reglab/statecodes huggingface dataset:
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 3 - ELECTRIC EFFICIENCY AND CONSERVATION PROGRAMS › Section 648-3-3 - CONSERVATION PROGRAMS

Current through 2024-29, July 17, 2024
A.
Criteria
				for Conservation Programs
1. The Trust
				shall consider, without limitation, conservation programs that:
(a) Increase consumer awareness of
				cost-effective options for conserving energy;
(b) Create more favorable market conditions
				for the increased use of energy efficient products and services; and
(c) Promote sustainable economic development
				and reduced environmental damage.
(d) Reduce the price of electricity over time
				for all consumers by reducing or shifting demand for electricity or balancing
				load, including by the implementation of beneficial electrification and energy
				storage systems;
(e) Reduce total
				energy costs for electricity consumers in the State by increasing the
				efficiency with which electricity is consumed; and
(f) Are planned and implemented to advance
				the policy of beneficial electrification as described in the Beneficial
				Electrification Policy Act at title 35-A of Maine Revised Statutes, chapter
				38.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 3 - ELECTRIC EFFICIENCY AND CONSERVATION PROGRAMS › Section 648-3-4 - COST EFFECTIVENESS TESTS

Current through 2024-29, July 17, 2024
The following tests will be used to determine whether a
				  program administered pursuant to this Chapter is cost effective.
A.
Cost-effectiveness test
.
				Programs that are reasonably likely to satisfy the test described in this
				section are cost effective. The cost-effectiveness test is satisfied when the
				program benefits exceed the program costs. Costs and benefits shall be
				considered regardless of whether they are paid or experienced by the
				participant, the Conservation Program Fund, or any other individual, business,
				or government agency.
1.
Program
				benefits
. Program benefits will include the following:
a) Avoided electric generation costs
				including energy and capacity costs, using estimates of market prices and
				adjusting for line losses. These estimates may be differentiated by time
				periods that influence market prices, including but not limited to peak and
				off-peak periods and summer and winter periods;
b) Avoided transmission and distribution
				costs, using estimates of the marginal impact on transmission and distribution
				costs. These estimates may be differentiated by time periods that influence
				costs and shall account for generic system-level avoidable transmission and
				distribution costs;
c) Avoided
				fossil fuel costs, using estimated savings in oil, gas or other fossil fuel
				use, at estimated fossil fuel prices. For beneficial electrification measures,
				all net energy costs shall be accounted for, including savings from avoided
				heating, transportation or industrial process fuels displaced by the
				measure;
d) Other resource
				benefits, such as reduced water and sewer costs;
e) Non-resource benefits, including customer
				benefits such as reduced operation and maintenance costs, deferred replacement
				costs, productivity improvements, economic development benefits and
				environmental benefits, to the extent such benefits can be reasonably
				quantified and valued.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 3 - ELECTRIC EFFICIENCY AND CONSERVATION PROGRAMS › Section 648-3-6 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or upon its own motion, the Trust may waive any of the
				  requirements of this Chapter that are not required by statute. Where good cause
				  exists, the Trust or its designee may grant the requested waiver, provided that
				  the request has been made in writing and approved by the Board, and provided
				  further that granting of the waiver would not be inconsistent with the purposes
				  of Chapter 97 of Title 35-A.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 4 - Natural Gas Energy Conservation Programs (formerly Ch. 480) › Section 648-4-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to implement the requirements
				  of
				  35-A M.R.S.A.
				  §10111. Section 10111 requires the
				  Efficiency Maine Trust (the Trust) to implement gas conservation programs in
				  the territory of natural gas distribution utilities in Maine.
This Chapter describes how and for whom the Trust must
				  implement cost-effective gas conservation programs. The Chapter also defines
				  the standards by which the Trust will judge programs to be cost
				  effective.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 4 - Natural Gas Energy Conservation Programs (formerly Ch. 480) › Section 648-4-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A-1.
Board.
"Board" means the
				Board of Trustees of the Efficiency Maine Trust.
A.
Gas conservation programs
.
				"Gas conservation programs" means programs developed by the Trust pursuant to
				 35-A M.R.S.A.
				§10111 and this Chapter.
B.
Gas Distribution Utility.
"Gas distribution utility" means a gas utility as defined in
				35-A M.R.S.A.
				§102(8).
C.
Low-income residential
				consumer
. "Low-income residential consumer" means a customer of a gas
				utility receiving any special utility rates or programs designated for
				low-income customers or a household that is heated with natural gas from any
				utility and has qualified at any time in the prior 12 month period to receive
				assistance through any state or federal program in which low income and/or
				limited assets are criteria for eligibility.
C-1.
Maximum Achievable Cost-Effective
				Energy Conservation (MACE)."
Maximum Achievable Cost-Effective Energy
				Conservation" or "MACE" means all cost-effective, reliable, and achievable
				energy conservation savings for purposes of
				35-A M.R.S.A.
				§§10104(4) and
				10111.
				In this Chapter, the term MACE applies to a quantity of natural gas savings and
				a budget for Trust programs that is reasonably likely to achieve that
				savings.
D.
Measure
.
				"Measure" means a device, application, operation or any combination thereof
				that is installed or implemented as a result of a program and that improves
				energy efficiency.
E.
Participant
. "Participant" means a customer who directly takes
				part in a gas conservation program.
F.
Small business consumer
.
				"Small business consumer" means a commercial customer of a gas distribution
				utility that has an annual usage of 40,000 ccf or less.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 4 - Natural Gas Energy Conservation Programs (formerly Ch. 480) › Section 648-4-3 - GAS CONSERVATION PROGRAMS

Current through 2024-29, July 17, 2024
A.
Criteria
				for Conservation Programs
The Trust shall seek to encourage efficiency in natural gas
				  use, provide incentives for the development of new, energy-efficient business
				  activity in the State and take into account the costs and benefits of energy
				  efficiency and conservation to existing business activity in the State.
1.
Program Design.
The Trust
				shall design and implement conservation programs that:
(a) increase consumer awareness of
				cost-effective options for conserving energy;
(b) create more favorable market conditions
				for the increased use of efficient products and services; and
(c) promote sustainable economic development
				and reduced environmental damage.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 4 - Natural Gas Energy Conservation Programs (formerly Ch. 480) › Section 648-4-4 - COST-EFFECTIVENESS TESTS

Current through 2024-29, July 17, 2024
The following tests will be used to determine whether a
				  program is cost effective.
A.
Cost-Effectiveness Test
. Programs that are reasonably likely to
				satisfy the test described in this section are cost effective. The
				cost-effectiveness test is satisfied when the program benefits exceed the
				program costs. Costs and benefits shall be considered under this section
				regardless of whether they are paid or experienced by the program participant
				or by the Trust or any other individual, business, or government agency.
1.
Program benefits
. Program
				benefits will include the following:
(a)
				Avoided natural gas commodity costs. These estimates may be differentiated by
				time periods that influence market prices, including but not limited to peak
				and off-peak periods and summer and winter periods.
(b) Avoided natural gas transportation,
				distribution, and storage costs, using estimates of gas transportation marginal
				costs. These estimates may be differentiated by time periods that influence
				costs.
(c) Avoided electric costs
				including any energy, capacity, and transmission and distribution costs avoided
				as a result of program implementation.
(d) Other resource benefits, such as reduced
				water and sewer costs.
(e)
				Non-resource benefits, including customer benefits such as reduced operation
				and maintenance costs, deferred replacement costs, productivity improvements,
				economic development benefits and environmental benefits, to the extent such
				benefits can be reasonably quantified and valued.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 4 - Natural Gas Energy Conservation Programs (formerly Ch. 480) › Section 648-4-5 - FUNDING LEVEL

Current through 2024-29, July 17, 2024
The Trust shall undertake energy efficiency programs designed
				  to operate within an annual budget sufficient to capture Maximum Achievable
				  Cost-Effective Energy Conservation (MACE) pursuant to the Triennial Plan as
				  approved by the Board and the Commission.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 4 - Natural Gas Energy Conservation Programs (formerly Ch. 480) › Section 648-4-6 - COST RECOVERY

Current through 2024-29, July 17, 2024
The assessments charged by the Commission to gas utilities
				  pursuant to an approved Triennial Plan and this Chapter are just and reasonable
				  costs for rate-making purposes.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 4 - Natural Gas Energy Conservation Programs (formerly Ch. 480) › Section 648-4-7 - REPORTS

Current through 2024-29, July 17, 2024
A. The Trust shall report by December
				1st of each year to the Commission and the
				Legislature a description of actions taken and progress made in the
				implementation of programs in the twelve month period ending on the prior June
				30th. Reports shall include at a minimum:
1. a description of each program
				offered;
2. the program's projected
				cost effectiveness;
3. the
				program's calendar year annual expenditures;
4. the number of customers who
				participate;
5. the estimated
				annual energy savings; and,
6.
				expenses incurred in overall program administration.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 4 - Natural Gas Energy Conservation Programs (formerly Ch. 480) › Section 648-4-8 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or upon its own motion, the Trust may waive any of the
				  requirements of this Chapter that are not required by statute. Where good cause
				  exists, the Trust or its designee may grant the requested waiver, provided that
				  the request has been made in writing and approved by the Board, and provided
				  further that granting of the waiver would not be inconsistent with the purposes
				  of Chapter 97 of Title 35-A.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-1 - SCOPE

Current through 2024-29, July 17, 2024
This Chapter applies to all C-PACE Loans issued and C-PACE
				  Agreements entered into pursuant to a C-PACE Program established under the
				  Commercial Property Assessed Clean Energy Act (35-A M.R.S. §§
									10201,
et seq
.),
				  whether the C-PACE Program is administered by the Trust or its agent, or by a
				  municipality.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-3 - PROGRAM ADMINISTRATION

Current through 2024-29, July 17, 2024
In implementing and administering a C-PACE Program, Property
				  Owners, Capital Providers, Municipalities, and the Program Administrator shall
				  complete and comply with the following provisions.
1. C-PACE Program Administration.
a. The entity that administers a C-PACE
				Program is referred to in these rules as a Program Administrator.
b. A municipality that has adopted a C-PACE
				ordinance may:
(i) Enter into a contract with
				the Trust to serve as the Program Administrator and to administer the functions
				of the C-PACE Program for the Municipality, or
(ii) Serve as the Program Administrator
				itself, to administer the functions of a C-PACE Program, including, but not
				limited to, entering into C-PACE Agreements with commercial property owners in
				its jurisdiction and collecting C-PACE Assessments.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-4 - PROGRAM GUIDELINES

Current through 2024-29, July 17, 2024
This rule authorizes a C-PACE Program Administrator, and said
				  Program Administrator reserves the right, to prepare, adopt and amend a Program
				  Guidelines document to specify operational details of any C-PACE Program that
				  is administered by the said Program Administrator. Such Program Guidelines
				  document shall be made available to the public from the website of the Program
				  Administrator or its agent. For a C-PACE Program administered by the Trust, the
				  Program Guidelines shall be approved, and may be amended from time to time, by
				  the Director or the Director's designee.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-6 - UNDERWRITING STANDARDS

Current through 2024-29, July 17, 2024
1. Except as
				provided for a new construction project or a major renovation, the C-PACE Loan
				may cover up to 100% of an Energy Savings Improvement's costs, including the
				costs of any audits, development and application fees directly associated with
				the improvement, less any rebate or other financial incentive provided by the
				Trust to the Property Owner.
2. For
				a new construction project or a major renovation, the costs that may be
				borrowed through a C-PACE Loan are limited to:
a. If the building's primary space heating
				system will employ high-efficiency heat pumps, either the itemized costs of the
				heat pump system or a default cost assumption that is proportionate to the
				heating system's share of the full cost of the building's construction which
				shall be provided in the Program Guidelines;
b. In the case of improvements to the
				building envelope, the incremental costs of the envelope improvements compared
				to what it would have cost to meet the minimum energy requirements of the Maine
				Uniform Building and Energy Code for the building envelope; and,
c. For all other Energy Savings Improvements
				that are incremental to the minimum energy requirements of the Maine Uniform
				Building and Energy Code, 100% of costs of Energy Savings Improvements that are
				itemized and documented sufficiently to distinguish them from other costs of
				the construction project.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-7 - REGISTERED CAPITAL PROVIDERS

Current through 2024-29, July 17, 2024
1. Capital Provider
				Registration. If a Capital Provider wishes to participate in the C-PACE
				Program, it must submit a Capital Provider Application to the Program
				Administrator. The Program Administrator will approve Capital Providers that
				demonstrate to the satisfaction of the Program Administrator that the Capital
				Provider has the capacity and intention to:
a. Capitalize Qualifying Projects;
b. Perform the underwriting, origination, and
				loan servicing requirements of the Program; and
c. Comply with the regulations, procedures
				and Program Guidelines of the Program Administrator's C-PACE
				Program.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-8 - PREPARING AND APPROVING C-PACE LOAN APPLICATIONS

Current through 2024-29, July 17, 2024
1.
				Defining Project and Establishing Compliance with C-PACE Program Requirements.
a. An applicant for a C-PACE Loan must
				complete the application process and forms prescribed in the Program Guidelines
				to demonstrate compliance with the requirements of the C-PACE
				Program.
b. Eligibility for a
				C-PACE Loan is limited to a Qualifying Project sited at a Qualifying Property.
c. To be considered a "Qualifying
				Property" eligible for C-PACE financing, a property must be physically located
				in a C-PACE Municipality and demonstrate that it:
(i) Does not have a residential
				mortgage;
(ii) Consists of five or
				more rental units if the property is a commercial building designed for
				residential use;
(iii) Is not owned
				by a residential customer or small commercial customer as defined in 35-A
				M.R.S. §
											3106(1)(C) and (D),
				respectively; and,
(iv) Is not
				owned by a federal, state or municipal government or public
				school.
d. To be
				considered a "Qualifying Project" eligible for C-PACE financing, a C-PACE
				Project must:
(i) Comprise at least one
				Energy Savings Improvement where the type and quality of the improvement
				satisfies the minimum requirements of section
				5; and
(ii) Satisfy the underwriting standards in
				section 6.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-9 - PURCHASES, DISBURSEMENTS, AND PROPERTY RIGHTS

Current through 2024-29, July 17, 2024
1.
				Purchase of goods and services. A commercial property owner who has entered
				into a C-PACE Agreement may purchase directly all goods and services for the
				Energy Savings Improvements described in the C-PACE Agreement, subject to any
				applicable vendor certification required by the Trust and other requirements of
				the Trust. Goods and services purchased by a commercial property owner for the
				Energy Savings Improvements under a C-PACE Agreement are not subject to any
				public procurement ordinance or statute.
2. A Registered Capital Provider may disburse
				funds for an approved C-PACE Loan for new construction projects before project
				completion.
3. Rights. Commercial
				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 C-PACE Agreements.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-11 - QUALITY ASSURANCE SYSTEM

Current through 2024-29, July 17, 2024
1. Property Owners
				seeking financing through a C-PACE Loan must use a Registered Capital Provider
				as a source of capital for the loan. A Registered Capital Provider must be
				found by the Program Administrator to meet minimum criteria enumerated in
				Section 7 of this
				Chapter.
2. All projects seeking
				financing through a C-PACE Program must meet the minimum underwriting standards
				of this rule. These standards require that any Energy Savings Improvement that
				is the subject of a C-PACE Loan achieve an SIR of not less than 1.0. The
				assumptions and methods used to calculate the SIR, as well as the findings of
				the SIR analysis, must be reviewed and disclosed by a Technical Reviewer. The
				estimated useful life of the improvement(s) shall be indicated among these
				assumptions. The name, title, employer, and credentials of the Technical
				Reviewer also shall be recorded and disclosed to the Property Owner and the
				Registered Capital Provider.
3.
				Following completion of a C-PACE Project, the Registered Capital Provider or
				its agent, or such other party as the Program Administrator may authorize
				through the Program Guidelines, must confirm that the Energy Savings
				Improvements funded through the C-PACE Program were installed completely and
				are operating as intended.
4. The
				Program Administrator will keep a record of Energy Savings Improvements
				financed through a C-PACE Program. In cases where such improvements also
				receive a grant, discount or rebate from a program of the Trust other than the
				C-PACE Program, the Trust or its agents will inspect a sampling of completed
				Energy Savings Improvements. The sample size will range between five and 10
				percent of the rebated improvements within the relevant Trust program. The
				inspection will review whether the rebated improvements satisfied all relevant
				procedures and standards of the Trust program providing the rebate.
5. All quality assurance inspections shall be
				for the Program Administrator's benefit only. No Property Owner, Municipality,
				nor any other person, may rely on such inspection and such inspection shall not
				constitute a warranty of any kind by the Program Administrator or by any
				Municipality.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-12 - WAIVER

Current through 2024-29, July 17, 2024
Upon a determination of good cause, the Director or the
				  Director's designee may, subject to statutory limitations, waive any provision
				  of this rule. The waiver must be in writing and must be supported by
				  documentation of the pertinent facts and grounds.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM REGULATIONS › Section 648-5-13 - FISCAL IMPACT NOTE

Current through 2024-29, July 17, 2024
There is no cost to municipalities or counties for
				  implementing or complying with this rule.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 103 - RENEWABLE RESOURCE FUND REGULATIONS: SELECTION CRITERIA FOR DEMONSTRATION PROJECTS, COST-EFFECTIVENESS REQUIREMENTS FOR RENEWABLE ENERGY REBATES AND QUALITY ASSURANCE SYSTEM › Section 648-103-1 - SCOPE

Current through 2024-29, July 17, 2024
This Chapter applies to utilization of all Renewable Resource
				  Funds for research and development projects, community demonstration projects
				  using renewable energy technologies, and rebates for cost-effective renewable
				  energy technologies.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 103 - RENEWABLE RESOURCE FUND REGULATIONS: SELECTION CRITERIA FOR DEMONSTRATION PROJECTS, COST-EFFECTIVENESS REQUIREMENTS FOR RENEWABLE ENERGY REBATES AND QUALITY ASSURANCE SYSTEM › Section 648-103-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Board
. "Board" shall mean the
				Efficiency Maine Trust Board established under 35A M.R.S.A. § 10103 and 5
				M.R.S.A. §12004-G(10-c).
2.
Cost-Effective Renewable Energy Technologies
. "Cost-Effective
				Renewable Energy Technologies" means a Renewable Energy Installation where the
				Net Present Cost over the Estimated Useful Life of the installation is exceeded
				by the expected annual savings to the owner providing Simple Payback. For the
				purposes of evaluating the program, the cost of the incentives plus program
				delivery shall not exceed the Net Present Benefits.
3.
Director
. "Director" means
				the Executive Director of Efficiency Maine Trust, appointed pursuant to 35-A
				M.R.S.A. §10103.
4.
Energy Savings Improvement
. "Energy Savings Improvement" means an
				improvement to Qualifying Property that is new and permanently affixed to
				Qualifying Property and that:
A. Will result
				in increased energy efficiency and reduced energy use and:
(1) Meets or exceeds applicable United States
				Environmental Protection Agency and United States Department of Energy Star
				program or similar energy efficiency standards established or approved by the
				Trust;
or
(2)
				Involves weatherization, including but not limited to, an energy audit, air
				sealing, insulating, and other energy efficiency improvements and test out, for
				residential property in a manner approved by the Trust;
or
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 103 - RENEWABLE RESOURCE FUND REGULATIONS: SELECTION CRITERIA FOR DEMONSTRATION PROJECTS, COST-EFFECTIVENESS REQUIREMENTS FOR RENEWABLE ENERGY REBATES AND QUALITY ASSURANCE SYSTEM › Section 648-103-3 - SELECTION CRITERIA FOR COMPETITIVE BID PROCESSES

Current through 2024-29, July 17, 2024
1.
Selection criteria of renewable resource research and development
				projects
. The following are selection criteria for distribution of funds
				through competitive bid process to the University of Maine System, the Maine
				Maritime Academy or the Maine Community College System:
A. Renewable resource research and
				development project bids shall be selected on the basis of providing
				educational value and including means for recording and reporting on project
				results over the duration of the project to the Trust; and
B. Renewable resource research and
				development project bids shall be selected on the basis of including novel use
				of technology, demonstration, testing or application of renewable energy
				technology; and
C. Renewable
				resource research and development project bids shall be selected on the basis
				of capacity to demonstrate long-term feasibility of developed or utilized
				technology as a scalable and cost-effective means of generating, delivering or
				utilizing renewable energy.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 103 - RENEWABLE RESOURCE FUND REGULATIONS: SELECTION CRITERIA FOR DEMONSTRATION PROJECTS, COST-EFFECTIVENESS REQUIREMENTS FOR RENEWABLE ENERGY REBATES AND QUALITY ASSURANCE SYSTEM › Section 648-103-4 - QUALIFICATION CRITERIA FOR REBATES

Current through 2024-29, July 17, 2024
1.
Cost-Effectiveness
. The Trust will only provide rebates to
				Renewable Energy Installations where the Net Present Cost of the project is
				exceeded by the Net Present Benefit of avoided costs over the Estimated Useful
				Life of the equipment to the owner.
2.
Quality Assurance
. The Trust
				will only provide rebates for cost-effective renewable energy technologies that
				adhere to quality assurance requirements as follows:
A. Configuration and capacity of system is
				consistent with standards specified or selected by the Trust from time to
				time.
B. Installer provides owner
				and Trust an energy model using computer software approved by the Trust,
				demonstrating expected system output, size, configuration, and
				cost-effectiveness.
C. Owner agrees
				to random inspection of the renewable energy installation and operation by the
				Trust or its agent upon appropriate notification.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 103 - RENEWABLE RESOURCE FUND REGULATIONS: SELECTION CRITERIA FOR DEMONSTRATION PROJECTS, COST-EFFECTIVENESS REQUIREMENTS FOR RENEWABLE ENERGY REBATES AND QUALITY ASSURANCE SYSTEM › Section 648-103-5 - QUALITY ASSURANCE SYSTEM

Current through 2024-29, July 17, 2024
1. The Trust will
				institute and maintain requirements for Renewable Energy Installers.
2. The Trust will maintain a program to
				inspect construction and/or installation of Energy Savings Improvements under
				the Renewable Resource Fund by a Renewable Energy Installer to determine that
				the improvements were properly constructed and/or installed and are operating
				properly.
3. All quality assurance
				inspections and testing shall be for the Trust's benefit only. No Borrower,
				Municipality, nor any other person, may rely on such inspection or testing and
				such inspection or testing shall not constitute a warranty of any kind by the
				Trust or by any Municipality.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 110 - PACE PROGRAM REGULATIONS: LOAN UNDERWRITING STANDARDS, CONSUMER DISCLOSURE REQUIREMENTS, TERMS AND CONDITIONS OF PARTICIPATION AND QUALITY ASSURANCE SYSTEM › Section 648-110-1 - SCOPE

Current through 2024-29, July 17, 2024
This Chapter applies to all PACE Loans and PACE Agreements
				  entered into pursuant to a PACE Program, whether the PACE Program is
				  administered by the Trust or its agent, or by a municipality. The types of
				  property for which the PACE Program as administered by the Trust or its agent
				  may be available shall be determined by the Board from time to time. This rule
				  governs the administration of a PACE Program for Residential Property using
				  funds awarded to the State under the Federal Energy Efficiency and General
				  Conservation Block Grant Program.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 110 - PACE PROGRAM REGULATIONS: LOAN UNDERWRITING STANDARDS, CONSUMER DISCLOSURE REQUIREMENTS, TERMS AND CONDITIONS OF PARTICIPATION AND QUALITY ASSURANCE SYSTEM › Section 648-110-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Board.
"Board" shall mean
				the Efficiency Maine Trust Board established under 35-A M.R.S.A. § 10103
				and 5 M.R.S.A. § 12004-G(10-c).
2.
Borrower.
"Borrower" means
				all of the owners (except any mortgage holder) of any Qualifying Property who
				have applied and been approved for a PACE Loan.
3.
BPI.
"BPI" means Building
				Performance Institute, Inc.
4.
Debt to Income Ratio.
"Debt to Income Ratio" means the ratio of
				the Borrower's Monthly Gross Expenses to the Borrower's Monthly Gross Income,
				expressed as a percentage.
5.
Director.
"Director" means the Executive Director of Efficiency
				Maine Trust, appointed pursuant to 35-A M.R.S.A. §10103.
6.
Energy Audit.
"Energy Audit"
				means an analysis conducted by a Participating Energy Advisor, using such
				procedures and standards, including any software program for this purpose,
				approved by the Director, of energy loss in a Qualifying Property to determine
				the savings to investment ratio and Estimated Useful Life of proposed Energy
				Savings Improvements.
7.
Energy Savings Improvement
"Energy Savings Improvement" means an
				improvement to Qualifying Property that is new and permanently affixed to
				Qualifying Property and that:
A. Will result
				in increased energy efficiency and reduced energy use and:
(1) Meets or exceeds applicable United States
				Environmental Protection Agency and United States Department of Energy Star
				program or similar energy efficiency standards established or approved by the
				Trust; or
(2) Involves
				weatherization, including but not limited to, an energy audit, air sealing,
				insulating, and other energy efficiency improvements and test out, for
				residential property in a manner approved by the Trust; or
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 110 - PACE PROGRAM REGULATIONS: LOAN UNDERWRITING STANDARDS, CONSUMER DISCLOSURE REQUIREMENTS, TERMS AND CONDITIONS OF PARTICIPATION AND QUALITY ASSURANCE SYSTEM › Section 648-110-4 - CONSUMER DISCLOSURE REQUIREMENTS

Current through 2024-29, July 17, 2024
1.
Truth
				in Lending.
A PACE Agreement must provide consumer disclosure consistent
				with the principles of Truth in Lending. A disclosure in substantially the form
				of the "PACE Loan Disclosure Statement," prepared by the Bureau of Consumer
				Credit Protection and attached to this regulation as Appendix B, complies with
				this subsection. PACE Loans shall not be subject to the Maine Consumer Credit
				Code, Article 8, but shall be subject to 9-A MRSA §§9 -
				301(advertising); 9-304 (servicing requirements of assigned consumer credit
				transactions); 9-305 (interest to be held on funds held in escrow); 9-305-A
				(timely payments from escrow); 9-305-B (timely responses to requests for payoff
				figures); 9-306 (notice of assignment); 9-307 (receipts; statement of account;
				evidence of payment; 9-308 (right to prepay); 9-310 (privacy of consumer
				financial information); 9-311-A (real estate settlement procedures); and 9-314
				(prepayment penalty riders).
2.
Right of Rescission.
Notwithstanding any exemption from Article 8
				of the Maine Consumer Credit Code, PACE Mortgages shall be subject to the right
				of rescission as stated in 9-A MRSA § 8 - 204.
3.
Consumer privacy.
he
				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.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 110 - PACE PROGRAM REGULATIONS: LOAN UNDERWRITING STANDARDS, CONSUMER DISCLOSURE REQUIREMENTS, TERMS AND CONDITIONS OF PARTICIPATION AND QUALITY ASSURANCE SYSTEM › Section 648-110-6 - QUALITY ASSURANCE SYSTEM

Current through 2024-29, July 17, 2024
1.The Trust will
				institute and maintain requirements for Participating Energy Advisors' and
				Registered Vendors.
2.The Trust
				will maintain a program to inspect construction and/or installation of Energy
				Savings Improvements under a PACE Program by a Participating Energy Advisor to
				determine that the improvements were properly constructed and/or installed and
				are operating properly. The percentage of completed projects financed through
				PACE Loans shall meet or exceed the "best practices" percentage established by
				the U.S. Environmental Protection Agency's Home Performance Program.
3.If the construction and/or installation of
				Energy Savings Improvements under a PACE Program also is subject to any other
				Trust rebate or other financing program, it will be inspected and tested under
				the terms of that program as well.
4.All quality assurance inspections and
				testing shall be for the Trust's benefit only. No Borrower, Municipality, nor
				any other person, may rely on such inspection or testing and such inspection or
				testing shall not constitute a warranty of any kind by the Trust or by any
				Municipality.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 312 - VOLUNTARY RENEWABLE RESOURCES, RESEARCH AND DEVELOPMENT FUND › Section 648-312-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to implement the State's
				  policy to encourage the development of renewable resource technologies by
				  establishing a research and development fund to which electricity customers may
				  make voluntary contributions.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 312 - VOLUNTARY RENEWABLE RESOURCES, RESEARCH AND DEVELOPMENT FUND › Section 648-312-3 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Commission. "Commission" means the Maine
				Public Utilities Commission.
B.
				Customer. "Customer" means any person or entity receiving transmission and
				distribution service from a transmission and distribution utility.
C. Transmission and Distribution Utility.
				"Transmission and distribution utility" means a person, its lessees, trustees,
				receivers or trustees appointed by a court, owning, controlling, operating or
				managing a transmission and distribution plant for compensation within the
				State.
D. Renewable Resource.
				"Renewable resource" means an electric generation facility that uses a fuel or
				technology as specified in 35-A M.R.S.A. §3210(2)(C)(2).
E. Renewable Resource Research and
				Development Fund. "Renewable resource research and development fund" means the
				fund established pursuant to this Chapter to which retail consumers of
				electricity may make voluntary contributions to support renewable resource
				research and development and demonstration community projects using renewable
				energy technologies.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 312 - VOLUNTARY RENEWABLE RESOURCES, RESEARCH AND DEVELOPMENT FUND › Section 648-312-4 - TRANSMISSION AND DISTRIBUTION UTILITY OBLIGATIONS

Current through 2024-29, July 17, 2024
A.
				Customer Option. Each transmission and distribution utility shall provide its
				customers with the option to make voluntary contributions to the renewable
				resource research and development fund. Customers may exercise the option at
				any time through the check-off mechanism provided by this section, or by
				otherwise notifying the transmission and distribution utility.
B. Mechanism. The option to make voluntary
				contributions to the renewable resource research and development fund shall be
				provided through a mechanism that allows customers to choose to contribute
				$1.00, $5.00, $10.00, or "other" amount each month. Transmission and
				distribution utilities may provide the option to make contributions through any
				of the following mechanisms:
1. Customer
				Bills. A check-off option may be provided on transmission and distribution
				utility bills;
2. Response Cards. A
				check-off option may be provided on a response card separate from the customer
				bill that is mailed to customer, either with or separately from the bill, and
				can be mailed back to the transmission and distribution utility; or
3. Telephone. A customer may agree to make
				voluntary contributions through a telephone call to the transmission and
				distribution utility.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 312 - VOLUNTARY RENEWABLE RESOURCES, RESEARCH AND DEVELOPMENT FUND › Section 648-312-5 - ADMINISTRATION OF FUNDS

Current through 2024-29, July 17, 2024
A. State Planning
				Office. The State Planning Office shall administer the renewable resource
				research and development fund.
B.
				Distribution of Funds. The funds collected pursuant to this Chapter shall be
				distributed by the State Planning Office to one or more of the following:
1. University of Maine System, the Maine
				Maritime Academy, and the Maine Technical College System for renewable resource
				research and development.
2.
				Maine-based non-profit organizations that qualify under the federal Internal
				Revenue Code, Section 501(c)(3), consumer-owned electric cooperatives,
				community-based non-profit organizations and community action programs for
				demonstration community projects using renewable energy technologies.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 312 - VOLUNTARY RENEWABLE RESOURCES, RESEARCH AND DEVELOPMENT FUND › Section 648-312-6 - WAIVER

Current through 2024-29, July 17, 2024
Upon the request of any person subject to this Chapter or
				  upon its own motion, the Commission may, for good cause, waive any requirement
				  of this Chapter that is not required by statute. The waiver may not be
				  inconsistent with the purposes of this Chapter or Title 35-A. The Commission,
				  the Director of Technical Analysis, or the presiding officer assigned to a
				  proceeding related to this Chapter may grant the waiver.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 380 - ELECTRIC ENERGY CONSERVATION PROGRAMS › Section 648-380-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to implement portions of the
				  requirements of the State's electric energy conservation program. The Chapter
				  establishes the definition of low-income customer, the definition of small
				  business customer, and the definition of cost effectiveness.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 380 - ELECTRIC ENERGY CONSERVATION PROGRAMS › Section 648-380-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Administrative costs
.
				"Administrative costs" means costs of the Commission that are funded pursuant
				to and associated with the implementation of 35-A M.R.S.A. §3211-A,
				including, but not limited to, costs of program planning and evaluation, costs
				of securing necessary expertise, costs associated with contract formation and
				administration and costs of monitoring and enforcing contractual
				obligations.
B.
Administrative fund
. "Administration fund" means the conservation
				administration fund established by the Commission pursuant to 35-A M.R.S.A.
				§3211-A(6).
C.
Conservation programs
. "Conservation programs" means programs
				developed by the Commission pursuant to 35-A M.R.S.A. §3211-A and this
				Chapter designed to reduce inefficient electricity use.
D.
Low-income residential
				consumer
. "Low-income residential consumer" means a customer of a
				transmission and distribution utility living in a household that would qualify
				to receive assistance through the Low Income Home Energy Assistance Program
				(LIHEAP), as those qualifications are established in Rule by Maine State
				Housing Authority from time to time. If a customer has not applied for
				authorization to receive LIHEAP benefits but conforms to the criteria
				established by Maine State Housing Authority, he or she shall be considered a
				low-income consumer for the purpose of this Chapter.
E.
Measure
. "Measure" means a
				device or an application that is installed or implemented and that improves
				energy efficiency.
F.
Participant
. "Participant" means a customer who directly takes
				part in a Conservation Program.
G.
Program fund
. "Program fund" means the conservation program fund
				established by the Commission pursuant to 35-A M.R.S.A.
				§3211-A(5).
H.
Small
				business consumer
. "Small business consumer" means a business customer
				of a transmission and distribution utility that employs 50 or fewer full-time
				equivalent employees. Acompany with multiple locations shall be considered one
				company, and employees at all its locations shall be counted when determining
				whether the company is a small business. If the number of employees of a
				company varies over a calendar year, the number of employees at the time when
				the company participates in a program shall apply. When determining whether a
				customer is a "small business consumer," the Commission may consider the
				average number of employees that the business employs annually.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 380 - ELECTRIC ENERGY CONSERVATION PROGRAMS › Section 648-380-3 - CONSERVATION PROGRAMS

Current through 2024-29, July 17, 2024
A.
Criteria
				for Conservation Programs
1. The
				Commission shall consider, without limitation, conservation programs that:
(a) Increase consumer awareness of
				cost-effective options for conserving energy;
(b) Create more favorable market conditions
				for the increased use of efficient products and services; and
(c) Promote sustainable economic development
				and reduced environmental damage.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 380 - ELECTRIC ENERGY CONSERVATION PROGRAMS › Section 648-380-4 - COST EFFECTIVENESS TESTS

Current through 2024-29, July 17, 2024
The following tests will be used to determine whether a
				  program is cost effective.
A.
Modified Societal Test
. Programs that are reasonably likely to
				satisfy the Modified Societal Test are cost effective. The Modified Societal
				Test is satisfied when the program benefits exceed the program costs. Costs and
				benefits shall be considered in the Modified Societal Test regardless of
				whether they are paid or experienced by the participant, the Conservation
				Program Fund, or any other individual, business, or government agency.
1.
Program benefits
. Program
				benefits will include the following:
a Avoided
				electric generation costs including energy and capacity costs, using estimates
				of market prices and adjusting for line losses. These estimates may be
				differentiated by time periods that influence market prices, including but not
				limited to peak and off-peak periods and summer and winter periods;
b Avoided transmission and distribution
				costs, using estimates of transmission and distribution utility marginal
				transmission and distribution costs. These estimates may be differentiated by
				time periods that influence costs;
c Avoided fossil fuel costs, using estimated
				savings in oil, gas or other fossil fuel use, at estimated fossil fuel
				prices;
d Other resource benefits,
				such as reduced water and sewer costs;
e Non-resource benefits, including customer
				benefits such as reduced operation and maintenance costs, deferred replacement
				costs, productivity improvements, economic development benefits and
				environmental benefits, to the extent such benefits can be reasonably
				quantified and valued.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 380 - ELECTRIC ENERGY CONSERVATION PROGRAMS › Section 648-380-5 - FUNDING LEVEL

Current through 2024-29, July 17, 2024
The Commission shall assess transmission and distribution
				  utilities to collect funds necessary to pay for the Commission's portfolio of
				  conservation programs and administrative costs associated with implementing the
				  conservation programs.
A.
Assessment Amount
. The amount of all assessments for conservation
				programs and administrative costs must result in total conservation
				expenditures by each transmission and distribution utility that:
1. are based on the relevant characteristics
				of the transmission and distribution utility's service territory, including the
				needs of customers;
2. do not
				exceed 0.15 cents per kilowatt hour;
3. are no less than 0.5% of the total
				transmission and distribution revenue of the transmission and distribution
				utility; and
4. are proportionally
				equivalent to the total conservation expenditures of other transmission and
				distribution utilities, unless the Commission finds that a different amount is
				justified; however, any increase in the assessment of a transmission and
				distribution utility must be based on reasons other than to achieve
				proportional equivalence.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 380 - ELECTRIC ENERGY CONSERVATION PROGRAMS › Section 648-380-6 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or upon its own motion, the Commission may waive any of the
				  requirements of this Chapter that are not required by statute. Where good cause
				  exists, the Commission or its designee may grant the requested waiver, provided
				  that the granting of the waiver would not be inconsistent with the purposes of
				  this Chapter of Title 35-A.