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14.26.01.00.htm 14.26.01.00. Title 14 INDEPENDENT AGENCIES Subtitle 26 MARYLAND ENERGY ADMINISTRATION Chapter 01 Jane E. Lawton Conservation Program Authority: State Government Article, §9-20A-04 and 9-20A-09, Annotated Code of Maryland
14.26.01.01.htm 14.26.01.01. 01 Purpose.. This chapter describes the policies and procedures for making loans to and offering credit enhancements that benefit local governments, nonprofits, and eligible businesses from the Jane E. Lawton Conservation Loan Fund.
14.26.01.02.htm 14.26.01.02. 02 Scope.. To promote energy efficiency, reduce consumption of fossil fuels, and enhance energy-related economic development and stability in the commercial and industrial, nonprofit, and government sectors, the Jane E. Lawton Conservation Loan Program authorizes the Maryland Energy Administration to:A. Make low-interest loans to eligible nonprofit organizations, businesses, and local jurisdictions; andB. Enhance the credit of financings offered by eligible banks and other fin
14.26.01.03.htm 14.26.01.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means the Jane E. Lawton Conservation Loan Program set forth in State Government Article, Title 9, Subtitle 20A, Annotated Code of Maryland.2) "Administration" means the Maryland Energy Administration.. 3) “Borrower” means a local jurisdiction, nonprofit organization, or eligible business that applies and qualifies for a loan under the Program.4) "County" means any of
14.26.01.04.htm 14.26.01.04. 04 Eligibility and Requirements for Loans.. A. A loan under the Program may be made to:. 1) Eligible local jurisdictions;. 2) Eligible nonprofit organizations; and. 3) Eligible businesses.. B. A borrower for a loan under the Program shall:. 1) Have the legal capacity and all necessary legal authority to incur the obligations of a loan under the Program;2) Provide a complete application to the Administration before the expiration of any applicable deadlines;3) If the borrower is a b
14.26.01.05.htm 14.26.01.05. 05 Permissible Uses for Loan Funds.. A. A loan under the Program may be used to pay for:. 1) The costs of implementing projects, including the costs of all necessary:. a) Technical assessments;. b) Studies;. c) Surveys;. d Plans and specifications; and. e) Start-up, architectural, engineering, and other special services;. 2) The costs of procuring necessary technology, equipment, licenses, or materials; and. 3) The costs of construction, rehabilitation, or modification related to a
14.26.01.06.htm 14.26.01.06. 06 Minimum Borrower Obligations.. In addition to any other condition or requirement determined to be necessary by the Administration, a borrower shall:A. Make a contribution to the project that is of a type and amount acceptable to the Administration;. B. Document that the anticipated energy savings to the borrower over a defined period after the completion of the project are greater than the total cost of the project to the borrower in a manner that allows the Administrati
14.26.01.07.htm 14.26.01.07. 07 Terms and Conditions of Loan.. A. The borrower shall make a contribution to the project, acceptable to the Administration, which may take the form of:1) Cash;. 2) Payment of certain predevelopment costs such as preliminary architectural site plans, engineering design studies or feasibility studies, or technical assessments necessary to implement the project;3) Contribution of in-kind services acceptable to the Administration; or.
14.26.01.08.htm 14.26.01.08. 08 Evaluation Criteria.. The Administration may take the following factors into consideration in prioritizing loans for any fiscal year:A. Type of applicant with local governments, including schools, and nonprofits receiving special priority;B. Amount of projected electricity saved, fossil fuels displaced, or renewable energy generated;. C. The extent to which the loan would leverage other energy investment dollars, including funds from the applicant or other p
14.26.01.09.htm 14.26.01.09. 09 Application Process.. A. Application for a Loan.. 1) An application for a loan shall be:. a) Made upon standard forms required by and submitted to the Administration; and. b) Submitted only by an eligible borrower in accordance with a schedule developed and publicized by the Administration.2) If the borrower is a:. a) Local jurisdiction, the application shall be signed by the local jurisdiction's chief elected officer or, if none, by the governing body to the local jurisdiction;
14.26.01.10.htm 14.26.01.10. 10 Fees and Charges.. A. The Administration may charge an application and an administrative fee to cover the costs of making, servicing, or settling a loan.B. A borrower may withdraw an application at any time before an award of a loan by written notice to the Administration. The borrower may be required to bear any costs incurred by the Administration for items other than Administration processing, including a nonusage fee.C. The Administration may return the application a
14.26.01.11.htm 14.26.01.11. 11 Closing.. A. Time. The closing of an award of a loan shall be scheduled at a time acceptable to the Administration and the Office of the Attorney General.B. Place. The closing shall be at the Administration's offices unless otherwise agreed to by the Administration.
14.26.01.12.htm 14.26.01.12. 12 Program Administration.. A. The Director may delegate to any other official or employee of the Administration or the Program the authority to approve loans and credit enhancements under the Program, or to execute or approve any loan documents or other documents governing a loan or credit enhancement, including a commitment.B. The Administration may enter into contracts with third parties to make, service, or settle loans under the Program.C. The Administration sha
14.26.01.13.htm 14.26.01.13. 13 Books and Records.. A. Borrowers, recipients of credit enhancements, contractors, and subcontractors shall maintain books, accounts, and records, and shall file with the Administration financial and other reports, that the Administration may from time to time require.B. The books, accounts, and records referenced in §A of this regulation, as well as the administrative personnel, whether full-time or part-time, shall be available for inspection by representatives o
14.26.01.14.htm 14.26.01.14. 14 Nondiscrimination.. A. A borrower or recipient or beneficiary of a credit enhancement may not discriminate against an individual on the basis of race, color, religion, national origin, sex, marital status, physical or mental handicap, or age in any aspect of the program.B. A borrower or recipient or beneficiary of a credit enhancement shall comply with all applicable federal, State, and local laws and Administration policies and programs regarding discrimination and
14.26.01.15.htm 14.26.01.15. 15 Drug-Free and Alcohol-Free Policy.. As a condition of receipt of a loan from the Program, the Administration may require the borrower or recipient or beneficiary of a credit enhancement to adopt and administer a program to promote a drug-free and alcohol-free workplace in accordance with Executive Order 01.01.1989.18.
14.26.01.16.htm 14.26.01.16. 16 Waiver.. The Director may waive or vary provisions of this chapter to the extent that the waiver or variance is consistent with the Act as codified in State Government Article, §9-20A-01―9-20A-09, Annotated Code of Maryland.
14.26.01.17.htm 14.26.01.17. 17 False Statements or Report.. A. A person may not knowingly make or cause to be made any false statement or report in any document required to be furnished to the Administration by any agreement relating to a loan or credit enhancement.B. A person applying for a loan or credit enhancement under the Program may not knowingly make or cause to be made any false statement or report for the purpose of influencing the action of the Administration on an applicatio
14.26.01.18.htm 14.26.01.18. 18 Credit Enhancements.. A. Subject to the requirements of this regulation, the Administration may authorize a credit enhancement to carry out the purpose of the Program under State Government Article, §9-20A-03, Annotated Code of Maryland.B. The Administration may authorize a credit enhancement under the Program to a bank or other financial institution to facilitate financing of at least one project of an:1) Eligible local jurisdiction;. 2) Eligible nonprofit organization; or.
14.26.01.9999.htm 14.26.01.9999. Administrative History Effective date: May 24, 1993 (20:10 Md. R. 853). Promulgated as COMAR 14.22.01; recodified to COMAR 14.26.01) ―. Chapter, Community Energy Loan Program, repealed effective March 9, 2009 (36:5 Md. R. 424). Chapter, Jane E. Lawton Conservation Program, adopted effective March 9, 2009 (36:5 Md. R. 424). Regulation .01 amended as an emergency provision effective July 1, 2014 (41:15 Md. R. 888) emergency status expired effective August 29, 2014
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