An Act To. Increase the Affordability of Clean Energy for Homeowners and Businesses
Maine Legislature, Session 124, LD 1717
Committee: State and Local Government
Sponsors: CROCKETT, BLISS, BERRY, BUTTERFIELD, CONNOR, FLEMINGS, HINCK, WATSON, JACKSON
Amends: 30-A MRSA §3110

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No.t717 
H.P. 1218, 
House of Representatives, January 6,2010 
An Act To. Increase the Affordability of Clean Energy for 
Homeowners and Businesses 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
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Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative CROCKETT of Augusta. 
, Il/~ 
1?1.1lla£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator BLISS of Cumberland and 
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Representatives: BERRY of Bowdoinham, BUTTERFIELD of Bangor, CONNOR of 
Kennebunk, FLEMINGS of Bar Harbor, HINCK of Portland, MacDONALD of Boothbay, 
WATSON of Bath, Senator: JACKSON of Aroostook. 
Printed on recycled paper· 
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Emergency preamble. Whereas, acts and resolves oCthe Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; arid 
Whereas, funding offered for a limited time under the federal American Recovery 
and Reinvestment Act of 2009 may be leveraged to pr~vide clean energy improvements 
on certain properties; and 
Whereas, Maine has a short summer construction season 'for implementing clean 
energy improvements; and 
Whereas, there is a need to facilitate the implementation of clean energy 
improvements by allowing a municipality to establish a clean energy financing program 
under which financing for a clean energy improvement is secured by a municipal lien on 
the real estate; 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 30-A MRSA §3110 is enacted to read: 
§3110. Clean energy financing programs 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Clean energy improvement" means an improvement to a qualifying real property 
authorized by a municipality implementing a program established under subsection 2 
that creates energy efficiencies identified through the performance of an energy 
analysis or that generates energy using solar arrays and installations, geothermal 
installations or wind power installations. 
B. 
"Qualifying real property" means a single-family or multifamily residential 
dwelling or a commercial or industrial building that a municipality implementing a 
program established under subsection 2 has determined is eligible for the program. 
2. Establish program. NotWithstanding any other provision. of law, a municipality 
may establish on its own or through agreement with other municipalities; counties, 
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nonprofit organizations, private lenders or other entities a clean energy improvement 
financing program under which financing for a clean energy improvement located on a: 
qualifying real property is-secured, with the written agreement of all owners of record of 
the property, by a municipal lien on the property that takes precedence over all other 
claims on the property, exceptirig only claims for property taxes and liens for nonpayment 
of sewer or water utility services, and that is ·enforced by the municipality in the same. 
manner as is a municipal property tax lien. 
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3. ,Construction; home rule. Nothing in this section may be construed to limit the 
home rule authority of a municipality; 
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Emergency clause. 
In view of the emergency c.ited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows a municipality; on its own or through agreement with other 
municipalities, counties, nonprofit organizations, private lenders or other entities, to 
establish a clean energy 'improvement financing program under which financing for a 
clean energy improvement located on a qualifying real property is secured, with the 
written agreement of all owners of record of the property, by a municipal lien on the 
property that takes precedence over all other claims on the property, excepting only 
claims for property taxes and liens for nonpayment of sewer or water utility services, and 
that is enforced by the municipality in the same manner as is a municipal property tax 
lien. It defines "clean energy improveme\1t" as an energy efficiency improvement or 
energy generatjon system that relies' on solar arrays 'and installations, geothermal 
installations or wind power installations as authorized by the municipality.