An Act
Maine Legislature, Session 121, LD 0233
Committee Amendment CA_A_S145 (Senate)
Amends: 20-A MRSA §15908-A

COMMITTEE AMENDMENT ,A-" to 
To Promote Energy Conservation" 
S.P. 92, L.D. 233, Bill, "An Act 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 5MRSA§1764-A is enacted to read: 
§1764-A. 
Improvement of energy efficiency in state-funded 
construction 
1. Definition. 
For purposes of this section. "substantially 
renovated" means any renovation for which the cost exceeds 50°-& of 
the building's current value prior to renovation. 
2. 
Ru1es. 
The Bureau of General Services. in consultation 
with 
the 
Energy 
Resources 
Council 
and 
the Public Utilities 
Commission. shall by rule require that all planning and design 
for 
the 
construction 
of 
new 
or 
substantially 
renovated 
state-owned or state-leased buildings and buildings built with 
state funds. including buildings funded though state bonds or the 
Maine Municipal Bond Bank: 
A. 
Involve 
consideration 
of 
architectural 
designs 
and 
energy systems that show the greatest net benefit over the 
life of the building by minimizing long-term energy and 
operating costs; 
B. 
Include an energy-use target that exceeds by at least 
20% the energy efficiency standards in effect for commercial 
Page l-LR0850(2) 
COMMITTEE AMENDMENT 
\~., 
\. ~. 
COMMITTEE AMENDMENT ,.;4 .. to S.P. 92, L.D. 233 
and institutional buildings pursuant to Title 10, section 
l4l5-Di and 
C. 
Include 
a 
life-cycle cost analysis that explicitly 
considers cost and benefits over a 
m~n~mum of 30 years and 
that explicitly includes the public health and environmental 
benefits associated with energy-efficient building design 
and construction, 
to the extent they can be 
reasonably 
quantified. 
Rules adopted pursuant to this section apply to all new or 
substantially renovated state-owned or state-leased buildings and 
buildings built with state funds, 
including buildings 
funded 
though state bonds or the Maine Municipal Bond Bank, regardless 
of whether the planning and design for construction is subject to 
approval by the department. 
Rules 
adopted 
pursuant 
to 
this 
section 
may 
provide 
for 
exemptions, 
waivers 
or 
other 
appropriate 
consideration 
for 
buildings with little or no energy usage, such as unheated sheds 
or warehouses. 
The Bureau of General Services shall adopt rules pursuant to this 
section by July 1, 2004. 
Rules adopted pursuant to this section 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
3. 
Approval. 
A state agency responsible for approving the 
construction of a new or substantially renovated state-owned or 
state-leased building 
and buildings built with state funds, 
including buildings 
funded 
though state 
bonds 
or 
the 
Maine 
Municipal 
Bond Bank, 
may not grant such approval unless the 
agency or other entity or organization proposing the construction 
can show that it has duly considered the most energy-efficient 
and environmentally efficient designs suitable in accordance with 
rules adopted pursuant to this section. 
Sec. 2. 20-A MRSA §15908-A is enacted to read: 
§15908-A. 
Scboo1 energy efficiency standards ru1es 
1. 
Definition. 
For 
purposes 
of 
this 
section, 
"substantially renovated" means any renovation for which the cost 
exceeds 50% of the building's current value prior to renovation. 
2. 
Ru1es. 
The 
state board, 
in consultation with the 
Department of Administrative 
and 
Financial 
Services 
and 
the 
Public Utilities Commission, shall by rule require as a condition 
for state funding for construction that all planning and design 
for new or substantially renovated schools or school buildings 
subject to state board approval: 
COMMITTEE AMENDMENT 
,~, 
\'" ~~~\~C 
• <-
COMMITTEE AMENDMENT .. A 
.. to S.P. 92, L.D. 233 
A. 
Involve 
consideration 
of 
architectural 
designs 
and 
energy systems that show the greatest net benefit over the 
life of the building by minimizing long-term energy and 
operating costs: 
B. 
Incl ude an energy-use target that exceeds by at least 
20% 
the 
energy 
efficiency 
standards 
in 
effect 
for 
commercial and institutional buildings pursuant to Title 10, 
section 14l5-D: and 
C. 
Include 
a 
life-cycle 
cost 
analysis 
that explicitly 
considers cost and benefits over a ml.nl.mum of 30 years and 
that explicitly includes the public health and environmental 
benefits associated with energy-efficient building design 
and construction. 
to the extent they can be 
reasonably 
quantified. 
The state board shall adopt rules pursuant to this section by 
July I. 2004. 
Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
3. 
Reqgirements 
for 
approval. 
The 
state 
board 
shall 
withhold 
approval 
of 
a 
state-funded 
new 
or 
substantially 
renovated school or school building if the local school authority 
proposing the project can not show that it has duly considered 
the most energy-efficient and environmentally efficient designs 
suitable in accordance 
with rules 
adopted pursuant to this 
section. 
Sec. 3. State Board of Education rules; transition. 
Prior to the 
effective date of rules adopted pursuant to the Maine Revised 
Statutes, 
Title 
20-A, 
section 
l5908-A, 
the 
State 
Board 
of 
Education shall disseminate 
to 
appropriate 
local authorities 
proposing to construct or substantially renovate any school or 
school building information concerning the development of the 
rules and shall encourage planning and design that is consistent 
with the purposes of Title 20-A, section l5908-A. 
Sec. 4. Work group; review of building energy-efficiency standards. 
The Public Utilities Commission, in consultation with the Energy 
Resources Council, shall form a working group to review current 
state building energy 
standards 
and their enforcement. 
The 
working 
group 
shall 
also 
review 
various 
advanced 
building 
guidelines, 
including, but not limited to, the Leadership in 
Energy 
and 
Environmental 
Design 
system, 
the 
United 
States 
Environmental Protection Agency's Energy Star buildings system, 
the State of California's Collaborative for 
High Performance 
Schools 
guidelines, 
and 
the 
New 
Buildings 
Institute's 
COMMITTEE AMENDMENT 
, ' 
· ~~,:.: 
\ 
.-:; 
l 
t~ 
COMMITTEE AMENDMENT .. A 
.. to S.P. 92, L.D. 233 
Advanced Building Guidelines. 
The Public Utilities Commission 
shall 
submit 
a 
report 
that 
includes 
its 
findings 
and 
recommendations, including any recommended new rules or changes 
to existing rules 
or 
recommended legislation, 
to 
the Joint 
Standing 
Committee 
on 
Energy 
and Utilities 
not 
later 
than 
February 1, 2004. 
The Joint Standing Committee on Utilities and 
Energy may report out legislation to the Second Regular Session 
of the 121st Legislature concerning energy policy, 
including 
energy efficiency. 
Sec. 5. Application. 
The Maine Revised Statutes, Title 5, 
section 
l764-A 
does 
not 
apply 
to 
any 
new 
or substantially 
renovated state-owned or state-leased buildings 
or buildings 
built with state funds, including buildings funded though state 
bonds or the Maine Municipal Bond Bank, that have received design 
approval prior to the effective date of rules adopted pursuant to 
that section. 
Title 20-A, section lS908-A does not apply to any 
school construction project that receives voter approval at a 
public referendum pursuant to Title 20-A, section 15904 prior to 
the effective date of rules adopted pursuant to Title 20-A, 
section l5908-A.· 
SUMMARY 
This amendment, which is the majority report of the Joint 
Standing Committee on Utilities and Energy, replaces the bill. 
This amendment: 
1. 
Requires the State Board of Education, by July 1, 2004, 
to adopt rules 
regarding state-funded school construction to 
require planning and design for such construction to include a 
life-cycle cost analysis and an energy-use target that exceeds by 
at least 
20~ the energy efficiency values established in the 
state building energy standards; 
2. 
Requires that approval by the State Board of Education 
of state-funded school construction be withheld unless the local 
school authority shows that it has duly considered the most 
energy-efficient and environmentally efficient designs suitable; 
3. 
Requires the Department of Administrative and Financial 
Services, Bureau of General Services, by July 1, 2004, to adopt 
rules regarding state-funded construction to require planning and 
design 
for 
such 
construction 
to 
include 
a 
life-cycle 
cost 
analysis and an energy-use target that exceeds by at least 20"1:. 
the energy efficiency values established in the state building 
energy standards; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A-.. to S.P. 92, L.D. 233 
4. 
Requires 
any 
agency 
responsible 
for 
approving 
state-funded construction to withhold such approval unless the 
agency or other entity proposing the construction can show that 
it 
has 
duly 
considered 
the 
most 
energy-efficient 
and 
environmentally efficient designs suitable; and 
5. 
Directs the Public Utilities Commission, in consultation 
with the Energy Resources Council, to form a working group to 
review 
current 
state 
building 
energy 
standards 
and 
their 
enforcement and submit a report to the Joint Standing Committee 
on Energy and Utilities not later than February 1, 
2004 and 
authorizes the committee to report out legislation. 
FISCAL :'\on: HEQURED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/08/03 .JIk?ac 
Office of Fiscal and Program Review 
LD233 
An Act To Promote Energy Conservation 
LR 0850(02) 
__ 
Fiscal Note for Bill as Amended by the Committee Amendment {j..S-ftj ~ 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Undetennined current biennium cost increase - General Fund 
The additional costs associated with adopting rules to improve energy efficiency in state funded construction can be 
absorbed by the Department of Administrative and Financial Services, the Energy Resources Council and the Public 
Utilities Commission utilizing existing budgeted resources. This bill is not a mandate since it applies to buildings 
built with state funds, including buildings funded through state bonds or the Municipal Bond Bank. This bill is not 
expected to have any significant fiscal impact on the current budget and future budgets since any future increased 
construction costs resulting from adhering to the proposed energy standards will be offset by the energy efficiencies 
savings achieved over the life of the bond. Also, the additional costs resulting from the fonnation of a working group 
to review current state building standards and report to the Legislature can be absorbed by the Public Utilities 
Commission and the Energy Resources Council utilizing existing budgeted resources. 
This legislation may increase the construction and planning costs of a State Board of Education funded Major Capital 
Improvement project such as the construction of a IieW school or renovations tu an t::xisling schoul. The potential 
increase in cost for each project can not be determined at this time. However, because debt service costs associated 
with funding school construction projects can not exceed the annual levels established in 20-A MRSA § 15905, a 
decrease in the total number of projects may be required to stay within the spending limits. If all planned projects are 
to be undertaken the debt service limit may need to be raised. 
LR0850(2) - Fiscal Note - Page 1 of 1