An Act To Encourage Energy Independence for Maine
Maine Legislature, Session 122, LD 1931
Committee: Utilities and Energy
Sponsors: BARTLETT, BRENNAN, BROMLEY, DAMON, DIAMOND, EDMONDS, GAGNON, MAYO, SULLIVAN, ADAMS, BABBIDGE, BARSTOW, BRAUTIGAM, BURNS, CAIN, CANAVAN, CLARK, CRA YEN, CURLEY, DRISCOLL, DUCHESNE, DUDLEY, DUPLESSIE, EBERLE, EDER, FAIRCLOTH, FARRINGTON, FISHER, GROSE, KOFFMAN, LERMAN, MILLER, NORTON, O'BRIEN, PATRICK, PERCY, PINGREE, RICHARDSON, SIMPSON, SMITH, THOMPSON, WATSON, WEBSTER
Amends: 20-A MRSA §264, 35-A MRSA §121, 35-A MRSA §3211-A, 35-A MRSA §321

Legislative Document 
No. 1931 
S.P.731 
In Senate, January 4,2006 
An Act To Encourage Energy Independence for Maine 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
Cosponsored by Representati ve BLISS of South Portland and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, BROMLEY of Cumberland, DAMON of Hancock, 
DIAMOND of Cumberland, President EDMONDS of Cumberland, GAGNON of Kennebec, 
MAYO of Sagadahoc, SULLIVAN of York, Representatives: ADAMS of Portland, 
BABBIDGE of Kennebunk, BARSTOW of Gorham, BRAUTIGAM of Falmouth, BURNS of 
Berwick, CAIN of Orono, CANAVAN of Waterville, CLARK of Millinocket, CRA YEN of 
Lewiston, CURLEY of Scarborough, DRISCOLL of Westbrook, DUCHESNE of Hudson, 
DUDLEY of Portland, DUGA Y of Cherryfield, DUPLESSIE of Westbrook, EBERLE of 
South Portland, EDER of Portland, FAIRCLOTH of Bangor, FARRINGTON of Gorham, 
FISHER of Brewer, GROSE of Woolwich, KOFFMAN of Bar Harbor, LERMAN of Augusta, 
MILLER of Somerville, NORTON of Bangor, O'BRIEN of Lewiston, PATRICK of Rumford, 
PERCY of Phippsburg, PINGREE of North Haven, PlOTT I of Unity, Speaker RICHARDSON 
of Brunswick, SIMPSON of Auburn, SMITH of Monmouth, THOMPSON of China, 
WALCOTT I)fLewiston, WATSON of Bath, WEBSTER of Freerort, 'WOODBURY of 
Yannouih. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 20-A MRSA §264 is enacted to read: 
§264. 
Energy efficiency certification 
1. 
Program. 
The commissioner shall ensure that facility 
managers for school administrative districts complete a building 
operators certification program established and conducted under 
the authority of the Public Utilities Commission pursuant to 
Title 35-A, section 32ll-A, subsection 2. 
2. 
Goals; implementation. 
The commissioner shall phase in 
compliance with the requirements of subsection 1 so that 50~ of 
the facility managers for school administrative districts are 
certified no later than January 1, 2010 and 
100~ of the facility 
managers for school administrative districts are certified no 
later 
than 
January 
1, 
2015. 
To 
achieve 
these 
goals, 
the 
~issioner, 
with 
input 
from 
the 
school 
administrative 
districts, shall select the order in which the facility managers 
are to receive training. 
3. 
Rules. 
The commissioner shall adopt rules to implement 
the requirements of this section. 
Rules adopted pursuant to this 
section are 
routine 
technical rules 
as defined in Title 
5, 
chapter 375, subchapter 2-A. 
Sec. 2. 35-A MRSA §121, sub-§2, as amended by PL 2005, c. 350, 
§15, is further amended to read: 
2. 
Model code. 
After ~Re-~~~~~-Ga~-e~-~~~-aeep~ee 
pliFsliaR1:--t~~i-on--l July 27, 2005, a municipality may not 
adopt a building energy code other than the model building energy 
code or an amended versio~ of the model building energy code or 
fail to adopt a building energy code unless, by January 1, 2008, 
that municipality notifies the commission, in writing, of the 
municipality's decision not to adopt the model building energy 
~. For purposes of this subsection, "amended version of the 
model 
eReF~y building ~~ 
code" means a version of t.he code 
t.hat does not. include cert.ain parts or port.ions of t.he code or 
that creates new exemptions from its requirement.s but does not 
include a version of t.he code that includes modifications to any 
standard established 
in 
the 
code. 
NeERiR~--iR--1:Ris--see~ieR 
FeEjlii Fes - -a- -fll-I*R-wipa-1-i-\;-y - t.e- -adopt--a - .ffi:l-i-l~-i.fl~- -ene-r-qy-- eeee yo 
~ 
municipality does not notify the commission prior to January 1, 
2008 
of the municipality"s decision not to 
adopt 
the 
model 
building energy code, 
the municipality shall adopt the model 
building energy code. 
A municipality that has a building energy 
code in effect prior to ERe-e~~e€t.-ive-~~~-\;-a&-Fliles July 27, 
2005 may continue to keep that code, but if t.he municipality 
Page I-LR2695(1) 
replaces its energy code it must adopt the model building energy 
cede or an amended version of the model eBeHJY building ~~ 
code in accordance with this subsection if it does not notify the 
commission 
prior 
to 
January 
1, 
2008 
of 
the 
municipality's 
decision not to adopt the model building energy cod~. 
Sec. 3. 35-A MRSA §3211-A. sub-§4. ,8, as amended by PL 2005, 
c. 459, §l, is repealed and the following enacted in its place: 
B. 
Do not exceed: 
_~ Until January 1, 2007, .145 cent per kilowatt-hour; 
L2L_Jr:oJIl __ Janua!"y--l~007 to December 31. 2007, .2 cent 
per kilowatt-hour; 
Ol __ XrQlTl ___ ~L9nuQ.]:-y __ :J,.L 
2008 to December 
31, 
2008, 
.25 
Cj~.J1L~~_1-. __ k i Iowa tJ;c::!1 0 1,lJ.' ; an d 
L1....LFrOl!LJanY-ar.~ __ ~.2009, .3 cent per kilowatt-hour; 
Sec. 4. 35-A MRS A §3211-A. sub-§ll. ,B. as enacted by PL 2001, 
c. 624, §4, is amended to read: 
B. An accounting of: 
(1) 
Assessments 
made 
on 
each 
transmission 
and 
distribution utility pursuant to this section during 
the prior 12 months 
and projected assessments during 
the next 12 months; 
(2) 
Total 
deposits 
into 
and expenditures 
from 
the 
program fund during the prior 12 months and projected 
deposi ts into and expenditures from the program fund 
during the next 12 months; 
(3) 
The 
amount 
and 
source of 
any grants or 
funds 
deposited in the program fund pursuant to subsection 5, 
paragraph 
D during 
the 
previous 
months 
and 
the 
proj ectec1 amount and source of any such funds dur ing 
the next 12 months; and 
(4 ) 
Total 
deposits 
into 
and expenditures 
from 
the 
administration 
fund 
during 
the prior 
months 
and 
projected 
deposits 
into 
and 
expenditures 
from 
the 
administration fund during the next 12 months; aBa 
Sec. 5. 35-A MRSA §321l-A. sub-§ll. ,C, as enacted by PL 2001, 
c. 624, §4, is amended to read: 
C. Any recommendations for changes to law relating to energy 
conservationT~Q 
Sec. 6. 35-A MRSA §3211-A, sub-§ll, 1[D is enacted to read: 
D. 
The status of t_he progress towards meeting the goals of 
Ti tIe 20-A, 
section 264, 
subsection 2 and the 
strat~iJL~ 
that have been implemented to meet those goals. 
The re-PQst 
must 
also 
include 
an 
accounting 
of 
the 
energy 
savings 
achieved 
by 
school 
administrative 
districts 
due 
to 
compliance with Title 20-A, section 264, subsection 1. 
Sec. 7. Development of new compensation method for transmission 
and distribution utilities. 
The 
Public Utili ties Commission shall 
develop a compensation method for transmission and distribution 
utilities that is not based on the amount of energy used by the 
consumer. 
The commission shall submit its report. along with any 
necessary 
implementing 
legislation. 
to 
the 
joint 
standing 
committee of the Legislature having jurisdiction over utilities 
and energy matters by January 15, 
2007. 
For purposes of this 
section, 
"transmission and distribution utility" has 
the 
same 
meaning as in the Maine Revised Statutes. Title 35-A. 
section 
102. subsection 20-B. 
Sec. 8. Waiver: standards for boilers and furnaces. 
The Public 
Utilities 
Commission 
shall 
seek 
a 
waiver 
from 
the 
federal 
Department of Energy from the minimum energy efficiency standards 
established by the National Appliance Energy Conservation Act o[ 
1987. 42 United States Code. Chapter 77, Subchapter III, Part A 
for 
residential 
furnaces 
and 
boilers. 
The 
commission 
shall 
establish by rule energy standards for boilers and furnaces used 
in this State. 
The energy standards must be comparable to the 
energy 
standards 
developed 
or 
being 
developed 
in 
other 
New 
England states. 
Rules adopted pursuant to this section are major 
substantive rules as defined in the Maine Revised Statutes. Title 
5. chapter 375. subchapter 2-A. 
Sec. 9. Availability of fuel-saving tires. 
The Governor's Office of 
Energy 
Independence 
and Security in the Executive Department. 
State Planning Office shall monitor efforts in other states to 
increase 
the 
availability 
of 
fuel-saving 
tires 
used 
by 
manufacturers 
in 
mileage 
tests 
conducted 
by 
the 
federal 
Environmental 
Protection 
Agency. 
The 
office 
may 
conduct 
independent research and analysis of efforts to increase the 
availability of fuel-saving tires. 
The office shall submit its 
report and recommendations, along with any necessary implementing 
legislation, to the joint standing committee of the Legislature 
having jurisdiction over utilities and energy matters by January 
15, 2007. 
7. 
G 
lO 
, 
') 
0_, L. 
SUMMARY 
This bill does the following: 
1. 
It requires the Commissioner of Education to ensure that 
facility managers 
for 
school administrative districts complete 
the 
building 
operators 
certification 
program 
established 
and 
conducted 
under 
the 
authority 
of 
the 
Public 
Utilities 
Commission. 
Certification goals of 50°" of facility managers by 
January 1, 2010 and 100°'0 of facility managers by January 1, 2015 
are established. 
The commission is required to annually report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over utilities and energy matters on the progress 
towards the goals and the energy savings that have been realized 
in school administrative districts as a result of the facility 
managers' completing the program; 
2. 
It amends current law that prohibits a municipality from 
adopting a building energy code other than the model building 
energy code developed by the Public Utilities Commission pursuant 
to the Maine Revised Statutes, Title 35-A, section 121. 
Under 
this bilL a municipality could opt out of adoption of the model 
building 
energy 
code 
by 
notifying 
the 
commission 
of 
the 
1T11.1llicipality's decision by January L 
2008. 
If a municipality 
fails to opt out, then it must adopt the model building energy 
code; 
3. 
I t 
expands the funding for the conservation programs 
estnblished 
hy 
the 
Public 
Utilities 
Corr.mission, 
known 
as 
"Efficiency Maine," by increasing the assessment on transmission 
and distribution utilities over a 3-year period to a maximum of 
.3 cent per kilowatt-hour beginning January 1, 2009; 
4. 
It requires the Public Utilities Commission to develop a 
net' 
compensation 
method 
for 
transmission 
and 
distribution 
utilities 
that 
is 
not 
tied 
to 
the 
amount 
of 
electricity 
consumed. 
The commission is required to submit its method to the 
joint standing committee of the Legislature having jurisdiction 
over utilities and energy matters by January 15, 2007; 
5. 
It requires the Public Utili ties Commission to seek a 
waiver from the federal Department of Energy for energy standards 
for residential furnaces and boilers. 
The commission is required 
to 
develop 
new 
standards 
for 
furnaces 
and 
boilers 
based 
on 
standards developed in other New England states; and 
6. 
It requires the Governor's Office of Energy Independence 
and Security in the Executive Department, State Planning Office 
to monitor efforts in other states to increase the availability 
of 
fuel-saving tires used 
by manufacturers 
in mileage 
tests 
conducted by the federal 
Environmental Protection Agency. 
The 
office is required to report its findings and recommendations to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over utilities and energy matters by January 15. 
2007.