Maine Legislature, Session 124, LD 0755
Sponsors: FLETCHER, SMITH, BEAULIEU, FITTS, JOHNSON, LANGLEY, NUTTING, SARTY, TILTON, SHERMAN
Amends: 2 MRSA §9, 36 MRSA §5219-D

FIRST P~GULAR SESSION=2009 
Legislative Document 
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No. 755 
H.P.514 
House:! of Representatives, February 26,2009 
An ACt To Help the State Achieve Energy Independence and 
Security 
Reference to the Joint Select Committee on Maine's' Energy Future suggested and ordered 
printed. 
. 
Presented by Representative FLETCHER of Winslow. 
Cosponsored by Senator SMITH of Piscataquis and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAULIEU of Auburn, FITTS of Pittsfield, JOHNSON of Greenville, 
LANGLEY of Ellsworth, NUTTING of Oakland, SARTY of Demnark, TILTON of 
Harrington, Senator: SHERMAN of Aroostook. 
Printed 011 recycled p::Jpcr 
Be it enacted by the People of the State of Maine as follows: 
) 
Sec. 1. 2 MRSA §9, sub-§3, ~, as enacted by PL 2007, c.656, Pt. C; §1, is 
amended to read: 
1. Monitor energy transmission capacity planning and policy affecting this State and 
the regulatory approval process for the 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 planning and development; aOO 
Sec. 2. 2 MRSA §9, sub-§3, Ej'fJ, as enacted by PL 2007, c. 656, Pt. C, §l, is 
amended to read: 
J. Take action as necessary to carry out the goals and objectives of the state energy 
plan prepared pursuant to paragraph G,; and 
Sec. 3. 2 MRSA §9, sub-§3, 1K is enacted to read: 
" 
K. . In consultation with the Public Utilities Commission and the Maine State Housing 
Authority, certify energy efficiency equipment, nonfossil fuel systems and 
weatherization materials that significantly improve the State's energy independence 
and security for purposes of Title 36, section 5219-DD. The director may adopt 
routine technical rules as defined in Title 5, chapter 375, suchapter 2-A to implement 
this paragraph. 
Sec. 4. 36 MRSA §5219-DD is enacted to read: 
) 
§5219-DD. Fuel efficiency credit 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Energy efficiency equipment" means equipment that is installed on an existing 
system to provide ambient heating or cooling to a structure in the State that is 
certified by the office under Title 2. section 9, subsection 3, paragraph K as 
27--significantly improving the State's energy'independence and security. 
B.-"Offie'e" means the Governor's Office of Energy Independence and Security 
established in Title 2, section 9. 
. 
C. 
"Qualifying system" means a system designed to provide ambient heating or 
cooling to a structure in the State using solely nonfossil fuel and certified by the 
office under Title 2, section 9, subsection 3, paragraph K as significantly improving 
the State's energy independence and security. 
D. "Qualifying taxpayer" means .an individual wh~ qualified' fo~ a benefit under 
chapter 907 during the preceding calendar year. 
E. "Weatherization materials" means materials that are incorporated into a structure 
in the State that are certified by the office under Title 2, section 9, subsection 3, 
paragraph K as significantly improving the State's energy independence and security. 
) 
() 
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2. Credit. A qualifying taxpayer is allowed a credit against the tax imposed by this 
Part equal to 10% of the costs of installation during the tax year of energy efficiency 
equipment, a qualifying system or weatherization materials. The credit may not exceed 
$250 per tax return per structure. The credit may not reduce taxes otherwise due under 
this Part below zero. 
3. Funding. By June 15th annually the State Tax Assessor shall determine the total 
amount of credits granted under this section for the previous taxable year and certify that 
amount to the State Controller, who shall, before the end of the fiscal year, transfer that 
amount, up to a maximum of $750,000, from the Energy and Carbon Savings Trust Fund 
established under Title 38, section 10008, subsection 2 to the General Fund. 
Sec. 5. Application. This Act applies to tax years beginning on or after January 1, 
2009. 
SUMMARY 
. This bill enacts an income tax credit for persons eligible for a benefit under the 
Circuitbreaker Program for 10% of the cost of the installation of energy efficiency 
equipment, qmi.lifyfug nollfossil fuel energy systems and weatherization materials on a 
structure in the State. The credit is limited to $250 per tax return per structure. Funding 
for the credit of up to $750,000 must be transferred to the General Fund from the Energy 
and Carbon Savings Trust Fund.