An Act To Increase the Affordability of Clean Energy for Homeowners and Businesses
Maine Legislature, Session 124, LD 1717
Committee Amendment CA_A_H745 (House)

COMMITTEE AMENDMENT ,ft" to H.P. 1218, L.D. 1717, Bill, "An 
Increase the Affordabil ity of Clean Energy for Homeowners and Businesses" 
Act To 
Amend the bill by striking out all of the emergency preamble and inserting the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the State has an aging housing stock that contributes to a high per capita 
consumption of oil; and 
Whereas, weatherization and efficiency upgrades can dr~matically reduce the 
amount of oil needed to heat a home or building; and 
Whereas, state policy includes the following energy-related targets: weatherizing 
100% of residences and 50% of businesses and reducing the State's consumption of liquid 
fossil fuels by at least 30% by 2030; reducing peak-load electric energy consumption by 
megawatts and building stable private sector jobs providing clean energy and energy 
efficiency products and services in the State by 2020; and reducing greenhouse gas 
emissions from the heating and cooling of buildings in the State by amounts consistent 
with the State's goals established in the Maine Revised Statutes, Title 38, section 576; and 
Whereas, the up-front costs of weatherization and efficiency upgrades keep 
homeowners and businesses from making such improvements; and 
Whereas, on December 14, 2009 the State submitted a grant proposal to the United 
States Depal1ment of Energy seeking $75,000,000 for a Retrofit Ramp-Up program that 
could be used to aggressively weatherize the State's housing stock; and 
Whereas, the State's Retrofit Ramp-Up grant proposal relies, in pal1, upon propelty 
assessed clean energy, or PACE, financing, both for the deployment of federal grant 
proceeds and for subsequent leveraging of those funds; and 
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COMMITTEE AMENDMENT" A" to H,P, 1218, L.D, 1717 
Whereas, the State's grant proposal will be substantially enhanced if the State 
establishes a PACE financing program to finance weatherization and energy savings 
improvements; and 
Whereas, the State has a short summer construction season for implementing 
weatherization and energy savings improvements; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec.!. 35-A MRSA c. 99 is enacted to read: 
CHAPTER 99 
PROPERTY ASSESSED CLEAN ENERGY 
§10151. Short title 
This chapter may be known and cited as "the Property Assessed Clean Energy Act" 
or "the PACE Act. " 
§10152. Declaration of public purpose 
It is declared that the establishment and implementation of propelty assessed clean 
energy, or PACE, programs to finance energy savings improvements are public purposes. 
§10153. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Energy savings improvement. 
"Energy savings improvement" means an 
improvement to qualifying property that, as determined by the trust, is new and 
permanently affixed to qualifying property and that: 
A. Will result in increased energy efficiency and substantially reduced energy use 
and: 
(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 residential, commercial or industrial property in a 
manner approved by the trust; or 
B. Involves a renewable energy installation or an electric thermal storage system that 
meets or exceeds standards established or approved by the trust. 
2. PACE agreement. "PACE agreement" means an agreement that authorizes the 
creation of a PACE mortgage on qualifying property and that is approved in writing by 
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COMMITfEE AMENDMENT "~,, to H.P. 1218, L.D. 1717 
all owners of the qualitying property at the time of the agreement, other than mortgage 
holders. 
3. 
PACE assessment. "PACE assessment" means an assessment made against 
qualitying property to repay a PACE mortgage. 
4. PACE mortgage. "PACE mortgage" means a mortgage securing a loan made 
pursuant to a PACE program to fund energy savings improvements on qualitying 
property. 
5. 
PACE ordinance. 
"PACE ordinance" means an ordinance adopted by the 
legislative body of a municipality for the purpose of participating in a PACE program. 
6. 
PACE program. "PACE program" means a program established under this 
chapter by the trust or a municipality under which property owners can finance energy 
savings improvements on qualitying property. 
7. Qualifying property. "Qualitying property" means real property located in a 
municipality that participates in a PACE program pursuant to this chapter. 
8. Renewable energy installation. "Renewable energy installation" means a fixture, 
product, system, device or interacting group of devices installed behind the meter at a 
qualitying property, or on contiguous property under common ownership, that produces 
energy or heat from renewable sources, including, but not limited to, photovoltaic 
systems, solar thermal systems, biomass systems, landfill gas to energy systems, 
geothermal systems, wind systems, wood pellet systems and any other systems eligible 
for funding under federal Qualified Energy Conservation Bonds or federal Clean 
Renewable Energy Bonds. 
9. Trust. "Trust" means the Efficiency Maine Trust established in section 10103. 
§10154. PACE programs 
1. Establishment; funding. The trust or a municipality that has adopted a PACE 
ordinance may establish a PACE program funded by funds awarded to the State under the 
federal Energy Efficiency and Conservation Block Grant Program or by any other funds 
available for this purpose. Notwithstanding any other provision of law, after July I, 20 I 0, 
the trust may use funds from its administrative fund or program funds to pay reasonable 
administrative expenses of the trust or a municipality incurred to carry out the purposes of 
this chapter. 
2. 
Program administration; municipal participation and liability. APACE 
program must be administered as follows. 
A. A municipality that has adopted a PACE ordinance may: 
(1) Administer the functions of a PACE program, including, but not limited to, 
entering into PACE agreements with property owners and collecting PACE 
assessments; or 
(2) Enter into a contract with the trust to administer some or all functions of the 
PACE program for the municipality. 
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COMMITIEE AMENDMENT.~" to H.P. 1218, L.D. 1717 
B. The trust may enter into contracts with municipalities that have adopted PACE 
ordinances to administer PACE program functions in such municipalities. 
C. Notwithstanding any other provision of law to the contrary, municipal officers 
and municipal officials, including, without limitation, tax assessors and tax collectors, 
are not personally liable to the trust or to any other person for claims, of whatever 
kind or nature, under or related to a PACE program established under subsection I, 
including, without limitation, claims for or related to uncollected PACE assessments. 
D. Other than the fulfillment of its obligations specified in a PACE agreement, a 
municipality has no liability to a property owner for or related to energy savings 
improvements financed under a PACE program. 
3. Quality assurance system. Subject to the availability of funds, the trust shall, 
within 9 months of the establishment of a PACE program under subsection I, adopt by 
rule a comprehensive quality assurance system for the PACE program. 
In developing a 
quality assurance system under this subsection, the trust must consult with industry 
stakeholders, including, but not limited to, representatives of energy efficiency programs, 
contractors and environmental, energy efficiency and labor organizations. 
4. Terms and conditions. The trust may, by rule, establish terms and conditions 
under which municipalities and property owners may participate in a PACE program 
established under subsection I, which may include, but are not limited to, terms and 
conditions related to program design, implementation and administration, cost sharing, 
collection of PACE assessments, establishment of PACE mortgages, recording of liens 
and management of federal grant funds and terms and conditions to ensure the collection 
of data required to quantify carbon savings and to facilitate access to and eligibility for 
voluntary carbon markets, for federal grants for energy efficiency and for other incentive 
programs that support energy savings improvements. 
A. Rules adopted pursuant to this subsection may incorporate any federal standard, 
quality control measure or other requirement established for federal energy efficiency 
programs as long as the standard, measure or requirement is consistent with the 
quality assurance system adopted under subsection 3. 
B. The trust may vary the terms and conditions established under this subsection 
applicable to a participating municipality from those of other participating 
municipalities by mutual agreement with that municipality. 
5. Model documents; educational materials. Subject to the availability of funds, 
the trust shall develop and provide to municipalities model PACE ordinances, model 
PACE agreements, other model forms and documents and educational materials for use 
by municipalities in the implementation of PACE programs. 
§10155. Consumer underwriting and disclosure 
1. Underwriting. A PACE agreement entered into pursuant to a PACE program 
must comply with underwriting requirements established by rule by the trust. In adopting 
such rules, the trust shall seek advice from the Department of Professional and Financial 
Regulation, Bureau of Consumer Credit Protection and consumer credit industry 
stakeholders. Underwriting requirements established by the trust must, at a minimum: 
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A. Lim it the amount of a PACE mortgage for qualifying property that is residential 
property to $15,000; 
B. Require debt-to-income ratios of not more than 50% for qualifying property that 
is residential property; 
C. Provide that the term of the PACE agreement not exceed the estimated useful life 
of the financed energy savings improvements; 
D. Require that financed energy savings improvements are cost-effective; 
E. Requ ire proof of ownersh ip of the qual ified property; 
F. Require that the qualified property: 
(I) 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; 
G. Require that the owner or owners of the qualified property certify that there are no 
overdue payments on mortgages secured by the property; and 
H. Require escrows for PACE assessment payments when appropriate. 
2. 
Consumer disclosure; truth in lending. 
A PACE agreement entered into 
pursuant to a PACE program must provide consumer disclosure consistent with the 
principles of truth in lending as specified in rules adopted by the trust. In adopting such 
rules, the trust shall seek advice from the Department of Professional and Financial 
Regulation, Bureau of Consumer Credit Protection and consumer credit industry 
stakeholders. Notwithstanding Title 9-A, section 1-202, PACE mortgages are not subject 
to the Maine Consumer Credit Code, Article 8. 
3. Consumer privacy. The provisions of the federal Gramm-Leach-Bliley Act, 15 
United States Code, Section 6801 et seq. (1999), and the applicable implementing federal 
regulations regarding the privacy of consumer information, apply to all consumer 
financial information obtained by the trust or municipalities or their designees in 
implementing PACE programs under this chapter. 
§10156. PACE mortgages; collection of PACE assessments; priority 
1. Collection of assessments. PACE assessments do not constitute a tax but may be 
assessed and collected by the trust, a municipality or an agent designated by the trust or a 
municipality in any manner allowed under the PACE program, consistent with applicable 
laws. 
2. Notice; filing. A notice of a PACE agreement must be filed in the appropriate 
registry of deeds. The filing of this notice creates a PACE mortgage against the property 
subject to the PACE assessment until the amounts due under the terms of the PACE 
agreement are paid in full. A notice filed under this siJbsection must, at a minimum, 
include: 
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A. 
The amount of funds disbursed or to be disbursed pursuant to the PACE 
agreement; 
B. The names and addresses of the current owners of the qualifying property su bject 
to the PACE assessment; 
C. A description of the property subject to the PACE assessment, including its tax 
map and lot number; 
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D. The duration of the PACE agreement; and 
E. The name and address of the entity filing the notice. 
3. Priority. Except as provided in paragraph A, the priority of a PACE mortgage 
created under subsection 2is determined based on the date of filing of notice required 
under subsection 2 and applicable law. A PACE mortgage is not entitled to any special 
or senior priority. 
A. 
If a property owner's PACE assessment payments are current, upon the 
refinancing, sale or transfer of the qualifying property, other than a judicial sale or 
foreclosure, the PACE mortgage is junior and subordinate in priority to the first 
mortgage used to refinance an existing mortgage or a first mortgage of a subsequent 
purchaser or transferee, regardless of the date of the recording of the refinanced first 
mortgage or the first mortgage of the subsequent purchaser or transferee. 
B. If a property owner's PACE assessment payments are delinquent, the past due 
assessments must be satisfied prior to or contemporaneously with the refinancing, 
sale or transfer of the qualifying property, other than a judicial sale or foreclosure. 
4. Judicial sale or foreclosure. In the event of a judicial sale or foreclosure of a 
property subject to a PACE mortgage, all parties with mortgages or liens on that property, 
including without limitation PACE mortgagees, must receive on account of such 
mortgages or liens sale proceeds in accordance with the priority established by applicable 
law. Following a judicial sale or foreclosure, any deficiency with respect to amounts 
previously secured by a PACE mortgage must be satisfied from the reserve fund 
established under subsection 6. 
5. Release of mortgage. A municipality shall discharge a PACE mortgage created 
under subsection 2 upon full payment of the amount specified in the PACE agreement. 
The discharge of a PACE mortgage under this subsection must be filed with the 
appropriate registry of deeds. 
6. Reserve fund. The trust shall create a reserve fund to protect the trust in the event 
of a judicial sale or foreclosure of qualifying property subject to a PACE mortgage. The 
reserve fund may be funded by the trust using grant funds or interest charged on PACE 
mortgages. The reserve fund must be funded at a level sufficient to offset past due 
balances on PACE assessments and any remaining principal balances on those 
assessments, as reasonably predicted based on good lending practices. 
§10157. Property owners 
1. Purchase of goods and services. A property owner who has entered into a PACE 
agreement under this chapter may purchase directly all goods and services for the energy 
savings improvements described in the PACE agreement, subject to vendor certification 
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by the trust and other requirements of the trust. Goods and services purchased by a 
property owner for the energy savings improvements under a PACE agreement are not 
subject to any public procurement ordinance or statute. 
2. Rights; carbon emissions reductions. Property owners retain all rights under 
contract or law against parties other than the municipality or the trust with respect to 
energy savings improvements financed through PACE agreements, except that all rights 
related to carbon emissions reductions resulting from those improvements are deemed to 
be assigned by the property owner to the trust and are held by the trust. 
§10158. Annual report 
The trust shall report annually on the implementation of this chapter as part of the 
report required under section 10104, subsection 5. 
§10159. Rulemaking 
Rules adopted under this chapter are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
§10160. Construction; home rule 
Nothing in this chapter may be construed to limit the home rule authority of a 
municipality. 
§10161. Construction; carbon emissions reductions 
Nothing in this chapter is intended to or may be construed to constitute a mandate 
that would prevent the sale of carbon emissions reductions into a voluntary carbon 
market. 
§10162. Conformity to changed standards 
If standards are adopted by any state or federal agency subsequent to a municipality's 
adoption of a PACE ordinance or participation in a PACE program and those standards 
substantially conflict with the municipality's manner of participation in the PACE 
program, the municipality shall take necessary steps to conform its participation to those 
standards. 
Sec. 2. Transition; Public Utilities Commission assistance. Prior to July 1, 
2010, the Efficiency Maine Trust may use funds allocated to the trust in Public Law 
2009, chapter 372 to fund the trust's activities under the Maine Revised Statutes, Title 
35-A, chapter 99. Until the trust has in place sufficient staffing resources to undertake its 
responsibilities under Title 35-A, chapter 99, the Public Utilities Commission, at the 
request of the Efficiency Maine Trust and within the limits of the commission's resources, 
shall provide assistance to the trust in implementing Title 35-A, chapter 99. 
Sec. 3. Review; PACE program implementation and municipal funding 
options. The Efficiency Maine Trust shall convene a stakeholder group to review and 
make recommendations regarding the implementation of PACE programs pursuant to the 
Maine Revised Statutes, Title 35-A, chapter 99 and the development of and sources of 
funding for municipally funded PACE programs. 
The review conducted under this 
section must consider program features to ensure long-term energy savings, promote 
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quality workmanship and otherwise contribute to achieving the state policy goal of 
weatherizing 100% of residences and 50% of businesses by 2030. The review must 
include, but is not limited to: 
1. An examination of the PACE program implementation experience, including 
program participation and barriers to participation, types of energy savings improvements 
financed, quality assurance issues, adequacy of consumer and lender protections and the 
roles of the Efficiency Maine Trust and municipalities; and 
2. Funding sources and options for municipally funded programs, including, but not 
limited to, municipal bonding and private capital markets. The review must consider: 
A. Available sources of funding for municipalities in addition to the federal Energy 
Efficiency and Conservation Block Grant Program and appropriate methods for a 
municipality to approve the use of such sources; 
B. Program features that would maximize the opportunities for accessing the private 
capital markets for long-term sustainable financing, including measurement and 
verification of energy savings; heightened lien priority consistent with the public 
purpose of a contractual assessment program; establishment of reserve funds; and 
reasonable lim itations on the size of loans and types of eligible projects; 
C. Approaches for independently managing municipally funded programs through 
one or more 3rd-party administrators that can provide support for multiple 
participating municipalities; 
D. Measures to limit the liability of any municipality, municipal official or municipal 
employee involved in a municipally funded program; 
E. Standard contracts, ordinances and other documents that may be useful in 
facilitating the implementation of contractual assessment programs; and 
F. Proper allocation of the costs of administering contractual assessment programs, 
including loan origination fees, municipal administrative expenses and any 
reasonable expenses incurred by the Efficiency Maine Trust for the oversight or 
support of such programs. 
Sec. 4. Interim and final reports; authority for legislation. No later than 
March I, 2011, the Efficiency Maine Trust shall subm it an interim report of the findings 
and recommendations, including any suggested draft legislation, under section 3 to the 
joint standing committee of the Legislature having jurisdiction over utilities and energy 
matters. Following receipt of the interim report, the joint standing committee of the 
Legislature having jurisdiction over utilities and energy matters may submit a bill related 
to the report to the First Regular Session of the 125th Legislature. 
No later than January 30,2012, the Efficiency Maine Trust shall submit a final rep0l1 
of the findings and recommendations, including any suggested draft legislation, under 
section 3 to the joint standing committee of the Legislature having jurisdiction over 
utilities and energy matters. Following receipt of the final report, the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters may 
submit a bill related to the report to the Second Regular Session of the 125th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
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COMMITTEE AMENDMENT"!)" to H.P. 1218, L.D. 1717 
SUMMARY 
This amendment replaces the bill. The amendment does the following. 
I. It enacts the Property Assessed Clean Energy Act, or PACE Act, which authorizes 
the Efficiency Maine Trust and municipalities to establish property assessed clean energy 
programs, referred to as PACE programs, under which property owners may voluntarily 
finance energy savings improvements on qualifying property through a specific 
mortgage, called a PACE mortgage, and repay that mortgage through an assessment on 
the property, called a PACE assessment. The terms of the mortgage and assessment 
would be spelled out in an agreement, called a PACE agreement. 
2. It specifies that funding for the PACE programs may be provided from the federal 
Energy Efficiency and Conservation Block Grant Program or any other funds available to 
the trust for this purpose. 
3. 
It permits a municipality that has adopted a PACE ordinance to administer a 
PACE program, including, but not limited to, entering into PACE agreements with 
property owners and collecting PACE assessments. It also permits a municipality that has 
adopted a PACE ordinance to enter into a contract with the trust to administer some or all 
functions of the PACE program for the municipality and authorizes the trust to enter into 
contracts with municipalities for that purpose. 
4. It requires the trust to establish a comprehensive quality assurance system within 9 
months of establishing a PACE program and to develop model documents and 
educational materials for use by municipalities in the implementation of PACE programs. 
The amendment permits the trust to establish terms and conditions under which 
municipalities and property owners may participate in a PACE program. 
5. It requires any PACE agreement entered into pursuant to a PACE program to 
comply with underwriting requirements established by rule by the trust and to provide 
consumer disclosure that is consistent with the principles of truth in lending as specified 
by rule. In developing these rules, the trust is required to seek advice from the 
Department of Professional and Financial Regulation, Bureau of Consumer Credit 
Protection and consumer credit industry stakeholders and specifies certain minimum 
underwriting requirements that must be included. It also specifies that the privacy 
provisions of the federal Gramm-Leach-Bliley Act apply to all consumer financial 
information obtained by the trust or municipalities in implementing PACE programs. 
6. It specifies that a PACE assessment is not a tax but may be assessed and collected 
by the trust, a municipality or a designated agent. 
7. It requires that notice of a PACE agreement be filed in the appropriate registry of 
deeds and specifies that filing of this notice creates a PACE mortgage against the 
property. It also specifies minimum requirements for the notice. 
8. It specifies that the priority of a PACE mortgage is determined by the date of 
filing of the notice and that a PACE mortgage is not entitled to any special or senior 
priority. 
9. It requires the trust to create a reserve fund to protect the trust in the event of a 
judicial sale or foreclosure on property subject to a PACE mortgage. 
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COMMllTEE AMENDMENT "A "to H.P. 1218, L.D. 1717 
10. It requires the trust to report annually on the implementation of PACE programs 
and related provisions of law. 
II. It specifies that until the trust has sufficient staffing resources to undertake its 
responsibilities under the PACE Act, the Public Utilities Commission, at the request of 
the trust, shall provide assistance to the trust in administering the PACE Act within the 
limits of the commission's resources. 
12. 
It requires the trust to convene a stakeholder group to review and make 
recommendations regarding the implementation of PACE programs pursuant to the 
PACE Act and the development of and sources of funding for municipally funded PACE 
programs, including but not limited to municipal bonding and private capital markets. 
II 
The review must consider program features to ensure long-term energy savings, promote 
quality workmanship and otherwise contribute to achieving the state policy goal of 
weatherizing 100% of homes and 50% of businesses by 2030. It requires the trust to 
submit an interim report on the findings and recommendations of the stakeholder group to 
the joint standing committee of the Legislature having jurisdiction over utilities and 
energy matters no later March 1,2011 and a final report no later than January 30, 2012. 
FISCAL :\OTE I~EQLlREn 
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Approved: 03/17/10 frac:.. 
LD 1717 
LR 2459(02) 
An Act To Increase the Affordability of Clean Energy for Homeowners and Businesses 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
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This bill establishes a property assessed clean energy ("PACE") program to be administered by the Efficiency Maine 
Tmst (EMT) for municipalities that adopt an enabling ordinance and choose to participate in the program. Under 
PACE agreements with municipalities individual property owners can borrow to finance energy-saving improvements 
on qualifying property. PACE agreements are to be administered by the EMT, which is not to be a party to those 
agreements. All PACE agreements must comply with underwriting requirements establishedby the EMT. The EMT 
will collect PACE assessments if the municipality is not so engaged. The EMT will also prepare model ordinances, 
perform a quality assurance function in consultation with various industry stakeholders, prepare educational materials, 
make mles, establish and operate a Reserve Fund to protect against default on "PACE mortgages" and report annually 
on administration of the PACE program. 
Many of the above activities are made subject to the availability of funds, specifically funding from a pending federal 
grant or similar future grants and the EMT retains the discretion under this bill to use its administrative or program 
funds to cover the costs thereof. Owing to the substantial resources available to the EMT to commence its operations, 
no General Fund impact is anticipated at this time. 
Any additional costs to the Bureau of Consumer Credit Protection in the Department of Professional and Financial 
Regulation are expected to be minor and can be absorbed utilizing existing budgeted resources. 
LR24S9(02) - Fiscal Note - Page 1 of 1