An Act To Promote Residential and Commercial Energy Conservation No. 2179 January 31, 2008
Maine Legislature, Session 123, LD 2179
Committee: Utilities and Energy
Sponsors: BARTLETT, HINCK, BROMLEY, DOW, TURNER, BERRY, BLISS, PINGREE, RECTOR, SMITH
Amends: 10 MRSA §1415-C, 10 MRSA §9707, 30-A MRSA §4451, 35-A MRSA §121, 36 MRSA §5219-B

Legislative Document 
S.P.841 
An Act To Promote Residential and Commercial Energy 
Conservation 
No. 2179 
January 31, 2008 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative HINCK of Portland and Senators: BROMLEY of Cumberland, 
DOW of Lincoln, TURNER of Cumberland, Representatives: BERRY of Bowdoinham, BLISS 
of South Portland, PINGREE of North Haven, RECTOR of Thomaston, SMITH of Monmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1415-C, sub-§3, as amended by PL 2005, c. 350, §7 and 
affected by § 1 6, is further amended to read: 
3. Residential buildings. Effective January 1, ;tOO6 2010, any new construction, 
remodeling or substantial renovation of a conditioned space in a residential building must 
conform to the model building energy code adopted by the Public Utilities Commission 
under Title 35-A, section 121. Any new construction or renovation of a conditioned 
space in any residential building of more than 2 dwelling units for which a permit was 
issued on or after January 1,2006 but before January 1,2009 must conform to: 
A. 
Chapter 11 of the International Residential Code for One- and Two-Family 
1 
Dwellings adopted by the International Code Council in 2003 or the 2003 edition of 
the International Energy Conservation Code published by the International Code 
Council; and 
B. 
The standards adopted by ASHRAE in 2003 for ventilation practices in 
residential low-rise building construction entitled "Ventilation and Acceptable Indoor 
Air Quality in Low-Rise Residential Buildings," commonly referred to as ASHRAE 
62.2-2003. 
Sec. 2. 10 MRSA §9707 is enacted to read: 
§9707. 
Effect on building energy codes, energy inspections and energy code 
inspectors 
Except for the provisions of section 9703, the provisions of this chapter have no 
effect on the application of the model building energy code adopted by the Public 
Utilities Commission under Title 35-A, section 121 and the certification, training and 
conduct of energy code inspectors as certified under Title 30-A, section 4451. 
Sec. 3. 30-A MRSA c. 185, sub-c. 4 is enacted to read: 
SUBCHAPTER 4 
REGULATION AND INSPECTION OF BUILDING ENERGY 
STANDARDS 
§4224. Compliance and consumer protection 
1. Plan required. Effective January 1,2009, an application for a building permit for 
construction of a commercial building subject to the provisions of Title 10, section 1415-
D must include plans and specifications showing all pertinent data and features of the 
building'S envelope, mechanical equipment, lighting equipment and motors. The plan 
must be signed or stamped by an energy code inspector. An energy code inspector may 
sign or stamp a plan only when there is sufficient detail to determine whether the plan as 
designed will comply with the model building energy code adopted by the Public Utilities 
Commission under Title 35-A, section 121. The energy code inspector may require that 
Page I - 123LR2902(OI)-1 
sufficient evidence be submitted to substantiate claims made regarding performance 
capabilities. Effective January 1, 2010, the provisions of this subsection apply to all 
applications for building permits for construction of residential buildings subject to the 
provisions of Title 10, section 1415-C. 
2. Certificate required. When construction or installation of a building or building 
equipment or systems subject to the plan required under subsection 1 is completed, the 
person responsible for the construction or installation shall notify the energy code 
inspector. The energy code inspector shall inspect the work within a reasonable time. If 
the energy code inspector finds that the construction or installation complies with the 
model building energy code adopted by the Public Utilities Commission under Title 35-
A, section 121, the inspector shall issue a certificate of compliance with the model 
building energy code to the person constructing the building or making the installation. 
The certificate must contain a representation of the energy performance of the building or 
systems. The developer or the building owner or owner's agent shall provide a copy of 
the signed certificate to the municipal building permit enforcement office. 
3. Disclosure of building energy inspection; performance. The provisions of this 
subsection apply to sales of residential and commercial buildings. 
A. A person offering for sale a residential or commercial building, the construction, 
renovation or remodeling of which is subject to the provisions of Title 10, section 
1415-C or 1415-D, respectively, shall supply to a prospective buyer a copy of the 
certificate of compliance required by subsection 2 together with other required real 
estate disclosure information. The certificate of compliance must be recorded at the 
registry of deeds at the time of the sale. 
B. Upon the first closing on a residential or commercial building occurring after 
January 1, 2010, the seller must receive a credit against the seller's transfer tax 
obligation pursuant to Title 36, section 4641-A in an amount equal to the cost of any 
eligible energy audit performed on the property and reported, in summary form, to 
prospective buyers together with other required real estate disclosure information 
prior to the purchase and sale agreement. The energy audit must have been paid for 
by the seller and performed by an energy auditor certified by the State Planning 
Office or the Public Utilities Commission or under a program of the United States 
Environmental Protection Agency that sets guidelines for qualifying homes as energy 
efficient and must identify specific cost-effective options for improvement of the 
building or make a finding that the building'S energy performance is calculated to be 
at least 75% more energy efficient than the requirements of the model building 
energy code adopted by the Public Utilities Commission under Title 35-A, section 
121. 
C. 
Upon a subsequent sale of a residential or commercial building after the 
building'S first sale under paragraph B, the seller shall supply to the buyer with other 
required real estate disclosure information a summary of the building'S energy 
performance, including but not limited to any energy performance measured or 
calculated by thermography or a home energy rating system established by the United 
States Department of Energy, and the building'S total consumption of electricity, 
natural gas and home heating oil in the prior 24-month period. 
I 
4. Energy code inspectors. The provisions of this subsection apply to energy code 
inspectors. 
A. A person may not hold the office of energy code inspector or conduct energy code 
inspections unless certified by the State Planning Office pursuant to section 4451. 
Certification is effective for a period of 5 years unless sooner revoked or suspended 
by the District Court as provided for in section 4451. 
B. In every municipality the municipal officers may appoint one or more energy 
code inspectors, who need not be residents of the municipality for which they are 
appointed. Energy code inspectors may be appointed for a term of one year or more 
and must be sworn, and the appointment must be recorded as provided in section 
2526, subsection 9. An individual properly appointed as an energy code inspector 
and satisfactorily performing the duties may continue in that capacity after the term 
has expired until replaced. The municipal officers shall notify the State Planning 
Office of the appointment of an energy code inspector in writing within 30 days of 
the appointment. Compensation of an energy code inspector is determined by the 
municipal officers and paid by the respective municipalities. The municipal officers 
may remove an energy code inspector for cause after notice and hearing. If the 
municipal officers do not appoint an energy code inspector, a developer or a building 
owner or owner's agent must contract with a 3rd-party energy code inspector for 
compensation to be determined between the contracting parties. 
C. Energy code inspectors shall: 
(1) Inspect all plans for construction and all construction and installation of new, 
remodeled or substantially renovated buildings for which permits are granted to 
ensure compliance with state rules and municipal ordinances and investigate all 
construction or work covered by those rules and ordinances; 
(2) Condemn and reject all work done or being done or material used or being 
used that does not comply with state rules and municipal ordinances and order 
changes necessary to obtain compliance; 
(3) Sign or stamp plans having sufficient information to ensure that the plan will 
comply with the model building energy code adopted by the Public Utilities 
Commission under Title 35-A, section 121 and issue a certificate of approval for 
any work that the inspector has approved; 
(4) Keep an accurate account of all fees collected and, unless a 3rd-party energy 
code inspector is employed, transfer those fees to the municipal treasurer; 
(5) Keep a complete record of all transactions; 
(6) Perform other duties as provided by municipal ordinance; and 
(7) Investigate complaints of alleged violations relating to the model building 
energy code and report findings to the municipal building permit enforcement 
office. 
Sec. 4. 30-A MRS A §4451, sub-§l, ~A, as amended by PL 1997, c. 296, §5, is 
further amended to read: 
A. 
An individual other than an individual appointed as a plumbing inspector or 
appointed or contracted as an energy code inspector has 12 months after beginning 
employment to be trained and certified as provided in this section; 
Sec. 5. 
30-A MRS A §4451, sub-§2-A, as enacted by PL 1991, c. 163, IS 
amended to read: 
2-A. Code enforcement officer; definition and duties. As used in this subchapter, 
"code enforcement officer" means a person certified under this section arui whether 
employed by a municipality or the State or, in the case of the model building energy code 
adopted by the Public Utilities Commission under Title 35-A, section 121, under a 3rd-
party contractual arrangement, to enforce all applicable laws and ordinances in the 
following areas: 
A. 
Shoreland zoning under Title 38, chapter 3, subchapter I 1, article 2-B; 
B. 
Comprehensive planning and land use under Part 2, Subpart ¥I-A 6-A; 
C. 
Internal plumbing under chapter 185, subchapter III .J; 
D. 
Subsurface wastewater disposal under chapter 185, subchapter III .J; arui 
E. 
Building standards under chapter 141; chapter 185, subchapter! 1; and Title 25, 
chapters 313 and 331.,. ; and 
F. Building energy codes under chapter 185, subchapter 4; Title 35-A, section 121; 
and Title 10, sections 1415-C and 1415-D. 
Sec. 6. 30-A MRSA §4451, sub-§3, as amended by PL 1997, c. 296, §7 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
3. Training and certification of code enforcement officers. In cooperation with 
the Maine Community College System, the Department of Environmental Protection arui 
~ the Department of Health and Human Services and state energy efficiency programs, the 
office shall establish a continuing education program for individuals engaged in code 
enforcement. This program must provide basic and advanced training in the technical 
and legal aspects of code enforcement necessary for certification. 
Sec. 7. 35-A MRSA §121, sub-§l-A is enacted to read: 
I-A. Additional and updated elements of the model rule. No later than October 
31, 2008, the commission shall adopt by rule any amendments to the model building 
1 
energy code necessary to incorporate codes and standards established in the most recent 
edition of and supplements to the International Energy Conservation Code published by 
the International Code Council at the time of approval of the rule and to update the code 
where it references ASHRAE Standard 90.1 for commercial buildings to the most recent 
published edition of ASHRAE Standard 90.1 at the time of approval of the rule. The 
model code must be updated at least once every 3 years. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 8. 35-A MRS A §121, sub-§2, as amended by PL 2005, c. 350, §15, is 
repealed and the following enacted in its place: 
2. 
Model code. The model building energy code applies to new construction, 
remodeling or renovation in the State and preempts other municipal building energy 
codes except when the commission issues, by order, a finding that a municipality has 
demonstrated it is successfully implementing and enforcing a building energy code more 
stringent, in terms of energy efficiency, than the model code. 
Sec. 9. 36 MRSA §5219-BB is enacted to read: 
§5219-BB. Tax credit for homes qualifying as energy efficient 
1. Credit. F or taxable years beginning on or after January I, 2009, in computing 
Maine adjusted gross income, a taxpayer may subtract 5% of the sales price, excluding 
commissions, taxes, interest, points and other brokerage, finance and escrow charges, of 
one or more single family residences, condominiums or town houses that are renovated 
and sold, or sold as new, by the taxpayer and are certified under a program of the United 
States Environmental Protection Agency that sets guidelines for qualifying homes as 
energy efficient under federal standards in effect at that time. The amount of the credit 
may not exceed $4,000 with respect to each new single family residence, condominium 
or town house. 
2. Determination by bureau. The bureau shall annually determine whether the 
number of residences receiving a credit under subsection 1 in a single year exceeds 5% of 
the new residences built in this State. If that is the case, the bureau shall increase the 
energy efficiency qualifying rating for the next taxable year by 5% above the standard in 
effect at that time under the program of the United States Environmental Protection 
Agency that sets guidelines for qualifying homes as energy efficient. 
3. Transfer of credit. A taxpayer may elect to transfer a credit under this section to 
the purchaser of the taxpayer's residence or to the financial institution that secures a 
mortgage or deed of trust on the residence. 
If the taxpayer transfers the credit, the 
taxpayer shall deliver to the purchaser or financial institution a written statement that the 
taxpayer has elected not to claim the credit and that the purchaser or financial institution 
may claim the credit, subject to the conditions and limitations prescribed by this section. 
Sec. 10. High-performance building standard incentives. Each municipality 
shall establish a component of its building permit fees for all residential and commercial 
building permit applications as its high-performance design fee. 
A high-performance 
design fee must be refunded to an applicant upon a demonstration that the building plans 
submitted with the application are designed to achieve a performance standard for energy 
efficiency according to the following schedule: 
1. A one hundred percent refund for plans designed to achieve 50% better energy 
efficiency performance than the requirements of the model building energy code as 
adopted by the Public Utilities Commission under the Maine Revised Statutes, Title 35-
A, section 121; and 
2. A fifty percent refund for plans designed to achieve 30% better energy efficiency 
performance than the model building energy code or the United States Environmental 
Protection Agency's Energy Star program qualified home standards. 
Unrefunded amounts must be used for municipalities' costs associated with 
administering high-performance design fees, enforcement of the model building energy 
code and the training and certification of building energy inspectors under the Maine 
Revised Statutes, Title 30-A, section 4451. 
SUMMARY 
This bill establishes a system for the regulation and inspection of building energy 
standards. It also creates a tax credit for homes certified as United States Environmental 
Protection Agency's Energy Star program qualified homes and creates a high-
performance building standard incentive.