Resolve, Relating to Federal Stimulus Funds for Energy Programs
Maine Legislature, Session 124, LD 0556

Legislative Document 
No. 556 
H.P.394 
House of Representatives, February 12, 2009 
Resolve, Relating to Federal Stimulus Funds for Energy Programs 
(EMERGENCY) 
Reported by Representative MARTIN of Eagle Lake for the Joint Select Committee on 
Maine's Energy Future pursuant to Joint Order 2009, H.P. 63. 
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1I1.1l!1LC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Where~"s, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, federal legislation providing stimulus funds to the State is expected soon 
to be enacted; and 
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c· 
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Whereas, the State must ensure that such funds designated for critical energy 
purposes are carefully applied in a timely fashion within the parameters established under 
federal law; and·· 
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Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
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Sec. 1. 
Legislative review of expenditures of federal stimulus funds 
relating to energy. Resolved: That, except as otherwise provided in this resolve, a 
state agency or authority may not expend or encumber any temporary increase in federal 
funds received by the State or by the agency or authority pursuant to a federal economic 
stimulus law that are expressly designated for energy-related purposes, referred to in this 
resolve as "energy stimulus funds," w~ether or not such funds are subject to state 
legislative allocation, unless:' 
. 
1. 
In the case of energy stimulus funds subject to state legislative allocation, an 
allocation of those funds has been made. A financial order may not allow the expenditure 
of such funds prior to the enactment of such an allocation; and 
2. In the case of energy stimulus funds not subject to state legislative allocation, 
either legislation authorizing a plan for the use of the funds is enacted or the Legislature 
. -fails "to ad upon a proposed plan submitted in accordance with seCti6n 2 during the 
legislative session in which tHat plan is submitted or during any subsequent session to 
which the legislative instrument allowing for review and action on that proposed plan is 
carried over. 
For purposes of this resolve, "state agency or authority" includes but is not limited to 
the Governor, a state agency, a state department, the Public Utilities Commission and the 
Maine State Housing Authority. For purposes of this resolve, "energy-related purposes" 
includes but. is not limited to purposes relating to energy efficiency or conservation, 
weatherization, fuel assistance, system conversion or augmentation to reduce fossil fuel 
utilization, the development or support of renewable energy resources or energy 
transmission or distribution systems or any other energy-related purposes. For purposes 
of this resolve, "federal economic stimulus law" means the finally enacted version of the 
federal American Recovery and Reinvestment Act of 2009, pending in Congress on 
February 11, 2009, or any successor or substantially similar legislation enacted by 
Congress prior to the repeal of this resolve; and be it further 
Sec. 2. 
Submission of plans for use of new federal funds relating to 
energy. Resolved: That a state agency or authority receiving or expecting to receive 
Page I - 124LR1905(Ol)-1 
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or apply for energy stimulus funds shall, no later than 30 days after the enactment of a 
federal economic stimulus law, submit to the Legislature a proposed plan for the use of 
those funds together with a copy of all relevant federal laws or regulations governing the 
use of the funds and a written description of any discretion permitted in th~ application of 
the funds. 
1. If the energy stimulus funds are subject to state legislative allocation, the state 
agency or authority shall submit the plan and required documents to the Joint Standing 
Committee on Appropriations and Financial Affairs, the Joint Standing Committee on 
Utilities and Energy and the Joint Select Committee on Maine's Energy Future. 
2. If the energy stimulus funds are not subject to state legislative allocation, the state 
agency or authority shall submit 30 copies of the proposed plan ana required documents 
to the Executive Director of the Legislative Council, who shall immediately notify the 
Revisor of Statutes, who shall draft an appropriate legislative instrument to allow for 
legislative review and action upon the proposed plan. The Executive Director of the 
Legislative Council shall provide the copies of the proposed plan and the required 
documents to the committee of the Legislature to which the legislative instrument is 
referred; and be it further 
Sec. 3. Application. Resolved: That the requirements of sections 1 and 2 do not 
apply to any energy stimulus funds that are subject to federal requirements or" conditions 
that are inconsistent with the requirements of this resolve such that the . application of this 
resolve to such funds would materially interfere with the State's receipt of such funds. 
The state agency.or authority that receives or expects to receive or apply for energy 
stimulus funds subject to such federal requirements or conditions shall submit no later 
than 30 days after the enactment of a federal economic stimulus law a report to the Joint 
Standing Committee on Appropriations and Financial Affairs, the Joint Standing 
Committee on Utilities and Energy and the Joint Select Committee on Maine's Energy 
Future that identifies such funds, the relevant federal requirements or conditions and the 
applicable inconsistencies; and be it further 
Sec. 4. Repeal. Resolved: Thatthis resolve is repealed June 17,2009. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve, reported by the Joint Select Committee on Maine's Energy Future 
pursuant to Joint Order 2009, H.P. 63, provides for legislative review and approval of 
state spending of expected federal economic stimulus funds designated for energy 
purposes. 
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(See attached) 
Fiscal Detail and Notes 
Approved: 02/11109 MaC!-
124tb MAINE LEGISLATURE 
LD S )'0 
LR 1905(01) 
. Resolve, Relating to Federal Stimulus Funds for Energy Programs 
Fiscal Note for Original Bill 
Committee: Joint Select Committee on Maine's Energy, Future 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact 
This bill requires legislative review and approval of expenditures proposed to be made from certain federal economic 
stimulus funds designated for energy purposes. Although the purposes for which the funds are spent may be altered as 
a result of this legislation, the amount received and expended will not be impacted. 
LRI905(01) - Fiscal Note - Page 1 of 1 
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