This chapter shall be known and may be cited as "The City of
Westbrook's Commercial Property Assessed Clean Energy ("C-PACE")
Ordinance" (this chapter).
Except as specifically defined below, words and phrases used
in this chapter shall have their customary meanings. As used in this
chapter, the following words and phrases shall have the meanings indicated:
The City of Westbrook.
An agreement that authorizes the creation of a commercial
PACE assessment on qualifying property and that is approved in writing
by all owners of the qualifying property at the time of the agreement
and by the municipal officers of the City.
An assessment made against qualifying property to finance
an energy savings improvement.
The area within which the City establishes a commercial PACE
program hereunder, which is all that area within the City boundaries.
A lien, secured against a qualifying property that is created
by a commercial PACE assessment.
A loan, payable through a commercial PACE assessment and
secured by a C-PACE lien, made to the owner(s) of a qualifying property
pursuant to a commercial PACE program to fund energy savings improvements.
Commercial Property Assessed Clean Energy.
A program established under this chapter pursuant to the
Commercial PACE Act under which commercial property owners can finance
energy savings improvements on qualifying property.
An improvement or series of improvements to qualifying property
that are new and permanently affixed to qualifying property and that:
Will result in increased energy efficiency or substantially
reduced energy use and:
Meet or exceed applicable United States Environmental Protection
Agency and United States Department of Energy "Energy Star" program
or similar energy efficiency standards established or approved by
the Trust; or
Involve weatherization of commercial or industrial property
in a manner approved by the Trust; or
Involve a renewable energy installation, an energy storage system
as defined in 35-A M.R.S. § 3481(6), an electric thermal
storage system, electric vehicle supply equipment or heating equipment
that meets or exceeds standards established or approved by the Trust.
Heating equipment that is not a renewable energy installation must
be heating equipment that produces the lowest carbon emissions of
any heating equipment reasonably available to the property owner,
as determined by the Trust, and must meet the requirements of 35-A
M.R.S. § 10204(1)(B).
Real commercial property in the City that:
Does not have a residential mortgage;
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;
Consists of five or more rental units if the property is a commercial
building designed for residential use;
Is not owned by a federal, state or municipal government or
public school; and
Is located in a municipality that participates in a commercial
PACE program.
An approved lender proving financing for the energy savings
improvements through a C-PACE Program and registered with Efficiency
Maine Trust.
A fixture, product, system, device or interacting group of
devices installed behind the meter at a qualifying property, or on
contiguous property under common ownership, that produces energy or
heat from renewable sources, including but not limited to, photovoltaic
systems, solar thermal systems, highly efficient wood heating systems,
geothermal systems and wind systems that do not on average generate
more energy or heat than the peak demand of the property.
The Efficiency Maine Trust established in 35-A M.R.S. § 10103
and/or its agents, if any.
