An Act to Enhance Maine's Energy Independence and Security
Maine Legislature, Session 122, LD 2041
Committee Amendment CA_A-SA_A_S628 (Senate)

SENATE 
AMENDMENT "4· to COMMITTEE 
AMENDMENT 
"A" 
1439, 
L.D. 
2041, 
BilL 
"An 
Act 
To 
Enhance 
Maine' s 
Independence and Security" 
to H.P. 
Energy 
Amend 
the 
amendment by striking out all of Part D and 
inserting in its place the following: 
'PARTD 
Sec. D-l. Maine Energy Council. 
1. 
Council established. 
The Maine Energy Council, referren 
to in this section as "the council," is established to evaluate 
matters affecting electricity supply and costs to consumers in 
this State and to provide recommendations to the Governor, the 
Public Utilities Commission, other appropriate state agencies and 
the Legislature regarding these matters. 
2. 
Membership. 
The 
council 
consists 
of 
members. 
Appointing authorities shall seek to ensure representation of all 
areas of the State. 
Members are appointed as follows: 
A. 
Two members of the Senate, appointed by the President of 
the Senate, one of whom must be a member of the political 
party holding the largest number of seats in the Senate and 
one of whom must be a member of the political party holding 
the 2nd-largest number of seats in the Senate; 
Page l-LR3152(4) 
SENATE AMENDMENT 
SENATE AMENDMENT "4" to COMMITTEE 
AMENDMENT 
"A" to H.P. 1439, 
L.D. 2041 
B. 
Two members of the House of Representatives, appointed 
by the Speaker of the House of Representatives, one of whom 
must be a member of the political party holding the largest 
number of seats in the House and one of whom must be a 
member of the political party holding the 2nd-largest number 
of seats in the House; 
C. 
The chair of the Public Utilities Commission or the 
chair's designee; 
D. 
The Public Advocate or the Public Advocate's designee; 
E. 
The 
Commissioner 
of Environmental Protection or 
the 
commissioner's designee; 
F. 
One member representing the Governor's office, appointed 
by the Governor; and 
G. 
Nine persons appointed by the Governor, including: 
(1) 
One member from the University of Maine System who 
has expertise in energy issues; 
(2) 
One 
member 
representing electricity generators 
with a capacity in excess of 100 megawatts; 
(3) 
One 
member 
representing electricity generators 
that rely on renewable energy resources; 
(4) 
One 
member 
representing 
competitive electricity 
providers; 
( 5) 
One 
member 
representing 
residential 
users 
of 
electricity; 
( 6 ) 
One member representing large industrial users of 
electricity; 
(7) One member representing small commercial users of 
electricity; 
(8) One member representing investor-owned transmission 
and distribution utilities; and 
(9) One member representing consumer-owned transmission 
and distribution utilities. 
The Governor shall request 
entities 
identified 
in 
appointments. 
a list of names from organizations or 
paragraph 
G 
from 
which 
to 
make 
SENATE AMENDMENT 
-
.,~ 
SENATE AMENDMENT 
L. D. 2041 
to COMMITTEE AMENDMENT "A" to H.P. 1439, 
3. 
Chairs. 
The 
first-named 
Senate 
member 
and 
the 
first-named House member serve as cochairs of the council. 
4. 
Appointments: convening of council. 
All appointments 
must be made no later than 30 days following the effective date 
of 
this 
Act. 
The 
appointing 
authorities 
shall 
notify 
the 
Executive 
Director 
of 
the 
Legislative 
Council 
once 
all 
appointments 
have 
been 
completed. 
Wi thin 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the council. 
5. 
Compensation. 
The legislative members of the council 
are entitled to receive the legislative per diem, as defined in 
the Maine Revised Statutes, Title 3, section 2, and reimbursement 
for 
travel 
and 
other 
necessary 
expenses 
related 
to 
their 
attendance at authorized meetings of the council. 
Public members 
not otherwise compensated by their employers or other entities 
that they represent are entitled to receive 
reimbursement of 
necessary 
expenses 
and, 
upon 
a 
demonstration 
of 
financial 
hardship, a per diem equal to the legislative per diem for their 
attendance at authorized meetings of the council. 
6. 
Staffing. 
The staff of the Public Utilities Commission 
shall, 
within existing 
resources, 
provide 
assistance 
to 
the 
council in carrying out its functions and duties. 
7. 
Duties. 
The council shall: 
A. 
Advise the Governor, 
the Public Utilities Commission, 
other 
appropriate state agencies 
and the Legislature 
on 
matters affecting electricity supply and costs to consumers 
in this State: 
B. 
As resources permit, undertake studies, develop findings 
and make recommendations to the Governor and to the joint 
standing committee of the Legislature having jurisdiction 
over 
utilities matters 
on 
issues 
affecting 
electricity 
supply or costs to consumers in this State; and 
C. 
Undertake 
an 
examination 
of 
appropriate 
means 
of 
studying 
the 
industry restructuring in this State. 
the 
feasibility 
and 
impacts 
of 
electric 
8. Authority. 
As resources permit, the council may: 
A. Conduct public hearings, conferences, workshops and other 
meetings 
to 
obtain 
information 
about 
and 
discuss 
and 
publicize 
the 
needs 
of 
and 
solutions 
to 
issues 
facing 
electricity consumers in this State; and 
SENATE AMENDMENT 
SENATE AMENDMENT 
.. A .. to COMMITTEE AMENDMENT "A" to H. P. 1439, 
L.D. 2041 
1\ 
B. 
At the request of the joint standing committee of the 
Legislature 
having 
jurisdiction 
over 
utilities 
matters, 
examine specific issues affecting electricity consumers in 
this State. 
9. 
Report. 
No later than January 15, 2007, the council 
shall 
submit 
a 
report 
that 
includes 
its 
findings 
and 
recommendations, 
including 
suggested 
legislation, 
for 
presentation to the joint standing committee of the Legislature 
having jurisdiction over utilities matters and the Legislative 
Council. 
The 
council 
is 
not 
authorized 
to 
introduce 
legislation. 
Following receipt and review of the report, the 
joint standing committee of the Legislature having jurisdiction 
over utilities matters may report out a bill to the First Regular 
Session of the 123rd Legislature. 
10. 
Extension. 
If the council requires a limited extension 
of time to complete its study and make its report, it may apply 
to the Legislative Council, which may grant an extension. 
11. 
Council 
budget. 
The 
chairs 
of 
the 
council, 
with 
assistance from the council staff, shall administer the council's 
budget. 
Within 10 days after its first meeting, 
the council 
shall present a work plan and proposed budget to the Legislative 
Council for its approval. 
The council may not incur expenses 
that 
would 
result 
in 
the 
council's 
exceeding 
its 
approved 
budget. 
Upon request from the council, the Executive Director of 
the Legislative Council shall promptly provide the council chairs 
and 
staff 
with 
a 
status 
report 
on 
the 
council 
budget, 
expenditures incurred and paid and available funds.' 
SUMMARY 
This amendment amends Committee Amendment "A" to establish 
the Maine Energy Council as a one-year study council. 
SPONSORED BY; 
(Senator GAGNON) 
COUNTY: 
Kennebec 
FISCAL '\OTE REQURED 
(See attached) 
SENATE AMENDMENT 
Legislative Study 
Approved: 04/25106 .;:t?ac:.. 
LD 2041 
LR 3152(04) 
An Act to Enhance Maine's Energy Independence and Security 
Fiscal Note for Senate Amendment "A" to Committee Amendment ,A" 
Sponsor: Sen. Gagnon 
Fiscal Note Required: Yes 
Fiscal Note 
Limits study to one year 
This amendment eliminates any future ongoing legislative costs by changing this from an ongoing Title 5 Commission 
to a one year study. The projected General Fund cost for four legislators to serve one year as members of the Maine 
Energy Council is $1,680 in fiscal year 2006-07 and will be funded within the Legislature's current study budget. 
LR3152(4) - Fiscal Note - Page 1 of 1