HomeMy WebLinkAbout2011-10-13 PacketDraft MINUTES
CITY OF EDINA MINNESOTA
ENERGY & ENVIRONMENT COMMISSION
EDINA CITY HALL COMMUNITY ROOM
Thurs., Oct. 13, 2011
7:00 PM
I. CALL TO ORDER Chair Latham called the meeting to order at 7:06 p.m.
II. ROLL CALL Answering Roll Call was Members Gubrud, Gupta, Jennings, Kostuch, Paterlini, Risser, Thompson,
Tucker, Zarrin and Chair Latham.
Late Arrival: Iyer and Sierks
Staff Present: Jesse Struve and Rebecca Foster
III. APPROVAL OF MEETING AGENDA Agenda was approved as written.
IV. ADOPTION OF CONSENT AGENDA
Motion made by Member Gubrud and seconded by Member Paterlini to edit under H.2. ATS Program to HES
Program in the September meeting minutes. Motion carried unanimously.
V. COMMUNITY COMMENT Karen Kurt, Assistant City Manager, introduced herself to the Commissioners.
VI. REPORTS AND RECOMMENDATIONS
A. Working Group. John Spanhake resigned from the Energy Working Group. Chair Latham thanked him for his
service. Student Members Alma Pronove and Carlin Struckman were deleted from the Education and
Outreach Working Group and replaced with current Members Tara Gupta and Bevlin Jennings.
B. B3 data update. An intern is needed to enter data.
C. GreenStep Cities. The January 12, 2012 EEC Meeting will be televised and the GreenStep Cities progress
will be the topic of discussion.
Motion made by Member Sierks and seconded by Member Iyer to replace GreenStep action 26.6 Wind
Source with action 26.3 PACE. Motion carried unanimously.
D. Energy WG
1. Solar panel project. Jesse Struve gave an update on installation process with the Building Department.
2. Solar/wind ordinance amendments task force. City staff is reviewing proposed ordinance. Chair Latham
stated that the ordinance should be reviewed by EEC and in a City Council Work Session too and
requested that Jesse Struve ask City Manager Scott Neal for advice on whether EEC should request an
EEC/Council Work Session in 2012 to review the proposed solar/wind ordinance.
Commissioner Risser excused herself from the meeting at 8:21 p.m.
3. PACE commercial energy district. Member Sierks gave an update on a proposed Solar Energy Workshop
to be held in late January. Member Sierks gave an update on a Job Summit that the Governor is having
on October 24th &25 th and the City of Edina's PACE will be a topic of discussion. Member Sierks
reviewed the PACE Checklist resolution with Commissioners. Jesse Struve was asked to find out
whether the PACE 3`d party financing reduced the City's bonding limits.
Public Comment.
4i
Brad Hanson, 5908 Chapel Dr., Edina, reviewed third party financing model for commercial properties.
Motion made by Member Iyer and seconded by Member Sierks to approve the Pilot PACE Checklist
resolution for the November 15th City Council Agenda.
Roll Call was taken:
Ayes: Gubrud, Iyer, Sierks, Thompson, Latham
Abstain: Kostuch, Paterlini, Tucker, Zarrin
Absent: Risser
Motion Carried
E. Air Quality WG
1. Centrum Resolution. Chair Latham added payback of seven years and will add the labor cost to the
resolution that will be presented to Council at a proposed December meeting.
2. Drive Through City Code Amendments. Will be sent to the Planning Commission.
F. Recycling & Solid Waste WG
1. Refuse Report amendments. Awaiting disposition at Nov. 15 City Council meeting.
2. City park recycling bin proposal.
Motion made by Member Gubrud and seconded by Member Tucker to send City park recycling resolution
back to Park Board for review. Motion carried unanimously.
G. Turf Management Task Force. Chair Latham gave an update on edits that occurred within the Turf
Management Plan by the Assistant Park Director. Member Paterlini gave an update on the Turf
Management signs and to the Plan.
Motion made by Member Paterlini and seconded by Member Gubrud to send the Turf Management Plan
to the Park Board for review. Motion carried unanimously.
H. Education Outreach WG. Member Gubrud announced the Home Energy Squad will attend the Edina Day of
Service on October 15th. Member Zarrin announced free bags given away at Jerry's, Byerly's and Lunds for
Edina Day of Service. Member Thompson announced Cool Planet event October 16th at Fire Station.
1. Educational Program. Member Zarrin reviewed the proposed schedule for the Environmental Forum
April 19tH
2. Eco Film Festival. The topic was tabled.
I. Water Quality WG. Member Tucker's article sent to City of Edina Communications Department for the Sun
Current awaits staff approval.
1. Coal Tar ordinance. Chair Latham asked the Commissioners to review Judy Crane's comments on coal
tar based sealants. Proposed Coal Tar amendments await disposition at Nov. 15 City Council meeting.
2. Blue Star Award. Jesse Struve was congratulated in attaining the Blue Star rating for the City of Edina.
Edina is the only first tier suburb to achieve this designation.
J. City Website. The City will be redesigning their website.
K. EEC Website. The topic was tabled.
VII. CORRESPONDENCE & PETITIONS
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VIII. CHAIR AND COMMISSION MEMBER COMMENTS
1. Scott Neal. Chair Latham updated Members on her meeting with City Manager Scott Neal and Assistant City
Manager Karen Kurt. Boards and Commissions are asked to write goals and objectives for the year. Chair
Latham stated that the Green Step Cities program constitutes EEC's goals and objectives and that she did
not entertain other business on the agenda.
IX. STAFF COMMENTS
A. Jesse Struve
1. EEC Budget. Jessee Struve reported that as of 10-13-11 the remaining balance is $1550 after staff time
and the $5,000 ULI fee was deducted. Chair Latham suggested considering purchasing Member Risser's
No Idle Signs and requested that all commissioners submit any outstanding 2011 bills by the Nov. 10 EEC
meeting that need to be reimbursed so that EEC has a better picture of its budget position.
2. Green Corps Intern — Although Edina did not receive an Intern Bill Sierks will request that Intern Sarah
Steinman be made available to Jesse Struve to assist him in entering Edina's B3 data from June 2011
forward.
Member Gubrud requested that the updated EEC Roster be emailed to Members separate from the October meeting
packet.
Member Iyer requested that members of the Public not sit at the Commissioner's table or speak to the Commission
without the Chair's permission.
Member Thompson thanked the Commissioners and Mayor who attended the Moving Planet event.
There being no further business on the Commission Agenda, Chair Latham declared the meeting adjourned at 9:24 p.m.
Motion made by Member Iyer and seconded by Member Thompson to adjourn meeting. Motion carried
unanimously.
Respectfully submitted,
Rebecca Foster
GIS Administrator
ENERGY & ENVIRONMENT COMMISSION
NAME
TERM
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Gubrud, Bob
2/1/2013
X
XX
X
X
X
X
X
X
X
Gupta, Tara
student
X
X
Iyer, Surya
2/1/2012
X
X
X
X
X
X
X
X
X
Jennings, Bevlin
Kata, Karwehn
student
student
X
X
X
X
X
X
X
X
X
Kostuch, Keith
2/1/2013
X
X
X
X
X
X
X
X
Latham, Dianne
2/1/2012
X
X
X
X
X
X
X
X
X
X
X
Paterlini, Germana
2/1/2013
X
X
X
X
X
X
X
X
X
X
X
Pronove, Alma
student
X
X
X
X
X
Mimi
Risser, Julie
2/1/2012
X
I
X
X
X
X
Ix
X
X
X
Sierks, Bill
2/1/2013
X
I X
X
X
X
X
X
X
IX
X
X
Thompson, Paul
2/1/2013
X
X
X
X
X
X
X
X
X
X
Tucker, Susan
2/1/2012
X
X
X
X
X
X
X
X
X
Zarrin, Sarah
2/1/2012
B
X
X
X
X
X
X
X
IX
X
CITY OF EDINA MINNESOTA
ENERGY & ENVIRONMENT COMMISSION
EDINA CITY HALL COMMUNITY ROOM
Thurs., Nov. 10, 2011
7:00 PM
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MEETING AGENDA
IV. ADOPTION OF CONSENT AGENDA
A. Minutes
B. Attendance Report
V. COMMUNITY COMMENT
During "Community Comment, " the Energy & Environment Commission will invite residents to share new issues
or concerns that haven't been considered in the past 30 days by the Commission, or which aren't slated for future
consideration. Individuals must limit their testimony to three minutes. The Chair may limit the number of
speakers on the some issue in the interest of time and topic. Generally speaking, items that are elsewhere on
tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or
Commission Members to respond to their comments tonight. Instead the Commission might refer the matter to
staff or to an EEC Working Group for consideration at a future meeting.
VI. REPORTS AND RECOMMENDATIONS
A.
Working Group
B.
B3 data update
C.
Energy WG
1. Solar panel project
2. Solar/wind ordinance amendments task force
3. PACE commercial energy district
D.
Purchasing Report
E.
Air Quality WG Report
1. Centrum
2. Drive Through City Code
F.
Recycling & Solid Waste WG
1. Refuse Report and ordinance
2. City park recycling bin
G.
Turf Management Task Force
H.
Education Outreach WG
1. Educational Program
2. Project Earth
3. Eco Film Festival
I.
Water Quality WG
1. Coal Tar ordinance
J.
City Website
K.
EEC Website
VII. CORRESPONDENCE & PETITIONS
VIII. CHAIR AND COMMISSION MEMBER COMMENTS
1. Commission process discussion
IX. STAFF COMMENTS
A. Jesse Struve
1. EEC Budget
2. Green Corps Intern
Next EEC Meeting —Propose canceling December 8, 2011 meeting. EEC meeting of Thurs., Jan. 12 will be
televised in Council Chambers and will consist of each commissioner reporting on their green step action's
progress.
The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way
of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-8861 72 hours in
advance of the meeting.
CITY OF EDINA MINNESOTA
ENERGY & ENVIRONMENT COMMISSION
EDINA CITY HALL COMMUNITY ROOM
Thurs., Nov. 10, 2011
7:00 PM
I. CALL TO ORDER
II. ROLL CALL (1 min)
III. APPROVAL OF MEETING AGENDA (1 min)
IV. ADOPTION OF CONSENT AGENDA (1 min)
A. Minutes (attached)
B. Attendance Report (attached)
V. COMMUNITY COMMENT (10 min)
During "Community Comment, " the Energy & Environment Commission will invite residents to share new issues or concerns
that haven't been considered in the past 30 days by the Commission, or which aren't slated for future consideration.
Individuals must limit their testimony to three minutes. The Chair may limit the number of speakers on the same issue in the
interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during
Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments
tonight. Instead the Commission might refer the matter to staff or to an EEC Working Group for consideration at a future
meeting.
VI. REPORTS AND RECOMMENDATIONS
A. Working Group member additions/deletions. (2 min) (attached).
B. B3 data update (5 min) — Jesse Struve
C. Energy WG — (20 min) Surya Iyer/ Bill Sierks — Minutes of 7-6-11 (attached), 9-20-11 (attached), 10-18-11
canceled. Next meeting 11-15-11.
1. Solar panel project — Installation update (Jesse Struve)
2. Solar/wind ordinance amendments task force — See attached proposal (Surya Iyer & Bill Sierks)
3. PACE commercial energy district — P party funding framework update (Bill Sierks). PACE Checklist;
PACE Intake Packet.
D. Purchasing Report —Keith Kostuch (5 min) Met with Eric Roggerman and Scott Neal on 11-6-11
E. Air Quality WG Report (5 min) J. Risser— 8-25-11 (awaiting receipt), 9-29-11 (awaiting approval). The 10-
27-11 meeting was canceled. Next meeting 11-24-11.
1. Resolution on converting the Centrum wood burning fireplace togas. Scheduled for 11-15-11 City
Council meeting.
2. Drive Through City Code Amendments. Sent to Planning Commission 10-30-11.
F. Recycling & Solid Waste WG (5 min) DP Latham—10-6-11 (attached). 11-3-11 meeting is canceled.
1. 1300.09 Proposed Refuse Report and ordinance amendments. Scheduled for 11-15-11 council meeting.
2. City park recycling bin recommendation - Scheduled for 12-13-11 Park Board Meeting.
G. Turf Management Task Force - Germana Paterlini — Absent — Forwarded to Park Board 11-1-11 and
scheduled for 12-13-11 Park Board Meeting.
H. Education Outreach Working Group Report — (20 min) Bob Gubrud/Paul Thompson - Met 11-1-11. Next
meeting 12-6-11.
1. April 19 2012 educational program — Sarah Zarrin — Invited Prof. Jonathan Foley from UMN to speak on
his latest study, "Feeding the World without Ruining the Planet." EHS auditorium has been reserved.
2. Project Earth EHS buckthorn removal project — Bevlin Jennings
3. Proposed Eco Film Festival — DP Latham
I. Water Quality WG — (5 min) Susan Tucker—7-18-11 meeting (canceled).
1. Proposed Coal Tar ordinance —Proposed amendment scheduled for 11-15-11 City Council meeting.
J. City Website Update —Jesse Struve (5 min)
K. Update of EEC Website (see attachment in 6-9-11 EEC packet) (5 min)
VII. CORRESPONDENCE & PETITIONS
VIII. CHAIR AND COMMISSION MEMBER COMMENTS (15 min)
1. Commission process discussion — Surya Iyer
IX. STAFF COMMENTS
A. Jesse Struve (5 min)
1. EEC year end budget balance of $1,550 is anticipated as of 10-13-11 after staff time and the $5,000 ULI
fee is deducted. The dedicated ECF account had $691. An additional $1,058 was added to it from the 7-
31-11 Eco tour and plant sale.
2. Green Corps Intern — Bill Sierks has a commitment from the MPCA for the use of Intern Sarah Steinman
to help Jesse Struve enter the B3 data where Intern Katie Jones left off in June 2011.
Next EEC Meeting —Propose canceling December 8, 2011 meeting. EEC meeting of Thurs., Jan. 12 will be
televised in Council Chambers and will consist of each commissioner reporting on their green step action's
progress.
The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way
of hearing amplification, an interpreter, large print documents or something else, please call 952-927-8861 72 hours in
advance of the meeting.
Edina Energy & Environment Commission
Working Groups, Task Forces and Projects
Draft of 11-01-11
Air Quality Working Group (AQ WG) – 4' Thrusday at 7:00 pm – Chair Julie Risser - Members Julie Mellum, Laura
Eaton, David B. VanDongen, Ray O'Connell
Prospective Members – George Hunter (10-4-11)
Water Quality Working Group (WQ WG) – 3`d Monday at 7:00 pm - Chair Susan Tucker – Members: Bill Johnson, Nina
Holiday -Lynch, Jon Moon, Robert Skrentner, Laura Eaton
Prospective Members —Susan Danzl – BS & MS in environmental engineering & worked 5 yrs in water and waste
water industry. Also has done some work in solid waste estimations and energy production from solid waste (waste to
energy). Relocated from California 1 year ago.
George Hunter (10-4-11)
Energy Working Group (AE WG)– 3`d Tuesday at 7:00 pm – Co -Chairs Surya Iyer and Bill Sierks, Commissioners Bob
Gubrud and Germana Paterlini - Members Richard Griffith, Richard Oriani, Greg Nelson, Gary Wahman, John Howard,
Bill Glahn, Brad Hanson
Resignation – John Spanhake
Prospective Members – Phil Hirschey – Works at Enhanced Home Systems, Inc. with Greg Nelson. John Dolphin, 5809
Eastview Dr
Education Outreach Working Group (EO WG) – 1 s` Tuesday at 7:00 pm - Co -Chairs Paul Thompson and Bob Gubrud –
Members: Laura Eaton, John Howard, Todd Willmert, Tara Gupta and Bevlin Jennings.
Prospective Members:
Caroline Berg– (7-31-11 inq)
Home Energy Squad Task Force (HES) – Meets as needed - Chair Bill Sierks – Commissioners - Paul Thompson, Bob
Gubrud
Project & Policy Group – Meets as needed - Bill Sierks, Surya Iyer
Purchasing – Meets as needed – Co -Chairs Germana Paterlini, Keith Kostuch
Recycling & Solid Waste Working Group (RSW WG) – I" Thursday at 7:00 pm - Chair DP Latham, Commissioner Sara
Zarrin - Members Michelle Horan, Tim Rudnicki, Melissa Seeley – City Staff Solvei Wilmot
Tur Management Plan Task Force (TMP TF) – Meetings as needed over lunch hour - Chair Germana Paterlini (EEC) –
Commissioners - Ellen Jones (Pk Bd), Mary Jo Kingston (Community Health), Vince Cockriel (Staff); Ex Officio DP
Latham (EEC) and John Keprios (Dir. Pk & Rec. Dept)
Urban Forest Task Force (UF TF) – Meets as needed over lunch hour - Chair DP Latham – Commissioners - Joseph
Hulbert (Pk Bd), Michael Schroeder (Planning Commission) & City Forester Tom Horwath (Staff).
EEC Website Task Force – Commissioners Dianne P. Latham, Germana Paterlini, Julie Risser, Bob Gubrud – Members
John Howard.
Solar & Wind Ordinance Task Force – Surya Iyer (EEC), Chair, Members – Bill Sierks (EEC) Michael Platteter
(Planning), Ken Potts (Planning) with support from the EEC Energy Working Group.
Minutes of the July 6, 2011 Energy Working Group
The July 6 meeting of the EWG was a meeting arranged by the City staff with the City consultant, McKinstry.
The meeting began at 5 PM on July 6 in the Community Room. This meeting was an option meeting for EEC
Commissioners, but a number attended. The EWG's regular June 21, 2011 meeting was canceled and
rescheduled for July 6. In attendance were EEC Commissioners Dianne Plunkett, Surya Iyer, Bill Sierks, Bob
Gubrud, Germana Paterlini, Sarah Zarrin, Keith Kostuch, City Staff Jesse Struve, From the EWG attending:
Richard Oriani, Bradley Hansen, Greg Nelson , Phil Herschey; McKinstry representative was Greg
Ackerson.
McKinstry representatives reported on the following topics and discussed several attachments which are
attached and incorporated into these minutes by reference. The topics are:
1. An update on the solar PV grant and a discussion with the EEC and Energy Working Group about their
role in the RFP process.
2. McKinstry outlined the potential energy, water, and greenhouse gas, and monetary savings the City
could achieve and the rate of return for each potential improvement identified in the overall energy
improvement package.
3. As part of the required Green Step Cities best practice #1 Efficient Existing Pubic Buildings, Action #2,
Edina is required to "Audit all city -owned buildings in the bottom third of the B3 energy performance ranking
and implement a majority of energy efficiency opportunities that have a payback under 5 years. McKinstry
provided a report on those buildings in the lower part of the B3 database. McKinstry indicated that at this time
the B3 data was still incomplete in several areas and that the work to complete data entry needed to be
completed. The McKinstry update also identified the energy efficiency opportunities and what the payback is,
whether less than or greater than a 5 year payback. The intention is to complete this energy improvement
package by October 31, 2011. Once these improvements have been implemented, the EEC can post on
Edina's page of the Green Step Cities website to satisfy this requirement.
4. EEC started to engage McKinstry in a discussion of PACE, although details of that discussion were
deferred until the EEC and EWG meetings in August 2011.
5. There was a discussion concerning solar PV about the state law requirement that the payback period not
exceed the useful life of the product, which is 25 years in this case. Thus McKinstry bundled together many
things to get an average pay back period that is acceptable under state law. McKinstry agreed to provide more
details about the payback period and calculations to the EEC. There was also lengthy discussion about the
calculation of the electricity cost for the city at City Hall. It appeared McKinstry was using 4.5c/kW-hr; 58yr
payback; $75k City investment. This assumes $276,000 system cost + xcel rebate + in-state rebate. A
recommendation by EEC to look at the costs and payback period, and a discussion about whether additional
bids should be sought, were all raised at the meeting.
Respectfully Submitted,
Bill Sierks
10
Energy Working Group of the Energy and Environment Commission, City of Edina, MN
September 20, 2011
Attendees: Surya Iyer, John Howard, John Spanhake, Bill Glahn, Bob Gubrud, John Doll, Richard Griffith,
Lynn Hinkle
Location: City Hall — Community Room
Topic 1: Meeting minutes of August 16, 2011 EWG meeting
• Motion made by Gubrud, seconded by Iyer, approved unanimously
Topic 2: Sierks: EWG October 18, 2011 meeting will include McKinstry to determine future projects.
Topic 3: Spanhake: EWG roles and responsibilities and scope discussion — request to add to meeting
agenda with Manager Neal.
Topic 4: Renewable energy ordinance update: Spanhake requested an update. Iyer indicated that the
final draft from the planning commission — energy / environment commission four person group has
sent the final draft to City Manager Neal for staff review and moving it forward.
Topic 5: PACE (property -assessed clean energy):
• Spanhake: How do we ensure a process is followed with projects? Was a process followed with
the solar project? It didn't seem like it was followed — felt scattered.
o Iyer: Standard process of resolutions, votes and approval of EWG/EEC/Council was
followed.
• Glahn: What is the scope of EWG in the PACE project.
o Sierks: EWG part was to evaluate and recommend to City Staff. It is now with City staff
to take it forward. We now need to work with City Staff to develop this further.
• Glahn: Does conflict of interest rules apply to EWG?
o Iyer/Sierks: Absolutely Yes.
• Spanhake: What is the time and cost commitment of City Staff?
o Hinkle: City will not be on the hook. No cost to City. Easy to implement. Some staff time
initially. Contractor/lender will bring in resources. Not a pooled / bond approach. Pre-
arranged bond sale, essentially a micro -bond placed with a private entity. Proceeds get
used to finance project. "Owner -arranged". Market driven.
• How many have a PACE program in MN?
o Hinkle: None.
o Doll: It is anew idea. It is flexible. Someone has to be first. We have a company that is
interested.
• Spanhake: Does the renewable energy installation enhance the value of the property?
o Discussion involving whether renewable energy adds value or not. No agreement.
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• Glahn: Concept of revenue bond. Usually backed by mortgage. Cities had to sign off on concept
and commit to raise utility rates to cover difference.
o Hinkle: Bond agreement (Sonoma County) explains your question.
• Gubrud: What is the benefit to the City?
o Doll: City can be proactive in energy efficiency. Opens up some new channels. Allows us
to use tax code to extract benefits (a) lower cost of financing, (b) lower holding period,
etc. This will set up an example. It will be appropriate in some situations.
• Spanhake: Can this be implemented at County level? Why not implement it at Hennepin County
level?
o Hinkle: Yes. Edina prototype will help their involvement.
• Spanhake: What happens if we do it and then Hennepin County will do so as well?
o Hinkle: They can use our prototype.
• Sierks: City Council is interested in this and they want to implement this. They are looking for
Edina's leadership. No issues with the concept. If we do this right, there is no liability and cost to
the city.
• Next steps: Resolution for City will contain: In order to authorize a PACE program: (a)
Contractor/owner will bring intake packet to present to City staff. (b) Preliminary bond purchase
agreement will have to be drafted. (c) Work with City bond council and agree to cover City
expenses (complying with conflict of interest laws). (d) Approval of special assessment.
• Spanhake: PACE should not hinge on Grandview project.
o Hinkle: Grandview is a means, i.e. a market interest and we are responding to a market
interest.
• Motion: EWG encourages the City to move forward on the next steps PACE; however as the final
structure of this program is unknown, no endorsements are implied.
o Glahn: motion; seconded by Griffith. Approved unanimously.
Topic 6: New directions for EWG.
• Iyer: requested EWG members to come up with new ideas for projects that meet their ideas and
interests and constraints.
Motion to adjourn by Gubrud. Seconded by Griffith. Unanimously approved.
Meeting adjourned.
Respectfully Submitted,
Surya Iyer
12
SMALL WIND AND SOLAR RENEWABLE ENERGY SYSTEMS
SECTIONS:
1: Purposes
2: Definitions
3: General Requirements
4: Small Wind Energy Systems
5: Solar Energy Systems
Other Renewable Energy Systems
6: Conditional Uses
7: Maintenance
8: Severability
9: Conflicts Resolved
1: PURPOSES: The purposes of this chapter are to:
1.1. Provide zoning regulations to guide the installation and operation of Small Wind and Solar
Renewable Energy Systems in the City of Edina.
1.2. Accommodate sustainable energy production from renewable energy sources.
1.3. Preserve the aesthetics of the zoning districts in the interest of property values, public health, and
welfare.
2: DEFINITIONS: As used in this chapter, the following terms shall have the meanings indicated:
2.1 LARGE WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a
tower or mounting, and associated control or conversion electronics, which is intended primarily to
generate utility power at a commercial scale.
2.2 NET METERING: An arrangement by which excess energy generated by a Renewable Energy System
is distributed back to the electrical utility grid.
2.3 RENEWABLE ENERGY SYSTEM: A system that generates energy from natural resources such as
sunlight, wind, and geothermal heat. As used herein, the term "Renewable Energy System" refers to
Small Wind Energy Systems and Solar Energy Systems only.
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2.4 SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a
tower or mounting, and associated control or conversion electronics, which is intended primarily to
reduce onsite consumption of utility power.
2.5 SMALL WIND ENERGY SYSTEM, GROUND -MOUNTED: A Small Wind Energy System that is not
attached to another structure and is affixed to the ground, or that is attached to an antenna, light pole
or other utility facility.
2.6 SMALL WIND ENERGY SYSTEM, ROOF -MOUNTED: A Small Wind Energy System affixed to the roof of
a principal (do we need to define 'Principal' — how about residential?) structure.
2.7 SOLAR ENERGY SYSTEM: A system that uses the power of the sun to capture, distribute and/or store
energy for on-site consumption of electricity or hot water,.
2.8 SOLAR ENERGY SYSTEM, BUILDING -MOUNTED: A Solar Energy System affixed to either the principal
or accessory structure.
2.9 SOLAR ENERGY SYSTEM, GROUND -MOUNTED: A Solar Energy System that is not attached to another
structure and is affixed to the ground, or that is attached to an antenna, light pole or other utility
facility.
2.10 TOTAL SYSTEM HEIGHT: The total height of the tower and the wind turbine of a Small Wind Energy
System, as measured from the average grade at the base of the system to therishest point of the
s sy tem.
3: GENERAL REQUIREMENTS: The requirements set forth in this Section shall govern the construction
and/or installation of all Renewable Energy Systems governed by this Chapter.
Deleted: utility power
Deleted: top of the blade or rotor
3.1. Applicability: The provisions of this ordinance are intended to establish zoning parameters by which
Renewable Energy Systems may be installed in the City of Edina. This Chapter does not authorize Large Deleted: solar and small wind
Wind Energy Systems or,(What if we iust don't authorize them rather than ban them —they could still Deleted: are not permitted.
come in under another process) otherrenewable energy installations not addressed explicitly hereini Deleted: Additional
such systems may be authorized subject to compliance with the applicable codes and standards of the
City of Edina.
3.2. Use: Except as authorized by the City Council for public utility purposes, a Renewable Energy System
shall be accessory to the principal permitted use of a site.
3.3. Approvals: Approval granted to an individual property owner for a Renewable Energy System under
the provisions of this ordinance shall not be construed to bar owners or tenants of any adjacent
property from ordinary or permitted building, landscaping or other accessory improvements, even if
such improvements may diminish the function of said Renewable Energy System.
3.4. Permitting and Installation:
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3.4.1 Unless otherwise exempted by the City Engineer, a City of Edina building permit is required prior to
the installation of any Renewable Energy System.
3.4.2 Renewable Energy Systems that do not require a building permit in accordance with Section 3.4.1
shall not be subject to the requirements of this Chapter.
3.4.3 The owner of a Renewable Energy System shall ensure that it is installed and maintained in
compliance with applicable building and safety codes adopted by the City and any other state or Federal
agency of competent jurisdiction.
3.4.4 All Small Wind Energy Systems shall be equipped with manual and/or automatic controls to limit
rotation of blades to a speed within the manufacturers' designed limits.
...some systems also have shut -down capability due to conditions other than high wind ... do we need to
reference...?
3.4.5 All wiring associated with a Renewable Energy System shall be underground or contained within a
raceway that complements the building materials of the principal structure. The location of such
infrastructure shall be documented per its "as -built" condition.
3.5. Interconnection with Public Works Department— Electric:
3.5.1. Energy produced by a Renewable Energy System shall be utilized on-site, except for Net Metering
as authorized by the City of Edina Public Works Department and other appropriate regulatory agencies
as required by law.
3.5.2. The interconnection of any Renewable Energy System to the City of Edina Public Works
Department — Electric distribution grid shall be in accordance with the Department's Service Rules and
Policies, including standard practices as may be amended from time to time.)
3.6. Illumination of a Renewable Energy System shall be prohibited, except to accommodate co -
installation of parking lot lighting luminaires or as required by the Federal Aviation Administration (FAA)
or other state or Federal agency of competent jurisdiction.
3.7. Signage: No commercial signage or,@dvertising or promotional device is permitted on any
Renewable Energy System.
3.7.1. A sign of a plain white background with black lettering not exceeding four (4) square feet in size
shall be provided on each Small Wind Energy System which indicates the emergency contact information
of the property owner or operator.
...provision for updates following a transfer of ownership...?
3.8. Screening: No rr chanical screening is required for Renewable Energy Systems.
3.9. Historic Structure: Renewable Energy Systems shall comply with Historic Preservation statutes.
15
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the grief are dw Imerconnection
proctkea estebhshed by the dty or by the
Puc?
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Deleted: There shall be no required m
4: SMALL WIND ENERGY SYSTEMS
4.1. Authorization of Use
4.1.1. Roof -Mounted Small Wind Energy System:
4.1.1.1. Permitted Use: Roof -Mounted Small Wind Energy Systems may be authorized administratively in
all Business Districts and Industrial Districts,,,Subject to approval by the City Enginee�or designee.
4. 1.1.2. Conditional Use: Roof -Mounted Small Wind Energy Systems may be authorized as a conditional
use for any institutional, utility or non-residential use in a Residence District in accordance with the
provisions of Section 6 of this Chapter.
4.1.2. Ground -Mounted Small Wind Energy System:
4.1.2.1. Permitted Use: Ground -Mounted Small Wind Energy Systems may be authorized
administratively in the I (Industrial), ORI (Office, Research and Light Industrial), RD (Research and
Development) and BP (Business Park) Districts in accordance with the requirements of this Chapter and
subject to approval by the City Engineer or jlesignee. _ _
4.1.2.2. Conditional Use: A Ground -Mounted Small Wind Energy System may be authorized as a
conditional use in any Business District except the BP (Business Park) District or in any Residence District
in accordance with the provisions of Section 6 of this Chapter.
4.2. Height:
4.2.1 Roof -Mounted Small Wind Energy System: The total height of a Roof -Mounted Small Wind Energy
System shall not exceed�twelve feet (12') above the peak roof height or�ten feet (10') above the
maximum permitted height of the zoning district, whichever is less.
4.2.2 Ground -Mounted Small Wind Energy System:
4.2.2.1 In all districts except the I (Industrial), ORI (Office, Research and Light Industrial), RD (Research
and Development) and BP (Business Park) Districts, Ground -Mounted Small Wind Energy Systems shall
be limited to a maximum Total System Height ofsixty feet (60'j.
4.2.2.2 In the I (Industrial), ORI (Office, Research and Light Industrial), RD (Research and Development)
and BP (Business Park) Districts, Ground -Mounted Small Wind Energy Systems shall be limited to a
maximum Total System Height ofpne-hundred fifty feet (150').
4.2.2.3 In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and
the ground shall be fifteen feet (15).
4.2.2.4 Any Small Wind Energy System that exceeds the height limitations defined in this Section shall be
required to obtain a zoning variance.
4.3. Location:
16
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4.3.1. Roof -Mounted Small Wind Energy Systems:
4.3.1.1. Roof -Mounted Small Wind Energy Systems shall be affixed to the roof deck of a flat roof or to
the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure.
The method of support shall be designed/reviewed/approved by a licensed structural engineer.
4.3.1.2. Such systems must be set back a minimum of (five feet (5'J from the edge or eave of the roof.
4.3.2. Ground -Mounted Small Wind Energy Systems:
4.3.2.1. Ground -Mounted Small Wind Energy Systems, including all appurtenances and anchoring
equipment, shall not be located within the required front yard or corner side yard or in any utility,
water, sewer, or other type of public easement.
4.3.2.2. Ground -Mounted Small Wind Energy Systems, including all appurtenances and anchoring
equipment, shall be set back a distance equal to 1.1 times the system height, from the base to all
property lines, third party transmission lines, Ground -Mounted Small Wind Energy Systems, overhead
electric distribution systems and communication towers. Is this necessary?
4.4. Noise: Sound levels for any Small Wind Energy System shall not exceed the maximum decibels
established in City Code. The city may, at its discretion, require a professional sound measurement by a
third party expert at the expense of the property owner, to confirm performance of the wind energy
system as measured from the ground level at the nearest property line.
4.5. Color: Small Wind Energy Systems may remain finished in the color originally applied by the
manufacturer, unless otherwise authorized by the building permit. Finishes shall be non -reflective,
neutral and be monochromatic in color and shall minimize visual disruption to the surrounding area.
Ground equipment, such as cabinets and associated facilities, shall be factory finished to match or
complement the color of other structures on the lot.
4.6. Unauthorized Access: Ground -Mounted Small Wind Energy Systems and all components thereof
shall be protected against unauthorized access by the public. No climbing ladder, foot pegs or rungs shall
be permanently attached below a height of twelve feet (12') above grade.
5: SOLAR ENERGY SYSTEMS
5.1. Authorization of Use:
5.1.1. Permitted Use:
5.1.1.1. Building -Mounted and Building -Integrated Solar Energy Systems may be authorized
administratively in all zoning districts in accordance with the requirements of this Chapter and subject to
approval by the City Enginee4oroesignee.
17
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Deleted:,
Deleted: their
5.1.1.2. Ground -Mounted Solar Energy Systems may be authorized administratively in the Industrial and
Business Districts in accordance with the requirements of this Chapter and subject to approval by the Deleted:
Director of Public Utilities and the City Engineer or4esignee. t Deleted: their
5.1.2. Conditional Use: A Ground -Mounted Solar Energy System that is accessory to a principal
institutional, utilities or non-residential use may be authorized as a conditional use in any Residence
District in accordance with the provisions of Section 6 of this Chapter.
5.2. Height:
5.2.1. Building -Mounted Solar Energy System: A Building -Mounted Solar Energy System may have a
maximum height often feet (10) as measured from the roof surface on which the system is mounted to
t Formatted: Highlight )
the highest edge of the system provided, however, that the system shall not exceed five feet (S'J above
Formatted: Highlight
the peak roof height orfive feet (S'j above the maximum permitted height of the district, whichever is
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less.
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5.2.2. Ground -Mounted Solar Energy System: The maximum height of a Ground -Mounted Solar Energy
Formatted: Highlight
System shall be�six feet (6) as measured from the average grade at the base of the pole to the highest
Formatted: Highlight
edge of the system.
Formatted: Highlight
5.3. Location:
5.3.1. Ground -Mounted Solar Energy Systems:
5.3.1.1. Ground -Mounted Solar Energy Systems shall not be located within the f ront yard or corner side Deleted: required
yard or in any utility, water, sewer, or other type of public easement.
5.3.2. All parts of any Ground -Mounted Solar Energy System shall be set back at least five feet (5') from
the interior side and rear property lines.
6: CONDITIONAL USES
6.1. Application: A petition for a conditional use permit for a Renewable Energy System shall be initiated
by application in accordance with the provisions of this Section, and may be issued in accordance with
this Section.
6.2. Issuance: The City Council may issue or deny a conditional use permit pursuant to this Chapter.
6.3. Standards for Granting a Conditional Use:
6.3.1. The City Council shall determine that the application has met all of the general requirements of
this Chapter, except those for which a variance has been specifically granted or sought; and
6.3.2. The proposed energy system shall further the intent of this Chapter and provide renewable
energy to the property on which it is situated,ndro the electrical utility grid if alicabl • and
18
Comment [A2]: Net metering - I
wouldn't make this mandatory, but
encouraged if appropriate for the
. system being proposed
Deleted: as well as
Deleted: back
6.3.3. The proposed Renewable Energy System is located in such a manner as to minimize intrusions on
adjacent residential uses through siting on the lot, selection of appropriate equipment, and other
applicable means; and
6.3.4. The proposed Renewable Energy System complies with the service rules and policies of City of
Edina's Public Works Department —Electric asamended; and
6.3.5. The establishment of the proposed Renewable Energy System will not prevent the normal and
orderly use, development or improvement of the adjacent property for uses permitted in the district.
7: MAINTENANCE AND REMOVAL Of RENEWABLE ENERGY SYSTEMS
7.1. Renewable Energy Systems must be maintained in good repair and operable condition at all times,
including compliance with all standards in applicable building and technical codes to ensure structural
and technical integrity of such facilities, except for maintenance and repair outages.)f a system becomes
inoperable or damaged, operations must cease and be promptly remedied
7.2. If the City determines that a Renewable Energy System fails to comply with the applicable provisions
of this Code, the City shall provide written notification to the property owner. The property owner shall
have a period of ninety (90) days from the date of notification to either restore the Renewable Energy
System to operation or remove the system.
7.3. In the event such Renewable Energy System is not brought into compliance with this Code within
the specified time period, the City may remove or cause the removal of said facility at the property
owner's expense.
7.4. The City may pursue any and all available legal remedies to ensure that a Renewable Energy System
which fails to comply with this Code or which constitutes a danger to persons or property is brought into
compliance or removed.
7.5. Any delay by the City in taking enforcement action against the owner of a Renewable Energy System
and the owner of the property if such owner is different from the owner of such facility, shall not waive
the City's right to take any action at a later time.
7.6. The City may seek to have the Renewable Energy System removed regardless of the owner's or
operator's intent to said facility, and regardless of any permits that may have been issued or granted f
a Renewable Energy System fails to comply with this Code or constitutes a danger to persons or
property.
7.7. After the Renewable Energy System is removed, the owner of the Subject Property shall promptly
restore the Subject Property to a condition consistent with the property's condition prior to the
installation of the system. This includes all footing, foundation and sub -surface infrastructure.
8: SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Chapter is held
invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion shall be
19
Deleted: may be
Deleted: from time to time
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deemed a separate, distinct and independent provision and such judgment shall not affect the validity of
the remaining portions hereof.
9: CONFLICTS RESOLVED: This Chapter supersedes all chapters or parts of ordinances adopted prior
hereto which are in conflict herewith, to the extent of such conflict.
20
City of Edina Resolution # 2011-xx
Establishing Commercial Property Assessed
Clean Energy Demonstration Program in Edina
WHEREAS, The Minnesota Legislature enacted a law in 2010 known as the "Energy
Improvements Program For Local Governments", Minn. Stat. § 216C.436, authorizing a
municipality to establish a program to finance energy improvements to enable owners of
qualifying real property to pay for cost-effective energy improvements to the qualifying
real property with the net proceeds and interest earnings of revenue bonds authorized
in this section, and,
WHEREAS, The City of Edina, resolves that it is in public interest to provide property
owners within the city boundaries the opportunity to finance their energy efficiency
and/or renewable energy project in accordance with Minn. Stat. § 216c.436, and,
WHEREAS, The City of Edina, as a GreenStep city, elects to provide private owners of
commercial, industrial and residential buildings within the city boundaries effective and
meaningful opportunities to work with utilities and others to assess and finance energy
and sustainability improvements of existing structures, and,
WHEREAS, The City of Edina, has determined that a Property Assessed Clean Energy
(PACE) program in Edina, as defined and regulated by Minn. Stat. § 216c.436, provides
the best opportunity for owners of qualifying property to access cost-effective financing
for energy saving improvements to their properties located in the City,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina,
Hennepin County, Minnesota, that it is the intention of the city to establish a private
placement demonstration commercial property PACE program in the City, for the
installation of a solar PV system, consistent with the goals and requirements of Minn.
Stat. § 216C.436 and with the further intention that this project will serve as the
foundation to developing and implementing a broader PACE program available to all
Edina businesses and residents.
Revised Nov. 7, 2011
21
City of Edina, Minnesota
Edina Emerald Energy Program
PROGRAM REPORT AND
ADMINISTRATIVE GUIDELINES
4501 West 50th Street, Edina, Minnesota 55347
Phone: Fax:
E-mail: www.cityofedina.org
REV 11/082011 Draft 11
22
Edina Emerald Energy Program
PROGRAM REPORT AND ADMINISTRATIVE GUIDELINES
Table of Contents
I. Introduction......................................................................................................... 1
A. Goals..............................................................................................................
1
B. Program Benefits............................................................................................
2
C. Program Administration...................................................................................
2
ll. Program Requirements.......................................................................................
3
A. Program Report ..............................................................................................
3
B. Geographic Parameters..................................................................................4
C. Eligible Property Owners and Eligible Properties............................................4
D. Eligible Equipment..........................................................................................
5
E. Eligible Costs and Program Fees....................................................................6
F. Administrative Costs.......................................................................................
7
III. Tracks for Participation........................................................................................8
A. ......................................................................
8
B. The Energy Efficiency Track...........................................................................
8
C. The Solar Track..............................................................................................
8
D. The Custom Measure Track............................................................................8
IV. Water Conservation, Energy Surveys, and Solar Site Checks ............................9
A. Residential Properties.....................................................................................9
B. Commercial Properties...................................................................................
9
V. Program Parameters..........................................................................................10
A. Minimum Energy Financing Amount and Duration of Assessment ................
10
B. Maximum Energy Financing Amount............................................................
10
C. Maximum Portfolio........................................................................................
10
D. Assessment Interest Rate.............................................................................10
E. Property Assessment Lien............................................................................
11
F. Delinquent Assessment Collections..............................................................
11
VI. The Financial Strategy.....................................................................................
11
VII. Changes to Report .............................................................................................13
Appendix A — Eligible Improvements........................................................................
1
1. ,
3
Il. Energy Efficiency Measures...............................................................................
3
A. Residential Energy Efficiency Measures........................................................
3
B. Residential Energy Efficiency Custom Measures ..........................................
7
C. Commercial Energy Efficiency Measures.......................................................
7
D. Commercial Energy Efficiency Custom Measures ........................................
7
III. Solar Equipment.................................................................................................
8
IV. Custom Measures..............................................................................................
8
A. Energy Efficiency Custom Measures.............................................................
9
B. Energy Generation Custom Measures...........................................................
9
APPENDIX B — Map of Area...................................................................................
1
APPENDIXC — Application.....................................................................................
1
APPENDIX D — Contract Documents......................................................................
1
APPENDIX E — Summary of Financing Process .....................................................
1
23
Deleted: The Water Conservation
Track
Deleted: Water Conservation
Measure
............................................................
................ t n
A. Residential Indoor Water
Conservation Measures.
........................................ t ¶
B. Residential and Commercial
Outdoor Water Conservation
Measures........... 21
C. Commercial Water Conservation
Measures ............................................
2%
D. Commercial Custom Measures.
.........................................................
......... 21
E. Residential and Commercial
Recycled Water Use (Custom Track
Measures)..............................
............................................................
EDINA EMERALD ENERGY PROGRAM
Program Report and Administrative Guidelines
N I: ill:Ze] 11,119111 C•].
In 201 Q the Minnesota State Legislature approved 216C.346, authorizing cities and Deleted: [date]
counties to establish voluntary contractual assessment programs to fund an array of t Deleted: [bill number]
conservation and renewable energy projects proposed by property owners. The State
Legislature declared that a public purpose will be served by such programs, giving local
governments the authority to finance the installation of distributed generation renewable
energy sources — such as solar — and energy efficiency improvements that are permanently
affixed to residential, commercial, industrial, or other real property.
To make energy efficiency and, conservation improvements more affordable and to promote Deleted: water
their installation, the bill [bill #] provides procedures for authorizing voluntary assessments
to finance the cost of these improvements. The Edina Emerald Energy Program ("EEEP" or
"Program") works at the request and with the consent of owners of the property on which
the energy and water conservation improvements are to be made.
The program will provide financing ("EEEP financing") to property owners within the City to
finance the installation of energy efficiency and conservation improvements under
contractual assessment agreements. Property owners will repay EEEP financing through an
assessment levied against their property which is payable in semi-annual installments on
property tax bills.
A. Goals.
EEEP will help property owners of improved real property make principled investments in
the long-term health of the local, state, and national economy and global environment by
providing a long-term financing mechanism for energy efficiency and conservation
improvements.
EEEP provides multiple benefits. By enabling property owners to take responsible energy
efficiency and, conservation actions, the Program will reduce_ their utility bills. At the same
time it boosts the local economy,. supports the City's Green Steps Cities Program, and
makes it possible for the City of Edina to fulfill energy efficiency andFonservation and
climate protection goals.
B. Program Benefits.
From the City's perspective, the program will be a key element in achieving greenhouse gas
reduction goals. EEEP provides a significant tool for funneling more resources into the shift
to greater efficiency and renewable energy. Lower energy use translates directly into
reduced greenhouse gas emissions and helps secure our energy future.,
For property owners, EEEP offers a no -money -down means of financing energy efficiency
and,conservation improvements, fixed-rate financing over a number of years, financing
without requiring a property appraisal, a streamlined financing and repayment process, and
access to financing that may not readily be available through traditional means, such as
home equity loans.
24
Deleted: water
Deleted: the Minnesota power grid,
and national and global energy
interests
Deleted: water
Deleted: Reducing water use helps
conserve our finite water supply and
saves even more energy.
Deleted: water
C. Program Administration.
The City Manager shall designate anFEEP Program Administrator. The EEEP Program
Administrator isputhorized to enter into contractual assessments on behalf of the City. The
Program Administrator will oversee professionals from the City's Finance Department_,
EEEP staff responsibilities will include: Community outreach; Responding to property
owners inquiries; Processing applications; Managing and tracking funds available for EEEP;
Tracking individual and collective energy conservation; and Working and coordinating with
participating jurisdictions.
EEC responsibilities include: public promotion and community education of the Program
and review of Program administration activities and performance,
II. PROGRAM REQUIREMENTS
Program Report In order to establish this program, the City must prepare this report
setting out how the program will function (the "Program Report"). The Program Report is the
guiding document for EEEP and fulfills the statutory requirements that this report contain:
• A map showing the boundaries of the territory within which contractual assessments
are proposed
• A draft assessment contract between a property owner and the City
• Program policies concerning contractual assessments, including: a list of eligible
improvements; identification of the City official authorized to enter into contractual
assessments on behalf of the City; maximum aggregate dollar amount of contractual
assessments; and a method for setting priority for applications in the event that
requests appear likely to exceed the authorization amount
• A plan for funding the program
• Information on the City's cost of placing assessments on the tax roll.
B. Geographic Parameters. All property within the corporate limits of the City of Edina is
geographically eligible to participate in the Program. A map showing the City boundaries is
attached as Appendix B.
C. Eligible Property Owners and Eligible Properties. Property owners may be
individuals, associations, business entities, cooperatives, and virtually any owner which
pays secured real property taxes. Only property classified as commercial/industrial by the
City Assessor is eligible to participate in the Program. Certain eligibility criteria must be
satisfied. Financing may be approved if the following criteria are met:
• Property Title is vested in the applicant(s), without federal or state income tax liens,
judgment liens or similar involuntary liens on the property.
• Property owner is current on property taxes.
• Property owner is not in bankruptcy, and the property is not an asset in a bankruptcy
proceeding.
• Property owner is current on mortgage(s).
• The lender has signed an acknowledgement regarding EEEP financing
Improvement costs are reasonable to property value.
25
Deleted: is designated as the
Deleted: and is
Deleted: , Environmental Protection
Office and other City staff, along with
the members of the City's
Environment and Energy Commission
("EEC') in administering the Program.'
Deleted:
Deleted: ; review of Program
applicant materials; and making
recommendation of approval or denial
of Program participation for City
Council actions.¶
As a guideline, proposed improvements should not exceed 10 percent of assessed value. If
the proposed project exceeds this guideline or otherwise does not appear prudent when
compared to the property's value, the Program Administrator may require additional
information supporting both the reasonable relationship of the improvements to the
property, and information related to the ability of the property owner to repay the
assessment.
These applications are reviewed on a case-by-case basis; and if property owner has been in
bankruptcy in the past three years, the bankruptcy must have been concluded at least one year
before application was filed. In addition, all mortgage payments due on the property must have
been timely paid during the six months preceding the application. If property is subject to loan
modification because of default or delinquency, the loan modification must have been
completed at least one year before application was filed. In addition, all mortgage payments due
on the property must have been timely paid during the six months preceding the application.
EEEP financing is not currently available for properties that are not subject to secured
property taxes, such as governmental entities and certain non-profit corporations, or for
mobile homes that are not affixed to real property and subject to secured property tax.
Property owners may make more than one application for funding under the program if
additional energy and water conservation improvements are desired by the owner.
D. Eligible Equipment.
EEEP affords property owners in the City of Edina the opportunity to take advantage of a
wide range of energy -savings and conservation measures, consistent with the following
provisions:
(1) EEEP financing is intended principally for retrofit activities to replace outdated inefficient
equipment and to install new equipment that reduces energy consumption, produces
renewable energy, or reduces energy use,, However, EEEP financing is also available for Deleted: through water
purchasers of new businesses that wish to add energy efficiency, renewable energy, and conservation
energy conservation improvements after taking title to the property. Deleted: homes and
(2) EEEP provides financing only for improvements that are permanently affixed to real
property.
(3) EEEP provides financing only for improvements specified in Appendix A. Broadly, these
include:
(a) Energy Efficiency Improvements;
(b) Solar Systems; and
(c) Custom Measures, such as Large scale commercial or industrial projects requiring
engineering design and meeting the financing threshold ($500,000) requiring approval
by the City Council aorprojects involving emerging technologies for _ Improvements
that provide new ways to save or generate energy will be evaluated on a case-by-case basis.
A detailed list of Improvements is set out in EEEP's Eligible Improvements list.
EEEP financing is also available for projects that combine eligible improvements,
such as bundling off, energy efficiency and renewable energy measures. For
instance, a property owner may choose to replace an aging and inefficient furnace,
install weather stripping, ,and install a photovoltaic system.
26
Deleted: Board of Supervisors
Deleted: water conservation
Deleted: install low flow toilets
E. Eligible Costs and Program Fees.
(1) Project Costs. Eligible costs of the energy efficiency and conservation improvements include
the cost of equipment and installation. Installation costs may include, but are not limited to,
energy evaluation consultations, labor, design, drafting, engineering, permit fees, and inspection
charges. All improvements, including those normally exempt from permit requirements, will
require a permit from the City. Final inspection by a building inspector will ensure that the
Improvements were completed and compliant with all applicable building codes..
The installation of energy savings and conservation improvements can be completed by a
qualified contractor of the property owner's choice. Eligible costs do not include labor costs for
property owners that elect to do the work themselves.
Property owners who elect to engage in broader projects may only receive EEEP financing for
that portion of the cost of retrofitting existing structures with energy and conservation
improvements. Repairs and/or new construction do not quality for EEEP financing except to the
extent that the construction is required for the specific approved improvement., Deleted: Repairs to existing
The value of expected rebates but not the value of expected tax credits will be deducted from infrastructure, such as water and
EEEP financing. "Expected rebates" do not include rebates 1 that are contingent on sewer laterals, not eligible. are considered repairs
9• �� P () g and are not eligible. ¶
performance or (2) that are not available to the property owner at or shortly after completion of
the project, so as to be available for use to pay for the project.
EEEP staff will determine whether the estimated equipment and installation costs are
reasonable. EEEP staff will evaluate market conditions and may require the property owner
to obtain additional bids to determine whether costs are reasonable. While the property
owner may choose the contractor, the amount available for EEEP financing will be limited to
an amount determined reasonable by EEEP staff, and may be reviewed by the Program
Administrator., Deleted: The Edina Energy and
(2) Program Fees. The following program fees will be the responsibility of the property owner. Environment commission will review
The annual assessment fee will be included on the annual tax statement. The other fees must all projects over $500,000. ¶
be paid at the time they are incurred.
(a) Title costs, including title insurance, where required.
(b) Recording fee for documents required to be recorded by State Jaw, which includes Deleted: law, which include
the Notice of Assessment, Assessment Contract, and Disclosure Notification.
(c) Legal fees and underwriting fees incurred by the City for the project financing
(3) Escrow fees. Some large projects, or projects with multiple contractors, may benefit from
funding through an escrow process. If this process is selected by the property owner, the
owner would select an escrow agent, and after the Assessment Contract is signed, the
amount requested would be funded into the escrow account. Escrow instructions governing
release of the funds would need to be approved by the Program Administrator. All fees
related to this process would be the responsibility of the property owner but could be
requested as part of Program funding. As in the Multiple Disbursement Assessment
Contract, interest on the full amount of the requested disbursement will begin to accrue as
soon as the escrow is funded. Any amount not needed at the completion of the project must
27
be returned to the Program, and will be deducted from the amount of the assessment lien.
All projects over $500,000 must utilize an escrow process.
F. Administrative Costs.
The Program may elect to cover all or a portion of its costs through the "spread" between its
interim funding source interest rate and the EEEP financing interest rate offered to the
property owner. Similarly, it may elect to recover EEEP costs through a spread between
bond rates and assessment rates, or the spread between interest rates of any financial
vehicle. The Program shall charge a $100 administrative fee at the time of submission of
the EEEP application.
Ill. TRACKS FOR PARTICIPATION
There are three categories or "tracks" of technologies under which property owners may
participate in the program. Eligible improvements must meet specified minimum efficiency
standards. A complete list of approved improvements is set out in the Eligible Improvements
list.
A. The Energy Efficiency Track.
The Energy Efficiency Track covers a wide range of energy efficiency fixtures from windows
and doors, attic insulation and HVAC equipment that is Energy Star rated. Packaged and
central air conditioning systems must meet specified minimum efficiencies.
B. The Solar Track.
The Solar System Track covers solar energy generation and solar hot water systems.
C. The Custom Measure Track.
The development of technologies is encouraged by EEEP as a means of diversifying the
City's energy sources. The Custom Measure Track will evaluate and provide funding, if
appropriate, for these innovative projects.
Applicants for the Custom Measure Track should consult with EEEP staff to determine
eligibility and will be required in most cases to submit engineering plans and specifications.
The Program Administrator, or designated staff, will approve the Custom Measure Track
application on a case-by-case basis, and may request consultation from outside technology
experts in making this decision. The applicant would be expected to bear the cost of such
consultation. Cost reimbursement would be discussed with the applicant before the project
was reviewed.
IV. ENERGY AUDITS, EVALUATIONS AND SOLAR SITE CHECKS
An onsite energy audit or evaluation is required for to participate in the Program. Your
energy providers (Xcel Energy or CenterPoint Energy) may offer a energy audit or
evaluation services for commercial properties to help property owners determine the most
cost-effective and efficient route to maximize investment and energy savings. Commercial
property owners may include the cost of the energy audit or evaluation in the application for
EEEP financing.
28
V. PROGRAM PARAMETERS
A. Minimum Energy Financing Amount and Duration of Assessment.
EEEP Assessment Contracts are available for up to 10 -year terms to accommodate a wide
range of efficiency measures and renewable energy investments. The minimum amount for
a EEEP Assessment Contract is $2,500. All Assessment Contracts below $5,000 are
subject to a five- or ten-year assessment repayment period. Assessments over $5,000 are
subject to a 10 -,assessment repayment period, requested by the property owner, and
agreed to by the Program Administrator or designated Program staff. The Program
Administrator may approve a five-year term for a Contract exceeding $5,000 after
discussion with the property owner and in the Program Administrator's discretion after
considering such factors as cost to value ratio, and the marketability of bonds relying on the
Assessment Contract for security.
B. Maximum Energy Financing Amount.
Improvement costs must bear a reasonable relationship to assessed value of the property.
All contracts for amounts up to $20,000 may be approved by the Program Administrator;
Amounts over 122-000jnustbe reviewed and approved by the - Edina City Council.
EEEP financing will be disbursed directly to the property owner after improvements are
completed and final documentation is submitted to EEEP Staff.
C. Maximum Portfolio.
The City intends to initially fund EEEP with a commitment of up to $1 million of its total
statutory debt capacity. The City will explore other financing opportunities, with the goal of
expanding the Program to $10 million of its total statutory debt capacity.
D. Assessment Interest Rate.
The Program Administrator will set the interest rate for a EEEP Assessment Contract at the
time the Program and property owner enter into the contract. The interest rate will be fixed
at that point and will not go up, although the City may reduce the rate for all Program
participants if it is able to negotiate long term financing on sufficiently favorable terms to
allow it to do so while still funding the program costs.
The interest rate for the EEEP program will be determined by the negotiated market rate of the
special assessment revenue bonds. The Program will recover its administrative and overhead
costs through the spread between the market rate of the revenue bonds and the interest rate
charged to the applicant in the special assessment contract. Initially, the Program
Administrator is recommending the interest rate for the program be set at a fixed interest
rate spread of 2.00 percent.
E. Property Assessment Lien.
All property owners must sign and notarize the EEEP Assessment Contract and
Implementation Agreement ("contract documents"). Upon execution of the contract
documents, the program will place a lien for the full amount of the assessment on the
property that secures the assessment, including capitalized interest being the amount of
interest accrued from the date of disbursement through September 1 of the first tax year. If
29
Deleted: or 20 -year
Deleted: amounts between $20,000
and $200,000 may be approved by
the Program Administrator with the
additional authorization of the EEC
Deleted: $200,000
Deleted: have
Deleted: the additional review and
approval by the
funds are disbursed to property owners by the first business day in September, the
assessment will appear on the next tax bill. For disbursements made after the first business
day of September, the assessment will not appear on the tax bill until the following tax year,
but interest will accrue on the outstanding amount.
F. Delinquent Assessment Collections.
Delinquent assessments will be collected using the laws and powers authorized under state
statutes for collecting property taxes and assessments. Delinquent assessments will be
collected and allocated, in accordance with state statutes. Where bonds have been sold to
finance assessments, state law also allows delinquent assessments to be collected through
foreclosure proceedings to protect bondholders.
VI. THE FINANCIAL STRATEGY
The City Finance Director will establish the Edina Emerald Energy Program Fund (the
"EEEP Fund") and may accept funds from any available source and may disburse the funds
to eligible property owners for the purpose of funding energy efficiency and conservation
improvements. Repayments will be made pursuant to Assessment Contracts between the
property owners and City of Edina and will be collected through the property assessment
mechanism in the Edina City property tax system.
The City will manage the EEEP in one enterprise fund with multiple sub -funds. It is
necessary to ensure that financings equal the City's receivables. Likewise, it is necessary to
separate City's funds for repaying bonds, etc. to ensure funds are available when payment
is due. The Program Administrator has the authority to develop the necessary accounting
structure needed to run the EEEP.
Each year, the City may use assessment revenues in excess of the amounts needed to
repay the loan to fund a reserve account and a program expense account. Moneys in the
reserve account will provide additional security for the repayment of the loan. Moneys in the
program expense fund may be used to pay or reimburse the City for expenses to administer
the EEEP. The City may use surplus funds, which remain after the payment of the Bond at
maturity or upon early redemption for any lawful purpose for the program.
The City will use revenues from the annual administrative assessment provided for in each
assessment contract to pay for the administrative expenses of the City in connection with
the bond and the collection of the assessments. It is anticipated the administrative
assessment will be a nominal amount, to cover the cost of the assessment administrator
and the Program Administrator cost in placing the charge on the tax roll.
For long-term and additional financing, the Program Administrator will explore funding
opportunities from a number of other potential funding sources, and combinations of
sources, which may include but are not limited to additional funding from any funds under
the control of the City of Edina, the issuance of notes, bonds, or agreements with utilities or
public or private lenders, other governmental entities and quasi -governmental entities, or
any financing structure allowed by law.
30
Program Administrator will report on program progress to the EEC on a quarterly basis and
the City Council on an annual basis with the information necessary to further adjust the
Program to encourage participation and effectiveness, with recommendation from the
Program Administrator.
The Program Administrator shall have the authority to establish a EEEP budget to be
ratified by the City Council.
VII. CHANGES TO REPORT
The Program Administrator may make changes to this Report that the Program
Administrator reasonably determines are necessary to clarify its provisions. Any changes to
this report that materially modify the EEEP shall only be made after review and
recommendation of the EEC and approval by the, City Council Deleted: Program Administrator and
The Program Administrator may modify from time to time the eligible improvements List,
Assessment Contract and Application attached hereto as Appendix A, Appendix D and
Appendix C, respectively, as deemed necessary by the Program Administrator to effectuate
the purposes of the program.
31
APPENDIX A — ELIGIBLE IMPROVEMENTS The Edina Emerald Energy Program offers
EEEP funds for a number of equipment types, including energy efficiency measures, solar
systems, and other innovative, energy-saving and energy generation custom measures. In
each case, if a rebate is available to the property owner to be applied to the purchase price,
that amount must be deducted from the amount of financing requested. A comprehensive
list of eligible improvements is available on the EEEP website.
I. ENERGY EFFICIENCY MEASURES
The EEEP provides services and funding for a wide range of Energy Star -rated efficiency
measures, including many Energy Efficiency measures for which property owners can get
rebates as well as EEEP funding. Excepting the HVAC equipment as noted below,
efficiency measures must meet the performance criteria stated in the list of eligible
improvements or the Energy Star minimum efficiency levels. For all packaged and central
air conditioning systems funded in this Program, the minimum efficiency levels shall be as
required by the current minimum requirements set forth in list of eligible improvements. All
other proposed efficiency measures will be considered in the Custom Measure Track. The
City of Sonoma anticipates that Energy Star requirements will "ratchet up" to greater
efficiency levels over time. Energy Star will also become more inclusive of technologies
over time. Thus, the EEEP will evolve with Energy Star and the market for energy-efficient
technologies. The following Energy Star measures — among others — are eligible in the
Efficiency Track.
A. Commercial Energy Efficiency Measures. (1) Heating, ventilating and air conditioning
systems ("HVAC') (a) Minimum efficiencies (i) Split systems with 14 SEER or 12 EER (ii)
Package systems with 13 SEER or 11 EER (2) Geothermal exchange heat pumps (a)
Minimum efficiencies (i) Ground source exchange open loop system 17.8 EER or higher (ii)
Ground source exchange closed loop system 15.5 EER or higher (3) High efficiency electric
hand dryer (4) All applicable energy efficiency measures listed in "Residential' section
J3. Commercial Energy Efficiency Custom Measures. (1) Building energy management
systems, (2) Lighting control systems, which shall include occupancy sensors and other
energy saving measures (3) HVAC duct zoning control systems (4) Motors and controls
(processing or manufacturing equipment) (5) Customer electric vehicle plug-in station
II. SOLAR EQUIPMENT
Solar track funding is available for a wide range of solar equipment. EEEP funding will be
available for photovoltaic equipment and installers listed by the Minnesota Energy
Commission. Solar thermal equipment must be rated by the Solar Rating Certification
Council (SRCC). As with efficiency measures, if a rebate is available to the property owner
to be applied to the purchase price, that amount must be deducted from the amount of
financing requested. Eligible solar equipment for both residential and commercial properties
include:
(1) Solar thermal systems (hot water)
(2) Solar thermal systems for pool heating
(3) Photovoltaic systems (electricity)
32
Deleted: A. Residential Energy
Efficiency Measures. 9
(1) Geothermal exchange heat pumps
(a) Minimum efficiencies (i) Ground
source exchange open loop system
17.8 EER or higher (ii) Ground source
exchange closed loop system 15.5
EER or higher ¶
(2) Home EV charging installations ¶
(3) HVAC Systems (a) Minimum
efficiencies (i) Split systems with 14
SEER and 12 EER or higher rating (ii)
Natural gas furnaces of 90 AFUE or
higher (iii) Package systems with 14
SEER and 11 EER or higher rating
(b) Home energy management
control systems (c) Whole house fan
systems (d) Duct insulation, meeting
Energy Star guideline (e) Duct sealing
(f) Combined hydronic systems with a
coefficient of performance (COP)
meeting and or exceeding Title 24
requirements (g) Hydronic radiant
heating systems — in combination with
energy efficient water heating (h)
High Efficiency HVAC Air Fitter / Air
Cleaner (i.) Electronic Air Cleaner
/Fitter — Whole House (it.) Input
Power: 24Votts AC (iii.) Output
Power: 24KV DC Nominal (iv.) Rated
Static Pressure: 0.25" initial
500FPM (v.) Minimum Depth
Thickness: 2.0" Nominal (vi.)
Recommended media changes per
year: 1-2 per year (vii.) Ozone
production: 0 PPB detectable NOTE:
reference Manual D Residential Duct
System and Manual J Residential
Load Calculations and other relevant
guides ¶
(4) Evaporative Coolers (a) Cooler
must have a separate ducting system
from air conditioning and heating
ducting system (b) Maximum 5
gallonstlon-hour cooling ¶
(5) Natural gas storage water heater,
EF of 0.67 or higher and Energy Star
listed ¶
(6) Tankless water heater, EF of 0.82
or higher and Energy Star lisle . 1
Deleted: b) Be labeled for its initial
reflectance and initial emittance as
determined in the CRRC tests and be
labeled that the product meets Title
24, Section 118(i); ¶
(c) Achieve at least a 0.75 initial
emittance and 0.70 initial reflectance
or, if the initial emittance is less than
0.75, have an initial reflectance of at
least [0.70 + (0.34 x (0.75 — initial
emittance))];"and. if applied as a
liquid coating in the field, be applied
at a minimum dry mil thickness of 20
mils" across the entire roof surface
and meet performance requirements
listed in the table shown imme 2
Deleted: C
Deleted: D
(a) Battery back-up systems will be allowed
(b) Funding for off -grid systems will be allowed
(c) PV systems can be sized to accommodate plug-in electric vehicles
(d) Plug in stations
(4) Emerging technologies — following the Custom Measures Track
(a) Nano/thin film photovoltaic
(b) High intensity (parabolic solar panels)
Ill. CUSTOM MEASURES
The Custom Measures Track is a process by which EEEP Staff can evaluate and fund
projects that are not "off the shelf' improvements listed in the eligible Water Conservation,
Energy Efficiency or Solar Measures. These custom projects may involve large scale
industrial or commercial energy efficiency improvement projects, such as process or
industrial mechanical systems, renewable energy sources and energy generation, other
than the solar system (photovoltaic), such as geothermal, and potentially fuel cells, as well
as more complex and cutting edge energy management solutions and emerging
technologies. The Custom Measure Track will evaluate and provide funding, if appropriate,
for these innovative projects.
Applicants for the Custom Measure Track should consult with EEEP staff to determine
eligibility and will be required in most cases to submit engineering plans and specifications.
A EEEP Custom Measure's Track review/technical panel will meet to review the
engineering documents and data for custom and emerging technology projects. EEEP may
require an additional administrative fee for project evaluation by the technical review. In all
cases, the City reserves the right to decline funding of a custom measure. The following
types of measures — among others — will be considered for EEEP funding through the
Custom Measure Track:
A. Energy Efficiency Custom Measures. (1) Alternative energy generation (other than
photovoltaic) (2) Building energy management controls (3) HVAC duct zoning control
systems (4) Irrigation pumps and controls (5) Lighting controls (6) Industrial and process
equipment motors and controls As these "Custom Measures" become Energy Star rated
they will be included in the list of eligible improvements.
B. Energy Generation Custom Measures. (1) Fuel Cells (2) Natural gas (3) Hydrogen fuel
(4) Other fuel sources (emerging technologies) (5) Co -generation (heat and energy)
33
EEEP APPENDIX B — MAP OF AREA EEEP Program Report and Administrative Guidelines
Appendix C, D, E — Page 1
EEEP APPENDIX C — APPLICATION Document available online at
www.sonomaCityenergy.org. Application
EEEP APPENDIX D — CONTRACT DOCUMENTS Document available online at
www.sonomaCityenergy.org. Assessment Contract — Single Disbursement Implementation
Agreement — Single Disbursement Assessment Contract — Multiple Disbursement
Implementation Agreement — Multiple Disbursement
EEEP APPENDIX E — SUMMARY OF FINANCING PROCESS Document available online at
www.cityofedina.com. Summary of Financing Process
34
Page 11: [1] Deleted City of Edina 11/8/20114.47:00 PM
A. Residential Energy Efficiency Measures.
(1) Geothermal exchange heat pumps (a) Minimum efficiencies (i) Ground source
exchange open loop system 17.8 EER or higher (ii) Ground source exchange closed
loop system 15.5 EER or higher
(2) Home EV charging installations
(3) HVAC Systems (a) Minimum efficiencies (i) Split systems with 14 SEER and 12
EER or higher rating (ii) Natural gas furnaces of 90 AFUE or higher (iii) Package
systems with 14 SEER and 11 EER or higher rating (b) Home energy management
control systems (c) Whole house fan systems (d) Duct insulation, meeting Energy
Star guideline (e) Duct sealing (f) Combined hydronic systems with a coefficient of
performance (COP) meeting and or exceeding Title 24 requirements (g) Hydronic
radiant heating systems — in combination with energy efficient water heating (h) High
Efficiency HVAC Air Filter / Air Cleaner (i.) Electronic Air Cleaner /Filter — Whole
House (ii.) Input Power: 24Volts AC (iii.) Output Power: 24KV DC Nominal (iv.)
Rated Static Pressure: 0.25" initial @ 500FPM (v.) Minimum Depth Thickness: 2.0"
Nominal (vi.) Recommended media changes per year: 1-2 per year (vii.) Ozone
production: 0 PPB detectable NOTE: reference Manual D Residential Duct System
and Manual J Residential Load Calculations and other relevant guides
(4) Evaporative Coolers (a) Cooler must have a separate ducting system from air
conditioning and heating ducting system (b) Maximum 5 gallons/ton-hour cooling
(5) Natural gas storage water heater, EF of 0.67 or higher and Energy Star listed
(6) Tankless water heater, EF of 0.82 or higher and Energy Star listed Solar water
heater systems, rated by Solar Rating Certification Council
(8) Cool roof system as defined by the 2005 Minnesota Building Energy Efficiency
Standards (also called the Minnesota Energy Code). Roofing replacement eligible
under this program shall be:
(a) Tested and rated through the Cool Roof Rating Council (CRRC);
Page 11: [2] Deleted City of Edina 11/8/20114:47:00 PM
b) Be labeled for its initial reflectance and initial emittance as determined in the
CRRC tests and be labeled that the product meets Title 24, Section 118(i);
(c) Achieve at least a 0.75 initial emittance and 0.70 initial reflectance or, if the initial
emittance is less than 0.75, have an initial reflectance of at least [0.70 + {0.34 x (0.75
— initial emittance)}];"and. if applied as a liquid coating in the field, be applied at a
minimum dry mil thickness of 20 mils* across the entire roof surface and meet
performance requirements listed in the table shown immediately below:
(9) Reflective roof and cool wall coatings
(a) Tested and rated through the Cool Roof Rating Council (CRRC);
(b) Be labeled for its minimum reflectance of 0.39 and minimum emittance of 0.88 as
determined in the CRRC tests
(c) Labeled that the product is Minnesota Title 24 compliant
(d) Energy Star guidelines
(10) Insulation: (i.) Attic insulation minimum combined R value of 30 (ii.) Wall
insulation minimum combined R value of 13 (iii.) Crawlspace/floor insulation,
minimum combined R value of 19 (iv.) Hot water system and pipe insulation Meet
Energy Star guidelines NOTE: Envelop air sealing before insulating is strongly
recommended.
35
(11) Insulated exterior siding — following Energy Star guidelines of the of the Home
Sealing effort, using Energy Star qualified products
(12) Reflective insulation or radiant barriers
(13) Attic fans
(14) Windows and glass doors, U value of 0.40 or less and solar heat gain coefficient
of 0.40 or less
(15) Window filming, in compliance with the NFRC glazing attachment ratings for
solar heat a gain and visible transmittance
(16) Weather-stripping, following Energy Star guidelines
(17) Home sealing, following Energy Star guidelines. Techniques include: • sealing
leaks with caulk, spray foam, and weather stripping; • replacement of fixtures
perforating ceiling drywall with insulation contact, air tight fixtures (i.e. IC AT can
lights) NOTE: mechanical ventilation may be required to achieve a minimum of 0.35
air changes per hour (0.35 ACH) (18) Skylights, U Value of 0.60 or less and solar
heat gain coefficient of 0.40 or less
(19) Solar tubes
(20) Additional building openings to provide addition natural light, windows and doors
must meet the Energy Star rating U value of 0.40 or less
(21) Lighting, Energy Star listed (no bulb only retrofits)
(22) Pool equipment
(a) Pool circulating pumps (must be variable flow and/or multi -speed with controllers)
(22) Energy use monitoring systems (fixed/permanent installation)
B. Residential Energy Efficiency Custom Measures.
(1) Passive solar (heating/cooling)
36
Building Type
All
All
All
All
All
All
Edina Emerald Eneray Program (EEEP) Eligible Improvements
Improvement Category
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
4 All Energy Efficiency
All Energy Efficiency
All Energy Efficiency
All
All
All
All
All
All
All
All
All
All
All
All
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Measure Name
Attic Fan - Solar
Core Plumbing System
Doors, Glass
Doors, Solid, Insulating
Duct Sealing
Electronic Air Cleaner/Filter
Geothermal Well Drilling
HVAC Air Conditioning -
Split System Unit
HVAC Heat Pumps -
Geothermal Exchange
Closed Loop
HVAC Heat Pumps -
Geothermal Exchange
Open Loop
HVAC, Evaporative Coolers
Insulation, Hot Water Pipes
Insulation, Reflective or
Radiant Barriers
Insulation, Sub -floor
Lighting Control Systems
with Occupancy Sensors
Lighting, High Efficiency,
Hard -Wired Fixtures
Pool Equipment, Pool
Circulating Pumps
Sealing, Whole Building
Skylights
Solar Thermal Systems for
Hot Water
Solar Thermal Systems for
Reauirement Spec
no A/C power required
Energy Star
U 0.40 or less, SHGC 0.40
or less
Energy Star
CF6R Form Required
(i.) Electronic Air Cleaner
/Filter, high efficiency for
use with HVAC systems —
Whole Building (ii.) Input
Power: 24Volts AC (iii.)
Output Power: 24KV DC
Nominal (iv.) Rated Static
Pressure: 0.25" initial
500FPM (v.) Minimum
Depth Thickness: 2.0"
Nominal (vi.)
Recommended media
changes per year: 1-2 per
year (vii.) Ozone production:
0 PPB detectable
Custom
14 SEER or 12 EER
t 15.5 EER
Unit Measured In
Each
Each
Each
Each
Lin Ft
Each
Each
Each
Each
t 17.8 EER Each
Separate duct system, max Each
5 g/ton-hour cooling
R4
Lin Ft
Energy Star
Sq Ft
R19 minimum
Sq Ft
Custom
Each
Energy Star, UL Listed, Title
Each
24 Compliant
variable flow and/or multi-
Each
speed with controllers
Energy Star
Sq Ft
U value 0.60 or less, SHGC
Each
0.40 or less
Rated by SRCC
Sq Ft
Rated by SRCC Sq Ft
Unit Max Cost
$600.00
TBD
$4,000.00
$1,200.00
$2.00
$1,000.00
$30,000.00
$3,200.00
$7,500.00
$7,500.00
$3,500.00
$3.00
$1.25
$2.50
$30.00
$70.00
$3,500.00
$2.00
$1,200.00
$70.00
$15.00
UnitMeasSavedOrGen
Therms
Gallons
Therms
Therms
Therms
Therms
Therms
Therms
Therms
Therms
Therms
Gallons
Therms
Therms
kWh
kWh
kWh
Therms
kWh
Therms
Therms
All
All
All
All
All
All
All
All
W
00
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Energy Efficiency
Generation
Pool Heating -Evacuated
Tubes
Solar Thermal Systems for
Pool Heating -Panels
Solar Tubes
Water Heater, Natural Gas
Storage
Water Heater, Tankless Z 0.82 EF and Energy Star
Weather-stripping Energy Star
Window Filming NFRC glazing ratings
Windows U 0.40 or less, SHGC 0.40
or less
Co -generation System
Rated by SRCC Sq Ft
Each
t 0.67 EF and Energy Star Each
Each
Lin Ft
Sq Ft
Each
Each
$10.00
$1,000.00
$1,250.00
$5,000.00
$1.00
$6.00
$900.00
Therms
kWh
Therms
Therms
Therms
Therms
Therms
Recommendations from Edina EEC and Staff for Phase One of owner Arranged PACE Commercial and Industrial (C&1) Program
Guidelines for Edina Phase One Owner Arranaed Commercial &
Industrial (C&I) PACE Proeram:
1. Adhere to Edina's Concerns for a no/low cost Owner Arraneed C&I PACE Proeram
a. Implement with no/low cost city resources and if scaled up is based on initial project results.
b. Allow owners, contractors and financers to provide projects and resources necessary for implementation.
c. Insure that the city's credit and general fund are not at risk.
d. Determine if the city's modest role increases jobs, taxes and achievement of environmental goals.
e. Adhere to State PACE enabling and other relevant statues (MS 216C.436 and 429.101).
f. Avoid costs and delays of pooled bond in initial phase.
2. Use Best Practice Owner Arraneed C&I PACE for Edina
In an innovative area of clean energy finance, called PACE, one best practice form of "owner arranged" C&I PACE
has emerged. This form of "owner arranged" PACE program is described here and involves the private purchase of
bonds issued on a project -by project basis http://Paceworks.net/paceworks/the-octus-approach/ Providers like
Clean Fund in Sonoma County, CA, Renewable Funding in San Francisco, CA and Ygrene/US BCSD in Columbus, OH
http://vgrene-energy.com/how also use this approach. Grandview Tire and Auto and their contractor have used
this model and arranged for Clean Fund to purchase the small revenue bond that finances the project. This
approach meets all the city's six conditions above including adherence to MS 216C.436. and avoidance of pooled
bond costs and delays.
Documents included for reference (Three): 1. The Clinton Climate Initiative owner arranged PACE C&I program
with Los Angeles County, 2. The Clean Fund Bond Purchase Agreement Sonoma., 3. The US Business Council for
Sustainable Development description of the Columbus, Ohio owner arranged PACE Program.
A second owner -arranged PACE model, though not in practice, is described by the Institute for Building Efficiency
(JCI): http://www.institutebe.com/instituteBE/media/Library/Resources/Financins%20CIean%2OEnergy/Issue
Brief --- Unlocking -the -Building -Retrofit -Market --- PACE-Financing.pd Unlocking the Building Retrofit Market:
Commercial PACE Financing: A Guide for Policymakers. "To make PACE programs scalable for the commercial
building sector, programs should allow building owners to arrange their own financing directly with a commercial
bank and leverage the tax lien on the property as security for financiers. This enables building owners to negotiate
rates, terms, conditions, and schedules that best suit their specific project needs, rather than waiting to lock in a
rate through a pooled bond. It opens a wider channel of capital inflow compared to pooled bond models". This
model meets most of the city's criterion above, but is neither compliant with MS 216C.436 nor a best practice.
3. Create an Easy Intake Packet: A process and assembly of documents provided and PAID
FOR for by owners/lenders/contractors for requirements of MS 216C.436 and 429.101.
Subd. 2. Program requirements. (Statutory language with proposed process/content in bold)
39
(1) impose requirements and conditions on financing arrangements to ensure timely
repayment; File Copies of documentation of finance agreement between lender, owner and
contractors including mortgagee consent.
(2) require an energy audit or renewable energy system feasibility study to be conducted on
the qualifying real property and reviewed by the implementing entity prior to approval of the
financing; File Copies of documented energy audit and/or renewable energy installation specs
and expected performance.
(3) require the inspection of all installations and a performance verification of at least ten
percent of the energy improvements financed by the program; File Copies of ESCO M and V
protocol where applicable. File copies of owners engineering review of performance data every
tenth project (In-house or contract).
(4) require that all cost-effective energy improvements be made to a qualifying real
property prior to, or in conjunction with, an applicant's repayment of financing for energy
improvements for that property; Inform project applicant that special assessments begin at the
earliest point of collection after project completion
(5) have energy improvements financed by the program performed by licensed contractors
as required by chapter 3266 or other law or ordinance; File Copies of contractors applicable
licenses.
(6) require disclosures to borrowers by the implementing entity of the risks involved in
borrowing, including the risk of foreclosure if a tax delinquency results from a default; File copy
of signed risk of borrowing and foreclosure from uncured tax delinquency.
(7) provide financing only to those who demonstrate an ability to repay; File documents (1).
(8) not provide financing for a qualifying real property in which the owner is not current on
mortgage or real property tax payments; File documents that owner is current on mortgage
and property taxes
(9) require a petition to the implementing entity by all owners of the qualifying real
property requesting collections of repayments as a special assessment under section 429.101;
File both the petition and record of council approval of the project's petition for special
assessment.
(10) provide that payments and assessments are not accelerated due to a default and that a
tax delinquency exists only for assessments not paid when due; Inform Owner in writing of this
provision
(11) require that liability for special assessments related to the financing runs with the
qualifying real property. Inform Owner in writing at intake of this provision.
Subd. 4. (12) Financing terms. Financing provided under this section must have:
40
(a) a weighted average maturity not exceeding the useful life of the energy improvements
installed, as determined by the implementing entity, but in no event may a term exceed 20
years; Confirm Documents provided for (1) set finance terms that do not exceed 20 years.
(b) a principal amount not to exceed the lesser of ten percent of the assessed value of the
real property on which the improvements are to be installed or the actual cost of installing the
energy improvements, including the costs of necessary equipment, materials, and labor, the
costs of each related energy audit or renewable energy system feasibility study, and the cost of
verification of installation; Confirm Documents provided for (1) show the financed value does
not exceed ten percent of the improved properties assessed value.
4. Create a Phase One PACE program that can be scaled un with no cost for a Phase Two
larger base of C&1 and residential projects.
There are several established no -cost Turnkey PACE providers of Finance, Administration, Web -
Interface, and Project Installation and Performance Assurance. These providers may allow Edina
separately or jointly to increase good paying private jobs, pollution reduction and economic
development.
Reference Document 1.
Goals and Objectives of the PACE Owner Arranged C&I Program in LA
This Agreement between the Local Government Commission (LGC) and the Community Redevelopment
Agency of Los Angeles (Contractor) is a subcontract to a separate agreement between LGC and the
California Energy Commission (Energy Commission), which identifies the development and
implementation of a Commercial PACE Pilot Program. In that separate agreement, the Contractor is
identified as the lead of that pilot program. This Agreement will finance pilot activities of the City of Los
Angeles Large Commercial Buildings Municipal Financing Program (Program) as a pilot program under
Energy Upgrade California, the statewide energy efficiency program. The Program is an innovative,
commercial -only, owner arranged PACE financing program—in collaboration with Los Angeles
Department of Water and Power (LADWP), The Program will also partner with the Clinton Climate
Initiative (CCI) and actively communicate with local governments around the state to encourage the
adoption of the "owner -arranged" commercial PACE model, starting with Placer County and the City and
County of San Francisco (San Francisco).
The Program will accelerate the adoption of efficiency and renewable energy products, services, and
practices by promoting comprehensive retrofit and retro -commissioning of, at minimum, 13.3 million
square feet of commercial property in approximately 33 building projects in Los Angeles and additional
square footage in projects in Placer County, San Francisco and other communities in the state. The
Program will also serve as a model commercial PACE program that can be replicated by interested local
governments. Program activities funded by this Agreement will address the financial barriers
traditionally faced by Program participants and the implementation needs of local governments to
ensure the Program's sustainability and replicability. Furthermore, the Program will be designed to allay
41
the concerns of the OCC and to comply with DOE's Guidelines for Pilot PACE Financing Programse, which
are intended to provide protection to program participants, lenders and investors.
The Program provides an "owner -arranged" tax lien financing model for retrofits of large commercial
properties, through which individual commercial property owners can negotiate financing from lenders
on terms, scale and schedule that best suits the project, and secure repayment through a contractual
assessment that sits in first position on the building's property tax bill. The OCC's concerns about PACE
appear to stem from the fact that in most other PACE programs, a municipality is underwriting the
projects and issuing the loans itself, which could be perceived as risky since municipalities are not in the
business of underwriting complex real estate transactions. However this Program relies on sophisticated
parties (mortgage holder, commercial property owner, retrofit lender) to negotiate the terms of a given
financing, and mortgage -holders would only grant consent to PACE liens if they are confident that the
lien will not impair the borrower's ability to meet their existing obligations. The Program will also
recommend, as a condition of approval, that projected savings exceed the debt service throughout the
repayment period, adding another level of security.
Under this model, commercial property owners would submit an intake package, which will include: a
project summary, property information summary (and PNA), list of measures, project costs, projected
energy savings, amortization schedule, measurement and verification plan, project organizational chart,
contractor information, utility incentives/rebates applied for, and the proposed lender(s). Projects must
be structured such that the energy savings cover or exceed the cost of the newly -created special
assessment during the term of the loan. As part of the application process, the Contractor will verify that
the owner is current on all property taxes and assessments, and that the project meets other program
requirements (to be provided in Implementation Plan) in order have the proposed retrofit loan secured
by a contractual assessment through the Program. Once the Contractor determines that the proposed
retrofit plan qualifies, it will notify the local government administering the commercial PACE financing
program, which will issue bonds that will be privately placed with the investor selected by the building
owner. Upon placement of the bonds with the investor, the local government will place a contractual
assessment on the property tax bill in the amount of the total financing due in the current tax period.
To meet the objective of serving as a model for commercial PACE programs, the Program will prepare
guidance packages so other local governments can benefit from the experience of Los Angeles' market-
driven approach and replicate the model with minimal up -front cost. The guidance packages will include
example program marketing/outreach materials, contracts, applications, RFQ/Ps, resolution language.
The Program will also identify best practices, document lessons learned, and provide case studies of the
actions that took place and outcomes for specific successful building retrofit projects. In addition, the
Clinton Climate Initiative (CCI), a key partner of the Program, will actively communicate with local
governments around the state to encourage the adoption of "owner arranged" commercial PACE model
and provide pro bono program development support to California communities interested in similar
programss. CCI provides support to building owners such as city governments, commercial portfolio
owners, schools, universities, and public housing authorities in identifying, designing, and implementing
large-scale energy efficiency retrofit projects and brings the owner together with the necessary
contracting and financial firms for implementation. CCI has helped initiate more than 250 retrofit
projects encompassing over 500 million sq ft of building space in more than 20 cities around the world.,
including commercial building retrofit projects in cities such as Chicago, New York and Mumbai. The
Contractor and CCI will work with Placer County and model their commercial PACE programs after the
Program. San Francisco is the first local government seeking to implement this program.
rya
6http://wwwl.eere.energy.gov/wip/pdfs/arra_guidelines for_pilot_pace_programs.pdf
7 The county plans to use the authority provided by the California Improvement Bond Act of 1915
(California Streets and Highways Code section 9000 et. seq.) to privately place bonds to fund commercial
retrofit projects and levy a special assessment as security for repayment of the bonds.
a While CCI will provide high level guidance, advice, and support to interested communities, it will focus
primarily on working with larger counties/cities, and/or coalitions of cities.
Reference Document 2.
BOND PURCHASE AGREEMENT
$1,600,000 Sonoma County Public Financing Authority
Sonoma County Energy Independence Program
Contractual Assessment Revenue Bond
Series A -2011A-20 (Taxable)
This Bond Purchase Agreement (this "Agreement") is made and entered into as of August 23, 2011,
by and between the undersigned, CLEAN FUND SMV LLC, a Delaware limited liability company,
(the "Alternate Purchaser"), and the SONOMA COUNTY PUBLIC FINANCING AUTHORITY, a
joint powers authority organized and existing under the laws of the State of California (the
"Authority").
Recitals
A. The Board of Supervisors (the "County Board") of the County of Sonoma (the "County") by its
Resolution No. 09-0271 established the Sonoma County Energy Independence Program (the
"SCEIP") to finance the acquisition and construction or installation of distributed generation
renewable energy sources and energy efficiency improvements, which include water efficiency
improvements (the "Improvements"), on properties in the County through the use of contractual
assessments pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways
Code.
B. The Governing Board of the Authority has determined pursuant to Resolution No. 11-0135 (the
"Resolution of Issuance") to issue its Sonoma County Public Financing Authority, Sonoma County
Energy Independence Program, Contractual Assessment Revenue Bond, Series A -2011A-20
(Taxable) (the "Bond") under and pursuant to Articles 1 through 4 (commencing with Section 6500)
of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as
amended (the "JPA Act"), including the provisions of the Marks -Roos Local Bond Pooling Act of
1985, constituting Article 4 of the JPA Act, for the purpose of providing funds to make a loan to the
County to make disbursements pursuant to the SCEIP and the aforementioned assessment contracts
to property owners for the cost of Improvements, pursuant to and secured by the Resolution of
Issuance in the manner provided therein.
C. Pursuant to its Resolution No. , the Governing Board of the Authority has determined to sell
the Bond to the Alternate Purchaser pursuant to the terms of this Agreement.
D. All acts and proceedings required by law necessary to make this Agreement, when executed by
the Authority and the Alternate Purchaser, the valid, binding and legal obligation of the parties to this
Agreement, and to constitute this Agreement a valid and binding agreement for the uses and purposes
43
herein set forth in accordance with its terms, have been done and taken, and the execution and
delivery of this Agreement have been in all respects duly authorized.
NOW, THEREFORE, in consideration of the premises and the mutual agreements herein contained,
the parties hereto do hereby agree as follows:
Section 1. Definitions. Unless the context clearly requires or unless otherwise defined herein, the
capitalized terms in this Agreement shall have the respective meanings which such terms are given in
the Resolution of Issuance.
Section 2. Purchase of the Bond. Upon the terms and conditions herein set forth, the Alternate
Purchaser hereby agrees to purchase, and the Authority hereby agrees to sell, execute and deliver the
Bond to the Alternate Purchaser. The purchase price to be paid for the Bond shall be the par value
thereof.
Section 3. The Bond. The Bond will be delivered in definitive, fully registered form, registered in the
name of the Authority and may be typewritten. The Bond shall be dated the Closing Date, shall be in
the initial aggregate principal amount of $1,600,000, and shall mature on September 2, 2031.
Pursuant to Section 2.3(e) of the Resolution of Issuance, the Authority and the Alternate Purchaser
hereby agree, and the County has determined pursuant to a resolution duly adopted by the County
Board of Supervisors on August 23, 2011, that the interest rate for such Bond shall be seven percent
(7%) per annum, calculated in accordance with Section 2.3 of the Resolution of Issuance. Interest on
the Bond shall be payable semi-annually on March 2 and September 2 of each year, and shall
otherwise be as described in, and shall be secured as set forth in, the Resolution of Issuance. The
Bond shall be subject to redemption from sinking fund payments made by the County at a
redemption price equal to the principal amount of the bond to be redeemed with accrued interest on
the Bond to the redemption date, without premium, in the principal amounts and on the dates as set
forth in Exhibit A hereto.
Section 4. Closing. At 8:00 A.M., California time, on September 1, 2011, or at such other time or
date as shall have been mutually agreed upon by the Authority and the Alternate Purchaser (the
"Closing Date"), the Authority will, subject to the terms and conditions hereof, deliver to the
Alternate Purchaser, at [location for delivery], the Bond in fully registered form, duly executed and
registered; and, subject to the terms and conditions hereof, the Alternate Purchaser, will accept such
delivery and cause the purchase price of the Bond to be paid by check or draft or by interf ind
transfer, as the case may be.
Section 5. Representations of the Alternate Purchaser. The Alternate Purchaser, represents, warrants
and agrees as follows:
a) The Alternate Purchaser has received and reviewed copies of the Resolution of Issuance. The
Alternate Purchaser, understands that (i) the Bond is a limited obligation of the Authority secured by
and payable solely from Revenues as provided in the Resolution of Issuance, (ii) no other fund or
property of the Authority or the County is liable for the payment of the Bond, (iii) none of the
payment obligations with respect to the Bond are secured by a pledge of any money received or to be
received from taxation by the County or any political subdivision thereof, other than the Assessment
Revenues securing the loan agreement pursuant to which the Revenues securing the Bond will be
paid, and (iv) there is no reserve fund for the Bond.
b) The Alternate Purchaser has sufficient knowledge and experience in financial and business
44
matters, including in the purchase and ownership of municipal obligations of a nature similar to the
Bond, to be able to evaluate the risks and merits of investing in the Bond.
c) The Alternate Purchaser acknowledges that Authority has not prepared any offering document
with respect to the Bond. The Alternate Purchaser, as a sophisticated investor, has made its own
credit inquiry and analyses with respect to the Bond. The Alternate Purchaser has assumed the
responsibility for obtaining and making such review as he has deemed necessary or desirable in
connection with the decision to purchase the Bond. The Alternate Purchaser's decision to purchase
the Bond did not rely on any information provided by the Authority (or any representatives or agents
of the Authority) that is not in written form.
d) The Alternate Purchaser understands that (i) the Bond has not been registered with any federal or
state securities agency or commission or otherwise qualified for sale under the "Blue Sky" laws or
regulations of any state, (ii) will not be listed on any securities exchange, (iii) will not carry a rating
from any rating service, and (iv) may not be readily marketable.
e) The Alternate Purchaser is investing in the Bond for its own account, and at the time of its
purchase of the Bond, does not intend to distribute, resell or otherwise dispose of the Bond, except as
provided in Section 6 of this Agreement.
f) The Alternate Purchaser agrees that, in the event that the Alternate Purchaser decides to sell or
otherwise transfer the Bond, the Alternate Purchaser shall require the new transferee to deliver to the
Authority the letter required by the Resolution of Issuance as a condition precedent to the
consummation of such transfer.
Section 6. Acknowledgements and Agreements by Authority and Alternate Purchaser. The Authority
and Alternate Purchaser hereby acknowledge and agree that:
a) The Alternate Purchaser may pledge the Bond to any lender providing financing for the property
subject to the Assessment Contract or for the Bond (a "Lender"), upon the prior provision by
Alternate Purchaser to the Authority of a letter containing substantially similar representations of the
Lender as those required by Section 5(f) of this Agreement, satisfactory in form and substance to the
Authority and bond counsel with respect to the Bond. The Authority's acceptance of a Lender as a
transferee of the Bond is conditioned upon the Authority's prior receipt of a letter reaffirming the
statements in the letter required by the preceding sentence.
b) Provided that the payment of the applicable Contractual Assessment relating to the Bond is current
and not delinquent in any respect:
(i) The Bond may be tendered and surrendered, together with a certificate (the "Tender Certificate")
in substantially the form of the certificate attached hereto as Exhibit B, to the Fiscal Agent and taken
at par value in full payment of the Assessment and any interest due on the Assessment through the
date of such tender and surrender. The Fiscal Agent cancel the Bond upon such tender and surrender
and receipt of the Tender Certificate.
(ii) The Fiscal Agent shall deem the Bond paid in full upon delivery to Fiscal Agent by Bank of
America, N.A. ("Bank of America"), pursuant to that certain Participation Agreement, dated as of
July 14, 2011 (the "Participation Agreement"), among Alternate Purchaser, Bank of America,
Sonoma Mountain Village LLC, a California limited liability company, and KDRP LLC, a California
limited liability company, of notice that an Assessment Cancellation Notice (as defined in the
Participation Agreement) has been delivered by Bank of America to Alternate Purchaser. The Fiscal
Agent shall be entitled to rely upon any such notice from Bank of America and shall have no duty to
verify the information or statements set forth in such notice.
c) The Alternate Purchaser shall indemnify and save the Fiscal Agent, its officers, employees,
directors and agents harmless from and against all claims, losses, costs, expenses, liability and
45
damages, including legal fees and expenses, arising out of the exercise and performance by the Fiscal
Agent of any of its powers and duties under this Section 6.
Section 7. Waivers. Section 12.8 of the Resolution of Issuance authorizes the Alternate Purchaser to
waive any provisions of the Resolution of Issuance, including but not limited to the provisions
related to the redemption of the Bond. Accordingly, the Alternate Purchaser waives the redemption
provisions relating to the Redemption Date and the redemption price provided in Section 3.1 of the
Resolution of Issuance and hereby agrees that the Bond is subject to redemption under Section 3.1 of
the Resolution of Issuance on any date at a redemption price equal to 100% of the principal amount
of the Bond to be redeemed, plus accrued interest thereon to the Redemption Date.
Section 8. Condition of Closing. The Authority's obligation to sell the Bond is conditioned upon the
Alternate Purchaser's delivery to the Authority, on or prior to the Closing Date, of a certificate, dated
the Closing Date, signed by the Alternate Purchaser, satisfactory in form and substance to the
Authority and bond counsel with respect to the Bond, Richards, Watson & Gershon, A Professional
Corporation, or other nationally recognized bond counsel, to the effect that the representations and
warranties of the Alternate Purchaser contained herein are true and correct as of the Closing Date.
Section 9. Payment of Expenses. The Alternate Purchaser shall pay all expenses incurred by the
Authority and the County in connection with the sale and delivery of the Bonds to the Alternate
Purchaser, including but not limited to: (i) the fees and expenses of the Authority and the County and
their Counsel, (ii) the fees and expenses of Bond Counsel and (iii) the fees and expenses of any
consultant retained in connection with preparation of the Bonds and any related documents. Such
expenses shall not exceed $36,000.00.
Section 10. Termination. If the conditions to the Authority's obligations contained in this Agreement
cannot be satisfied at or prior to the Closing Date, this Agreement may be canceled by the Authority.
Notice of such cancellation shall be given to the Purchaser, in writing. Upon any such termination
neither the Authority nor the Alternate Purchaser shall be under any further obligation hereunder.
Section 11. Parties in Interest. This Agreement shall constitute the entire agreement between the
Alternate Purchaser and the Authority and is made solely for the benefit of the Alternate Purchaser
and the Authority (including their successors or assigns). No other person shall acquire or have any
right hereunder or by virtue hereof.
Section 12. Notice. Any notices required to be given to the Authority under this Agreement shall be
mailed, first class, postage prepaid, or personally delivered to the Treasurer of the Sonoma County
Public Financing Authority, 585 Fiscal Drive, Santa Rosa, California 95403; and all notices to the
Alternate Purchaser shall be mailed, first class, postage prepaid, or personally delivered to Clean
Fund, 781 Lincoln Avenue, Suite 360, San Rafael, California 94901, Attention: John Kinney, Chief
Executive Officer.
Section 13. Governing Law. This Agreement shall be construed and governed in accordance with the
laws of the State of California.
46
IN WITNESS WHEREOF, the SONOMA COUNTY PUBLIC FINANCING AUTHORITY and
CLEAN FUND SMV LLC, a Delaware limited liability company, have each caused this Agreement
to be signed in its name by its duly authorized officer, all as of the day and year first above written.
SONOMA COUNTY PUBLIC FINANCING AUTHORITY By: Chair
Attest: By: Secretary CLEAN FUND SMV LLC, a Delaware
limited liability company
By: Clean Fund LLC, a California limited liability company
Its: Manager
By: John Kinney, CEO Authorized Member
Reference Document 3.
US Business Council for Sustainable Development
PACE Financing of Commercial and Industrial Retrofits
Overview
Energy costs represent an unavoidable recurring expense for industrial and commercial operations.
Retrofit projects designed to reduce those costs typically provide excellent savings to investment ratios.
The dilemma faced by most facilities managers is not whether to install the improvements, but how to
finance them. There are powerful reasons to finance clean energy retrofits with Property Assessed Clean
Energy (PACE) tax assessments:
Capital Competition
The first question usually asked when a facilities manager suggests energy efficiency improvements to
the CFO is: "What's the return on investment?" This question arises from the assumption that either
company capital or company debt capacity will be used to pay for the project. Most frequently, the ROI on
clean energy retrofits cannot compete with company operations, so the improvements are not done.
PACE assessments offer the solution. These programs finance 100% of the engineering and
improvement cost of qualifying projects, with off -balance -sheet debt, through a funding mechanism that
can't be used for any other purpose. Consequently, the ROI comparison to company operations does not
apply. Further, the increased tax assessments do not change the company's debt capacity, since energy
cost reductions fully offset the tax payments. Conventional debt service capacity is increased by the net
positive cash flow that results from the improvements.
Split Incentives
Under most leases, property tax increases are passed straight through to the tenant, thereby placing the
cost of the improvements in the same hands as the beneficiary of those improvements. This allows PACE
financed retrofits to be done without need to renegotiate existing leases.
Short Term Trap
In the current interest rate environment, with historically low rates available to companies with strong
credit, some would be tempted to use non -PACE, short term credit facilities to pay for clean energy
capital improvements. Such an approach leaves the company highly vulnerable to rate changes in the
credit markets. By offering fixed rate, tax assessment financing that runs with the land and is matched to
the useful life of the energy efficiency and/or renewable energy improvements, PACE eliminates that
vulnerability.
Capital Asset Replacement
Although clean energy improvements will be underwritten on the basis of their effectiveness in reducing
utility costs, much of the equipment being replaced, particularly in the industrial sector, will be equipment
that should have been replaced years ago, either due to deferred maintenance or degraded effectiveness
47
compared to newer versions. There is clear value in replacing tired equipment, using long term financing
that improves the company's total debt service capacity, with no cash outlay.
Volatility Protection
Clean energy improvements, since they are based on capital assets instead of fuels, reduce a company's
vulnerability to the price volatility that is unavoidably associated with energy derived from the burning of
fossil fuels.
The Path Forward
Legislation enabling PACE Assessments has been passed in 24 states. Investors, companies and
communities are beginning to understand that the program's greatest value lies in the commercial and
industrial sectors, where there are routine energy savings of 30 to 50 percent on facilities of all kinds. This
offers an attractive, secure option for the approximately $1 trillion in investment resources sitting on the
sidelines earning low returns. PACE bonds provide a way to move that money off the sidelines and park it
safely in industrial and commercial energy efficiency and renewable energy capital assets. The concept is
straightforward. A city, county or other local taxing authority establishes a PACE district that makes
financing available to businesses for qualified energy efficiency improvements. To qualify, the utility bill
savings from the project must be greater than the cost of the improvements. Once the project has been
reviewed and approved as eligible, the applicant and the city agree to repayment amortized over the life
of the improvements. The improvements must be permanently affixed to the property; repayment is made
through tax assessment, secured by a lien on the property. Because energy savings make the projects
cash-flow positive, and because total asset value is increased, companies improve their financial position
without having to tie up any of their own equity or debt capacity.
Action Plan
The US BCSD has partnered with Barclays Capital and Ygrene Energy Fund to offer a comprehensive
PACE program, at no cost to cities or counties, as part of its Energy Efficiency in Buildings and By -
Product Synergy (BPS) project streams. Barclays has committed an initial $200 million revolving fund to
get the US BCSD program started. Under the program, US BCSD works with companies in a metropolitan
region to identify PACE eligible projects. At the same time, the Council teams with the local
city or county to establish a PACE tax district designed to finance the projects that are being identified,
and underwritten by Barclays Capital. In the end, companies upgrade their facilities with more efficient
equipment and processes, cities stimulate economic development and job creation, and Barclays brings
solid returns on secure investments to the bond market — all with zero government funding. In sum, the
US BCSD PACE/BPS program addresses the rare alignment of business, government, labor, finance and
public interests with the potential to reinvigorate local economies across the country and Retool America.
Pilot Project
The US BCSD has established a pilot project in Columbus, Ohio in collaboration with the Ohio By -Product
Synergy program. Spearheaded by US BCSD member Worthington Industries, the EEB working group is
recruiting regional participants to collaborate on best management practices and use of efficient funding
methods. The projects will effectively take cash flows previously spent on fuel costs and redirect those
flows to pay for the capital assets which improve energy efficiency. The projects will generate jobs and
economic value in conjunction with substantial environmental benefit.
Funding
The EEB working group will use the Property Assessed Clean Energy (PACE) mechanism to fund the
energy efficiency projects with 100% private bond investment. The pilot will demonstrate that large,
capital -intensive projects can be completed without new capital or debt exposure to the participating
companies. More information about PACE and can be found through the US BCSD's collaborative
partner, Ygrene.
Education and Outreach
48
The US BCSD is working with the WBCSD as well as the U.S. Department of Energy to share the results
and experience of the EEB working group. Lessons learned from the pilot will shape future EEB Working
Group projects and enable cost effective, large-scale implementation of EE projects across the US.
For more information from US BCSD, contact Kieran Sikdar at sikdar usbcsd.org.
Contacts: Lynn Hinkle and John Doll
Lynn Hinkle
Policy Director
Minnesota Solar Energy Industries Association — MnSEIA
Ihinkle@mnseia.org
612-310-4742
John Doll
john@iohndollsd40.oriz
612-366-6822
49
Phase One Process: Implementing Edina's Owner Arranged Commercial and
Industrial (C&I) PACE program:
Step One: City Council passes resolution supporting implementation of a PACE program in line with
recommended EEC and Staff Guidelines. (See Guidelines)
Step Two: Owner/Contractor submits intake packet (See Contents as part of Guidelines) to City Staff
that also includes: 1. A preliminary agreement between the owner (Grandview Tire and Auto) and the
lender (Clean Fund) outlining the terms and conditions of Clean Fund's agreement to finance with a
bond purchased from the city if payment is secured by special assessment on Grandview. 2. A petition
for special assessment by Grandview.
Step Three: Staff reviews and approves the ownwer/contractor intake packet and prepares a draft
Bond Purchase Agreement with Clean Fund.
Step Four: City Council approves Special Assessment for Grandview Tire and Auto and the Bond
Purchase Agreement with Clean Fund.
Step Five: City Staff reviews proposals for multi -jurisdictional collaboration with other cities (Green
Step Cities network), Hennepin County and/or economic development authorities to provide scalable
PACE no/low cost resources to more Edina C&I and residential constituents.
Step Six: City Staff reviews proposals for shaping an RFP to determine a Phase Two No -Cost Turnkey
PACE Provider of Finance, Administration, Web -Interface, and Project Installation and Performance
Assurance. There are several such established providers that will allow Edina separately or jointly to
increase good paying private jobs, pollution reduction and economic development.
50
Agenda for the Recycling & Solid Waste Working Group
of Edina's Energy and Environment Commission
Thursday, Oct. 6, 2011 Time 4:00 P.M. - Location: City Hall, Community Room
The meeting was called to order at 4:05 by Chair Latham. Members present were Tim Rudnicki and Melissa Seeley.
Absent members were Michelle Horan and Sarah Zarrin. Staff present was Solvei Wilmot
The agenda and 9-1-11 minutes were approved. There were no resident present for the comment period.
1. Recycling Bin Park Project - Chair Latham reported that Pamela and Lewis Pk Recycling bins photographic survey by
Chair Latham and Melissa Seeley had been shown to the EEC, Park Board and 9-20-11 EEC/Council work session.
Solvei Wilmot provided the 7-28-04 Recycling Bin History from 3 Rivers. Melissa Seeley moved and Tim Rudnicki
seconded a motion to approve the recycling bin recommendation with modifications. The motion passed unanimously
and the recommendation will be forwarded to the EEC for consideration at its 10-13-11 meeting.
2. Commercial Recycling Certification — Sarah Zarrin - Absent.
3. 1300.09 Refuse Reports — The EEC/RSW WG's proposed City ordinance amendments were considered at the 9-20-
11 City Council Work Session and are scheduled for the 11-15-11 City Council agenda.
4. Compost Rulemaking: MPCA permitting process for organic collection sites. Track the compost rulemaking at the
following web page: http://www.pca.state.mn.us/index.phn/waste/waste-permits-and-rules/waste-
rulemaking/proposed-changes-to-compost-rules.html A 2°a stakeholder meeting was to be held at the MPCA early in
2011 to discuss a preliminary rule draft, prior to formal publication to review draft rule language and provide
feedback, prior to public notice. Publish dual notice Feb. 2012. Final adoption 3 mo after dual notice if no public
hearing or 6 mo after dual notice if there is a public hearing. The addition of a new section in chapter 7035 to address
the combination of food and yard waste with the addition of bulking agents would remove an existing barrier to
expanded composting of organics by clarifying requirements. The MPCA is considering amendments to address the
regulation of the combination of food and yard waste with the addition of bulking agents. Solvei Wilmot reported that
the Souix tribe is opening a Shakopee site for co -collected yard waste and SSO. The site will be operated by Russ
Leistiko of RW Farms and it will be open to tours.
5. RSW WG approved City-wide facility recycling policy 11-4-10 recommending that only compostable tableware will
be used, that bottled water will be reduced, and that organic composting will be implemented. EEC approved this
recommendation at the 8-11-11 meeting. The 2011 city municipal solid waste and recycling RFP will take this into
consideration to accomplish GreenStep #22 sub step la (overall waste reduction in city operations). At the 9-20-11
City Council work session, Council recommended that the organic composting portion of the resolution be held until
the municipal RFP is complete.
6. Organized hauling. Awaiting Maplewood results. Maplewood has issued an RFP. Dan Krivit (the consultant Edina
used on its recycling RFP) is involved and Maplewood appears to be considering a `Winner Take All' process.
7. RSW WG page on EEC website. Tabled
The RSW WG meeting for Nov. 3 meeting is canceled. The meeting adjourned at 5:10 p.m.
Dianne Plunkett Latham
Chair, Edina Energy & Environment Commission, Chair Recycling & Solid Waste Working Group
51