(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CLEAN ENERGY FINANCING AGREEMENT. An agreement between a property owner and a clean energy lender providing for the terms and conditions of a clean energy loan.
CLEAN ENERGY LENDER. A private lender providing a clean energy loan.
CLEAN ENERGY LOAN. Any loan made by a private lender to a property owner under the Clean Energy Loan Program.
CLEAN ENERGY LOAN PROGRAM ADMINISTRATOR. Any person or entity selected by the county to manage the Clean Energy Loan Program.
CLEAN ENERGY LOAN OBLIGATION. All indebtedness and obligations of a property owner to a clean energy lender under a Clean Energy Financing Agreement.
COMMERCIAL PROPERTY. Has the meaning stated in the Md. Code, Local Government Article, §§ 1-1101 et seq.
PROPERTY OWNER. An owner or owners of commercial property as defined in this subsection.
SURCHARGE. The repayment obligation of a clean energy loan, including principal, interest, any applicable fees and administrative costs, collected from a property owner through the county's property tax billing system in accordance with Chapter 33, § 33.77.
SURCHARGE LIEN. The lien automatically established upon the county's levy of the surcharge on the property tax bill.
(B) Program. There is a Clean Energy Loan Program ("the Program") to finance energy efficiency projects and renewable energy projects, as provided in the Md. Code, Local Government Article, §§ 1-1101, et seq.
(C) Rules and regulations. In coordination with the Clean Energy Loan Program Administrator, the Comptroller shall determine all policies for operation of the program.
(D) Scope. Commercial property owners are eligible to participate in the program for non- accelerating loans greater than $25,000 for a term of up to 20 years.
(E) Eligibility. In order to be eligible for a clean energy loan, the property owner shall:
(1) Have a 100% legal ownership interest in the title of the property located in Carroll County for which improvements are proposed.
(2) Obtain an energy audit approved under program guidelines demonstrating that the savings to be obtained from the improvements equal or exceed the repayment amount of the loan.
(3) Establish that the property owner is able to repay the loan based on criteria and methods set forth in the Md. Code, Commercial Law Article, §§ 12-127, 12-311, 12-409.1, 12-925, and 12-1029.
(4) Demonstrate that the most recent property tax bill has been paid for the property; and
(5) The property owner is not in bankruptcy.
(6) Provide a copy of written notice to all current holders of a mortgage or deed of trust and other current mechanic's lienholders who have a priority recorded lien on the property and written proof of consent to the clean energy loan as a priority lien by all holders of a mortgage or deed of trust and current mechanic's lienholders on the property.
(F) Qualifying improvements. The following improvements, either new or replacement, qualify as energy efficiency or renewable energy projects under the program:
(1) Solar energy equipment;
(2) Geothermal energy devices;
(3) Wind energy systems;
(4) Water conservation devices not required by law; and
(5) Any construction, renovation or retrofitting of commercial property to reduce energy consumption, including energy efficient heating and cooling systems.
(6) Any other improvement approved by the county or the Clean Energy Loan Program Administrator as qualifying as an energy efficiency project or renewable energy project.
(G) Qualifying costs. A clean energy loan may be used to pay for all costs incurred by a property owner in connection with the qualifying improvements, including the cost of the energy audit; feasibility studies and reports; project management, design, installation, and construction of the qualifying improvements; commissioning; energy savings or performance guaranty or insurance; building accreditation; closing costs of the clean energy loan; permitting fees; administrative fees; post-install Evaluation, Measurement & Verification; and, building accreditation.
(Ord. 2017-09, passed 10-19-2017)