property assessed clean energy (pace) program

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© 2017 Lerch, Early & Brewer 1 Enabling property owners to pay for energy improvements or upgrades through essentially a property tax assessment. Property Assessed Clean Energy (PACE) Program Lerch, Early & Brewer’s Real Estate group presents Wednesday, November 8, 2017 | Offices of Lerch, Early & Brewer @lerchearly @greenworkslend

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© 2017 Lerch, Early & Brewer

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Enabling property owners to pay for energy improvements or upgrades through

essentially a property tax assessment.

Property Assessed Clean Energy (PACE) Program

Lerch, Early & Brewer’s Real Estate group presents

Wednesday, November 8, 2017 | Offices of Lerch, Early & Brewer

@lerchearly @greenworkslend

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Greenworks Lending is the leading national

provider of Commercial PACE financing,

investing with building owners to upgrade their

commercial properties, drop operating

expenses, and become more energy efficient.

Our mission is to make clean energy smart

business

GREENWORKS LENDING

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Jessica Bailey CEO & Co-Founder Greenworks Lending

C-PACE 101

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• Property Assessed Clean Energy (PACE) is a government financing policy that classifies energy-saving upgrades as a public benefit – like a sewer, road extension, etc.

• This enables 100% of hard and soft project costs to be funded by private capital and repaid via a surcharge on the property tax bill.

• Payback periods match equipment life (often 20+ years)…

…this makes most projects cash flow positive from day one.

C-PACE TRANSFORMING ENERGY IMPROVEMENT FINANCE

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MOST ENERGY AND WATER PROJECTS QUALIFY

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High efficiency lighting Automated building and HVAC controls Variable speed drives (VSDs) on

motors fans and pumps High efficiency chillers, boilers, and

furnaces High efficiency hot water heating

systems Combustion and burner upgrades

Fuel switching (ex. oil to gas conversions) Water conservation Heat recovery and steam traps Building enclosure/envelope improvements Building management systems Renewable energy systems Associated permitting and other soft costs etc…

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Financial Requirements Financed amount cannot exceed $3.5M

or 35% of property value Total property debt (mortgage +

PACE) cannot exceed 95% of property value

Not in bankruptcy

Meets State’s statutory requirements

MOST COMMERCIAL BUILDINGS QUALIFY

Building Requirements Commercial, Industrial, Non-Profit,

Multi-Family >5 Units

Does NOT work for residential, government

Located within operational PACE municipality

Current on property taxes

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STATE-BASED LEGISLATION

• California • Colorado • Connecticut • District of Columbia • Florida • Kentucky • Maryland • Michigan • Missouri

• New York • Ohio • Oregon • Rhode Island • Texas • Utah • Wisconsin

•Virginia coming soon

ACTIVE PROGRAMS :

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LEGISLATION IN MARYLAND

Maryland Senate Bill 186 (signed, May 2014)

• Enables PACE for: Commercial Industrial Multi-family

• Enables Counties to Opt-In by Passing an Ordinance that Describes: Eligible Measures Eligible Properties and Property Owners Loan Terms and Conditions

• Requires Consent of Existing Mortgage Lenders

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C-PACE IN DC/MARYLAND

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ECONOMIC DEVELOPMENT

NATIONAL DATA, ALL LENDERS (9/31/17)

CRE MOTIVATION

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C-PACE FINANCING OVERCOMES IMPLEMENTATION BARRIERS

IMMEDIATE CASH FLOW

100% financing Long payback period, fixed

rate Covers all hard and soft

costs

FLEXIBLE AND SECURE FOR OWNERS

No personal or corporate guarantee Transfers on sale Can be passed through to tenants Preserves borrowing capacity

MOST PROJECTS & BUILDINGS QUALIFY

Qualify based on property value Funds most energy and water

projects All standard commercial property

types

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Cash Bank Loan PACE Assessment Down payment amount ($2,000,000) 15% - ($300,000) $0 Loan amount $0 $1,700,000 $2,000,000 Loan term NA 5 yrs 20 yrs Interest rate NA 4.00% 6.25% Annual Cash Flow Annual payment NA ($382,295) ($180,978) Annual energy savings $320,000 $320,000 $320,000 Net annual cash flow $320,000 ($62,295) $139,022

5-Year Financial Performance 5-Year Net Cash Flow ($720,000) ($611,475) $695,110 5-Year NPV @ 6% ($840,766) ($530,574) $585,611 5-Year IRR -16% NA Infinite 1Assumes no utility cost escalation and no performance degradation

to simplify case study

Sample $2M, Multi-Measure Project w/ ~6.25 Year Simple Payback

THE DAY 1 PAYBACK

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SECURE, AFFORDABLE SOURCE OF PROJECT CAPITAL

PACE funding decreases overall cost of capital, boost return on equity, and enhances existing mortgage and equity holder security

Payments made via property tax surcharge

PACE assessment transfers upon sale of property

PACE funding cannot be accelerated past current amount due - stays with property even in event of default

Up-front disbursement of up to 20-35% of “as is” property value for qualifying expenses – providing source of “first in, last out” capital*

Total funding can be up to 20% of “as complete” property value

Funding must be earmarked for qualifying energy and water-saving upgrades (as defined by local PACE ordinance)

Existing mortgage lender consent required due to tax assessment structure (illustrated at right)

Traditional Capital Stack Capital Stack with $2M PACE

Capital Stack For Sample $20M Property

$1.8M Remaining PACE

Principal

Mortgage ($14M)

Mortgage ($14M)

Owner/Investor Equity ($6M)

Owner/Investor Equity ($4M)

$180K Enforceable PACE Assessment

(Current Payment)

*Mandatory 10% hold-back until construction completion.

Case Study: Sample $20M gut rehabilitation project uses $2M PACE funding (6.25% cost of capital); reducing need for owner or investor equity (12%-15% cost of capital). Use of PACE results in $146K annual savings vs. investor equity due to reduction in cost of capital. Owner return on equity (ROE) increases dramatically due to increased leverage and reduced equity dilution.

MECHANICS OF A PACE DEAL

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• Technical Review: Ensures investments are economically sound for property owners

• Underwriting standards: Debt and property value ratios • Program Compliance: References C-PACE guidelines (verified by program

administrator) • Contractor Underwriting: complete background checks • Mortgage protection: Consent form verifies that C-PACE assessment

does not conflict with mortgage covenant

BORROWER PROTECTIONS

LENDER AND TITLE PREREQUISITES

Request for Lender Consent and Notice of Proposed C-PACE Loan 1. Explanation of C-PACE program 2. Explanation of lien priority and remedies upon a default 3. Debt and lien runs with land 4. Disclosure of C-PACE loan terms: a) Loan amount b) Interest rate c) Repayment period d) Annual installment payments

GREENWORKS LENDING

• PACE project makes the building – the lender’s collateral – more valuable

• Only PACE assessment in arrears is senior – future assessments do not accelerate

• Underwriting, mortgage consent, and technical review ensure projects are appropriate

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120+ MORTGAGE LENDERS HAVE CONSENTED NATIONWIDE

Only the red line (arrears) is senior to mortgage

Energy Savings

PACE Payments

0 5 10 15 20 25

C-PACE IMPROVES MORTGAGE SECURITY

LENDER AND TITLE PREREQUISITES

Notice of Clean Energy Loan

Two-page document recorded in land records

1. Discloses loan amount and that the lien and assessment

runs with the land

2. Subject to recordation tax

RECOVERY OF COSTS OF C-PACE LOAN FROM TENANT

Common Area Operating Expenses (CAM) • Capital expenditures that reduce operating costs • Repairs and replacements amortized over useful life • Taxes and assessments

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Building owner and contractor scope and price project Contractor and lender assemble energy measures into package

for state PACE approval Lender underwrites building and executes financing agreement

with owner for project cost Lender funds building owner through construction milestone

schedule Building owner receives property tax bill with PACE assessment

line item Building owner pays PACE assessment to municipality at same

time other property taxes are due Municipality remits PACE assessment, through the state

administrator, to Lender

PROCESS & CAPITAL FLOW

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MARYLAND FLOW OF FUNDS

CASE STUDIES

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CASE STUDY: COMFORT INN AND MEDICAL OFFICES

Highlight: Hotel received Choice Hotel’s (ComfortINN) highest level certification for sustainability following the improvements.

Project Need & Solution Commercial office building and hotel on a single parcel in Gaithersburg MD. implementing cost-saving energy efficiency upgrades. Project Type: building envelope, HVAC replacement, LED Lighting Total Project Cost: $ 1,400,000 Money Down: $ 0.00 C-PACE Financing: $ 1,400,000 Term: 20 years Annual Assessment: $ 124,567 Year One Savings $ 34,444 Lifetime Cost Savings: $ 3,174,510 PACE to Value <10%

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CASE STUDY: MULTI-FAMILY RESIDENTIAL & RETAIL

Take-Away: Historic bank building renovated into LEED platinum mixed-use facility. Developer used C-PACE to lower average cost of capital in stack.

Project Need & Solution Transform a former bank headquarters into a mixed use commercial condo and apartment building consisting of 285 residential units and retail space on the lower levels. Energy: Solar, high-efficiency lighting, and a microgrid. Total Project Cost: $1,000,000 Money Down: $0.00 C-PACE Financing: $1,000,000 Term: 20 years Annual Assessment: $42,685 Year One Savings: $236,899 Lifetime Cost Savings: $1,907,591 PACE to Value 17%

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CASE STUDY: OFFICE BUILDING

Owner Quote: “We expect the enhanced energy performance will transform the building for decades to come, making it a more comfortable, healthier, and productive place to do business.”

Project Need & Solution Commercial office building in CT requiring gut rehabilitation of two floors to reposition the asset for a higher grade tenant. Energy: High efficiency lighting, HVAC, and 80 kW solar Total Project Cost: $1,000,000 Money Down: $0.00 C-PACE Financing: $1,000,000 Term: 20 years Annual Assessment: $21,794 Year One Savings: $961,631 Lifetime Cost Savings: $2,483,527.00 PACE to Value 10%

• Questions:

[email protected]

Larry Lerman is a commercial transactions attorney who closes deals for real estate owners and investors, banks, and other businesses throughout the Washington metropolitan area. He structures and documents complex commercial lending arrangements and represents parties who are buying, selling, leasing, and financing commercial real estate.

About the Presenters

Jessica Bailey co-founded Greenworks Lending, with the goal of accelerating Property Assessed Clean Energy-financed clean energy projects throughout the United States. Previously, she led the design and management of the C-PACE program at the CT Green Bank. In its first two years, the program financed $75 million in clean energy projects– more than doubling the volume of PACE transactions between 2013 and 2014.

Jessica Bailey CEO & Co-Founder Greenworks Lending T 203-883-6152 [email protected]

Larry Lerman Commercial Lending Attorney Lerch, Early & Brewer T 301-657-0163 [email protected]

Property Assessed Clean Energy (PACE)