An Act To Allow for the Establishment of Commercial Property Assessed Clean Energy Programs
Sec. 1. 35-A MRSA c. 101 is enacted to read:
COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY
§ 10201. Declaration of public purpose
It is declared that the establishment and implementation of commercial property assessed clean energy, or commercial PACE, programs to finance energy savings improvements are public purposes.
§ 10202. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
(1) Meets or exceeds applicable United States Environmental Protection Agency and United States Department of Energy Energy Star program or similar energy efficiency standards established or approved by the trust; or
(2) Involves weatherization of commercial or industrial property in a manner approved by the trust; or
§ 10203. Commercial PACE programs
(1) Administer the functions of a commercial PACE program, including, but not limited to, entering into commercial PACE agreements with commercial property owners and collecting commercial PACE assessments; or
(2) Enter into a contract with the trust to administer some or all functions of the commercial PACE program for the municipality.
§ 10204. Consumer underwriting and disclosure
(1) Is current on property taxes and sewer charges;
(2) Has no outstanding and unsatisfied tax or sewer liens;
(3) Is not subject to a reverse mortgage; and
(4) Is not subject to a mortgage or other lien on which there is a recorded notice of default, foreclosure or delinquency that has not been cured;
§ 10205. Commercial PACE assessments; collection; priority
§ 10206. Commercial property owners
§ 10207. Annual report
The trust shall report annually on the implementation of this chapter as part of the report required under section 10104, subsection 5.
§ 10208. Rulemaking
Rules adopted under this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§ 10209. Construction; home rule
Nothing in this chapter may be construed to limit the home rule authority of a municipality.
§ 10210. Conformity to changed standards
If standards are adopted by any state or federal agency subsequent to a municipality's adoption of a commercial PACE ordinance or participation in a commercial PACE program and those standards substantially conflict with the municipality's manner of participation in the commercial PACE program, the municipality shall take necessary steps to conform its participation to those standards.
This bill allows the Efficiency Maine Trust or a municipality to establish a commercial property assessed clean energy program to finance energy savings improvements on qualifying property.