An Act To Amend the Economic Development Laws
Maine Legislature, Session 121, LD 1818
Committee: Business, Research and Economic Development
Sponsors: BROMLEY, SULLIV AN, HALL, SHOREY, AUSTIN, PELLON, ROGERS, SMITH
Amends: 5 MRSA §3327, 5 MRSA §13033, 5 MRSA §13120-B, 5 MRSA §13120-D, 5 MRSA §13120-I, 5 MRSA §13120-J, 5 MRSA §13120-N, 5 MRSA §13120, 5 MRSA §15302, 10 MRSA §965, 10 MRSA §1413, 10 MRSA §1414-A, 10 MRSA §1415-C, 10 MRSA §1415-E, 10 MRSA §1415-F, 10 MRSA §1415-G, 10 MRSA §1415-H, 10 MRSA §1485, 10 MRSA §1493, 20-A MRSA §12705

Legislative Document 
No.1S1S 
S.P.666 
In Senate, December 23,2003 
An Act To Amend the Economic Development Laws 
Submitted by the Department of Economic and Community Development pursuant to Joint 
Rule 204. 
Received by the Secretary of the Senate on December 22,2003. Referred to the Committee 
on Business, Research and Economic Development pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 218. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative SULLIV AN of Biddeford and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: HALL of Lincoln, SHOREY of Washington, Representatives: AUSTIN of Gray, 
PELLON of Machias, ROGERS of Brewer, SMITH of Monmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §3327, sub-§I, ,G, as amended by PL 2003, c. g, 
§l, is further amended to read: 
G. 
The Commissioner of Economic and Community Development 
or the commissioner's designee; 
Sec. 2. 5 MRSA §13033, as amended by PL 2001, c. 142, §2, is 
further amended to read: 
§13033. Membership 
The commission consists of 7 members: 
the Chief Executive 
Officer of the Finance Authority of Maine or the Chief Executive 
Officer's designee; the Commissioner of Economic and Community 
Development or the commissioner's designee; the District Director 
of 
the 
United 
States 
Small 
Business 
Administration's 
Maine 
District Office; and a designee from the administrative unit and 
public members with expertise and knowledge in small business 
and entrepreneurship, appointed by the commissioner. 
Sec. 3. 5 MRSA §13120-B, sub-§§1 and 5, as enacted by PL 2001, 
c. 703, §6, are amended to read: 
1. 
Carrying costs. 
"Carrying costs" means reasonable costs 
incurred for 
the 
maintenance, 
protection 
and 
security of 
a 
eemmQBi~y speculative industrial building prior to occupancy, 
including, but not limited to, insurance, taxes and interest. 
5. 
Specu1ative industria1 bui1ding. 
"GemmQBi~y Speculative 
industrial building" means 
a building of flexible design and 
suitable 
for 
commercial 
use, 
for 
which 
the 
construction or 
carrying costs or both are financed through this subchapter for 
the purpose of creating new jobs in a municipality resulting from 
the sale or lease of the building. 
Sec. 4. 5 MRS A §13120·C, sub-§l, ,A, as enacted by PL 2001, c. 
703, §6, is amended to read: 
A. 
GemmQBi~y 
Speculative 
industrial 
building 
program, 
pursuant to section l3l20-N; 
Sec. 5. 5 MRSA §13120-D, sub-§I, ,B, as enacted by PL 2001, c. 
703, §6, is amended to read: 
B. 
Two ex officio members: 
(1) 
The 
Commissioner 
of 
Economic 
and 
Community 
Development or the commissioner's designee: and 
Page l-LR262l(1) 
(2) 
The 
Authority 
designee. 
Chief 
Executive 
Officer 
of 
the 
Finance 
of Mai ne 
~o~r_...!.t~h!iSe,---...!.c<J.h,!..,i"-le""f!:.-.....:e""x!!!Ui<eJ,oc-,,uw.t,-,,i...Jvwe=-----"o"-,f,,-,f~~,,,-' ",-c",-e-",r_' ...... s 
Sec. 6. 5 MRSA §13120-I, sub-§l, as amended by PL 
2003, 
c. 
281, §4, is further amended to read: 
1. 
Authorization. 
The authority may provide by resolution 
for 
the 
issuance 
of 
bonds 
for 
the 
purpose 
of 
funding 
the 
bemmQBi~y Speculative Industrial Buildings Fund, or any successor 
to 
the 
fund, 
for 
the 
construction 
of 
proposed 
commercial 
facilities and 
improvement of existing or acquired commercial 
facilities and for the fulfillment of other undertakings that it 
may assume. 
The bonds of the authority do not constitute a debt 
of the State or of any agency or political subdivision of the 
State but are payable solely from the revenue of the authority, 
and neither the faith nor credit nor taxing power of the State or 
any political subdivision of the State is pledged to payment of 
the bonds. 
Notwithstanding any other provision of law, any bonds 
issued pursuant to this subchapter are fully negotiable. 
If any 
member of the board of trustees whose signature appears on the 
bond or coupons ceases to be a member of the board of trustees 
before the delivery of those bonds, that signature is valid and 
sufficient for all purposes as if that member of the board of 
trustees had remained a member of the board of trustees until 
delivery. 
Sec. 7. 5 MRSA §13120-I, sub-§3, as enacted by PL 2001, 
c. 
703, §6, is amended to read: 
3. 
Money 
received. 
All 
money 
received 
from 
any 
bonds 
issued must be applied solely for loans to municipalities or 
local 
development 
corporations 
for 
eemmQBi~y 
speculative 
industrial buildings, for the construction of proposed commercial 
facilities and 
improvement of existing or acquired commercial 
facilities and for the fulfillment of other undertakings that are 
within the power of the authority. 
There is created a lien upon 
the money until so applied in favor of the bondholders or any 
member of the board of trustees as may be provided in respect of 
the bonds. 
Sec. 8. 5 MRSA §13120-J, sub-§l, as enacted by PL 2001, c. 
703, §6, is amended to read: 
1. 
Acquisition of interest. 
A member of the board of 
trustees or employee of the authority may not acquire or hold a 
direct or an indirect personal financial e~-~e~seBa! interest in: 
A. 
An authority activity; 
B. 
Property or facilities included, planned to be included 
or expected to directly benefit from an authority activity; 
or 
C. 
A contract or proposed contract in connection with an 
authority activity. 
When an acquisition is involuntary, the interest acquired must be 
disclosed immediately in writing to the board of trustees and the 
disclosure must be entered in the board of trustees' minutes. 
Sec. 9. 5 MRSA §13120-N, as amended by PL 2003, c. 281, §§5 
and 6, is further amended to read: 
§13120-N. Speculative industrial building program 
The authority may assist a municipality or local 
corporation 
to 
construct 
a 
eammaBity 
speculative 
building 
by 
loaning 
the 
municipality 
or 
local 
corporation money for construction or carrying costs 
the project, subject to the following. 
development 
industrial 
development 
or both for 
1. 
Project. 
The following conditions apply to a project 
receiving money under this section. 
A. 
The project must be within the scope of this subchapter, 
must be of public use and benefit and must reasonably be 
expected to accomplish one or more of the following: 
(1) 
Create new employment opportunities; 
(2) 
Retain or improve existing employment; or 
(3) 
Improve 
the 
competitiveness 
of 
the 
occupant 
business. 
B. 
Not 
more 
than 
industrial 
building 
municipality. 
one 
unoccupied 
project 
may 
eammaBity 
speculative 
be 
financed 
in 
a 
c. 
The authority shall charge interest on loans or funds 
provided under this section to the municipality or local 
development 
corporation 
for 
a 
eammaBity 
speculative 
industrial building that remains unoccupied for 3 or more 
years following completion of the building. 
D. 
The authority shall adopt rules under chapter 375 with 
respect to: 
(1) 
The methodology and criteria for allocating funds 
to eeffimQBity speculative industrial building projects; 
(2) 
The process through which municipalities and local 
development 
corporations 
must 
apply 
for 
eeffimQBity 
speculative industrial building funds; 
(3) 
Rates 
of 
interest, 
the 
duration 
of 
interest 
payments and any other terms to which municipalities 
and 
local 
development 
corporations 
must 
be 
subject 
under this paragraph; and 
(4) 
Other 
matters 
necessary 
to 
the 
proper 
administration of this section. 
Rules adopted under this paragraph are routine technical 
rules pursuant to chapter 375, subchapter 2-A. 
2. 
Obligations. 
The 
municipality or 
local 
development 
corporation receiving money under this section must: 
A. 
Own, 
or hold on 
long-term lease, 
the site for 
the 
project; 
B. 
Be responsible for and present evidence to the authority 
of its ability to carry out the project as planned; 
C. 
Site and maintain the eeHlFfHiBity speculative industrial 
building on property that is appropriate to the size and 
location of the eeffimQBity speculative industrial building; 
D. 
Provide 
and 
maintain, 
with 
funds 
other 
than 
those 
provided by the authority, an adequate access road from a 
public highway to the proposed site and provide and maintain 
water, 
sewer 
and 
power facilities. 
The municipality or 
local 
development 
corporation 
must 
be 
responsible 
for 
plowing out the plant site at all times and for landscaping 
the grounds surrounding the building until the building is 
occupied by a tenant; 
E. 
Comply with applicable zoning, 
planning and sanitary 
regulations 
in 
the 
municipality 
where 
the 
eeffimQBity 
speculative industrial building is to be located. 
A loan 
may not be approved and a certificate of approval for the 
project or for any subsequent enlargement or addition to the 
project 
may 
not 
be 
issued 
until 
the 
Department 
of 
Environmental Protection has certified to the authority that 
all licenses required by the authority have been issued or 
that none are required; and 
F. 
Make 
protection 
industrial 
adequate 
provisions 
for 
insurance 
and for maintenance of the 
eeffimQsi~y 
building while it is unoccupied. 
and 
fire 
speculative 
3. 
Loan terms. 
Terms for a loan under this section are as 
follows. 
A. 
The authority shall prescribe the terms and conditions 
of the loan. 
B. 
Loans must be repaid in full, including interest and 
other 
charges, 
within 
days 
after 
the 
eeffimQsi~y 
speculative industrial building is occupied. 
c. 
A eeffimQsi~y speculative industrial building financed by 
an authority loan may not be sold or leased without the 
express 
approval 
of 
the 
purchaser 
or 
lessee 
by 
the 
authority. 
If 
the 
municipality 
or 
local 
development 
corporation 
and 
the 
authority 
agree 
that 
a 
eemmQsi~y 
speculative industrial building is unlikely to be sold in 
the near future despite a marketing effort, the authority 
may 
permit 
an 
interim 
lease 
upon 
terms 
it 
considers 
appropriate for the protection of the 
GemmQsi~y Speculative 
Industrial Buildings Fund or any successor to the fund. 
Occupation of the premises under an interim lease does not 
require payment in full of the entire loan wi thin 90 days, 
as provided in paragraph B. 
4. 
Marketing and promotion. 
The municipality or local 
development corporation receiving money under this section shall 
make a reasonable and continual effort to market the 
eeffimQsi~y 
speculative industrial building for sale into private commercial 
use. 
Upon the request of the authority, 
the municipality or 
local 
development 
corporation shall present 
evidence 
of 
its 
marketing efforts 
and 
expenditures 
related to 
the 
eeffimQsi~y 
speculative industrial building. 
5. 
Taxes. 
While 
a 
building 
under 
this 
section 
remains 
mortgage is held by the authority, it 
legitimate public use and benefit and 
and special assessments of the State 
subdivisions. 
speculative 
industrial 
unoccupied 
and 
a 
first 
is property held for a 
is exempt from all taxes 
or any of its political 
6. 
Municipality. 
A municipality may raise or appropriate 
money supporting and guaranteeing the obligation of a chamber of 
commerce, board of trade or local development corporation for the 
purpose 
of 
constructing 
a 
eeffimQsi~y 
speculative 
industrial 
building subject to the provisions of this subchapter. 
Sec. 10. 5 MRSA §13120·P. sub·§§2 and 3, as amended by PL 2003, 
c. 281, §8, are further amended to read: 
2. 
Redevelopment 
of 
property. 
Except 
as 
provided 
in 
section 13120-Q, the authority may undertake the redevelopment of 
property as an owner or lender for subsequent use and sale under 
the following conditions: 
A. 
The property has been previously and materially used as 
a 
commercial 
facility or 
the 
property is suitable 
for 
adaptive use as a commercial or industrial facility; 
B. 
The property is currently not in productive commercial 
use or is expected to be taken out of productive commercial 
use within the immediate future; 
C. 
The property has not been placed under a purchase option 
or contract; 
D. 
The authority, using due diligence, has determined that: 
(1) 
There 
is 
a 
property will become 
redevelopment; and 
reasonable 
expectation 
that 
financially viable following 
the 
its 
(2) 
The economic benefits, including the restoration 
of employment opportunities, expected to result from 
the redevelopment justify the risks associated with the 
authority's equity interest in the property; aRe 
E. 
AI: 
If 
the 
municipality 
or 
the 
local 
development 
corporation is the source of the project, such as through 
owning the property, or uses town or other grant funds to 
participate in the redevelopment project, at least 25°1> of 
the authority's total cost to acquire, redevelop and return 
the property to productive commercial use will be borne by 
I:he that municipality or local development corporationT; and 
F. 
If the undeveloped land or personal property is part of 
the overall redevelopment project. 
3. 
Development of property. 
Except as provided in section 
l3120-Q, the authority may undertake the development of property 
as an owner or lender for subsequent use and sale under the 
following conditions: 
A. 
The property consists of real estate that is zoned, 
sited or otherwise suitable for development as a commercial 
facility; 
B. 
The property is currently not in productive commercial 
use; 
c. 
The property has not been placed under a purchase option 
or contract; 
D. 
The authority, using due diligence, has determined that: 
( 1) 
There 
is 
a 
property will become 
development; 
reasonable 
expectation 
that 
financially viable following 
the 
its 
(2) 
The 
employment 
within the 
development 
of 
opportunities 
region; and 
the 
property 
will 
create 
and other economic benefits 
(3) 
The economic benefits expected to result from the 
development 
justify 
the 
risks 
associated 
with 
the 
authority's equity interest in the property; ase 
E. 
A~ If 
the 
municipality 
or 
the 
local 
development 
corporation is the source of the project, such as through 
owning the property, or uses town or other grant funds to 
participate in the redevelopment project, at least 25'l-o of 
the authority's total cost to acquire, develop and bring the 
property to productive commercial use will be borne by Ute 
that municipality or local development corporationT; and 
F. 
If that undeveloped land or personal property is part of 
the overall development project. 
Sec. 11. 5 MRSA §15302, sub-§3, as enacted by PL 1999, c. 401, 
Pt. 
AAA, 
§3 
and amended by PL 
2003, 
c. 
20, 
Pt. 
00, 
§2 
and 
affected by §4, is further amended to read: 
3. 
Board of Directors of the Maine Technology Institute. 
The institute is governed and all of its powers exercised by a 
board of directors, referred to in this chapter as the "board," 
consisting of ±6 13 voting members and ~ ~ nonvoting members. 
A. 
The Governor shall appoint 9 10 voting directors, 1 ~ of 
whom must be representatives of targeted technologies. 
The 
other 
directors 
must 
have 
demonstrated 
significant 
experience 
in 
finance, 
lending or 
venture 
capital. 
In 
making 
the 
appointments 
from 
targeted 
technologies, 
the 
Governor 
shall 
consider 
recommendations 
submitted 
by 
representatives of targeted technology sectors. 
Directors 
of the board appointed by the Governor are entitled to 
receive reimbursement at the legislative rate for necessary 
expenses for their attendance at authorized meetings of the 
board. 
B. 
The Commissioner of Economic and Community Development 
or the commissioner's designee, the President of the Maine 
Community College System or the president's designee and the 
Chancellor 
of 
the 
University 
of 
Maine 
System 
or 
the 
chancellor's designee are ex officio voting directors. 
C. 
The 
PFesiaeR~--eE--~ae--MaiBe--SeieBee--aBa--±eeaBele~y 
~eQBaa~ieB-~-~~-~FesiaeB~~s-~~~~-~ae Director of 
the State Planning Office or the director's designee aFe is 
an ex officio nonvoting aiFee~eFs director. 
D. 
The Maine Technology Institute Director is a nonvoting 
director. 
Sec. 12. 10 MRSA §965, sub-§4, as amended by PL 1987, c. 403, 
§2 and c. 534, Pt. B, §§7 and 23, is further amended to read: 
4. 
State members. 
Three members of the authority shall 
represent the State aBa-saall-eeBsisE-eE , including: 
A. 
The Commissioner of Economic and Community Development 
or the commissioner's designee; 
B. 
One natural resources commissioner designated by the 
Governor from either the Department of Agriculture, Food and 
Rural 
Resources; 
the Department of Conservation; 
or the 
Department of Marine Resources; and 
C. 
The Treasurer of State, ex officio. 
Sec. 13. 10 MRSA §1413, sub-§4, as enacted by PL 1979, c. 503, 
§2, is amended to read: 
4. 
Commission. "Commission" means the 
beHlHli66ie-H-~-gBeF~y 
EEEieieBey--~~~~--P~~~~~--SEaBaaFas 
Public 
Utilities 
Commission. 
Sec. 14. 10 MRSA §1413, sub-§7, as amended by PL 1989, c. 50L 
Pt. DD, §21, is repealed. 
Sec. 15. 10 MRSA §1413, sub-§l1, as amended by PL 1991, c. 
824, Pt. A, §13, is further amended to read: 
11. 
Manual of Accepted Practices. 
"Manual 
of Accepted 
Practices" means the Manual of Accepted Practices prepared by the 
ge~aF~HleB~-e~-~~~-~~~~a~&y-geve±epHleB~ Public Utilities 
Commission 
in 
conformance 
with 
the 
mandatory 
standards 
for 
residential construction as defined in section 1415-C. 
Sec. 16. 10 MRSA §1414-A. as amended by PL 1989, c. 501, Pt. 
DO, §23, is further amended to read: 
§1414-A. Adoption of energy perfonnance building standards by 
state agencies 
Energy 
performance 
building 
standards 
adopted 
by 
state 
agencies shall must be coordinated with each other, as far as 
practicable, so that similar activities and buildings are treated 
in a similar way. 
The GemmissieBer;:-«--EeeBemie--and--GeJlUlHiBit:y 
~eyeleFmeBt: commission 
shall assist other state agencies 
in 
developing energy standards whieh that comply with this section. 
Sec. 17. 10 MRSA §1415-C. sub-§§4 to 6, as amended by PL 1991, 
c. 824, Pt. A, §14, are further amended to read: 
4. 
Waiver. 
A waiver from subsection 3 may be granted by 
the eemmissieBer;: commission on a case-by-case basis for instances 
of renovation as defined by section 1413, 
subsection 15. 
In 
regards to the renovation of historic buildings, 
a 
waiver is 
granted 
when 
the 
Executive 
Director 
of 
the 
State 
Historic 
Preservation Commission determines that adherence to the energy 
building standards would result in irreparable damage to the 
historic character of a building on the National Register of 
Historic Places, eligible for nomination to the national register 
or designated as a historic building by a certified municipal 
historic preservation ordinance. 
In other instances, such as the 
rebuilding 
of 
a 
structure 
damaged 
by 
fire 
or 
a 
historic 
preservation project when maintaining historic character is not 
an issue, the eemmissieBer;: commission may grant a waiver when it 
can be 
shown that the additional cost of meeting the energy 
building 
standards 
would 
make 
the 
building 
renovation 
economically infeasible. 
5. 
Waiver 
decision. 
The 
eemmissieBer;: 
commission 
shall 
render 
a 
decision on 
an application for 
a 
waiver 
from 
the 
standards within 30 
days of the receipt by the 
eemmissieBer;: 
commission of a complete application for a waiver. 
In rendering 
a decision, the eeHlHlissieBer;: commission may place conditions upon 
the 
granting 
of 
a 
waiver. 
Failure 
on 
the 
part 
of 
the 
eeHlHlissieBer;: commission to render a decision within the 30-day 
period constitutes approval of the request for the waiver. 
6. 
Waiver 
application. 
A request 
for 
a 
waiver 
under 
subsection 4 must be submitted to the ~eFaFtmeHt-~-~~-aBa 
GeHIHIQBit:y-~eyeleFmeBt: commission in writing and must contain the 
location of the renovation, the intended use of the building and 
the names of the owner, designer and contractor or builder. 
If 
applying for a waiver under the historic preservation provisions 
of subsection 4, 
information on the historic character of the 
building must be provided to the eeFRHI4:ssieBel' commission. 
If 
applying for a waiver under the economic hardship provisions of 
subsection 4, information on the economic infeasibility must be 
provided to the eemmiss4:eBel' commission. 
Sec. 18. 10 MRSA §1415-E, sub-§I, as amended by PL 1991, c. 
824, Pt. A, §15, is further amended to read: 
1. 
Administration. 
The 
:gepal't;meBt;---G-E----E£~_£---aBe 
GemmQB4:t;y---:gevelepmeBt; 
commission 
is 
responsible 
for 
the 
administration and enforcement of the standards established in 
this chapter. 
In administering these standards, the :gepal't;meBt; 
9E-EeeBemie-aBe-GeFRHIQBit;y-:gevelepmeBt; commission shall: 
A. 
Work cooperatively with other state, regional and local 
agencies interested in or affected by these standards and 
may, 
by 
rules 
promulgated in accordance with the Maine 
Administrative 
Procedure 
Act, 
Title 
5, 
chapter 
375, 
distribute 
to 
regional 
planning 
councils 
funds 
made 
available for this purpose; 
B. 
Revise the Manual of Accepted Practices to incorporate 
these mandatory provisions and make this and other relevant 
publications available to 
the 
towns 
and cities of this 
State; and 
C. 
Collect data from municipalities and regional planning 
agencies on the energy construction characteristics of the 
residential units built after January 1, 1989 and include an 
analysis of that data in its biennial energy resources plan. 
Sec. 19. 10 MRSA §1415-F, as amended by PL 1991, c. 824, Pt. 
C, §2, is further amended to read: 
§1415-F. Manual of Accepted Practices 
The 
eemmiss4:eBel' 
commission 
shall 
prepare 
a 
Manual 
of 
Accepted 
Practices 
that consists 
of 
building procedures 
and 
building materials to enable builders of one-family and 2-family 
structures to conform to the residential standards in section 
1415-C. 
Sec. 20. 10 MRSA §1415-G, as amended by PL 2003, c. 20, Pt. 
RR, §8 and affected by §18, is further amended to read: 
§1415-G. Electric heating systems; subsidized housing 
1. 
Residential 
construction, 
remodelinq 
and 
renovation. 
Except as provided in this section, 
during the construction, 
remodeling or renovation of a multifamily residential building, a 
person may not install electric space heating equipment as the 
primary 
heating 
system 
if 
that 
construction, 
remodeling 
or 
renovation is 
funded 
in 
whole 
or 
in part by 
publ ic 
funds, 
guarantees or 
bond proceeds. 
For 
purposes 
of this section, 
"multifamily residential building" means 
a 
structure with more 
than one dwelling unit. 
2. Waiver. 
After written petition from a building owner, 
the 9smmissisBeF commission shall grant a waiver from subsection 
if the building design conforms to the residential standards 
set forth 
in subsection 
or 
4. 
A waiver granted 
by 
the 
eSffiffiissisBeF commission under this subsection must be in writing 
and state the 9SffiffiissisBeF~s commission's reason for granting the 
waiver. 
3. 
Residential 
standards; 
electric 
heat. 
If 
the 
9SffiffiissisBeF commission grants a waiver under subsection 2, the 
building owner shall renovate the building or construct a 
new 
building so that the entire building conforms to the minimum 
energy efficiency standards established in this section. 
If a 
waiver is granted under 
subsection 
for 
a 
building to 
be 
remodeled or 
a 
building that receives 
an addition, 
only the 
remodeled portion of the building or the addition must conform to 
the following minimum energy efficiency standards. 
A. 
All ceilings that face an outdoor or unheated space must 
be insulated to an R-value of 57 or greater. 
B. 
All walls that face an outdoor or unheated space must be 
insulated to an R-value of 38 or greater. 
C. 
All floors over unheated spaces must be insulated to an 
R-value of 25 or greater. 
D. 
Slab-on-grade floors must have perimeter insulation of 
either: 
(1) 
R-15 when the insulation extends downward from the 
top of the slab to the design frost line: or 
(2) 
R-15 
when 
the 
insulation 
extends 
around 
the 
perimeter 
and horizontally or diagonally beneath or 
away from the slab for a distance equivalent to the 
depth of the frost line. 
E. 
All foundation walls adjacent to a heated space must be 
insulated from the top of the foundation to the frost line 
to an R-value of 19 or greater. 
F. 
All windows and glass in doors, when the glass in the 
door constitutes 1/3 or more of the door area, must have a 
total window unit R-value of 2.5 or greater. 
G. 
All exterior doors must be insulated or equipped with a 
storm door. 
H. 
All new 
infiltration 
construction and 
and ventilation 
renovation must comply with 
standards established by the 
eeffiffiissieReF commission. 
4. 
Performance-based 
compliance. 
g~~ee~iye--JaayaFy--lT 
1996r-~Re-~emmissieaeF The commission may waive the requirements 
of subsection 3 for any building if the eeHlHlissieaeF commission 
determines 
that 
the 
building's 
calculated 
annual 
energy 
consumption is not greater than the annual energy consumption of 
a similar building constructed in accordance with subsection 3. 
The eeHlHlissieaeF commission shall aaeF~ implement the rules that 
establish 
a 
performance-based 
compliance 
procedure 
for 
residential buildings se~eFe-JaayaFy-lT-l996. 
5. Violation. 
A building owner who violates this section or 
rules adopted under this section commits a civil violation for 
which a forfeiture of not less than $100 nor more than 5% of the 
value of construction must be adjudged. 
6. 
Notification. 
An 
agency, 
municipality 
or 
granting 
authority that provides a housing subsidy as described in this 
section must notify the Pyslie--Ut.-i-1-i-t...,i-e-s--GeHlHlissiea commission 
that 
the 
application 
complies 
with 
the 
residential 
energy 
requirements of this section. 
Notification must be in a 
form 
prescribed by rule by the commission. 
Sec. 21. 10 MRSA §1415-H, sub-§2, as amended by PL 1999, c. 
657, §4, is further amended to read: 
2. 
Form. 
The 
GeHlHlissieae£--~--~~-~aG--beHlHlyai~y 
geveleFHlea~ commission shall develop a model certification form 
to 
be 
used 
by 
transmission and distribution utilities under 
subsection 1. 
Sec.22. 10 MRSA c. 216, as amended, is repealed. 
Sec. 23. 10 MRSA §1485, as amended by PL 1989, c. 501, Pt. 
DD, §§26 to 28, is further amended to read: 
§1485. Development of insulation fact sheet 
The 
Qepa~~ffieR~-e~-~~-~-Geffim~Ri~y-Qeve±epffieR~ Public 
Utilities Commission shall prepare, and shall keep current, an 
informational pamphlet concerning insulation materials being used 
in the State. The pamphlet shall must discuss the characteristics 
of these insulation materials 
and the positive 
and negative 
effects whieh that may result following installation of these 
materials. The pamphlet shall must also include, but sha±l ~ not 
be limited to: 
1. 
Moisture. Information concerning moisture travel through 
buildings and the need for proper ve,ntilation or the need for 
vapor barriers fOllowing installation of insulation; 
2. 
Safety. Information concerning safety factors, including 
the flammability and toxicity of various types of insulation; 
3. 
Installation. 
Guidelines 
for 
insulation materials to avoid problems 
any safety hazards; 
proper 
installation of 
of moisture and to avoid 
4. 
Installation contracts. A narrative description of the 
requirements of this chapter and its provisions; and 
5. 
Other 
information. 
Such 
other 
information 
as 
the 
Qepar~ffieR~--eE--geeReffiie--aRe--beffiffiHRi~y--QevelepffieR~--shall--eeeffi 
Public Utilities Commission determines necessary or appropriate. 
The Qepa~~meR~-e~-~~-~-Gemm~Ri~y-QevelepmeRt Public 
Utilities Commission shall furnish this pamphlet, upon request, 
to any citizen of this State without charge. 
Every 
person 
in 
the 
State 
who 
installs 
insulation 
for 
compensation shall, 
prior 
to 
entering into 
any 
contract 
or 
agreement for the installation of insulation in any residence, 
furnish to the owner or lessee of the residence a copy of the 
pamphlet published pursuant to this section. 
Any person who violates the provisions of this section shall 
be ~ subject to the forfeiture provisions of section 1483. 
Sec. 24. 10 MRSA §1493, first" as amended by PL 1989, c. 50l, 
Pt. DD, §30, is further amended to read: 
The Qepar~meR~-e~-~~-~-Gemm~Ri~y-QevelepmeR~ Public 
Utilities Commission shall establish an express warranty for the 
sale and installation of solar energy equipment in Maine. This 
express warranty shall must, at a minimum, include the following: 
Sec. 25. 20-A MRSA §12705, sub-§I, 1(E, as amended by PL 1995, 
c. 688, §11, is further amended to read: 
E. 
The Commissioner of Economic and Community Development, 
or the commissioner' s 
S1:leeesse~ designee, who serves as an 
ex officio nonvoting member; 
SUMMARY 
This bill makes changes and updates to statutory language 
for programs overseen by the Department of Economic and Community 
Development. 
These include changing the name of the community 
industrial building program under the Maine Rural Development 
Authority, clarifying the MRDA conflict-of-interest language and 
modifying the financial commitment required by the MRDA of a 
municipality. 
The bill also transfers the statutory responsibilities of 
the Energy Conservation Division of the Department of Economic 
and Community Development, Office of Business Development to the 
Public Utilities Commission as a result of the transfer of those 
duties in Public Law 2003, chapter 20.