An Act To Rate Energy Efficiency and Carbon Emissions of Buildings Refe-re.nce to the Committee on Natural Resources suggested and ordered printed.
Maine Legislature, Session 124, LD 0935
Committee: Natural Resources
Sponsors: GOODALL, ALFOND, BARTLETT, BLISS, SIMPSON, DUCHESNE, EBERLE
Amends: 10 MRSA §9722

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 935 
S.P.357 
In Senate, March 10, 2009 
An Act To Rate Energy Efficiency and Carbon Emissions of 
Buildings 
Refe-re.nce to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator GOODALL of Sagadahoc. 
9rf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: ALFOND of Cumberland, BARTLETT of Cumberland, BLISS of 
Cumberland, SIMPSON of Androscoggin, Representatives: DUCHESNE of Hudson, EBERLE 
of South Portland. 
Printed 1111 I t"L:~ I.'b..l rapt.'!' 
Be it enacted by the People of the State of Maine as follows: 
Sec. L 10 MRSA §9722, sub-,§6, -;rJ, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
1. In the adoption and amendment of the Maine Uniform Building and Energy Code, 
ensure that nontraditional or experimental construction, including but not limited to 
straw bale and earth berm construction, is permissible under the code; aRd 
Sec. 2. 10 MRSA §9722, sub-§6, t!ffl(, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
K. In the adoption and amendment of the Maine Uniform Building and Energy Code, 
ensure that building materials from local sawmills, including but not limited to 
nongraded lumber, are permissible un~er the code.,.; and 
Sec. 3. 10 MRSA §9722, sub-§6,~, is enacted to read: 
L. 
Develop and administer the building energy and carbon performance rating 
program in accordance with chapter 1105. 
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Sec. 4. :10 MRSA c. nos is enacted to read: 
CHAPTER 1105 
MAINE BUILDING ENERGY AND CARBON PERFORMANCE RATING ACT 
§9741. Shorttitle 
This chapter may be known and cited as "the Maine Building Energy and Carbon 
Performance Rating Act. " 
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§9742. Definitions 
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As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
,1. Board., "Board" means the Department of Public Safety, Technical Building 
Codes and Standards Board established in Title 5, section 12004-G, subsection 5-A. 
2. Bureau. "Bureau" means the Department of Public Safety, Bureau of Building 
Codes and Standards established in Title 25, section 2372. 
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3. En~~gy and carbon performance database. "Energy and carbon performance 
database" or "database" means a database consisting of the report cards of all state 
buildings. 
4. Energy and carbon performance evaluator. "Energy and carbon pelformance 
evaluator" means a person certified by the bureau in accordance w'ith section 9743, 
subsection 2 to complete energy and carbon performance evaluations. 
Page I - 124LR0647(Ol)-1 
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5. Nonstate building. "Nonstate building" means any residential or nonresidential 
building that is not a state building. 
6. Program. "Program" means the building energy and carbon performance rating 
program established in section 9743. 
7. Significant renovation. "Significant renovation" means any renovation for which 
the cost exceeds 50% of the building's current value prior to renovation. 
8. State building. "State building" means a state-owned building or a privately 
owned building that leases space to the State. 
9. Report card. "Report card" means a uniform written document issued by an 
energy and carbon performance evaluator that summarizes the results of a program 
evaluation. 
§9743. Building energy and carbon performance rating program; established 
The board shall establish and administer a building energy and carbon performance 
certificate program for the purpose of evaluating and rating buildings in terms of energy 
efficiency and carbon emissions. The program must include, but is not limited to, a 
uniform building energy and carbon performance evaluation and rating system and report 
cards. In developing the standards for the program, the board shall consider the varying 
building stock in the State, including but not limited to residential, commercial, industrial 
and historic buildings. The bureau shall provide administrative and technical support to 
the board in the development and administration of the program. 
1. 
Report card. A repmi card must document, in summary form, the energy 
efficiency and carbon emissions ratings of a building as determined by a program 
evaluation conducted by an energy and carbon performance evaluator. The report card 
must also list specific recommendations to increase the energy efficiency and reduce the 
carbon emissions of the building. A report card is valid for 10 years from the date of 
issuance or until such a time that a significant renovation is made to the building, 
whichever comes first. 
2. Energy and carbon performance evaluators. The bureau, in consultation with 
the Executive Department, State Planning Office, shall establish or designate a training 
and certification program for energy and carbon performance evaluators. The training 
program must cover the administration of the program's uniform building energy and 
carbon performance evaluation and rating system and the report cards. 
3. Energy and carbon performance database. The bureau shall establish and 
maintain the energy and carbon performance database. 
The bureau shall post the 
database on a publicly accessible website. A repmi card for a state building must be 
added to the database and posted to the publicly accessible website within 90 days of the 
completion of a program evaluation of the building. 
§9744. State buildings 
1. Evaluation required. The owner of 'a· state "building shall have' the' building 
evaluated and rated every 10 years by an energy and carbon performance evaluatflr using 
the program's uniform buildin"g energy and carbon perforinance evaiu'ation and rating 
system. The initial evaluation of a state building must be' completed no later than January 
1, 2011. The cost of an evaluation required under this subsection is the responsibility of 
the owner of the building. 
2. Report card. A report card issued as a result of an evaluation required under 
subsection 1 must be· posted online in the energy and carbon performance database in 
accordance with section 9743, subsection 3. The energy and carbon performance ratings 
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for a state building as documented in the rep0l1 card may be used in negotiating the terms 
of future lease arrangements, but may not be used to impose any fees or fines relative to 
existing lease arrangements. 
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3. 
Exceptions. 
The board shall by rule establish limited exceptions to the 
requirements of this section, including but not limited to exceptions for state buildings 
that do not have heating· or cooling systems and' state buildings that do not have 
electricity. 
§9745. Nonstate buildings 
Except as provided in this section, the owner of a nonstate building is not required to 
have the building evaluated and rated by an energy and carbon performance evaluator. 
1. 
Initial sale of private building. 
When a private residential or commercial 
building that is required to conform to the Maine Uniform Building and Energy Code 
pursuant to section 9724 is sold for the first time after January 1, 2011, the seller shall 
have the building evaluated and rated by an energy and carbon performance evaluator and 
provide a copy of the valid building report card from that evaluation to the buyer at the 
time of the sale. 
2. Subsequent sale of private building. For any subsequent sale of a building 
subject to subsection 1, the seller shall provide to the buyer at the time of the subsequent 
sale: 
A. A copy of the valid building report card; 
B. Documentation of total heating fuel consumption per heating system or source for 
the prior 24 months; and, 
C. Documentation of total electricity consumption for the prior 24 months. 
§9746. Rules 
The board shall adopt rules to implement this chapter. Rules adopted pursuant to this 
section are routine technical rules as defined in TitleS, chapter 375, subchapter 2-A. 
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SUMMARY 
This bill establishes a building energy pelformance rating program for the purpose of 
evaluating and rating buildings in terms of energy efficiency and carbon emissions. The 
program includes a unifonn building energy perfonnance evaluation and rating system 
and report cards. The program is mandatory for state-owned buildings and buildings that 
lease space to the State. 
The program is voluntary for other buildings, except that 
disclosure of report cards is required at the time of the sale of certain private buildings 
beginning January 1, 2011. The program is administered by the Department of Public 
Safety, Technical Building Codes and Standards Board with administrative and technical 
support from the Department of Public Safety, Bureau of Building Codes and Standards.