liability corporation, corporation or nonprofit. The term does
not include multifamily housing or any residential property.]
"Qualifying commercial property." Any real property that is
an agricultural, commercial or industrial land or building,
owned by an individual, partnership, limited liability
corporation, corporation or nonprofit. The term does not include
any residential property except for commercial multifamily
rental property or mixed-use property that contains no fewer
than five residential units.
"Resiliency improvement." Any fixture, product, system,
equipment, device, material or interacting group thereof
intended to increase resiliency or improve the durability of
real property needed to withstand natural disasters, including,
but not limited to, flood mitigation, wind resistance, energy
storage and microgrids, as defined by a local government.
* * *
Section 3. Sections 4303(1)(ii), 4304 introductory paragraph
and (1) and 4305 of Title 12 are amended to read:
§ 4303. Establishment of a program.
The following apply:
(1) A municipality with a community or economic
development department or county may establish a property
assessed clean energy program by adopting an ordinance or
resolution that will establish the program, define the
district and provide other operational standards and
guidelines, which shall include, but not be limited to, the
following:
* * *
(ii) Develop criteria and procedures to determine
the eligibility of [real] qualifying commercial property
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