An Act To Allow the Efficiency Maine Trust To Provide Support for New Home Construction
Maine Legislature, Session 129, LD 1398
Committee: Energy, Utilities and Technology
Sponsors: INGWERSEN, ALLEY, DOUDERA, MAXMIN, MEYER
Amends: 35-A MRSA §10110

Legislative Document
No. 1398
H.P. 1013
House of Representatives, March 26, 2019
An Act To Allow the Efficiency Maine Trust To Provide Support for 
New Home Construction
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative INGWERSEN of Arundel.
Cosponsored by Representatives: ALLEY of Beals, DOUDERA of Camden, MAXMIN of 
Nobleboro, MEYER of Eliot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §10110, sub-§2, as amended by PL 2017, c. 414, §2, is 
further amended to read:
2.  Programs.  The trust shall develop and implement conservation programs to help 
reduce energy costs for electricity consumers in the State by the maximum amount 
possible.  The trust shall establish and, on a schedule determined by the trust, revise 
objectives and an overall energy strategy for conservation programs.  Conservation 
programs implemented by the trust must be consistent with the objectives and an overall 
energy strategy developed by the trust and approved by the commission and be cost-
effective, as defined by the board by rule.  In defining "cost-effective," the board may 
consider the extent to which a program promotes sustainable economic development or 
reduces environmental damage to the extent the board can quantify or otherwise 
reasonably identify such effects.  Consistent with the other requirements of this section, 
the trust, in adopting and implementing conservation programs, shall seek to encourage 
efficiency in electricity use, provide incentives for the development of new, energy-
efficient business activity in the State and take into account the costs and benefits of 
energy efficiency and conservation to existing business activity in the State.  The trust 
shall ensure that conservation programs for residential consumers provide support for 
energy efficiency or conservation measures in new homes as well as in retrofits or 
improvements of existing homes.
A.  The trust shall consider, without limitation, conservation programs that:
(1)  Increase consumer awareness of cost-effective options for conserving energy;
(2)  Create more favorable market conditions for the increased use of energy-
efficient products and services;
(3)  Promote sustainable economic development and reduce environmental 
damage; 
(4)  Reduce the price of electricity over time for all consumers by achieving 
reductions in demand for electricity during peak use periods; and
(5)  Reduce total energy costs for electricity consumers in the State by increasing 
the efficiency with which electricity is consumed.
B.  The trust, with regard to funds available to the trust under this section, shall:
(1)  Target at least 10% of funds for electricity conservation collected under 
former subsection 4 or subsection 4-A or $2,600,000, whichever is greater, to 
programs for low-income residential consumers, as defined by the board by rule;
(2)  Target at least 10% of funds for electricity conservation collected under 
former subsection 4 or subsection 4-A or $2,600,000, whichever is greater, to 
programs for small business consumers, as defined by the board by rule; and
(3)  To the greatest extent practicable, apportion remaining funds among 
customer groups and geographic areas in a manner that allows all other customers 
to have a reasonable opportunity to participate in one or more conservation 
programs.
C.  The trust 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 conservation programs or the objectives and overall strategy for 
conservation programs.
D.  The trust shall monitor conservation planning and program development activities 
in the region and around the country.
E.  The trust shall implement conservation programs by contracting with service 
providers in accordance with subsection 3.
F.  The trust shall monitor and evaluate the delivery of conservation programs by 
service providers and assess the cost-effectiveness of programs in meeting the 
objectives and overall strategy established by the trust.
G.  The trust, to the extent possible, shall coordinate its efforts with other agencies of 
the State with energy-related responsibilities.
H.  The trust shall secure sufficient technical and administrative expertise to carry out 
its responsibilities pursuant to this section by:
(1)  Contracting with appropriate entities with relevant expertise and experience;
(2)  Establishing one or more advisory groups composed of persons with relevant 
expertise and experience; or
(3)  Any other reasonable means developed by the trust.
I.  The trust may coordinate its efforts under this section with similar efforts in other 
states in the northeast region and enter into agreements with public agencies or other 
entities in or outside of the State for joint or cooperative conservation planning or 
conservation program delivery, if the trust finds that such coordination or agreements 
would provide demonstrable benefits to citizens of the State and be consistent with 
this section, the conservation programs and the objectives and overall strategy for the 
conservation programs.
J.  The trust shall encourage school facility managers to complete an energy 
efficiency training and certification program established and conducted by the trust 
under this section.  To the extent the trust determines necessary and appropriate to 
meet the goals of this paragraph, the trust may, in accordance with the requirements 
of this section, establish incentive mechanisms to encourage participation in this 
program.  For purposes of this paragraph, "school facility managers" means persons 
employed by school administrative units in this State who are responsible for the 
design or operation of school administrative unit facilities or the heating, ventilation 
or air conditioning systems or equipment used in such facilities.
K.  The trust shall provide programs developed in partnership with energy providers, 
such as transmission and distribution utilities, to provide consumers with information 
on energy options to promote energy efficiency and increased use of alternative 
energy resources in the State.
L.  Pursuant to section 3214, subsection 2-A, the trust shall work with investor-
owned transmission and distribution utilities, consumer-owned transmission and 
distribution utilities that elect to participate in an arrearage management program 
pursuant to section 3214, subsection 2-A and other stakeholders to provide access to 
a complementary low-income energy efficiency program for participants in the 
arrearage management programs in order to help reduce participants' energy 
consumption.
This paragraph is repealed September 30, 2021.
SUMMARY
This bill provides that the Efficiency Maine Trust must ensure that conservation 
programs for residential consumers provide support for energy efficiency or conservation 
measures in new homes not just in retrofits or improvements of existing homes.