Episode 84 – The PACE-Prologis Project in San Francisco

by Wendel, Rosen, Black & Dean LLP
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In Episode 84 of The Wendel Forum (originally aired on November 10, 2012, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Aaron Binkley, Director of Sustainability at Prologis, and Rich Chien, PACE program manager at San Francisco’s Department of the Environment.

Richard Chien

Richard Chien, PACE program manager at SF’s Department of the Environment

San Francisco’s PACE program uses stimulus funds to improve the environmental performance and reduce greenhouse gas emissions from the City’s existing building stock.  Part of the Department of Energy’s green building policy, PACE launched the commercial building program a year ago.  It’s first project is Pier 1, the headquarters of Prologis, the country’s largest industrial real estate company.

Aaron Binkley

Aaron Binkley, Director of Sustainability at Prologis

At a cost of $1.6 million, the PACE-Prologis project will include rooftop solar panels and energy efficiency upgrades.  Specifically, the building will receive retrocommissioning of its heating and cooling systems (primarily related to software, controls, valves and motors) and a full lighting retrofit (replacing bulbs and some fixtures; adding sensors and daylight capture equipment). When it’s completed in 2013, the project will reduce energy purchases by one third from last year’s baseline.  All of the building’s tenants (including the Port of San Francisco) will benefit, and savings will be applied to all occupants on a pro rata basis.  The changes have been calibrated so as to not generate excess energy that needs to be sold back to the grid.

Piloted in Berkeley in 2007, the PACE program uses local governments’ taxing or bond-issuing authority to fund projects that have a public benefit.  The PACE-Prologis project is 100 percent privately funded, with bonds issued to private investors. Repayments are made through the property tax billing system, which allows for longer terms (up to 20 years). The property is the collateral and repayment obligations transfer to the new owner if the building sold.  The interest is federally taxable and California tax-free.

A challenge to the PACE program is that the loan agreements from residential and commercial lenders typically prevent land owners from further encumbering their properties without the lender’s approval.  Since the PACE bonds are repaid through increased property taxes, the bonds are effectively senior in security to the lenders’ loans.  Some lenders may be reluctant to approve PACE financing unless they are confident that the resulting energy savings will translate into a sufficiently higher property value so that their positions are not impaired.  One approach to lender reluctance is for the lender itself to purchase the PACE bonds.  In that case, the lender is only subordinated to itself and gets the benefit of the investment in the PACE bonds.

How could the PACE program impact your community?

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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