CA Attorney General Jerry Brown Sues Fannie, Freddie


Take that, mortgage giants! California Attorney General (and gubernatorial candidate) Jerry Brown has filed a lawsuit against Fannie Mae and Freddie Mac for blocking clean power financing programs known as Property Assessed Clean Energy (PACE).

Under PACE  programs, local governments make loans to home owners to install a clean energy system (often rooftop solar panels), and the homeowner can repay the loan over 20 years via a property tax assessment that stays with the house even if it’s sold. The idea behind PACE was developed back in 2007 by Cisco DeVries, who at the time was the Berkeley, Calif., mayor’s chief of staff. The city of Berkeley was the first to support the program.

Despite the fact that PACE programs have widespread support, Fannie Mae and Freddie Mac said earlier this year that they wouldn’t accept loans that have taken advantage of PACE. The mortgage firms said that tax payers would shoulder the burden of defaulted loans that have used PACE and the Federal Housing Finance Agency then came out in support of that finding.

But PACE programs have been embraced by the federal government, have been allocated stimulus funds, have been implemented in close to half of U.S. states and are reported to create $1 billion in new clean power projects and up to 20,600 construction jobs.

As we reported earlier this week, the mortgage giants’ ruling, and the mixed messages, have resulted in startups closing shop and cities halting their PACE programs. A statement from Brown’s office said, “As the nation struggles through the worst recession in modern times, California is taking action in federal court to stop the regulatory strangulation of the state’s grass-roots program that is spreading across the country.”

The lawsuit asks the court to require Fannie Mae and Freddie Mac to recognize California law and support PACE programs in California. Brown’s letter to Acting Director of the Federal Housing Finance Agency, Edward DeMarco, is worth a read. It states:

“[T]he California Attorney General’s Office at the end of last year began a discussion with FHFA staff about PACE in California. During these discussions, your staff assured this Office that we would continue to work together on issues related to PACE. Relying in part on this assurance, California has invested substantial resources in PACE programs, consistent with the White House’s “Recovery Through Retrofit” policy document and with the express support of the Department of Energy.”

Many people are expecting that PACE will recover over the long haul from the set back, and if it does, Brown’s lawsuit will be the start. As Alex Robinson, the CEO of PACE software startup GreenDoor (which closed shop after Freddie and Fannie ruled against PACE) said to me earlier this week, “PACE enjoys widespread political support and has a decent chance of eventually emerging from this period of uncertainty.”

For more research on cleantech financing, check out GigaOM Pro (sub req’d):

Cleantech Financing Trends 2010 & Beyond


how much T3

It is 2010. The clock is ticking. Tick, tick, ticking away. Greenhouse gas emissions have to be stabilized by 2015 and begin declining after that. The earth is warming more rapidly than previously predicted. The U.S. is way behind schedule on this. Perhaps Fannie Mae’s CEO Michael Williams, Freddie Mac’s CEO Charles Haldeman and FHFA’s Edward DeMarco should take a look at

For those of us who have an opinion and who would like to share their sentiment about the PACE decision, you can reach these key decision-makers at:

Charles Haldeman Jr.
Freddie Mac
8200 Jones Branch Dr.
McLean, VA 22102-3110
Toll Free: 800-424-5401
703-903-2000 Fax: 703-903-4045

Michael Williams
Fannie Mae
3900 Wisconsin Ave. NW
Washington, DC 20016-2892
Toll Free: 800-732-6643

Edward DeMarco
Acting Director
Federal Housing Finance Agency (FHFA)
1700 G Street, NW 4th Floor
Washington, DC 20552

Or you can write to:

Senate Committee on Environment and Public Works
410 Dirksen Senate Office Bldg.
Washington, DC 20510-6175

Select Committee on Energy Independence and Global Warming
B243 Longworth House Office Building
Washington, DC 20515
Fax: 202-225-4092

PACE would increase the resale value of buildings. $171. Green building sales prices are $171 per square foot higher than non-green buildings. “According to a recent study by CoStar, green buildings that are certified under the LEED rating system …are sold for higher sales prices. …LEED certified buildings command sales prices of $171 per square foot more than the sales prices for buildings that are not LEED certified.” (Julie Stamato, Senior Attorney, “Building Green: A Win-Win for All,” Theodora Oringher Miller and Richman PC)

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