An Act To Change Laws Amended by Public Law 2013, Chapter 369, Also Known as the Omnibus Energy Act
Maine Legislature, Session 127, LD 0946
Committee: Energy, Utilities and Technology
Sponsors: DUNPHY, MASON, BEAVERS, HIGGINS, O'CONNOR, REED, WADSWORTH, WHITTEMORE
Amends: 35-A MRSA §10111

Legislative Document 
No. 946 
H.P. 649 
House of Representatives, March 17, 2015 
An Act To Change Laws Amended by Public Law 2013, Chapter 
369, Also Known as the Omnibus Energy Act 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative DUNPHY of Embden. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: BEAVERS of South Berwick, HIGGINS of Dover-Foxcroft, O'CONNOR of 
Berwick, REED of Carmel, WADSWORTH of Hiram, Senator: WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §10111, sub-§2, as amended by PL 2013, c. 369, Pt. A, §25, 
is further amended to read: 
2.  Funding level.  The natural gas conservation fund, which is a nonlapsing fund, is 
established to carry out the purposes of this section.  The commission shall assess each 
gas utility, in accordance with the triennial plan, an amount necessary to capture all cost-
effective energy efficiency that is achievable and reliable for consumers who are eligible 
to receive funds from the natural gas conservation fund.  All amounts collected under this 
subsection must be transferred to the natural gas conservation fund.  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 assessments charged to gas utilities under this section are just and reasonable costs 
for rate-making purposes and must be reflected in the rates of gas utilities.  Only those 
consumers whose rates reflect an assessment charged to a gas utility under this section are 
eligible for funding from the natural gas conservation fund.  A large volume commercial 
or industrial customer, as defined by the commission by rule, may not be assessed under 
this subsection, except through a voluntary arrangement with the commission and the gas 
utility that serves that large volume commercial or industrial customer. 
All funds collected 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 
natural gas consumers served by the gas utilities assessed under this subsection. In the 
event funds are not expended or contracted for expenditure within 2 years of being 
collected from consumers, the commission shall ensure that the value of those funds is 
returned to consumers. 
Rules adopted by the commission under this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  PL 2009, c. 615, Pt. A, §6, 3rd ¶ from the end, as amended by PL 
2013, c. 369, Pt. H, §1 and c. 378, §5, is further amended to read: 
The commission may not approve any long-term contract under this section that 
would result in an increase in electric rates in any customer class that is greater than 
$1.45 per megawatt hour and may not approve any contract that assesses any amount 
from transmission voltage level customers and subtransmission voltage level customers 
under this section.  As used in this section, "transmission voltage level" and 
"subtransmission voltage level" have the same meaning as in Title 35-A, section 10110, 
subsection 6. 
SUMMARY 
This bill changes laws amended by Public Law 2013, chapter 369, also known as the 
Omnibus Energy Act. It provides that only consumers whose rates reflect an assessment 
that is charged to a gas utility and deposited in the natural gas conservation fund are 
eligible to receive funding from the fund. It exempts large volume commercial or 
industrial customers from paying an assessment to be deposited in the fund except 
through a voluntary arrangement.  It provides that the Public Utilities Commission may 
not approve a long-term contract to supply installed capacity and associated renewable 
energy and renewable energy credits from one or more deep-water offshore wind energy 
pilot projects or tidal energy demonstration projects that assesses any amount from 
transmission voltage level customers and subtransmission voltage level customers.