H.P. 300 - L.D. 364
An Act to Encourage the Use of Motor Vehicles That Use Alternative Sources of Fuel for the Purpose of Reducing Air Pollution
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §963-A, sub-§§5-A to 5-C are enacted to read:
5-A. Clean fuel. "Clean fuel" means all products or energy sources used to propel motor vehicles, as defined in Title 29-A, section 101, other than conventional gasoline, diesel or reformulated gasoline, that, when compared to conventional gasoline, diesel or reformulated gasoline, results in lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide or particulates or any combination of these. "Clean fuel" includes, but is not limited to, compressed natural gas; liquefied natural gas; liquefied petroleum gas; hydrogen; hythane, which is a combination of compressed natural gas and hydrogen; dynamic flywheels; solar energy; alcohol fuels containing not less than 85% alcohol by volume; and electricity.
5-B. Clean fuel vehicle. "Clean fuel vehicle" means a vehicle that may be propelled by a clean fuel or a fuel-cell electric vehicle that uses any fuel.
5-C. Clean fuel vehicle project. "Clean fuel vehicle project" means the acquisition or lease of clean fuel vehicles, the acquisition of clean fuel vehicle delivery systems and other clean fuel vehicle components, the conversion of vehicle fuel systems to the use of clean fuels and the acquisition of capital equipment necessary to establish clean fuel vehicle support and maintenance facilities.
Sec. 2. 10 MRSA §963-A, sub-§10, ¶O, as amended by PL 1995, c. 289, §2, is further amended to read:
O. Any major business expansion project; or
Sec. 3. 10 MRSA §963-A, sub-§10, ¶P, as enacted by PL 1995, c. 289, §3, is amended to read:
P. Any workers' compensation residual market mechanism project.; and
Sec. 4. 10 MRSA §963-A, sub-§10, ¶Q is enacted to read:
Q. Any clean fuel vehicle project.
Sec. 5. 10 MRSA §1023-K is enacted to read:
§1023-K. Clean Fuel Vehicle Fund
1. Established. The Clean Fuel Vehicle Fund, referred to in this section as the "fund," is established under the jurisdiction of the authority.
2. Sources of money. The following money must be paid into the fund:
A. All money appropriated for inclusion in the fund;
B. Subject to any pledge, contract or other obligation, all interest, dividends or other pecuniary gains from investment of money from the fund;
C. Subject to any pledge, contract or other obligation, any money that the authority receives in repayment of advances from the fund;
D. Any sums designated for deposit into the fund from any source, public or private, including, but not limited to, grants, air pollution penalties and bond issues; and
E. Any other money available to the authority and directed by the authority to be paid into the fund.
3. Application of fund. The fund may be applied to carry out any power of the authority under or in connection with section 1026-P, including, but not limited to, the pledge or transfer and deposit of money in the fund as security for and the application of the fund to pay principal, interest and other amounts due on insured loans. The fund may be used for direct loans to finance all or part of any clean fuel vehicle project when the authority determines that:
A. The applicant demonstrates a reasonable likelihood that the applicant will be able to repay the loan;
B. The applicant demonstrates a reasonable likelihood that the applicant will not be able to obtain the funds necessary to undertake all or any part of the project from any other source, including a loan insured under section 1026-P;
C. The project is technologically feasible; and
D. The project will contribute to a reduction of or more efficient use of fossil fuels.
The authority shall adopt rules for determining eligibility, project feasibility, terms, conditions and security for loans under this section. Rules adopted pursuant to this section are routine technical rules under Title 5, chapter 375, subchapter II-A. Money in the fund not currently needed to meet the obligations of the authority as provided in this section may be invested in such a manner as permitted by law.
4. Accounts within fund. The authority may divide the fund into separate accounts as it determines necessary or convenient for carrying out this section, including, but not limited to, accounts reserved for direct loan funds.
5. Revolving fund. The fund is a nonlapsing, revolving fund. The fund must be continuously applied by the authority to carry out this section and section 1026-P.
Sec. 6. 10 MRSA §1026-P is enacted to read:
§1026-P. Mortgage insurance for clean fuel vehicle projects
1. Insurance. In addition to its other powers under this chapter, subject to the limitations of this subchapter except for the limitations in sections 1026-B to 1026-D, the authority may insure up to 100% of mortgage payments with respect to mortgage loans for clean fuel vehicle projects when the authority determines that:
A. The applicant demonstrates a reasonable likelihood that the applicant will be able to repay the loan;
B. The applicant demonstrates a reasonable likelihood that the applicant will not be able to obtain a loan for the project on reasonable terms without insurance pursuant to this section;
C. The project is technologically feasible; and
D. The project will contribute to a reduction of or more efficient use of fossil fuels.
2. Limitation on mortgage insurance. The authority may not at any time have, in the aggregate amount of principal and interest outstanding, mortgage insurance obligations pursuant to this section exceeding $5,000,000 less the outstanding balance of any bonds issued under section 1024, subsection 2, with respect to obligations incurred under this section.
3. Mortgage eligibility. The authority may adopt rules for determining eligibility, project feasibility, terms, conditions and security for insured mortgage loans under this section. Rules adopted pursuant to this section are routine technical rules under Title 5, chapter 375, subchapter II-A. The authority may accept less than adequate collateral when necessary.
Sec. 7. 24-A MRSA §2303-B is enacted to read:
§2303-B. Clean fuel vehicle incentive
An insurer may credit or refund any portion of the premium charges for an insurance policy for a clean fuel vehicle in order to encourage its policyholders to use clean fuel vehicles if insurance premiums on other vehicles are not increased to fund these credits or refunds.
For purposes of this section, "clean fuel vehicle" has the same meaning as set out in Title 10, section 963-A, subsection 5-B.
Sec. 8. 38 MRSA §585-F is enacted to read:
§585-F. Motor vehicle emissions labeling program
The board may adopt rules to implement a motor vehicle emissions labeling program for all new vehicles sold within the State in order to educate the public about the types and amounts of motor vehicle emissions. Rules adopted pursuant to this section are routine technical rules under Title 5, chapter 375, subchapter II-A.
Sec. 9. Clean fuel vehicle working group established. The Commissioner of Environmental Protection shall convene a working group of interested parties to recommend a motor vehicle emissions incentives and education program in the State that educates the public concerning motor vehicle emissions, that may provide a rebate for less polluting light-duty passenger cars and trucks and that may require payment of a fee for those vehicles that are more polluting in a manner that is revenue neutral. The working group shall report its recommendations to the Legislature by February 1, 1998.
Effective September 19, 1997, unless otherwise indicated.
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