Title 9. Miscellaneous Executive Agencies — Subtitle 20D. Regulated Sustainable Energy Contracts

meets the requirements of § 9–20D–04 of this subtitle; and

does not exceed $30,000.

ensure that financing is provided only to a project that carries out the purposes stated in a regulated sustainable energy contract;

establish eligibility criteria for qualified contractors, including a required minimum level of capitalization;

establish eligibility requirements for property owners that give due regard to the owner’s ability to pay in a manner substantially similar to the requirements for a mortgage loan under §§ 12–127, 12–311, 12–409.1, 12–925, and 12–1029 of the Commercial Law Article;

define and place limits on eligible residential renewable energy installations and eligible residential energy efficiency measures;

establish cost–effectiveness requirements for eligible residential renewable energy installations and eligible residential energy efficiency measures;

establish payback requirements, rate–of–return and interest rate guidelines, and limits for regulated sustainable energy contracts;

establish mechanisms for independent quality control and quality assurance;

market the Program to property owners and potential qualified contractors; and

provide a process for adopting brand names for the Program as well as elements of the Program.

financing is provided only to projects that carry out the terms and conditions of regulated sustainable energy contracts; and

the purposes of the Program are fulfilled.

ensure that the purposes of the Program are fulfilled; and

carry out the Administration’s duties under this subtitle.

enter into regulated sustainable energy contracts with individual residential property owners, groups of residential property owners, or the builder of a new residential structure;

directly bill, in accordance with the rate and payment schedules provided in the regulated sustainable energy contract, each property owner that:

enforce payment under a regulated sustainable energy contract in accordance with § 9–20D–08 of this subtitle.

limit the authorization of a qualified contractor to a particular territory or specified residential renewable energy installation; and

authorize more than one qualified contractor to operate in a particular territory or to offer specified residential renewable energy installation.

before developing and implementing a Program, shall perform a study to assess:

may develop and implement a test or pilot program; and

notwithstanding the provisions in this subtitle, shall ensure that any financing authorized under this subtitle shall comply with applicable provisions in Title 12, Subtitles 1, 3, 4, 6, 9, and 10 of the Commercial Law Article.

meet the requirements established by the Administration under subsection (d) of this section; and

require, for each property expected to be subject to the regulated sustainable energy contract, the qualified contractor to notify, by first–class certified mail, any party that holds a recorded mortgage or deed of trust on property of:

A party that holds a recorded mortgage or deed of trust on property that would be subject to a regulated sustainable energy contract has 30 days from receipt of the notice required under subsection (a)(2) of this section to object to the contract.

Any objection to the contract on the part of a party that holds a recorded mortgage or deed of trust on the property must be in writing and addressed to the owner of the property and the qualified contractor.

terms and conditions, including:

eligibility requirements for property owners that give due regard to the owner’s ability to pay in a manner substantially similar to the requirements for a mortgage loan under §§ 12–127, 12–311, 12–409.1, 12–925, and 12–1029 of the Commercial Law Article; and

mechanisms:

the 3 years immediately preceding the contract date; or

the length of time that the property owner has owned the property; and

Subject to § 9–20D–08 of this subtitle, a person who acquires property subject to a regulated sustainable energy contract, whether by purchase or other means, assumes the obligation to pay the qualified contractor in accordance with the rate and payment schedules in the regulated sustainable energy contract.

A person selling or transferring a property subject to a regulated sustainable energy contract shall provide written notice to the person acquiring the property that the person acquiring the property shall assume the obligation to pay the qualified contractor in accordance with the rate and payment schedules in the regulated sustainable energy contract.

Subject to subsection (c) of this section, a qualified contractor may collect payments under a regulated sustainable energy contract that are in arrears, including the principal, interest, late charges, costs of collection, and reasonable attorney’s fees, by the imposition of a lien on property that is subject to the contract in accordance with the Maryland Contract Lien Act, Title 14, Subtitle 2 of the Real Property Article.

A lien imposed under paragraph (1) of this subsection may not take priority over a lien, mortgage, deed of trust, or other security interest that is already attached to the property.

added to the total balance due on the contract; and

subject to periodic payment as provided in the contract.

If a party that holds a recorded mortgage or deed of trust on a property subject to a regulated sustainable energy contract acquires the property through foreclosure, the party may not be charged for any amount due on the regulated sustainable energy contract.

Payment on a regulated sustainable energy contract shall resume when the property subject to the regulated sustainable energy contract is sold or transferred to a person who is not related to the person who held the recorded mortgage or deed of trust when the property was foreclosed.