied; and
c) the amount paid on the PACE Charge.
4.06 In the event the Qualifying Property is transferred to a new owner, the lien is
transferred to the new owner along with the property. At this time, the new Qualifying
Property Owner shall continue to be liable to the Municipality for all Qualifying
Property Owner obligations and liabilities as set out in the PACE Customer Agreement
unless a lump sum payment representing the outstanding balance of the PACE
Charge is received by the Municipality at the time of the sale.
LIEN
5.01 On completion of a Clean Energy Upgrade as defined and approved in a signed PACE
Customer Agreement, the PACE Charge shall be levied against the Qualifying
Property.
Notice of Intention to Adopt - Committee of the Whole - November 17, 2022 (2022-483)
First Reading - Council - November 24, 2022 (2022-494)
Second/Final Reading - Council - April 27, 2023 (2023-232)
Effective Date (in newspaper) - May 10, 2023
Property Assessed Clean Energy (PACE) Program By -Law Page 6 of 8
5.02 A PACE Charge levied in accordance with this By -Law constitutes a first lien on the
property and has the same effect as rates and taxes under the Assessment Act.
5.03 A PACE Charge in accordance with this By -Law is collectable in the same manner as
rates and taxes under the Municipal Government Act and is collectable at the same
time and by the same proceedings as taxes.
5.04 The lien provided for in this By -Law shall become effective on the date on which the
PACE Program Provider files with the Director of Finance a certificate that the agreed
improvement has been completed.
5.05 The lien provided for in this By -Law shall remain in effect until the total charge,
including any accrued interest, has been paid in full.
6 INTEREST
6.01 Interest will be payable on any balance owing on the PACE Charge at the rate
specified in the Municipality's P: 111 - Property Assessed Clean Energy (PACE)
Program Policy.
6.02 Interest shall accrue on any PACE Charge or portion thereof that remains outstanding
from the date of billing.
6.03 Interest is payable annually on the amount outstanding, whether or not the owner has
elected to pay by installments.
Notice of Intention to Adopt - Committee of the Whole - November 17, 2022 (2022-483)
First Reading - Council - November 24, 2022 (2022-494)
Second/Final Reading - Council - April 27, 2023 (2023-232)
Effective Date (in newspaper) - May 10, 2023
Property Assessed Clean Energy (PACE) Program By -Law Page 7 of 8
Annotation for Official By -Law Book
November 17, 2022
Date of Notice of Intention to Adopt
Motion 2022-483
November 24, 2022
Date of First Reading
Motion 2022-494
Date of advertisement of Notice of Intent to Consider April 12, 2023
Date of Second Reading
April 27, 2023
Motion 2023-232
Date of advertisement of passage of By -Law * May 10, 2023
Date of mailing to Minister a certified copy of By -Law May 15, 2023
1 certify that this Property Assessed Clean Energy (PACE) Program By -Law 154 was
adopted by Council and published as indicated above
May 15, 2023
P. M. Myra, Muni i.pal Clerk Date
Effective Date of the By -Law unless otherwise specified in the text of the By -Law
Notice of Intention to Adopt - Committee of the Whole - November 17, 2022 (2022-483)
First Reading - Council - November 24, 2022 (2022-494)
Second/Final Reading - Council - April 27, 2023 (2023-232)
Effective Date (in newspaper) - May 10, 2023
Property Assessed Clean Energy (PACE) Program By -Law Page 8 of 8
MUNICIPALITY OF THE DISTRICT OF CHESTER
NOTICE REGARDING BY-LAW ADOPTION
Take Notice that on Thursday, April 27, 2023, Chester Municipal Council conducted
Second/Final Reading for the adoption of the following By -Law:
New
By -Law 154 - Property The purpose of the Property Assessed Clean Energy
Assessed Clean Energy (PACE) Program By -Law is to enable the Municipality
PACE) Program By -Law of the District of Chester to create a financing program
to support energy efficiency upgrades to qualifying
residential properties within the Municipality.
Take notice that copies of By -Laws may be reviewed between the hours of 8:30
a.m, and 4:30 p.m. at the Administration Office of the Municipality of the District of
Chester, 151 King Street, Chester or on the Municipality's website at www.chester.
ca or by contacting the undersigned at (902) 275-3554 or via email at pmyra@
chester.ca.
Pamela M. Myra
Municipal Clerk
Chester, NS
May 2023
210277
I, Pamela M. Myra, Municipal Clerk of the
Municipality of the District of Chester do
hereby certify that the above is a true copy of
an advertisement duly advertised in the
Lighthouse Bulletin on May 10, 2023.
Given under the hand of the Municipal Clerk
and under the corporate seal of the said
Mu*ality,this 15 day of May, 2023
Paa
Municipal Clerk
Notice of Intention to Adopt - Committee of the Whole - November 17, 2022;(2M2 483)
First Reading - Council - November 24, 2022 (2022-494)
Second/Final Reading - Council - April 27, 2023 (2023-232)
Effective Date (in newspaper) - May 10, 2023