An Act to Strengthen the Energy Resources Council LR 1687(02)
Maine Legislature, Session 121, LD 0669
Committee Amendment CA_A_S200 (Senate)
Amends: 5 MRSA §3327

COMMITTEE AMENDMENT "A" to S.P. 233, L.D. 669, Bill, 
Act To Strengthen the Energy Resources Council" 
"An 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
. Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjourrunent unless enacted 
as emergencies; and 
Whereas, in order to provide adequate time for a study of 
vital energy-related matters prior to the beginning of the next 
legislative session, this Act must take effect immediately; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety: now, therefore,' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
. Sec. 1. 5 MRSA §3327, sub-§3, as enacted by PL 2001, c. 630, 
§l, is amended to read: 
Page l-LR1687(2) 
COMM/rrEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 233, L.D. 669 
3. 
Quarterly meetinqs; staff; fundinq. 
The council shall 
meet at least quarterly. 
The 
council shall prepare 
a 
work 
program for each year establishing priorities among its efforts. 
The State Planning Office, within the Executive Department, shall 
provide staff support. 
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A. 
A state agency applying for funds under the State Energy 
Program of the United States Department of Energy pursuant 
to 
Code of Federal Regulations, 
Part 
shall, 
as 
directed by the council, apply for funds to support the work 
of the council and its staff. 
B. 
To the extent funds available pursuant to paragraph A 
are 
insufficient 
to 
fund 
fully staff 
support 
for 
the 
council. each member of the council shall enter into an 
agreement with the State Planning Office to share in the 
cost of providing the staff support. 
C. 
The 
council 
may 
seek, 
and 
the 
Public 
Utilities 
Commission may provide, 
funds to the council pursuant to 
Title 35-A, section 32ll-A, subsection 5-A. 
Sec. 2. 3S-A MRSA §3211-A, sub-§l, ,C, as enacted by PL 2001. 
c. 624, §4, is amended to read: 
C. 
"Available funds" means funds available in the program 
fund but does not include any funds provided to the Energy 
Resources Council pursuant to subsection 5-A. 
Sec. 3 •. 3S-A MRS A §3211-A, sub-§S-A is enacted to read: 
A. 
SQ2POrt for Energy Resources COuncil. 
Notwithstanding 
any other provision of this section: 
A. 
The Energy Resources Council established under Title 5, 
section 3327 may apply to the commission for funding from 
the program fund to support projects and activities of the 
council related to energy conservation; and 
B. 
The commission may provide up to $200,000 in any fiscal 
year to the Energy Resources Council established under Title 
5, section 3327 
from the program fund if the funds are 
needed for particular projects or activities directed by the 
Legislature 
to 
be 
undertaken 
by 
the 
council, 
or 
the 
commission finds the projects or activities are generally 
consistent with the overall purposes of this section. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " to S.P. 233, L.D. 669 
Sec. 4. Energy review and report. 
In addition to its other 
responsibilities, the Energy Resources Council established under 
the Maine Revised Statutes, Title 5, section 3327 shall undertake 
a review of state energy-related policy and its implementation 
and 
prepare 
and 
submit 
a 
report 
of 
its 
findings 
and 
recommendations to the Joint Standing Committee on Utilities and 
Energy no later than January 31, 2004. 
The council shall review 
and identify in its report any demand and supply forecasts for 
electricity that have been compiled by regional entities such as 
the New England Power Pool or the independent system operator for 
New England, with particular reference to forecasts specific to 
this State. 
In developing its findings and recommendations, the 
council 
shall identify the 
links 
between energy policy 
and 
environmental, 
transportation and economic development policy. 
The council also shall identify opportunities for improving the 
effectiveness of state policy implementation. 
The council shall 
focus its review on policies related to energy efficiency and 
renewable energy. 
The Speaker of the House shall appoint 2 members of the 
House of Representatives, one from the majority political party 
and one from a minority political party, who serve on the Joint 
Standing Committee on Utilities and Energy to participate in the 
council's deliberations under this section. 
The President of the 
Senate shall appoint 
members of the Senate, 
one 
from the 
majority political party and one from a minority political party, 
who serve on the Joint Standing Committee on Utilities and Energy 
to 
participate 
in 
the 
council's 
deliberations 
under 
this 
section. 
All appointments must be made no later than 30 days 
following 
the 
effective 
date 
of 
this 
Act. 
The 
appointing 
authorities 
shall 
notify 
the 
Executive 
Director 
of 
the 
Legislative 
Council 
once 
appointments 
have 
been 
completed. 
Legislators so appointed are members of the council for the 
purpose 
of 
allowing 
their 
full 
participation 
in 
its 
deliberations, including voting on findings and recommendations, 
conducted pursuant to this section. 
Legislators are not members 
of the council for any other purposes and are not entitled to 
participate in any other matters of the council. 
Legislators so 
appointed are entitled to receive the legislative per diem and 
reimbursement for travel and other necessary expenses related to 
their attendance at meetings of the commission. 
The council shall hold at least one public hearing outside 
of Augusta on its draft findings and recommendations prior to 
preparing its final draft. 
As it finds appropriate, the council 
shall invite additional comments from legislative committees of 
jurisdiction, stakeholders and the public. 
The council shall request assistance from the Legislative 
Council in the preparation of any recommended legislation. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A .. to S.P. 233, L.D. 669 
In response to the report of the council, the Joint Standing 
Committee on Utilities and Energy may report out legislation to 
the Second Regular Session of the l2lst Legislature concerning 
energy policy. 
Sec. 5. Transfer of funds. 
Notwithstanding the Maine Revised 
Statutes, Title 35-A, section 32ll-A, the State Controller shall 
transfer 
$2,920 
from 
the 
Public 
Utilities 
Commission's 
conservation program fund under the Maine Revised Statutes, Title 
35-A, 
section 32ll-A, subsection 5 to the Legislature at the 
beginning of the 2003-04 fiscal year. 
These funds must be used 
for 
costs 
incurred 
to 
pay 
the 
per 
diem 
and 
expenses 
of 
legislative members participating in the review required by this 
Act. 
Sec. 
6. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
LEGISLATURE 
Miscellaneous Studies - Energy Resources Council 
The 
following 
Initiative: 
Provides 
funds 
for 
per 
diem 
and 
expenses 
of 
legislative members participating in activities of the Energy 
Resources Council for the energy review and report requirement. 
Funds from the Public Utilities Commission's conservation program 
fund must be transferred to the Legislature at the beginning of 
the fiscal year to be available for the legislative expenses. 
other Special Revenue Funds 
Personal Services 
All Other 
Other Special Revenue Funds Total 
LEGISLATURE 
DEPAR".IMER"l' "!'OrALS 
orsER SPECIAL REVENUE nnms 
DEPAIn"MENT "!'OrAL -
ALL nnms 
EXECUTIVE DEPAIn"MENT 
State Planninq Office 
2003-04 
$1,320 
1,600 
$2,920 
2003-04 
$2,920 
$2,920 
2004-05 
$0 
o 
$0 
2004-05 
$0 
$0 
Initiative: 
Provides funds for contractual services to assist 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ''Ii to to S.P. 233, L.D. 669 
the Energy Resources Council established pursuant 
Revised Statutes, Title 5, section 3327 with its 
review of 
the State's energy policy 
and 
for 
purposes. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
EXECUTIVE DEPAR"IMEIIr 
DEPARTMENT TOrALS 
O'I'BER SPECIAL REVENUE FORDS 
DEPARTMENT TOrAL -
ALL FORDS 
SECTION TOrALS 
O'I'BER SPECIAL REVENUE FORDS 
SECTIOR TOrAL -
ALL FORDS 
2003-04 
$197,080 
$197,080 
2003-04 
$197,080 
$197,080 
2003-04 
$200,000 
$200,000 
to the Maine 
comprehensive 
other 
related 
2004-05 
$200,000 
$200,000 
2004-05 
$200,000 
$200,000 
2004-05 
$200,000 
$200,000 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment, which is the majority report of the Joint 
Standing Committee on Utilities and Energy, replaces the bill. 
The amendment does the following. 
1. 
It changes the funding support for the Energy Resources 
Council. 
Currently funding is provided by member agencies. 
This 
amendment directs the council to seek federal funding. 
To the 
extent such funding is insufficient, member agencies are directed 
to enter into an agreement to share the costs of staff. 
It also 
authorizes 
the 
council 
to 
seek, 
and 
the 
Public 
Utilities 
Commission to provide, 
up 
to $200,000 
from 
the conservation 
program fund to support legislatively directed activities of the 
council and projects generally consistent with the purposes of 
the program fund. 
2. 
It directs 
the 
council 
to 
undertake 
a 
study 
of 
energy-related policy and its implementation, 
with particular 
focus on energy efficiency and renewable energy. 
It provides for 
members of the Legislature to be appointed to participate in 
the council's study. 
It requires the council to hold a hearing 
outside of Augusta and to issue its report by January 31, 2004. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 233, L.D. 669 
It authorizes 
the Joint Standing Committee 
on Utilities and 
Energy to report out legislation in response to the report. 
3. 
It adds an emergency preamble and emergency clause to 
the bill and an allocation section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Approved: 05/16/03 frae 
Office of Fiscal and Program Review 
LD669 
An Act to Strengthen the Energy Resources Council 
LR 1687(02) 
Fiscal Note for Bill as Amended by Committee Amendment il"S'-;(OU 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
Projections 
2003-04 
2004-05 
2005-06 
2006-07 
$200,000 
$200,000 
$200,000 
$200,000 
$200,000 
$200,000 
$200,000 
$200,000 
This bill authorizes the use of up to $200,000 per fiscal year ofthe Conservation Program Fund dedicated revenue 
within the Public Utilities Commission to support certain activities and projects of the Energy Resources Council 
established pursuant to 5 MRSA section 3327. This bill also requires the Energy Resources Council to undertake a 
comprehensive review of the State's energy policy and submit a report to the Joint Standing Committee on Utilities 
and Energy by January 31, 2004. There is sufficient revenue available to cover the proposed allocation for the current 
biennium. 
This bill includes an allocation of Other Special Revenue funds of $2,920 in fiscal year 2003-04 to the Legislature to 
authorize expenditures for the per diem and expenses of legislators participating in this Energy review and report 
requirement. Funds from the Conservation Program Fund will need to be transferred from the Public Utilities 
Commission to the Legislature at the beginning of the year to support the above mentioned costs. This bill includes 
language that requires the Public Utilities Commission to transfer these funds. 
This bill also changes the funding support for the Energy Resources Council by directing the Council to seek federal 
funding. Currently, funding is provided by member agencies so the receipt of Federal funds will allow member 
agencies to experience some savings. 
LR1687(2) - Fiscal Note - Page 1 of 1