An Act To Allow for Greater Flexibility in Addressing Energy Efficiency Needs in the State
Maine Legislature, Session 129, LD 0398
Committee: Energy, Utilities and Technology
Sponsors: KESSLER, CLAXTON, ACKLEY, BERRY, CAIAZZO, GROHOSKI, HANLEY, RILEY, RISEMAN
Amends: 35-A MRSA §10109

Legislative Document
No. 398
H.P. 307
House of Representatives, January 29, 2019
An Act To Allow for Greater Flexibility in Addressing Energy 
Efficiency Needs in the State
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative KESSLER of South Portland.
Cosponsored by Senator CLAXTON of Androscoggin and
Representatives: ACKLEY of Monmouth, BERRY of Bowdoinham, CAIAZZO of 
Scarborough, GROHOSKI of Ellsworth, HANLEY of Pittston, RILEY of Jay, RISEMAN of 
Harrison.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §10109, sub-§4, ¶A, as amended by PL 2017, c. 282, §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
(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.
SUMMARY
This bill removes the provision that requires the Efficiency Maine Trust to allocate 
50% of the funds in the Regional Greenhouse Gas Initiative Trust Fund for residential 
programs and 50% for commercial and industrial programs.