reglab/statecodes huggingface dataset:
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 480 - NATURAL GAS CONSERVATION PROGRAM › Section 648-480-1 - 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.
				  §4711. Section 4711 requires all natural
				  gas utilities in the State that serve 5,000 or more residential consumers to
				  implement gas conservation programs.
This Chapter describes how and for whom natural gas utilities
				  must implement cost effective gas conservation programs. The Chapter also
				  defines the standards by which the Commission will judge programs to be cost
				  effective.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 480 - NATURAL GAS CONSERVATION PROGRAM › Section 648-480-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Gas conservation programs
.
				"Gas conservation programs" means programs developed by an affected gas
				distribution utility pursuant to 35-A M.R.S.A. §4711 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) that serves 5,000 or more residential
				consumers.
C.
Low-income
				residential consumer
. "Low-income residential consumer" means a customer
				of a gas 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 purposes of
				this Chapter.
D.
Measure
. "Measure" means a device or an application 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 480 - NATURAL GAS CONSERVATION PROGRAM › Section 648-480-3 - GAS CONSERVATION PROGRAMS

Current through 2024-29, July 17, 2024
A.
Criteria
				for Conservation Programs
Gas distribution utilities adopting and implementing gas
				  conservation programs 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.
Gas
				distribution utilities 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 480 - NATURAL GAS CONSERVATION PROGRAM › Section 648-480-4 - 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 program participant or by the
				natural gas distribution utility 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
				transportationmarginal 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 480 - NATURAL GAS CONSERVATION PROGRAM › Section 648-480-5 - FUNDING LEVEL

Current through 2024-29, July 17, 2024
Gas distribution utilities shall undertake energy efficiency
				  programs designed to operate within an annual budget upon full program
				  implementation that is no less than 3% of the utility's annual delivery
				  revenue. For purposes of this Chapter, delivery revenue means all revenue
				  received by the gas distribution utility from the application of its delivery
				  service base rates, which are exclusive of those revenues generated from the
				  application of the utility's Cost of Gas Factor and any other tariff surcharges
				  additional to the base rates.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 480 - NATURAL GAS CONSERVATION PROGRAM › Section 648-480-6 - COST RECOVERY

Current through 2024-29, July 17, 2024
To the extent prudently incurred, all costs incurred by a gas
				  distribution utility implementing gas conservation programs will be included in
				  rates. Gas conservation costs shall be reconciled for differences between
				  actual and estimated revenue and expenses annually in conjunction with the gas
				  distribution utility's summer cost of gas adjustment filings.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 480 - NATURAL GAS CONSERVATION PROGRAM › Section 648-480-7 - REPORTS

Current through 2024-29, July 17, 2024
A.Gas distribution utilities shall report by
				July 31st of each year to the Commission a
				description of actions taken and progress made in the implementation of
				programs in the twelve month period ending on the prior April
				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 480 - NATURAL GAS CONSERVATION PROGRAM › Section 648-480-8 - 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 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.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 930 - SOLAR AND WIND ENERGY REBATE PROGRAM › Section 648-930-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to implement the solar and
				  wind energy rebate program, including procedures and standards for qualifying
				  for solar and wind energy system rebates.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 930 - SOLAR AND WIND ENERGY REBATE PROGRAM › Section 648-930-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Qualified Solar Photovoltaic System
				Installer.
"Qualified Solar Photovoltaic System Installer" is a master
				electrician who is certified by the North American Board of Certified Energy
				Practitioners or is working in conjunction with a person who is certified by
				the North American Board of Certified Energy Practitioners.
B.
Qualified Solar Thermal Water System
				Installer.
"Qualified Solar Thermal Water System Installer" is a
				technician in good standing with the Commission who has successfully completed
				an approved solar thermal training course and carries a current license as a
				master plumber, master oil burner technician or propane and natural gas
				technician or is a class 2 or 3 nationally certified refrigeration
				technician.
C.
Qualified Wind
				Energy System Installer.
"Qualified Wind Energy System Installer" means,
				with respect to the electrical components of a qualified wind energy system, a
				Maine licensed master electrician or a person who has been certified by the
				dealer of the system proposed to be installed as a factory trained and approved
				installer who works under the supervision of a Maine licensed master
				electrician.
D.
Solar Energy
				System.
"Solar Energy System" means a solar photovoltaic system that has
				been installed by a Qualified Solar Photovoltaic System Installer or a solar
				thermal system that has been installed by a Qualified Solar Thermal Water
				System Installer.
E.
Solar
				Photovoltaic System
. "Solar Photovoltaic System" means a solar energy
				device with a peak generating capacity of 100 kilowatts or less used for
				generating electricity for use in a residence or place of business that has
				been installed by a Qualified Solar Photovoltaic System Installer
F.
Solar Thermal System.
"Solar
				Thermal System" means a configuration of solar collectors and a pump, heat
				exchanger and storage tank or fans designed to heat water or air for the
				purpose of space heating, domestic water heating or both space heating and
				domestic water heating. Solar thermal systems types include forced circulation,
				integral collector storage, thermosyphon and self-pumping systems that have
				been installed by a Qualified Solar Thermal System Installer.
G.
Total System Costs.
"Total
				System Costs" means the total installed costs of the proposed system,
				including, materials and labor.
H.
Total Adjusted System Costs.
"Total Adjusted System Costs" means
				the Total System Costs reduced by the amount of any state, local, or federal
				funding, including, but not limited to, rebates or tax incentives.
I.
Wind Energy System.
"Wind
				Energy System" means any device, such as a wind charger, windmill or wind
				turbine and associated facilities, that converts wind energy potential into
				electrical energy with a peak generating capacity of 100 kilowatts or less and
				that has been installed by a Qualified Wind Energy System Installer.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 930 - SOLAR AND WIND ENERGY REBATE PROGRAM › Section 648-930-3 - SOLAR AND WIND ENERGY SYSTEM REBATES

Current through 2024-29, July 17, 2024
A.
Eligibility
1.
Solar Energy
				Rebates.
To the extent that funds are available in the solar and wind
				energy system rebate program fund established pursuant to section 4 of this
				Chapter, owners and tenants of residential or commercial properties located
				within Maine who are Maine residents may apply on a first-come-first-served
				basis to be eligible for rebates for qualified solar energy systems installed
				on those properties. To qualify for a solar energy system rebate, an applicant
				must show that the system is connected to the electrical grid and installed
				after July 1, 2005 in accordance with 35-A M.R.S.A. §3211-C and this
				Chapter. For purposes of this section, a person may demonstrate the date a
				system was installed by the date of a net metering arrangement with a
				transmission and distribution utility or by the date on a bill of sale for the
				system.
2.
Wind Energy
				Rebates.
To the extent that funds are available in the solar and wind
				energy system rebate program fund established pursuant to section 4 of this
				Chapter, owners and tenants of residential or commercial properties located
				within Maine who are Maine residents may apply on a first-come-first-served
				basis to be eligible for rebates for wind energy systems installed on those
				properties. To qualify for a wind energy system rebate, an applicant must show
				that the system is connected to the electrical grid and installed after January
				1, 2009 in accordance with 35-A M.R.S.A. §3211-C and this Chapter and
				meets wind energy system site requirements under Section 6(B)(5). For purposes
				of this section, a person may demonstrate the date a system was installed by
				the date of a net metering arrangement with a transmission and distribution
				utility or by the date on a bill of sale for the system.
a.
Other Eligibility Requirements for a
				Wind Energy System Rebate.
In addition to meeting the requirements under
				Section 3(A)(2), that the following eligibility requirements apply:
1. The subject site for a proposed wind
				system (including specific longitudinal and latitudinal references) must be
				located in a geographic area with average wind speeds of Class II or greater as
				recognized by wind resource databases to be designated by the Commission staff;
				and,
2. The bottom of the blade of
				the turbine proposed at its lowest point of travel will be a minimum of thirty
				feet above any surrounding object within a 250 foot radius; and,
3. The subject site must be located in an
				area that is free of any zoning restrictions, construction requirements, home
				owner association rules or other laws, rules or provisions that may prohibit
				the erection of the subject tower and wind turbine and/or that the applicant
				has obtained such necessary permits and approval prior to filing the
				application.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 930 - SOLAR AND WIND ENERGY REBATE PROGRAM › Section 648-930-4 - FUNDING LEVEL; FUND

Current through 2024-29, July 17, 2024
A.
Assessment
The Commission shall assess transmission and distribution
				  utilities to collect funds for the solar and wind energy rebate program. The
				  assessment on transmission and distribution utilities shall not exceed .005
				  cents per kilowatt-hour and may differ among transmission and distribution
				  utilities. The Commission will not assess a transmission and distribution
				  utility under this section for amounts that would lower the conservation fund
				  assessment under 35-A M.R.S.A. §1311-A below its statutory floor. The
				  Commission may decline to assess a transmission and distribution utility if the
				  assessment amount would be de minimis or would otherwise be an administrative
				  burden. The Commission may lower the overall assessment if it determines a
				  lower amount of funding will be needed to provide rebates to qualified solar
				  and wind energy systems pursuant to this Chapter.
B.
Fund
The Commission shall establish a solar and wind energy rebate
				  program fund to be used for the purposes of the solar and wind energy rebate
				  program.
1. The Commission shall
				deposit all assessments collected pursuant to this Chapter into the solar and
				wind energy rebate program fund.
2.
				Interest earned on funds in the solar and wind energy rebate program fund shall
				be credited back to the solar and wind energy program fund.
3. Funds not spent in any fiscal year will
				remain in the solar and wind energy rebate program fund to be used for the
				solar and wind energy rebate program.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 930 - SOLAR AND WIND ENERGY REBATE PROGRAM › Section 648-930-7 - ENERGY AUDIT

Current through 2024-29, July 17, 2024
A.
Requirement
To qualify for a solar photovoltaic system rebate, an owner
				  or tenant of residential or commercial property located in the State must
				  demonstrate that an energy audit has been completed in compliance with this
				  subsection prior to receiving a rebate. For purposes of this section, an energy
				  audit is the completion of an on-site
walk through
audit and
				  delivery of written recommendations for improving electrical and thermal
				  efficiency of the property receiving the solar photovoltaic system. The owner
				  or tenant of the property is responsible for the costs of the energy
				  audit.
B.
Prior Audit
				Exemption
The owner or tenant of residential or commercial property is
				  exempt from the requirements of this section under the following
				  circumstances:
1. The property was
				previously audited on or after January 1, 2000, in a manner consistent with the
				provisions of this section and a copy of the audit report is submitted with the
				rebate application.
2. The property
				was previously certified as ENERGY STAR or Leadership in Energy and
				Environmental Design at any time.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 930 - SOLAR AND WIND ENERGY REBATE PROGRAM › Section 648-930-8 - REPORT

Current through 2024-29, July 17, 2024
The Commission shall report by December 1st of each year to
				  the joint standing committee of the Legislature having jurisdiction over
				  utilities and energy matters a description of actions taken pursuant to this
				  Chapter.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 930 - SOLAR AND WIND ENERGY REBATE PROGRAM › Section 648-930-9 - PROGRAM TERMINATION

Current through 2024-29, July 17, 2024
This Chapter is repealed on December 31, 2015, unless the
				  Legislature subsequently extends the solar and wind energy rebate program in
				  which case the program shall terminate upon the effective repeal date of the
				  authorizing statutes.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 930 - SOLAR AND WIND ENERGY REBATE PROGRAM › Section 648-930-10 - WAIVER OR EXEMPTION

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 and is not inconsistent with
				  the purposes of this Chapter. The Commission, the Director of Energy Programs,
				  or the presiding officer assigned to a proceeding related to this Chapter may
				  grant the waiver.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 659 - THE MAINE VACCINE BOARD › Chapter 248 - LIST OF VACCINES TO BE PROVIDED BY THE UNIVERSAL CHILDHOOD IMMUNIZATION PROGRAM › Section 659-248-I - Definitions

Current through 2024-29, July 17, 2024
A. "Advisory Committee" means the Advisory
				Committee on Immunization Practices (ACIP) of the U.S. Department of Health and
				Human Services, Centers for Disease Control and Prevention.
B. "Board" means the Maine Vaccine
				Board.
C. "Department" means the
				Maine Department of Health and Human Services.
D. "Program" means the Universal Childhood
				Immunization Program
E. "Program
				Year" means July 1st through June 30th of each year
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 659 - THE MAINE VACCINE BOARD › Chapter 248 - LIST OF VACCINES TO BE PROVIDED BY THE UNIVERSAL CHILDHOOD IMMUNIZATION PROGRAM › Section 659-248-II - Annual Uniform Vaccine List

Current through 2024-29, July 17, 2024
A. No later than
				January 1st of each year, the Board shall annually determine the list of
				childhood vaccines to be made available by the Program during the program year
				commencing the following July 1st.
B. In determining the list of vaccines, the
				Board shall consider the following:
1. the
				recommendations of the Advisory Committee relating to vaccines which are
				available to the Program under contract with the U.S. Department of Health and
				Human Services, Centers for Disease Control and Prevention;
2. the recommendations of the Department,
				based upon the Department's review of the Advisory Committee recommendations;
				and
3. clinical and cost-benefit
				analysis relating to potential vaccines to be included on the list of pediatric
				vaccines.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 659 - THE MAINE VACCINE BOARD › Chapter 248 - LIST OF VACCINES TO BE PROVIDED BY THE UNIVERSAL CHILDHOOD IMMUNIZATION PROGRAM › Section 659-248-III - Authorized List of Uniform Childhood Vaccines

Current through 2024-29, July 17, 2024
A.
2011 Base Year
. For the program year commencing on July 1, 2011,
				the following childhood vaccines shall be available under the Program:
1.
DTaP Vaccines (Diphtheria, Tetanus,
				acellular Pertussis)
a. Tripedia
				® (Sanofi Pasteur)
b. Daptacel
				® (Sanofi Pasteur)
c. Infanrix
				® (GSK)
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 659 - THE MAINE VACCINE BOARD › Chapter 248 - LIST OF VACCINES TO BE PROVIDED BY THE UNIVERSAL CHILDHOOD IMMUNIZATION PROGRAM › Section 659-248-IV - Interim Modifications to Uniform Vaccine List

Current through 2024-29, July 17, 2024
The Board shall periodically review new vaccines and vaccines
				  not on the authorized list and determine the feasibility of either adding or
				  removing vaccines to or from the authorized uniform list in accordance with the
				  criteria established in section
				  II(B).
In the event the Board determines that revision of the
				  authorized list of uniform vaccines is necessary to protect public health prior
				  to revision of the authorized list through rulemaking, it may revise the
				  authorized list on an interim basis, not to exceed 18 months, in accordance
				  with the procedure established by subsection
				  IV(C), provided that
				  any interim revisions be included in the next scheduled Board rulemaking
				  regarding uniform childhood vaccines.
The board may revise on an interim basis the authorized
				  uniform list of childhood vaccines after conducting a public hearing in
				  accordance with the requirements of 5°M.R.S.A. § 8052(2).
Any revision of the uniform childhood vaccine list is
				  contingent upon the availability of adequate funding through the assessment
				  mechanism established by
				  22 M.R.S.A.
				  §1066(5).
IV Determining the total vaccine cost for the program
				  § 1066(5)(A)(1)
A. The
				Department will estimate the total vaccine cost for the succeeding year based
				on age-cohort population estimates, the ACIP vaccination schedule, the list of
				vaccines determined by the board and projected immunization rates.
B. The Department will provide the Board with
				a projected vaccine cost for the succeeding year to be included in the
				assessment.
C. The Department will
				review vaccine usage projections and actual usage throughout the year to assure
				that the program remains within budget. The Department will provide quarterly
				reports to the board on vaccine usage and budget projections.
D. The Department will promptly notify the
				Board in the event of a vaccine shortage or other disruption of the vaccine
				supply that will affect the vaccine budget.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 659 - THE MAINE VACCINE BOARD › Chapter 248 - LIST OF VACCINES TO BE PROVIDED BY THE UNIVERSAL CHILDHOOD IMMUNIZATION PROGRAM › Section 659-248-V - Appeals

Current through 2024-29, July 17, 2024
A.
General Provisions
.A party
				aggrieved by a Board decision or action has recourse to administrative review
				in accordance with the provisions of the Maine Administrative Procedure Act, 5
				M.R.S.A. Chapter 375, Subchapter IV.
B.
Procedure for Securing
				Administrative Review
1. A person
				aggrieved by a Board decision or action may request administrative review by
				filing a written request for administrative review with the Maine Vaccine
				Board, c/o Maine Center for Disease Control and Prevention, Division of
				Infectious Disease Control, Department of Health and Human Services, 11 State
				House Station, Augusta, ME 04333-0011.
2. A written request for administrative
				review shall identify the decision or action under challenge, and the issue or
				issues which form the basis for review.
3. The written request for administrative
				review must be filed with the Board no later than thirty days after the Board
				decision or action which is the subject of the appeal.
4. Upon the timely filing of a request for
				administrative review, the Board shall determine whether or not the decision or
				action under challenge is appropriate for administrative review and notify the
				appellant in writing in timely fashion.
5. In the event the Board determines a
				request for administrative review is appropriate, it shall promptly schedule an
				administrative review hearing.
6.
				Any administrative hearing shall be conducted in accordance with the
				requirements of the Maine Administrative Procedure Act, 5 M.R.S.A. Chapter 375,
				Subchapter IV.
7. In the event a
				request for administrative review is granted, the Board shall designate an
				Administrative Hearing Officer, who shall provide appropriate notice of the
				hearing date, conduct the administrative review hearing, and issue a written
				decision upon the close of evidence, all in accordance with the relevant
				provisions of the Maine Administrative Procedure Act. The Maine Vaccine Board
				decision after administrative review shall be considered final agency action.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-2 - Income

Current through 2024-29, July 17, 2024
A.
Income Limits
. Unless
				otherwise permitted by MaineHousing, an Applicant will not qualify as an
				Eligible Borrower if the Applicant's income exceeds income limits established
				under § 143 of the
Internal Revenue Code
. MaineHousing
				may set lower income limits after consideration of availability of volume cap
				pursuant to § 146 of the
Internal Revenue Code
and market
				conditions, including without limitation, interest rates, availability of
				housing, and acquisition costs. Income limits may vary by geographic area and
				family size.
B.
Determination
				of Income
. Section 143 of the
Internal Revenue Code
governs the determination of an Applicant's income.
C.
Verification of Income
. An
				Applicant must provide evidence of income and employment as established by
				MaineHousing and required under § 143 of the
Internal Revenue
				Code
.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-3 - Acquisition Cost

Current through 2024-29, July 17, 2024
A.
Acquisition Cost Limits
. Unless otherwise permitted by
				MaineHousing, a residence will not qualify as an Eligible Residence if the
				acquisition cost of the residence exceeds acquisition cost limits established
				under § 143 of the
Internal Revenue Code
. MaineHousing
				may set lower acquisition cost limits for a particular phase of its Home
				Mortgage Program after consideration of availability of volume cap pursuant to
				§ 146 of the
Internal Revenue Code
and market conditions,
				including without limitation, interest rates, availability of housing, and
				acquisition costs. Acquisition cost limits may vary by geographic area and
				number of units in a residence.
B.
Determination of Acquisition Cost
. Section 143 of the
Internal Revenue Code
governs the determination of the
				acquisition cost.
C.
Included
				Costs
. Generally, the acquisition cost includes the following:
(1) all amounts paid in cash or in kind for
				the residence;
(2) the reasonable
				cost of completing the residence; and
(3) the capitalized value of any ground
				rent.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-4 - Eligible Residence

Current through 2024-29, July 17, 2024
A.
Included
				Residences
. The following may qualify as an Eligible Residence:
(1) A conventional single family
				residence.
(2) A unit in a
				condominium established in compliance with the
Unit Ownership
				Act
,
				33 M.R.S.A.
				§560,
et seq
. or the
Maine Condominium Act
33 M.R.S.A.
				§1601-101,
et
				seq.
(3) A single
				residential structure containing two, three or four dwelling units, one of
				which will be occupied by the Mortgagor and which was first occupied as a
				residence at least five years before the date of the Mortgage.
(4) Multiple detached units on a single
				continuous parcel of land provided:
(a) all
				units have been used as residences for more than five years; and
(b) the land on which the units are located
				cannot be subdivided; or if the land can be subdivided, the Mortgagor shall
				treat the units as one building and shall attach the units with a permanent
				connection financed with the Mortgagor's own funds.
(5) A tenant-shareholder's interest in a
				cooperative housing corporation.
(6) Mobile Home in compliance with Section
				13. A. of this rule.
(7) Qualified Rehabilitation.
(8) A New Home with a builder's warranty that
				the home is of good quality, free from faults or defects, and fit for use as a
				home; and the builder's agreement to promptly correct any defects discovered
				within one year of purchase.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-5 - Land

Current through 2024-29, July 17, 2024
A.
Basic Livability
. Land
				appurtenant to a residence is part of the Eligible Residence if the land
				reasonably maintains the basic livability of the residence and does not
				provide, other than incidentally, a source of income to the
				Mortgagor.
B.
Noncontinguous
				Lots
. Noncontiguous lots are not included as part of an Eligible
				Residence unless local zoning law requires the lot to remain with the
				residence.
C.
Maximum Lot
				Size
. Unless local zoning laws require a larger lot or the value of the
				land is less than 30% of the appraised value of the residence, the lot of an
				Eligible Residence may not exceed one acre for New Homes, Mobile Homes being
				permanently attached to a new site, and farms, and three acres for other
				homes.
D.
Payment for Excess
				Land
. A Mortgagor shall use sources other than the Mortgage Loan
				proceeds to pay for excess land. However, MaineHousing will accept an
				appraiser's determination that the excess land has $0 value.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-6 - Prior Ownership

Current through 2024-29, July 17, 2024
A.
Three Year
				Period
. Unless otherwise permitted by MaineHousing in accordance with
				§ 143 of the
Internal Revenue Code
, a Mortgagor may not
				have had a present ownership interest in a principal residence, other than the
				residence financed by the Mortgage Loan, at any time during the three-year
				period prior to closing of the Mortgage Loan.
B.
Included Interests
. The
				following are present ownership interests: a fee simple interest, joint
				tenancy, tenancy-in-common, tenancy by the entirety, the interest of a
				tenant-shareholder in a cooperative, a life estate, a bond-for-deed or
				installment sale contract, and an interest held in trust for an Applicant that
				would constitute a present ownership interest if held directly by the
				Applicant.
C.
Excluded
				Interests
. The following are not present ownership interests: a
				remainder interest, a lease with or without an option to purchase, a mere
				expectancy of inheriting an interest in a principal residence, and an interest
				in a purchase and sale contract.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-7 - New Mortgage

Current through 2024-29, July 17, 2024
A Mortgagor may not have an existing mortgage on the
				  residence securing the Mortgage Loan prior to closing of the Mortgage Loan
				  unless:
(i) the mortgage was for land
				alone, a construction loan, or a bridge loan or similar temporary initial
				financing; or
(ii) the Mortgage
				Loan is for Qualified Rehabilitation.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-8 - Targeted Areas

Current through 2024-29, July 17, 2024
MaineHousing shall make certain amounts of Mortgage Loan
				  money available within Targeted Areas as prescribed by § 143 of the
Internal Revenue Code
.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-9 - Recapture

Current through 2024-29, July 17, 2024
Some Mortgagors who sell their residences within nine years
				  of purchase must pay recapture with their federal income taxes in accordance
				  with § 143 of the
Internal Revenue Code
. The recapture
				  amount depends upon the number of years that the Mortgage Loan is outstanding,
				  family size, income and gain realized. The recapture will not exceed the lesser
				  of 50% of the gain realized by the Mortgagor or 6.25% of the Mortgage Loan. The
				  Lender shall inform each Mortgagor of potential recapture as required under
				  § 143 of the
Internal Revenue Code
.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-10 - Net Worth Limits

Current through 2024-29, July 17, 2024
MaineHousing may establish a net worth limit for Eligible
				  Borrowers including household members. If a net worth limit is established,
				  MaineHousing will determine how it will be calculated and what assets, if any,
				  are excluded from the calculation.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-11 - Underwriting Standards

Current through 2024-29, July 17, 2024
Lenders must approve or reject Mortgage Loan applications
				  according to prudent lending practices they use in making other residential
				  mortgage loans in the State of Maine, standard privatemortgage insurance
				  requirements, the Procedural Guide, the Mortgage Purchase Agreement, and the
				  requirements of any applicable federal mortgage insurance or guaranty
				  program.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-12 - Loan Document Requirements

Current through 2024-29, July 17, 2024
A.
Security
. The Mortgage Loan shall be evidenced by a promissory
				note and secured by a perfected first lien Mortgage on an Eligible
				Residence.
B.
Binding
				Obligations
. The Mortgage, note and any other instruments securing the
				Mortgage Loan shall create legal, valid, and binding obligations of the
				Mortgagor, enforceable in accordance with their terms, free from any right of
				set-off, counterclaim, or other claim or defense.
C.
Use of Funds
. Mortgage Loan
				funds shall be used only to finance the acquisition, acquisition plus
				improvement, or qualified rehabilitation of an Eligible Residence.
D.
Term
. The original term of
				the Mortgage Loan shall not exceed thirty years excluding any construction
				period.
E.
Amortization
. The Mortgage Loan documents shall provide for
				monthly payments, interest payable in arrears, and full repayment by maturity.
				Amortization shall commence within two months after closing. Monthly
				amortization payments shall be due on the first day of each month, and the
				final payment date shall be shown on the loan documents.
F.
Late Fee
. The Mortgage shall
				provide for a late charge in an amount not to exceed 5% on payments fifteen
				days or more past due.
G.
Escrow
. The Mortgage shall provide for the monthly collection of
				escrow payments for real estate taxes, any mortgage insurance premiums, and
				hazard insurance premiums in addition to the monthly amortization
				payments.
H.
Good
				Repair
. The Mortgage shall require the Mortgagor to keep the residence
				in good repair and condition, to keep the residence free from liens and
				encumbrances, and to maintain hazard insurance.
I.
Lender's Compliance with
				Laws
. Lenders shall make the Mortgage Loans in compliance with all
				applicable federal and state laws, rules and regulations, including without
				limitation truth-in-lending laws, fair credit reporting laws, and equal
				opportunity laws.
J.
Mortgagor's Compliance with Rule
. The Mortgage shall contain
				covenants and representations assuring the Mortgagor's compliance with this
				rule.
K.
Due-On-Sale
.
				The Mortgage shall contain a due-on-sale clause.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-13 - Mobile Homes

Current through 2024-29, July 17, 2024
Mortgage Loans for Mobile Homes must be secured by a
				  perfected lien on real property consisting of the Mobile Home and the land and
				  meet the following requirements:
A.
Permanent Attachment
. The Mobile Home must have its wheels, axles
				and hitch removed; be anchored to land according to the manufacturer's
				specifications; and be permanently connected to utilities.
B.
Permanent Skirt
. The Mobile
				Home must have a compatible permanent exterior cover from the bottom of the
				unit to the ground.
C.
Compliance of Mobile Home Park
. If the Mobile Home is located in a
				mobile home park, the mobile home park must be in compliance with applicable
				laws; and an Eligible Borrower shall provide the mobile home park manager with
				a notice of lien, in form acceptable to MaineHousing, informing the mobile home
				park of MaineHousing's lien interest in the Eligible Residence.
D.
Leased Land
. If the Mobile
				Home is located on leased land, the lease must meet requirements established by
				MaineHousing such as a minimum term, termination for cause, and
				assignability.
E.
Additional
				Documents
. A loan for a Mobile Home requires a mortgage, a security
				agreement, and a supplemental appraisal. If the Mobile Home is single wide with
				a manufacturing date prior to September 30, 2007 or double wide, a UCC-1
				financing Statement is required. If the Mobile Home is single wide with a
				manufacturing date on or after October 1, 2007, a Certificate of Title from the
				Bureau of Motor Vehicles is required.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-14 - Insurance

Current through 2024-29, July 17, 2024
Mortgage Loans generally require the following
				  insurance:
A.
Mortgage
				Insurance
. Private mortgage insurance acceptable to MaineHousing or
				federal mortgage insurance or a federal guaranty of repayment, if the loan to
				value ratio exceeds an amount set by MaineHousing in accordance with prudent
				lending standards, with any resulting private mortgage insurance being subject
				to the provisions contained in the
Homeowners Protection Act of
				1998
.
B.
Title
				Insurance
. Lender's title insurance ensuring MaineHousing has a good and
				valid first lien Mortgage on the Eligible Residence subject only to:
(1) standard exceptions permitted by national
				mortgage market lenders; and
(2)
				other minor impediments to title if the Lender warrants the impediments do not
				materially affect marketability and the Lender indemnifies MaineHousing against
				cost and damages arising from the impediment.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-15 - Mortgage Loan Portfolio Diversification

Current through 2024-29, July 17, 2024
MaineHousing reserves the right to restrict the aggregate
				  principal balance of Mortgage Loans (1) insured by one mortgage insurer; (2)
				  insured by a type of mortgage insurer; (3) originated pursuant to a particular
				  MaineHousing program; or (4) secured by certain types of residences such as
				  condominiums, 2 to 4 unit structures, Mobile Homes, and new construction in a
				  particular bond issue or in MaineHousing's entire portfolio consistent with
				  § 143 of the
Internal Revenue Code
and portfolio
				  diversification needs.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-17 - Lenders

Current through 2024-29, July 17, 2024
A.
Distribution of Mortgage
				Money
. MaineHousing may make Mortgage Loan money available to Eligible
				Borrowers through Lenders. MaineHousing will notify Lenders when Mortgage Loan
				money is available.
B.
Participation of Lenders
. To participate as a Lender, a financial
				institution must be authorized to do business in Maine and be in compliance
				with all applicable laws. The financial institution must submit an application
				including its financial statements, its current underwriting practices and
				guidelines for residential mortgage loans, staff experience and training,
				fidelity bond and errors and omissions insurance coverage, and proof that an
				adequate system of quality control exists for originating residential mortgage
				loans.
C.
Eligibility
				Determination
. A Lender shall review each application for a Mortgage
				Loan and take reasonable steps to verify the information provided in the
				application.
D.
Loan
				Registration
. A Lender shall register each loan application submitted by
				an Applicant in accordance with the loan registration requirements contained in
				the Procedural Guide.
E.
Duty
				to Repurchase
. A Lender shall repurchase any Mortgage Loan sold to
				MaineHousing if:
(1) MaineHousing determines
				that any representation was untrue when made, a misstatement of a material fact
				exists in any of the documents delivered in connection with the Mortgage Loan,
				or any warranty or term required of the Lender has been breached;
(2) the mortgage insurer or guarantor fails
				to deliver a certificate of insurance or a guaranty certificate for the
				Mortgage Loan, if applicable; or
(3) the Lender fails to deliver any documents
				required by the Procedural Guide or required by MaineHousing as a condition of
				purchase, all in form and substance satisfactory to MaineHousing within the
				period provided in the Procedural Guide; or
(4) the Mortgage Loan does not conform to the
				requirements of this rule, the Mortgage Purchase Agreement, or the Procedural
				Guide.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-18 - Loan Servicing

Current through 2024-29, July 17, 2024
A.
Qualified
				Servicers
. Only a financial institution designated as a Qualified
				Servicer may service the Mortgage Loans. A Lender that is not designated a
				Qualified Servicer and has not previously designated another Qualified Servicer
				to service its Mortgage Loans shall release its servicing rights to
				MaineHousing for a release fee established by MaineHousing.
B.
Servicing Agreement
. A
				Qualified Servicer shall enter into a Servicing Agreement with
				MaineHousing.
C.
Responsibilities
. A Qualified Servicer collects all payments from
				the Mortgagor, remits principal and interest payments to MaineHousing, and
				renders an accounting to MaineHousing of all sums collected and disbursed. A
				Qualified Servicer shall service Mortgage Loans in accordance with prudent
				servicing practices, the Servicing Agreement, and the Procedural
				Guide.
D.
Fee
. A
				Qualified Servicer receives a monthly servicing fee from MaineHousing.
E.
Default
. A
				Qualified Servicer shall give notice of default on a Mortgage Loan to
				MaineHousing and shall foreclose or take other actions necessary to protect
				MaineHousing's interest in accordance with MaineHousing's
				instructions.
F.
Indemnification
. A Qualified Servicer shall purchase any Mortgage
				Loan serviced by it or otherwise indemnify MaineHousingas outlined in the
				Servicing Agreement if:
(1) its negligence
				causes the mortgage insurance to lapse;
(2) its misfeasance, nonfeasance, or
				malfeasance with respect to servicing of the Mortgage Loan causes or threatens
				MaineHousing with material loss;
(3) it waives the repayment of the Mortgage
				Loan upon the sale of the Eligible Residence or approves the assumption of the
				Mortgage Loan without MaineHousing's prior written consent; or
(4) any attempted foreclosure proceeding is
				prevented, delayed, or judicially determined to be improper by virtue of a
				defect in the documents assigned to MaineHousing.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-19 - Sources Other Than Bond Proceeds

Current through 2024-29, July 17, 2024
MaineHousing may appropriate funds from sources other than
				  Bond proceeds to facilitate the Bond sales or reduce interest rates, principal
				  amounts, or closing costs on all or some Mortgage Loans. MaineHousing may defer
				  repayment of loans from such other sources to the sale or refinance of the
				  Eligible Residence, the maturity of the Mortgage Loan, or any other time.
				  MaineHousing will determine the interest rate, if any, charged on such
				  loans.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 1 - HOME MORTGAGE PROGRAM RULE › Section 346-1-20 - Rule Limitations

Current through 2024-29, July 17, 2024
A.
Other
				Laws
. If this rule conflicts with any provision of federal or state law,
				such federal or state law shall control.
B.
Pool of Eligible Borrowers
.
				This rule establishes a pool of Eligible Borrowers and does not confer any
				rights to Mortgage Loan money on such persons. MaineHousing may provide further
				or more detailed guidance on eligibility criteria and administrative procedures
				in other publications such as the Procedural Guide.
C.
Additional Requirements
. This
				rule does not preclude additional or alternative requirements to implement
				§ 143 of the
Internal Revenue Code
, the Act, or this
				rule, or to facilitate the Bond sales.
D.
Waivers
. Upon determination
				of good cause, the Director of MaineHousing or the Director's designee may,
				subject to statutory limitations, waive any provision of this rule. Each waiver
				shall be in writing and shall be supported by documentation of the pertinent
				facts and grounds.
BASIS STATEMENT: This replacement rule repeals and replaces
				  in its entirety the current Home Mortgage Program Rule. The replacement rule
				  does the following:
(i) MSHA
				references are changed to MaineHousing;
(ii) the new mortgage requirement is
				clarified to state that a homebuyer may not
currently
have a
				mortgage on the residence;
(iii)
				mobile home security requirements are updated to comply with current
				law;
(iv) the requirement for
				fidelity insurance on condominiums is changed from condominiums with greater
				than 30 units to condominiums with greater than 20 units;
(v) language allowing MaineHousing to limit
				mortgage insurers by type of mortgage insurer is added;
(vi) the section on application requirements
				for lenders to participate in our single family requirements is
				expanded;
(vii) the Servicing
				Agreement is referenced in the section requiring indemnification from a
				Qualified Servicer.