An Act To Establish Energy Policy in Maine
Maine Legislature, Session 128, LD 1313
Committee Amendment CA_A_H429 (House)
Amends: 35-A MRSA §10109, 35-A MRSA §10111

COMMITTEE AMENDMENT "A" to H.P. 910, L.D. 1313, Bill, "An Act To 
Establish Energy Policy in Maine" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §10109, sub-§3-A, as enacted by PL 2015, c. 498, §1, is 
amended to read: 
3-A. Payments. The trust shall transfer funds, to the extent funds are available, to 
the commission $3,000,000 per each year during fiscal years 2016 17, 2017-18 Md. 
2018-19 and 2019-20 in accordance with this subsection to be used by the commission 
for disbursements to affected customers. 
Affeoted oustomers vko use An affected 
customer who uses the entire disbursement received by that customer toward an 
efficiency measure approved by the trust in the fiscal year in which it is received must 
receive $1 of assistance from the trust for every $3 of the disbursement plus any 
additional customer funds that it. are applied by the affected customer toward the cost of 
the approved efficiency measure as long as the total of assistance from the trust and the 
disbursement allocated by the commission under this subsection for that customer for that 
fiscal year does not exceed 65% of the total measure cost. 
For the purposes of this subsection, "affected customer" means a customer who is not 
primarily in the business of selling electricity, is receiving service at a transmission 01· 
subtransmission voltage level as defined in section 10110, subsection 6 within the 
electrical utility transmission system administered by an independent system operator of 
the New England bulk power system or a successor organization and is an energy-
intensive manufacturer, as defined in reports prepared by the U.S. Energy Information 
Administration. The commission may also determine that a manufacturer not defined as 
an energy-intensive manufacturer in reports prepared by the U.S. Energy Information 
Administration is an affected customer if that manufacturer meets the other requirements 
of the definition under this subsection. 
A. No later than November 1st of eaoh applieable fisoal year, the The commission 
shall direct funds totaliag $3,000,000 per year duriag fiscal years 2016 17, 2017 18 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 910, L.D. 1313 
and 2018 19 to be disbursed quarterly during fiscal years 2017-18, 2018-19 and 
2019-20 for the benefit of affected customers in proportion to their retail purchase of 
electricity as measured in kilowatt-hours for the prior calendar year. 
The total 
amount to be disbursed from the fund, to the extent those funds are available, must be 
$2,500,000 in fiscal year 2017-18, $2,500,000 in fiscal year 2018-19 and $1,000,000 
in fiscal year 2019-20. 
B. During fiscal years 2016 17, 2017-18 tffid., 2018-19, and 2019-20, an affected 
customer who receives a disbursement under this subsection is not eligible to receive 
financial or other assistance from the trust fund established in this section except as 
allowed under this subsection. This ineligibility does not apply to any trust program 
opportunity notices issued before July 1, 2016 or to any affected customer that elects 
in writing to the commission prior to October 1, 2017 to not receive a disbursement 
under this subsection for the full period of fiscal years 2017-18 to 2019-20. The 
commission shall reduce the total amount to be disbursed under paragraph A as 
necessaty to reflect the share of load represented by affected customers electing to 
opt out. 
C. 
The commission shall include in its annual report pursuant to section 120, 
subsection 7 to the joint standing committee of the Legislature having jurisdiction 
over public utilities matters a description of the commission's activities in carrying 
out the requirements of this subsection, a list of affected customers receiving 
disbursements, a list of those who elected to use the disbursements toward efficiency 
measures and the results of the activities under this subsection. 
Sec. 2. 35-A MRSA §10109, sub-§4, ,rA, as amended by PL 2015, c. 498, §2, is 
further amended to read: 
A. 
The trust shall allocate 50% of the funds for residential programs and 50% for 
commercial and industrial programs. Trust funds must be allocated for measures, 
investments, loans, technical assistance and arrangements that reduce electricity 
consumption, increase energy efficiency or reduce greenhouse gas emissions and 
lower energy costs at commercial or industrial facilities and for investment in 
measures that lower residential heating energy demand and reduce greenhouse gas 
emissions. The measures that lower residential heating demand must be fuel-neutral 
and may include, but are not limited to, energy efficiency improvements to residential 
buildings and upgrades to efficient heating systems that will reduce residential energy 
costs and greenhouse gas emissions, as determined by the board. The trust shall 
ensure that measures to reduce the cost of residential heating are available for low-
income households as defined by the trust. When promoting electricity cost and 
consumption reduction, the trust may consider measures at commercial and industrial 
facilities that also lower peak capacity demand. 
Subject to the apportionment 
pursuant to this subsection, the trust shall fund conservation 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 and heating energy costs by fossil 
fuel combustion in the State at the lowest cost in funds from the trust fund per 
unit of emissions; or 
COMMITTEE AMENDMENT 
,,:l 
COMM.ITIEEAMENDMENT'R"to H.P. 910, L.D. 1313 
(2) Reliably increase the efficiency with which energy in the State is consumed 
at the lowest cost in funds from the trust fund per unit of energy saved. 
Notwithstanding this paragraph, during fiscal years 2017-18 to 2019-20, the trust is 
not required to allocate 50% of the funds to residential programs and 50% of the 
funds to commercial and industrial programs and may instead allocate those funds to 
programs at the trust's discretion. 
Sec. 3. 35-A MRSA §10111, sub-§2, as amended by PL 2015, c. 425, §1, 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 those consumers who are 
eligible to receive funds from the natural gas conservation fund. The commission shall 
direct a gas utility that collects any portion of the assessment under this subsection from a 
customer that is a large-volume manufacturer to collect the assessment only on the first 
1,000,000 centum cubic feet of natural gas used by that manufacturer in each year. The 
limitation on the collection of the assessment from large-volume manufacturers may not 
affect the trust's determination of the amount necessary to capture all cost-effective 
energy efficiency that is achievable and reliable. 
The limitation does not limit the 
eligibility of a large-volume manufacturer to participate in a natural gas conservation 
program. 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. 
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 
retumed to consumers. 
For purposes of this subsection, "large-volume manufacturer" means a customer that is a 
gas utility ratepayer engaged in manufacturing in the State and purchases at least 
1,000,000 centum cubic feet of natural gas per year. 
Rules adopted by the commission under this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment replaces the bill. It requires the Efficiency Maine Trust to transfer 
$2,500,000 in fiscal year 2017-18, $2,500,000 in fiscal year 2018-19 and $1,000,000 in 
fiscal year 2019-20 from the Regional Greenhouse Gas Initiative Trust Fund to the Public 
Utilities Commission to disburse to certain energy-intensive manufacturers defined in 
COMMITTEE AMENDMENT 
COMMITIEEAMENDMENT"H"toH.P. 910,L.D.1313 
statute as affected customers. The amendment clarifies that disbursements to affected 
customers are to be made on a quarterly basis. It allows an affected customer to elect not 
to receive a disbursement for fiscal years 2017-18 to 2019-20, which would make that 
customer eligible to receive financial or other assistance from the Efficiency Maine Tmst 
from the Regional Greenhouse Gas Initiative Trust Fund. It provides the Efficiency 
Maine Trust with discretion in directing remaining regional greenhouse gas initiative 
funds to programs, instead of being required to allocate 50% of those funds to residential 
programs and 50% of those funds to commercial and industrial programs. Lastly, it limits 
the assessment under the natural gas conservation program on a large-volume 
manufacturer to be allowed only on the first 1,000,000 centum cubic feet of natural gas 
used by that manufacturer in each year, but specifies that this limitation does not limit the 
ability of a large-volume manufacturer from participating in a natural gas conservation 
program and it does not affect the determination of the trust on the total amount necessary 
to capture all cost-effective energy efficiency that is achievable and reliable. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Transfers 
Approved: 06/02/17 ::tPac:. 
LD 1313 
LR 152(02) 
An Act To Establish Energy Policy in Maine 
Fiscal Note for Bill as Amended by Committee Amendment 1F cf/- ~a~ 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Transfer from Efficiency Maine Trust 
FY 2017-18 
FY 2018-19 
Projections 
FY 2019-20 
Projections 
FY2020-21 
Other Special Revenue Funds 
($500,000) 
($500,000) 
$1,000,000 
$0 
Fiscal Detail and Notes 
Under current law $3,000,000 is scheduled for transfer from the Regional Greenhouse Gas Initiative Trust Fund 
(RGGI) to the Public Utilities Commission in fiscal years 2017-18 and 2018-19. This bill reduces those transfers by 
$500,000 to $2,500,000 in both fiscal years and adds a transfer of $1,000,000 in fiscal year 2019-20. This bill also 
gives the Efficiency Maine Trust discretion in fiscal years 2017-18 through 2019-20 to set the ratio of expenditures 
between residential programs and commercial and industrial programs instead of a set percentage. The bill also limits 
the natural gas conservation assessment on large-volume manufacturers to the first 1 million centum cubic feet of 
annual usage. While this change will decrease revenue to the Trust from this assessment, the total assessment will still 
be sufficient for its intended purpose. 
LR0152(02) - Fiscal Note - Page 1 of 1