An Act To Promote the More Efficient Use of Natural Gas
Maine Legislature, Session 122, LD 0397
Committee: Utilities and Energy
Sponsors: BLISS, BARTLETT, FITTS, FLETCHER, RINES

Legislative Document 
No. 397 
H.P.300 
House of Representatives, January 25,2005 
An Act To Promote the More Efficient Use of Natural Gas 
Submitted by the State Planning Office pursuant to Joint Rule 204. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BLISS of South Portland. 
Cosponsored by Senator BARTLETT of Cumberland and 
Il/~ 
/J7.11ld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representati ves: BRAUTIGAM of Falmouth, FITTS of Pittsfield, FLETCHER of Winslow, 
RINES of Wiscasset. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35·A MRSA §4711 is enacted to read: 
§4711. 
Conservation programs 
1. 
Programs. 
Each natural gas utility in the State that 
serves 
5,000 
or 
more 
residential 
consumers 
shall 
offer 
conservation programs designed to promote the efficient use of 
natural 
gas 
that 
are 
cost-effective 
pursuant 
to 
commission 
rules. 
In determining whether a program is cost-effective, the 
commission may consider the extent to which the program promotes 
sustainable 
economic 
development 
or 
reduces 
greenhouse 
gas 
emissions to the extent the commission can quantify or otherwise 
reasonably identify such effects. 
Consistent with 
the other 
requirements of this section, 
a gas utility, in adopting and 
implementing 
conservation 
programs, 
shall 
seek 
to 
encourage 
efficiency 
in 
natural 
gas 
use, 
provide 
incentives 
for 
the 
development of new, 
energy-efficient business activity in the 
State and take into account the cost and benefits of energy 
efficiency and conservation to existing business activity in the 
State. 
A. 
The 
gas utility shall consider, 
without 
limitation, 
conservation programs that: 
iJJ 
Increase 
consumer 
awareness 
of 
cost-effective 
options for conserving energy; 
(2) 
Create more favorable market conditions for the 
increased use of efficient products and services; and 
(3) 
Promote 
sustainable 
economic 
development 
and 
reduced environmental damage. 
B. 
The gas utility shall: 
(1) 
Apportion at least 
20% 
of available 
funds 
to 
programs 
for 
low-income 
residential 
consumers, 
as 
defined by the commission by rule; 
(2) 
Apportion at least 
20% 
of available 
funds 
to 
programs for small business consumers, 
as defined by 
the commission by rule; and 
(3) 
To the greatest extent practicable, apportion the 
remaining available funds in a manner that allows all 
other customers to have 
a 
reasonable opportunity to 
participate in one or more conservation programs. 
2. 
Cost recovery. 
The commission shall include in rates 
for a gas utility all costs incurred in compliance with this 
section and commission rules adopted under this section, as long 
as such costs have been prudently incurred. 
3. 
Funding level. 
Each gas utility to which this section 
applies shall undertake energy efficiency programs designed to 
operate wi thin a budget. 
upon full implementation, that is no 
less than 1% of the total revenues of the gas utility. 
4. 
Rules. 
The commission shall adopt rules necessary to 
implement this section. 
Rules ad9pted under this section are 
routine technical rules 
as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
5. 
Report. 
The commission shall report by December 1st of 
each year to the joint standing committee of the Legislature 
having 
jurisdiction over utilities 
and 
energy matters. 
The 
report must include: 
A. 
A description of actions taken by gas utilities pursuant 
to this section, including descriptions of all conservation 
programs 
implemented during the prior 12 months 
and all 
conservation 
programs 
that 
the 
gas 
utilities 
plan 
to 
implement during the next 12 months; 
B. 
A description of 
how 
the 
commission determines 
the 
cost-effectiveness 
of 
each 
conservation 
program 
and its 
assessment of the cost-effectiveness of programs implemented 
during the prior 12 months; 
C. 
TotgJ,~~P9sj ts into and expendJ tures from the progrQITl 
fund during the prior 12 months and projected deposits into 
and expendiLlJres from the program fund during the next 12 
months for each gas utility; and 
D. 
Any recommendations for changes to the laws relating to 
energy conservation by gas utilities. 
SUMMARY 
This bill requires gas utili ties that serve at least 5,000 
residential consumers 
to 
implement cost-effective conservation 
programs that promote sustainable economic development and reduce 
greenhouse gas emissions and other air pollutants. 
At least 40% 
of available program funds must be apportioned among low-income 
and 
small 
business 
customer 
programs, 
with 
the 
remainder 
apportioned to conservation programs that are available to all 
customers.