An Act Relating to Energy-related Building Standards The Majority of the Joint Standing Committee on Utilities and Energy, pursuant to Public Law 2003, chapter 497 and Resolve 2003, chapter 101, section 3, Reports the Same Ought to Pass. Printed on recycled paper JOY J. O'BRIEN Secretary of the Senate
Maine Legislature, Session 121, LD 1948
Amends: 10 MRSA §1415-C, 10 MRSA §1415-D

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1948 
S.P.790 
In Senate, March 30, 2004 
An Act Relating to Energy-related Building Standards 
The Majority of the Joint Standing Committee on Utilities and Energy, pursuant to Public 
Law 2003, chapter 497 and Resolve 2003, chapter 101, section 3, Reports the Same Ought to 
Pass. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of'the State of Maine as follows: 
Sec. 1. 10 MRSA §1415-C, sub-§I, as amended by PL 1991, c. 
246, §7, is repealed. 
Sec. 2. 10 MRSA §1415-C, sub-§I-A, as enacted by PL 1991, c. 
246, §8, is repealed. 
Sec. 3. 10 MRSA §1415-C, sub-§2, as enacted by PL 1987, c. 
818, §4, is repealed. 
Sec. 4. 10 MRSA §1415-C, sub-§3, as amended by PL 2003, c. 
151, §4, is further amended to read: 
3. 
Multifamily structures. 
Effective January 1, 2004, ln 
addition to conforming to the requirements of this section, any 
new construction or renovation of a 
conditioned space in any 
residential building of more than 2 dwelling units must conform 
to 
ASHRAE 
Standard 
62-2001 
and 
ASHRAE 
Standard 
9GT±T--6GG± 
90.1-2001. 
For the purposes of this subsection, compliance with 
the 2003 edition of the International Energy Conservation Code 
published 
by 
the 
International 
Code 
Council 
constitutes 
compliance with ASHRAE Standard 90.1-2001. 
Sec. 5. 10 MRSA §1415-D, first 1[, as amended by PL 2003, c. 151, 
§5, is further amended to read: 
Except as provided in this section, 
new construction or 
substantial 
renovation 
of 
any 
commercial 
or 
insti tutiona1 
building undertaken after January 1, 2004 must conform to ASHRAE 
Standard 62-2001 and ASHRAE Standard 90.1-2001 under any of the 
compliance methods specified in the standards. 
For the purpose 
of 
this 
section 
compliance 
with 
the 
2003 
edition 
of 
the 
International 
Energy 
Conservation 
Code 
published 
by 
the 
International 
Code 
Council constitutes compliance with 
ASHRAE 
Standard 
90.1-2001. 
For 
the 
purpose 
of 
this 
section, 
"substantial renovation" means any renovation for which the cost 
exceeds 50~ of the building's current value prior to renovation. 
Sec. 6. 35-A MRS A §121 is enacted to read: 
S121. 
Model code 
1. 
Development; rules. 
The commission shall adopt by rule 
a model building energy code, including a ventilation code, that 
is consistent with any other model building codes adopted by the 
State and with the building energy standards established in Title 
10, 
section 
1415-C, 
subsection 
and 
section 
1415-D. 
The 
commission shall ensure that the model code is not inconsistent 
with any other applicable state code or standard, including, but 
not limited to, 
any fire safety code, plumbing code, oil and 
solid fuel equipment standard, propane and natural gas equipment 
standard or boiler and pressure vessel standard. 
Rules adopted pursuant to this subsection are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
2. 
Model code. 
After the effective date of rules adopted 
pursuant to subsection 1, a municipality may not adopt a building 
energy code other than the model building energy code. 
Nothing 
in this section requires 
a 
municipality to adopt 
a 
building 
energy code. 
A municipality that has a building energy code in 
effect prior to the effective date of the rules may continue to 
keep that code, but if the municipality replaces its energy code 
it must adopt the model building energy code. 
Sec. 
7. 
Commission 
investigation. 
The 
Public 
Utilities 
Commission shall examine compliance and enforcement alternatives 
designed to ensure that residential and commercial buildings are 
constructed in conformance with statutory building energy codes. 
In particular, the commission shall examine the funding level and 
resources required for effective enforcement; possible sources of 
enforcement funding; which public or private entities could be 
charged with enforcement authority; the sanctions that could be 
imposed 
for 
violations; 
the 
effectiveness 
of 
different 
enforcement 
alternatives; 
and 
means 
by 
which 
energy 
code 
enforcement 
can be 
integrated with the enforcement of other 
building codes. 
In conducting its examination, the commission 
shall examine compliance and enforcement alternatives used in 
other states. 
The commission shall report the results of its examination, 
together with any proposed legislation, to the joint standing 
committee of the Legislature having jurisdiction over utilities 
and 
energy matters 
by 
December 
31, 
2004. 
The 
commission's 
analysis 
must 
present 
the 
advantages 
and 
disadvantages 
of 
implementing the examined enforcement alternatives in this State. 
Sec. 8. 
Authority to report legislation. 
The 
joint 
standing 
committee of the Legislature having jurisdiction over utilities 
and 
energy matters 
may 
report out legislation to 
the First 
Regular Session of 
the 
122nd Legislature concerning building 
energy codes, including but not limited to legislation concerning 
the application of the model building energy code adopted by rule 
by the Public Utili ties Commission and the enforcement of state 
building energy standards. 
Sec. 9. Effective date. 
Those sections of this Act that repeal 
the 
Maine 
Revised 
Statutes, 
Title 
10, 
section 
1415-C, 
subsections 
1, 
I-A 
and 
take 
effect 
days 
after 
the 
adjournment of the First Regular Session of the l22nd Legislature. 
SUMMARY 
This bill, which is reported by a majority of the Joint 
Standing 
Committee 
on Utilities 
and 
Energy 
pursuant 
to its 
authority under Public Law 2003, chapter 497, does the following: 
1. 
It 
repeals 
the 
current 
single-family 
building 
insulation 
standards 
effective 
days 
adjournment of the First Regular Session of the l22nd 
residential 
after 
the 
Legislature; 
2. 
It amends the commercial, institutional and multifamily 
building energy standards to provide that compliance with the 
2003 
International 
Energy 
Conservation 
Code 
satisfies 
those 
energy standards; 
3. 
It directs the Public Utilities Commission to adopt 
through major substantive rules a model building energy code that 
is consistent with other state codes, including the commercial, 
institutional and multifamily state building standards, and any 
model building codes adopted by the State; 
4. 
It provides that after the model building energy code 
takes effect, municipalities would be required on a going-forward 
basis to choose the model code if they choose to adopt an energy 
code; municipalities would not be required to adopt an energy 
code or to replace any existing code; 
5. 
It directs the Public Utilities Commission to examine 
enforcement issues related to building energy codes; and 
6. 
It authorizes 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over utilities and energy matters 
to report out legislation to the First Regular Session of the 
l22nd Legislature concerning building energy codes, including but 
not limited to legislation concerning the application of the 
model building energy code and the enforcement of state building 
energy standards. 
FISCAL ~OTE REQUIRED 
(See attached) 
Fiscal Detail and Notes 
Approved: 03119104 ;::k?ac:.. 
Office of Fiscal and Program Review 
LD xxxx - New Draft 
An Act Relating to Energy-related Building Standards 
LR 2854(01) 
Fiscal Note for New Draft 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs associated with implementing this legislation can be absorbed by the Public Utilities Commission 
utilizing existing budgeted resources. 
LR2854( 1) - fiscai Note - Page 1 of 1