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TOWN OF ROCKY MOUNTAIN HOUSE
REVISED CLEAN ENERGY IMPROVEMENT TAX BYLAW 2022/10
A Clean Energy Improvement Tax Bylaw to authorize the Town of Rocky Mountain House to
engage in the Clean Energy Improvement Program (CEIP).
WHEREAS the purpose of a municipality is to foster the well-being of the environment and
provide services, facilities or other things that, in the opinion of council, are necessary or
desirable for all or a part of the municipality;
WHEREAS the Clean Energy Improvement Program is a financing program that uses
municipal financing to facilitate the implementation of clean energy improvements to
residential, non-residential and farmland properties, through the use of a local assessment
mechanism, to provide security for repayment of the financing;
WHEREAS Alberta Municipal Services Corporation, operating as Alberta Municipalities, has
been designated by the Minister as the Program Administrator responsible for the Clean
Energy Improvement Program, to support municipalities in Alberta that finance clean energy
improvements;
WHEREAS the Council of the Town of Rocky Mountain House wishes to enable a Clean Energy
Improvement Bylaw, to establish a Clean Energy Improvement Program pursuant to Section
390.3 of the Municipal Government Act, R.S.A. 2000, c. M-26 ("the Act");
WHEREAS the Council of the Town of Rocky Mountain House wishes to enable financing for
clean energy improvements for eligible properties in their municipality by working with Alberta
Municipal Services Corporation to establish a Clean Energy Improvement Program.
NOW THEREFORE, the Council of the Town of Rocky Mountain House; duly assembled,
enacts as follows:
TITLE AND PURPOSE:
1.
This Bylaw may be cited as the "Clean Energy Improvement Tax Bylaw", of the
Town of Rocky Mountain House.
2.
The purpose of this Bylaw is to establish a Clean Energy Improvement Program (CEIP)
in accordance with Part 10, Division 6.1 of the Act, to set the terms and conditions of
that Program.
3.
This Bylaw works in conjunction with the Town's CEIP Line of Credit (LOC) Borrowing
Bylaw.
DEFINITIONS:
4.
In this Bylaw:
a) "Act" means the Municipal Government Act, RSA 2000, cM-26.
b) "Administration Fee" means an administration fee as defined in Section l(a)
of the Regulations, which shall be 5% of the Capital Costs of the Clean Energy
Improvements in a Clean Energy Improvement Agreement.
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REVISED Clean Energy Improvement Tax Bylaw 2022/10
c) "Capital Costs" means the cost of the Clean Energy Improvement including
the cost of the improvement, including labour, and any incidental costs.
d) "Chief Administrative Officer" or "CAO" means the Chief Administrative
Officer of the Town, or any authorized delegate.
e) "Clean Energy Improvement" means a clean energy improvement as defined
in Section 390.1 of the Act.
f)
"Clean Energy Improvement Agreement" or "Agreement" means an
agreement entered into between the Town and a Property Owner in accordance
with Section 390.4 of the Act.
g) "Clean Energy Improvement Tax" means a Tax intended to repay the cost
of a Clean Energy Improvement borrowing, in accordance with Division 6.1 of
the Act.
h) "Mayor" means the Town's chief elected official as defined in Section (l)(l)(d)
of the Act.
i)
"Program" means a Clean Energy Improvement Program established and
operating under the terms of Division 6.1 of the Act.
j)
"Program Administrator" means Alberta Municipal Services Corporation,
operating as Alberta Municipalities, as appointed in accordance with the
Regulations.
k) "Property" means the Property on which a Property Owner is applying to affix
a Clean Energy Improvement.
I)
"Property Owner" means the owner of Property in the Town that is applying
to take part in the Program.
m) "Regulations" means the Clean Energy Improvements Regulation, Alta Reg
212/2018.
n) "Town" means the Town of Rocky Mountain House.
GENERAL REQUIREMENTS
5.
The Town, through the Chief Administrative Officer, shall implement a Program on the
terms and conditions outlined in this Bylaw.
6.
The Chief Administrative Officer may delegate any authority under this Bylaw.
7.
The Chief Administrative Officer shall have the authority to approve and enter into an
agreement with the Program Administrator.
8.
When exercising duties under the Program, the Program Administrator shall not act as
an agent of the Town.
9.
A Property Owner of an eligible Property within the Town can apply to the Program
Administrator to seek financing for a Clean Energy Improvement to their Property.
10.
The Town shall have the authority to approve and enter into a Clean Energy
Improvement Agreement with a Property Owner, in accordance with this bylaw.
11.
Participation in the Program is limited to an eligible Property, located within the Town
that is classified, pursuant to section 297 of the Act, as
residential; or
non-residential; or
farmland
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REVISED Clean Energy Improvement Tax Bylaw 2022/10
but does not include designated industrial property, government-owned property and
manufactured/mobile homes.
12.
If a Property has more than one classification for the purposes of Taxation pursuant
to Section 297 of the Act, the class of the Property shall be determined by whichever
class of the Property forms the majority of the Property.
13.
A Property Owner of a Property that has a non-profit designation, whether having
received full or partial Property Tax exemption under the Act, is responsible to pay any
and all principal and interest of the Clean Energy Improvement Program costs, as per
the Clean Energy Improvement Agreement.
14.
The Chief Administrative Officer, or designate, of the Town of Rocky Mountain House
is hereby authorized to impose a Clean Energy Improvement Tax, in respect of each
Clean Energy Improvement made to a Property, where the Town has entered into a
Clean Energy Improvement Agreement with the owner(s) of that Property.
15.
The Clean Energy Improvement Tax will be voluntarily levied against a Property when
there is a Clean Energy Improvement Agreement, to raise revenue to pay the amount
required to recover the costs of those Clean Energy Improvements, including principal
and interest.
16.
The Property Owner(s) must meet the criteria listed below to be eligible to participate
in the Clean Energy Improvement Program:
a) They must be current on their Taxation payment for the Property, for a period
of five years, prior to the date of the application to the program;
b) They must not currently be in, or ever have been in, collections for a Property
in the Town of Rocky Mountain House;
c)
They may, for first-time Property Owners that have purchased the home within
the last year, be subject to an enhanced financial eligibility review;
d) They may, for Property Owners that are new to the Town and do not have a
financial history with the Town, submit a record of Property Tax verification
from another municipality, for any Property previously owned in a different
municipality;
e) They must provide mortgage information and receive approval from their
mortgagors to participate in the Program. If the current mortgage amount plus
the proposed Clean Energy Improvement borrowing exceeds the assessed
value of the home, the Town reserves the right to deny the applicant;
f)
They must be in good standing with the Town. The Town reserves the right to
deny the applicant, if the applicant is not in good standing with any Department
of the Town. The Town reserves the right to define what "good standing"
entails, and can include but is not limited to, any development compliance
issue, safety codes issue or anyone in receipt of municipal grant money without
following through with the terms of the grant;
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REVISED Clean Energy Improvement Tax Bylaw 2022/10
g) They must not be in bankruptcy ( or insolvency), the Property must not be in
foreclosure, and the Property Owner(s) will be required to provide a sworn
statement confirming this;
h) They must be current on their mortgage payment, current on any other debts
secured by the Property and have not been late on any such payments. They
may be required to submit a letter from their financial institution confirming
this;
i)
They must meet any additional eligibility criteria as identified by the Town or
the Program Administrator;
j)
Where there is an existing Clean Energy Improvement Agreement registered
against the Property, and the loan under this agreement has not been paid out,
the Town shall refuse the application.
17.
For a Clean Energy Improvement to be eligible, it must be an installation that is
permanently affixed to the eligible Property which:
a) will increase the energy efficiency or use of renewable energy on the Property;
b) involves
i.
Interior and Exterior Lighting and Lighting Controls;
ii.
HVAC (i.e., high efficiency furnace);
iii.
Water Heating;
iv.
Building Envelope Improvements (i.e., insulation);
v.
Renewable Energy Upgrades (i.e., photovoltaic solar system);
or such other Clean Energy Improvements as are approved and agreed to in
writing by the Town within the Agreement, and those improvements are
provided on the list of eligible upgrades available through the Program
Administrator's website;
c) is not less than three thousand ($3,000) dollars in project value;
d) does not exceed a project value of $50,000 for residential, $500,000 for non
residential and $100,000 for farmland.
18.
Whereby the amount of the Tax authorized by a bylaw under section 353 (Property
Tax) of the Municipal Government Act most recently, and imposed on the Property, is
greater than or equal to the annual payment calculated in accordance with the
following formula:
A+B+C
D
where
REVISED Clean Energy Improvement Tax Bylaw 2022/10
4
A
is the capital cost of undertaking the Clean Energy Improvement;
B
is the total cost of professional services needed for the Clean Energy
Improvement;
C
is the total of all incidental costs;
D
is the probable lifetime, calculated in years, of the improvement.
19.
The Clean Energy Improvement Agreement will be as set out as under Section 390.4
of the Municipal Government Act, and as amended.
20.
Failure to append a Clean Energy Improvement Agreement to a contract of sale by the
Owner does not invalidate the Clean Energy Improvement Agreement and shall not
affect the imposition of a Clean Energy Improvement Tax.
21.
The period over which the cost of each eligible Clean Energy Improvement will be
spread over the probable lifetime of the improvement, to a maximum of 20 years, and
where the repayment amount, not including interest or the Administration Fee, does
not exceed the Taxation amount for the Property in question. For multiple upgrades
on one Property, one Tax line will appear on the Tax certificate.
22.
The Property Owner(s) can apply for the program:
a) by submitting an application to the Program Administrator for the Clean Energy
Improvement Program, including any required supporting documentation, and
following all program requirements as outlined by the Program Administrator
and the Town;
b) by paying the required Administration Fee, not to exceed $100 for residential,
$500 for non-residential, and $200 for farmland.
23.
That for the purpose of the Clean Energy Improvement Program, the sum of project
amounts, as they are approved, will be borrowed as outlined under the Town's Clean
Energy Improvement Program Borrowing Bylaw.
24.
The annual maximum amount to be allocated by the Town towards the Clean Energy
Improvement Program is $300,000 for residential, $500,000 for non-residential and
$100,000 for farmland.
25.
The annual borrowed amount will have a maximum rate of interest of eight percent
(8%), and a maximum term of twenty (20) years, with the repayment term calculated,
based on the total lifespan of each improvement.
26.
The principal and interest owing under the borrowing will be paid using the proceeds
from Clean Energy Improvement Tax and payments made by the approved project
recipients through to the Town on the annual improvement levy.
27.
A Clean Energy Improvement Tax will be imposed on the Property that is subject to a
Clean Energy Improvement Agreement, in the Tax year proceeding substantial
performance of the projects under the Clean Energy Improvement Agreement.
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REVISED Clean Energy Improvement Tax Bylaw 2022/10
28.
In the event that an owner wishes to repay the Clean Energy Improvement Program
financing early, the amount owing will be calculated at the time of the request, based
on principal and interest remaining and the terms of the financing being used for the
project(s).
29.
Any project(s) that has been approved under the Clean Energy Improvement Program,
must be completed within the time limit as set out under the Agreement.
30.
If any clause in this bylaw is found to be invalid, it shall be severed from the remainder
of this bylaw and shall not invalidate the whole bylaw.
31.
This Bylaw shall comes into force upon third reading and is signed by the Mayor and
Chief Administrative Officer or designate.
This Bylaw repeals Clean Energy Improvement Tax Bylaw 2021/03.
Read a first time in Council this 5th day of July, 2022.
Read a second time in Council this 2nd day of August, 2022.
Read a third and final time in Council this 2nd day of August, 2022.
Debbie Baich, Mayor
REVISED Clean Energy Improvement Tax Bylaw 2022/10
Redacted under Sec 17 of the FOIP Act.
Redacted under Sec 17 of the FOIP Act.
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