An Act Relating to Certain Energy Responsibilities of the Public Utilities Commission The Joint Standing Committee on Utilities and Energy, pursuant to Public Law 2003, chapter 497, section 4 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 1949
Amends: 5 MRSA §13063-B, 10 MRSA §1413, 10 MRSA §1415-E, 10 MRSA §1415-F, 10 MRSA §1485, 10 MRSA §1493, 35-A MRSA §1311-B

Legislative Document 
No. 1949 
S.P.791 
In Senate, March 30, 2004 
An Act Relating to Certain Energy Responsibilities of the Public 
Utilities Commission 
The Joint Standing Committee on Utilities and Energy, pursuant to Public Law 2003, 
chapter 497, section 4 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. 5 MRSA §13063-B. sub-§I-A. as enacted by PL 2003, c. 
2, Pt. L, §1, is repealed. 
Sec. 2. 10 MRSA §1413, sub-§II, as amended by PL 1991, c. 824, 
Pt. A, §13, is repealed. 
Sec. 3. 10 MRSA §1415-E, sub-§l, as amended by PL 1991, c. 
824, Pt. A, §15, is further amended to read: 
1. 
Administration. 
The 
Department 
of 
Economic 
and 
Communi ty Development is responsible for the administration and 
enforcement of the standards established in this chapter. 
In 
administering these standards, 
the Department of Economic 
and 
Community Development shall: 
A. 
Work cooperatively with other state, regional and local 
agencies interested in or affected by these standards and 
may, 
by rules 
E'~em\i;j,l§Jat;ea adopted in accordance wi th 
~Be 
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Title 5, 
chapter 375, 
distribute 
to 
regional 
planning 
councils 
funds 
made 
available for this purposet~ 
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Sec. 4. 10 MRSA §1415-F, as amended by PL 1991, c. 824, Pt. 
C, §2, is repealed. 
Sec. 5. 10 MRSA §1485, as amended by PL 1989, c. 501, Pt. DD, 
§§26 to 28, is repealed. 
Sec. 6. 10 MRSA §1493. as amended by PL 1989, c. 501, Pt. DD, 
§30, is repealed. 
Sec. 7. 32 MRS A cc. 87 and 88, a~ amended, are repealed. 
Sec. 8. 35-A MRSA §1311-B, as enacted by PL 2001, c. 135, §1, 
is repealed. 
Sec. 9. 35-A MRSA Pt. 8 is enacted to read: 
Page l-LR2853(1) 
PART 8 
ENERGY EFFICIENCY 
CHAPTER 95 
ENERGY EFFICIENcy 
§lOOOl. 
Provision of public information 
1. 
General. 
The commission shall provide to the public 
information 
about 
energy 
technologies 
and 
energy 
efficiency 
practices, 
including any state building energy standards 
and 
their 
implementation. 
In 
providing 
public 
information, 
the 
commission shall consider: 
A. 
The aspects of energy technologies, energy efficiency 
practices 
and 
building 
energy 
standards 
and 
their 
implementation about which the public needs information; 
B. 
The most effective means of providing the information; 
and 
C. 
The members of the public who would most benefit from 
public information. 
2. 
Specific programs. 
The 
commission shall 
examine 
and 
consider developing: 
A. 
Instructional or informational manuals, 
including but 
not limited to 
a 
manual of accepted practices to assist 
builders of residential buildings to comply with any state 
building energy standards; 
B. 
Fact sheets, including but not limited to fact sheets on 
insulation materials and the positive and negative effects 
that may result from their installation; 
C. 
A training or certification program for persons 
who 
install, maintain or use energy technologies or who must 
comply with energy-related standards or practices reg;uired 
by statute; and 
D. 
Any 
other means 
of providing information that will 
accomplish the purposes of this section. 
3. Funding. 
The commission may seek federal funding for the 
purposes of this section and, to the extent necessary, may charge 
reasonable fees to cover the costs of training or other services 
provided pursuant to this section. 
All fees must be paid to the 
Treasurer of State and used to reimburse the commission for its 
expenses in providing the service for which the fee is charged. 
§10002. 
Training for installers of solar equipment 
1. Installation training. 
To the extent that funds 
and 
resources 
allow, 
the 
commission 
shall 
establish 
voluntary 
training programs for installers of solar equipment that most 
effectively meet the needs of the public. 
The commission: 
A. 
May 
develop 
separate 
programs 
for 
different 
solar 
technologies or applications when the commission determines 
that the skills or training for the installation of those 
technologies or applications merit the distinction; 
B. 
Shall confer with the Plumbers' Examining Board and the 
Electricians' Examining Board when it develops the course 
content and requirements; 
C. 
Shall determine the content of the training, the hours 
required for 
course 
completion and 
the 
manner 
applicants must demonstrate proficiency in solar 
in which 
equipment 
installation; 
D. Shall issue a certificate of completion to individuals 
who meet the requirements the commission has established; 
E. 
May establish reasonable course fees. 
All fees must be 
paid to the Treasurer of State to be used by the commission 
for the purposes of this section; 
F. 
Shall determine terms for the expiration and renewal of 
an applicant's certificate of completion: and 
G. 
Shall 
determine 
an 
appropriate 
means 
of 
maintaining 
recognition of 
the training received by persons holding 
certificates issued pursuant to former Title 32, chapter 87. 
2. 
Oualifications 
for 
installing 
solar 
equipment. 
A 
certificate of completion issued by the commission pursuant to 
subsection 1 
does not exempt the holder 
from 
any applicable 
licensing 
requirements 
for 
activities 
involved 
in installing 
solar 
equipment, 
including 
but 
not 
limited 
to 
licensing 
requirements established in Title 32, chapter 17 or 49. 
§10003. 
Training for energy auditors 
1. Auditor training. 
To the extent that funds and resources 
allow, the commission shall establish voluntary training programs 
for energy auditors that most effectively meet the needs of the 
public. 
For the purpose of this subsection, an energy auditor is 
a person who is trained to prepare a report that delineates the 
energy 
consumption characteristics of 
a 
building, 
identifies 
appropriate 
energy 
efficiency 
operations 
and 
maintenance 
procedures 
and 
recommends 
appropriate 
energy 
efficiency 
measures. 
The commission: 
A. 
May develop separate programs for audits of different 
building types and functions when the commission determines 
that the skills or training needed to perform these audits 
merit the distinction; 
B. 
Shall determine the content of the training, the hours 
reguired for 
course 
completion and 
the 
manner 
in which 
applicants must demonstrate proficiency in energy auditing; 
C. Shall issue a certificate of completion to individuals 
who meet the reguirements the commission has established; 
D. 
May establish reasonable course fees. 
All fees must be 
paid to the Treasurer of State to be used by the commission 
for the purposes of this section; 
E. 
Shall determine terms for the expiration and renewal of 
an applicant's certificate of completion; and 
G. 
Shall 
determine 
an 
appropriate 
means 
of maintaining 
recogni tion of the training received by persons holding a 
certificate issued pursuant to former Title 32, chapter 88. 
§l0004. 
Federal energy programs 
1. 
Administration 
of 
programs. 
The 
commission 
shall 
administer: 
A. 
The United States Department of Energy State Energy 
Program; and 
B. Other federally funded programs related to functions that 
the commission performs. 
§I0005. 
Energy Conservation Small Business Revolving Loan 
Program; Energy Conservation Small Business 
Revolving Loan Fund 
1. Program and fund. 
The commission shall implement the 
Energy 
Conservation 
Small 
Business 
Revolving 
Loan 
Program, 
referred to in this subsection as "the program," and the Energy 
Conservation Small Business Revolving Loan Fund, referred to in 
this subsection as 
"the fund." 
The 
fund consists of federal 
capitalization grants 
and 
awards 
made 
to 
the State for 
the 
purposes for which the fund is established; any amounts deposited 
by the commission into the fund from the conservation program 
fund established in section 32ll-A, subsection 5; principal and 
interest received from the repayment of loans made from the fund 
and any interest earned on investment of fund balances; and any 
other funds from any public or private source received for use of 
any of the purposes for which the fund is established. The fund 
is a nonlapsing revolving fund account. 
A. 
The commission shall credit all repayments of loans made 
to businesses, including interest, penalties and other fees 
and charges related to fund loans to the fund account. 
B. 
Money 
in the 
fund 
not 
needed 
to 
meet 
the 
current 
obligations 
of 
the 
program 
must 
be 
deposited with 
the 
Treasurer of State to the credit of the fund account and may 
be invested in such manner as is provided by law. Interest 
received on that investment must be credited to the fund 
account. 
C. 
At 
the 
end 
of 
each 
fiscal 
year, 
all 
unencumbered 
balances in the fund account may be carried forward to be 
used for the purposes specified in this subsection. 
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, 
repeals various 
energy-related responsibilities of the Department of Economic and 
Community Development and moves the substance of most of those 
responsibilities to the Public Utilities Commission. 
The bill 
gives greater flexibility to 
the 
commission 
in administering 
these responsibilities. 
In particular, the bill repeals law relating to a manual of 
accepted practices for building energy standards, an information 
fact sheet concerning insulation materials, 
a 
solar equipment 
warranty, 
a 
solar 
energy 
equipment 
installers 
voluntary 
certificate program; and an energy auditors voluntary certificate 
program. 
The bill requires the Public Utilities Commission to 
provide public information about energy technologies and energy 
efficiency 
practices; 
to 
examine 
and 
consider 
developing 
information manuals, including a manual of accepted practices, 
fact sheets, including a fact sheet on insulation materials, and 
training programs for persons who install, maintain or use energy 
technologies or must comply with energy-related standards; and to 
establish, to the extent funds and resources are available, 
a 
voluntary training program for installers of solar equipment and 
a 
voluntary training program for 
energy auditors. 
The bill 
directs the commission to seek federal funding sources to support 
the provision of such services and authorizes 
the commission to 
charge reasonable fees for such services if federal funding is 
not available or sufficient. 
The bill also repeals a provision of law relating to federal 
programs that the Public Utilities Commission is required to 
administer and instead directs the commission to administer the 
United States Department of Energy State Energy Program and other 
federally 
funded 
programs 
related 
to 
functions 
that 
the 
commission performs. 
The 
bill 
moves 
responsibility for 
the 
federally 
funded 
Energy Conservation Small Business Revolving Loan Program from 
the 
Department of 
Economic 
and 
Community 
Development 
to 
the 
Public Utilities 
Commission. 
This 
move 
was 
intended 
to 
be 
accomplished by legislation passed in a prior session but for 
technical reasons was not fully accomplished. 
FISCAL,\O IT I{E("llll{[D 
(See attached) 
Fiscal Detail and Notes 
Approved: 03/23/04 ,;t;?ac:.. 
Office of Fiscal and Program Review 
LD xxxx - New Draft 
An Act Relating to Certain Energy Responsibilities of the Public Utilities 
Commission 
LR 2853(01) 
Fiscal Note for New Draft 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
This bill moves certain energy-related responsibilities from the Department of Economic and Community 
Development to the Public Utilities Commission and directs the commission to seek federal funds to assist in the 
administration of these programs. It also moves the Energy Conservation Small Business Revolving Loan program t 
the Public Utilities Commission. 
To allow for the continuation of the Energy Conservation Revolving Loan program and pursuant to 35-A MRSA, 
section 3211-B, $361,702 in the All Other line category was transferred, by journal entry, by the Public Utilities 
Commission to the existing PUC - Conservation Administration dedicated account through financial order #00934 F4 
approved by the Governor on February 11,2004. 
LD 1919, the Governor's second proposed supplemental budget, includes a deallocation of$150,000 in fiscal year 
2003-04 and $160,000 in fiscal year 2004-05 in the Energy Conservation Division program within the Department of 
Economic and Community Development to reflect the transfer of the Energy Conservation Revolving Loan Program 
to the Public Utilities Commission. 
Additional costs to the Plumbers' Examining Board and the Electricians' Examining Board within the Department of 
Professional and Financial Regulation associated with conferring with the commission on course content and 
requirements for voluntary training programs can be absorbed utilizing existing budgeted resources. 
LR2853(l) - Fiscal Note - Page 1 of 1