An Act To Protect Maine's Energy Sovereignty through the Designation of Energy Infrastructure Corridors and Energy Plan Development
Maine Legislature, Session 123, LD 2255
Committee Amendment CA_B_S562 (Senate)
Amends: 5 MRSA §3304, 5 MRSA §3327

Minority 
COMMITTEE AMENDMENT" t3" to S.P. 885, L.D. 2255, Bill, "An Act To 
Protect Maine's Energy Sovereignty through the Designation of Energy Infrastructure 
Corridors and Energy Plan Development" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Promote Maine's Energy Sovereignty through Energy Plan 
Development' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 2 MRS A §9 is enacted to read: 
§9. Governor's Office of Energy Independence and Security 
1. Office established. The Governor's Office of Energy Independence and Security, 
referred to in this section as "the office," is established in the Executive Department to 
carry out responsibilities of the State relating to energy resources, planning and 
development. The office is directly responsible to the Governor. 
2. Director. The office is under the control and supervision of the Director of the 
Governor's Office of Energy Independence and Security, referred to in this section as "the 
director." The director is appointed by the Governor and serves at the pleasure of the 
Governor. 
3. Duties. The director is responsible for the execution of the duties of the office. 
The director shall: 
A. Chair the Energy Resources Council, established under Title 5, section 3327; 
B. 
In collaboration with the Energy Resources Council and other relevant state 
agencies, coordinate state energy policy; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "8 " 
to S.P. 885, L.D. 2255 
C. Prepare and submit a comprehensive state energy plan to the Governor and the 
Legislature by January 15,2009 and every 2 years thereafter; 
D. In collaboration with other relevant state agencies, private industry and nonprofit 
organizations, collect and analyze energy data, including, but not limited to, data on 
energy supply, demand and costs in this State with consideration of all available 
energy sources; 
E. Coordinate the dissemination of energy information to the public and the media; 
F. Provide technical assistance and information to the Governor and the Legislature 
regarding the State's short-range and long-range energy needs and the resources to 
meet those needs; 
G. Seek funds and partnerships with public and private sources to support the goals 
of the office, including, but not limited to, promoting energy efficiency, demand-side 
management and distributed generation; 
H. Work with transmission and distribution utilities, state agencies involved in the 
permitting of energy generation facilities and other relevant entities to negotiate 
agreements that create value for electricity consumers with developers of renewable 
generation who are interested in building energy generation facilities or developing or 
utilizing energy transmission infrastructure in this State. This paragraph does not 
authorize the director to be a signatory to any such agreement unless that authority is 
otherwise granted by law. The director shall report on activities undertaken pursuant 
to this paragraph by February 1, 2009, and annually thereafter, to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters; 
I. Monitor energy transmission capacity planning and policy affecting this State and 
make recommendations to the Governor and the Legislature as necessary for changes 
to the relevant laws and rules to facilitate energy infrastructure planning and 
development; and 
J. Take action as necessary to carry out the goals and objectives of the state energy 
plan prepared pursuant to paragraph C. 
Sec. 2. 5 MRSA §3304, sub-§3, ~,as enacted by PL 1989, c. 501, Pt. DO, §7, 
is repealed. 
Sec. 3. 5 MRS A §3327, sub-§l, as amended by PL 2005, c. 425, §2, is further 
amended to read: 
1. 
Council established; membership. 
In order to facilitate more effective 
interagency coordination of the State's activities regarding energy issues, the Energy 
Resources Council, referred to in this chapter as the "council," is established. The chair 
of the council is the Director of the State PlaHHing Office Governor's Office of Energy 
Independence and Security within the Executive Department, who is responsible for 
ensuring that the council carries out its responsibilities under this chapter. 
The 
membership of the council is as follo'Ns also includes: 
A. The Director of the State Planning Office or the director's designee; 
B. The chair of the Public Utilities Commission or the chair's designee; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "13 " to S.P. 885, L.D. 2255 
C. The Commissioner of Environmental Protection or the commissioner's designee; 
D. The Public Advocate or the Public Advocate's designee; 
E. The Commissioner of Transportation or the commissioner's designee; 
F. 
The Commissioner of Administrative and Financial Services or the 
commissioner's designee; 
G. 
The Commissioner of Economic and Community Development or the 
commissioner's designee; 
H. The Director ofthe Maine State Housing Authority or the director's designee; and 
I. The Commissioner of Conservation or the commissioner's designee. 
Sec. 4. 5 MRS A §3327, sub-§3, as amended by PL 2003, c. 487, § 1, is further 
amended to read: 
3. Quarterly meetings; staff; funding. The council shall meet at least quarterly. 
The council shall prepare a work program plan for each year establishing that outlines 
anticipated activities and establishes priorities among its efforts. The £tate Planning 
Office, \,,'ithin the Executive Department, Governor's Office of Energy Independence and 
Security shall provide staff support to the council. Funding to support the work of the 
council and its staff is as follows. 
A. A state agency applying for funds under the State Energy Program of the United 
States Department of Energy pursuant to 10 Code of Federal Regulations, Part 420 
shall, as directed by the council, apply for funds to support the work of the council 
and its staff. 
B. 
To the extent funds available pursuant to paragraph A are insufficient to fund 
fully staff support for the council, each member of the council shall enter into an 
agreement with the £tate Planning Office Executive Department, Governor's Office 
of Energy Independence and Security to share in the cost of providing the staff 
support. 
C. The council may seek, and the Public Utilities Commission may provide, funds to 
the council pursuant to Title 35-A, section 3211-A, subsection 5-A. 
Sec. 5. 5 MRSA §3327, sub-§4, as enacted by PL 2001, c. 630, §1, is amended to 
read: 
4. Report; legislative oversight. By January 15th of each year, the chair of the 
council shall prepare and submit to the Governor and to the joint standing committee of 
the Legislature having jurisdiction over utilities and energy matters an annual report 
describing the council's activities during the previous calendar year and an outline of 
anticipated activities the council's work plan for the current calendar year. The report 
must also include an evaluation of the council's effectiveness in meeting the requirements 
of this chapter and the adequacy of available staffing resources. The report may include 
recommendations for changes to law regarding energy policy. After receiving a receipt 
and review of the annual report required under this subsection, the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters may 
report out submit legislation relating to energy policy. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,..t " 
to S.P. 885, L.D. 2255 
Sec. 6. National electric transmission congestion and national interest 
corridors; monitoring and report. 
The Public 
Utilities Commission, in 
collaboration with the Executive Department, Governor's Office of Energy Independence 
and Security and the Office of the Public Advocate, referred to in this section collectively 
as "the agencies," shall monitor proceedings and developments at the federal level and in 
other states related to the United States Department of Energy's National Electric 
Transmission Congestion Study and the designation of national interest electric 
transmission corridors pursuant to the federal Energy Policy Act of 2005. No later than 
January 31, 2009, the agencies shall submit a summary of their findings and 
recommendations, including policy options available to the State with respect to electric 
transmission infrastructure, along with suggested legislation to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters. After 
receipt and review of the report, the joint standing committee of the Legislature having 
jurisdiction over utilities and energy matters may submit legislation to the First Regular 
Session of the 124th Legislature relating to the subject matter of this section.' 
SUMMARY 
This amendment is the minority report of the committee. The amendment strikes the 
portions of the bill relating to the designation of energy infrastructure corridors and long-
term contracting for capacity resources and associated energy. The amendment preserves 
the portion of the bill regarding the Executive Department, Governor's Office of Energy 
Independence and Security, as amended in the majority report. The amendment adds a 
provision to the bill to require the Public Utilities Commission, the Governor's Office of 
Energy Independence and Security and the Office of the Public Advocate to monitor 
proceedings and developments related to the United States Department of Energy's 
National Electric Transmission Congestion Study and the designation of national interest 
electric transmission corridors pursuant to the federal Energy Policy Act of 2005 and 
submit a report, including findings, recommendations and suggested legislation, to the 
joint standing committee of the Legislature having jurisdiction over utilities and energy 
matters by January 31, 2009. The committee is authorized to submit legislation on this 
subject after receipt and review of the report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/02/08 
~ae 
LD 2255 
LR 3411(03) 
An Act To Protect Maine's Energy Sovereignty through the Designation of Energy Infrastructure 
Corridors and Energy Plan Development 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" B " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The additional costs associated with this legislation can be absorbed by the Public Utilities Commission, the 
Governor's Office of Energy Independence and Security and the Public Advocate utilizing existing budgeted 
resources. 
LR3411(03) - Fiscal Note - Page 1 of 1