An Act To Clarify Certain Standards for the Efficiency Maine Trust's Triennial Plan
Maine Legislature, Session 129, LD 1757
Committee Amendment CA_A_H539 (House)
Amends: 30-A MRSA §4706, 35-A MRSA §10104, 35-A MRSA §10111

COMMITTEE AMENDMENT "A" to H.P. 1251, L.D. 1757, Bill, "An Act To 
Clarify Certain Standards for the Efficiency Maine Trust's Triennial Plan" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is necessary that this legislation take effect prior to the start of the next 
fiscal year for the Efficiency Maine Trust to remove uncertainty and prevent market 
disruption for Maine contractors, vendors and customers; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 30-A MRSA §4706, sub-§2, ,O, as amended by PL 1993, c. 175, §3, is 
further amended to read: 
D. In any litigation or proceeding in which an authority is a party, the authority may 
introduce evidence based on any information that is deemed confidential and is 
within the control or custody of the authority; ood 
Sec. 2. 30-A MRSA §4706, sub-§2, ,rE, as enacted by PL 1993, c. 175, §4, is 
amended to read: 
E. 
Any person or agency directly involved in the administration or auditing of 
weatherization, energy conservation or fuel assistance programs of the Maine State 
Housing Authority and any agency of the State with a legitimate reason to know must 
be given access to those records described in subsection 1, paragraphs C and D.: and 
COMMITTEE AMENDMENT 
't\. cJ. s. 
COMMITTEEAMENDMENT'A"toH.P. 1251,L.D.1757 
Sec. 3. 30-A MRSA §4706, sub-§2, ~ 
is enacted to read: 
F. The Maine State Housing Authority may provide records to the Efficiency Maine 
Trust pursuant to Title 35-A. section 10104. subsection 4. paragraph A. subparagraph 
.(21' 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 35-A MRSA §10104, sub-§4, as amended by PL 2013, c. 369, Pt. A, 
§ § 10 to 13, is further amended to read: 
4. Triennial plan. The board shall vote on a detailed, triennial, energy efficiency, 
alternative energy resources and conservation plan that includes the quantifiable measmes 
ef performance metrics developed under subsection 3 and make a full report of the vote 
to the commission in accordance with this subsection. The triennial plan must provide 
integrated planning, program design and implementation strategies for all energy 
efficiency, alternative energy resources and conservation programs a<;lministered by the 
trust, including but not limited to the electric efficiency and conservation programs under 
section 10110, the natural gas efficiency and conservation programs under section 10111, 
the Regional Greenhouse Gas fuitiative Trust Fund under section 10109, the Heating 
Fuels Efficiency and Weatherization Fund under section 10119 and any state or federal 
funds or publicly directed funds accepted by or allocated to the trust for the purposes of 
this chapter. The triennial plan must include provisions for the application of appropriate 
program funds to support workforce development efforts that are consistent with and 
promote the purposes of the trust. Beginning January 1, 2011, the triennial plan must 
specify the appropriate participation of the State in national and regional carbon markets. 
The plan must be co11sistent with take into consideration the comprehensive state energy 
plan pursuant to Title 2, section 9, subsection 3, paragraph C. The plan must include, but 
is not limited to. efficiency and conservation program budget allocations, objectives. 
targets. performance metrics. program designs. program implementation strategies. 
timelines and other relevant information. 
A. The triennial plan must be developed by the trust, in consultation with entities and 
agencies engaged in delivering efficiency programs in the State, to authorize and 
govern or coordinate implementation of energy efficiency and weatherization 
programs in the State. The triennial plan must identify all the maximum achievable 
cost-effective energy efficiency savings, as defined by rule by the trust. and related 
programs that could be implemented pursuant to sections 10110 and 10111, the costs 
and benefits of such programs and the basis and support for such identified costs and 
benefits. The trust shall conduct an evaluation of all the maximum cost-effective 
potential for electrical and natural gas energy efficiency savings in the State at least 
once every $- J years. 
(1) Transmission and distribution utilities and natural gas utilities shall furnish 
data to the trust that the trust requests under this subsection to develop and 
implement the triennial plan or conduct the evaluation of all cost-effective 
potential for electrical and natural gas energy efficiency savings subject to such 
confidential treatment as a utility may request and the board determines 
appropriate pursuant to section 10106. 
The costs of providing the data are 
deemed reasonable and prudent expenses of the utilities and are recoverable in 
rates. 
COMMITTEE AMENDMENT 
i.d.~· 
COMMITTEE AMENDMENT ·A "to H.P. 1251, L.D. 1757 
(2) Unless prohibited by federal law, the Maine State Housing Authority and the 
Department of Health and Human Services shall furnish to the trust data 
pertaining to the identity, location and contact information, but not including 
income or asset information, of households that qualify for low-income 
programs, as determined necessary by the trust to develop and implement the 
triennial plan and to evaluate program effectiveness. Data received pursuant to 
this subparagraph is deemed to be received by the commission and is subject to a 
protective order issued by the commission pursuant to section 1311-A. 
B. In developing the triennial plan, the staff of the trust shall consult the board and 
provide the opportunity for the board to provide input on drafts of the plan. 
B-1. 
In developing the triennial plan, the trust shall provide the joint standing 
committee of the Legislature having jurisdiction over energy matters an opportunity 
to provide input on the plan, which may occur at the same time the trust consults with 
other entities in the development of the plan. 
C. The board shall review and approve the triennial plan by affirmative vote of 2/3 of 
the trustees upon a finding that the plan is consistent with the statutory authority for 
each source of funds that will be used to implement the plan, advances the state 
energy efficiency targets in paragraph F fffid~ reflects the best practices of program 
administration under subsection 2 and is consistent with the provisions of this section. 
The plan must inelude, but is not limited to, effieieney and eonservation program 
budget alloeations, objeetives, targets, measures of performanee, program designs, 
program implementation strategies, timelines and other rele:r;ant information. 
D. Prior to submission of the triennial plan to the commission, the trust shall offer to 
provide a detailed briefing on the draft plan to the joint standing committee of the 
Legislature having jurisdiction over energy matters and, at the request of the 
committee, shall provide such a briefing and opportunity for input from the 
committee. After providing such opportunity for input and making any changes as a 
result of any input received, the board shall deliver the plan to the commission for its 
review and approval. +he At the request of the trust or any party to the triennial plan, 
the commission shall open an adjudicatory proceeding and issue an order either 
approving the plan and issuing the appropriate orders to transmission and distribution 
utilities and gas utilities or rejeeting the plan and stating the reasons for the rejeetion 
to review the triennial plan. If an adjudicatory proceeding is not requested, the 
commission may use an adjudicatory proceeding or other process to review the 
triennial plan. The commission shall review the triennial plan to determine whether it 
will capture the maximum achievable cost-effective energy efficiency savings. In 
conducting the review, the commission shall defer to the trust's calculations of energy 
savings as long as the calculations were conducted consistent with rules of the trust 
and are supported by evidence in the record and the trust used a reasonable and 
transparent process to make the technical determinations necessary to make those 
calculations. The commission shall reject elements of the plan that propose to use 
funds generated pursuant to sections 3210-C, 10110, 10111 or 10119 if the plan fails 
to reasonably explain how these elements of the program would achieve the 
objectives and implementation requirements of the programs established under those 
sections or the measures of performance metrics under subsection 3. 
If the 
COMMITTEE AMENDMENT 
lt ti\. 
COMMITTEEAMENDMENT',A "toH.P.1251,L.D.1757 
commission approves the triennial plan. the commission shall issue the appropriate 
orders to transmission and distribution utilities and natural gas utilities for the 
procurement of energy efficiency resources identified within the plan pursuant to 
section 10110, subsection 4-A and section 10111, subsection 2. If the commission 
rejects the triennial plan, the commission shall issue an order stating the reasons for 
the rejection. Funds generated under these statutory authorities may not be used 
pursuant to the triennial plan unless those elements of the plan proposing to use the 
funds have been approved by the commission. The eommission shall approve all 
elements of the triennial plan it determines to be oost effective, reliable and 
achievable and shall ineorporate into gas utility and transmission and distribution 
rates sufficient re:r;enue to provide for the procurement of energy efficiency resourees 
idoo.tified 1.vithin the plan pursuant to section 10110, subsection 4 A and section 
10111, subseetion 2. The commission shall approve or reject the entire plan or 
elements of the plan within 120 days of its delivery to the commission. The board, 
within 30 days of final commission approval of its the triennial plan, shall submit the 
triennial plan to the joint standing committee of the Legislature having jurisdiction 
over energy matters together with any explanatory or other supporting material as the 
committee may request and, at the request of the committee, shall provide a detailed 
briefing on the final triennial plan. After receipt of the triennial plan, the joint 
standing committee of the Legislature having jurisdiction over energy matters may 
submit legislation relating to the triennial plan. 
E. The trust shall determine the period to be covered by the triennial plan except that 
the period of the plan may not interfere with the delivery of any existing contracts to 
provide energy efficiency services that were previously procured pursuant to 
efficiency and conservation programs administered by the commission. 
F. It is an objective of the triennial plan to design, coordinate and integrate sustained 
energy efficiency and weatherization programs that are available to all energy 
consumers in the State and to users of all fuel types. The plan must set forth the costs 
and benefits of energy efficiency programs that advance the following goals, and 
funding necessary to meet those goals: 
(1) Reducing energy costs, including residential heating costs; 
(2) Weatherizing substantially all homes whose owners or occupants are willing 
to participate in and share the costs of cost-effective home weatherization to a 
minimum standard ofweatherization, as defmed by the trust, by 2030; 
(3) Reducing peak-load demand for electricity through trust programs by 300 
megawatts by 2020; 
( 4) By 2020, achieving electricity and natural gas program savings of at least 
20% and heating fuel savings of at least 20%, as defmed in and determined 
pursuant to the measures of performance metrics approved by the commission 
under section 10120; 
(5) Creating stable private sector jobs providing alternative energy and energy 
efficiency products and services in the State by 2020; and 
COMMITTEE AMENDMENT 
' 
~.~~· 
COMMITTEEAMENDMENT"A "toH.P. 1251,L.D.1757 
(6) Redueing Contributing to the effort to reduce greenhouse gas emissions from 
the heating and eooling of buildings in the State by amounts consistent with the 
>'.fatB'1: Prn1l1: greenhouse gas emission levels established in Title 38, section 576. 
The trust shall preserve when possible and appropriate the opportwrity for earbon 
emission reduetions to be monsti:;,;ed and sold into a vohmta.zy earbon market. lilly 
program of the trust that supports weatheri:;,;ation of buildings must be Yoluntary and 
may not eonstitute a mandate that would prevent the sale of emission reduetions 
generated through weatheri:;,;ation measures into a Yoluntary earbon market. 
Exeept when speeifieally provided in the individual goals under this paragraph, the 
trust may eonsider ex.peeted savings from market effeets not attributable to the. trust 
as 1.vell as efforts by other organi:;,;ations. ineluding but not limited to federally fimded 
low inooms weatheri:;,;ation programs. 
As used in this paragraph, "heating fuel" means liquefied petroleum gas, kerosene or 
#2 heating oil, but does not include fuels when used for industrial or manufacturing 
processes. 
G. After the triennial plan is approved. the trust or any party to the triennial plan may 
petition for. or the commission may initiate on its own. consideration of revising the 
calculations of avoided energy costs used in the determination of maximum 
achievable cost-effective energy efficiency resources pursuant to section 10110. 
subsection 4-A or section 10111. subsection 2 upon a showing that. subsequent to the 
publication of the avoided energy cost study relied upon. changes in price forecasts 
would result in more than a 25% change in the value of avoided energy cost affecting 
a significant portion of the program activity in the triennial plan.' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 35-A MRSA §10111, sub-§2, as amended by PL 2017, c. 358, §1, is 
further amended to read: 
2. 
Natural gas conservation fund; procurement 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 eaeh gas utility, in aeeordanee with the 
triennial plan, an amount neeessary to eapture all east effeetive energy efficiency that is 
aehie1,rable and reliable for those eonsumers 1.vho are eligible to reeeive fimds from the 
natural gas eonservation fimd ensure that gas utilities on behalf of their ratepayers 
procure through the trust the maximum achievable cost-effective natural gas energy 
efficiency and conservation resources pursuant to section 10104. subsection 4. 
The 
commission may issue any appropriate order to the gas utilities necessary to achieve the 
goals of this subsection. including the collection of funds for the procurement of cost-
effective energy efficiency resources. The commission shall direct a gas utility that 
collects any portion of the assessment funds under this subsection from a customer that is 
a large-volume manufacturer and large-volume agricultural business to collect the 
assessment funds only on the first 1,000,000 centum cubic feet of natural gas used by that 
manufacturer or agricultural business in each year. The limitation on the collection of the 
assessment funds from large-volume manufacturers and large-volume agricultural 
businesses 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 
COMMITTEE AMENDMENT 
... {!.$, 
COMMITTEE AMENDMENT "A" to H.P. 1251, L.D. 1757 
limit prohibit the eligibility of a large-volume manufacturer or large-volume agricultural 
business 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 eharged to funds collected from 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 subseetion. 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. 
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. For purposes of this subsection, 
"large-volume agricultural business" means a customer that is a gas utility ratepayer that 
purchases at least 1,000,000 centum cubic feet of natural gas per year and is engaged in 
the commercial growing or harvesting of plants or commercial aquaculture, as defined in 
Title 12, section 6001, subsection 1, in the State. 
When determining the maximum achievable cost-effective natural gas energy efficiency 
resources, the commission shall apply the discount rate adopted by the trust and ensure 
that the calculations of avoided energy costs are consistent with rules adopted by the trust 
and are supported by evidence in the record. A voided energy costs must include but are 
not limited to the retail value of natural gas supply including a wholesale risk premium 
and demand reduction induced price effects. The trust shall use, and the commission 
shall give deference to, values for each element of avoided energy cost from a regional 
avoided energy cost study as long as the analysis has been developed through a 
transparent process, with input from state agencies, public advocates, utilities or energy 
efficiency administrators from at least 3 other states in New England and the analysis has 
been published not more than 24 months prior to the trust's filing of the triennial plan. 
When values specific to the State are not available in the regional study, the trust may 
use, and the commission shall give deference to, regional values provided in that regional 
study or values determined from other sources when supported by evidence in the record. 
Rules adopted by the commission under this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by inserting after section 9 the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
It~ s. 
COMMITTEE AMENDMENT ·A "to H.P. 1251, L.D. 1757 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It adds language to clarify the provision in the bill regarding the requirement for 
the Maine State Housing Authority and the Department of Health and Human Services to 
provide data to the Efficiency Maine Trust. 
2. It provides that the Public Utilities Commission is required to conduct an 
adjudicatory proceeding to review the triennial plan if requested by the Efficiency Maine 
Trust or any party to the triennial plan; otherwise, the commission may use an 
adjudicatory proceeding or other process to complete the review. 
3. It makes other technical changes to clarify language. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/07/19 :f!:Pac:.. 
LD 1757 
LR 1639(02) 
An Act To Clarify Certain Standards for the Efficiency Maine Trust's Triennial Plan 
Fiscal Note for Bill as Amended by Committee Amendment {J, (/J-5 J?) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Efficiency Maine Trust or the Public Utilities Commission as a result of changes to the 
criteria for developing or implementing the triennial plan are anticipated to be minor and can be absorbed within 
existing budgeted resources. 
Any additional costs to the Department of Health and Human Services and the Maine State Housing Authority from 
the provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources. 
LR1639(02) - Fiscal Note- Page 1 of 1