An Act To Create the Maine Energy Office
Maine Legislature, Session 128, LD 0260
Committee Amendment CA_A_H768 (House)
Amends: 10 MRSA §1043, 10 MRSA §9722, 35-A MRSA §4131, 35-A MRSA §10103

COMMITTEE AMENDMENT "A" to H.P. 193, L.D. 260, Bill, "An Act To Create 
the Maine Energy Office" 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 10 MRSA §1043, sub-§2, ,ro, as amended by PL 2017, c. 95, §1, is 
further amended to read: 
0. In the case of an energy distribution system project or an energy generating 
system project regulated by the Public Utilities Commission with respect to rates or 
terms of service or that requires, for construction or operation, authorization or 
certification from the commission, the following conditions are met. 
(1) The energy distribution system project or the energy generating system 
project has received all authorizations or certifications from the Public Utilities 
Commission necessary for construction and operation of the project. 
The 
authority may issue a certificate of approval for a project that has received 
conditional approvals or certifications from the commission, except that the 
authority's certificate becomes legally effective only upon fulfillment of the 
conditional provisions of the commission's certificates or approvals. If the 
commission has approved rates to be charged by the project or _has issued a 
certificate of public convenience and necessity for the project, the authority shall 
take into consideration any findings and conclusions of law of the commission, 
including any findings and conclusions pertaining to the need for the project and 
the fmancial viability of the project. 
(2) The authority has reviewed and considered any comments provided by the 
Director Commissioner of the Governor's Maine Energy Office and the Public 
Advocate. 
(3) The authority has determined that the applicant is creditworthy and that there 
is a strong likelihood that the revenue obligation securities will be repaid through 
the revenues of the project and any other sources of revenues and collateral 
pledged to the repayment of those securities. 
In order to make these 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A" to H.P. 193, L.D. 260 
determinations, the authority shall consider such factors as it considers necessary 
and appropriate in light of the special purpose or other nature of the business 
entity owning the project and the specific pmposes of the project to measure and 
evaluate the project and the sufficiency of the pledged revenues to repay the 
obligations, including, but not limited to: 
(a) Whether the individuals or entities obligated to repay the obligations 
have demonstrated sufficient revenues from the project or from other sources 
to repay the obligations and a reasonable probability that those revenues will 
continue to be available for the term of the revenue obligation securities; 
(b) Whether the applicant demonstrates a reasonable probability that the 
project will continue to operate and provide the public benefits projected to 
be created for the term of the revenue obligation securities; 
(c) Whether the applicant's creditworthiness is demonstrated by factors such 
as its historical financial performance, management ability, plan for 
marketing its product or service and ability to access conventional financing; 
( d) 
Whether the applicant meets or exceeds industry average financial 
performance ratios commonly accepted in determining creditworthiness in 
that industry; 
( e) Whether the applicant demonstrates that the need for authority assistance 
is due to the reduced cost and increased flexibility of the financing for the 
project that result from authority assistance and not from an inability to 
obtain necessa1y financing without the capital reserve fund secmity provided 
by the authority; 
(f) 
Whether collateral securing the repayment obligation is reasonably 
sufficient under the circumstances; 
(g) Whether the proposed project enhances the opportunities for economic 
development; 
(h) The effect that the proposed project financing has on the authority's 
financial resomces; 
(i) The financial performance of similar projects; 
(j) 
The need for the project, as determined by the Public Utilities 
Commission and as indicated by any comments provided by the Director 
Commissioner of the Governor's Maine Energy Office, other public officials 
and members of the public; 
(k) The nature and extent of customer commitment to use the project or the 
fuel or energy the project distributes, transmits or generates; 
(1) The cost advantages to end users of the fuel or energy to be distributed, 
transmitted or generated by the project, to the extent those advantages may 
affect market penetration by the project; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 193, L.D. 260 
(m) The nature and extent of the applicant's equity contribution to payment 
of the costs of the project; such a contribution may not be less than 25% of 
the expected cost of the project. 
This paragraph is repealed January 1, 2020. 
Sec. 3. 10 MRSA §9722, sub-§2, 11, as amended by PL 2011, c. 655, Pt. MM, 
§10 and affected by §26, is further amended to read: 
I. An energy efficiency representative, recommended by the Director Commissioner 
of the Governor's Maine Energy Office within the Executive Department, who has 
experience or expertise in the design or implementation of energy codes or in the 
application of energy efficiency measures in residential or commercial construction; 
Sec. 4. 35-A MRSA §4131, sub-§3, ,re, as amended by PL 2011, c. 655, Pt. 
MM, §17 and affected by §26, is further amended to read: 
C. The Director Commissioner of the Governor's Maine Energy Office, or another 
employee of that office, as the dirsotor commissioner may from time to time 
designate in writing filed with the clerk of the agency, shall serve as a member of the 
board of directors. 
Sec. 5. 35-A MRSA §10103, sub-§2, ,rA, as repealed and replaced by PL 2013, 
c. 424, Pt. B, §14, is amended to read: 
A. The board consists of the following 9 voting members: 
(1) The Director Commissioner of the Governor's Maine Energy Office or the 
commissioner's designee; 
(2) The director of the Maine State Housing Authority; and 
(3) Seven members appointed by the Governor, reviewed by the joint standing 
committee of the Legislature having jurisdiction over energy matters and 
approved by the Senate. 
Among these 7 members must be persons who 
adequately represent the interests of commercial energy consumers, industrial 
energy consumers, small business energy consumers, residential energy 
consumers and low-income energy consumers; among these members must be 
persons with knowledge of and experience in financial matters and consumer 
advocacy and who possess substantial management expertise or knowledge of or 
experience with conservation fund programs, carbon reduction programs or 
energy efficiency or climate change policy. 
The requirements of this 
subparagraph may be met through the appointment of one or more persons who 
satisfy more than one of the requirements, as long as at any one time the 7 
members include among them members who adequately represent the identified 
interests and who possess the required knowledge, expertise and experience. 
Appointed trustees serve 3-year terms. If an appointed trustee is unable to 
complete the term, the Govemo1· shall appoint a replacement for the remainder of 
the unexpired term.' 
Amend the bill in section 3 in § 10203 by striking out all of subsection 2 (page 4, lines 
to 21 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT H" to H.P. 193, L.D. 260 
'2. 
Deoutv commissioner. 
The commissioner shall designate a deputy 
commissioner, who serves at the pleasure of the commissioner.' 
Amend the bill in section 3 in § 10204 by striking out all of subsection 2 (page 4, lines 
and 30 in L.D.) and inserting the following: 
'2. Funds from the Efficiency Maine Trust. To the extent federal funds are 
inadequate to meet the funding needs of the office, the office may receive funds from the 
trust, but only for that portion of the office's activities that support or reasonably relate to 
programs or activities of the trust. The commissioner shall keep an accounting of the 
office's resources devoted to its various duties and activities, including that portion of its 
resources devoted to activities in support of or reasonably related to programs or 
activities of the trust. 
The office shall provide the accounting to the joint standing 
committee of the Legislature having jurisdiction over energy matters as part of its annual 
report under section 10205, subsection 3. The joint standing committee of the Legislature 
having jurisdiction over energy matters shall make recommendations to the joint standing 
committee of the Legislature having jurisdiction over appropriations and financial affairs 
with regard to any proposed allocation of funds of the trust to support the office. In 
accordance with any legislative allocation or deallocation of funds of the trust to support 
the office, the commissioner shall request from the trust and the trust shall provide the 
allocated resources to the office.' 
Amend the bill in section 3 in § 10206 in the first paragraph in the 4th to 6th lines 
(page 7, lines 22 to 24 in L.D.) by striking out the following: "For the purposes of this 
section, "state-owned" and "energy infrastructure corridor" have the same meanings as in 
section 122, subsection 1. 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. Transition provisions. The following provisions govern the transition of 
the Governor's Energy Office to the Maine Energy Office. 
1. The Maine Energy Office is the successor in every way to the powers, duties and 
functions of the fo1mer Governor's Energy Office. 
2. Any positions authorized and allocated subject to the personnel laws to the former 
Governor's Energy Office are transferred to the Maine Energy Office and may continue to 
be authorized. 
3. All records, property and equipment previously belonging to or allocated for the 
use of the former Governor's Energy Office become, on the effective date of this Act, part 
of the property of the Maine Energy Office. 
4. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, all accrued 
expenditures, assets and liabilities, including but not limited to any contractual 
obligations, balances, appropriations, allocations, transfers, revenues, grants or other 
available funds, in any account or subdivision of an account of the Governor's Energy 
Office on the effective date of this Act must be reallocated to the Maine Energy Office. 
5. The Governor may appoint from the personnel of the f01mer Governor's Energy 
Office an acting commissioner to exercise the powers and perf01m the duties of the 
Commissioner of the Maine Energy Office until a commissioner is appointed in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·/+· to H.P. 193, L.D. 260 
accordance with the Maine Revised Statutes, Title 35-A, section 10203, subsection 1 or 
for 6 months from the date of appointment, whichever occurs first. 
Sec. 7. Appropriations and allocations. The following appropriations and 
allocations are made. 
EXECUTIVE DEPARTMENT 
Governor's Energy Office Z122 
Initiative: Deallocates from the Governor's Energy Office, which is being eliminated. 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
EXECUTIVE DEPARTMENT 
DEPARTMENT TOTALS 
FEDERAL EXPENDITURES FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
MAINE ENERGY OFFICE 
Maine Energy Office N285 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
Initiative: Provides allocation to the newly established Maine Energy Office. 
FEDERAL EXPENDITURES FUND 
2017-18 
POSITIONS - LEGISLATIVE COUNT 
0.000 
Personal Services 
$0 
All Other 
$0 
COMMITTEE AMENDMENT 
2018-19 
(2.000) 
($141,567) 
($947,050) 
($1,088,617) 
2018-19 
(1.000) 
($79,205) 
($50,000) 
($129,205) 
2018-19 
($1,088,617) 
($129,205) 
-($1,217,822) 
2018-19 
2.000 
$141,567 
$947,050 
COMMITTEE AMENDMENT .. 4,, to H.P. 193, L.D. 260 
FEDERAL EXPENDITURES FUND TOTAL 
$0 
$1,088,617 
OTHER SPECIAL REVENUE FUNDS 
2017-18 
2018-19 
POSITIONS - LEGISLATNE COUNT 
0.000 
1.000 
Personal Services 
$0 
$79,205 
All Other 
$0 
$50,000 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$129,205 
Maine Energy Office N285 
Initiative: Appropriates $75,000 in fiscal year 2018-19 for activities relating to energy 
resources, planning and development. 
GENERAL FUND 
All Other 
GENERAL FUND TOT AL 
Maine Energy Resources Development Program N286 
2017-18 
$0 
$0 
2018-19 
$75,000 
$75,000 
Initiative: Provides allocation to allow the Maine Energy Office to expend any private 
funds on activities promoting energy research and demonstration activities. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
MAINE ENERGY OFFICE 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2017-18 
$0 
$0 
2017-18 
$0 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
$500 
$500 
2018-19 
$75,000 
$1,088,617 
$129,705 
$1,293,322 
COMMITTEE AMENDMENT"~ "to H.P. 193, L.D. 260 
SECTION TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2017-18 
$0 
$0 
$0 
$0 
Sec. 8. Effective date. This Act takes effect January 1, 2019.' 
2018-19 
$75,000 
$0 
$500 
$75,500 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment does the following. 
1. It specifies that the Commissioner of the Maine Energy Office instead of the 
Director of the Govemor's Energy Office serves on the Efficiency Maine Trust Board. 
2. 
It specifies that the deputy commissioner serves at the pleasure of the 
commissioner and not of the Governor as in the bill. 
3. It removes the $300,000 annual funding for the Maine Energy Office from the 
Efficiency Maine Trust, but includes from current law that the office may receive funds 
from the Efficiency Maine Trust for office activities that reasonably relate to programs or 
activities of the Efficiency Maine Trust. 
4. It removes unnecessary language regarding energy infrastructure corridors. 
5. It adds an appropriations and allocations section. 
6. It adds an effective date of January 1, 2019. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/13/18 feac: 
LD260 
LR 1211(02) 
An Act To Create the Maine Energy Office 
~\ 
Fiscal Note for Bill as Amended by Comni1ttee Amendment 'ft [H-7/tJ ?5) 
Committee: Energy, Utilities and Technology 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Federal Expenditures Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
$0 
$0 
$0 
$0 
FY 2018-19 
$75,000 
$75,000 
$0 
$500 
Projections 
FY 2019-20 
$300,000 
$300,000 
$0 
$500 
Projections 
FY2~~21 
$300,000 
$300,000 
$0 
$500 
This bill establishes the Maine Energy Office (MEO) and transfers the staff, powers, duties and functions of the 
Governor's Energy Office (GEO) to it on Januaiy 1, 2019. The GEO is eliminated and the bill includes Federal 
Expenditures Fund and Other Special Revenue Funds deallocations to the GEO and corresponding allocations to the 
MEO. The bill also includes General Fund appropriations to the IVIEO of $75,000 in fiscal year 2018-19 for activities 
relating to energy resources, planning and development. The Maine Energy Resources Development Program is 
established with a $500 allocation to promote energy research and demonstration activities as future funding allows. 
The MEO may receive funds from the Efficiency Maine Trust (EMT) for office activities that are reasonably related 
to programs or activities of the EMT. 
LR 1211 (02) - Fiscal Note - Page l of I