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industrial or residential real property with five (5) or more <br />dwelling units;' and (b) are intended to decrease energy or water <br />consumption or demand by installing a product, device, or <br />interacting group of products or devices on the customer's side of <br />the meter that uses energy technology to generate electricity, <br />provide thermal energy, or regulate temperature. 6 <br />A sample list of potential Qualified Improvements appears in Section 2 above. <br />The PACE program may not be used to finance improvements to undeveloped <br />lots or lots undergoing development at the time of the assessment, or for the <br />purchase or installation of products or devices not permanently fixed to real <br />property. <br />e. Authorized Re,;res,entative. HB 3187 was signed into law on June 16, 2015. It <br />authorizes the Local Government to delegate administration of the PACE <br />program to a third -party "Authorized Representative." The Local Government <br />may delegate all official administrative responsibilities, such as the execution of <br />individual contracts with property owners and lenders, to an Authorized <br />Representative. This relationship will be monitored and maintained by the City <br />Manager or his/her designee. <br />f. Project Review. Track and provide a public overview with savings metrics for <br />all PACE projects <br />g. Plans for Insuring Sufficient Capital$. Lenders will extend loans to finance <br />Qualified Improvements. Financing documents executed between owners and <br />lenders will impose a contractual assessment on Eligible Property to repay the <br />owner's financing of the Qualified Improvements. The lenders will ensure that <br />property owners demonstrate the financial ability to fulfill the financial <br />obligations to be repaid through contractual assessments. <br />h. No Use of Bonds or Public Funds. The Local Government does not intend to <br />issue bonds or use any other public monies to fund PACE projects. Property <br />owners will obtain all financing from the Eligible Lenders they choose. <br />i. Limiton Length_ of L„oan,. One of the statutory criteria of a PACE loan is that <br />the assessment payment period cannot exceed the useful life of the Qualified <br />Improvement that is the basis for the loan and assessment. As part of the <br />application process, the property owners will submit an independent third -party <br />review prepared by a licensed engineer showing the water or energy baseline <br />5 TX. Local Gov't Code §399.002(5). <br />6 TX. Local Gov't Code §399.002(3). <br />TX. Local Gov't Code §399.004. <br />8 The Texas PACE Authority's website (,`www.,texas, ace,author 'ty,grg) offers a non -exhaustive list of <br />interested and qualified lenders to assist property owners in funding PACE projects in Texas. <br />0 <br />