An Act To Create Jobs through Investment in Green Energy Reference to the Joint Select Committee on Maine's Energy Future suggested and ordered printed.
Maine Legislature, Session 124, LD 1181
Sponsors: BERRY, BARTLETT, ADAMS, BLANCHARD, BLODGETT, BOLDUC, BRIGGS, BRYANT, BUTTERFIELD, CAIN, CAMPBELL, CAREY, CLARK, CLEARY, CONNOR, CROCKETT, DILL, DOSTIE, DRISCOLL, DUCHESNE, EATON, EVES, FLAHERTY, FLEMINGS, GOODE, HARLOW, HASKELL, HUNT, WALSH INNES, KAENRATH, KENT, KRUGER, LAJOIE, LEGG, LOVEJOY, MAGNAN, MARTIN, MAZUREK, MILLER, MORRISON, PENDLETON, PEOPLES, PERCY, PERRY, PETERSON, PINGREE, PIOTTI, PRATT, PRIEST, RANKIN, ROTUNDO, RUSSELL, SANBORN, SCHATZ, SOCTOMAH, STEVENS, STUCKEY, SUTHERLAND, THERIAULT, TREAT, TRINWARD, TUTTLE, VALENTINO, WHEELER, ALFOND, BUSS, BOWMAN, BRANNIGAN, CRAVEN, DAMON, JACKSON, MARRACHE, MILLS, MITCHELL, NUTTING
Amends: 5 MRSA §58, 5 MRSA §1830, 10 MRSA §363, 20-A MRSA §8606-A, 20-A MRSA §8606, 20-A MRSA §15697, 20-A MRSA §15903, 20-A MRSA §1590, 20-A MRSA §15915, 30-A MRSA §703, 30-A MRSA §903-B, 30-A MRSA §4741, 30-A MRSA §4748, 30-A MRSA §4992, 30-A MRSA §5725, 30-A MRSA §5953-C, 30-A MRSA §5954-A, 30-A MRSA §6006-A, 30-A MRSA §6006-B, 30-A MRSA §6006-C, 30-A MRSA §6006-D, 30-A MRSA §6006, 30-A MRSA §6006-F, 30-A MRSA §6008, 35-A MRSA §102, 35-A MRSA §103, 35-A MRSA §702, 35-A MRSA §702-A, 35-A MRSA §1302, 35-A MRSA §1311-B, 35-A MRSA §1508-A, 35-A MRSA §1702, 35-A MRSA §2903, 35-A MRSA §3132, 35-A MRSA §3195, 35-A MRSA §3210, 35-A MRSA §10004, 35-A MRSA §10009, 5 MRSA §12004-G, 35-A MRSA §10103, 10 MRSA §963-A, 10 MRSA §1043, 5 MRSA §3327, 30-A MRSA §4722, 35-A MRSA §117, 35-A MRSA §3153-A, 35-A MRSA §3210-B, 35-A MRSA §3211-C, 35-A MRSA §10007

Legislative Document 
No.1181 
H.P.822 
House of Representatives. March 25. 2009 
An Act To Create Jobs through Investment in Green Energy 
Reference to the Joint Select Committee on Maine's Energy Future suggested and ordered printed. 
Presented by Representative BERRY of Bowdoillham, 
Cosponsored by Senator BARTLETT of Cumberland and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BLANCHARD of Old TO\vn, BLODGETT of Augusta. 
BOLAND of Sanford, BOLDUC of Aubum, BRIGGS of Mexico, BRYANT of Windham, 
BUTTERFIELD of Bangor, CAIN of Orono, CAMPBELL of Newfield, CAREY of Lewiston, 
CASAVANT Of Biddeford, CLARK of Millinocket, CLEARY of Houlton, CONNOR of Kennebunk, 
CORNELL du HOUX of Brunswick, CROCKETT of Augusta, DILL of Cape Elizabeth, DOSTIE of 
Sabattus, DRISCOLL of Westbrook, DUCHESNE of Hudson, EATON of Sullivan. EBERLE of 
South Portland, EVES of North Berwick, FLAHERTY of Scarborough, FLEMINGS of Bar Harbor, 
GILBERT ofJay, GOODE of Bangor, HARLOW of Portland, HASKELL of Portland, HlLL of York. 
HINCK of Portland, HUNT of Buxton, WALSH INNES of Yarmouth, KAENRATH of South 
Portland, KENT of Woolwich, KRUGER of Thomaston, LAJOIE of Lewiston, LEGG of Kennebunk, 
LOVEJOY of Portland, MacDONALD of Boothbay, MAGNAN of Stockton Springs, MARTIN of 
Orono, MARTIN of Eagle Lake, MAZUREK of Rockland, McCABE of Skowhegan, MILLER of 
Somerville, MITCHELL of the Penobscot Nation, MORRISON of South Portland, PENDLETON of 
Scarborough,PEOPLES of Westbrook, PERCY of Phippsburg, PERRY of Calais, PETERSON of 
Rumford, Speaker PINGREE of North Haven, PIOTTI of Unity, PRATT of Eddington, PRIEST of 
Brunswick, RANKIN of Hiram, ROTUNDO of Lewiston, RUSSELL of Portland, SANBORN of 
Gorham, SCHATZ of Blue Hill, SIROIS ofTumer, SOCTOMAH of the Passamaquoddy Tribe, 
STEVENS of Bangor, STUCKEY of Portland, SUTHERLAND of Chapman, THERIAULT of 
Madawaska, TREAT of Hallowell, TRINWARD of Waterville, TUTTLE of Sanford, VALENTINO 
of Sa co? WAGNER of Lewiston, WEBSTER 6fFreeport, WHEELER of Kittery, WRlGHT of 
Berwick, Senators: ALFOND of Cumberland, BUSS of Cumberland, BOWMAN of York, 
BRANNIGAN of Cumberland, BRYANT of Oxford, CRAVEN of Androscoggin, DAMON of 
Hancock, GERZOFSKYofCumberland, JACKSON of Aroostook, MARRACHE of Kennebec, 
MILLS of Somerset, President MITCHELL of Kennebec, NUTTING of Androscoggin, PERRY of 
Penobscot, SCHNEIDER of Penobscot, SIMPSON of Androscoggin, SULLIV ANof York. 
Prinwd on rtC'ycl~d flllper 
Be it enacted by the People of the State of Maine as follows:· 
UnA 
Sec. A-I-. 5 MRSA §58 is enacted to read: 
§58. Consolidation of energy programs 
Any agency of State Government administering a program or measure related to 
energy efficiency, energy demand reduction, peak load reduction or distributed renewable 
energy technology as defined in Title 35-A, section 102, subsection 4-A in buildings, 
facilities and appliances shall, to the extent permitted by law, contract with Efficiency 
Maine established under Title 35-A, chapter 97 to administer the program, service or 
measure, unless both the agency and Efficiency Maine determine that such a contract 
would be less cost-effective than a different cooperative relationship. 
Regardless of 
whether administration by Efficiency Maine is permitted or undertaken, all agencies shall . 
coordinate with Efficiency Maine to ensure that such programs and measures are jointly 
marketed with Efficiency Maine, integrated with its programs arid constructed to faCilitate 
use of the program by users of Efficiency Maine's services. The Maine State Housing 
Authority and the Maine Municipal Bond Bank are exempted from the requirements of 
this section, except as otherwise provided by law. . 
' 
Sec. A-2. 5 'MRSA §17641-A; as corrected by RR 2003, c. 1, §2, is amenqed to 
read: 
§ 1764-A. Improvement of energy efficiency and usage of distributed renewable 
technology in state-funded construction 
1. Definitions. For purposes of this section, "substantially renovated" means any 
renovation for which the cost exceeds 50% of the building'S current value prior to 
renovation. As used in this seCtion, unless the context otherwise indicates, the following 
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terms have the following meanings. 
A. "Distributed renewable energy technology" has the same meaning as in Title 
35-A, section 102, subsection 4-A. 
B. . "Green design building standard" means an energy 'arid environmental design 
. 
green building rating standard adopted by rule by the board of Efficiency Maine, 
established in Title 35-A, chapter 97. Rules adopted under this paragraph are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A 
C. 
"Substantially renovated" means having had a renovation for which the cost 
exceeds 20% of the building'S current value prior to renovation. 
2. 
Rules. 
The BlJreali of General Services, in consultation with the Energy 
. Resources Council board of Efficiency Maine, established in Title 35-A, chapter 97, and .' 
the PubliC Utilities Commission, shall by rule require that all planning and design for the 
construction or new or substantially renovated state-owned or state-leased buildings; new 
lor substantially renovated buildings owned or leased by the. University of Maine System, 
the Maine Community College System or the Maine Maritime Academy; and buildings 
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built or substantially renovated with state funds, including buildings furided ~ 
through state bonds or the _Maine Municipal Bond Banle 
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A. 
Involve consideration of architectural designs and energy systems, including 
distributed renewable energy technology and load management' systems, that show 
the greatest net benefit over the life of the building by minimizing long-term energy 
and operating costs; 
, 
B. Inciude an energy-use target that exceeds by at least the greater of 20% above the 
energy efficiency standards iri effect for commercial and institutional buildings 
pursuant to Title 10, section 1415 D chapter 1103 and the green design building 
standard most closely related to the building and project type; and 
C. Include a l(fe-cycle cost analysis that explicitly considers cost and benefits over a 
minimum of 30 years and that explicitly includes the public health and environmental 
benefits associated with, energy-efficient building design and construction, to the 
extent they can be reasonably quantified. 
Rules adopted pursuant to this section apply to all new or substantially renovated state- , 
owned or state-leased buildings, new or substantially renovated buildings owned or 
leased by the University of Maine System, the Maine Community College System or the 
Maine Maritime Academy and'buildings built or substantially renovated with state funds, 
including buildings funded through state bonds or the Maine Municipal Bond Banlc, 
regardless of whether the planning and design for construction is s,ubject to approval by 
the department. 
Rules adopted pm:suant to this section may provide for exemptions, waivers or other 
appropriate consideration for buildings with little or no energy usage, such' as unheated 
sheds or warehouses. 
The Bureau of General Services shall adopt rules pursuant to this section by July 1,2004, 
Rules adopted pursuant to this section are r.outine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
3. Approval. A state agency responsible for approving the construction' of a new or 
substantially renovated state-owned or state-leased building, new or substantially 
renovated buildings owned or leased by the University of Maine System, the Maine 
COl1U11Unity College System or the Maine Maritime Academy and buildings built or 
substantially renovated with state funds, including buildings funded though through state 
bonds or the Maine Murpcipal Bond Banlc, may not grant such approval unless the 
agency or other entity or organization proposing the construction can show that it has 
duly considered the most energy-efficient and environmentally efficient designs suitable 
in accordance with rules adopted pursuant to this section and that the proposed 
construction project meets the standards described in subsection 2, paragraph B. 
Sec. A-3. 5 MRSA §1830, sub.;.§3, GjfB, as enacted by PL 2005, c, 386, Pt. H, 
§ 1 0, is amended to read: 
. 
B. 
Specifications for vehicles to be acquired by the State, includihg the highest 
feasible fuel economy standards, taking into account the range of projected fuel cost 
increases over the life of the vehicle; and 
Sec. A-4. Rules. The board of Efficiency Maine, in adopting rules under the Maine 
Revised Statutes, Title 5, section 1764-A defining the green design building standard, 
shall use the United States Green Building Council's leadership in energy and 
environmental design green building rating standard, referred to as the silver standard, or 
an equivalent performance-based standard, as long as whatever standard it adopts 
provides.a building energy 'efficiency standard that is at least 20% above the energy 
efficiency standards established for the relevant type of building under the Maine 
Unifom1 Building and Energy Code under Title 10, chapter 1103. 
PARTB 
Sec. B~1. 10 MRSA §363, sub-§4, as amended by PL 1999, c. 728, §3, is further 
amended to read: 
4. Allocation to Maine State Housing Authority. That portion of the state ceiling 
allocated under this section to the category of bonds for· housing. or housing-related 
purposes other than for Efficiency Maine projects as defined in section 963-A must be 
allocated to the Maine State Housing Authority, which may further allocate that portion· 
of the state ceiling to bonds for housing-related proj ects that require an allocation in order 
to qualify as tax-exempt bonds. Any further allocation or .reallocation of any portion of 
the state ceiling from the Maine State Housing Authority to another specific issuer 
designated in this section must be done in accordance with the requirements in subsection 
I-A. 
Sec. B-2. 10 MRSA §363, sub-§6, as amended by PL 1999, c. 728, §4, is further . 
. amended to read: 
. 
6. Allocation to the Finance Authority of Maine. That portion of the state ceiling 
allocated to the category of bonds that are limited obligations of the issuer payable solely 
from the revenues of the projects financed with the proceeds of the bonds, other than for 
housing-related projects or issues included in an issue of the Maine Municipal Bond 
Bank, as well as that portion of the state ceiling allocated to bonds authorized to be issued 
by the Finance Authority of Maine pursuant to Title 20-A, chapter 417-B and that portion 
of the state ceiling allocated to Efficiency Maine projects as defined in section 963-A, 
must be allocated to the Finance Authority of Maine, which may further allocate that 
portion of the state ceiling to bonds 'requiring an allocation in order to qualify as tax-
exempt bonds .. Any further allocation or reallocation of any portion of the state ceiling 
from the Finance Authority of Maine to another specific issuer designated in this section 
must be done in accordance with the requirements in subsection l-A~ 
Sec. B-3. 10 MRSA c. 1105 is enacted to read: 
CHAPTER 1105 
ENERGY AUDIT 
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§9751. Energy audit 
1. Audit required. Between the ~ffective date of this chapter and December 31, 
2018, every building and industrial facility in the State must have a thorough audit or 
series of audits by professionals meeting standards prescribed by Efficiency Maine 
pursuant to Title 35-A, section 10107, subsection 1, paragraphC, to identify gas; heat and 
electric energy efficiency and conservation, distributed renewable energy technology and 
effective load management measures that could be adopted for or installed at the building 
or facility that would have a payback period of up to 15 years, unless the building or 
facility: 
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A. Is scheduled for demolition before December 31, 2018; 
B. Meets or exceeds the green design building standard, as defined in Title 5, section 
1764-A; or 
C. 
Is otherwise exempted pursuant to rules adopted by the Public Utilities 
Corrimission. 
For purposes of this subsection, "distributed renewable energy technology" has the same 
meaning as.in Title 3'5-A, section 102, subsection 4-A. 
. 2. 
Entitlement to compensation. 
If the audit under subsection 1 is done in 
coordination with Efficiency Maine, established in Title 35-A, chapter 97, and in a 
manner consistent with any standards that Efficiency Maine may impose, Efficiency 
Maine shall pay for the reasonable cost of the audit and may contract directly with the 
auditor or auditors. 
. 
PARTC 
Sec. C-l. 20-A MRSA §8606-A, sub-§2, -,rC, as amended by PL 2005, c. 12, Pt. 
D, § 1, is further amended to read: 
C. 
The reconunendation in the commissioner's funding level ·certification must 
include local adult education program cost adjustment to the equivalent of the year 
prior to the year of allocation. This adjustment is calculated according to. the same 
guidelines established, for purposes of chapter 606-B, by section 15689-C, subsection 
3. The commissioner shall further adjust the education program cost in accordance 
with any increase in the use of adult education services that exceeds expectations 
based on population growth to the extent such increase is attributable to workforce 
development programs adopted within the last 4 years in the region served by the 
local adult education program. 
. 
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Sec. C-2. 20-A MRSA §8606 ... A, sub-§3, as amended by PL 2007, c.l31, §5, is 
further .amended to read: 
3. State reimbursement. State reimbursement for expenditures on adult education 
programs must be based on each unit's, region's or center's ac1ual adult educ(J.tion program 
. costs in the base year, with an adjustment for any increase in the use of adult education 
services that exceeds expectations based on population growth, to the extent such 
increase is attributable to workforce development programs adopted within the last 4 
years in the region served by the local adult education program, except that in fiscal years 
1991-92 and 1992-93 available state funding is limited to the fiscal year 1990-91 level, 
and in fiscal years 1995-96 and 1996-97 available state funding is limited to the fiscal 
year 1994-95 level. 
A. 
The state reimbursement must be·· based on the unit's, region's or center's 
expenditures for the base year in accordance with the maximum allowable 
expenditures· and the local program cost adjustment to the equivalent of the year prior 
to the year of the allocation, except insofar as an adjustment is needed for any 
increase in the use of adult education services that exceeds expectations based on 
population growth,· to the extent such increase is attributable to workforce 
development programs adopted within the last 4 years in the region served by the 
local adult education program. 
B. State reimbursement must be paid to each eligible unit, region or center during the 
2nd quarter ofthe State's fiscal year. 
Sec. C-3. 20-A MRSA, §156S1, sub-§6 is enacted to read: 
6. Targeted workforce development funds. A school administrative unit may . 
receive targeted workforce development funds from any source, including but not limited 
to the Green Energy Job Growth Fund established in Title 26, section 2041 and must 
expend those funds in accordance with any requirements imposed on the use ofthe funds. 
Sec. C-4. 20-A MRSA §15697 is enacted to read: 
§15697. Workforce development funds;_ outside the funding formula 
_ 
To receive targeted workforce development funds from any source, including but not 
limited to the Green Energy Job Growth- Fund established under Title 26, section 2041, a 
school administrative unit must meet the requirements imposed on the use of the funds, as 
well as all other relevant requirements of this Title. 
Funds received by a school 
administrative unit from the Green Energy Job Growth Fund'may not be included in any 
of the calculations made under this chapter and are not part of the total cost components 
of essential programs and services. 
Sec. C-5. 20-A MRSA §15903, suh-§3, ~C, as enacted by PL 1981, c. 693, §§5 
and 8 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to-read: 
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_ C. The Department of Health and Human Services; afl6 
Sec. C-6. 20-A MR.SA §15903, sub-§3, ~, as enacted by PL 1981, c. 693, .§§5 
and 8, is amended to read: 
D. The State Fire Marsha1-:; and 
Sec. C-7. 20-A MRSA §15903, sub;.§3, Ii[E is enacted to read: 
E. Efficiency Maine as established under Title 35-A. chapter 97.-
Sec. C-S. 20-A MRSA §1590S-A, as amended by PL 2007, c. 578, §1, is further 
amended to read: 
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§15908-A. School energy efficiency standards and distributed renewable energy 
technology rules 
1. Definitions. For purposes of this section, "substantially renovated" means iffij' .1! 
renovation for which the cost exceeds ~ 
20% of the building's current value prior to 
renovation, "green design building standard" has the same meaning as in Title 5, section 
1764-A and "distributed renewable energy teclmology" has the same meaning as in Title 
. 35-A, section 102, subsection 4-A, 
. . 
2. Rules. The state board, in consultation with the Department of Administrative 
and Financial Services and the Public Utilities Commission, shall by rule require as a 
condition for state funding for construction that, except as provided in subsection 4, all 
plaw-ung and design for new or substantially renovated schools or school buildings 
subject to state board approval: 
A. 
Involve consideration of architectural designs .and energy systems, including 
distributed renewable energy teclmology and load management. systems, that show 
the greatest net benefit over the life of the building by minimizing long-term energy 
and operating costs; 
B. Include an energy-use target that exceeds by at least the greater of 20% above the 
energy efficiency standards in effect for commercial and institutional buildings· 
pursuant tp Title 10, section 1415 D chapter 1103 and the green design building 
standard most closely ·related to the building and project type; and 
. 
C .. Include a life-cycle cost analysis that explicitly considers cost and benefits over a 
minimum of 30 years and that explicitly includes the public health and environmental 
benefits associated with energy-efficient building design and construction, to the. 
extent they can be reasonably quantified. 
The state board shall adopt rules pursuant to this section by July 1, 2004. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
3. ·Requirements for approval. Except as provided in subsection 4, the state board 
shall withhold approval of a state-funded new or substantially renovated school or school 
building if the local school authority proposing the project can not show that it has duly 
considered the most energy-efficient and environmentally efficient designs suitable in 
accordance with rules adopted pursuant to this section and that the proposed construction 
project meets the standards described in subsection 2, paragraph B. 
4. Renovation of historic school buildings; waiver. The state board may, in 
consultation with the Public Utilities Commission and the Executive Director of the State 
Historic Preservation Commission, grant a waiver from the requirements of this section 
on a case-by-case basis for instances of substantial renovation of a historic school 
building, insofar as it permits the project tomeet the green design building standard for 
historic buildings rather than exceeding by 20% the energy efficiency standards in effect 
for commercial and institutional buildings pursuant to Title 10, chapter 1103. For the 
purposes of this subsection, flhistoric school building" means a school building that is on 
the National Register of Historic Places, eligible for nomination to the national register or 
designated as a historic building by a certified municipal historic preservation ordinance. 
21. 
A. The state board shall grant a waiver request if, in the board's opinion, the local 
school authority proposing the renovation project has demonstrated that renovation of 
the historic school building would not compromise the public health and safety 
requirements of this chapter and that 2 or more of the followirg circumstances exist: 
(1) Renovation of the historic school building is in substantial compliance with 
the energy efficiency standards required under this seCtion as determined by the 
Public Utilities Commission; , 
(2) 
Renovation of the historic school building provides substantial energy 
efficiency as determined by the ~ublic Utilities Commission and also provides 
education, social or environmental benefits as determined by the department over 
alternative proposals, including, but not limited to, any proposals to construct a 
new school on an alternative site; and 
(3) 
Adherence to the energy building standards would result in irreparable 
damage to the historic character of a historic school building as. determined by 
the Executive Director of the State Historic Preservation Commission. 
B. AIl application for a waiver from the requirements of this section must be 
submitted to the state board in accordance with requirements established by the state 
board by rule pursuant to paragraph D. 
The waiver application must include 
documentation to substantiate the conditions of this subsection. If the request is 
denied, the state board shall communicate the reasons for denying the request to the 
applicant. 
C. The state board shall render a qecision on an application for' a waiver from the 
requirements of this section within 60 days of the receipt by the state board of a 
complete application for a waiver. hi rendering a decision, the state board may place 
conditions upon the granting of a waiver. Failure on the part of thy state board to 
render a decision within the 60-day period constitutes approval of the request for the 
WaIver. 
D. The state board shall adopt or amend rules to implement the requirements of this 
subsection. Rules adopted under this paragraph are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec'. C-9. 20-A MRSA §15915, as amended by PL 2005, c. 499, §1, is further 
amended to read: 
§15915. Energy service companies and 3rd-party financing 
1. Initial agree~ent. Any school administrative unit may enter into a~ agreement of 
up to B 20 years with a private party, such as an energy service or 3rd-party financing 
company, for the design, instaJlation, operation, maintenance and ·financing of energy 
. 
conservation, distributed renewable energy technology, effective load management or 
combined energy conservation and air quality improvements at existing school 
administrative unit facilities. For purposes of this section, "distributed renewable energy 
technology" has the same meanirig as in Title 35-A, section 102, subsection 4-A. The 
school administrative unit's costs to enter into such an agreement are not applicable to the 
unit's school construction project costs, the debt service on which is eligible for subsidy 
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purposes .under section 15907. Such an agreement is deemed to be a professional service, 
which is not subject to the competitive bidding requirements of Title 5, section 1743-A, if 
the agreement: 
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. A. Provides for operation or maintenance of the improvement for at least 5 years or 
the entire term of the financing agreement if longer than 5 years; 
B. 
Requires a guaranty by the contractor that the improvement will meet 
performance criteria set forth in the agreement for at least 5 years or for the entire . 
term of the financing agreement if longer than 5 years; and 
C. Has a total contract cost; excluding interest and operating and maintenance costs, 
of less than $2,000,000 for any school building, except that this limit may be 
exceeded if all risk that the project's costs will exceed its benefits is· borne by an 
. entity other than the school administrative unit. 
A school administrative unit may select contractors for these professional serviCes on the 
basis of a request for qualifications or a request for. proposals and it is not required to use 
a competitive method set forth in this chapter and Title 5, section 1743-A and Private and 
Special Law 1999, chapter 79. 
The selection process must include at a minimum a 
request for qualifications or a request for proposals that is advertised in.a newspaper of 
general circulation in the school administrative unit arid a newspaper of general 
circulation in the City of Augusta. The school administrative unit shall interview not 
fewer· than 3 service providers unless a smaller number of service providers responds to 
the request for qualifications or requests for proposals. The performance criteria in the 
agreement is. subject to approval by the Department of Administrative and Financial 
Services, Bureau of General Services. A request for qualifications or proposals may not 
contain terms that require service providers to have more than 3 yeats of experience in. 
the energy conservation field or the use of equipment that is not generally available to 
service providers or terms that are otherwise included for the purpose of bias .. or 
favoritism toward a particular service provider. Objections to the tenns of a request for 
qualifications or proposals. under this sUlJsection an~ deemed waived if not delivered in 
writing to the office of th.e superintendent .of schools in that school administrative unit 
within 21 days of the last publication of the newspaper advertisement. 
The school 
administrative unit may seek technical and other assistance from Efficiency Maine under 
Title 35-A, chapter 97 in this process. 
2. 
Future operation. Any school administrative unit, at the tennination of the 
agreement with the private party pursuant to this section, may acquire, operate and 
maintain the improvement, may renew the agreement with the private party or may make 
an agreement with another private party to operate and maintain the improvement. 
PART D 
Sec. D-l. 26 MRSA c. 25, sub-c. 6 is enacted to read: 
SUBCHAPTER 6 
GREEN ENERGY JOB GROW'fH INITIA 'fIVE 
§2041. Green Energy Job Growth Fund 
1. Definitions. .As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Career ladder" means an identified series . of positions, work experiences and 
educational benclunarks or credentials that offer occupational and financial 
advancement within a specified career fi~ld or related fields over time. 
B. "Department" means the Department of Labor. 
. C. "Fund" means the Green Energy Job Growth Fund established in subsection 2, 
paragraph A. 
D. "Green energy economy" means the portion of the economy relating to energy 
efficiency, energy demand reduction, peak load reduction and renewable energy as 
these factors relate to building, facility, appliance and related consumption of energy, 
but not as they relate to transportation. 
E. "Industry cluster" means a concentration of interconnected businesses, suppliers, 
service providers and associated institutions in a particular field that are linked by 
conunon workforce needs. 
F. 
"Industry or sector partnership" means a green energy economy workforce 
collaborative as established under subsection 7. 
G. "Target populations" means: 
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(1) Entry-level or incumbent workers in high-demand green energy economy 
industries as established pursuant to subsection 5 who are in, or are preparing for, 
high-wage occupations; 
(2) Dislocated workers in declining industries who can be retrained for high-
. wage occupations in high-demand green energy economy industries; 
(3) Dislocated agriculture, timber or energy sector workers who can be retrained 
for high-wage occupations in high-demand green energy economy industries; 
(4) Veterans or Maine National Guard members; 
(5) Disadvantaged popUlations as detenmned by the department; or 
(6) Persons eligible to participate in the Competitive Skills Scholarship Program 
under section 2033. 
H. "Workforce intennediary" means an entity that proactively addresses workforce 
needs in an industry and improves regional competitiveness by working with and 
considering the needs of employers, workers, job seekers and other stakeholders, with 
a focus on developing career ladders, education and training services and related 
support services to help low-income workers enter higher-wage and skilled jobs in 
the industry. 
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2. Initiative and fund established. The department shall establish and administer a 
comprehensive green energy economy industry and workforce development program 
called the Green Energy Job Growth Initiative, with the goal of increasing by 2019 the 
number of green energy economy jobs in this State to at least 20,000 more than existed in 
the State as of 2008, as determined by the department. 
. 
A. The Green Energy Job Growth Fund is established as a nonlapsing fund in the 
department to be used for the purposes of this section. The fund receives funds from 
the sale .of efficiency credits pursuant to Title 35-A, section 10009 and may receive 
any other funds appropriated or allocated to the fund as well as any other funds 
accepted by the department for deposit in the fund. Unexpended balances in the fund 
at the end of a fiscal year may not lapse, but are carried forward to the next fiscal year 
to be used for the same purpoSeS .. All funds appropriated,· allocated or otherwise 
directed to the fund must be deposited in the fund. 
. 
B. 
Except as otherwise provided by law, the department is the designated state 
agency to receive and administer federal funds for workforce development in green 
energy economy industries and any federal funds received for that purpose must be 
deposited in the fund. 
. 
3. Development of terminology. The department, in consultation with stakeholders, 
including the board of Efficiency Maine, the Department of Economic and Community 
Development, the Executive Department, State Planning Office, the Maine Jobs Council, 
leaders of the State's career and technical educational system, the Maine Community 
College System, the University of Maine System, the Maine Technology Institute, the 
Public Utilities Commission, the Maine State Housing ·Authority, business leaders and 
industry associations and organizations in green energy economy industries, 
representatives of labor-organizations in the building trades, rionprofit organizations that 
focus on environmental issues and workforce development and governmental and 
nonprofit entities that focus on economic development issues, shall develop and maintain 
a list of defined terms, consistent with current workforce and economic development 
terms, associated with green energy economy industries and jobs. 
4. Labor market, workforce and industry analysis. The department shall: 
A. In consultation with the stakeholders listed in subsection 3, conduct ongoing labor 
market research to analyze the current labor market and projected job growth in the 
green energy economy, the current and projected recruitment and slGll requirement of 
green energy economy industry employers, the wage and benefits ranges of jobs 
within green energy economy industries and the education and training requirements 
of entry-level and incumbent workers in those industries; and 
B. In· consultation with the stakeholders listed in subsection 3, the Department of 
Professional and Financial Regulation and any relevant boards established pursuant 
to Title 5, section 12004-A and pursuant to the analysis under paragraph A, develop 
findings and recommendations regarding comprehensive career ladders for the jobs 
identified in that analysis, and make findings· and provide recommendations to 
appropriate agencies or entities regarding measures to support· and facilitate the 
movement of workers up· those career ladders, including but not limited to 
recommendations for appropriate curricula for arid linkages between relevant State 
j7 
programs, revisions to building trades curricula to integrate skills related to the green 
energy economy, establishment of skill certifications for incumbent workers, 
ievisions to licensing standards, changes to the responsibilities of boards established 
under Title 5, section 12004-A and creation of additional boards pursuant to Title 5, 
section 12015. 
( 1) 
In developing its recoInmendations, the department shall include 
consideration of those skills related to best environmental practices beyond those 
directly related to the green energy economy. 
(2) Except where it does not serve the public interest to do so, the department 
shall use nationally recognized standards and certifications. 
(3) The department shall submit recommendations for regulation of professional 
or occupational groups to the Department of Professional and Financial 
Regulation pursuant to Title 32, section 60-J that give due consideration to the 
urgency of achieving the goal of reducing the State's energy costs and reliance on 
fossil fuels and the importance of high-quality work and universally recognized 
qualifications in maximizing progress toward this goal. 
. 
(4) In performing its duties under this paragraph, the department shall prioritize 
occupations related to the audit of energy efficiency, including but not limited to 
energy auditors, and occupations related to installation of distributed renewable 
energy technology, including but not limited to solar thennal system installers. 
For purposes of tIns paragraph, "distributed renewable energy teclmology" has 
the same meaning as in Title 3 5-A, section 102, sub'section 4-A. 
5. Designation of high-demand industries. Based on the findings under subsection 
4, the department, in consultation with the stakeholders listed in subsection 3 and taking 
into account the requirements and goals of this section and other state clean energy and 
energy efficiency policies, shall propose which -industries will be considered high-
demand green energy economy industries based on 'current and projected job creation and 
strategic importance to the. development of the State's green energy economy. 
The 
department shall take into account which jobs within green energy economy industries -
will be considered high-wage occupations and occupations that are part of career ladders 
to high-wage occupations, based on family-sustaining wage and benefits ranges as 
-determined by the department. The department shall provide its findings and proposals as 
well as the results of the department's broader labor market research under subsection 4 to 
the Maine Jobs Council, the State's career and teclmical educational centers, the Maine 
Community College System and the University of Maine System, and all these entities as 
well as the department shall use this information in making planning and strategic 
decisions. 
. 
. 
6. Identification of emerging technologies and innovations. The Department of 
Economic and Community Development, in consultation with the stakeholders described 
in subsection 3, shall identify emerging technologies and innovations that are likely to 
contribute to advancements in the green energy economy and. consistent with any other 
requirements oflaw, shall: 
Page II - 124LRI724(OI)-1 
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A. Develop targeting criteria for existing investmcnts and develop recommcndations 
for comprehensive strategies to recruit, retain and expand gre'en energy economv 
industries and small businesses; and 
B. Develop recommendations for comprehensive strategies to stimulate research and 
,5 
development of green e'nergy technology and innovation. 
' 
The Department of Economic and Community Developmcnt shall annually, by January 
15th, provide a report of its recommendations to the Govemor and tLl the joint standing 
committee 'of the Legislature having jurisdiction ovcr business and economic 
development matters. 
7. 
Industry or sector partnerships. The Maine Jobs Council shall create and 
oversee industry or sector partnerships. 
A. An industry or sector partnership: 
(1) Organizes key stakeholders in a targeted industry cluster into a working 
group that focuses on the human capital needs of a targeted industry cluster and, 
that includes, at the appropriate stage of development or the partnership: 
(a) Representatives of multiple finns or employers, including workers, in a 
targeted industry cluster, including small and medium employcrs when 
pr~cticable; 
(b) One or more representatives of state labor organizations or central labor 
councils; , 
(c) One or more representatives of local workforce investment boards; 
(d) One or more representatives of training providers, including at least one 
representing postsecondary educational institutions and 6nc representing 
secondary educational institutions and adult educational institutions, 
preferably from the career and technical education system; and 
(e) One or more representatives of state workforce agencies or other entities 
providing employment services; and 
' 
(2) May include representatives of: 
Ca) 
State Government or local government, including, but not limited to, 
state or local economic development agencies 'or other state or local agencies; 
Cb) Chambers of commerce; 
(c) Nonprofit organizations; 
(d) Industry associations; and 
(e) 
Other organizations, as determined necessarv by the other members 
comprising the industry or sector partnership. 
B. A stakeholder within an industry or sector partnership is eligible to receive grants 
from the fund under this section and may serve as workforce intermediary, convene 
and lead the partnership and serve as the fiscal agent to administer the grant. Industry 
or sector partnership applicants must provide to the Maine Jobs Council labor market 
/1 
and· industry analysis that demonstrates high demand, or demand of strategic 
importance to the development of the State's gre'en energy economy, for high-wage 
occupations, or occupations that are part of career ladders to high-wage occupations, 
within the relevant industry sector. An approved industry. or sector partnership shall: 
(1) 
Conduct labor market and industry analysis, in consultation with the 
department, drawing on the findings of the department's research when available; 
(2) Plan strategies to meet the recruitment and training needs of the industry and 
small businesses; and . 
, 9 
(3) 
Leverage and 
align other public and private funding· sources. 
Notwithstanding section 2006, subsection 5-A, paragraph 1, the department and 
the Maine Jobs Council shall work with the State's career and technical education 
centers and labor affiliates administering state-approved, joint apprenticeship 
programs or labor-management partnership programs that train workers to 
prov'ide appropriate education and training below the associate degree level, 
particularly within the building trades. 
. 
8. Expenditures from fund. The department may use funds in the fund solely to 
cam out the purposes of this section. 
A, Except as provided in this paragraph, the department may award no more than 
20% of the funds received pursuant to Title 35-A, section 1 0009 in the form of . 
planning, implementation, renewal and other grants under this paragraph. 
The 
awards must be made on 'a competitive bid basis. The department may make awards 
in excess of this ceiling if the department determines that doing so will leverage 
substantial additional public or private funds. The department may exceed the limits 
established on individual grants under subparagraphs (1), (2), (3) and (6) if the 
department determines that doing so will leverage substantial additional public or 
private funds. The departmerit may make grants under this paragraph only if the 
department determines 'that other public or private funds· are insufficient or 
unavailable for the purpose. The department shall ensure that all grants made under 
. this paragraph are fully expended or obligated to be expended by the last day" of the 
grant period and that any money that is unexpended by the last day of the grant 
period is returned to the fund. 
-
(I) The department may award a planning grant of up to $25,000 for a grant 
period of up to one year to a newly formed industry or sector partnership that has 
not previously received a grant under this section. 
(2) The department may award an implementation grant of up to $500,000 for a 
grant period of 3 years or up to $167,000 per year for a shorter grant period to an 
industry or sector partnership that has received a plannihg grant under this section 
or to an established industry or sector partnership. 
(3) The department may award a renewal grant of up to $225,000 for a grant 
period of 3 years or up to $75,000 per year for a shorter grant period to an 
industry or sector partnership that has received an implementation grant under 
this section. The department shall prioritize renewal wants to industry or sector . 
partnerships that can demonstrate long-tem1 sustainability and shall, as a 
I'llgt: 13 -124LRl724(Ol)-1 
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condition of renewing the grant, require significantly incrcascd leveraging of 
additional public and private funds by the partnership compared to the preceding 
year of the implementation grant. 
(4) Iii order to qualify for a grant under this paragraph, an industry or sector 
pm1nership shall identify an industry cluster that could benefit from such a grant 
~ 
(a) Working with businesses, industry associations and organizations. labor 
organizations, state boards; local boards, economic developmeilt agencies 
and other organizations that the industry or sector partnership detennincs 
necessary to identify an appropriate industry cluster based on criteria that 
include, at a rriinimum: 
0) Data showing the competitiveness of the industry cluster; 
(ii) The importance of the industry cluster to the economic development 
of the area served by the industry or sector partncrship; 
(iii) 
The identification of supply and distribution chains within thc 
industry cluster; and' 
. 
(iv) Research studies on industry clusters; and 
(b) Working with appropriate employment agencies, workforce investment 
boards, economic development agencies, community organizations and other 
organizations that the industry or sector partnership determines necessary to 
ensure that the industry cluster identified under division (a) should be 
targeted for investment, based primarily on the following criteria: 
0) Potential for job growth; 
(ii) Competitiveness; 
(iii) Employment base; 
(iv) Wages and benefits; 
(v) 
Demonstrated importance of the industry cluster to the local 
. economy and to the green energy economy; and 
(vi) Workforce development needs. 
(5) An industry or sector partnership seeking a grant under this paragraph shall 
submit an application to the department at such time, in such manner and 
containing such information as the department may require, including, at a 
minimum: 
(a) 
A description of the industry or sector partnership, evidence of its 
capacity to carry out activities in support of the strategic objectives identified 
in the application under division (d) and a description of the expected 
participation and responsibilities of each of the stakeholders in subsection 7, 
paragraph A, subparagraph (I ); 
(b) A description of the industry cluster for which the industry or sector 
partnership intends to carry out activities through a grant under\this section 
and a description of how the industry cluster was identified in accordance 
with subparagraph (4); 
(c) A description of the workers who will be recruited by the industry or 
sector partnership, including an analysis of the existing labor market, a 
description of potential barriers to employment for workers and a description 
of strategies that will be employed to help workers overcome such barriers; 
(d) A description of the strategic objectives that the industry or sector 
partnership intends to cam out for the industry cluster, which must include: 
(n Recruiting key stakeholders in the industry cluster, such as busine~ses 
and employers, labor organizations, industry associations, local and state 
workforce investment boards and education and training providers, and 
regularly convening the stakeholders in a collaborative structure that 
supports the sharing of information, ideas and challenges common to the 
industry cluster; 
(il) 
Identifying the .training needs of multiple businesses, especially 
skills critical to competitiveness and innovation in the industry cluster; 
(iii) 
Facilitating economies of scale by aggregating training and 
education for multiple employers; 
(iv) Helping secondary, adult, vocational and postsecondary educational 
institutions and training institutions align curricula and programs to 
industry demand, particularly for higher skill, high-priority occupations 
- identified for the industry cluster; 
(v) Ensuring coordination with the department so that the department 
inforn1s recipients of unemployment insurance and trade adjustment 
_. assistance under the federal Trade Act of 1974, 19 United States Code, 
Section 2101 et seq. of the job and training opportunities that may result 
from the impleinentation of this grant; 
(vi) 
Inforn1ing and collaborating with organizations such as youth 
councils, . business-education partnerships, apprenticeship programs, 
secondary schools and postsecondary educational institutions and with 
parents and career counselors for the purpose of -addressing the 
challenges of connecting disadvantaged adults and youth to careers; 
(vii) 
Helping companies to identify and work together to address 
common organizational and human resource challenges, such as 
recruiting new workers, implementing effective workplace practices, 
retaining dislocated and incumbent workers, impleinentinga high-
perfOIl11<mCe work organization, recruiting and retaining women in 
nontraditional occupations, adopting new technologies and fostering on-
the-job learning; 
(viii) 
Developing and strengthening career ladders within and across 
compariiesand in cooperation with any labor organizations representing 
employees engnged in similar work in the industry cluster in order to 
Pag.l! 15 - 12.tLRi72.t(OIJ-I 
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enable dislocated, incumbent and entry-level workers to improve skills 
and advance to higher-wage jobs;' 
Ox) Improving job quality through improving wages, benefits and 
working conditions; 
(x) Helping companies in industry or sector partnerships. to attract 
potential employees from' a diverse base, including individuals with 
barriers to emplovment, such as economically disadvantaged individuals, 
youth, older workers and individuals who havc completed, a term of 
imprisonment, by identifying barriers through analysis of the existing 
labor market and implementing strategies to help workers overcome such 
barriers; arid 
(xi) Strengthening connections among businesses in the industry cluster, 
leading 
to 
cooperation 
beyond 
workforce 
issues 
to 
improve 
cdmpetitiveness and job quality, such as joint purchasing ,and market 
research; 
(e) A description of the maimer in which the eligible entity intends to make 
sustainable progress toward the strategic objectives described in division (d); 
CD 
Performance measures, with quantifiable benchmarks, for measuring 
progress toward the strategic objectives. Such measures must consider, at a 
minimum, the benefits provided by the grant activities funded under this 
section for: 
(i) Workers employed in the industry cluster, disaggregated by gender 
and race, including the number of workers receiving portable industry-
recognized credentials; the number of workers with increased wages, the 
percentage of workers with increased wages, and the average wage 
increase; and, for dislocated or non incumbent workers, the number of 
workers placed in sector-related jobs; and 
(ii) Firms and industries in the industry cluster, including the creation or 
updating of an industry plan to meet current and future workforce 
demand; the creation or updating of published industry-wide skill 
standards or career ladders; the creation or updating of portable, industry-
recognized, credentials, or where there is not such a credential, the 
creation or updating of a' training curriculum that can lead to the 
development of such a credential; in the case of an eligible entity that is 
an industry or sector partnership, the number of firms, and the percentage 
of the local industry, participating in the industry or sector partnership; 
and the number of firms, and the percentage of the local industry, 
receiving workers or services through the gra'nt funded under this section; 
(g) A timeline for achieving progress toward the strategic objectives; and 
(h) 
In the case of an industry or sector partnership desiring ,an 
implementation grant under this section, an assurance that the industry or 
sector partnership will leverage other funding sources to provide training or 
support services to workers under the grant program. 
9' 
(6) The department may award one-time grants of up to $10,000 to entities 
eligible under this paragraph for the' purposes of curriculum development, 
development of transitional jobs strategies for dislocated workers in declining 
industries who may be retrained for high-wage occupations in green energy 
economy industries, workforce education to target populations and adult basic 
and remedial education linked to occupation skills training, to the extent the 
department determines such purposes are better achieved through making such 
grants than through planning, implementation and renewal grants made under 
subparagraph (I), (2) or (3). 
(a) A recipient of a grant under this subparagraph may be any organization 
that has demonstrated expertise in: 
(i) . Implementing effective education and training programs that meet 
industry demand; and 
(ii) Recruiting and supporting workers from the target populations. 
(b) 
In awarding grants under this paragraph, the department shall give 
priority to applicants that demonstrate the ability to: 
(i) Use labor market and industry analysis developed by the department 
and by industry or sector partnerships in the design and delivery of the 
relevant education and training programs and otherwise use strategies 
developed by industry or sector partnerships; 
(ii) 
Leverage and align existing public programs and resources and 
private resources toward the goal of recruiting, supporting, educating and 
training workers from the target populations; 
(iii) 
Work collaboratively with other relevant stakeholders in the 
regional economy; 
(iv) 
Link adult basic and remedial education, where necessary, with 
occupation skills training; 
(v) Involve employers and labor unions in the determination of relevant 
skills and competenCies and, where relevant, the identification of career 
ladders; and 
. 
(vi) Ensure that support services, where necessary, are integrated with 
education and training and are delivered by organizations with direct 
access to and experience with the target population of workers. 
B. 
In 2009, 2010 and 2011, the department may expend up to 10% of the funds 
received pursuant. to Title 35-A, section 10009 for the administrative costs of 
performing duties outlined in this section and to support performance by the 
Department of Economic. and Community Development of its duties under this 
section. In 2012 and thereafter,· the department may expend up to 2% of the funds 
received pursuant to Title 3S-A, section 1 0009 for administrative costs under this 
section. 
C. The department shall expend funds received pursuant to Title 35-A, section 10009 
and not expended under paragraph A or B to provide direct support to individuals 
) 
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pursuing education and training in accordance with the goals of this section. The 
department shall apply the funds through the Competitive Skills Scholarship Program 
under section 2033 and rules adopted under that section and may transfer funds to the 
Competitive Skills Scholarship Fund. The department shall adopt or amend rules 
under section 2033 to ensure the use of such funds is consistcnt with the purposes of 
this section. 
. 
D. The department shall apply funds in the fund receivcd from sources other than 
pursuant to Title 35-A, section 10009 in accordance with any applicable requirements. 
or limitations placed on the use of such funds. 
In the absence of any contrary 
requirements, the department shall apply the funds in the same manner as prescribed 
in this subsection for funds received pursuant to Title 35-A,section 10009, and may 
expend up to 20% on grants in accordance with paragraph A, up to 2% on 
administrative costs pursuant to paragraph B and the remainder on direct support to 
individuals pursuing education and training pursuant to paragraph C. 
Sec. D-2. 
Department of Labor recommendations. 
The Department of 
Labor, in consultation with the stakeholders listed in the Maine Revised Statutes, Title 26, 
section' 2041, subsection 3, shall make recommendations to the Department of 
Professional and Financial Regulation for the report that the Department of Professional 
and Financial Regulation is required to prepare"pursuant to Resolves 2007) chap(er 219. 
PARTE 
Sec. E-l. 30-A MRSA §703, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, § 106 and amended by PL 1989, c. 6;c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
2. State. Counties may apply for and accept and expend state grants for any purpose 
for which state grants are available to counties, either directly or througl) a state agency 
and may seek assistance from Efficiency Maine pursuant to Title ~5-A, chapter 97. 
Sec.E-2. 30-AMRSA§903, sub-§l, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
1. Agreement with energy service and 3rd-party financing companies. County 
commissioners may enter into an agreement with a private party, such as an energy 
service or 3rd-party financing company, for the design, installation, operation, 
maintenance and financing of energy conservation, distributed renewable energy 
technology, effective load management or combined energy conservation and air quality 
improvements at county facilities. 
County commissioners may seek assistance from 
Efficiency Maine under Title 35-A, chapter 97 for the purposes of this section. For 
purposes of this subsection, "distributed renewable energy technology" has the same 
meaning as in Title 35-A, section 102, subsection 4-A. 
Sec. E-3. 30-A MRSA §903-B is enacted to read: 
§903-B. 
Improvement of energy efficiency and· usage of distributed renewable 
energy technology in construction of county buildings 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. 
"Distributed renewable energy technology" has the same meaning as in Title 
35-A, section 102, subsection 4-A. 
B. "Green design building standard" has the same meaning as in Title 5, section 
1764-A. 
c. "Substantially renovated" means a renovation for which the cost exceeds 20% of 
the building's current value prior to renovation. 
2. Planning and design. A county shall require that all planning and design for the 
construction of new or substantially renovated county-owned or county-leased buildings 
and· buildings built or substantially renovated with county funds, including buildings 
funded through county bonds or the Maine Municipal Bond Banle 
A. 
Involve consideration of architectural designs and energy systems, including 
distributed renewable energy teclmology and load management ·systems, that show 
the greatest net benefit over the life of the building by minimizing long-tenn energy 
and operating costs; 
B. Include an energy-use target that exceeds the greater of 20% above the energy 
efficiency standards in effect for commercial and institutional buildings pursuant to 
Title I 0, chapter 1103 and the green desigh building standard most closely related to 
the building and project type. This paragraph applies only if the life-cycle cost of 
meeting the requirements of this paragraph does not exceed the life-cycle cost ora 
reasonable alternative design that is less environmentally efficient; and 
C. Include a life-cycle cost analysis that explicitly considers cost and benefits over a 
minimum of 30 years and that explicitly includes the public health and environmental 
benefits associated with energy-efficient building design and construction, to the 
extent they can be reasonably quantified. 
This subsection does not apply to buildings that the county detennines will have little or 
no energy usage, such as unheated sheds or warehouses. 
. 
3. Approval. A county may not approve the construction of a new or substantially 
renovated county-owned or county-leased building or of a building built or substantially. 
renovated with county funds, including a building funded through county bonds or the. 
Maine Municipal Bond Bank, unless the county agency or other entity or organization 
proposing the construction demonstrates that it has duly considered the most energy-
el1icient and environmentally efficient designs suitable in accordance with this section 
and that the proposed construction proj ect meets the standards described in subsection 2, 
paragraph B. 
4. State funding. Nothing in this section requires a county to construct or renovate 
any building. To the extent that any provision of this section requires a county to expand 
or modify its activities so as to necessitate additional expenditures from local revenues, 
Page IlJ-124LRl724(O)-1 
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the' county is not required to comply with that provIsIOn unless the Statc provides 
annually at least 90% of the funding for those additional expenditures, If'the State or a 
state agency, including but not limited to Efficiency Maine as established ill Title 35-A, 
chapter 97, provides funding to assist a county in achieving the purposes of this section, 
the State or state agency may condition its funding on agreement by the county to repay 
that funding from a portion of the long-tenn energy savings resulting from meeting the 
requirements of this section. 
PARTF 
Sec. F-l. 30-A MRSA §4741, sub-§15, as amended by PL 1991, c. 871, §2, is 
further amended to read: 
15. State weatherization, conservation and fuel assistance agency. The Maine 
State Housing Authority is designated the weatherization, energy conservation and fuel 
assistance agency for the State and may ,apply for, receive, distribute and administer 
federal funds on behalf of the State for weatherization, cnergy conservation and fuel 
assistance pursuant to the Weatherization Assistance for Law-income P~rsons Program 
administered through the United States Department of Energy and the Low-income 1 lome 
Energy Assistance Program administered throug.h the United States Department cif Health 
and Human Services in accordance with rules adopted under the Maine Administrative 
Procedure Act. The Maine State Housing Authority shall comply with the requirements, 
of Title 35-A, chapter 97, subchapter 2 in carrying out its duties urider this subsection; 
Sec. F-2. 30-A MRSA §4748 is enacted to read: 
§4748. Efficiency standards 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Distributed renewable energy, teclmology" has the same, meaning as in Title 
35-A, section i 02, subsection 4-A. 
B."Green design building standard" has the same meaning as in Title 5, section 
1764-A as applied to the relevant class of building .. 
C. "Low-income rental housing" means residential housing projects in which any of 
the units are subject to federal or state income eligibility restrictions and the rents 
within the projects 'are controlled, regulated or assisted by a federal or state agency 
pursuant to a regulatory or rental assistance agreement. 
2. New construction. Low-income rental housing constructed after the effective 
date of this section must meet the green design building standard. 
3. Existing buildings. By December 31, 2018, all low-income rental housing must 
meet the green design building standard for existing buildings. The Maine State Housing 
Auth'ority may exempt a building from this requirement if the owner demonstrates that 
the Maine State Housing Authority, Efficiency Maine, as established in Title 35-A, 
chapter 97, or any other entity has not provided adequate assistance to allow the building 
to meet the standard without decreasing the building'S economic viability for the owner 
and any investors and, in the case of for-profit low-income rental housing, its 
profitability, and that, from the perspective.ofthe owner and any investors, no reasonable 
option exists to make the project as cost-effective and, in the case of fot-profit 
developments, as profitable as it would be if it did not meet that standard. 
To the extent that any provision of this subsection requires a local unit 'of government to 
expand or modify· its activities so as to necessitate additional expenditures from local 
revenues, the local unit of government is not required to comply with that provision 
unless the State provides annually at least 90% of the funding for those additional 
expenditures. If the State or a state agency, including but not limited to Efficiency 
Maine, provides funding to assist a local unit of government in achieving the purposes of 
this subsection, the State or state agency may condition its funding on agreement by the 
local unit of government to repay that funding from a portion of the long-term energy 
savings resulting from meeting the requirements of this subsection. 
4. Rental assistance programs. After the effective date of this section, to the extent 
permitted by federal law, a housing authority shall condition a landlord's participation in 
. 16 
the Housing Choice Voucher program administered by the United States Department of. 
Housing and Urban Development, and the Department of Healtli. and Human Services 
shall condition a landlord's participation in the bridging rental assistance program, on the 
landlord's: 
A. Permitting an evaluation, conducted or approved and funded by Efficiency Maine, 
as established in Title 35-A, chapter 97, or the Maine State Housing Authority or, at 
the fandlord's election, funded by other means and approved by the Maine State 
Housing Authority, of all energy efficiency, load reduction and distributed renewable 
energy technology measures that could be adopted or installed by the landlord and 
that have a payback period of 15 years or less; and 
B. Adopting or installing those measures identified pursuant to paragraph A, to the 
extent such adoption or installation does not entail any encumbrance of the property 
or ·debt for the landlord, or otherwise undermine the building's profitability or 
suitability for the landlord's intended purposes. 
Sec. F-3. 30-A MRSA§4991, first ~, as enacted by PL 1991, c. 622, PL J, §23 
and affected by §25, is amended to read: 
The Maine State Housing Authority shall administer a fuel assistance program as 
provided in this subchapter and, pursuant to Title 35-A; chapter 97, shall, in consultation 
with Efficiency Maine, apply for a waiver of the cap on federal Low-income Home 
Energy Assistance Program funds that can be used for heat demand reduction. As used in 
this subchapter, unless the context otherwise indicates, the following terms have the 
following meanings. 
Sec. F-4. 30-A MRSA §4992, sub-§4, as enacted by PL 1991, c. 622, Pt. J, §23 
and affected by *25, is amended to read: 
4. 
A vailability standards. 
Standards requmng local program operators and 
administrators to be available to the gel'leral public for a minimum specified period of 
time each week; aHB .. 
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Sec. F-5. 30-A MRSA §4992, sub-§5, as enacted by PL 199 L c. 622, PI. J, ~23 
and affected by §25, is amended to read: 
5. 
Expeditious provision of assistance standards. 
Standards that ensure that 
qualified program recipients are expeditiously provided with assistance by the local 
program operator or administrator.,; and 
Sec. F-6. 30-A MRSA §4992, sub-§6 is enacted to read: 
6. Compliance with Efficiency Maine. Standards that ensure compliance with the 
provisions of Title 35-A, chapter 97. 
PART G 
Sec. G-l. 30-A MRSA c. 187, sub-c. 4-A is enacted to read: 
SUBCHAPTER 4-A 
PUBLIC BUILDINGS 
§4421. Improvement of energy efficiency and usage of distributed renewable energy 
technology in construction of municipal buildings 
1. 
Limitations on home rule authori!'y': 
This subchapter provides express 
limitations on municipal home rule authority. 
2. 'Definitions. As used in this subchapter, unless the context otherwise indicates, 
the following tenus have the following meanings. 
. 
A. 
"Distributed renewable energy technology" has the same meaning as 'in Title 
35-A, section 102, subsection 4-A, 
, 
B. "Green design building standard" has the same meaning as in Title 5, section, 
1764-A. 
C. "Substantially renovated" means any renovation for which the cost exceeds 20% 
of the building'S current value prior to renovation. 
3. Planning and design .. A municipality shall require that all planning and design 
for the construction of new or substantially renovated municipally owned or municipally 
leased buildings and buildings built or substantially renovated with municipal funds, 
including buildings funded through municipal bonds or the Maine Municipal Bond Barne 
A. 
Involve consideration of architectural designs and energy systems, including 
distributed renewable energy technology and 'load management, systems, that show 
the greatest net benefit over the life of the building by minimizing long-term energy 
and operating costs; 
B. Include an energy-use target that exceeds the greater of 20% above the energy 
efficiency standards in effect for commercial and institutional buildings pursuant to 
Title 10, chapter 1103 and th.e green design building standard most closely related to 
-
the building and project type. This paragraph applies only if the life-cycle cost of 
meeting the requirements of this paragraph does not exceed the life-cycle cost of a 
reasonable alternative design that is less environmentally efficient; and . 
C. Include a life-cycle cost analysis that explicitly considers cost and benefits over a 
minimum of 30 years and that explicitly includes the public health and environmental 
benefits associated with energy-efficient building design and construction, to the 
extent they can be reasonably quantified. 
This subsection does not. apply to buildings that the municipality determines will have 
little or no energy usage, such as unheated sheds or warehouses. 
4. 
Approval. 
A municipality may not approve the construction of a new or 
substantiillly renovated municipally owned or municipally leased building or of a 
building built or substantially renovated· with municipal funds,. including a building 
funded through municipal bonds or the Mai~e Municipal Bond Bank,. unless the 
requirements of subsection 3 are met. 
'24 
5.· State funding. Nothing in this section requires a local unit of government to 
construct or renovate any building. To. the extent that any provision of .this section 
requires a local unit of government to expand or modify its activities so as to necessitate 
additional expenditures from local revenues, the local unit of government is not required 
to comply with that provision unless the State provides annually at least 90% of the 
funding for those additional expenditures. If the State or a state agency, including but not 
limited to Efficiency Maine, provides funding to assist a local unit of government in 
achieving the purposes of this section, the State or state agency may condition its funding 
on agreement by the local unit of government to repay that funding from a portion of the 
long-term energy savings resulting from m.eeting the requirements of this section. 
·25 
Sec. G-2. 30-A MRSA §5725, sub-§12, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
fUl1her amended to read: 
12. Youth commission. Provide fora local youth commission; ana 
Sec. G-3. 30-A MRSA §5725, sub-§13, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C,§106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
13. 
Anti-poverty community action program. 
Assist and contribute to a 
community action program organized under the Federal Anti-Poverty Program7; and 
Sec. G-4. 30-A MRSA §5725, sub-§ 14 is enacted to read: 
14. Energy-related assistance. Assist property owners and renters in lowering 
encr\!;v costs by increasing energy efficiency, adopting co'nservation and load 
managL:l11ent measures and installing distributed renewable energy teclmology. 
A 
municipality may make loans to the individual or entity making the improvements that 
. 39 
an.: unsecured by any lien on the individual's· or entity's property. A municipality may 
integrate collection or payments due with the collection of property tax on that property, 
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but any payments made under such an arrangement must Erst be applied to any unpaid 
property tax balance, and the municipality has no rights regarding the loan bcyond those 
of' ari ordinary creditor. A municipality may partner with Enieieilcy Maine pursuant to 
Title 35-A, chapter 97 to administcr any program pursuant to this subsection. 
For 
ptuposes of this subsection, "distributed renewable energy tcchnology" has the same 
meaning as in Title 35-A, section 101, subsection 4-A. 
M~H 
Sec. 8-1. 30-A MRSA §5953-C, as amended by PL 1007, c. 66, ~ 1, is further 
amended to read: 
§5953-C. Loans for energy efficiency and distributed renewable em;rgy technology 
improvements in municipal and school buildings 
This section establishes a program to promote energy efficiency, increased use or 
distributed renewable energy technology, effective load managcment and indoor air 
quality in municipal and school buildings. As used in this section, "distributed renewable 
energy technology" has the same meaning as in Title 35-A, section 10'), subsection 4-A. 
·42 
1. Efficiency Partners Program. The ballie shall establish the Erticieney Partners 
Program, referred to in this section as "the program," desib'11ed is established to reduce net 
energy costs in municipal and school buildings and to create jobs by financing energy 
audits and cost-effective improvements that accomplish energy efficiency, increased use 
of distributed renewable energy technology and effective load management, while 
maintaining healthful indoor air quality. The ballie The program is administered as a 
partnership between Efficiency Maine, as established in Title 35-A, chapter 97, and the 
ballie. The ballie shall provide financial expertise and program capital and approve all 
. financial transactions under the program. Efficiency Maine shall administer other aspects 
of the program relating to the application and use of distributed renewable energy 
technology and effective load management measures. 
The specitlc division of 
responsibilities and funding for administration of the program between the bank and 
Efficiency Maine shall be established by written agreement between the entities on 
commercially reasonable terms consistent with the requirements of this section and any 
other applicable provision of law. Both entities shall ensure smooth integration of the 
program with other programs and measures adopted by Efficiency Maine. Efficiency 
Maine shall issue a request for proposals for energy audits of municipal and school 
buildings and for energy savings that could be achieved through cost-effective usage of 
distributed renewable energy technology and imp~ovements to load management, heating 
and cooling systems, windows, insulation, lighting and. equipment in municipal and 
school buildings. Identification of cost-effective improvements to achieve net energy 
savings under the program must be based on a comprehensive energy audit that has been 
performed within the previous 5 years by a professional engineer licensed in this State. 
who had no expectation at the. 'time of the audit of receiving further compensation for 
work related to implementing any recommendations made. . An energy audit that is 
financed under the program or· is the basis . for cost-effective energy efficiency 
improvements financed under the program must address compliance with, the me4:!t 
buildine: ener£v code Maine Uniform Building and Energy Code adopted bv the Public 
Utilities Commission 13ursuant to +'tl 
;9§ " 
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J i, sectIOn 121 pursuant to Title 10, chapter 
2. Access to the program. Municipalities and school administrative units may have 
access~to the program regardless of whether the municipality or school administrative unit 
utilizes a loan pursuant to this section to finance an energy audit or cost-effective energy 
efficiency improvements. 
3. Proposals; contracts. +he ballie Efficiency Maine, as established in Title 35-A, 
chapter 97, shall solicit proposals from energy service companies and individual vendors 
of energy .service products. Notwithstanding any provision of the law regarding bidding 
requirements, the bank and EffiCiency Maine shall contract with an energy service 
company or companies or vendor or vendors tO,provide energy services in municipal and 
school. buildings under the program. 
\Vhenever the bid 13F013osals received are 
substantially equivalent, the ballie shall in the contract 13rocess select an in state energy 
service company or vendor vlhose primary place of business is \vithin this State. A 
contract must meet applicable requirements of Title 35-A, chapter 97 and may apportion 
forward capacity market payments administered by the regional transmission 
organization or other capacity payments among project partners. 
For public school 
projects, bid proposals feir energy efficiency improvements must include plans and 
. 
specifications that are adequate to permit review by the agencies listed under Title 20-A, 
section 15903, subsection 3 and that bear the stamp of a licensed professional engineer or 
'licensed architect. The agencies listed in Title 20-A, section 15903, subsection 3 shall 
review the plans and specifications and approve or disapprove them within a reasonable 
time period. 
4. 
Loan; loan agreements. Loans from the bank for energy efficiency energy-
related improvements must be structured to ensure to the greatest extent possible that the 
cost savings achieved by the energy efficiency improvements are sufficient to cover the 
loan and ultimately to achieve a net positive cash flow as early as practical. The rate of 
interest charged for loans made through the program for energy efficiency improvements 
or energy audits must be below the currently available rate of interest charged' on 
commercial loans of equiva}ent term and use. 
.. Energy Payment Equalization Fund. The bank shall establish a fund called the 
Energy P"yment Equalization Fund. To the extent that the fund has assets avail<lble to it 
33' 
through funding by federal, state or local govemments, or grants, gifts, donations or 
paymcnts from any othe~ source, money in the fund may be applied to loans made to 
municipalities in the program if achieved energy savings are not sufficient to offset the 
debt service payments on a loan made through the program. This fund may include 
deposits' made by energy service companies or vendors to guarantee their commitment to 
achieve energy savings sufficient to offset debt service payments but may not include any 
other donations or payments from vendors or interested parties. The fund may be used to 
providc general interest rate reductions or principal reductions on any loan or group of 
loans made under thc program for energy audits or for energy efficiency improvements 
regardless of encrgy cost savings that may be achieved through the use of the proceeds of 
the loans or loan. 
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6. Report to the Legislature. Beginning in 2008, the bank shall rcport annually by 
March 1 st to the joint standing committee of the Legislature having jurisdiction over 
utilities and energy matters regarding the program. Beginning in 2010, Eftieicncy Mainc", 
as established in Title 35-A, chapter 97, shall report jointly with the bimk. The report 
, must document program activity during the prior 12 months, including, but not limited to, 
contracts made with energy, service companies or vendors, loans made to municipalities 
or school administrative units, energy audits conducted and energy ef'ficiency 
improvements implemented. 
Sec. B-2. 30-A MRSA §5954-A, sub-§l, as amended by PL 2005, c. 190, § 1, is 
further amended to read: 
1. 
Authority. 
In addition to its other enumerated powers, but subject to the 
limitations imposed under subsection 2, the bank, on behalf of or in partnership with one 
or more governmental units or nonprofit corporations organized under the Internal 
Revenue Code, Section 501, may aggregate governmental units and nonprofit 
corporations to purchase in bulk electricity, petroleum products, fuel oil and, natural gas 
and the services of energy service companies and individual vendors of encrgy service. 
products. 
Sec. "-3. 30-A MRSA §6006-A, sub-§6 is enacted to read: 
6. Consultation with Efficiency Maine. The bank shall consult and coordinate with 
Efficiency Maine, as established in Title 35-A, chapter 97, to ensure that funds expended 
or used under this section maximize advancement of state policies regarding energy 
efficiency, load management and use of distributed renewable energy technology. As 
used in this subsection, "distributed renewable energy technology" has the same meaning 
as in Title 35-A, section 102, subsection 4-A. 
Sec. B-4. 30-A MRSA §6006-B, sub-§6 is enaCted to read: 
6. Consultation with Efficiency Maine. The bank shall consult and coordinate with 
Efficiency Maine, as established in Title 35-A, chapter 97, to ensure that funds expended 
or used under this section maximize advancement of state policies regarding energy 
efficiency, load management and use of distributed renewable energy technology. As 
used in this subsection, "distributed renewable energy technology" has the same meaning 
as in Title 35-A, section 102, subsection 4-A. 
. 
Sec. H-5. 30-A MRSA §6006-C, sub-§6 is enacted to read: 
6. Consultation with Efficiency Maine. The bank shall consult and coordinate with 
Efficiency Maine, as established in Title 35-A, chapter 97, to ensure that funds expended 
or used under this section maximize advancement of state policies regarding energy 
efficiency, load management and use of distributed renewable energy technology. As 
used in this subsection, "distributed renewable energy technology" has the same meaning 
as in Title 35-A,section 102, subsection 4-A. 
. 
Sec. H-6.30-A MRSA §6006-D, sub-§4 is enacted to read: 
4. Consultation with Efficiency Maine. The bank shall consult and coordinate with 
Efficiency Mail!e, as established in Title 35-A, chapter 97, to ensure that funds expended 
or used under this section maximize advancement of state policies regarding energy 
efficiency, load 'management and use of distributed renewable energy technology. As 
used in this subsection, "distributed renewable energy tecimology" has the same meaning 
as in Title 35-A, section 102, subsection 4-A, 
Sec. B-7. 30-A MRSA §6006-]E"as amended by PL 1999, c. 81, §15, is further 
amended to read: 
§6006-E. Maine school facilities finance lease-purchase program 
In addition to and in furtherance of any other assistance available to a school 
administrative unit in this chapter, the bank, in cooperation with. the DepaJiment of 
Education, shall establish a lease-purchase program for buildings to be used by all school 
administrative 
units 
whose 
school 
facility 
lease-purchase 
payments. receive 
reirnbursement, . subsidy or other payment from the State. 
For the purposes of this 
section, a 
lease-purchase program is a system for awarding leases fo-r a school 
administrative unit pursuant to a competitive bidding process. The bankshall consult and 
coordinate with Efficiency Maine, as established in Title 35-A, chapter 97, to ensure that 
funds expended or used under this section maximize advancement of state policies 
regarding energy efficiency, load management and use of distributed renewable energy 
technology. As used in .this section, "distributed renewable energy tecimology" has the 
same meaning as in Title 35-A, section 102, subsection 4-A. 
. 
Sec. B-3. 30-A MRSA §6006-F, sub-§9 is enacted to read: 
9. Consultation with Efficiency Maine. The bank shall consult arid coordinate with 
Efficiency Maine, as established in Title 35-A, chapter 97, to ensure that funds expended 
or used under this section maximize advancement of state policies regarding energy 
efficiency, load managen1ent and use of distributed renewable energy technology. As 
used in this subsection, "distributed renewable energy tecimology" has the same meaning 
as in Title 35-A, section 102, subsection 4-A. 
. 
. 
. Sec. B-9. ~O-A MRSA §6007, sub-§3 is enacted to read: 
3. Consultation with Efficiency Maine. The bank shall consult and coordinate with 
31, 
Efficiency Maine, as established in Title 35-A, chapter 97, to ensure that' funds expended 
or used under this section maximize advancement of state policies regarding energy 
efficiency, load' management and use of distributed renewable energy technology. As 
used in this subsection, "distributed renewable energy tecimology" has the same meaning 
as in Title 35-A, section 102, subsection 4-A. 
Sec. B-IO. 30-A MRSA §6008, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. 
. 
C, ~ 1 06 and amended by PL 1989, c. 6; c: 9,§2; and c. 104, PI. C, §§8 and 10, is further 
amended to rcad: 
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§600S. Additional reserves and funds 
The bank may establish any additional and further reserves or any other funds or 
accounts that are, in its discretion, necessary, desirable or convenient to further ·the 
. accomplishment or" the purposes of the bank to cOinplywith the provisions of any 
agreement made by or any resolution of the bank. The bank shall consult and coordinate 
with Efficiency Maine, as established in Title 35-A, chapter 97, to ensure that funds 
expended or used under this section maximize advancement of state policies regarding 
energy efficiency, load management and use of distributed renewable energy technology. 
As used in this section, "distributed renewable energy technology" has the same meaning 
as in Title 35-A, section 102, subsection 4-A. 
PART I 
. Sec. 1-1. 35-A MRSA §102, sub-§4-A is enac,ted to read: 
4~A. Distributed renewable' energy technology. "Distributed rencwable energy 
technology" means a product or facility or cluster of products or facilities that has a 
generating capacity of not more than 5 megawatts or an equivalent amount or heat energy 
and either generates energy in a manner that results in no carbon dioxide emissions or 
. that relies onone or more 0 I' the following: 
. 
A. Fuel cells; 
B. Tidal power; 
C. Solar arrays and installations; 
D. Wind power installations; 
E. Geothermal installations; 
F. Hydroelectric generators; 
G. Electric thermal storage; or 
H. Air source heat pumps; 
Sec. 1-2. 35-A MRSA §102, sub':'§4-B is enacted to read: 
4-B. Efficiency Maine. "Efficiency Maine" means the entity established in section 
10103 and includes the administrator of that entity. 
Sec. 1-3. 35-A MRS A §103, sub-§2, ClJrE is enacted to read: 
E. The chair of the commission is a member of the board of Efficiency Maine and 
the commission shall regulate the administrator of Efficiency Maine to the extent 
provided by law. 
. 
Sec. 1-4. 35-A MRSA §103, sub-§2, -ITF is enacted to read: 
F.' The commission shall regulate appliances in accordance'with chapter 99. 
' 
Sec. 1-5. 35-A MRSA §702, sub-§2, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
2. Distributed renewable energy technology. No public utility providing electric 
orgas· service may consider the use of solar energy. distributed renewable energy 
technology by a customer as a basis for establishing higher rates or charges for energy or 
service sold to the customer. 
Sec. 1-6. 35-A MRSA §702-A is enacted to read: 
§702-A. Cooperation with Efficiency Maine and energy service providers 
1. 
Definition; rules. 
For purposes of this section, "eligible entities" means 
Efficiency Maine and other entities designated by rules adopted by the commission, 
including but not limited to energy service providers and entities providing financing for 
construction that meets the green design building standard as defined in Title 5, section 
1764-A. Rules adopted pursuant to this section are routine technical· rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
2. In general. A transmission and distribution utility or a gas utility shall cooperate 
and coordinate with eligible entities in ensuring that ratepayers have an opportunity to 
benefit from increased energy efficiency or conservation, effective load management and 
instalIation of distributed renewable energy technology. 
3. Partnership on projects. A transmission and distribution utility or a gas utility 
shall infonn Efficiency Maine of any program or measure it proposes to adopt to promote 
energy efficiency or conservation or distributed renewable energy technology and shall 
propose tenns on which Efficiency Maine may become a partner in the program or 
measure. Efficiency Maine may fund the program or measure in whole or in part, but in 
no instance may the cost of such a program or measure be passed through to ratepayers, 
except insofar as the cost of credits purchased under section 10009 is passed on to 
ratepayers. A transmission and distribution utility or a gas utility shall infonn Efficiency. 
Maine of any program or measure it proposes to adopt to promote effective load 
management and may propose tenns on which Efficiency· Maine may become a partner in 
the program or measure. 
4. Access to billing system. A transmission and distribution utility or a gas utility 
shall pennit eligible entities to make use of its billing system to collect amounts due from 
ratepayers for energy efficiency and conservation, load management and distributed 
renewable energy technology products and services. Such use of a utility's billing system 
must be on commercially reasonable tem1S, and a utility may require that any payment 
made by the ratepayer be applied first to its obligations to the utility. 
5. Distribution of information. A transmission and distribution utility or a gas 
utility shall pennit Efficiency Maine to distribute infom1ation of a teclmical nature about 
its programs and measures or about steps ratepayers may take to increase energy 
efficiency or conservation, effective load management or adoption of distributed 
rcnewnblc energy technology. Such use of the billing system must be on commercially 
reasonable tcn11S. 
lnfonnation distributed may not express any viewpoint,. unless the 
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utility agrees to distribute infonnation that expresses a viewpoint, or otherwise be 
designed so that compelled distribution of the infonnation would infringe on a utility's 
rights to free speech and association under the Fourteenth Amcndment to the United 
States Constitution. 
6. Cooperation in gathering and analyzing data. A transmission and distribution 
utility or a gas utility shall cooperate with Efficicncy Maine and with the commission in 
providing information from the utility's operations and other sourecs to evaluate 
Efficiency Maine's performance and to effectuate the purposes of chapter 97. To the 
extent that infonnation provided is designated confidential by statute or is otherwise 
exempt from the definition of "public records" under Title 1, scction 40"', Eflicicncv 
Maine and the commission shall treat the infonnation as conlidential, and such 
information does not become a public record merely by virtuc of bcing in the possession 
of Efficiency Maine or the commission. 
Efficiency Maine and the commission shall 
ensure transparency by means other than public disclosure of such infonnation when such 
information is ~onsidered .or used by Efficiency Maine or thc commission' in Lindcrtaking 
its functions under law. 
Sec. 1-7. 35-A MRSA §1302, sub-§3, as enacted by PL 1987, c. 141, PI. A, g6, is 
amended to read: 
3.· Complaint by utility, Efficiency Maine or commission. Thc commission may 
institute or Efficiency Maine or any public utility may make complaint as to any matter 
affecting its own product, service or charges. The complaint ffiall must be processed in 
accordance with subsection 2. 
. 
Sec. 1-8. 35-A MRSA §1311-B, as enacted by PL 2001, c. 135, gl, is amended to 
read: 
§1311-B. Security of certain ·information 
1. Designation of info'rmation as confidential. If the commiSSIOn, on its own 
motion or on petition of any person or entity, determines that public access to specific 
information about public utility or Efficiency Maine technical operations in the State 
could compromise the security of public utility systems to the detriment of the public 
interest,the commission shall issue ·an order designating that information as confidential. 
Infonnation designated as confidential pursuant to this section may include, but is not 
limited to, emergency response plans and network diagrams. Information designated as 
confidential under this section is not a public record under Title 1, section 402, subsection 
.. 
2. Treatment of information by commiSSIOn; generally. 
Except as otherwise 
provided in this section, the commission may not release information designated as 
confidential under subsection 1 and shall take appropriate steps to protect such 
infonnation in its possession. 
3. Access to information by parties in proceeding. Dt:!signation of information as 
confidential under subsection 1 .does not limit the right of ~ party in a proceeding before 
the commission to .obtain discovery of that information. 
Notwithstanding section 
13II-A, subsection I, paragraphs A and C, the commission may issue a,protective order' 
limiting discovery of information designated as confidential pursuant to subsection 1 if 
the commission finds that specific limits are necessary to protect the public interest. 
44. Release of information to other state agencies. The commissiori may release 
information designated as confidential pursuant to subsection I or require the release of 
that information by a public utility or Efficiency Maine to another state agency to the 
extent' necessary. to support emergency preparedness or response, law enforcement or 
other public health' and safety activities. The commission shall consult with a public 
utility or Efficiency Maine before releasing or requiring the release of confidential' 
information aboutthat utility or Efficiency Maine, respectively, to a state agency unless 
the commission determines that the public health and welfare require immediate release 
without such consultation. The commission shall notify a public utility or Efficiency 
.Maine within 2 business days of providing information about that utility or Efficiency 
Maine to a state agency pursuant to this subsection. 
As soon as practicable after 
receiving notice from a state agency pursuant to subsection 5, paragraph B of the agency's 
intent to release the information, the commission shall notify the public utility or 
Efficiency Maine of the agency's intent. 
5. Release by other state agencies. A state agency that. receives information about a 
public utility or Efficiency Maine pursuant to subsection 4: 
A. 
May not use that information for any purpose other than for the support of. 
emergency preparedness or response, law enforcement or other public health and 
safety activities; 
B. May not release that information to any other person or entity without prior notice 
to the commission unless the' agency determines that immediate release of the 
information to one or more persons or entities is necessary for the protection of 
public health and safety; and 
C. 
Shall, when finished with the use of any documents received from the 
commission or from a public utility or from Efficiency Maine pursuant to subsection 
4, return the documents to the commission ef~ the public utility or Efficiency Maine, 
as appropriate. 
Sec. 1-9. 35-A MRSA §1508-A, sub-§I, ~E is enacted to read: 
E. 
In addition to the administrative penalties authorized by this subsection, the 
commission shall award reasonable costs, including reasonable attorney's fees, to 
Efficiency Maine if Efficiency Maine' brought the complaint resulting in the 
imposition of such administrative penalties. 
Sec. 1-10. 35-A MRSA §1702, ~ub-§I, CffB, as amended by PL 1999, c. 398, Pt. 
A, §24 and affected by §§ 1 04 and 105, is further amended to read: 
B. 
TIll.:: reasonableness and adequacy of the service furnished or proposed to be 
l"urnislll.::d by any public utility ef~ competitive service provider or the administrator of 
. Efficiency Maine; 
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Pagd I - 124LRl724(Ol)-1 
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Sec. I-It. 35-A MRSA §1702, sub-§I,"~E, as enacted by Pl 1987, c. 141, PI. A, 
§6, is amended to read: 
E. 
Tenus and conditions of public utilities and the administrator of Efficicncy 
Maine; 
" 
Sec. 1-12. 35-A MRSA § 1702, sub-§5, as amended by Pl 1999, c. 398, PI. A, 
§26 and affected by §§104 and 105, is further amended to read: 
5. Intervention on behalf of public. The Public Advocate may, on behalf of the 
using and consuming public, or any particular group of consumers, petition to initiate, or 
intervene and appear in, any proceedings before the commission, u"ppeals from orders of 
the commission, or proceedings before state and federal agencies and courts in which the 
subject matter of the action affects the customers. of any utility or competitive service 
provider doing business in this Siaie or the entities served by Efticiency Maine, except 
that the Public Advocate may not intervene in any p~oceeding in which the commission 
staff is representing a position substantially similar to that of the Public Advocate, as 
detennined by the Public Advocate. 
Sec. 1-13. 35-A MRSA §2903, sub-§7, as amended by PL 1999, c. 398, PI. A, 
§41 and affected by §§104 and 105, is furth~r amended to read: 
7. Public utility. "Public utility" means Efficiency Maine or any transmission and 
" distribution utility, water utility or gas utility that is subject to the jurisdiction of the 
. \, 
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commiSSIOn. 
Sec. 1-14. 35-A MRSA §3132, sub-§2-C is enacted to read: 
2-C. 
Efficiency. 
The commiSSIOn shall recommend to an applicant under this 
section for a new transmission line minimum standards of efficiency that are technically 
and economically feasible and that create no conflict with any legally mandated health or 
safety standards. The applicant must, as a condition of obtaining a certificate of public 
convenience and necessity," certify that efficiency standards recommended by the 
commission have been considered and state the extent to which confonuance with the 
recommended standards wiil be achieved. 
The commission may contract with the 
administrator of Efficiency Maine" to develop recommended minimum standards of 
efficiency and may do so under tenus that recognize the benefits resulting or likely to 
result from those minimum standards as discharging a portion of Efficiency Maine's 
"obligations under section 10009, subsection 2, paragraph E and that treat such recognition 
as partial or full consideration for the administrator's fulfillment of its obligations under 
the contract. " 
Sec. 1-15. 35-A MRSA §3195, sub-§I-A is enacted to read: 
I-A. Decoupling with respect to peak load. The commission shall set for each 
transmission and distribution utility an annual target for peak load reduction that is not 
attributable to the activities of Efficiency Maine and shall establish a rate adjustment 
mechanism that decouples utility profits from utility sales with respect to peak load 
reduction. 
PARTJ 
Sec. J-l. 35-A MRSA §1508-A, sub-§l, IlJTA, as enacted by PL 2003, c.505, . 
§23, is amended to read: 
A. For willful violations of this Title, a commission rule o~ a commission order by a, 
public utility or a competitive electricity provider, or a willful violation of section 
10009, subsection 2 by a heating fuel wholesaler, the commission may impose an' 
,administrative penalty for each violation in an amount that does not exce~d $5,000 or 
.25% of the annual gross revenue that the public utility eF~ the competitive electricity 
provider or the heating fuel wholesaler received from sales in the State, whichever 
amount is lower. Each day a violation continues constitutes a separate offense.· The 
m~ximum administrative penalty for any related series of violations may not exceed 
i 2 
$500,000 or 5% of the annual gross revenue that the public utility eF~ the competitive 
electricity provider or the heating fuel wholesaler received from sales in the State, 
whichever amount is lower. 
Sec. J-2. 35-A MRSA §1508-A, sub-§l, 1lJTB, as enacted by PL 2003, c. 505, 
§23, is amended to read: 
B. For a violation in which a public utility or a competitive electricity provider was 
explicitly notified by the commission, that it was not in compliance with the 
requirements of this Title, a commission rule or a commission order or a violation in 
which a heating fuel wholesaler was explicitly notified by the commission that it was 
not in compliance with section 10009, and that failure to comply could result in the. 
imposition of administrative penalties, the commission may impose an administrative 
penalty that does not .exceed $500,0()0. 
. 
Sec. J-3. 35-A MRSA §3210, sub-§3-A, Ilj]A, as corrected by RR 2007, c. 2, 
§20, is amended toread: 
A. Except as provided in paragraph B, beginning January 1, 2008, as a condition of 
27. 
licensing pursuant to section 3203, each competitive electricity provider in this State 
must demonstrate in a manner satisfactory to the commission that the percentage of 
its portfolio of supply sources for retail, electricity sales in this State accounted for by 
new renewable capacity resources is as follows: 
(I)' One percent for the period from January I, 2008 to December 31,2008; 
(2) Two percent for thc period from January 1,2009 to December 31, 2009; 
(3) Three percent for the period from January I, 20 I 0 to December 31, 20 10; 
(4) FooT Five percent for the period from January I,' 20 II to December 31, 20 II; 
(5) Ftve Seven percent for the period from January' 1, 2012 to December 31, 
2012; , 
(6) ~ 
Nine percent for the period from January I; 2013 to December 31, 2013; 
(7) ~ 
Twelve percent for the period from January 1,2014 to December 31, 
2014; 
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(8) ~ 
Fifteen percent for the period fi'om January I. 2015 to December 31. 
2015; 
(9) Nffie Nineteen percent for the period from January 1, 1016 to December 31, 
2016; and 
(10) +eft Twenty-three percent for the period from January 1, 2017 to December 
31,2017. 
New renewable capacity resources used to satisfy the requirements of this paragraph 
may not be used to satisfy the requirements of subsection 3. 
Sec. J-4. 3S-A MRSA §3210, sub-§3-A, '1lB, as enacted by PL 1007, c. 403, §4, 
lOis amended to read: 
B. Suspensions of scheduled increases in the portfolio rcquirements as provided in 
paragraph A are governed by this paragraph. 
(1) If by March 31 st of the years 2010, 2012, 2014 and 1016 the commission 
detennines that investment in new r~newable capacity resources in the preceding 
IS 
calendar years has not been sufficient for competitive electricity providers to' 
meet the portfolio requirements under paragraph A and that the resulting use of 
renewable energy credits pursuant to subsection 8 or the alternative compliance 
payment mechanism pursuant to subsection 9, or both of these methods, has 
burdened electricity customers in the State without providing the benefits of new 
renewable capacity resources, the commission may suspend all or some of the 
future scheduled increases in the portfolio requireinents under paragraph A. 
·27 
(2) 
If the commISSIOn finds that alternative compliance payments are made 
pursuant to subsection 9 in 3 consecutive calendar years, the commission shall 
temporarily suspend all or some of the future scheduled increases in the port,folio 
requirements under paragraph A. 
(3) 
If the commission suspends any scheduled increases in the portfolio 
requirements under paragraph A pursuant to subparagraph (1) or (2), the 
commission may resume increases; limited to no more than eRe J percentage 
peffit points per year over the previous year, in the portfolio requirements after a 
minimum of one year. 
Sec. J-S. 3S-A MRS A §3211-A, as amended by PL 2007, c. 317, §§3 to 13, is 
repealed. 
Sec. J-6. 3S-A MRS A §4711, as enacted by PL 2005, c. 110, § I, is repealed. 
Sec. J-7. 3s-A MRS A §10001, sub-§l, as enacted by PL 2003, c. 644, §9, is 
amended to read: 
1. General. The commission shall provide to the public infonnation about energy 
technologies and energy efficiency practices, including any state building energy 
standards and their implementation. 
The cornrriission may contraCt with Efficiency 
Maine in discharging this duty. In providing public infonnation, the commission shall 
consider: 
. 
A. 
The aspects. of energy technologies, energy efficiency practices and building 
energy standards and their implementation about which the public needs information; 
3. 
B. The most effective means 6fproviding the information; and 
C. The members of the public who would most benefit from public infonnation. 
Sec. J-S. 35-A MlRSA §l0002, as enacted by PL 2003, c. 644, §9, is repealed. 
Sec. J-9. 35-A MlRSA §10003, .as enacted by PL 2003, c. 644, §9, is repealed. 
Sec. J-IO. 35-A MRSA §10004, as enacted by PL 2003, c. 644, §9, is amended to 
read: 
§ 1 0004. Federal energy programs 
1. 
Administration of programs. 
The commission Efficiency Maine shall 
administer:. 
A. The United States Department of Energy State Energy Program; and 
B. GtheF Except as otherwise provided by law, other federally funded programs 
related to functions that the commission EffiCiency Maine perfonns. 
Sec. J-l1. 35-A MlRSA §10005, as enacted by PL 2003, c. 644, §9, is an1ended to 
read: 
§10005. 
Energy Conservation Small Business Revolving Loan Program; Energy 
. 
Conservation Small Business Revolving Loan Fund 
' 
. 
1. 
Program and fund. The commISSIon Efficiency Maine shall implement the 
Eriergy Conservation Small Business Revolving Loan' Program, referred to in this 
subsection as "the program," and the Energy Conservation Small Business Revolving 
. 
Lo~n Fund, referred to in this subsection as "the fund." The fund consists of federal 
capitalization grants and awards made to the State for the purposes for which the fund is 
established; any amounts deposited by the commission Efficiency Maine into the fund 
from the conservation· program fund established in section 3211 A, subsection 5; 
principal and interest received from the repayment of loans made from the fund and any 
interest eamed on investment of fund balances; and any other funds from any public or 
private source received for use of any of the purposes for which the 'fund is established. 
The fund is a nonlapsing revolving fund account. 
A. The commission Efficiency Maine shall credit all repayments of loans made to 
businesses, including interest, penalties and other fees and charges related to fund 
loans to the fund account. 
. 
B. Money in the fund not needed to meet the current obligafions of the program must 
be deposited with the Treasurer of State to the credit of the fund account and may be 
invested in such manncras is provided by law. Interest received on that investment 
mLlst be credited to thc rund account. 
C. At the end or each tiscal ycar, all unencumbered balances iii the fund account may 
must be carried rorward to be Llsed for the purposes specified in this subsection. 
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Sec. J-12. 35-A MRSA §l0006, as enactcd by PL 2005, c. 534, ~2, is amcnded to 
read: 
§10006. Energy efficiency of rental properties 
1. Residential energy efficiency disclosure statement. . The commission and the 
The Maine State Housing Authority, in consultation with Erticicncy Mainc, shall prcpare 
a residential energy efficiency disClosure statement fonn for landlords and othcr lessors 
of residential properties to use to disclose to tenants and lessccs in compliance with Title 
14, section 6030-C information about the energy efficiency of the property in order to 
. comply. ,>'{ith,Title 14, section 6030 C, including a comparison with estimated residcntial 
energy efficiency for similar units in similar buildings that meet the standards of the 
'Maine Unifonn Building and Energy Code established under Title 1 0, chapt~r 1103 and, 
if Efficiency Maine and the Maine State· Housing Authority.determine appropriate, the 
green deSIgn building standard, as defined in Tide 5, section 1 764-A. .. The commission 
and the The Maine State Housing Authority and Efficiency Maine shall post and maintain 
the statement required by this subsection on the Internet· in a fon11Clt that is casily 
accessible by the public ... 
2. Suggested energy efficiency standards. The commission Efficiency Maine and 
the Maine State Housing Authority shali prepare suggested energy efficiency standards· 
for landlords and other lessors of residential property that is used by the tenant or lessee 
as a primary residen~e.· Th.e commission Efficiency Maine and,the Maine State Housing 
. Authority shall post and maintain the standards required by this subsection on the Internet 
in a fOItnat that is easily accessible by the public, 
. 
Sec. J-13. 35-A'MRSA §10008, sub-§6, ~A, asen~cted'by PL 2007, c, 317, 
§ 15, is amerided to read: 
A. The trust fund milst be administered and, expenditures authorized by a program 
Efficiency Maine's administratoLselected by the trustees whose qualifications must 
include demonstrated eJq3ertise in the management of electricity efficiency 
programming and supervision of energy efficiency personneL The administrator, who 
shall report to the trustees. The administrator Efficiency Maine shall hire and 
organize staff resources for the trustees. 
Sec .. J-14. 35-A .MRSA· §10008, sub-§6, ~H~ as enacted by PL 2007, c. 317, 
§ 15, is amended to read: 
H. . In order to minimize administrative costs and maximize program participation 
and effectiveness, the trustees and the commission shall, to the greatest extent 
feasible, coordinate .the delivery of and make complementary the energy efficiency 
programs under this section, section 3211 A chapter 97, insofar as programs under 
that chapter relate to electricity, and section 321 O-C. 
. 
Sec. J-15. 35-A MRSA §10009 is enacted to read: 
§10009. Energy efficiency resource standard. 
1. Definitions; As used in this seCtion, unless the context otherwise indicates, the 
following tenns have the following meanings. . 
· A. "Administration fund" means the conservation administration fund established by 
the commission pursuant to subsection 7. 
B. "Administrative costs" means costs ofihe commission and of Efficiency Maine's 
board members that are funded pursuant to and associated with the implementation of 
this seCtion and chapter 97, including, but not limited to, costs of program planning 
and evaluation, ·costs of securing necessary expertise, costs associated with contract 
fonnation and administration and costs of monitoring and enforcing contractual 
obligations. 
C. "Base quantity" means:· 
(1) With respect to a transmission and distribution utility or a gas utility, the total 
quantity of electric energy or natural gas delivered by the utility to retail 
customers in. the State,. other· than natural· gas delivered to a competitive 
electricity provider for purposes of electricity generation, during the most recent 
calendar year for which infonnation is available; or' 
(2) With respect to a he.ating fuel wholesaler, the total quantity of home heating 
oil, kerosene or liquefied petroleum gas delivered for resale in the State through 
retail outlets and retailers, for the purpose of cooking or heating, during the most 
recent calendar year for which infonnation is available. 
D. "Combined heat a·nd power savings" means the increment of electric output of a 
new combined heat and power system, combined cooling, heating and power system 
or -similar technologyd tliat is attributable to the higher efficiency of the combined 
· system as compared to the efficiency of separate production of the electric, cooling 
and thennal outputs, as determined in accordance with rules adopted by the 
commission. For purposes of this paragraph, "new combined heat and power system" 
means a system that uses: the same energy source for the generation of electrical or 
mechanical power and the production of cooling or steam or· another fonn of useful 
· thennal energy, if: 
(1 ) The facility at which the system is used meets requirements relating to 
efficiency and other operating characteristics established by the· commission by 
rule; 
(2) The net wholesale sales of electricity by the facility will not exceed 50% of 
total annual electric generation by the facility; and 
(3) The facility conunences operation after the effective date of this section. 
E. "Customer facility savings" means a reduction in end-use electricity, natural gas 
or heating fuel consumption, including recycled energy savings, at a facility of an 
end-usc consumer of· electricity or· natural· gas served by a transmission and 
distribution utility or a gas utility, or ofheating1uel, as compared to: 
Puge 37 - 124LRI724(OI)-1 
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(1) Consumption at that facility during a base year, as dctennined in accordance 
with rules adopted by the commission; 
(2) In the case of new equipment, regardless of whether the new equipment 
replaces existing equipment at the end of the useful life of the existing 
equipment, consumption by new equipment of average efficiency, as detcnnined 
in accordance with rules adopted by the commission; or 
(3) 
In· the case of anew facility, consumption .at a reference facility, as 
determined in accordance with rules adopted by the commission. 
F. "Electricity savings" means, as determined in accordance with rules adopted by 
the commission: 
(1) Customer facility savings of electricity consumption, adjusted to ret1ect any 
associated increase in fuel consumption at the facility; 
(2) Customer facility reductions in demand on the electricity distribution system 
achieved through use of distributed renewable energy technolof..'Y, adjusted to 
ret1ect any associated increase in fuel consumption at the facility; 
(3) 
Reductions in distribution system losses of electricity achieved by a 
transmission and distribution utility, as compared to losses attributable to new or 
replacement distribution system equipment of average efficiency; and 
(4) Combined heat and power savings. 
G. "Heating'fuel savings" means, as determined in accordance with rules· adopted. by 
the commission, customer facility savings of heating fuel consumption, adiusted to 
. ret1ect any associated increase in other fuel or electricity consumption at the facility, 
except to the extent that the increased consumption results from use of distributed 
. renewable energy teclmology. 
H. "Heating fuel wholesaler" means a person that sells home heating oil, kerosene or 
liquefied petroleum gas for resale in the State through retail outlets and retailers, for 
the purpose of cooking or heating. 
I. "Natural gas savings" means, as determined in accordance with rules adopted by 
the commission: 
(1) Customer facility savings of natural gas, adjusted to ret1ect any associated. 
increase in electricity or fuel consumption at the facility, except to the extent that 
the increased consumption results from use of distributed renewable energy 
teclmology; and 
. 
. (2) Reductions in leakage, operational losses and natural gas fuel consumption in· 
the operation of a gas distribution system achieved by a gas utility, as compared 
to similar losses during a base year. 
. 
J. "Recycled energy savings" means a reduction in electricity, natural gas or heating 
fuel consumption that is attributable to electrical or mechanical power,. or both, or 
thermal energy, produced by modifying an industrial or commercial system that was 
in operation before the effective date of this section in order to recapture energy that . 
would otherwise be wasted. 
K. 
"Efficiency Trust Fund" means the Efficiency Trust. Fund established under 
subsection 5. 
2. Purchase of efficiency credits. For calendar year 2008 and each calendar year 
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thereafter up to and including 2018, a transmission and distribution utility, gas utility or 
heating fuel wholesaler shall purchase from Efficiency Maine, not later than September 
30th of the calendar year after the applicable calendar year, a number of efficiency credits 
as prescribed in this subsection 
. 
A. A transmission and distribution utility. shall annually purchase credits equal to 
15% of its base quantity. A credit for electricity has the value of one kilowatt hour 
and an initial cost of $0.06 or 60% of the average retail cost per kilowatt hour of 
electricity delivered by the transmission and distribution utility, whichever is less, as 
12detennined by the commission. 
. 
B. A gas utility shall annually purchase credits equal to 15% of its base quantity. A 
credit for natural gas has the value of one thenn and an initial cost of $0.88. 
C. A heating fuel wholesaler shall annually purchase credits equal to 8.25% of its 
·16 
base quantity. A credit for heating fuel has the value of one thenn and an initial cost 
of $0.88, and the commission shall publish the equivalent cost per gallon for home 
heating oil, kerosene and liquefied petroleum gas respectively .. 
. 21 
D. By 60 days after the effective date of this paragraph, and by March 1 st of each 
calendar year thereafter up to and including 2018, the· commission shall publish 
adjusted costs for efficiency credits for the amJlicable calendar year, which milst 
equal the lesser of: 
(1) Sixty percent of the average retail cost in the State of the applicable energy 
type, such as. electricity, natural gas, home heating oil, kerosene or liquefied 
petroleum. gas, as detennined in. accordance with rules adopted by the 
commission, rounded to the nearest one-hundredth of a cent per credit; and 
(2) 
The inflation-adjusted value of the applicable. efficiency credit type, 
calculated to the nearest one-hundredth of a cent using the Consumer Price Index 
for Urban Wage Earners and Clerical Workers, or a successor index, for the 12 
months prior to January 1 st of the applicable year, as calculated by the United 
States Department of Labor. 
. 
E. By December 31,2019, Efficiency Maine shall achieve electricity savings, natural 
gas savil1gs and heating fuei savings equal to at. least the amount of credits for 
efficiency purchased for each energy source and veiifiedin accordance with 
subsection 3. Efficiency Maine shall meet annual benchmarks toward that goal. The 
contract with the administrator of Efficiency Maine under section 10106 must 
establish and require the administrator to meet the benchmarks. 
F. Efficiency Maine may retain any forward capacity market payments administered 
by the regional transmission organization or other capacity payments that may be 
attributable to projects funded in any measure by Efficiency Maine, except to the 
extent that Efficiency Maine assigns some portion of such payments to another 
individual or entity. 
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3. Measurement and verification of ·savings. Not later than 6 months aiter the 
effective date of this section, the commission shall adopt rules regarding measurement 
and veritication of electricity savings, natural gas savings and heating fuel savings under 
this section, including: 
. 
A. Procedures and standards Cor defining and measuring electricity savings, natural 
gas savings and heating fuel savings reported by Erticiency Maine, which must: 
(1) Specify the types of energy efficiency and energy conservation measures that 
will be eligible for the credits; 
(2) Require that energy consumption estimates for customer facilities or portions 
of facilities in the applicable base and current years be adjusted, as appropriate, to· 
account for changes in weather, level of production and relevant facility area; 
(3) Account for the useful life of electricity savings measures; 
(4) 
Include deemed savings values for specitic, commonly used eftlciency 
measures; and 
. 
(5) Exclude savings that are not properly attributable to measures carried out by 
Efficiency Maine or on behalf of Efficiency Maine; and 
. 
B. Procedures and standards for 3rd-party veritication of reported electricity savings, 
natural gas savings and heating fuel savings. 
. 
4. Enforcement. A transmission and distribution utility, gas utility or heating fuel 
wholesaler that fails to make timely purchase of all the efficiency credits it is required to 
purchase under this section is liable to Efficiency 'Maine for the cost of the unpurchased 
credits, for interest at a rate set by rule by the commission to reflect niarket rates and for 
any reasonable costs of collection, including costs of suit and reasonable attorney's fees, 
whether incurred in litigation or not. 
5. Funds held in trust. The Efficiency Trust Fund is established as a nonlapsing 
fund to carry out the purposes of Efficiency Maine. The fund is administered by the 
board of Efficiency Maine. Money in the fund not currently needed to meet obligations 
under ·chapter 97 or other laws administered by Efficiency Maine must be deposited with 
the Treasurer of State to the credit of the fund and may be invested as'provided by law. 
Interest on these investments must be credited to the fund. The State may not assess any 
indirect charges on the fund or any revenue received by the fund. All funds collected 
pursuant to tillS section, however allocated, including forward capacity market payments 
administered by the regional transmission organization or other capacity payments that 
may be attributable to projects funded in any measure by Efficiency Maine' with funds 
collected pursuant to tllis section, are collected under the authority of this section and for 
the purposes of chapter 97 and are held in trust for the purposes of benefiting electricity, 
natural gas and heating fuel consumers. These funds are not available to meet the general 
obligations of the State and may not be taxed by the State. The State pledges to, contracts 
with and agrees with the purchasers of efficiency credits and their customers who are 
beneficiaries of funds under this chapter that neither the State nor any of its agencies, 
including the commission, may limit, alter, amend, reduce or impair the trust, its funds or 
any rights under the trust or ownership of the trust or security interest in the trust. The 
State acknowledges that such owners, holders and beneficiaries may and will rely on this 
pledge, contract and agreement and that any such. limitation, alteration, amendment, 
reduction or impairment without adequate provision will irreparably harm such owners, 
holders and benefiCiaries. 
. 
6. 
Ratemaking and cost recovery. 
As determined by the commission, the 
assessments charged to transmission and distribution utilities and gas utilities under tIllS 
section a.re just and reasonable costs for rate-making purposes and must be reflected in 
their rates. In making its determination, the commission shall take into account the State 
and federal tax treatment of the assessments. 
7. Conservation administration fund; report. The commission shall establish a 
conservation administration fund to be used solely to defray administrative costs under 
this section and under chapter 97, shall assess Efficiency Maine in an amount not to 
exceed $1,300,000 in any fiscal year and shall deposit funds collected pursuant to this 
subsection into the conservation administration fund. Any interest on funds in the 
conservation administration fund must be credited to the conservation administration fund 
and any funds unspent in any fiscal year must either remain· in the conservation 
administration fund to be used to defray administrative costs or be transferred to the 
Efficiency Trust Fund. 
The commission shall report by December ·1 st of each year to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters an 
accounting of total deposits into and expenditures from the conservation administration 
fund during the prior 12 months and projected deposits into and expenditures from the 
conservation administration fund during the next 12 months. 
8. Support for Energy Resources Council. Notwithstanding·any other provision of 
this section, the Energy Resources Council established under Title 5, section 3327 may 
apply to the commission for funding from the conservation administration fund under 
subsection 7 to support projects and activities of the council related to energy 
conservation. The commission may provide up to $200,000 in any fiscal year to the 
council from the conservation administration ·fund if the funds are needed for particular 
projects or activities directed by the Legislature to be undertaken by the councilor the 
commission finds the projects or activities are generally consistent with the overall 
purposes of this section. 
9. Support for Maine Energy Conservation Board. Notwithstanding any other 
provision of this section, the Maine Energy Conservation Board. established under section 
10007 may apply to the commission for funding from the conservation administration 
lund under subsection 7 for statT support for the board. 
. 
10. Rules. The commission shall adopt rules necessary to implement this section .. 
Rules adopted under this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
PART K 
Sec. K-l. 5 MRSA §12004-G, sub-§10-C is ~nacted to read:. 
to-C. 
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Energy 
Efficiency Maine 
Expenses Only, 
35-A MRSA §10103 
Sec. K-2. 10 MRSA §963-A, sub-§10, EITR, as corrected by RR 1999, c. 1, §8, is 
amended to read: 
. 
R. 
Any paper industry job retention project; iffiEl, 
Sec. K-3. 10 MRS A §963-A, sub-§10, ';fS,as reallocated by RR 1999, c. 1, §9, 
is amended to read: 
S. Any transmission facilities project:-; and 
Sec. K-4. 10 MRSA §963-A, sub-§10, ifT is eriacied io read: 
T. An Efficiency Maine project. 
, 
Sec. K.,.5. 10 MRSA §963-A, sub-§10-A is enacted to read: 
lO-A. 
Efficiency Maine project. 
"Efficiency Maine project" means a project 
approved by the board of Efficiency Maine, as established in Title 35-A, section 10105, 
to carry out the purposes of Title 35-A, chapter 97 relating to increasing gas, heat or 
electric energy efficiency or conservation, distributed renewable energy technology as 
defined in Title 35-A, section 162, subsection 4-A or effective load managemerit. 
S_ec. K-6. 10 MRSA §1043, sub-§2, ~K, as amended by PL 2003, c. 506, §3, is 
further amended to read: 
K. In the case ofa paperindustry job retention project, the applicant is creditworthy 
and there is a strong likelihood that the revenue obligation securities will 'be repaid 
through the revenues of the project and any other sources of revenues and collater<\l 
pledged to the repayment of those securities .. To assist in making its determination 
the authority may engage, at the borrower's expense, independent consultants to ,assist 
in the evaluation of the project. In making this determination, the authority shall 
consider factors it considers necessary to measure and evaluate the sufficiency of the 
pledged revenues to repay the securities, including: 
(1) 
Whether individuals or entities obligated to repay the securities have 
demonstrated sufficient revenues from the project or from other sources to repay 
the securities and a strong probability that those revenues will contin'ue to be 
available for the term of the securities; 
(2) Whether the applicant demonstrates a strong probability that the project will 
continue to operate and to provide the public benefits projected .to be created for 
the term of the securities; 
(3) Whether the applicant demonstrates that the benefits projected to be created 
by the project are enhanced through the use of financial assistance from the 
authority; 
(4) Whether the applicant's creditworlhiness is demonstrated by such factors as 
historical financial performance, management ability and the applicant's plan for 
marketing products or service and its ability to access conventional financing; 
(5) 
Whether the applicant meets or exceeds industry average financial 
performance ratios commonly accepted in determining creditworthiness in that 
industry. 
In assessing projected financial performance, the authority must 
consider the value and effect of any contractual labor cost reductions that will. be 
in effect at the time the financial assistance is provided; 
(6) Whether collateral securing the repayment obligation, valued in place and in 
use, is reasonably sufficient under the circumstances; 
(7) Whether the owner will make an important equity contribution to the project. 
If the applicant requests financing assistance from the authority in an amount 
greater than $25,000,000, the amount financed by the authority may not exceed 
$25,000,000 plus 50% of the total project costs in excess of $25,000,000. If 
other financing is subordinate to the financing prov,ided by the authority, the 
amount financed by the authority may not exceed $25,000,000 plus 70% of the 
total project costs in excess of $25,000,000; and 
(8) Whether the applicant demonstrates that the need for authority assistance is 
due to the reduced cost. and increased flexibility of the financing for the project 
that result from the authority assistance and not from an inability to obtain 
necessary financing without the capital reserve fund security provided by the 
authority; ana 
. 
Sec. K-7. 10 MRSA §1043, sub-§2, Gf(L, as enacted by PL 2003, c. 506, §4, is 
amended to read: 
. 
L. In the case of transmission facilities projects, the applicant is creditworthy and 
there is a strong likelihood that' the revenue obligation securities will be repaid 
through the revenues of the project and any other source of revenues and collateral 
pledged to the repayment of those securities. In order to make this determination, the 
authority shall consider such factors as it considers necessary and appropriate in light 
of the special purpose or other nature of the business entity owning the project to 
measure and evaluate the project and the sufficiency of the pledged revenues to repay 
. the obligations, including: 
(1) ,Whether the individuals or entities obligated to repay the obligations have 
demonstrated s~fficient revenues from the project or from other sources to repay 
the obligations and a strong probability that those revenues will .continueto be 
available for the term of the revenue obligatiori securities; 
(2) Whether the applicant demonstrates a strong probability that the project. will 
continue to operate and provide the public benefits projected to be created for the 
term of the revenue obligation securities; 
(3) Whether the applicant demonstrates that the benefits projected to be created 
by the project are enhanced through the use of financing assistance ·from the 
authority; 
(4) Whether the applicant's creditworthiness is demonstrated by factors such as 
its historical financial performance, management ability, plan for marketing its 
product or service and ability to access conventional financing; 
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(5) 
Whether the applicant meets or exceeds industry average financial 
performance ratios commonly accepted in detennining creditworthiness in that 
industry; 
(6) Whether the applicant demonstrates that the need for authority assistance is 
due to the reduced ,cost and increased flexibility of the finanCing for the project 
that result from authority assistance and not from an inability to obtain necessary 
financing without the capital reserve fund security provict.ed by the authority; 
(7) Whether collateral securing the repayment obligation is reasonably sufficient 
under the circumstances; 
(8) 
Whether the proposed project enhances the opportunities for economic 
development; 
(9) The effect that the proposed project financing has on the, authority'S financial 
resources; and 
, (10) Whether the Northern Maine Transmission Corporation, as established in 
section 9202, has recommended the project. 
Upon request by the authority, state agencies, including but not limited to the Public 
Utilities Commission, shall provide necessary assistance to the authority in evaluating 
the feasibility of the project and its importance for northern Maine. In providing 
, . assistance, the -Public Utilities Commission shall consider whether the proposed 
project enhances the competitiveness of the wholesale and retail energy market; how 
the proposed project is likely to affect energy prices for Maine residents; whether the 
proposed project will augment or enhance the reliability and stability of the grid; and 
, whether there is likely to be a long~term need for the product as produced by the 
proposed project. 
The authority may establish, pursuant to rules adopted in accordance with Title 5, 
chapter 375, subchapter 2, application procedures, approval criteria and reasonable 
fees for transmission facilities projects. Rules adopted by the authority under this 
paragraph are routine technical rules pursuant to Title 5~ chapter 375, subchapter 2-A. 
In addition, the authority may require the applicant to pay the reasonable costs of an 
evaluation of the project risks by an independent consultant. If the authority directs 
the applicant to pay for such an independent evaluation of the project, the authority 
shall make every reasonable effort, in its discretion, to' minimize the cost of the 
evaluation and any delay such an evaluation may cause in authority action. 
The authority may not finance any project involving an electric transmission line 
capable of operating at 69 kilovolts or more unless the Public Utilities Commission 
has issued a certificate of public convenience for the construction of the line pursuant 
to Title 35-A, section 3132~; and' 
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Sec. K-S. 10 MRS A §1043, suh-§2, EjjM isenacted to read: 
M. In the case of Efficiency Maine projects, there is a reasonable likelihood that the 
income, proceeds, revenues and funds of Efficiency Maine derived from or held for 
activities under Title 35-A, chapter 97 or otherwise pledged to payment of the bonds 
will be sufficient to pay the principal, the interest and all'other amounts that may at 
·3 
any time become due and payable under the bonds. In making this determination, the 
authority shall consider Efficiency Maine's analysis of the proposed bond issue and 
the revenues to make payments on the bonds and may require such information, 
projections, studies and independent analyses as it considers necessary or desirable 
and may charge Efficiency Maine reasonable fees and expenses. The authority may 
require that it be indemnified, defended and held harmless by Efficiency Maine for 
any liability or cause of action arising out of or with respect to the bonds. The 
principal and interest of bonds must be made payable solely from the income, 
proceeds, revenues and funds of Efficiency Maine derived from or held for activities 
under Title 35-A, chapter 97. Payment of the principal and interest of bonds may be 
further secured by a pledge of a loan, grant or contribution from the Federal 
Govli:rnment or other source in aid of activities of Efficiency Maine under Title 35-A, 
. chapter 97. 
Sec. K-9. 35-A MRS A c. 97 is enacted to read: 
CHAPTER 97 
EFFICIENCY MAINE ACT 
. 
SUBCHAPTER 1 
EFFICIENCY MAINE 
§10101. Short title 
This chapter may be known and cited as "the Efficiency Maine Act." 
§10102. Definitions 
22. 
As used in this chapter, unless the context otherwise indicates, the following terms 
. have the following meanings. 
1. Administrator. "Administrator" means the nonprofit entity appointed pursuant to 
section 10106 to administer Efficiency Maine. 
2. Board; "Board" means the board of Efficiency Maine established pursuant to 
section 10104. 
3. 
Forward capacity market. 
"Forward capacity market" means the program 
established by the regional transmission organization and compensates providers of 
electrical capacity with payments' for the availability or reduction of capacity as 
determined by the regional transmission organization. 
. 
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4. Low-income resident. "Low-income resident" means a resident of the State 
, whOse household has family income equal to or below 200% of the nonfarm income 
official poverty Hne as defined by the federal Office of Management and Budget. 
Participation in any public assistance program with an income eligibility ceiling at or 
below that level constitutes conclusive proof of low-income status. 
5. Member. "Member" means a member of the board. 
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6. 
Re2ional transmission org'anization. 
"Regional transmission organization" 
means the independent systems 'operator that administers and oversees the wholesale 
electricity markets in which the State participates. 
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§lOl03. Organization and responsibility 
1. 
Efficiency Maine established. 
Efficiency Maine,' as established' in Title 5, 
section 12004-G, subsection 10-C, is a body corporate, and politic and a public 
instrumentality of the State, and is a franchise to develop, implerrient and monitor 
programs and measures to increase gas, heat and electric energy efficiency and 
conservation, usage of distributed renewable energy technology and effective load 
management, including programs and measures delivered in muliiple service territories. 
, 11 
The exercise of the powers conferred by this chapter constitutes the performance' of .. 
essential governmental functions. 
2. Responsibilities. Efficiency Maine, through the administrator, is responsible for 
the administration of: 
. 
. 
A. Programs that increase gas, heat arid electric energy efficiency and conservation, 
di-stributed renewable energy technology and effective load management in buildings, 
'including but not limited to those in the residential, commercial, public, university, 
hospital, nonprofit and industrial sectors; 
B. Programs that increase gas, heat and electric energy efficiency and conservation, 
distributed renewable energy technology and effective load management in industrial 
. facilities; 
.30 
C. 
Programs that fund workforce development in the energy efficieney and 
renewable energy sectors; 
. 
D. 
Programs that fund research and development in the energy efficiency and 
renewable energy sectors; . 
E .. Programs that provide the public with information about energy technologies and, 
energy efficiency practices; 
F. Federal programs related to energy efficiency and distributed renewable energy 
technology, except as otherwise provided by law or when federal law wOilld preclude 
administration by Efficiency Maine; and 
. 
G. 
Other programs related to energy efficiency and conservation, distributed 
renewable energy technology and effective load management, as provided for in the 
administrator's contract. 
§lOl04. Efficiency Maine board 
Efficiency Maine is governed by the board. 
1. Voting members. The board of Efficiency Maine is composed of 10 voting 
members: 
. 
A. Eight members representing the State:. 
"2 
(1) The director of the Executive Department, State Planning Office or the 
director's designee; 
(2) The Public Advocate or the Public Advocate's designee to represent the 
interests of residential and small business energy consumers; 
(3) The director of the Governor's Office of Energy Independence and Security 
within the Executive Department, or the director's designee; 
(4) The director of the Maine State Housing Authority, or the director's designee; 
(5) The chair of the corrimission.or the chairis designee; 
f6) 
The Corrimissioner of Environmental Protection or the commissioner's 
designee; 
(7) The Corrimissioner of Labor or the corrimissioner's designee; and 
(8) One trustee of the Energy and Carbon Savings. Trust, designated by the 
. Governor; and 
I 
B. Two members of the pUblic, appointed by the Governor, subject to review by the 
. joint standing corrimittee of the Legislature having jurisdiction over utilities and 
energy matters and to confirmation by the Legislature: 
(1) One member representing cominercial energy consumers; and 
. (2) One member representing industrial energy consumers. 
2. Terms of office. Public members serve 3-year terms and may serve a maximum 
of 2 consecutive terms. If a public member is unable to complete the term, the Governor 
shall appoint a replacement for the remainder of the unexpired term. 
3. Participation by Maine Energy Conservation Board. Members of the Maine 
Energy Conservation Board established in section 10007 may participate in all meetings 
of the board, but are not members of the board and may not vote. 
4. 
Chair and officers. 
The Governor shall appoint the chair of the board of 
Efficiency Maine, as well as a vice-chair, secretaD;' and treasurer. 
5. 
Quorum; emergency meetings. 
Five members constitute a quorum. 
The 
affirmative vote of a majority of those members present and voting is necessary for any 
action. A vacancy in the board may not impair the right of the quorum to exercise all . 
powers and perform all duties of the board. 
Notwithstanding any other provision of law, in a situation determined by the 
administrator to be an emergency requiring action of the board on not mere than 3 days' . 
notice, which may be provided orally to the chair of the board, an emergency meeting of 
the members may be called by the chair of the board and conducted by conference call, 
placed by ordinary commercial means, at an appointed time. The board shall arrange for 
recording of the call where appropriate and shall prepare minutes of the emergency 
meeting: Public notice of the emergency meeting must be given in accordance with Title 
1, section 406 and must . include the time of the meeting and the location of a telephone 
with a speakerphone attachment that enables .all persons participating in the telephone 
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meeting to be heard and understood and that is available for members of the public to 
hear the business conducted at the telephone meeting. 
6. 
Compensation. 
Members may be reimbursed from the conservation 
administration fund established under section 10009 for actual and necessary expenses 
incurred by them as members but may not otherwise be compensated for their services as 
members. 
. 
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7. Duties. The board shall appoint the administrator, develop a contract with the 
adniinistrator and oversee the performance of the administrator in accordance with this 
chapter. The board shall cam out other duties and may exercise other authority as may 
be expressly provided under this chapter or other law. In contracting with and overseeing 
the administrator, the board shall ensure that the board has no more involvement in the 
administrator's operations and internal affairs than is necessary to carry out the board's 
responsibilities. 
. 
8. Powers. In addition to other powers provided under this chapter, the board may, 
to the extent necessary to fulfill its duties under this chapter: 
A. Adopt an official seal and alter it at pleasure; 
B. 
Adopt rules. 
Except· as otherwise expressly provided, rules of the board are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; 
C. Conduct hearings, receive testimony under oath and administer oaths; . 
D. 
Issue subpoenas requiring the attendance of witnesses or the production of 
records or other things. Whenever a person refuses to obey a subpoena duly issued 
by the board, the Superior Court for Kennebec County or any court of this State 
within the jurisdiction of which the person resides or transacts business has 
jurisdiction to issue to that person an order requiring that person to comply with the 
subpoeria, and any failure to obey that order may be punished by the court· as 
contempt; and 
. .  
E. In consultation with and with the assistance of the administrator, propose, develop 
and approve revenue bond projects as Efficiency Maine projects under Title 10, 
section 963-A, subsection 10-A . 
. 
9. Staffing; employees. The commission shall provide staffing resources for the 
board. The board may employ persons, including private legal counsel and financial 
. experts, on either a temporary or permanent basis, in order to carry out any of its powers 
and duties. The board may by rule delegate any powers and duties of EffiCiency Maine to 
its employees and each employee is fully authorized to act in the name and on behalf of 
Efficiency Maine pursuant to any such delegation. 
§10105. Limitation of liability 
Efficiency Maine may be sued in accordance with Title 1, section 409; Title 5, 
chapter 375; or Title 14, chapter 741 except that the members of the board, the 
administrator and employees of the board or the administrator are not subject to any 
personal liability for having acted within the course and scope of that person's 
membership, appointment or employment to carry out any power or duty under this 
Pagc4B -124LRI724(OI)-1 
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chapter. Efficiency Maine shall indemnify a member, administrator or an employee of 
the board or administrator against expenses actually and necessarily incurred by that 
person in connection with the defense of any action or proceeding in which that person is 
made a party by reason of past or present association with Efficiency Maine. Efficiency 
Maine's liability is limited to its assets. 
§lOl06. Appointment of administrator; contract 
1. Appointment of administrator. The board shall appoint a nonprofit legal entity 
to serve as administrator of Efficiency Maine. The board may create and establish an 
independent nonprofit legal entity to fill the appointment if it determines that such action 
is in. the public interest. 
2. Contract with administrator. The board shall contract with the administrator 
appointed pursuant to subsection 1 for a period of 5 years. At least one year prior to the 
expiration of each contract period, the board shall invite proposals from other nonprofit 
legal entities to serve as administrator for the succeeding contract period, which may be 
up to 5 years. ,The appointment of the administrator for the succeeding period must be 
made at least 6 months prior to the expiration of the then current contract period. 
3. Duties of the board. In establishing a contract with the' administrator, the board 
shall: 
A. Establish performance measures in areas including but not limited to: 
(1) Electric efficiency, natural gas efficiency and heating efficiency targets; 
(2) Renewable resource, development targets, chiefly in the area of distributed 
renewable energy technology; 
, 
(3) Energy and heat conservation targets; 
(4) Financial integrity; 
,(5) Program delivery efficiency, including an expectation that administrative and 
program support costs remain under 11 % of annual revenues; 
(6) Customer satisfaction; 
(7) Benefit-cost.ratios for conservation acquisition programs based on both utility 
system and societal perspectives; 
, 
(8) Coordination with related local, state and regional programs; 
(9) Reasonable distribution of program benefits among customer classes' and 
geographic areas, and high participation rates among low-income'residents and 
small businesses; 
(IO) Internal program performance monitoring and ability to make effective 
program adjustments; 
(1 1) Transparency; and 
(12) Review and adoption of best practices; 
Page49-124LRI724(OI)-1 
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B. 
Establish methodologies and procedures for independent evaluation of the 
administrator's performance, including comprehensive data collection, facilitated by 
required use of information technology by the· administrator's contractors and 
effective and coordinated use by the board and the administrator of software and 
other information technology. Methodologies adopted must maximize the eligibility 
, of projects for forward capacity market payments administered by the regional 
transmission organization· or other capacity payments that may be attributable to 
projects funded in any measure by Efficiency Maine; 
C. 
Review and comment on the administrator's strategic plans, action plans and 
. annual budgets; 
D. Require the administrator to report at least semiannually in public meetings called 
by the board on program activity and finances; and 
E. Require a management audit of the administrator at least once every 5 years. 
4. Plan of operation; rules. The administrator shall adopt a plan of operation in 
accordance with the requirements of this chapter and submit. its articles, bylaws and 
operating rules to the board. 
§10107. Duties and powers 
1. Duties. The administrator, subject to the terms of its contract, shall: 
A. 
Establish administrative and accounting procedures for Efficiency Maine's 
operation; 
B. Obtain or develop a publicly accessible computer program to enable contractors, 
builders, architects, engineers and 'goverrunent officials to estimate the energy 
consumed by residential and nonresidential buildings. The administrator may charge 
a fee approved by the board for use of the program, based upon the actual costs of the 
program, including any computer- costs. The administrator shall require that any 
work performed pursuant to Efficiency Maine's programs make use of such 
information technology as is necessary to facilitate evaluation of Efficiency Maine's 
performance, ensure maximum eligibility of projects for forward capacity market 
payments administered by the regional transmission organization or other capacity 
payments that may be attributable to projects funded in any measure by Efficiency 
Maine; 
. 
C. Prescribe qualifications for contractors performing work pursuant to Efficiency 
Maine's programs,. taking due account of the recommendations and· results of the 
analysis performed pursuant to Title 26, section 2041, subsection 4. Contractors and 
subcontractors must be equal opportunity employers and, for contracts in excess of 
$250,000, shall pursue in good faith affirmative action programs as defined in Title 5, 
section 782. The administrator shall be the final arbiter of whether a contractor has 
the required qualifications or whether a training program is adequate to meet that 
qualification level; 
D. Deliver energy conservation programs in all regions of the State on an equitable 
basis and to citizens at all income levels and businesses and organizations of all 
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E. 
Abstain from developing, acqumng, funding, coordinating or otherwise 
undertaking any project or making any grant, direct investment or loan under this 
chapter unless the administrator determines that action is reasonably necessary; 
F. 
Avoid unnecessarily duplicating products and services that are reasonably 
available from other sources, including but not liinited to private market sources;· 
G. Structure its activities to maximize investment from sources other than Effidency 
Maine in furthering Efficiency Maine's purposes; 
H. 
When the administrator determines it effective and appropriate, contract with 
governmental entities, public utilities or other entities to administer programs that 
further Efficiency Maine's purposes; 
I. Whenever reasonably possible, structure Efficiency Maine's activities as projects 
-eligible for forward capacity market payments administered by the regional 
transmission organization or other capacity payments that may be attributable to 
projects funded in any measure by Efficiency Maine. The administrator shall seek to 
structure such projects as partnerships with public utilities, wherever it determines 
that such partnerships are appropriate; 
J. Structure programs to avoid giving a business an advantage over competitors in 
the State. The administrator may achieve this end by providing assistance outside of 
its usual project parameters to businesses that have already engaged in activities that 
advance Efficiency Maine's purposes; 
K. Require work that it oversees to be governed by project labor agreements and 
community benefit agreements; 
L. Ensure that projects that are directly or indirectly subsidized by Efficiency Maine 
meet the standards in Title 26, sections 1301 and 1304 to 1313; 
M. 
Ensure that contractors~ whose work is directly or indirectiy subsidized by 
Efficiency Maine, in filling labor requirements make best efforts to coordinate with 
local workforce development programs, including but not limited to apprenticeship 
programs and programs that primarily serve low-income residents or people with 
disabilities, with a target of filling at least 20% of jobs created with individuals who -
have been unemployed for longer than 6 months, are clients of the Department of 
Labor's career center or have family income equal to or below 200% of the federal 
nonfarm income official poverty line; 
·N; To the extent practicable, encourage the development of resources, infrastructure 
and skills within the State by giving preference to in-state service providers; 
O. Utilize competitive bidding processes and performance-based contracts, except: 
(1) For the delivery of programs to low-income residents, in which case the 
administrator, without employing a competitive bidding process, may utilize the 
delivery system for the Weatherization Assistance for Low-income Persons 
Program administered through the United States Department of Energy, the 
network of for-profit and not-for-profit entities who have held contracts with 
transmission and distrIbution utilities to deliver energy conservation services to 
low-income residents and the delivery system for the Low-income Home Energy 
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Assistance Program administered through the United States Department of 
Health and Human Services; and 
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(2) In other instances where the administrator determines that the selection of a 
particular service provider WIll promote the efficient and effective delivery of 
. Efficiency Maine's programs and is .consistent with the objectives and overall 
strategy of those programs, including but not limited to instances in which a 
partnership with a governmental unit or agency, a transmission and distribution 
utility or a gas utility is appropriate; and 
P. Charge and collect reasonable fees and charges established by the board for the 
use of Efficiency Maine's services or facilities. 
2. 
General powers. 
Efficiency Maine, through its board and, to the extent 
authorized under and in accordance with its contract, the administrator may; consistent 
with the purposes of Efficiency Maine and subject to any limitations in this chapter or in 
other provisions of state and federal law: 
A. Acquire, hold, use and dispose of its income, revenue, funds and money; 
B. Acquire, rent, lease, hold, use and dispose of other personal and real property for 
. its purposes; 
C. Provide grants; 
D. Obtain, develop or disseminate any information useful or convenient for carrying 
out any purpose or power of Efficiency Maine, including any -information pertaining 
to: 
(1) Management or financing of any enterprise or project eligible for assistance 
from Efficiency Maine; 
(2) Land use; 
(3) Other regulatory or assistance programs, resources or services; 
(4) Design and construction techniques; and 
(5) A project receiving financial assistance from or through Efficiency Maine, 
including, without . limitation, by means of examination of books or records 
. pertaining to the-project; 
. 
. 
E. Procure insurance in aid of any of Efficiency Maine's corporate purposes; 
F. Obtain any certification, warranty, affidavit or other representation necessary or 
useful for carrying out any of its powers or duties; 
G. Place reasonable conditions on contractors and subcontractors working pursuant 
to or ihdividuals or entities receiving benefits directly or indirectly from funds 
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expended directly or indirectly by Efficiency Maine, to advance public policies of the 
State; 
. 
H. Sue or irutiate or appear on behalf of Efficiency Maine in any proceeding; 
I. Maintain an office or offices at a place or places designated by it within the State; 
J. Receive and accept. from any source allocations, appr'opriations, loans, grants and 
contributions of money or other things of value to be held, used or applied to carry 
out this chapter, subject to the conditions upon which' the loans, grants and 
contributions may be made, including, but not limited to, appropriations, allocations, 
loans, grants or gifts from any federal agency or governmental subdivision or the 
State or its agencies; 
K. Support and participate in markets that reward energy conservation and use any 
proceeds from this participation to support programs under this chapter; 
L. Invest funds received fwm any source for carrying out this chapter in the same 
manner as permitted for the investment of funds belonging to the State or held in the 
'State Treasury, except as otherwise peimitted or provided by this chapter, and expend 
interest earnings on those funds as appropriate to implement this chapter, including 
use for program and administrative costs; 
M. Make,' modify and carry out any contract or agreement necessary or useful for 
carrying out any of its powers, duties or purposes, including without limitation any 
construction agreement, purchase or acquisition agreement, loan or lease agreement, 
agreement conditioned upon the subieasing of demised premises, partnership 
agreement, limited partnership agreement, joint venture agreement, participation 
agreement, agreement with leasing corporations or other financial intermediaries or 
agreement pertaining to any loan to a governmental unit or any purchase or sale of 
municipal securities or other investments; 
N. 
On behalf of or in partnership with one or more governmental units, small 
businesses or nonprofit corporations organized under the United States Internal 
Revenue Code, Section 501,· aggregate governmental units, small businesses and 
nonprofit corporations to purchase in bulk appliances, ener'gy efficiency services, 
distributed renewable technology services and related financial p'roducts; 
O. 
Make recommendations to the Governor, the Legislature, and other 'public 
officials regarding energy policy; and 
P. Do' any act or thing necessary or useful for carrying out any of its powers, duties 
or purposes. 
§10108. State services 
1. 
State assistance authorized. 
State officers, departments, boards, agencies, 
divisions and commissions may provide anY'service to Efficiency Maine that is: 
A. Requested by the board; and 
B. Within the area of their governmental functions as established by law. 
2. 
Study' or review requests. 
State officers, departments, boards, agencies, 
divisions and commissions shail promptly comply with any reasonable request made by 
Efficiency Maine under subsection 1 for making any study or review concerning: 
A. The desirability, need, cost or expense with respect to a public project; 
B; The financial feasibility of a public project; or 
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C. The financial or fiscal responsibility or ability in cOIll1ection with a public project. 
3. 
Cost of services. 
At the request of the officer, department, board, agency, 
division or commission providing the service, Efficiency Maine shall pay the cost of a 
service requested by Efficiency Maine under this section. 
§lOl09. Conflicts of interest; financial disclosure statements 
Notwithstanding Title 5, section 18, subsection 1, paragraph B, each member of the 
board of Efficiency ·Maine and each employee, contractor, agent or other representative of 
Efficiency Maine or the administrator is deemed an. "executive employee" solely for 
·purposes of Title 5, section 18 and for no other purpose, except that the aiiTIlipistrator's 
senior managers, whom the board shall designate in the adrillnistrator's contract, in 
addition are deemed "executive employees" for purposes of Title 5, section 19. Title 17, 
seCtion 3104 does not apply to any of those representatives. 
§l0110. Annual report; audit 
1. Report. The board shall submit to the Governor, the President of the Senate, the 
Speaker of the House of Representatives and the joint standing committees of the 
Legislature having jurisdiction over utilities matters and business, research and economic 
development matters, not later than 120 days after the close of its fiscal year, a complete 
report on. the activities of Efficiency Maine and shall make the report available on 
Efficiency Maine's publicly accessible website. The report must include: 
A. A description of Efficiency Maine's operations, financial status and administrative 
expenses, including a description of projects assisted under this chapter; 
B. 
An accounting Of Efficiency Maine's receipts and expenditures, assets and 
liabilities at the end of its fiscal year; 
C. 
A statement of Efficiency Maine's proposed and projected activities for the 
ensuing year and the relationship of these activities to the State's energy policies; 
D. Recommendations as to further actions that may be suitable for achieving the 
purposes of this chapter; and 
E. Any other matters relating to Efficiency Maine's activities and accomplislunents. 
2. Treasurer of State; annual financial report. Efficiency Maine shall provide the 
Treasurer of State, within 120 days after the close of its fiscal year, its aIll1ual financial 
report certified by an independent certified public accountant, who may be the accountant 
or a member of the finn of accountants who regularly audits the books and accounts of 
Efficiency Maine, selected by Efficiency Maine. Efficiency Maine is also subject to the 
provisions of Title 5, chapter 11. 
Efficiency Maine may combine for accounting 
purposes any or all funds establi~hed for its 'programs and activities. 
§10111. Disclosure and confidentiality of records 
Except as provided in this section, all records in the possession or custody of 
Efficiency Maine or its administrator are public records under Title 1, section 402, 
subsection 3. 
A 
1: Confidential information. Except as provided in subsection 2, the following' 
records are designated as confidential for purposes of Title 1, section 402, subsection 3, 
paragraph A: 
A. A record obtained or developed by Efficiency Maine prior to receipt of a written 
application or proposal, in form specified by or acceptable to Efficiency Maine, for 
financial assistance to be provided by or with the assistance of Efficiency Maine or in 
copnection with a transfer of property to or from Efficiency Maine. After receipt by 
Efficiency Maine of the application or proposal, a record pertaining to the application 
or proposal is not confidential under this subsection unless it meets the requirements 
of other paragraphs of this subsection; 
B. A record obtained or developed by Efficiency Maine that: 
(1) 
A person, including Efficiency Maine, to whom the record belongs or 
pertains has requested be designated confidential; and 
(2) The board has determined contains information' that gives the owner or a user 
an opportunity to obtain business or competitive. advantage over another person 
who does not have access to the information, except through Efficiency Maine 
records, or access to which by others would result in a business or competitive 
disadvantage; loss of business or other significant detriment, other than loss or 
deriial of financial assistance from Efficiency Maine, to any person to whom the 
record belongs or pertains; 
C. A financial statement or tax return of an individual or any other record obtained or 
developed by Efficiency Maine the disclosure of which would constitute an invasion 
of personal privacy, as determined by the board; 
D. A record including any financial statement or tax return obtained or developed by 
Efficiency Maine in connection with any monitoring cir servicing activity by 
Efficiency Maine pertaining to any financial assistance provided or to be provided by 
or with the assistance of Efficiency Maine; and 
E. A record obtained or developed by Efficiency Maine that contains an assessment 
by a person who is not employed by the board or the administrator of the 
creditworthiness or financial condition of any person or project. 
. 
Efficiency Maine shail provide to a legislative cornrriittee, on written request signed by 
the chairs of that cornrnittee,any information or' records, including infonllation 
designated confidential under this subsection, specified in the written request. 
The 
information or records may be used only for the lawful purposes of the committee and in 
. any action arising out of any investigation conducted by it. 
36. 
2. 
Disclosure required. 
Notwithstanding subsections 1 and 3 and except as 
provided in this subsection, the following are not designated confidential and are public 
records: 
A. 
After 'filing of a written application or proposal for financial assistance or 
property transfer, ina form specified by or acceptable to Efficiency Maine: 
(1) Names of recipients of or applicants for financial assistance, including 
principals, where applicable; 
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(1) Amounts, types and general terms oj' financial assistance providcd to those 
recipicnts or rcquestcd by those applicants; 
~3) Dcscriptions of projects <\I1d businesses benC/itin!l or to bcndit ii-olll the 
iillanei,ll assistance; 
(4) 
Names lif transferors or transferees, includin!l prineip,lIs, of ]lIQlleFtv 
tnl11si'clTed (0 or Ii-om Eflicicncv Mainc, the !lencr,11 terllls of trunsi'cr ,\I1e1 the 
purposes fur which transfelTecl property will be used: 
(5) Encr!.'.v-re bted benelits pruj ected or resulting in eonncctiun with n proj eet: 
(6) Names of financial institutiuns participatin!!, in provi(lil1gJi:n<lncial Hssist[\I1ce 
and the !.'.encral terms of that financial assistance: 
13. 
Any othen\'isc confidential information the conJiclcntialitv ur which the board 
determines to h,1\'e heen satisfactorily and effectivelv waived: 
C. 
Anv otherwise. conliclential information that has alremlv 1;\\1 (ullv been made 
available to the public: and 
D. The annual report uf E1Ticien<.;,Y fVlaine required pursuant to sc\.~tinn 10 II O. 
Notwithstanclin!l Title 1, chapter' 1:', the board may rdusc to J21-ovide infon1wtion 
describcd in this subsec!ion in rcsponse to a rcqucst for such informat.ion· if' thlC board 
p:asllnably determines thilt the requ,,.:s( rur infllrlnation has been Illildc for an illJproper 
purpose or is linduly burdensome. 
3. vVnmgful disciosllre Iwohtbited. A member, orJiccr, administrator, employee, 
,\!lenL other representative of Enicieney Maine or other person may not knowingly 
divulge or disclose records designated confidential by this section, except that (he board 
may, in its discretion, make or authorize any disclosure or in/ormation or the Jllilowing 
types or urickr the following circumstances: 
. 
. 
A. Impersonal, statistical or general infol111ation; 
B, 
If necessaJY in connection with processing any application for, obtaining or 
maintaining financial assistance for any person or in connection with acguiring, 
niaintaining or disposing of property; 
C. To a financing institution or credit reporting service; 
D. Infollnation necessary to comply with any federal or state law or rule or with any 
agreement'pertaining to financial assistance; 
E. Infol111ation to the extent the board detellnines the disclosure necessary to the sale 
or transfer· of re~enue obligation securities or to the sale or transfer of bonds of the 
State; 
F, If necessmy to ensure collection of any obligation in which it has or may have an 
interest; 
G. 
In any litigation or proceeding in which Efficiency Maine has appeared, 
introduction for the record of any infonnation obtained from records designated 
confidential by this section; and 
. 
H. Pursuant to a subpoena, request for production of documents, warrant or other 
order by competent authority, provided that any such order appears to have first been 
served on the person to whom the confidential information sought pertains or belongs 
and provided that any such order appears on its face or otherwise to have been issued 
or made upon lawful authority. 
§10112. Liberal construction 
This chapter, being necessary for the welfare ofthe State and its inhabitants, must be 
liberally construed. In the event of any conflict between this chapter and any other law, 
this chapter prevails, barring a clear legislative intent to the contrary, but the power and 
authority. granted is in addition to and not in derogation of power and authority granted by 
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any other law. 
§10113. Taxation and fees 
Notwithstanding any other provIsIOn of law, for the purposes of this chapter, 
transactions and property of Efficiency Maine must be treated according to this section. 
1. Conveyances, leases, mortgages, deeds of trust; indentures; exemptions from 
taxation. Conveyances by or to Efficiency Maine and leases, mortgages and deeds of 
trust or trust indentures by or to Efficiency Maine are exempt from all taxation by the 
State or any of its political subdivisions, including, but not limited to, any applicable 
license, excise or other taxes imposed in respect of the privilege of engaging in any of the 
activitie~ in which Efficiency Maine may engage. 
2. Property exemption from taxation and other assessments. Property acquired, 
held or transferred by Efficiency Maine is exempt from all taxes and from betterments 
and special assessments of 11 city, town, county, state or political subdivision. Efficiency 
Maine may agree to make payments in lieu of taxes to an applicable political subdivision. 
§10114. Service provider selection 
Except as otherwise provided in this chapter, Efficiency Maine is not subject to rules 
adopted by the State Purchasing Agent in selecting service providers pursuant to this 
chapter.· The board shall by rule establish procedures governing the selection of service 
providers under this section and shall consult with the State Purchasing Agent in 
developing the rules. 
§10115. Lending and borrowing powers generally 
_ 1. Powers. For the purposes authorized· by this chapter, the administrator may 
pursuantto the terms of its contract: 
. 
A. Lend money to governmental units through purchase on behalf of Efficiency 
Maine, exclusively or in partnership with other individuals or entities, including but 
not limited to the Maine Municipal Bond Bank, of municipal securities of 
govetnmen!al units in fully marketable form; 
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B. Lend money to nongovernmental individuals and entities through purchase on 
behalf of Efficiency Maine, exclusively or in partnership with other individuals or 
entities, of notes or securities in fully marketable form; 
C. Borrow money and make the borrowing proceeds available to a governmental unit 
or nongovernmental individual or entity at terms agreed upon by the board and the 
recipient of the proceeds; 
D. 
Provide interest rate subsidies on commercial loans to businesses, farms, 
nonprofit organizations; governmental entities and other individuals and entities and 
provide or participate in interest rate cap agreements and other agreements providing 
businesses with protection against interest rate fluctuations; 
E. With respect to loans to any person or entity, consider the need, desirability or 
eligibility of the loan and the availability and cost of alternative financing; 
F. Impose and collect charges for its costs and services, in review, consideration or 
servicing of any proposed or outstanding loan or loan agreement to borrow on behalf 
of a person or entity; and 
G. Consent to any modification with respect to rates of interest, time and payment of 
.anyinstallment of principal or interest, security or any other term of any contract or 
agreement of any kind to which Efficiency Maine is a party. 
2. Expenses. All expenses incurred in carrving out the purposes of this chapter are 
payable solely from revenues or funds provided under this chapter. 
Nothing in this 
chapter may be construed to authorize Efficiency Maine to incur any indebtedness or 
liability on behalf of or payable by the State. 
§10116. Allocation of resources 
Efficiency Maine shall spend funds in accordance with this section. 
1. Efficiency credit funds. Except as otherwise' expressly provided in subchapters 2 
to 10, Efficiency Maine shall expend funds procured from tne sale of efficiency credits 
for electricity, natural gas and heating fuel under section 10009, and from forward 
capacity market payments administered by the regional transmission organization or other 
capacity payments that are attributable to projects funded in any measure by Efficiency 
Maine, on programs ·related to the energy source,' whether electricity, natural gas or 
.31 
heating fuel, and sector, whether governmental, residential, commercial or industrial, 
from which the funds are derived. The commission shall determine what proportion of 
the funds are derived from each energy source and sector and Efficiency Maine shall 
expend such funds in accordance with that determination. 
2. Federal funds. Except as otherwise provided by law, Efficiency Maine is the 
agency designated to receive and administer federal funding to promote gas, heat and 
electric energy efficiency and conservation, distributed renewable energy technology and 
effective load management in residential,' commercial and industrial buildings and 
facilities and shall expend such funds in accordance with applicable law. 
3. Appropriated funds. Efficiency Maine shall expend any funds derived from 
state appropriation~ or allocations in accordance with any requirements attached to 
receipt of those funds. 
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4. 
Energy and Carbon Savings Trust. Funds within the Energy and Carbon 
-Savings Trust must be expended in accordance with section 10008. 
5. 
Administration, workforce development and research ~md development. 
Funds for administration, workforce development and research and development must be 
drawn proportionally from funds dedicated to the residential, industrial and commercial 
sectors, excluding funds within the Energy and C'arbon Savings Trust, which must be 
expended in accordance with section 10008. 
SUBCHAPTER 2 
RESIDENTIAL PROGRAMS 
§10151. Establishment of residential programs 
-
-Efficiency Maine shall develop, implement and monitor programs and measures to 
increase electric, gas and heat energy efficiency and conservation, distributed renewable 
energy technology and effective load management in residential buildings, including 
programs and measures delivered in multiple service territories, consistent with this 
chapter. 
§10152. Program guidelines 
1. Low-income residents. Serving low-income residents is the first priority for 
Efficiency Maine's· residential sector programs and Efficiency Maine shall provide 
services to each low-income resident within the State by December 31, 2018. Efficiency 
Maine shall expend at least 60% of funds determined by the commission pursuant to 
section 10116,· subsection 1 tei be derived frorn the residential sector on programs 
benefiting iow-income units and at least 20% of funds procured from the sale of 
,efficiency credits for electricity under section 10009 on programs benefiting-low-income 
homeowners and renters. 
A. Efficiency Maine shall design programs for low-income residents to subsidize 
most or all· services provided and shall provide sufficient technical assistance or 
direct oversight of work done to _overcome the economic and social barriers that 
prevent low-income residents from taking advantage of -energy cost and demand 
reduction opportunities. 
B.Efficiency Maine shall ensure that, tlrrough all its programs and reveriue streams 
benefiting low-income residents, each low-income resident receives the equivalent of 
at least $4,200 in direct subsidy from Efficiency Maine, adjusted annually beginning 
in 201 b using the Consumer Price Index for Urban Wage· Earners and Clerical 
Workers or a successor index for the 12 months prior to January 1st ofthe applicable 
year, as calculated by the United States Department of Labor, rounded to the 'nearest 
$10. The subsidy may be less to the extent that the residential unit's owner refuses to 
permit a recommended product or service. 
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C. If, after the expense of a home evaluation and of all measures with a payback 
period of 20 years, there is unused subsidy for a residential unit and if installation of 
distributed renewable energy technology with a longer payback period is not 
technically feasible, Efficiency Maine may pool that subsidy with other individual 
subsidies for energy efficiency, conservation and demand reduction measures that 
benefit a neighborhood or community or may subsidize cost-effective fuel switching 
measures. Efficiency Maine's demand reduction obligations under section 10009 
must be -reduced to the extent that fuel switching measures are paid for by funds 
procured from the sale of efficiency credits. 
D. 
The commission shall determine annually the average cost per low-income 
resident household resulting from the portion of the cost of efficiency credits for 
heating fuel under section 10009 that is effectively passed on to consumers, taking 
account of any state or federal tax treatment of the purchase of the credits for heating 
fuel wholesalers and any other relevant considerations, and Efficiericy Maine shall 
ensure distribution of that amount to any household that is eligible for benefits under 
the Low-income Home Energy Assistance Program administered by the United States 
Department -of Health and Human 'Services, has not received benefits under one or 
more of Efficiency Maine's programs since the effective date of this chapter and is 
not living in housing or participating in a program in which the passed-on cost is 
inapplicable to the household. 
2. Middle-income residents. Serving middle-income residents is the second priority 
in Efficiency Maine's residential sector programs, and it is a goal of Efficiency Maine to 
provide services to each middle-income residential unit within the State by December 31, 
2018. Efficiency Maine shall design programs that will directly subsidize half of all 
services provided, after accounting for tax' credits: direct government subsidies and 
similar sources of funding, and shall provide sufficient teclmical assistance or direct 
oversight of work done to overcome the economic and social barriers that prevent 
homeowners and renters from taking advantage of energy cost and demand reduction. 
opportunities .. Efficiency Maine may use any reasonable criteria to define "middle-
income resident" and the commission may adopt by rule a definition of the term for 
purposes of Efficiency Maine's activities, but any definition must be designed to 
minimize the need for income verification or other activities that might deter use of 
Efficiency Maine's services. 
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3. Other residential units. Efficiency Maine may adopt any reasonable program 
design to serve upper-income residents, residential units that do not constitute an 
individual's primary residence and other residential units not addressed under subsections 
and 2. It is a goal of Efficiency Maine to ensure that cost-effective energy efficiency, 
conservation and demand reduction measures are adopted in as. many such units as 
possible. 
4. - Leveraging other funds. In leveraging other funds for residential programs, 
Efficiency Maine shall minimize the extent to which such funding comes from forms of 
indebtedness with recourse against the individual receiving services. Efficiency Maine 
shall, between direct subsidy, leveraged funds and any other sources, promote adoption of 
all energy efficiency, conservation and demand reduction -measures that have a payback 
period of 15 years or less. 
5. Residential unit evaluation. To the maximum reasonable extent, Efficiency 
Maine shall ensure that each residential unit for which residential- program services are 
sought is evaluated for the full range of programs and measures to increase energy 
efficiency imd energy conservation, distributed renewable energy technology and 
effective load management, so that the largest possible range of such programs and 
measures can be adopted at one time. In multifamily dwellings, Efficiency Maine shall 
maximize the extent to which whole building evaluations are used and whole building 
measures adopted. 
6. Split incentives. IIi providing services and developing programs and measures for 
rental housing, Efficiency Maine shall take account of the fact that tenant payment of 
utility bi1ls often limits landlord incentives to lower energy costs and shall strike a 
reasonable balance between ensuring that benefits flow to the individuals who are paying 
energy costs directly and making programs and measures attractive for landlords. 
§l0153. Relationship with Maine State Housing Authority . 
1. 
Cooperative relationship. 
Efficiency Maine and the Maine State Housing 
Authority shall maximize cooperation in programs and measures that seek· to increase 
gas, heat and electric energy efficiency and conservation, distributed renewable energy 
technology and effective load management in buildings in order to integrate planning, 
eliminate duplication and more effectively serve beneficiaries of the programs and 
measures. Each party shall include information about the other party's relevant prograrris 
and measures in information distributed to ·the public. The parties shall coordinate to 
. ensure that beneficiaries need work with only one agency to obtain the full range of 
products and services available from both agencies, and in any instance where the parties 
disagree, that one agency must be Efficiency Maine. 
. 
2. Services to low-income residents. The administrator shall contract with the 
Maine State Housing Authority to deliver residential programs to low-income residents, 
and shall prescribe how services outside Qf the Weatherization Assistance for Low-
income Persons Program administered through the United States Department of Energy, 
the Low-income Home Energy Assistance Program administered through the United 
States Department of Health arid Human Services and the Maine State Housing 
Authority's central heating improvement program or any successor program are provided. 
A. The Maine State Housing Authority shall administer the 2 federal programs under 
. this subsection in consultation with the administrator, in a maimer that maximizes the 
.extent to which Efficiency Maine receives any forward capacity market payments 
administered. by the regional transmission organization or other capacity payments 
and in a manner consistent with Efficiency MaiiIe's programs and goals, and with the 
provisions of this subchapter. 
B. 
The Maine State Housing Authority and the administrator shall develop 
accounting systems, energy efficiency and demand reduction measurement systems 
and other systems to ensure efficient program administration, transparency, 
accountabiliti and compliance with state and federal law. The board shall prescribe 
standards for qualifications·· of individuals performing all work pursuant to this 
section. 
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3. Efficiency in· low-income rental housing. The administrator and· the Maine State 
Housing Authority shall jointly develop and coordinate the implementation of programs 
to effectuate Title 30-A, section 4748. 
4. 
Contracting for other programs. The administrator may contract wjth the 
Maine State Housing Authority to deliver residential programs other than those described 
in subsections 2 and 3 and shall ensure that such a contract is consistent with the 
requirements of this chapter. 
5. 
Consultation. 
The administrator shall review the Maine State Housing 
Authority's programs and measures to increase gas, heat and electric energy efficiency 
and conservation,· distributed renewable energy technology and· effective load 
management in buildings, and the Maine State Housing Authority shall consider any 
modifications recommended by the administrator that would improve integration with 
Efficiency Maine's progfams and measures. The Maine State Housing Authority shall 
consult with the administrator before ·developing new programs or measures in these 
areas. 
SUBCHAPTER 3 
COMMERCIAL PROGRAMS 
§10161. Establishment of commercial programs 
Efficiency Maine shall develop, implement and monitor programs and measures to 
increase electric, gas and heat energy efficiency and conservation, distributed renewable 
energy technology and. effective load management in commercial buildings, including 
programs and measures delivered in multiple service territories, consistent with this 
chapter. 
§10162. Program guidelines 
1. Small businesses. Serving small businesses is the first priority for Efficiency 
Maine's commercial sector programs, and it is a goal of Efficiency Maine to provide 
services to each small business within the State by December 31, 2018. Efficiency Maine 
shall 'expend at least 40% of funds determined by the commission pursuant to section 
10116, subsection 1 to be derived frbm the commercial sector on programs for small 
businesses. Efficiency Maine shall design programs and measures that provide sufficient 
technical assistance or direct oversight of work done to overcome the unique economic 
barriers that prevent small businesses from taking advantage of energy cost and demand 
reduction ·opportunities, including but not limited to small staff size, limited access to 
capital and frequent need for direct subsidy. Efficiency Maine shall con'duct outreach to 
small businesses· and shall avoid complexity in program design and registration, 
paperwork and other aspects of its programs and measures in order to maximize small 
business participation. 
2. Evaluation and technical assistance. Commercial sector programs shall at a 
minimum provide for free evaluation by persons meeting qualifications established by 
Efficiency Maine under section 10107; subsection 1, paragraph C, and for such technical 
assistance as businesses need to conduct effective request-for-proposal processes. To the 
maximum reasonable extent, Efficiency Maine shall ensure that each building for which 
commercial program-services are sought is evaluated for the full range of programs and 
measures to increase energy efficiency and conservation, distributed' renewable energy 
technology and effective load management, so that the largest possible range of such 
programs and measures can be adopted at one time~ 
. 
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. 3. Levera2in2 other funds. Efficiency Maine may not substitute its services for 
those reasonably available in the market and shall design commercial sector programs to 
maximize facilitation of perfonnance-based contracts with energy service companies. In 
leveraging funds from other entities for commercial sector programs, Efficiency Maine 
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shall minimize the extent to which such funding comes from fonns of indebtedness with 
recourse against the business receiving services. Efficiency Maine shall, between direct 
. subsidy, leveraged funds and any other sources, promote adoption of all efficiency, 
conservation and demand reduction measures that have a payback period of 15 years or 
less and shall especially seek to leverage funds for heat energy efficiency and demand 
reduction. 
4. Split incentives. In providing services and developing programs and measures for 
commercial buildings with rented space, Efficiency Maine shall take account of the fact 
that the entity paying energy costs is often not the entity with authority to adopt energy 
cost reduction measures and shall strike a reasonable balance between ensuring that 
benefits flow to the entities who are paying energy costs directly and making programs 
and measures attractive for both landlord and tenant. Efficiency Maine shall work with 
landlords, tenants and subtenants to implement whole building measures, with benefits 
flowing chiefly to the entity paying for energy, and with due account taken of the effect 
that lease tenns may have on the long-tenn cost-effectiveness of a given measure. 
§10163. Relationship to other agencies 
1. 
Cooperative relationship. 
Efficiency Maine shall establish cooperative 
relationships with' governmental units and agencies with responsibility for business 
assistance and development, including but not limited to the Finance Authority of Maine 
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and the Department of Economic and Community Development, to enhance the ability of 
those entities to advance Efficiency Maine's goals and to integrate their activities into 
Efficiency Maine's operational and'long-temi plans. 
2. Contracting for program administration. Efficiency Maine may contract with 
any governmental unit or agency to administer any aspect of its commercial sector 
programs and shall ensure that such a contract is consistent with the requirements of this 
chapter. 
SUBCHAPTER 4 
PUBLIC SECTOR PROGRAMS 
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§10171. Establishment of public sector programs 
Efficiency Maine shall develop, implement and monitor programs and measures to 
increase electric, gas and heat energy efficiency and conservation, distributed renewable 
energy technology and effective load management in governmental buildings, including 
programs and measures delivered- in mulfiple service territories, consistent with this 
chapter. 
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&10172. Program guidelines 
1. 
Municipal and county governments. 
Serving municipalities and county 
governments, particularly those with limited resources and serving small populations, is 
the fIrst priority for Efficiency Maine's public sector programs,. and it is the goal of 
Efficiency Maine to provide services to each municipal and county goveinment within 
the State by Decembe~ 31, 2018. 
. 
2. Evaluation and technical assistance. Public sector programs financed through 
the sale of efficiency credits for electricity and natural gas under section 10009, through 
forward capacity· market payments administered by the' regional transmission 
organization or other capacity payinents that are attributable to those funds and through 
the Energy and Carbon Savings Trust shall ata minimum provide for free evaluation by 
persons meeting qualifications established by Efficiency Maine under section 10107, 
subsection 1, paragraph C, and for such technical assistance as governmental units and 
agencies need to conduct effective request-for-proposal processes. To the maximlim 
reasonable extent, Efficiency Maine shall ensure that each building for which commercial 
program services are sought is evahiated for the ·full range of programs and measures to 
increase energy efficiency and conservation, distributed renewable energy technology and 
effective load management, so that the largest pOssible range of such programs and 
measures can be adopted at one time. 
3. Leveraging other funds. Efficiency Maine may not substitute its services for 
those reasonably available in the market and in designing public sector programs shall 
maximize facilitation of performance-based contracts with energy service companies. In 
leveraging funds from other entities for public sector programs,' Efficiency Maine shall 
miniroiz.e the extent to which such funding comes from forms of indebtedness with 
recourse against the governmental unit or agency receiving services. Efficiency Maine 
shall,. between direct subsidy, leveraged funds and any other sources, promote adoption of 
all efficiency, conservation and demand reduction measures that have a payback period of 
years or less and shall especially seek to leverage funds for heat energy efficiency and 
demand reduction. 
4. Split incentives. In providing services and developing programs and measures for 
government buildings with rented space, Efficiency Maine shall take account of the fact 
that the entity paying energy costs is often hot the entity with authority to adopt energy' 
cost reduction measures and. shall strike a reasonable balance between ensuring that 
benefits flow to the entities who are paying energy costs directly and making programs 
and measures attractive for both landlord and tenant. Efficiency Maine" shall work with 
landlords, tenants and subtenants to implement whole building measures, with benefits 
flowing chiefly to the entity payIng for energy, and with due account taken of the effect 
. that lease terms may have on the long-term cost-effectiveness of a given measure. 
§ 1 0173. Administration of Efficiency Partners Program 
Efficiency Maine shall administer the Efficiency Partners Program established under 
Title 30-A, section 5953-C in accordance with that section. 
§10174. Relationship to other agencies 
1. . Cooperative relationship. 
Efficiency Maine shall establish' cooperative 
relationships with governmental units and agencies to 'enhance the ability of those entities 
to advance Efficiency Maine's goals and to integrate their activities into Efficiency 
Maine's operational and long-term plans. 
2. Contracting for program administration. Efficiency Maine may contract with 
any governmental unit or agency to administer any aspect of its public sector programs 
and shall ensure that such a contract is consistent with the requirements of this chapter. 
SUBCHAlP'TER 5 
HIGHER EDUCATION, HOSPITAL AND NONPROFIT PROGRAMS 
§10181. Establishment of higher education, hospital and nonprofit programs 
Efficiency Maine shall develop, implement and monitor programs and measures to 
increase electric, gas and heat energy efficiency and conservation, distributed renewable 
energy teclmology and effective load management in buildings owned or occupied by 
higher education, hospital and nonprofit entities, including programs' and measures 
delivered in multiple service territories, consistent with this chapter. 
§10182. Program guidelines 
1. Nonprofit entities. Efficiency Maine shall design programs and measures that 
provide sufficient technical assistance or direct oversight of work done to overcome the 
unique economic barriers that prevent the entities served under this chapter, and 
particularly nonprofit entities, from taking aQvantage of energy cost and demand 
reduction opportunities, including but not liririted to lack of access to capital, lack of 
relevant expertise and inability to take advantage of tax incentives. Efficiency Maine 
shall avoid complexity in program design and registration, paperwork and other aspects 
of its programs and measures in order to maximize participation . 
. 31 
2. Evaluation and technical assistance. Programs under this subchapter shall at a 
minimum provide for free evaluation by persons meeting qualifications established by 
Efficiency Maine under section 10107, subsection 1, paragraph C and for such teclmical 
assistance as entities need to conduct effective request-for-proposal processes. Tothe 
maximum reasonable extent, Efficiency Maine shall ensure that each building served is 
evaluated for the full range of programs and measures to increase energy efficiency and 
conservation, distributed renewable energy teclmology and effective load management, 
so that the largest possible range of s'uch measures can be adopted at one time. 
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3. Leveraging other funds. Efficiency Maine may not substitute its services for 
those reasonably available in the market and shall maximize faciiitation of performance-
based contracts with energy service companies. Iri leveraging funds from other entities 
for higher education, hospital and nonprofit programs, Efficiency Maine shall minimize 
the exfent to which such funding comes from forms of indebtedness with recourse against 
the entity receiving services. Efficiency Maine shall, between direct subsidy, leveraged 
funds and any other sources, promote adoption of all efficiency, conservation and demand 
reduction measures that have a payback period of 15 years or less and shall especially 
seek to leverage funds for heat energy efficiency and demand reduction. 
.. Equity. Efficiency Maine may assist entities under this subchapter that have 
already achieved substantial efficiency,' demand reduction and load management savings 
in achieving similar savings that have payback periods longer than 15 years. 
§10183. Relationship to other agencies 
. 1. 
Cooperative relationship. 
Efficiency Maine shall establish cooperative 
relationships with governmental units and agencies with responsibility for assistance to 
entities served under this subchapter, to enhance the ability of those entities to advance 
Efficiency Maine's goals and to integrate their activities into Efficiency Maine's 
operational and long-term plans. 
2. Contracting for program administration. Efficiency Maine may contract with. 
any governmental unit or agency to administer 'any aspect of the programs under' this 
subchapter and shall ensure that such a contract is consistent with the requirements of this 
chapter. 
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SUBCHAPTER 6 
INDUSTRIAL PROGRAMS 
§10191. Establishment of industrial programs 
Efficiency Maine shall develop, implement and monitor programs and measures to 
increase electric, gas and heat energy efficiency and conservation, distributed renewable 
energy technology and effective load management in industrial facilities and processes, 
including programs and measures delivered in multiple service territories, consistent with 
this chapter. 
§10192. Program guidelines 
1. Small businesses. Serving small businesses is the first priority for Efficiency 
Maine's industrial sector programs, and it is a goal of Efficiency Maine to provide 
services to each small business within the State by December 31, 2018. Efficiency Maine 
shall design programs and measures that provide sufficient technical assistance or direct 
oversight of work done to overcome the unique economic barriers that prevent small 
industrial businesses from taking advantage of energy cost and demand reduction 
opportunities, including but not limited to small staff size, limited access to capital and 
frequerii. need for direct subsidy. 
Efficiency Maine shall conduct outreach to small 
industrial businesses and shall avoid complexity in program design and registration, 
paperwork and other aspects of its programs and measures in order to maximize small 
industrial business participation. 
2. Evaluation and technical assistance. Industrial sector programs shall provide 
for free evaluation by persons meeting qualifications established by Efficiency Maine 
under section 10107, subsection. 1, paragraph C and for such technical assistance as 
businesses need to conduct effective request-for-proposal processes. To the maximum 
reasonable extent, Efficiency Maine shall ensure that each building or process for which 
. industrial program services are sought is evaluated for the full range of programs and 
measures to increase energy efficiency and conservation, distributed renewable' energy . 
teclmology and effective load management, so that the largest possible range of such. 
programs- and measures can be adopted at one time. 
3. Leveraging other funds. Efficiency Maine may not substitute its services for 
. those reasonably available in the market and shall maximize facilitation of perfonnance-
based contracts with energy service companies. In leveraging funds from other entities 
for industrial programs, Efficiency Maine shall minimize the extent to which such· 
funding comes from fonns of indebtedness with recourse against the business receiving 
services. Efficiency Maine shall, between direct subsidy, leveraged funds and any other 
'sources, promote adoption of all efficiency, conservation and demand reduction measures 
that have a payback period of 15 years or less and shall especially seek to leverage func}s-
for heat energy efficiency and demand reduction. 
An industrial energy consumer to whom the cost of purchase of efficiency credits under 
section 10009 is passed on by a transmission and distribution utility, a natural gas utility 
o'r a heating fuel wholesaler is entitled to receive from Efficiency Maine services of value 
equal to at least the amount of the cost passed on. The commission shall determine the 
amount of the cost passed on, taking account of any state or federal tax treatment of the 
purchase of the credits and any other relevant considerations. 
4. Equity. Efficiency Maine may offer individualized services to businesses, but 
shall seek to avbid giving one business a competitive advantage over its competitors with 
respect to services for facilities in the State; except insofar as benefits for small 
businesses in an industry must be proportionally more generous than benefits for large 
businesses. 
To achieve this end, Efficiency Maine may assist businesses under this 
subchapter that have already achieved substantial efficiency, demand reduction and load 
management savings in achieving similar savings that have payback pen ods longer than 
years. 
. 
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5. Split incentives. In providing services and developing programs and measures for 
industrIal facilities with rented space or equipment, Efficiency Maine shall take account 
of the fact that the entity paying energy costs is often not the entity with authority to 
adopt energy cost reduction measures and shall strike a reasonable balance between 
ensuring that benefits flow to the entities who are paying energy costs directly and 
making programs and measures attractive for both landlord and tenant. Efficiency Maine 
shall work with landlords, tenants and subtenants to implement comprehensive building 
and process efficiency and demand reduction meaSures, with benefits flowing chiefly to 
the entity paying for energy, and with due account taken of the effect that lease terms 
may have on the long-tenn cost-effectiveness. of a given measure. 
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§10193. Relationship to other agencies 
1. 
Cooperative relationship. 
Efficiency Maine shall establish cooperative 
relationships with govenU11ental· units and agencies with responsibility for business' 
assistance and development, including but not limited to the Finance Authority of Maine 
and the Department of Ecoilomic and Community Development, to enhance the ability of 
those entities to advance Efficiency Maine's goals and to integrate their activities into 
Efficiency Maine's operational and long-term plans. 
2. Contracting for program administration. Efficiency Maine may contract with 
any goverrunental unit or agency to administer any aspect of its· industrial sector 
programs and shall ensure that such a contract is consistent with the requirements of this 
chapter. 
SUBCHAPTER 7 
WORKFORCE DEVELOPMENT 
§10201. Green Energy Job Growth Fund 
Five percent of the funds procured from the sale of efficiency credits for electricity, 
natural gas and heating fuel under section 10009 and from forward capacity market 
payments administered by the regional transmission organization. or other capacity 
payments that are attributable to projects funded in any measure by Efficiency Maine 
must be transferred to the Green Energy Job Growth Fund established under Title 26, 
section 2041. 
. §10202~ Training for installers of solar equipment 
1. 
Installation training. Efficiency Maine may establish training programs for 
installers of solar equipment' that most effectively meet the needs of the public, to the 
extent the programs are integrated with ~orkforce development systems pursuant to Title 
26, section 2041. If it does establish such programs, Efficiency Maine: 
A. May develop separate programs for different solar technologies or applications 
when Efficiency Maine detennines that the skills or training for the. installation of 
those teclmologies or applications merit the distinction; 
B. Shall confer with the Plumbers' Examining Board as established in Title 5, section 
12004-A. subsection 2 and the Electricians' Examining Board as established in Title 
5, section 12004-A, subsection 13 when it· develops the course content and 
requirements; 
C. 
Shall detennine the content of the training, the hours' required for course 
completion and the manner in which applicants for certification under this section 
must demonstrate proficiency in solar equipment installation; 
D. Shall issue a certificate of completion to individuals who meet the requirements 
Efficiency Maine has established; 
E. May establish reasonable course fees. All fees must be paid to Efficiency Maine 
for the purposes of this subsection; 
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F. 
Shall detennine· tenns for the expiration and renewal of a certificate of 
completion; and 
G. Shall detennine an appropriate means of maintaining recognition of the training 
received by persons holding certificates issued pursuant to fonner Title 32, chapter 
87. 
2. 
Qualifications for installing solar equipment. 
A certificate of completion 
issued by Efficiency Maine pursuant to subsection 1 does not exempt the holder from any 
applicable licensing requirements for activities involved in instaIIingsolar equipment, 
including but not limited to licensing requirements established in Title 32, chapter 17 or 
49, 
§10203. Training for energy auditors 
1.' Auditor training.· Efficiency Maine may establish training programs for energy 
auditors that most effectively meet the needs of the public, to the extent the programs are 
integrated with workforce development systems pursuant to Title 26, section 2041. For 
the purpose of this subsection, an energy auditor is a person who is trained to prepare a 
report that delineates the energy consumption characteristics of a building, identifies 
appropriate energy efficiency operations and maintenance procedures· and recommends 
appropriate energy efficiency measures: If it does establish such programs, Efficiency 
Maine: 
A. 
May develop separate programs for audits of different building types and 
functions when Efficiency Maine detennines 'that the skills or training needed to 
perfonn these audits merit the distinction; 
B. 
Shall detennine the content of the training, the hours required for course 
completion and the manner in which applicants for certification under this 'subsection 
must demonstrate proficiency in energy aUditing; 
C. Shall issue a certificate of completion to individuals who meet the requirements 
Efficiency Maine has established; 
D. May establish reasonable course fees, All fees must be paid to Efficiency Maine 
to be used for the purposes of this subsection; 
E. 
Shall determine tenns for the expiration and renewal of a certificate of 
completion; and 
F. Shall determine an appropriate means of maintaining recognition of the training 
received by persons holding a certificate issued pursuant to fonner Title 32, chapter 
88, 
Efficiency Maine shall in its sole discretion determine whether individuals are qualified 
to perfonn work that is partly subsidIzed by Efficiency Maine, including contractors in 
programs administered by or jointly with the Maine State Housing Authority, 
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§10204. Other certification programs 
Efficiency Maine may establish a training or certification program for persons who 
install, maintain or use energy technologies or who must comply with energy-related 
standards or practices required by statute. 
. 
SUBCHAPTER 8 
RESEARCH AND DEVELOPMENT 
§10221. Research and development funding 
One percent of funds procured from the sale of efficiency credits for electricity, 
natural gas and heating fuel under section 1 0009, and from forWard capacity market 
payments administered by the regional transmission organization or other capacity 
payments that. are attIibutable to projects funded. in any measure by Efficiency Maine 
must be transfened to the Maine Teclmology Capacity Fund; established under Title 5, 
section 15303~A, to be used solely to promote research, development, commercialization 
and extension of enviromnental teclmology related to energy efficiency and conservation, 
effective electricity load management and renewable energy. 
Efficiency Maine may 
retain these funds for its activities if the board detennines; in its sole discretion, that the 
Maine Teclmology Institute has decreased investment for these purposes from other funds 
it manages 'as a result of receiving efficiency credit funds: 
SUBCHAPTER 9 
EDUCATIONAL PROGRAMS 
§10241. Provision of public information 
1. General. At least 0.1 % of funds procured from the sale of efficiency credits for 
electricity, natural gas and heating fuel under section 10009, and from forward capacity 
market payments administered by the regional transmission organization or. other capacity 
payments that are attributable to projects funded in any measure by Efficiency Maine, 
must be expended for public information programs. Efficiency Maine in coordination 
with the commission under section 10001, subsection 1 shall provide to the public 
information about energy technologies and energy efficiency practices, in accordance 
with the administrator's contract, including any state building energy standards and their 
implementation. In providing public information, Efficiency Maine shall consider: 
A. 
The aspects of energy technologies, energy efficiency and load management 
practices, building energy standards and their implementation about which the public 
needs information; 
B. The most effective means of providing the information; and 
C. The members of the public who would most benefit from public' information. 
2. Specific programs. Efficiency Maine shall examine and consider developing: 
A. Instructional or infonnational manuals, including but not limited to a manual of 
accepted practices to assist builders of residential buildings to comply with any state 
building energy standards; 
B. Fact sheets, including but not limited to fact sheets on insulation materials and the 
positive and negative effects that may result from their installation; and 
C. Any other means of providing infonnation that will accomplish the purposes of 
this section. 
3. Funding. Efficiency Maine may seek or may coordinate with other agencies, 
individuals or entities to seek federal funding for the purposes of this section and, to the 
extent permitted in the administrator's contract, the administrator may charge reasonable 
. 11 
fees' approved by the· board to cover' the costs of services provided pursuant t6 this 
section .. All fees must be paid to the Treasurer 'of State and used to reimburse Efficiency 
Maine for its expenses in providing the service for which the fee is charged. 
4. Coordination. To the extent practicable, Efficiency Maine shall coordinate with 
other agencies, individuals or entities, within and outside the State, for the purposes of 
this section. 
. 
SUBCHAPTER 10 
LOAD MANAGEMENT PROGRAMS 
§10261. Establishment of load management programs. 
Efficiency Maine shall develop, implement and monitor programs -and measures to 
increase effective load management, consistent with the administrator's contract, and may 
accept forward capacity market payments administered by the regional transmission 
organization or other capacity payments to fund load management projects. Efficiency 
Maine shall partner with public utilities and other entities as appropriate to carry out the 
purposes of this seCtion. 
. 
PARTL 
Sec. L-l. 35-A MRSA c. 99 is enacted to read: 
CHAPTER 99 
ENERGY AND WATER EFFICIENCY STANDARDS FOR APPLIANCES 
30' 
. §10301. Shorttitle 
This chapter may be known and cited as "the Maine Energy and Water Efficiency 
Standards for Appliances Act." 
§10302. Scope 
1. Authority. The conumssion shall prescribe by rule standards for minimum levels 
of operating efficiency, based on a reasonable use pattern, and may prescribe other cost-
effective measures, including incentive programs, fleet averaging, energy and water 
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consumption labeling not preempted by federal labeling iaw and consumer education 
programs, to promote the use of energy-efficient and water-efficient appliances whose 
use, as determined by the cOrrllnission, requires a significant amount of energy or water 
on a statewide basis. The minimunilevels of operating efficiency must be based on 
feasible and attainable efficiencies or feasible improved efficiencies that will reduce the 
growth rate of energy or water consumption in the State. The standards must become 
effective no sooner than one year after the date of adoption or revision. A new appliance 
manufactured on or after the effective date of the standards may not be sold or offered for 
sale in the State unless it is celiified by the manufacturer to be in compliance with the 
standards. The standards adopted or revised pursuant to this chapter may not result in any 
added total costs for consumers over the designed life of the appliances concerned. When 
determining cost-effectiveness, the commission shall consider the value of the water or 
energy saved, the effect on product efficacy for the consumer and the life-cycle cost to 
the consumer of complying with the standard. The commission shall consider other 
relevant factors, including, but 110t limited to, the effect on housing costs, the total 
statewide costs and bei1eflts of the standard over its lifetime, economic impact on 
businesses in the State, altemative approaches and their associated costs and the value of 
harmonization with standards adopted by other states. 
A Within 3 months of the effective date of this chapter, the commission shall adopt 
, rules that contain the energy and water efficiency standards in California Code of 
Regulations, title 20, division 2, chapter 4, sections 1601-1608 (2008), and contain 
such other provisions .of said regulations as the commission determines appropriate. 
The rules must provide ti1at the standards apply with the same effective dates as 
under the said California Code of Regulatioris, except that in no case may the 
standard have an effective date sooner than one year after the date of adoption by the 
commission of the rules. Rules initially adopted under this paragraph are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-ASubsequently 
adopted rules or amendments to rules under this paragraph are maj or substantive 
rules, pursuant to Title 5, chapter 375, subchapter 2-A except that the following 
types of rules are routine technical rules pursuant to Title 5, chapter 375, subchapter 
2-A: 
(1) Rules that increase theminimum level of operating efficiency for an existing 
standard up to the level of the applicable national voluntary consensus standard 
adopted by the American Society of Heating, Refrigerating, and Air Conditioning 
Engineers, !ric. or, for appliances not covered by those standards, up to the level 
. established in a similar nationwide consensus standard; 
(2) Rules that change the measure or rating of any standard, if the minimum 
level of operating efficiency remains substantially the same; 
(3) Rules that adjust the minimum level of operating efficiency in an existing 
standard to reflect changes in test procedures . that the standards require 
manufacturers to use in certifying compliance, if the minimum level of operating 
efficiency remains substantially the same; and 
(4) Rules that readopt a standard preempted, enjoined or otherwise fuund legally 
defective by an administrative agency or a court, if fimil legal action determines 
that the standard is valid or later changes to state or federal law remove the 
source of any invalidity and the standard that is readopted is not more stringent 
than the standard that was found to be defective or preempted. 
B. 
To the extent the rules the comnusslOn adopts pursuant to paragraph A are 
preempted by federal law, .the commission shall seek a waiver of preemption. If the 
commission determines that further rulemaking in areas subject to federal preemption 
is in the public interest, it may seek a waiver of preemption for such rulemaking. 
2. Application. This chapter and standards adopted by the commission by rule 
pursuant to this chapter apply to new appliances sold or offered for sale in the State, 
except those sold wholesale in the State for final retail sale outside the State and those 
designed and sold exclusively for use in recreational vehicles or other mobile equipment. 
This chapter and rules adopted pursuant to this chapter apply only to units manufactured 
on or after its effective date. The appliances regulated under this chapter include but are 
not limited to: 
'26 
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A. Refrigerators, refrigerator-freezers and freezers that are operated by alternating 
current electricity, including but not limited to refrigerated bottle,d or canned 
beverage vending machines, automatic commercial ice-makers, refrigerators with or 
without doors, freezers with or without doors, walk-in refrigerators, walle-in freezers 
and water dispensers, but excluding the following types: 
(1) Consumer products with total refrigerated volume exceeding 39 cubic feet; 
(2) Commerdal refrigerators, commercial refrigerator-freezers and commercial 
freezers with total refrigerated volume exceeding 85 cubic feet, except that walk-
in refrigerators and walk-in freezers are not excluded; 
(3) Blast chillers; and 
(4) Automatic commercial ice makers with a harvest rate of less than 50 pounds 
per 24 hours and automatic cOmInercial ice makers with a harvest rate greater 
than 2,500 pounds per 24 hours; 
B. Room air conditioners, room air conditioning heat pumps, packaged terminal air 
conditioners and packaged tenninal heat pumps; 
C. Central air conditioners that are electrically powered unitary air, conditioners and 
electrically powered unitary heat pumps, excejJt those designed to operate without a 
fan; 
D. Gas-fired air conditioners and gas-fired heat pumps; 
E. Spot air conditioners, evaporative coolers, ceiling fans, whole house fans and 
residential exhaust fans; 
F. 
Vented gas space heaters and vented oil space heaters, vented and unvented 
infrared gas heaters and gas-fired combination space heating and water heating 
appliances; 
G. Water heaters, including but not limited to hot water supply boilers; 
H. Gas pool heaters, oil pool heaters, electric resistance pool heaters, heat pump pool 
heaters, residential pool pumps and portable electric spas; 
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Plumb~ng fittings, including showerheads, lavatory faucets, kitchen faucets, 
metering faucets, replacement. aerators, wash fountains, tub spout diverters and 
cOlllillercial pre-rinse spray valves; 
J. Plumbing fixtures, including toilets and urinals; 
K. Lighting devices: 
( 1) Fluorescent lamp ballasts that are designed to operate at nomirial input 
voltages of 120 or 277 volts, operate with an input current frequency of 60 hertz 
and whose lamp diameters equal S/8 inch, one inch or 1 112 inches, commonly 
refened to as TS, T8and T12 lamps; 
. 
(2) Federally regulated general service fluorescent lamps, federally regulated 
incandescent reflector lamps and state-regulated general service incandescent 
lamps; 
. (3) Emergency lighting, including illuminated exit signs; 
(4) Traffic signal modules and traffic signal lamps; 
(S) Luminaires that are torchieres, metal halide luminaires and under-cabinet 
luminaires; 
(6) Light fixtures, lighting control, ballast or any component of those devices; 
(7) New and replacement lighting devices and interior and exterior lighting 
devices; and 
(8) Indoor and outdoor lighting devices, including but not limited to street lights 
and parking lot lighting; 
. 
L. Dishwashers'that are federally regulated consumer products; 
M. Clothes washers that are federally regulated consumer products and commercial 
clothes washers; 
N. Clothes dryers that are federally regulated consumer products; 
O. Cooking products that are federally regulated consumer products and food service 
equipment; 
P. Electric motors, excluding definite purpose motors, special purpose motors and 
motors exempted by the United States Department of Energy under 42 United States 
Code, Section 6313(b); 
Q. Low voltage dry-type distribution transformers that are designed to operate at a 
frequency of60 hertz and that have a rated power output of not less than. IS kVa; 
R. Single voltage external AC to DC and ACto AC power supplies included with 
other retail products or sold separately, excluding power supplies that are classified as 
devices for human use under the Federal Food, Drug, and Cosmetic Act, 21 United 
States Code, Chapter 9 and thatreguire United States Food and Drug Administration 
listing and approval as a medical device; and 
S. 
Consumer audio and video equipment, including televisions, compact audio 
devices, digital video disc players and digital video disc recorders. 
3. Display of date of manufacture. An appliance regulated pursuant to this chapter, 
except for plumbing fittings, that is manufactured on or afterJanuary 1, 2010, may not be 
sold or offered for sale in the State unless the date of the manufacture is displayed in an 
accessible place on that appliance. 
. 
4. Predictability of regulation. During the period of 5 years after the commission 
. has adopted a standard for a particular appliance pursuant to this chapter, an increase or 
decrease in the minimum level of operating efficiency required by the ,standard for that 
appliance may not become effective unless the commission adopts other cost-effective 
measures for that appliance. 
5. 
Confidentiality of sales information. 
In the rule-making process, the 
commission shall designate and treat nonpublic sales information of an individual 
1.2 
manufacturer that is obtained by' the commission as. confidential, and such information 
designated by the commission is not a public record under Title 1, section 402; subsection 
3. 
The commission shall ensure transparency by means other than public disclosure 
when such information is considered. 
. 
6. Reasonableness of information requests. The commission may not request any 
information from' a manufacturer that cannot be reasonably produced in the exercise of 
due diligence by a manufacturer. 
7. 
Lighting standards affecting transportation safety. The corrumsslOn shall 
consult with the Department of Transportation to ensure that outdoor lighting standards 
are compatible with the department's policies and standards for transit-related safety and 
illumination levels. 
PARTM 
Sec. M-l. State Purchasing Agent; report on fuel economy of state-
purchased vehicles. By January 1,2010, the State Purchasing Agent shall report to the· 
Joint Standing Committee on Natural Resources regarding compliance with the Maine 
. 
Revised Statutes, Title 5, section 1812-E. 
. 
Sec. M-2. Green energy industry partnership proposal. By January 1,2010, 
the Department of Labor and the Department of Economic and Community Development 
shall, in consultation and coordination with local and statewide stakeholders, develop a 
proposal to the Northern Border Regional Commission created pursuant to the Federal 
Food, Conservation, and Energy Act of 2008, Public Law 110-246 regarding a green 
33· 
energy industry partnership for the downeast and coastal regions of the State, unless it 
appears that the commission will not have funding or is otherwise unlikely to award funds 
for the proposal. The proposal, and any other green energy industry proposals developed 
by the 2 departments, shall meet the requirements of the Maine Revised Statutes, Title 26, 
section 2041, and funds from the Maine Green Energy Job Growth Fund may be used to 
develop the proposals, within the constraints of that section. 
Sec. M-3. Department of Economic and Community Development report. 
The Department of Economic and. Community Development shall analyze the current 
opportunities for and participation in the green energy economy by business enterprises 
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owned by women, minorities and members of other target populations in the State, 
identify existing barriers to their successful participation in the green energy economy 
and develop strategies with specific policy recommendations to improve their successful 
participation in the green energy economy. 
The Department of Economic and 
Community DeveIopment shall report on its research, analysis and recommendations to 
the Joint Standing Committee on Business, Research and Economic Development by 
March 1, 2010. The conunittee may submit a" bill regarding the subject matter of the 
report to the'Second RegularSession of the 124th Legislature. 
Sec. M-4. Guidelines for implementation. In carrying out their respective 
duties under the Maine Revised Statutes, Title 26, section 2041, the Department of Labor 
and the Department of Economic and Community Development shall consider the 
approaches to green energy industry partnerships and workforce development taken in 
Oregon, Washington and other states with effective models. 
Sec. 1\1-5." Application. The Maine Revised Statutes, Title 30-A, section 903-B 
and the amendments to Title 5, section 1764-A made by this Act do not apply to any 
construction projects that have received design approval prior to the effective date of 
rules adopted pursuant to those provisions. Amendments to Title 20-A, seCtion 15908-A 
made by this Act do not apply to any school construction project that receives voter 
approval at a public refel~endum pursuant to Title 20-A, section 15904 prior to the 
effective date of rules adopted pursuant to Title 20-A, section 15908-A. 
31-
Sec. M-6. Guidelines for implementatfon. The programs that the Legislature 
intends to be administered by Efficiency Maine or coordinated with its efforts under the 
Maine Revised Statutes, Title 5, section 58 and Title 35-A, section 10152 include but are 
not limited to: the Finance Authority of Maine's Energy Conservation Loan Program, 
Economic Recovery Loan Program and Energy Audit Equipment Loan Program; the 
Maine State Housing Authority's program to Glean, tune and evaluate home heating 
sy~tems, Central Heating Improvement Program," weatherization programs, Home Energy 
Loan Program, Multifamily Home Energy Loan Program, energy efficiency mortgage 
options, Appliance Replacement Program and Carbon Market Project as well as any 
distributed renewable energy technology programs and green building standard programs; 
the"Maine Community Action Association's Keep ME Warm fund; the Department of 
Conservation's survey of heating systems in public buildings, fuels" to schools, wood 
pellet, wood-to-energy and wood pricirig programs; the Depar):ment of Environmental 
Protection's Governor's Carbon Challenge, Green Certification and Environmental 
Leaders of Maine: Smart Growth through Smart" Production programs; and all relevant 
programs of the Public Utilities Commission and the" Office of the Public Advocate, the 
Department of Economic and Community Development and the University of Maine 
Cooperative Extension. 
" 
Sec. M-7. 
Transition; Efficiency Maine successor to Public Utilities 
Commission's conservation program; transfer of funds. 
The Public Utilities 
Commission shall transfer to Efficiency Maine as established under the Maine Revised 
Statutes, Title 35-A, chapter 97 all funds administered by the commission pursuant to 
Title 35-A, section 3211-A and all existing contracts, agreements and compacts of the 
Public Utilities Commission entered into pursuant to Title 35-A, section 3211-A and 
currently in effect. 
Efficiency Maine shall administer the funds and all contracts, 
agreements and compacts in accordance with all relevant existing rules and procedures in 
operation or adopted by the Public Utilities Coimnission and such rules and procedures 
remain in effect and continue in effect with respect to those contracts, agreements and 
compacts until revised, rescinded or amended by the Public Utilities Commission with 
the agreement of Efficiency Maine .. All funds transferred to Efficiency Maine under this 
section and not required to fund existing contracts, agreements or compacts must be 
applied in the same manner as funds collected pursuant to Title 35-A, section 10009. 
PARTN 
Sec. N-l. 5 MRSA §3327, sub-§3, EjfC,as enacted by PL 2003, c. 487, §1, is 
amended to read: 
' 
C. The council may seek, and the Public Utilities Commission may provide, funds to 
the council pursuant to Title 35-A, section32!! A 10009, subsection ~.§.. 
Sec. N-2. 30-A MRSA §4722, sub-§l, EjfCC, as' enacted by PL 2007, c. 645, §3, 
is amended to read: 
CC. 
Encourage and provide incentives to individuals and entities that conserve 
energy; support and participat~,with resources derived from sources S)ccept the 
conservation program fund under Title 35 Pt, section 3211 A, subsection 5, in 
markets that reward energy conservation and use the proceeds from this participation 
to support affordable housing programs under its' jurisdiction; and create and 
administer programs that encourage individuals and entities to conserve energy. 
28. 
Sec. N-3. 35-A MRSA §117, sub-§3, EjfB, as enacted by PL 2005, c. 432, § 1, is 
amended to read: 
B. After deducting any amount used pursuant to paragraph A, the commission may, 
to the extent practicable and in as equitable and fair a manner as possible, apply 
administrative penalties, along with any accrued interest, in accordance with this 
paragraph: The commission shall seek to apply the amount in a manner that benefits 
those customers affected or potentially affected by the violation, if they can 
reasonably be identified or, if the commission determines this application of the 
amount to be impractical or unreasonable, in a manner that benefits the class or group 
of customers affected or potentially affected by the violation. In order to achieve the 
purposes of this paragraph, the commission may apply the funds: 
(1) In the form of a direct payment or credit to the customers or group or class of 
customers affeCted or potentially affected by the violation resul~ing in the 
administrative penalty; 
(2) 
To supplement a low-income assistance or outreach program that the 
commission determines would benefit customers affected or potentially affected 
by the violation resulting in the administrative penalty; 
(3) 
To supplement the' conservation program fund Efficiency Trust Fund 
established pursuant to section 3211 Pt 10009, subsection 5; 
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(4) To supplement the telecommunications education access fund established 
pursuant to section 7J 04-B; or 
(5) To supplement any other program or fund that the commission detennines 
would benefit customers affected or potentially affected by the violation. 
Amounts applied pursuant to this paragraph to supplement an existing program or 
fund may not result in a reduction in other funding provided for the program or fund 
unless the reduction is outside the commission's control and the corninission finds' 
that application of the penalty amount to the fund or program is the most appropriate 
use of the penalty and the net effect will be an increase in total funding available to 
the program or fund. 
Sec. N-4. 35-A MRSA §3153-A, sub-§l, ~, as amended by PL 2001, c. 624, 
§2, is further amended to read: 
E. 
Transmission and distribution utility financing or subsidization of capitai 
improvements undertaken by ratepayers to conserve electricity used by the ratepayers 
in the future.· 
This paragraph applies to future programs for utility financing of 
energy conservation or load management as long as the goal of such programs is to 
economically defer or eliminate the need for transmission and distribution plant 
upgrades. In addition to programs undertaken pursuant to this paragraph, programs 
may be undertaken pursuant to section 3211 A chapter 97 to achieve goals other than 
that identified in this paragraph; 
Sec. N-5. 35-A MRSA §3210, sub-§7, as amended by PL 2007, c.403, §5, is 
further amended to read: 
7. Information. The commission shall inform electricity consumers in this State of 
the benefits of electricity generated in this State using renewable resources and of the 
opportunities available in this State to purchase electricity that is generated using those 
resources, including, but not limited to, green power supply products and renewable 
energy credit products certified under section 3212-A. The commission may not promote 
any renewable resources over others. The commission may apply for, receive and expend 
grant money from the United States Department of Energy and other government 
agencies for this purpose. Notwithstanding section 3211 A 10009, subsection 5, the 
commission also may use up to $100,000 per year from the conservation program fund 
Efficiency Trust Fund established under section 3211 A 10009, subsection 5 to support 
the purposes of this subsection. The commission may create or cause to be created a 
brand or logo to identify Maine renewable resources, including green power supply 
products and renewable energy credit products certified under section 3212-A, to 
consumers. The commission shall register any mark or logo created pursuant to this 
subsection with the United States Patent and Trademark Office or in accordance with 
Title 10, chapter 30l-A, or both. Any brand or logo created pursuant to this subsectiQn 
may only be used in accordance with the purposes of this subsection as approved by.the 
commission. 
. 
Sec. N-6. 35-A MRSA §3210-B, sub-§3, as enacted by PL 2003, c. 610, §2, is 
amended to read: 
\ 
3. Conservation programs. In designing and implementing conservation programs 
pursuant to section 3211 A chapter 97, the commission Efficiency Maine may make 
available .to qualified Pine Tree Development Zone businesses established under Title 30-
A special programs of enhanced. value to aid state efforts to promote economic. 
development within Pine Tree Development Zones. A program made available pursuant 
to this subsection must be cost-effective as defined by the commission Efficiency Maine 
by rule or order pursuant to section 3211 A chapter 97. 
Sec. N-7. 35-A MRSA §3211-C, sub-§3, as amended by PL 2007, c. 661, Pt. D, 
§ I, is further amended to read: 
-
3. Funding level; fund. The commission shall assess transmission and distribution 
utilities to collect funds for the solar and wind energy rebate program in accordance with. 
this subsection. The amount of all assessments by the commission under this subsection 
must result in total program expenditures by each transmission and distribution utility that 
do not exceed 0.005 cent per kilowatt-hour. To the extent practicable, the commission 
shall establish and collect the assessment in a manner that is consistent with the 
assessment made under section 3211 A 10009. The commission shall establish a solar 
and wind energy rebate program fund to be used solely for the purposes of this section. 
Al! assessments made under this subsection are deposited in the fund. Any interest on 
funds in the fund must be credit~d to the fund. Funds not spent in any fiscal year remain 
in the fund to be used for the purposes of this. section. The commission shall determine . 
the allotment of the fund in each fiscal year between solar photovoltaic system rebates, 
solar thermal system rebates and qualified wind energy system rebates, with a minimum 
of20% of the fund provided to each of the 3 types of rebates. 
Sec. N-8. 35-A MRS A §10007, sub-§5, as enacted by PL 2007, c. 317, §14, is 
repealed and the following enacted in its place: 
5. Staff. Efficiency Maine, as established under chapter 97, shall hire and organize 
staff resources for the board. 
Sec. N-9. 35-A MRSA §10007, sub-§6, as enacted by PL 2007, c. 317, §14, is 
amended to read: 
6. Triennial energy efficiency and conservation plan. The board shall, vote on a 
detailed triennial energy efficiency and conservation plan developed jointly by the 
commission and the trustees of the Energy and Carbon Savings Trust pursuant to section 
3211 A, subsection 2, paragraph K and section 10008, subsection 7, referred to in this 
subsection as "the plan," and make a full report of the vote to the commission and the 
trustees of the Energy and Carbon Savings Trust in accordance with this subsection . 
. . 
A. In developing the 'plan, the commission and the trustees of the Energy and Carbon 
Savings Trust shall consult the board and provide the opportunity for the board to 
provide input on drafts of the plan. 
B. The board may review efficiency and conservation program budget allocations of 
the commission and the Energy and Carbon Savings Trust and provide general 
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guidance to the commission and the trustees of the Energy and Carbon Savings Trust 
on program implementation. 
C. The board may present any recOlmnended changes to the plan to the commission 
and the' trustees of the Energy and Carbon Savings Trust for review and final 
approval. 
The cOlmrussion and the trustees may adopt, modify or rej ect any 
recommended changes presented by the board. 
D. 
With respect to efficiency and conservation programs adrpinistered by the 
commission, the first plan must be developed and adopted to address all prpgrarris 
implemented on or after July 1,2010. 
SUMMARY 
This bill provides funding for cost-effective efficiency and renewable energy 
teclmology. It creates an energy efficiency entity called Efficiency Ivlainelo administer a 
wide range of efficiency and related programs and to leverage private and federal funds. 
It ensures the provision of training for the jobs that these measures will create. 
Specifically, the bill accomplishes the following. 
Part A requires all agencies of State Government that administer a program related to 
energy efficiency, load management and distributed renewable energy to contract with 
Efficiency Maine to administer the program, unless a different cooperative arrangement is 
more cost-effectiv.e. 
Part A also raises efficiency standards for state-funded construction and state-
purchased vehicles. 
Part B adds Efficiency Maine project bonds issued by the Finance Authority of Maine 
to the portion of the State ceiling for private activity bonds allocated to the Finance 
. Authority of Maine. 
Part B also requires every building and industrial facility in the State, with certain. 
limited exceptions, to get a thorough energy audit within the next 10 years. If the 
evaluation is done in coordination with Efficiency Maine, the audit must be paid for by 
Efficiency Maine. 
Part C adjusts school funding provisions to make state funding for adult education 
more responsive to increases in enrollment attributable to new workforce development 
programs and to pennit career arid technical education centers to receive targeted 
workforce development program funds. 
Part C also raises efficiency standards for school construction, involves Efficiency 
Maine in the construction project approval process, gives school administrative units 
increased flexibility in contracting with energy service companies for energy efficiency, 
load management and distributed renewable energy improvements and makes school 
administrative units eligible for technical and other assistance from Efficiency Maine in 
pursuing energy-related improvements. 
Part D establishes a Green Energy Job Growth Initiative to ensure that workforce 
development efforts keep pace with jobs created by the bill.  It requires the Department of 
Labor, in consultation with a broad range of stakeholders, to analyze current and future 
workforce needs in energy-related fields and to develop career ladders and 
recommendations for certifications, standards and licensing. 
Part D also requires the Department of Labor, as part of the Green Energy Job 
Growth Initiative, to administer a competitive grant program to support development of 
industry partnerships to meet workforce needs in energy-related fields and to leverage 
private and federal workforce development funds to that end.  Funding is provided from 
the new revenues generated by the energy efficiency resources standard established in 
Part J of the bill. 
Part D also requires the Department of Labor, as part of the Green Energy Job 
Growth Initiative, to provide direct support to workers seeking training in energy-related 
fields, in a manner modeled on the Competitive Skills Scholarship Program. 
Part E raises efficiency standards for county buildings, expands counties' ability to 
contract with energy service companies to achieve energy savings and makes counties 
eligible for technical and other assistance from Efficiency Maine. 
Part F raises efficiency standards for low-income rental housing, requires landlords 
who participate in housing subsidy voucher programs to adopt efficiency measures that 
do not increase the indebtedness of the landlord and establishes a collaborative 
relationship between the Maine State Housing Authority and Efficiency Maine in 
delivering efficiency programs to the residential sector. 
Part G expands the capacity of municipalities to use the property tax billing system to 
administer energy efficiency assistance programs and applies higher efficiency standards 
to municipal buildings to the extent that the State or another entity provides funding to 
cover the additional up-front cost of meeting those standards. 
Part H establishes a partnership between the Maine Municipal Bond Bank and 
Efficiency Maine to administer the bank's Efficiency Partners program that provides 
loans for efficiency upgrades to municipal and public school buildings, requires the bank 
to consult with Efficiency Maine in administering its other programs and applies the 
bank's aggregation powers to the purchase of energy efficiency-related products and 
services. 
Part I provides a definition of "distributed renewable energy technology," changes 
certain public utility laws to account for the creation of Efficiency Maine and requires 
transmission and distribution utilities and gas utilities to coordinate with Efficiency 
Maine in administering efficiency and distributed renewable energy technology programs 
and requires those utilities' cooperation in distributing information and allowing financing 
of efficiency-related projects to use the utilities' billing systems. 
Part I also requires the Public Utilities Commission to recommend efficiency 
standards for new electricity transmission lines and to establish a decoupling rate 
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structure to encourage transmission and distribution utilities to reduce energy costs by 
reducing peak load. 
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Part J raises the renewable portfolio standard and establishes an energy efficiency 
resource standard that requires transmission and distribution utilities, gas utilities and 
'heating fuel wholesalers to purchase energy efficiency credits to meet established 
efficiency targets and requires Efficie~cy Maine to deliver programs and services that 
meet those targets. It also provides' jurisdiction to the Public Utilities Commission to . 
impose administrative penaltie.s on heating fuel wholesalers who fail to purchase the 
credits. 
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Part J also gives responsibility for administering the Energy and Carbon Savings 
Trust to Efficiency Maine's administrator. 
Parts J and K transfer most responsibility for energy efficiency ,and' distributed 
renewable energy technology programs now administered by the' Public Utilities 
Commission to Efficiency Maine. 
Part K establishes Efficiency Maine as a public instrumentality of the State governed 
by a board that is directed to contract with a nonprofit entity to administer all of 
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Efficiency Maine's programs and activities. The contract is required to include strict 
benchmarks for a broad range of quality measures. 
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Part K requires Efficiency Maine to implement a broad range of programs to increase 
energy efficiency for all of the State's residential, commercial and industrial energy 
consumers by using revenues from the sale of energy efficiency credits to fund cost-
effective energy' efficiency and ,distributed renewable energy technology products and 
services, workforce development activities to meet the demand for those programs and 
services and research, development and commercialization of products and services that, 
reduce energy costs. 
Part K creates various legal immunities for Efficiency Maine and establishes certain 
, exemptions for its records from Maine's freedom of access laws. 
Part K also requires Efficiency Maine to design its programs to maximize leveraging 
of other funding sources, including private financing, federal funds and payments from 
other New England states through the forward capacity market. 
Part K also authorizes the Finance Authority of Maine to issue revenue bonds for 
Efficiency Maine projects approved by Efficiency Maine. 
Part L requires the Public Utilities Cotnmission to adopt. minimum appliance 
efficiency standards. 
Part M requires the State Purchasing Agent to report to the Legislature on compliance 
with fuel economy mandates for state-purchased vehicles. 
Part M also requires the Department of Labor and the Department of Economic and 
Community Development to submit a proposal for an energy industry partnership for the 
downeast and coastal regions for funding by the Northern Border Regional Commission 
and to explore other possible energy industry partnership proposals. 
Part M also directs the Department of Economic and Community Development to 
analyze and report to the Legislature on barriers to participation in the green energy 
economy by businesses owned by women, minorities and other target populations. 
Part M directs the Department of Labor and the Department of, Economic and 
COmrriunity Development in carrying out their duties under the Green Energy Job Growth 
Initiative and Part D of the bill to consider approaches taken in Oregon and Washington. 
Part .M also includes an application provlSlon grandfathering certain already-
approved construction projects of the State, counties, municipalities and schools from the 
new efficiency standards established under the bill. 
Part M provides that it is the Legislature's intent that various specific programs now 
administered by various agencies be administered by Efficiency Maine or coordinated 
with its efforts. 
Part M provides for the transfer of all of the Public Utilities Commission's Efficiency 
Maine program assets, fund and contracts to the new Efficiency Maine entity established 
under the bill. 
Part N corrects cross-references. 
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