An Act Regarding Maine's Energy Future f1
Maine Legislature, Session 124, LD 1485
House Amendment HA_A_H540 (House)
Amends: 35-A MRSA §3210

HOUSE AMENDMENT" 0 " to H.P. 1038, L.D. 1485, Bill, "An Act Regarding 
Maine's Energy Future" 
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Amend the bill by inselting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation establishes the Efficiency Maine Trust to operate an 
integrated suite of energy efficiency and renewable energy programs; and 
Whereas, it is necessary that the changes made by this legislation take effect as soon 
as possible for the maximum benefit of the people of the State to aid them in developing 
efficient uses of energy; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, ' 
Amend the bill in Palt B in section 3 in § 1 0104 in subsection 3 in the 2nd line (page 
6, line 5in L.D.) by inselting after the following: "performance" the following: 'for all 
programs it administers and' 
Amend the bill in Palt B in section 3 in § 10104 in subsection 4 in paragraph D in the 
8th line (page 7, line 11 in L.D.) by striking out the following: ", approving the plan with 
modifications or rejecting" and inselting the following: 'or rejecting the plan and stating 
the reasons for the rejection. The commission shall reject' 
Amend the bill in Palt B in section 3 in § 10104 in subsection 9 in the 2nd line (page 
10, line 5 in L.D.) by inselting after the following: "shall coordinate" the following: 
'with' 
Amend the bill in Part B in section 3 in § 10107 by striking out all of the indented 
paragraph (page 12, lines 32 to 34 in L.D.) and inselting the following: 
'Each trustee is an "executive employee" for purposes of Title 5, sections 18, 18-A 
and 19. A trustee or employee of the trust or a spouse or dependent child of any of those 
Page I - 124LRt989(08)-t 
HOUSE AMENDMENT 
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HOUSE A~ENDMENT"A" to H.P. 1038, L.D. 1485 
individuals may not receive any direct personal benefit from the activities of the trust in 
assisting any private entity. This section does not prohibit corporations or other entities 
with which a trustee is associated by reason of ownership or employment from 
participating in program activities with the trust if ownership or employment is made 
known to the board and the board or director abstains from voting on matters relating to 
that paJ1icipation.' 
Amend the bilI in Part B in section 3 in § 1 0108 by striking out all of the indented 
paragraph (page 12, lines 36 to 38 in L.D.) and inserting the folIowing: 
'AlI officers, directors, employees and other agents of the trust entrusted with the 
custody of funds of the trust or authorized to disburse the funds of the trust must be 
bonded either by a blanket bond or by individual bonds with a minimum limitation of 
$100,000 coverage for each person covered by the bond or bonds, or equivalent fiduciaJY 
liability insurance, conditioned upon the faithful performance of their duties. 
The 
premiums for the bond or bonds must be paid out of the assets of the trust.' 
Amend the bill in Part C in section 2 in subsection 1 in the 3rd line (page 31, line 34 
in L.D.) by striking out the folIowing: "Within 30 days" and inserting the folIowing: 'As 
soon as practicable' 
Amend the bill in Part C in section 2 in subsection 4 in the 2nd line (page 32, line 10 
in L.D.) by striking out the folIowing: "between October 1, 2009 and" and inserting the 
folIowing: 'retroactive to the director's first day of employment to' 
Amend the bilI in Part C in section 2 in subsection 5 in the 2nd line (page 32, line 20 
in L.D.) by inserting after the folIowing: "pursuant to" the folIowing: 'Title 35-A, section 
3210, subsection 5 and' 
Amend the bilI in Part E in section 3 in subsection 4-A in paragraph A in 
subparagraph (2) in the 5th and 6th lines (page 41, lines 8 and 9 in L.D.) by striking out 
the folIowing: "Maine Energy, Housing and Economic Recovery Fund created in Title 
30-A, section 4863" and insel1ing the folIowing: 'Housing Opportunities for Maine Fund 
created in Title 30-A, section 4853' 
Amend the bilI in Pal1 E in section 3 in subsection 4-A in paragraph B in 
subparagraph (2) in the 5th and 6th lines (page 41, lines 17 and 18 in L.D.) by striking out 
the folIowing: "Maine Energy, Housing and Economic RecoveJY Fund created in Title 
30-A, section 4863" and inserting the folIowing: 'Housing Opp011unities for Maine Fund 
created in Title 30-A, section 4853' 
Amend the bill in Part F in section 5 by striking out alI of subsection 2 and inserting 
the folIowing: 
'2. Prohibition. 
A state authority may not enter into a significant occupancy 
agreement alIowing the instalIation of energy facilities in state transportation corridors 
until a law approving a plan governing such agreements is enacted. A state authority may 
not issue a permit for an energy facility greater than 75 miles in length on land other than 
the submerged lands of this State or outside the territorial waters of this State as defined 
in the Maine Revised Statutes, Title 12, section 6001, subsection 48-B until this section is 
repealed, except that: 
HOUSE AMENDMENT 
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HOUSE AMENDMENT" A" to H.P. 1038, L.D. 1485 
A. An application from such an energy facility may be processed by a state authority 
up to, but not including, final decision on the application; 
B. Any applications processed by the DepaItment of Environmental Protection or the 
Public Utilities Commission that may require adjudicatory proceedings or permit 
application review may not proceed beyond creation ofthe evidentiary record; and 
C. Any action, proceeding or decision by a state authority pertaining to such an 
application is governed by any law enacted pursuant to section 4, subsection 6. 
A state authority may not sell or lease public lands as that term is used in Title 35-A, 
section 3132, subsection 13 for the installation of an energy facility greater than 75 miles 
in length until a law approving a plan governing the sale or lease of state lands for such 
installations is enacted or until the energy facility receives a certificate of public 
convenience and necessity pursuant to Title 35-A, section 3132. Notwithstanding any 
other statutory provision or exemption, any person proposing to construct a transmission 
line greater than 75 miles in length and operating at greater than 69 kilovolts must obtain 
a celtificate of public convenience and necessity as required by Title 35-A, section 3132.' 
Amend the bill in PaIt F in section 5 in subsection 3 by inselting at the end the 
following: 'This section does not apply to an energy facility that is an eligible project 
under Title IV of the federal American Recovery and Reinvestment Act of 2009 if that 
project has received notification from the United States DepaItment of Energy or its 
agents that the energy facility has been granted a federal loan guarantee under that Act.' 
Amend the bill by inselting after Palt J the following: 
'PARTK 
Sec. K-1. 35-A MRSA §3210, sub-§5, as amended by PL 2007, c. 644, §§ 1 to 3, 
is fillther amended to read: 
5. Funding for research and development; community demonstration projects. 
The commission and the Efficiency Maine Trust, established pursuant to chapter 97, by 
rule shall establish and administel; a program allowing retail consumers of electricity to 
make voluntary contributions to fund renewable resource research and development and 
to fund community demonstration projects using renewable energy technologies. :J=fle 
program must: 
A. Include The commission shall establish a mechanism for customers to indicate 
their willingness to make contributionst.!. 
B. Provide The commission shall provide that transmission and distribution utilities 
collect and account for the contributions and forward them to the commissiont.!. 
C. 
Provide The commission shall provide for a distribution of the funds to the 
University of Maine System, the Maine Maritime Academy or the Maine Community 
College System for renewable resource research and developmentt.!. 
D. Provide The Efficiency Maine Trust shall provide for a distribution of the funds 
to Maine-based nonprofit organizations that qualify under the federal Internal 
Revenue Code, Section 501 (c)(3), consumer-owned transmission and distribution 
utilities, community-based nonprofit organizations, community action programs, 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "A "to H.P. 1038, L.D. 1485 
municipalities, quasi-municipal corporations or districts as defined in Title 30-A, 
section 2351 and school administrative units as defined in Title 20-A, section 1 for 
community demonstration projects using renewable energy technologies-;--aOO~ 
E. Provide The Efficiency Maine Trust shall provide for an annual distribution of 
35% of the funds to the Maine Technology Institute to support the development and 
commercialization of renewable energy technologies. 
Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
Sec. K-2. 35-A MRSA §3210, sub-§6, as amended by PL 2007, c. 18, §2, is 
further amended to read: 
6. Fund. There is established the Renewable Resource Fund, referred to in this 
subsection as the "fund." The fund is a non lapsing fund administered by the commission 
Efficiency Maine Trust, established pursuant to chapter 97. All funds collected by the 
commission pursuant to subsection 5 must be transferred to the Efficiency Maine Trust 
and deposited in the fund for distribution by the commission and the Efficiency Maine 
Trust in accordance with subsection 5. The commission Efficiency Maine Trust may 
seek and accept funding for the program established pursuant to subsection 5 from other 
sources, public or private. 
Any funds accepted for use in the program established 
pursuant to subsection 5 must be deposited in the fund. 
Sec. K-3. 35-A MRSA §3210, sub-§6-A, as enacted by PL 2007, c. 18, §3, is 
amended to read: 
6-A. Renewable Resource Fund report. The commission Efficiency Maine Trust, 
established pursuant to chapter 97, shall repOli by December 1 st of each year to the joint 
standing committee of the Legislature having jurisdiction over utilities and energy 
matters on the Renewable Resource Fund established in subsection 6 and referred to in 
this subsection as "the fund." The report must include: 
A. 
A description of actions taken by the commission Efficiency Maine Trust 
pursuant to subsections 5 and 6 during the prior 12 months; 
. 
B. An accounting of total deposits into and expenditures from the fund during the 
prior 12 months; and 
C. 
A description of any research and development or community demonstration 
project that received a distribution from the fund during the prior 12 months, 
including its objectives, current status and results. 
Sec. K-4. Appropriations and allocations. The following appropriations and 
allocations are made. 
EFFICIENCY MAINE TRUST 
Renewable Resource Fund Z052 
Initiative: Allocates funds to reflect the transfer of the Renewable Resource Fund from 
the Public Utilities Commission to the Efficiency Maine Trust. 
HOUSE AMENDMENT 
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I-lOUSE AMENDMENT "A "to H.P. 1038, L.D. 1485 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
EFFICIENCY MAINE TRUST 
DEP ARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
II 
PUBLIC UTILITIES COMMISSION 
Renewable Resource Fund Z052 
2009-10 
$0 
$0 
2009-10 
$0 
$0 
2010-11 
$75,000 
$75,000 
2010-11 
$75,000 
$75,000 
Initiative: Deallocates funds to reflect the transfer of the Renewable Resource Fund from 
the Public Utilities Commission to the Efficiency Maine Trust. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
PUBLIC UTILITIES COMMISSION 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2009-10 
$0 
$0 
2009-10 
$0 
$0 
2009-10 
$0 
$0 
Amend the bill by insel1ing at the end before the summary the following: 
2010-11 
($75,000) 
($75,000) 
2010-11 
($75,000) 
($75,000) 
2010-11 
$0 
$0 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT" R" to H.P. 1038, L.D. 1485 
SUMMARY 
This amendment: 
1. Specifies that the Efficiency Maine Trust shall develop measures of performance 
for all programs it administers; 
2. Requires that, if the Public Utilities Commission rejects the proposed triennial 
plan, it state its reasons for rejecting the plan; 
3. Specifies that the spouse or dependent child of a trustee of the Efficiency Maine 
Trust or trust employee may not receive any direct benefit from the trust and authorizes 
corporations with which a trustee is associated to participate in programs if there is 
disclosure to the Efficiency Maine Trust Board andrecusal by that trustee; 
4. 
Requires bonding with a minimum limitation of $100,000 coverage for each 
person covered; 
5. Requires appointment of the Director of the Efficiency Maine Trust as soon as 
practicable after Senate confirmation of the board; 
6. Requires the Director of the Efficiency Maine Trust to prepare a budget for the 
period from the director's first day of employment to July 1, 2010; 
7. 
Amends the law governing the Renewable Resource Fund to allocate 
responsibility to the Efficiency Maine Trust for distributing cel1ain funds, administering 
the fund and reporting on the fund; 
8. Provides that the prohibitions associated with the legislative review of corridor 
plans do not apply to an energy facility that is an eligible project under the federal 
American Recovery and Reinvestment Act of 2009 if the energy facility has been granted 
a federal loan guarantee under that Act; 
9. Corrects the name of a fund; 
10. Provides that an application for an energy facility greater than 75 miles in length 
may be processed by a state authority up to but not including final decision on the 
application, that any applications that may j'equire adjudicatory proceedings or permit 
application review may not proceed beyond creation of the evidentiary record and that 
any action, proceeding or decision pel1aining to such an application is governed by law 
enacted pursuant to this legislation; and 
11. Adds an emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: 
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(RepresentatIve ~'RTIN, J. L.) 
TOWN: Eagle Lake 
HOUSE AMENDMENT 
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Revised: 06/04/09 
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LD 1485 
LR 1989(08) 
An Act Regarding Maine's Energy Future 
Fiscal Note for House Amendment "~,, 
Sponsor: Rep. Martin of Eagle Lake 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Pmjections 
2011-12 
Projections 
2012-13 
Appropriations/Allocations 
Other Special Revenue Funds 
T.-ansfers· 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$0 
$0 
$0 
$0 
$0 
$0 
This amendment adjusts allocations to implement the transfer of the Renewable Resource Fund program from the 
Public Utilities Commission to the Efficiency Maine Trust effective July 1,2010. The amendment also adds an 
emergency preamble. 
LRI989(08) - Fiscal Note - Page I of I 
$0 
$0