An Act R.egarding Energy Independence
Maine Legislature, Session 124, LD 1201
Sponsors: MARTIN, MITCHELL, BERRY, FITTS, FLETCHER, BARTLETT, HOBBINS, SMITH
Amends: 5 MRSA §3327, 5 MRSA §12004-G, 35-A MRSA §3211-A, 5 MRSA §949, 30-A MRSA §4741, 2 MRSA §9, 5 MRSA §282

MAINE STATE LEGISLATURE 
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A.UG1JSTA, MAINE 
124til MAINE· LEGISLATURE 
Legislative Document 
No. 1201 
H.P.826 
House of Representatives, March 26,2009 
. An Act R.egarding Energy Independence 
(EMERGENCY) 
Reference to the Joint Select Committee on Maine's Energy Future suggested and ordered 
printed. 
!7/d~ /h.17/t2C~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MARTIN of Eagle Lake. (GOVERNOR'S BILL) 
Cosponsored by President MITCHELL of Kennebec and 
. Representatives: BERRY of Bowdoinham, FITTS of Pittsfield, FLETCHER of Winslow, 
HINCK ofPOliland," Senators: BARTLETT ofCumberlarld, HOBBINS of York, SMITH of 
Piscataquis. 
Printcl.ron rccycktl paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the State has become increasingly dependent on unreliable, insecure and 
expensive fossil fuels., natural gas and propane; and burning these fuels is contributing to 
pollution and climate change; and 
Whereas, investing in energy efficiency and renewable sources ·of energy can result 
in significant and achievable savings for residents and businesses, can create new green 
jobs, can reduce carbon emissions, can slow climate change and can put millions of 
dollars back into the state economy through heating fuel and electricity savings; and 
Whereas, energy consumers are seeking savings in all the. energy they use and need 
a central entity to which they can tum to meet their energy-related needs; and 
Whereas, residents and businesses could save over nine billion dollars through 
weatherization of all existing buildings; and 
Whereas, a central independent entity that is authorized to administer all fuel energy 
efficiency and renewable energy initiatives will result in programs that are well 
coordinated, effective in achieving energy and cm'bon savings and easily accessible to 
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consumers and that will create jobs and stimulate the state economy; and 
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Wherea~, it is critically important to enact legislation immediately to accomplish 
these goals; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRSA §3327, as amended by PL 2007, c. 656, Pt. C, §§3 to 5, is 
repealed. 
Sec. A-2. 5 MRSA §12004-G, sub-§13-F, as enacted by PL 2007, c. 317, §1, is 
repealed. 
Sec. A-3. 35-A MRSA §3211-A, as amended by PL 2007, c. 3h, §§3 to 13, is 
repealed. 
Sec. A-4. 35-A MRS A §3211-C, as amended by PL 2007, c. 493, §§ 1 to 3 and c . 
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661, Pt. D, § 1, is repealed. 
Sec. A-5. 35-A MRS A §4711, as enacted by PL 2005, c. 110, § 1, is repealed. 
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Sec. A-6. 35-A MRSA c. 95, as amenc;led, is repealed. 
Sec. A-7. Effective date. This Parttakes·effect July 1, 2010. 
PARTB 
Sec. B-1. 5 MRS A §949, sub-§l,~,as amended by PL 2007, c. 482, ~" is 
further amended to read: 
D. 
Director of Technical Analysis; and. 
Sec. B-2. 5 MRSA §949, sub-§1, ~-1, as enacted by PL 2007, c. 482, §4, is 
repealed. 
Sec. B-3. 5 MRSA §12004-G,sub-§10-C is enacted to read: 
to-C. 
Energy 
Efficiency Maine 
Plus Council 
Expenses Only for 
Public Members 
Sec. B:..4. 10 MRS A c; 1005 is ~nacted to read: 
CHAPTER t 005 . 
MAINE ENERGY INDEPENDENCE ACT 
§9301. Short title 
MRS A §9303 
This chapter may be known and cited as "the Maine Energy Independence Act." 
§9302. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
. 
1. Administrative costs. "Administrative costs" means costs of Efficiency Maine 
Plus in carrying out its responsibilities under this chapter, including, but not limited to, 
costs of: 
A. Program planning, implementation and evaluation; 
B. Securing necessary expertise; 
C. Contracting for program delivery;· and 
D. Monitoring and enforcing contractual obligations .. 
2. 
Administration fund. 
"Administration fund" means the administration fund 
established by the council pursuant to section 9304. 
3. Carbon dioxide allowance. "Carbon dioxide allowance" has the same meaning 
as in Title 38, section 580-A, subsection 2. 
4. Council. "Council" means the Efficiency Maine Plus Coundl established under 
section 9303. 
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5. Director. "Director" means the director of Efficiency Maine Plus. 
6. Efficiencv Maine Plus. "Efficiency Maine PlusH means the independent energy 
efficiency and rencwable energy authority established in section 9303, subsection 1. 
7. Electricity conservation fund. "Electricity conservation fund" means the fund 
established by Efficiency Maine Plus pursuant to section 9307. 
8. 
Electricity conservation fund program. 
"Electricity conservation fund 
program" means a program developed by Efficiency Maine Plus pursuant to section 9307 
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and funded by the conservation fund. 
9. Energy and carbon savings fund. "Energy and carbon savings fund" means the 
fund established by the council pursuant to section 9308. 
10. Forward capacity market. "Forward capacity market" means the program 
established by the regional trnnsmlsSloo organization that is in effect on the effective date 
. of this subsection and compensates providers of electrical capacity with payments for the 
availability or reduction of capacity as determined· byihe regimral transrrrissro'lill 
organization. 
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11. Program funds. "Program funds" means any of the funds established pursuant 
to this chapter, ·other than the administration fund, to fund Efficiency Maine Plus 
programs. 
12. Quadrennial plan. "Quadrennial plan" means the quadrennial energy efficiency 
and conservation plan developed pursuant to section 9305. 
13. Regional transmission organization. "Regional transmission organization" 
means the independent systems operator that administers and oversees the wholesale 
electricity markets in which the State participates. 
14. Service provider. "Service provider" means a public or private provider of 
energy conservation or other energy program services or an entity selected by the council 
to contract with such providers or to otherwise arrange for the delivery of conservation or 
other energy programs. 
15. Trade association aggregator. "Trade association aggregator" means an entity 
that gathers individual members of a trade association together for the purpose of 
receiving electrical efficiency services or bidding on electrical efficiency contracts. 
§9303. Efficiency Maine Plus 
1. Establishment. Efficiency Maine Plus is established as an independent energy 
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efficiency and renewable energy authority and is a public body corporate and politic and 
an instrumentality of the State. Efficiency Maine Plus shall plan, develop and implement 
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energy conservation .and efficiency programs, building weatherization programs, 
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programs to reduce carbon emissions, programs to promote renewable sources of energy 
and other energy-related' programs as specified in this' chapter. Efficiency Maine Plus 
shall plan, develop, coordinate and implement energy efficiency and renewable energy 
programs to meet the following goals: 
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A. 
Reduce greenhouse gas emissions to 10% below 1990 levels by 2020, as 
establIshed by the state climate action plan under Title 38, section577; 
B. Weatherize 100% of Maine residences and 50% of Maine businesses by 2030; 
C. Reduce peak-load electric energy consumption by 100 megawatts by 2020; and 
D. 
Increase new jobs and business development to deliver energy efficiency and 
renewable energy products and services. ' 
2. Director; staff. The Governor shall appoint a director of Efficiency Maine Plus, 
subject to confirmation by the Senate. The director must be a person q~alified by training 
and experience to perform the duties of the office. 
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A. The director serves on a full-time basis for a 4-year term of office, and until a 
successor has been appointed and qualified. The Governor shall establish the rate and 
amount of compensation of the director. 
B. The powers and duties of Efficiency Maine Plus are vested solely in the director. 
The director or a representative shall attend all meetings of the council. 
C. The director may act in all personnel matters and may employ technical or legal 
experts' and any other officers, agents and employees that the director requires and 
shall detennine their qualifications, duties and compensation. The' director may_ 
delegate to the employees and agents any powers and duties that the director 
considers proper'. 
3. 
Efficiency Maine Plus Council. 
The Efficiency. Maine Plus Council, as 
established in Title 5, section 12004-G, subsection 10-C, is created to develop, plan, 
coordinate and evaluate ,Efficiency Maine Plus programs, in order to slow climate change, 
reduce dependence on foreign oil and stimulate the economy by reducing energy use and 
carbon emissions and promoting renewable, sources of energy. 
The council shall 
establish programs to serve all energy consumers, including residential, nonprofit, 
business, commercial, industrial and public entity consumers. 
4. Council duties and authority. The council shall establish and revise programs 
according to the goals and objectives in the quadrennial plan, approve program budgets 
, and adopt protocols for evaluating program outcomes .. The council: 
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A. 
May detemrine the types of services and the extent to which program 
adininistration and implementation may be delivered by independent contractors; 
B. Shall provide uniform, integrated planning, program design and administration of 
the programs established under this chapter; 
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C. Shall ensure that funds are expended for uses consistent with the state or federal 
authorities that created the funds and in a manner that ensures that: 
(1) Processes for participation and program design are targeted to serve the 
multiple needs of energy consumers in this State; 
(2) The effectiveness of programs is maximized by increasing and centralizing 
expertise, adqressing conflicts of interest, mitigating the influence of politics, 
promoting flexible, nimble program management and providing a champion for 
funding cost-effective energy efficiency; 
(3.) The efficiency with which programs are planned, designed, overseen and 
delivered is maximized; and 
(4) 
Sufficient checks and balances are provided to ensure consistericy with 
public policy and accountability for meeting the principles set out .in 
subparagraphs (1) to (3) so that energy efficiency programs in the State are 
sustainable for the long term; 
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D. 
Shall develop quantifiable measures of performance to which it will be held. 
accountable to the Governor and the joint standing committee of the Legislature 
having jurisdiction over utilities and energy matters. Measures of perfonilance must 
be· negotiated between the council and the Governor and the joint standing 
committee. Measures must be established for a 4-year period, with revisions 
.allowable by mutual agreement. The council shall also develop quantifiable measures 
of performance to, which it will hold accountable all recipients of funding from the 
council and recipients of funds used to deliver energy efficiency and weatherization 
programs that are incorporated in the quadrennial plan and approved by the council. 
Such measures may include, but are not limited to, reduced energy consumption, 
reduced capacity demand for natural gas and electricity, reduced energy· costs, 
reduced· carbon dioxide emissions, program and overhead costs and cost-
effectiveness, the number of new jobs created, the number of energy efficiency 
trainings or certification courses completed and the amount of sales generated; 
E. May make recommendations to the Governor, the Legislature and other public 
officials regarding energy efficiency, weatherization and renewable energy programs; 
F. 
Si1all coordinate energy efficiency and weatherization programs and carbon 
savings and renewable energy programs mllong the agencies that have responsibilities 
for these activities, in accordance with Title 2, section 9 and in such a way that these 
programs are complementary and that consumers can easily access programs from a 
single source; 
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G. 
Shall consult with the Maine State Housing Authority on 'matters of mutual 
'35 
interest that may include low-income energy conservation and assistance programs, 
building weatherization programs, relationships with financial partners, use of 
databases to capture energy and carbon savings and training of energy auditors and 
weatherization contractors; and 
H. May establish technical advisory groups as needed for the purposes of gathering 
technical knowledge on any aspect of energy conservation or policy. 
5. Composition of council; chair; terms. The council is composed of the following 
voting members appointed by the Governor and approved by the Senate: 
A. The chair of the Public Utilities Commission; 
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B. The directo~ ofthe Governor's Office of Energy Independence and Security; 
C. The director of Maine State Housing Authority; 
D. A representative of commerclal energy consumers; 
E. A representative of industrial energy consumers; 
F. A representative of small business energy consumers; 
G. A representative of residenti~ll energy consumers; and 
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H. Two members who possess knowledge of energy conservation fund programs, 
carbon reduction pro€!Jams, energy efficiency or climate change policy or substantial 
mariagement expertise .. 
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The director of the Governor's Office of Energy Independence and Security shall serve as 
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the chair of the council. 
Members of the council serve 3-year terms. 
6. Meetings; voting. The council may meet as many times as necessary to carry out 
its responsibilities. An affirmative vote of 5 members is required for any action of the 
council. 
16. 
§9304. Program funding; administrationftind 
1. Program funding. The councilor Efficiency Maine Plus may 'apply for' and 
' receive grants from state, federal and private sources for deposit into appropriate program 
funds. The councilor Efficiency Maine Plus also may deposit in appropriate program 
funds any grants or other funds received by or from any entity with which the council or 
Efficiency Maine Plus has an agreement or contract pursuant to this chapter if the council 
determines that receipt of those funds is consistent with the purposes of this chapter'. 
2. Administration fund. Efficiency Maine Plus shall establish an administration 
fund to be used solely to defray administrative costs. 
Efficiency Maine Plus may 
annually deposit funds pursuant to this chapter into' the administration fund up' to a 
maximum in any fiscal year of 10% of all revenues received to- fund Efficiency Maine 
Plus. 
Any interest, on funds in the administration' fund must be credited to the 
administration fund and any funds unspent in: any fiscal year must either remain in the 
administration fund to be used, to defray administrative costs or be transferred to program 
funds. 
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§9305. Quadrennial' energy efficiency and conservation plan 
321. Development. The council shall develop a quadrennial energy efficiency and 
conservation plan, referred to in tius section as "the plan." The plan must be designed to 
address the needs of all customer classes under subsection 2 in the public interest and be 
. coordinated with the comprehensive state energy plan pursuant to Title 2, section 9, 
subsection 3, paragraph C. The plan must outline strategies and goals to achieve the 
obiectives set forth in section 9303, subsection 1. 
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2. 'Plan. 
The plan shan address energy efficiency measures' for an fuels and the 
needs of all customer classes, including, but not limited to, residential, commercial, 
industrial, business, not-for-profit and public consumers of energy. The plan must provide 
integrated planning, program design' and implementation strategies for each program 
established in this chapter. The plan must include: 
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A. Measurable energy efficiency goals that are supported by the priorities and the 
level of funding established in the plan; 
B. A general prioritization of energy efficiency and conservation fund programs and 
markets to be served for the 4-year period; 
C. Projected funding levels for the 4-year period and a clear accounting of how funds 
from revenue sources identified in this chapter will be deployed; 
D. Program strategies that integrate energy conservation related to electricity, natural 
gas and home heating fuels with renewable or efficient energy production 
technologies; and 
E. Activities ,or initiatives that promote the use of renewable energy such as wind, 
geothermal and solar power. 
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3. Public bearing. 
The council shall hold at least one public hearing and invite, 
accept, review and consider comments and suggestions from interested parties prior to , 
adopting or substantially revising the plan. 
4. 
Plan updates. 
The council shall update the plan to reflect any significant 
changes in the comprehensive state energy plan submitted pursuant to Title 2, section 9, 
subsection 3, paragraph C and may update the plan more frequently than quadrennially if 
the council considers it necessary. 
5. Plan adoption and presentation. The first plan must be developed and adopted 
on or after July 1, 2010. The plan and any plan updates must be presented within 60 days 
of adoption to the Governor and the joint standing committee of the Legislature having 
jurisdiction over energy Ipatters. 
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§9306. Rulemaking 
, The council may adopt rules as necessary to administer this chapter. These rules may 
include: 
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1. Expenditure. Provisions for the expenditure of funds, including, but not limited 
to, the development of program budgets, criteria, procedures and standards for energy 
efficiency and renewable energy programs and other consumer benefit programs, the 
process for project selection and approval, minimum requirements for project monitoring 
and verification and the cost-effectiveness tests to be used for measuring and comparing 
program benefits and costs; 
2. Evaluation. Provisions for the independent evaluation of program expenditures 
to ensure cost-effectiveness of projects to improve energy efficiency or to reduce 
'greenhouse gases; and 
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3. Standards. Provisions for establishing standards for training and certification of 
energy auditors, weatherization technicians and contractors and solar and wind energy 
system installers. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
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§9307. Electricity conservation fund program 
1. Programs. Efficiency Maine Plus shall establish an electricity conservation fund 
program to help reduce energy costs for electricity consumers in the State by the 
maximum amount possible. The electricity conservation fund program established by 
Efficiency Maine Plus must be consistent with the quadrennial plan and be cost-effective, 
as defined by the council by rule. In defining "cost-effective," the council may consider 
the extent to which a program promotes sustainable economic development or reduces 
envirorunental damage to the extent the council can quantify or otherwise reasonably 
identify such effects. The council shall seek to establish the delivery of the electricity 
conservation fund program in all regions of the State on an equitable basis and to citizens 
at all income levels. 
A. 
Efficiency Maine Plus shall consider, without limitation, an electricity 
conservation fund program that: 
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(1) Reduces the· price of electricity over time for all consumers by achieving 
reductions in demand for electricity during peak use periods; 
(2) 
Reduces total energy costs for electricity. consumers in the State by 
increasing the efficiency with which electricity is consumed; 
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(3) 
Increases consumer awareness of cost-effective options for conserving 
energy; 
(4) Creates more favorable market conditions for the increased use of efficient 
products and services; and 
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(5) 
Promotes sustainable economic development and reduced envirorunental 
damage. 
B. 
Efficiency Maine Plus with regard to the assessment imposed by the Public 
Utilitie~ Corrunission under Title 35:A, section 10101 shall: 
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(1) 
Target at least 20% of funds to programs for low-income residential 
consumers, as defined by the council by mle; 
(2) Target at least 20% of funds to programs for ·s111all business consumers, as 
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defined by the council by rule; and 
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(3) 
To the greatest extent practicable, apportion remammg funds among 
customer groups and geographic areas in a maruler that allows all other customers 
to have a reasonable opportunity to participate in the electricity conservation ftmd 
program. 
. C. EffiCiency Maine Plus shall hold at least one public hearing and invite, accept, 
review and consider comments and suggestions from interested parties prior to 
substantially revising the electricity conservation fund program. 
D. 
In developing and administering the electricity. conservation fund program, 
Efficiency Maine Plus shall monitor conservation plamling and program development 
activities in the northeast region of the United States and in the United States. 
E. The director shall monitor and evaluate the delivery of the electricity conservation 
fund program by service providers and assess the cost-effectiveness of the program in 
meeting the objectives and overall strategy established by the council and shall report 
results of monitoring and evahlation to the council. 
. F. Efficiency Maine Plus shall coordinate its efforts with other agencies of the State 
with energy-related responsibilities. Efficiency Maine Plus may coordinate its efforts 
under this section with similar efforts in other states of the United States and enter 
into agreements with public agencies or other entities in or outside of the State for 
joint or cooperative energy conservation planning or conservation fund program 
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delivery, if such coordination or agreements would provide demonstrable benefits to 
citizens of the State and be consistent with this section, the electricity conservation 
fund program and the objectives and overall strategy for the electricity conservation 
fund program. 
G. Efficiency Maine Plus shall establish or approve an energy efficiency training and 
certification program for facility managers and shall encourage facility managers to 
complete the program. To the extent Efficiency Maine Plus determines necessary and 
appropriate to meet the goals of this paragraph, Efficiency Maine Plus may establish 
incentive mechanisrris to encourage participation in this program. For purposes of this 
paragfaph, "facility managers" means persons who are responsible for the design or 
operation of facilities or the heating, lighting, ventilation or air conditioning systems 
ot equipment used in such facilities. 
2. Implementation. Efficiency Maine Plus shall secure sufficient technical and 
administrative expertise to carry out its responsibilities pursuant to this section by 
contracting with appropriate entities with relevant expertise and experience; establishing 
one or more advisory groups composed of persons with relevant expertise and 
experience; or any other reasonable means. Efficiency Maine Plus may arrange the 
delivery of the electricity conservation fund program by contracting with service 
providers. Efficiency Maine Plus shall select service providers in accordance· with this 
suosection .. 
A. The council may adopt rules establishing procedures governing the selection of 
service providers under this chapter. The council shall consult with the State 
Purchasing Agent in developing the rules. 
B. To the extent practicable, Efficiency Maine Plus shall encourage the development 
of resources, infrastructure and skills within the State by giving preference to in-state 
service providers. 
C. Notwithstanding paragraph A: 
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(1) 
Efficiency Maine Plus may select service providers for the electricity 
conservation fund program without employing a competitive bidding process if it 
finds that the selection of service providers will promote the efficient and 
effective delivery of the electricity conservation fund program and is consistent 
. with the objectives and overall strategy of the electricity conservation fund 
program; 
(2) For the delivery of the electricity conservation fund program to 10w-iwJme 
residential consumers, Efficiency Maine Plus, 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 and the network of for-profit and not-for-profit 
entities who have held contracts with trans!!lission and distribution utilities to 
deliver conservation services to low-income and residential customers; and 
(3) A trade association aggregator is eligible to participate in competitive bid 
processes under this subsection. 
3. Fund. Efficiency Maine Plus shall establish an electricity conservation fund to 
. carry out the purposes of this section. 
4. Effective date. This section takes effect July 1, 2010. 
§9308. Energy and carbon savings fund program 
1. Establishment of fund. The energy and carbon savings fund is established to 
support the goals and implementation of the carbon dioxide cap-and-trade program 
established under Title 38, section 580-B. The fund is established as a nonlapsing fund 
administered by the council for the purposes established in this seCtion. The council is 
authorized to receive and shall deposit in the fund in accordance with this section revenue 
resulting from the sale of carbon dioxide allowances, pursuant to Title 38, section 580-B, 
and any forward capacity market or other capacity payments from the regional 
transmissioil organization that may be attributable to projects funded by the energy and 
carbon savings fund. The fund may not be used for any other purpose, and money in the 
fund is considered to be held in trust for the purposes of benefiting consumers. 
.. Funds held in trust. All funds deposited into the energy and carbon savings fund 
. pursuant to. this section are collected under the authority and for the purposes of this 
section and are deemed to be held in trust for the purposes of benefiting energy 
consumers. 
3. 
Money invested. 
Any revenue received from the sale of carbon dioxide 
allowances, pursuant to Title 38, section 580-B, and any forward capacity market 
payments administered by the regional transmission organization or other capacity 
payments that may be attributable to projects funded from the energy and carbon savings 
fund must be deposited in the energy and carbon savings fund. ·Any interest earned on . 
funds must be credited to the energy and carbon savings fund. The State may not assess 
any indirect charges on any revenue received from the sale of carbon dioxide allowances 
pursuant to this section. 
4. 
Ceiling on energy efficiency spending. A ceiling is established on energy 
efficiency spending from the energy and carbon savings fund equal to $5 per carbon 
dioxide allowance. Until that price ceiling is adjusted or removed, only the first $5 of 
each carbon dioxide allowance sold and deposited in the energy and carbon savings fund 
may be' awarded to or directed to qualified projects for purposes of energy efficiency 
improvements. While the ceiling is in place, revenue received from an allowance value 
above $5 must :be transferred to the Public Utilities Commission for use by the Public 
Utilities Commission pursuant to Title 35-A, sections 301 and 1322 for rebates to electric 
ratepayers calculated on a per-kilowatt-hour basis. 
5. 
Administration of fund; expenditures; projects. 
The energy and carbon 
savings fund must be administered by the council in accordanc'e with this subsection. 
A. The energy and carbon savings fund must be administered and expenditures 
authorized by-the council. 
B. ' During the years 2009, 2010 and 20i 1. not less than 85% of the energy and 
car15onsavin:gsfilrrd-rhITst-TJe-af1ucated'-f'OT'1IIeasures" investments and arrangements 
that reduce electricity consumption, and not more than 15'% must be allocated for 
fossil fuel conservation measures, investments- and arrangements. Subject to the 
apportionment between fossil fuel and electricity conservation pursuant to this 
subsection, the council shall fund conservation fund programs that give priority to 
measures with the highest benefit-to-cost ratio, as long as cost-effective collateral 
efficiency opportunities are not lost, and that: 
:(1) Reliably reduce greenhouse gas production by fossil fuel combustion in the 
State at the lowest cost in funds per unit of emissions; or 
(2) Reliably reduce the consumption of electricity in the State at the lowest cost 
in funds per kilowatt-hour saved. 
C. Expenditures from the energy and carbon savings fund relating to conservation of 
electricity and mitigation or reduction of greenhouse gas-es must be made 
predominantly on the basis of a competitive bid process for long-term contracts, 
subject to rules adopted by the council. Rules adopted to implement the competitive 
bid process under this paragraph may not include an avoided cost methodology for 
compensating successful bidders. 
Bidders may propose contracts designed to 
produce greenhouse gas savings or electricity conservation savings, or both, on a unit 
cost basis. Contracts must be commercially reasonable and may require liquidated 
damages to ensure performance. 
Contracts must provide sufficient certainty of 
payment to enable commercial financing of the conservation measure purchased and 
its installation. 
D. The council may target bid competitions in areas or to participants as it considers 
necessary, as long as the requirements of paragraph B are satisfied., 
E. Nonelectric savings programs must be used to maximize fossil-fueled energy 
efficiency and conservation and associated greenhouse gas reductions, subject to the. 
apportionment between fossil fuel and electricity conservation set forth in paragraph 
B. 
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F. The size of a project funded from the energy and carbon savings fund is not 
limited as long as funds are awarded to maximize energy efficiency and support 
greenhouse gas reductions 'and to fully implement the quadrennial plan. 
G. No more than 10% of energy and carbon savings fund receipts in anyone year 
may be used for the total of: 
0) Administrative costs of Efficiency Maine Plus in implementing this secticg' 
(2) 
Administrative costs of the Department of Environmental Protection for 
participating in the regional organization as defined in Title 38, section 580-A, 
subsection' 20 and for administering the allowance auction under Title 38, chapter, 
3-B: and 
(3) Administrative costs of the Attorney General, including activities pertaining 
to the tracking and monitoring of allowance trading activity and managing and " 
evaluating the energy and carbon savi!lgs fund funding of conservation fund 
programs. 
H. 
A trade association aggregator is eligible to participate in competitive bid 
,processes under this subsection. 
I. Energy and carbon savings fund receipts may fund research approved by the 
Department of Environmental Protection in 'an amount of up to $100,000 per year to 
develop new categories for carbon dioxide emissions offset projects, as defined in 
Title 38, section 580-A, subsection 6, that are located in the State. Expenditures on 
research pursuant to this, paragraph are not considered administrative costs under 
paragraph G. 
6. Effective date. This section takes effect July 1, 2010. 
§9309. Natural gas conservation program 
1. 
Program established. 
In accordance with the goals and objectives of the 
quadrennial plan,' the council shall establish a cost-effective conservation program to 
promote the efficient use of natural, gas. Each natural gas utility in the State shall 
contribute data and other relevant infonnation to assist' in the development of the 
program. In detennining whether the program is cost-effective, the council may consider 
whether it promotes sustainable economic development or reduces greenhouse gas 
emissions to the extent the council can quantify or otherwise reasonably identify such 
effects. 
The council shall seek to encourage efficiency in natural gas use, provide 
incentives for the development of new, energy-efficient business activity in the State and 
take into account the cost and benefits of energy efficiency and conservation to existing 
business activity in the State. 
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A, The council shall consider, without limitation, a natural gas conservation program 
that: 
(1) 
Increases consumer awareness of cost-effective options for conserving 
energy; , 
(2) Creates more favorable market conditions for the increased use of efficient 
products and services; and 
(3) 
Promotes sustainable economic development and reduced environmental 
damage. 
B. The council shall apportion available funds such that: . 
4. 
(n A reasonable percentage of the available funds is directed to programs for 
low-income residential consumers, as defined by the council. The council shall 
establish the percentage based on an assessment of the 'opportunity for cost-
effective conservation measures for such consumers, including an assessment of 
, the number of low-income residential consumers that may be eligible for such 
programs; 
(2) A reasonable percentage of the available funds is directed to programs for 
small business consumers, as defined by the council. The council shall establish 
the percentage based on an assessment of the opportunity for cost-effective 
conservation measures for such consumers. In defining "small business" for the 
purposes of this subparagraph, the, council shall consider definitions of that tenn 
used for other programs in this State that assist small businesses; and 
(3) 
To the greatest extent practicable, the remaining available funds are 
apportioned in a manner that allows all other consumers to have a reasonable 
opportunity to participate in one or more conservation'programs. 
2. Funding level. Efficiency Maine Plus shall establish a natural gas conservation 
' fund to carry out the purposes of this section. 
3. Rules. The council may adopt rules necessary to implement this section, Rules 
adopted under this subsection are routine technical rules as defined in Title 5, chapter 
23. 
375, subchapter 2-A. 
4. Effective date. This section takes effectJuly 1, 2010. 
. §9310. Solar and wind energy rebate program' 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
' 
A. "Qualified solar energy system" means a solar photovoltaic system or a solar 
thermal system. 
B. "Qualified solar thermal water system installer" means a person who has been 
certified by the council to install solar thermal systems designed to heat water and 
who holds a current license from the State as a master plumber, as a master oil burner 
technician or as a propane and natural gas technician or has been certified as a type II, 
type III or universal heating, ventilation and air conditioning refrigeration technician 
through a certification program approved by the United States Environm~ntal 
Protection Agency. 
C. 
"Qualified wind energy system" means any device, SHch as a wind charger, 
. windmill or wind turbine and associated facilities, with a peak generating capacity of 
kilowatts or less that converts wind energy to electrical energy for use primarily 
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in a residence, public facility or place" of business that is located in an area with" 
demonstrated wind power potentiaL" 
D. "Solar photovoltaic system" means a solar energy device with a peak generating 
capacity of 100 kilowatts or less used for generating electricity for use in a residence 
or place of business. 
E. "Solar thermal system" means a configuration of solar collectors and a pump, heat 
exchanger and storage tanle or fans designed to heat water or air for the purplJ"e of 
space heating, domestic water heating or both space and domestic water heating. 
Solar thermal system types include forced circulation, integral collector storage, 
thermo syphon and self-pumping systems. 
" 
2. Solar and wind energy rebate program. To the extent that funds are available 
'in the fund established in Title 35-A, section 10103 and the requirements of subsection 3 
are satisfied, an owner or tenant of residential or commercial property located in the State" 
is entitled-to a rebate for a qualified solar energy system that is installed in accordance 
with this subsection after July 1, 2005 that will be connected to the electrical grid or a 
qualified wind energy system that is installed in accordance with this subsection after 
January 1, 2009 that will be cortnected to the electrical grid. The council shall set rebate 
levels for qualified solar energy systems and qualified" wind energy systems. In setting 
rebate levels, the council may consider market demand for qualified solar energy systems 
and qualified wind energy systems, program implementatiOn experience and other factors 
relevant to the solar and wind energy rebate program. 
A. To qualify for a rebate, a solar photovoltaic system must be installed by a master 
electrician who has been certified by a North American board of certified energy 
practitioners or by a master electrician working in conjunction with a person who has 
been certified by.a North American board of certified energy practitioners. 
B. To qualify for a rebate, a solar thermal system designed to heat water must be 
installed by a qualified solar thermal water system installer and, if the solar thermal 
system" is designed to heat potable water, it must be installed bya qualified solar 
thermal water system installer who holds a current license as a master plumber or by 
a qualified solar thermal water system installer working in conjunction wi!h"n master 
plumber. 
C. To qualify for a rebate, the electrical components of a qualified wind energy 
system must be inst~tlled by a master electrician or by a factory trained and approved 
dealer for the qualified wind energy system working under the supervision of a 
master electrician. 
In the case of a newly constructed residence, the rebate must be available to the original 
owner or occupant. 
3; Energy audit requirement;" solar pbotovoltaic system. To qualify for a rebate" 
for a solar photo voltaic system. under this section, an owner or tenant of residential or 
commercial property located in the State must demonstrate to the satisfaction of 
Efficiency Maine Plus that an energy audit has been completed. 
4. Limitation to residents of State. Participation in the solar and wind energy 
rebate program established iIi. this section is limited to residents of the State. 
"4 
5. Effective date. This section takes effect July 1, 2010. 
6. Repeal. This section is repealed December 31, 2010. 
§9311.Training for installers of solar equipment 
1. 
I~stallation training .. To the extent that funds and resources allow, the council 
shall establish training programs for installers of solar equipment that most effectively 
meet the needs of the public. The council: 
- A. May develop separate programs for different solar .teohnologies or applications 
when the council det~rmines that the skills or training for the installation of those 
technologies or applications merit the distinction; 
B. Shall confer with the Plumbers' Examining Board and the Electricians' Examining 
Board when it develops the course content and requirements; 
C. 
Shall determine the content of the training, the hours required for course 
completion and the manner in which applicants must demonstrate proficiency in solar 
equipment installation; 
. 
D. Shall issue a certificate of completion to individuals who meet the requirements 
the councIl has established! 
E. May establish reasonable course fees. All fees must be paid to the Treasurer of 
State to be used by the counciJ forthe purposes of this section; 
F. Shall determine terms for the expiration and renewal of an applicant's certificate. 
of completion; and 
G. Shall determine an appropriate means of maintaining recognition of the training 
received by persons holding certificates issued pursuant to former Title 32, chapter 87· 
or under former Title 35-A, section 10002. 
2. 
Qualifications for installing solar equipment. A certificate of completion 
issued by the council pursuant to subsection 1 does not exempt the holder from any 
applicable licensing requirements for activities involved in installing solar equipment, 
including but not limited to licensing requirements established in Title 32, chapter 17 or 
49. 
. 
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3. Effective date. This section takes effectJuly 1, 2010. 
§9312. Training for energy auditors 
1. Auditor training. To the extent that funds and resources allow, the council shall 
set standards for training programs for energy auditors that most 'effectively meet the 
needs of the public and that satisfy the requirements of funding sources. For the purposes 
of this subsection, an energy auditor is a person who is trained to prepare a report that 
delineates the energy consumption characteristics of a buiJding, identifies appropriate 
energy efficiency operations and maintenance procedures and recommends appropriate 
energy efficiency measures. The council: 
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May develop separate programs for audits of different building types' and 
functions when the council determines that the' skills' or training needed to perform 
these audits merit the distinction; 
B. 
Shall determine the content of the training, the hours required for course 
completion and the manner in which applicants must demonstrate proficiency in 
energy auditing;, 
. 
C. Shall issue a certificate of completion to individuals who meet the requirel11ents 
the council has established; 
D. May establish reasonable course fees. All fees must be paid to the Treasurer of 
. 
State to be used by the council for the purposes of this section; 
'II 
E. Shall determine terms for the expiration and renewal of an applicant's certificate 
of completion; 
F. Shall determine an appropriate means of maintaining recognition of the training 
received by persons holding a certification; imd 
G. Shall work with state agenCies and other interested parties to establish standards 
through which energy auditors are certified. 
2. Effective date. This section takes effectJulyl, 2010. 
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§9313. Federal energy Qrograms 
1. Programs. Efficiency Maine Plus shall oversee and administer: 
A. The UIiited States' Department of Energy State Energy Program; and 
B. Other federally funded programs and projects related to Efficiency Maine Plus 
programs. 
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2. Effective date. This section takes effect July 1, 2010. 
§9314. Energy Conservation Small Business Revolving Loan Program 
1. Program and fund. The council shall establish the Energy Conservation Small 
Business Revolving Loan Program, referred to in tillS subsection as "the program;"and 
the Energy Conservation Small Business Revolving Loan 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 
received from the Public Utilities Commission from the assessment on public utilities 
pursuant to Title 35-A, section 10101; principal and interest received from the repayment 
of loans made from the fund; any interest earned 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 council 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 CUlTent obligations of the program must 
be deposited with the Treasurer of State to the credit of the fund account and may be 
invested in such manner as is provided bylaw. Interest received on that investment 
must be credited to the fund account. 
C. At the end of eacl~ fiscal year, all une~cumbered balances in the fund account may 
be camed forward to be used for the purposes specified in this subsection. 
2. Effective date. This section takes effect July 1, 20 I O. 
§9315. Energy efficiency of rental properties 
. 
1. Residential energy efficiency disclosure statement. The council and the Maine 
State Housing Authority shall prepare a residential energy efficiency disclosure statement 
form for landlords and other lessors of residential properties to use to disclose to tenants 
and lessees· information about the energy efficiency of the property in order to comply 
. with Title 14, section 6030-C. The council and the Maine State Housing Authority shall 
post and maintain the statement required by this subsection on the Internet in a format 
that is easily accessible by the pUblic. 
2. 
Suggested energy efficiency standards. 
The council and the Maine State 
Housing Authority shall prepare suggested energy efficiency standards for landlords and 
other lessors of residential property that is used by. the tenant or . lessee as a primary 
residence. The council and the Maine State Housing Authority shall post and maintairi 
the standards required by this· subsection on the Internet in a format that is easily 
accessible by the public. 
3. Effective date. This section takes· effect July 1, 2010. 
§9316. Unregulated Fuels Energy Conservation Program 
1. Funds received. All funds collected from' unregulated fuels -are to be held in a 
separate unregUlated fuels fund for the purposes of energy conservation and to benefit 
consumers of unregulated fuels. In the event funds are not ·expended or contracted for 
expenditure within 2 years of being collected from consumers, the council shall return the 
value of those funds to consumers by appropriate reductions in the assessment collected. 
The council shall design and establish programs to achieve energy conservation goals for 
unregulated fuels as established in and in accordance with the quadrennial plan. 
2. Implementation. To the extent revenues allow, the council may implement and 
monitor programs and measures to increase electric, gas and heating fuel energy 
efficiency, distributed renewable energy production, combined heat and power 
installation and effective load management in this section. 
3. Effective date. This section takes effect July 1, 2010. 
§9317. Building weatherization program 
. 1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
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A. "Authorized provider" means an organization authorized by the council to provide 
services under the program.. 
. 
B. "Program" means the building weatherization program established by the council 
under this section. 
. 
C. "Qualified contractor" means an individual who has met minimum training and 
insurance requirements established by the council. 
D. "Qualified energy auditor" means ~m individual qualified to perfonn energy audits 
as detennined by the council, including persons who arecerlified or. otherwise 
qualified as energy auditors by the Maine State Housing Authority, the commission 
or other entity approved by the council. 
R "Weatherization" means any modifications to a building conducted in accordance 
with the requirements of the program that reduces heat loss through the walls, 
windows, doors, foundation or any other aspect of the building'S envelope. 
2. 
Building weatherization program. 
The council may establish a building 
weatherization program available to middle-income and upper-income homeowners that 
includes at aminimum pre-weatherization energy audits, weatherization services, post-
weatherization audits and financing of the· costs of the energy audits and weatherization 
services. 
A. The goals of the program are to: 
(1) Substantially improve the energy efficiency of and reduce carbon emissions 
from the State's building stock by reducing annual fuel consumption for heating 
and cooling by at least 20% in those buildings that receive weatherization 
services; 
(2) Provide convenient and low-cost weatherization services to homeowners and 
commercial building owners; and 
. 
(3) Meet the objectives of the quadrennial plan of weatherizing all residential 
units and 50% of businesses in the State by 2030 . 
B. Efficiency Maine Plus, through a cooperative agreement with the Maine State 
. Housing Authority, may administer the program . except with respect to 
weatherization of housing for low-income persons, which portion of the program is 
administered by the Maine State Housing Authority. 
Program administration 
includes but is not limited to:· 
. (1) Working with banks and other private partners on program delivery; 
(2) Oversight of data collection and management; 
(3) Quality control of work done by qualified energy auditors and qualified 
contractors; 
(4) Marketing, public outreach, media relations and advertising of the program; 
(5) Customer interface 'through the Internet and on the telephone; 
(6) Establishing customer incentives to maximize participation in the program; 
Page J 8 - 124LR1912(Ol)-1 
(7) Trouble-shooting program: elements and resolving problems; and 
(8) Coordination with other agencies involved in program administration and 
delivery. 
3. Federal funds; other funds. The council may establish a weatherization fund to 
be used solely for the purposes 6fthis section. The council may establish accounts within 
the fund and may receive funds from the following sources: 
A. Federal funds and awards received by the council for the purposes of this section; 
·8 
B. The proceeds of any bonds issued for the purposes of this section; 
C. Principal and interest received from the repayment ofloans made from the fund; 
D .. Any interest earned on investment of fund balances; and 
E. 
Any other funds froin public or private sources received in support of the 
purposes Jor which the fund is established, and any private funds that are loaned or 
. 
granted to building owners by private partners approved by the council, the 
corrunission or the Maine State Housing Authority. 
15. 
The council may annually deposit funds received pursuant to this. section into the 
administration fund, up to a maximum in any fiscal year of 10% of the revenues received 
under this section. 
. Funds in the weatherization fund not spent in any fiscal year do not lapse and remain in 
. 
the fund to be used in accordance with this section. 
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4. Rulemaking. The council may adopt -rules or policie~ to implement this section. 
The rules may include but are not limited to rules that: 
. 
. A. 
Establish an energy-audit-based' program under which priorities for 
weatherization are those recommendations from an energy audit that are cost-
effective and will result in no less than a 20% savings in energy consumed; 
B. 
Establish a minimum 'package of weatherization services to be delivered to 
residents and businesses through a statewide network of authorized providers and 
supported by participating financial institutions; 
C. Establish standards and criteria for a statewide network of authorized providers 
and partnering financial institutions; 
D. Establish standards for qualified' energy auditors and qualified contractors that 
includes certification requirements and professional or commercial liability and 
worker's compensation insurance; 
E. 
Provide for connecting· database. systems for purposes of monitoring the 
performance. of building weatherization through energy audits and capturing the data 
so that the monetary value of energy and carbon savings can be realized; 
F. Establish program parameters or incentives to increase consumer participation in 
the program, based on best available information; 
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G. Provide for the creation and maintenance of a network of financial partners that 
can provide cost-effective financing for the program and establish standards for_ 
financial partners' participation in the program; 
H. Provide for establishing and maintaining relationships with public and private 
partners who can support program administration, publicity, media relations, cost of 
materials and advertising for the program; and 
1. Provide easily accessible outreach and program information to ensure maximum 
participation .. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
§9318. Public information and outreach 
1. General. Efficiency Maine Plus shall provide to the public information about 
renewable energy technologies and energy efficiency practices. In providing public 
information, Efficiency Maine Plus shall· consider: 
-
A. The aspects of renewable energy technologies and energy efficiency practices 
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. Funding. The council may seek federal funding for the purposes of this section 
and, to the extent necessary, may charge reasonable fees to cover the costs of training or 
other services provided pursuant to this section. All. fees must be paid to Efficiency 
Maine Plus and used to'reimburse the council for its expenses in providing the service for 
which the fee is charged. 
. 
3. Effective date. This section takes effect July 1, 2010.' 
§9319. Reporting 
Begil1l1ing in 2012, the council shall report by February 1st of each year to the 
Governor and the joint standing committee of the Legislature having jurisdiction over 
utilities and energy matters. The report must include: 
1. Council actions. A description of actions taken by the council pursuant to this 
chapter, including descriptions of programs implemented during the prior 12 months and 
programs, projects and activities that the council plans to implement during the next 12 
months, a description of how the council determines the cost-effectiveness of each 
program and its assessment of the cost-effectiveness of programs implemented during the 
prior 12 months; 
. 
2. Accounting. An accounting of: 
A. . Funds received from the Public Utilities Commission from assessments made 
pursuant to Title 35-A, chapter 96 and funds received from all other sources; 
B. Total deposits into and expenditures from the program funds during the prior 12 
months and projected deposits into and expenditures from the program funds for the 
next 12 months; 
C. The amount and source of any grants or funds deposited in the program funds 
during the previous 12 months and the projected amount and source of any grants or 
funds for thenext 12 months; and 
D. Total deposits into and expenditures from the administration fund during the prior 
8' 
months and projected deposits into and expenditures from the administration fund 
for the next 12 months; 
. 
. 3. Evaluation. A general evaluation of: 
A. Funding sources and program areas and a recommendation as to whether any 
changes in funding or programming are needed; and 
. B. Customer satisfaction with program delivery; 
4. Performance". A summary of measures of performance pursuant to section 9303, 
subsection 3, paragraph D; and 
5. R.ecommendations. Any recommendations for changes to law relating to energy 
conservation ot renewable energy programs. 
8 
This section takes effect July 1, 2010. 
§9320. Independent analysis of programs 
Beginning July 1, 2010, the council shall arrange for an independent evaluation of 
each major program implemented under this chapter. 
Each major program must be· 
evaluated at least once every 5 years. The evaluation must include an accounting audit of 
the program and an evaluation of the program's effectiveness in meeting the goals of this 
chapter. The evaluations must be conducted by a competent professional with expertise 
in energy efficiency matters, including the management of cost-effectiye energy 
efficiency programs, For purposes of this subsection, "major progra~n" means a program 
with an annual budget of more than $500,000." 
Sec. B-5. 30-A MRSA §4741, sub-§lS,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, energy conservation and fuel 
assistance pursuant to the Weatherization Assistance for Low-income Persons Program 
administered through !he United States Department of Energy and the Low-income Home 
Energy Assistance Program administered through the United States Department of Health 
and Human Services in accordance with rules adopted under the Maine Administrative 
Procedure Act. The Maine State Housing"Authority may consult and coordinate with the 
Efficiency Maine Plus Council on matters of mutual interest that may include building 
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weatherization programs, relationships with financial partners, use of databases to capture 
energy and carbon savings and training of energy auditors and weatherization contractors; 
PARTC 
Sec. C-l. Tasl{ force established. IThe Commissioner of Administrative and 
Financial Services shall establish a task force to advance energy efficlency, conservation 
and independence at state facilities. The members of the task force include: 
1. The Commissioner of Administrative and Financial Services, who serves as chair; 
2. 
The Director of the Governor's Office of Energy Independence and Security 
within the Executive Department or the director's designee; 
3. The Commissioner of Environmental Protection or the commissioner's designee; , 
I 
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4. 
The director of the property management division within the Department of 
Administrative and Financial Services; 
5. TIle chair of the Public Utilities Commission or the chair's' designee; 
6, The Director of the State Planning Office within the Executive Department or the 
director's designee; and,' 
, 
7. Other individuals appointed by the Commissioner of Administrative and Financial 
Services to serve on the task force who have a demonstrated interest in the energy issues 
of the Stat~ from the private,public or nonprofit sector. 
Sec. C-2. Chair to convene task force. The task force shall meet at times and 
places called by the chair. 
The task force may accept staffing, financial and other 
administrative or program support ·from the agencies of State Government or outside 
sources as it determines appropriate to its duties. Members serve without compensation. 
Sec. C-3. Task force responsibilities. The task. force shall examine ways of 
advancing the goals of improving energy efficiency, increasing energy conservation and' 
increasing the energy independence 'of the State by better management of state facilities. 
, The task force shall develop recommendations that, to the extent possible, do not require 
additional state positions or increased appropriations from the General Fund. 
Sec. C-4. Reporting date established. The task force shall report its findings 
and recommendations to the Governor and to the joint standing committe~ of the 
Legislature having jurisdiction over state and local government matters and to the joint 
standing committee of the Legislature having jurisdiction over utilities and energy 
matters no later than December 1, 2009. 
Sec. C-S. Authority to report out legislation. The task force is authorized to 
submit legislation to the Second Regular Session of the 1 24th Legislature. 
PARTD 
Sec. D-l. 2 MRSA §9, as enacted by PL 2007, c. 656, Pt. C, §1, is amended to 
read: 
.4 
§9. Governor's Office of Energy Independence and Security 
1. Office established. The Governor's Office of Energy Independence and Security, 
referred to in this section as "the office," is established in the Executive Department to 
. 
cany out responsibilities of the State relating to energy resources, planning and 
development. The office is direCtly responsible to the Governor. 
2. Director. The office is under the control and supervisiori of the Director of the 
Governor's Office of Energy Independence and Security, referred to in this section as "the 
director." The director is· appointed by the Governor and serves at the pleasure of the 
Governor. 
2-A. Powers. The director may request from Efficiency Maine Phis, established in 
. Title 10, chapter 1005, funding sufficient to carry out the duties required under section 3 
and any other appropriate law. 
3. Duties. The director is responsible for the execution of the duties of the office. 
The director shall: 
A. 
Ch~ir the Energy Resources Efficiency Maine Plus Council, established under 
Title 5, section~12004-G, subsection 10-C; 
38· 
B. In collaboration with the Energy Resources Efficiency Maine Plus Council and 
other relevant state agencies, coordinate state energy policy and actively promote 
interagency coordination of energy programs in coordination with Efficiency Maine 
Plus, established in Title 10, chapter 1005; 
C. 
Prepare In· consultation with Efficiency Maine Plus, established in Title 10, . 
chapter 1005, prepare and submit a comprehensive state energy plan to the Governor 
and the Legislature by January 15,2009 and every 2 years. thereafter; 
C-l. 
By February 1st of each year, prepare arid submit to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters an 
annual report that describes the activities of the office during the previous calendar 
year in carrying out its duties under tIils subsec!ion and describe the State's progress 
. in implementation of the state energy plan prepared pursuant to paragraph C. After 
receipt and review of the annual report required under this paragraph, the joint 
standing committee of the Leg'islature having jurisdiction over utilities and energy' 
matters may submit legislation relating to energy policy. 
D. In collaboration with other relevant state agencies, private industry and nonprofit 
organizations, collect and analyze energy data, including, but not limited to, data on 
energy supply, demand and costs in this State with consideration of all available 
.energy sources; 
E. Coor~inate the dissemination of energy infol1nation to the public and the media; 
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F .. Provide technical assistance and information to the Governor and the Legislature 
regarding the State's short-range and long-range energy needs and the resources to 
meet those needs; 
G. Seek funds and partnerships with public and private sources to support the goals 
of the office, including, but not limited to, promoting energy efficiency, demand-side 
management and distributed generation; 
H. Work with transmission and distribution utilities, state agencies involved in the 
permitting of energy generation facilities and other relevant entities to' negotiate 
agreements that create value for electricity consumers with developers of renewable 
generation who are interested in buildimgrenergy generation facilities or developing or· 
-utilizing energy transmission infrastructure' in tlfris; State. This paragra,plili does not 
authorize the. director to be a, signatory to any such agreement unless that auth0rity is 
otneI'Wise; gnantedJ fuy. ]aw.' .. The' d1rec~or shall report on activities undertaken pursuant 
tw. this pa:ifagrapJiL oy FclJruaF'j t, 2009, and anllUally thereafter; to the joint standing 
coImDittee of the Legislature having jurisdiction over utilities and energy matters; 
1.. Monitor energy transmission capacity planning and policy affecting this State and 
the regulatory approval process forthe development of energy infrastructure pursuant 
. to Title 35-A, section 122 and make recommendations to the Governor and the 
Legislature as necessary for changes to the relevant laws and rules to facilitate energy 
infrastructure plaiming and development; and 
J. Take action as 'necessary to carry out the goals and objectives of the state energy' 
plan prepared pursuant to paragraph C. 
PARTE 
Sec. E-l. Transition. The following provisions apply to the establishment of 
Efficiency Maine Plus pursuant to the Maine Revised Statutes, Title 10, chapter 1005. 
1. Board appointed. By July 1, 2009, the Governor shall appoint the members and 
chair of the Efficiency Maine Plus Council. The Governor shall appoint the director of 
Efficiency Maine Plus no later than October 1, 2009. The council shall establish bylaws 
. no later than December 1, 2009. 
2. Staggered terms. Notwithstanding Title 10, section 9303, subsection 4, in making 
the initial appointments of members to the Efficiency Maine Plus Council pursuant to 
section 9303, subsection 5, paragraphs D to H, theGovernbr shall appoint 3 members to 
serve an initial term of 2 years and 3 members to serve an initial term of 3 years. 
3. Quadrennial plan. The director of Efficiency Maine Plus shall hire or contract 
staff as needed to support the Efficiency Maine Plus Council and to prepare the 
quadrennial plan according to Title 10, section 9305 for Council approval by July 1, 
2010. The Efficiency Maine Plus Council and the director of EffiCiency Maine Plus may 
study existing rules, conduct research, appoint technical advisory groups or hold public 
meetings in preparation for transitioning to the new structure and to support the 
development of the quadrennial'plan. 
4. Interim budget. The director of Efficiency Maine Plus shall prepare a budget for 
the period between October 1, 2009 and July 1, 2010 and submit it to the Efficiency 
Maine Plus Council for approval. The Efficiency Maine Plus Council shall submit the 
approved budget to the commissioners of the Public Utilities Commission, who' shall 
provide full funding for the activities indicated in the budget from the conservation fund 
and the Energy Carbon Savings Trust pursuant to the Maine Revised Statutes, Title 35-A, 
section 1 0008~ Employees employed by EffiCiency Maine Plus between October 1, 2009 
and July 1, 2010 are on the payroll of the Public Utilities Commission until July 1, 2010. 
. 9 
5. Rules. All rules . adopted by the Public Utilities Commission pursuant to Title 
35-A, sections 3211 .. :A~ 3211-C and 4711 and Title 35-A, chapter 95, and rules adopted 
by the Energy arid Carbon Savings· Trust pursuant to Title 35-A, section 10008 are 
deemed to be rules of Efficiency Maine Plus and continue in· effect until amended or 
. 13 
rescinded by Efficiency Maine Plus. 
6. Contracts. All contracts of the Public Utilities Commission entered into pursuant 
to Title 35-A, sections 3211-A and 3211-C and Title 35-A, chapter 95 remain in effect, 
and the commission shall administer those contracts in accordance with the law in effect 
at the time the contracts were entered except as otherwise may be directed by the 
Efficiency Maine Plus Council. Efficiency Maine Plus is the successor to the 
conservation programs managed under the name Efficiency Maine at the Public Utilities 
Commission. Contracts that are in place on July 1, 2010 may be extended for up to 2 
years, subject to the approval of the council, in order to maintain a smooth transition to 
the new program structure. 
7. 
Transfer of funds. 
All accrued expenditures, assets,. liabilities, balances or 
appropriations, allocations, transfers, revenues or other available funds in an account or 
subdivision of an account pertinent to energy efficiency, energy conservation or 
renewable energy programs must be transferred to the· corresponding account in 
Efficiency Maine Plus by July 1,2010. After July 1, 2010, fees that are collected under 
Title 35-A, sections 10101 to 10103 must be transferred to Efficiency Maine Plus on a 
monthly basis. 
8. Program staff and contracting. The director of Efficiency Maine Plus shall hire 
program management staff and contract for services to implement this Act. In hiring and 
contracting, the director shall give preference to state employees and contractors who 
were employed .by the Public Utilities Commission and working on energy efficiency and. 
renewable energy programs as of June 30,2009. 
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9. Employees of the Public Utilities Commission. Employees who were employees 
of the Public Utilities Commission energy efficiency or renewable energy programs on 
June 30, 2009 retain their employee rights, privileges and benefits, including sick leave, 
vacation and seniority, provided under the Civil Service Law or collective bargaining 
agreements, unless they accept employment with Efficiency Maine Plus in which case, 
they will not be state employees and will work under new agreements. For employees 
who are not offered or who do not accept employment at Efficiency Maine Plus, the 
Department of Administrative and Financial Services, Bureau of Human Resources shall 
provide employment assistance. 
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10. Records. All records pertaining to duties ,that are performed by the Public 
Utilities Commission and are transferred to Efficiency Maine Phis effective July 1, 2010 
must be transferred to Efficiency Maine Plus by July 1, 2010. 
11. Property and equipment. All property and equipment pertaining to the duties 
that are performed by the Public Utilities Commission and are transferred to Efficiency 
Maine Plus effective July 1, 2010 must be transferred to Efficiency Maine Plus by July 1, 
2010. 
12. American Recovery and Reinvestment Act. Funds that are allocated to the 
State pursu,ant to the federal American Recovery and Reinvestment Act of 2009, Public 
Law 111-5, prior to July 1,2010 to programs or funds that are repealed in Part A of this 
Act must be transferred by July 1, 2010 to the corresponding fund or program established 
in Part B of this Act. The Public Utilities Commission staff shall cooperate with, consult 
with and jointly plan 'Nith the director of Efficiency Maine Plus for the expansion of 
existing programs and establishment of new programs related to new funding for the state 
energy program resulting from the federal American Recovery and Reinvestment Act of 
2009, Public Law 111-5. 
13. Adoption of state standards. In accordance with Title 1 O,section 9312, the 
Efficiency Maine Plus Council shall adopt state standards' for energy auditor certification 
. no later than January 1, 2012. 
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14. Revisor's reyiew, cross-references. The Revisor of Statutes shall review the 
Maine Revised Statutes and include in the errors and inconsistencies bill submitted to the 
sections necessary to correct and update any cross-references in the statutes to provisions 
of law repealed in tins Act. 
PARTF 
Sec. F-l. 35-A MRSA c. 96 is enacted to read: 
CHAPTER 96 
MAINE ENERGY INDEPENDENCE ACT FUNDING 
§lOtol. Conservation fund 
1. Funding level; base assessment. The commission shall assess transmission and 
distribution utilities to collect funds for the electricity conservation fund program under 
Title 10, section 9307 and administrative costs in accordance with tills subsection and 
shall make other assessments in accordance with subsection 2. The amount of all 
assessments by the commission under tills subsection plus expenditures of a transmission 
and distribution utility associated with prior conservation efforts must result in 
conservation expenditures by each transmission and distribution utility, not' including 
expenditures on assessments under subsection 2, that are fixed at a rate of 0.145 cent per 
kilowatt-hour. 
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27. 
2. Other assessments on transmission and distribution utilities. The commission 
shall.assess each transmission and distribution utility based on the utility's gross operating 
revenue as necessary to realize all available energy efficiency and demand reduction 
resources in this State that are cost-effective, reliable and feasible as determined by the 
commission after the commission consults with Efficiency Maine Plus established under 
Title 10, chapter 1005 and considers the following: 
A. The amount of assessments pursuant to subsection 1 and their payment schedule; 
B. The funding for the electricity conservation fund program provided by the energy 
and carbon savings fund under Title 10, section 9308; 
C. The amount of payments received from a forward capacity market as a result of 
conservation fund programs funded under this chapter; and 
D. Any other predictable sources of funding for or investment in energy conservation 
and efficiency programs. 
For the purposes of this subsection, "gross. operating revenue" means revenue derived 
from filed rates, except from sales for resale. The commission may correct any errors in 
the assessments under this subsection by means of a credit. or debit to the following year's 
assessment rather than reassessing all utilities in the current year. The commission shall 
determine the assessments under this subsection annually prior to May 1 st and. the 
commission shall assess each utility for its pro rata share for expenditure, including funds 
'for energy conservation fund programs, during the fiscal year beginning July 1 st. The 
commission may not charge any assessment under this subsection until the Legislature 
has approved the commission's budget in accordance with section 116. The commission 
shill separately identify any recommended assessment under this subsection in its 
presentation of budget recommendations contained in any current services budget 
legislation and any supplemental budget legislation to the joint standing committee of the 
Legislature having jurisdiction over utilities and energy matters pursuant to section 116. 
Each utility shall pay the assessment charged to that utility under this subsection on the 
same schedule that payment of assessments under subsection 1 is required. 
3. Transmission and subtransmission voltage level. After July 1, 2007, electricity 
customers receiving service at transmission and subtransmission voltage levels are not 
eligible for new conservation fund programs undertaken under this section, and those 
customers are not required to pay in rates any amount associated with the assessment 
imposed on transmission and distribution utilities under subsection 1 or subsection 2. To 
remove the amount of the assessment under subsection 1, the commission shall reduce the 
rates of such customers that are in effect on July 1, 2007 by 0.145 cent per kilowatt-hour 
at the time of the first rate adjustment following the effective date of this subsection. For 
the purposes of this subsection, "transmission voltage levels" means 44 kilovolts or more, 
and "subtransmission voltage levels" means 34.5 kilovolts. 
39. 
4. Conservation fund. The commission shall transfer funds collected under this 
section to Efficiency Maine Plus to be used solely for the electricity conservation fund 
program under Title 1 0, section 9307. 
A. The commission shall deposit all ass.essments collected pursuant to this section 
into the electricity conservation fund un:der Title 10, section 9307. 
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B. Any interest earned on funds in the conservation fund must be credited to the 
electricity conservation fund under Title 10, section 9307. 
C. Funds not spent in any fiscal year remain in the conservation fund to be used for 
the electricity conservation fund program under Title 10, section 9307. 
5. Prior conservation efforts. Except as otherwise directed by the commission, 
transmission and distribution utilities shall continue to administer contracts associated 
with prior conservation efforts. For purposes of this section, "prior conservation efforts" 
means' programs to promote conservation undertaken at the direction or with the 
authorization of the commission prior to March 1, 2002. Such' contracts may not be 
renewed, extended or otherwise modified by transmission and distribution utilities, in a 
manner that results in any increased expenditures associated with those contracts. 
6. Funds held in trust. All funds collected from electricity consumers pursuant to 
this section are collected under the authority and for the purposes of this section and are 
deemed to be held in trust for the purposes. of benefiting electricity consumers. In the 
event funds are not expended or contracted for expenditure within 2 years of being 
collected from Ctmsumers, the commission shall return the value of those funds to 
consumers by appropriate reductions in the assessment collected pursuant to subsection 1. 
7. Resolution. of disputes. Upon receipt of an appropriate. filing by a party to a 
contract relating to prior conservation efforts, the commission shall adjudicate a dispute 
relating to the interpretation or administration of the contract by the transmission and 
distribution utility . 
. In the case of a dispute filed after the effective date of this subsection, the commission 
shall refer the dispute to commercial arbitration in accordance with this subsection. Each 
party to the contract shall select an arbitrator who is not a current employee of the party. 
The selected arbitrators shall then select a 3rd arbitrator. If the arbitrators cannot agree on 
the 3rd arbitrator, each party shall submit to the commission a list of at ieast 3 arbitrators 
who have no previous or current interest in the contract and, to the extent practicable, 
have special competence and experience with respect to the subject matter involved in the 
dispute. The commission shall choose the 3rd arbitrator from among the persons' on the 
lists provided by the partres.-:AIter their seledioii, the arbitrators shall promptly hear and 
determine the controversy pursuant to the rules of the American Arbitration Association 
for the conduct of commercial arbitration proceedings, except that if such rules conflict 
with any procedural rules established by the commission or applicable provisions of the 
·laws of this State relating to arbitration, the applicable council niles or provisions of state 
law govern the arbitration. The arbitrators shall submit their decision to the council. 
A. 
The commission shall accept or reject the decision within 30 days of its 
submission, unless the commission requires additional time, in which case it may 
extend its review for another 30 days. 
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B. If the commission does not reject the decision within 30 days or, if it extends its 
review period an additional 30 days, within 60 days the decision is deemed accepted. 
C. 
If the commission rejects the decision, the commission' shall adjudicate the 
dispute. A decision by the council under this subsection, including a decision by the 
arbitrators that is deemed· accepted by the council pursuant to' paragraph B, is 
enforceable in a court oflaw. 
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8. Ratemaking and cost recovery. The assessments charged to utilities under this 
section are just and reasonable costs for rate-making purposes and must be reflected in 
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the rates of transmission and distribution utilities. 
9. Rides. The coinmission shall adopt rules necessary to implement this section. 
The commission may by vote adopt pre-existing rules without conducting a rulemaking 
8. 
process pursuant to Title 5, chapter 375, subchapter 1. Rules adopted pursuant to this 
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subsection are routine technical rules as defined in Title 5, chapter 375,_ subchapter 2-A. 
§10102. Cost recovery for natural gas conservation programs 
The commission shall include in rates for a gas utility all costs incurred in 
compliance with natural gas conservation programs established . pursuant to Title 10, 
section 9309 and rules adopted by the Efficiency Maine Plus Council pursuant to that 
section, as long as those costs have been prudently incurred. 
The commission shall assess each gas utility an amount that is no less than 3 % of the 
gas utility's delivery revenues as defined by commission rule. The funds must. be _ 
transferred to a separate gas conservation fund according to Title 10, section 9309, to 
benefit consumers of natural gas. Any interest on funds in the fund must be credited to 
the fund. Funds not spent in any fiscal year remain in the fund to be used for the purposes 
of this section. In the event that funds' are not expended, transferred or contracted for 
expenditure within 2 years of being collected from consumers, the commission shall 
return the value of those funds to consumers by appropriate reductions in the assessment 
collected. 
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§lOl03. Funding level; solar and wind energy!,ebate program 
The commission shall assess transmission and distribution utilities to collect funds for 
the solar and wind energy rebate program established in accordance with Title 10, section 
9310. The amount of all assessmehts by the commission under this section 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 10101. The commission shall establish a solar and wind energy rebate 
program fund to be used solely for the purposes of this section. All assessments made 
under this section must be transferred to a solar and energy rebate fund at Efficiency 
Maine Plus established under Title 10, chapter 1005. Any interest on funds in the fund 
must be credited 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 andgualified wind energy system rebates, with a minimum of 20% of the fund 
provided to each of the 3 types of rebates. 
Sec. F-2. Effective date. This Part takes effect July 1,2010. 
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PARTG 
Sec. G-l. 5 MRSA §:'.82, sub-§7, as amended by PL 2001, c. 333, §2, is further 
amended to read: 
7. Value offringe benefits. To ensure that all publications that state the salary of an 
employee or of a position in State Government also include ,a staterrient of the dollar 
value of the fringe benefit package provided. For purposes of tllis subsection, "fringe 
benefits" includes an employer's cost of an employee's health insurance, dental insurance 
and retirement but doe,S not include the amount paid to cover any unfunded liability; aHtl 
Sec. G-2. 5' MRSA §282, sub-§8, as enacted by PL 2001, c. 333, §3, is further 
amended to read: 
8. Serve as director of Clean 'Government Initiative. To serve as a director, along 
'with the COmnUssioner of Environmental Protection, of the Clean Government Initiative 
established in Title 38, section 343-H:-; and 
Sec. G-3. 5 MRSA §282, sub-§9 is enacted to read: 
9. Energy Independence Fund; revenues from occupancy of state assets. To 
establish' an energy independence fund from the revenuesdeIived from trahsportation 
commerce corIidors pursuant to Title 23, section 345 and state waters and coastal islands 
pursuant to Title 5, section 3347. The revenues must be' used for the following purposes: 
A. 
To ensure methodical transition to energy independence and security for the 
people, communities, economy and environment of the State; 
B. To transform the ways homes and businesses are heated, energy is used and 
people and cargo are transported; and 
C. To gain independence from foreign oil and to maxinUze energy efficiency, to 
enhance renewable, energy sources and to invest in an econonUc development strategy 
to ensure a vibrant, environmentally sound and prosperous future. 
Sec. G-4. 5 MRSA c. 314, sub-c. 4 is enacted to read: 
SUBCHAPTER 4 
COMPENSATION FOR USE OF STATE WATERS AND ISLANDS 
§3347. Compensation 
The Executive' Depmiment, State Planning Office shall develop a program to 
negotiate agreements and receive compensation for the use of state waters and state-
owned islands for the generation of energy, transnUssion of energy or communications 
systems. 
1. Compensation based on avoided costs. Compensation must be based on the 
avoided costs of the entity proposing to use the waters or coastal islands, appraisals, the 
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unique asset of right-of-way and other factors affecting value and cost. 
Energy 
generation, energy transmission arid communications systems projects with agreements 
negotiated under this section are exempt from the submerged lands lease program set 
forth in Title 12, section 1862. 
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2. Use of funds. Compensation received must be used for the general purposes of 
energy efficiency programs, renewable energy research and development, fisheries 
management, fisheries-related infrastructure and programs· designed to support fishing 
businesses and related marine industries. Funds received from the negotiated agreements 
under this section must be deposited in the Energy Independence Fund) established under 
section 282. 
3. Agreements. The Executive Department, State Planning Office may enter into an 
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agreement with the Department of Adrrllnistrative and Financial Services in order to be 
compensated for any costs associated with implementing this section. 
4. Rules. The Executive Department, State Planning Office may adopt rules to 
implement this section. Rules adopted pursuant to this subsection are routine teclmical 
rules as defined in chapter 375, subchapter 2-A 
Sec. G-S. 23 MRSA c. 8-A is enacted to read: 
CHAPTER 8-A 
TRANSPORTATION COMMERCE CORRIDORS 
§345. Transportation commerce corridors 
1. Occupancy agreements. Upon a determination that it is in the best interests of 
the State to do so, the department inay enter into occupancy agreements allowing the 
longitudinal underground installation of lines, cables, pipelines or other structures for the 
transmission of energy, communication transmission systems or related facilities within 
the rights-of-way of the state highway system, the federal interstate highway system, 
state-owned or state-controlled rail corridors or other state transportation corridors. 
2. Negotiate agreements. The department shall negotiate agreements and receive 
compensation for the use of highway rights-of-way to. install lines, cables, pipes and 
related facilities. Compensation must be based . on the avoided costs of the entity 
proposing to use the transportation corridor,- the limited amount of space within such 
corridors and other factors affecting value and cost. 
3. Use of funds. Compensation received pursuant to this section must be used for 
the general purposes of transportation, energy efficiency programs, renewable energy 
research and development and other related matters. Funds· received from negotiated 
agreements pursuant to subsection2 must be deposited in the Energy Independence Fund, 
established under Title 5, section 282. 
4. Rules. The department may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
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Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill: 
1. 
Establishes Efficiency Maine Plus as an independent authority with oversight 
responsibilities for energy efficiency and renewable energy programs for all fuels, 
including those energy efficiency programs now implemented by the Public Utilities 
Commission, natural gas utility efficiency programs and the programs funded by revenue 
from the regional greenhouse gas initiative; 
2. Directs Efficiency Maine Plus to plan, implement and evaluate energy efficiency 
programs for all consumer sectors including the residential, nonprofit, comnlercia1, 
industrial and public sectors; 
3. 
Directs Efficiency Maine Plus to coordinate and consult with other relevant 
agencies with respect to energy efficiency matters; 
4. Provides for separate accounting for funds from different funding sources, such as 
tht: electricity system· benefit charge and revenue resulting form .the sale of carbon 
dioxide allowances; 
5. Establishes a building weatherization program; 
6. 
Creates an interagency t.ask force that will focus on. increasing the energy 
efficiency of state facilities; a.nd 
7; Establishes the Energy Independence Fund, which consists of revenues derived 
from occupancy agreements for the use of transportation corridors and the use of state 
waters and state-owned islands.