Chapter 184 |
2017 -- H 5199 SUBSTITUTE A Enacted 07/18/2017 |
A N A C T |
RELATING TO PUBLIC UTILITIES AND CARRIERS - PROPERTY ASSESSED CLEAN ENERGY PROGRAM |
Introduced By: Representative Marvin L. Abney |
Date Introduced: January 25, 2017 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 39-26.5-6 of the General Laws in Chapter 39-26.5 entitled |
"Property Assessed Clean Energy Program" is hereby amended to read as follows: |
39-26.5-6. Priority of PACE lien. |
(a) A PACE lien on a residential property shall be: subordinate to all liens on the |
residential property in existence at the time the residential PACE lien is filed; subordinate to a |
first mortgage on the residential property recorded after such PACE lien is filed; and superior to |
any other lien on the residential property recorded after such PACE lien is filed. This subsection |
shall not affect the status or priority of any other municipal or statutory lien. |
(b) At the time of a transfer of property ownership of a residential property, including by |
foreclosure, the past-due balances of any special assessment under this chapter shall be due for |
payment. In the event of a foreclosure action, the past-due balances shall include all payments on |
a PACE assessment that are due and unpaid as of the date of the foreclosure. Unless otherwise |
agreed by the PACE lender, all payments on the PACE assessment that become due after the date |
of transfer by foreclosure or otherwise shall continue to be secured by a PACE lien on the PACE |
property and shall be the responsibility of the transferee. |
(c) A PACE lien on a commercial property shall be: senior to all liens on the commercial |
property in existence at the time the PACE lien is filed, subject to the consent of the senior |
mortgage holder on the property; senior to all liens filed or recorded after the time the PACE lien |
is created; but junior to a municipal tax lien. |
(d) At the time of a transfer of property ownership of a commercial property, including |
by tax sale, in accordance with §44-9-32, or foreclosure, the past-due balances of any PACE |
assessment under this chapter shall be due for payment. Unless otherwise agreed by the PACE |
lender, all payments of PACE assessments that become due after the date of transfer by tax sale, |
in accordance with §44-9-32, or foreclosure, or otherwise shall be secured by a PACE lien on the |
PACE property and shall be the responsibility of the transferee. |
SECTION 2. This act shall take effect on March 1, 2017. |
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LC000193/SUB A |
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