2 ME Rev Stat § 9 (2021)
2021 Maine Revised Statutes|TITLE 2: EXECUTIVE|Chapter 1: GOVERNOR|2 §9. Governor's Energy Office

 §9. Governor's Energy Office 1.  Office established.  The Governor's Energy Office, referred to in this section as "the office," is established in the Executive Department to carry out responsibilities of the State relating to energy resources, planning and development. The office is directly responsible to the Governor.   [PL 2011, c. 655, Pt. MM, §1 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).] 2.  Director.  The office is under the control and supervision of the Director of the Governor's Energy Office, referred to in this section as "the director." The director is appointed by the Governor and serves at the pleasure of the Governor.   [PL 2011, c. 655, Pt. MM, §1 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).] 2-A.  Funding.  The office is funded in accordance with this subsection.   A. The office is funded by federal funds that are available to and received by the office. Such federal funds may be applied to support the personal services and all other costs of the office.   [PL 2011, c. 655, Pt. MM, §2 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).]B. To the extent federal funds are inadequate to meet the funding needs of the office, the office may receive funds from the Efficiency Maine Trust, established in Title 35‑A, chapter 97, but only for that portion of the office's activities that support or reasonably relate to programs or activities of the Efficiency Maine Trust. The director 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 Efficiency Maine 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 subsection 3, paragraph C-1. 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 the Efficiency Maine Trust funds to support the office. In accordance with any legislative allocation or deallocation of Efficiency Maine Trust funds to support the office, the director shall request from the Efficiency Maine Trust and the trust shall provide the allocated resources to the office.   [PL 2013, c. 415, §1 (AMD).]C. Any additional funding of the office must be provided from the General Fund or other available resources.   [PL 2011, c. 655, Pt. MM, §2 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).][PL 2013, c. 415, §1 (AMD).] 3.  Duties.  The director is responsible for the execution of the duties of the office. The director shall:   A. Serve as a member of the Efficiency Maine Trust Board, established under Title 5, section 12004‑G, subsection 10‑C;   [PL 2009, c. 372, Pt. H, §2 (AMD).]B. In collaboration with the relevant state agencies, coordinate state energy policy and actively foster cooperation with the Efficiency Maine Trust, established in Title 35‑A, chapter 97;   [PL 2009, c. 372, Pt. H, §2 (AMD).]C. In consultation with the Efficiency Maine Trust Board, established in Title 5, section 12004‑G, subsection 10‑C, prepare and submit a comprehensive state energy plan to the Governor and the Legislature by January 15, 2009 and submit an updated plan every 2 years thereafter. Within the comprehensive state energy plan, the director shall identify opportunities to lower the total cost of energy to consumers in this State and transmission capacity and infrastructure needs and recommend appropriate actions to lower the total cost of energy to consumers in this State and facilitate the development and integration of new renewable energy generation within the State and support the State's renewable resource portfolio requirements specified in Title 35‑A, section 3210 and wind energy development goals specified in Title 35‑A, section 3404. The comprehensive state energy plan must include a section that specifies the State's progress in meeting the oil dependence reduction targets in subsection 5. The office shall make recommendations, if needed, for additional legislative and administrative actions to ensure that the State can meet the reduction targets in subsection 5. The recommendations must include a cost and resource estimate for technology development needed to meet the reduction targets.   (1) Beginning in 2015, the update to the plan must:   (a) Be submitted to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters and the joint standing committee of the Legislature having jurisdiction over natural resources matters;   (b) Address the association between energy planning and meeting the greenhouse gas reduction goals in the state climate action plan pursuant to Title 38, section 577. The director shall consult with the Department of Environmental Protection in developing this portion of the plan;   (c) Include a section devoted to wind energy development, including:   (i) The State's progress toward meeting the wind energy development goals established in Title 35‑A, section 3404, subsection 2, including an assessment of the likelihood of achieving the goals and any recommended changes to the goals;   (ii) Examination of the permitting process and any recommended changes to the permitting process;   (iii) Identified successes in implementing the recommendations contained in the February 2008 final report of the Governor's Task Force on Wind Power Development created by executive order issued May 8, 2007;   (iv) A summary of tangible benefits provided by expedited wind energy developments, including, but not limited to, documentation of community benefits packages and community benefit agreement payments provided;   (v) A review of the community benefits package requirement under Title 35‑A, section 3454, subsection 2, the actual amount of negotiated community benefits packages relative to the statutorily required minimum amount and any recommended changes to community benefits package policies;   (vi) Projections of wind energy developers' plans, as well as technology trends and their state policy implications;   (vii) Recommendations, including, but not limited to, identification of places within the State's unorganized and deorganized areas for inclusion in the expedited permitting area established pursuant to Title 35‑A, chapter 34‑A and the creation of an independent siting authority to consider wind energy development applications;   (d) Include a description of activities undertaken pursuant to paragraph H; and   (e) Include a description of the State's activities relating to the expansion of natural gas service, any actions taken by the office to expand access to natural gas in the State and any recommendations for actions by the Legislature to expand access to natural gas in the State.   The joint standing committee of the Legislature having jurisdiction over utilities and energy matters may report out legislation by February 1st of each odd-numbered year relating to the content of the plan. The joint standing committee of the Legislature having jurisdiction over natural resources matters may make recommendations regarding that legislation to the joint standing committee of the Legislature having jurisdiction over energy matters.   [PL 2013, c. 541, §1 (AMD).]C-1. By January 15th of each year, prepare and submit to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters an annual report that describes the activities of the office during the previous calendar year in carrying out its duties under this subsection and describes the State's progress in implementation of the state energy plan prepared pursuant to paragraph C and its annual accounting pursuant to subsection 2‑A, paragraph B. After receipt and review of the annual report required under this paragraph, the joint standing committee of the Legislature having jurisdiction over utilities and energy matters may submit legislation relating to energy policy;   [PL 2013, c. 415, §3 (AMD).]D. In collaboration with other relevant state agencies, private industry and nonprofit organizations, collect and analyze energy data, including, but not limited to, data on energy supply, demand and costs in this State with consideration of all available energy sources;   [PL 2007, c. 656, Pt. C, §1 (NEW).]E. Coordinate the dissemination of energy information to the public and the media;   [PL 2007, c. 656, Pt. C, §1 (NEW).]F. Provide technical assistance and information to the Governor and the Legislature regarding the State's short-range and long-range energy needs and the resources to meet those needs;   [PL 2007, c. 656, Pt. C, §1 (NEW).]G. Seek, accept and administer funds from public and private sources and develop partnerships with public and private entities to support the goals of the office, including, but not limited to, promoting energy efficiency, demand-side management and distributed generation;   [PL 2011, c. 655, Pt. MM, §3 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).]H. Work with transmission and distribution utilities, state agencies involved in the permitting of energy generation facilities and other relevant entities to negotiate agreements that create value for electricity consumers with developers of renewable generation who are interested in building energy generation facilities or developing or utilizing energy transmission infrastructure in this State. This paragraph does not authorize the director to be a signatory to any such agreement unless that authority is otherwise granted by law.   [PL 2013, c. 415, §4 (AMD).]I. Monitor energy transmission capacity planning and policy affecting this State and the regulatory approval process for the development of energy infrastructure pursuant to Title 35‑A, section 122 and make recommendations to the Governor and the Legislature as necessary for changes to the relevant laws and rules to facilitate energy infrastructure planning and development; and   [PL 2007, c. 656, Pt. C, §1 (NEW).]J. Take action as necessary to carry out the goals and objectives of the state energy plan prepared pursuant to paragraph C including lowering the total cost of energy to consumers in this State.   [PL 2011, c. 55, §2 (AMD).][PL 2013, c. 541, §1 (AMD).] 4.  Advice to state agencies.  The director shall advise state agencies regarding energy-related principles for agencies to consider, along with the laws and policies governing those agencies, in conjunction with the sale, lease or other allowance for use of state-owned land or assets for the purpose of development of energy infrastructure. For the purposes of this subsection, "state-owned" and "energy infrastructure corridor" have the same meanings as in Title 35-A, section 122, subsection 1. At a minimum, the director shall consider the following principles in advising state agencies under this subsection:   A. The principles for the determination of the long-term public interest of the State as specified in Title 35‑A, section 122, subsection 1-D, paragraph B;   [PL 2009, c. 655, Pt. C, §2 (NEW).]B. Avoiding wherever possible the use of lands subject to the provisions of the Constitution of Maine, Article IX, Section 23;   [PL 2009, c. 655, Pt. C, §2 (NEW).]C. Maximizing the benefit realized from the State's strategic location within New England and the northeastern region; and   [PL 2009, c. 655, Pt. C, §2 (NEW).]D. Complying with the provisions of the memorandum of agreement between the Maine Turnpike Authority and the Department of Transportation under Title 35‑A, section 122, subsection 1-C, when applicable.   [PL 2009, c. 655, Pt. C, §2 (NEW).]Nothing in this subsection alters any of the responsibilities or limits any of the authority of the Department of Administrative and Financial Services, Bureau of General Services pursuant to Title 5. Nothing in this subsection alters or limits the ability of departments or agencies of the State, along with the Bureau of General Services pursuant to Title 5, to generate or cogenerate energy at state facilities for use on site and elsewhere.   [PL 2009, c. 655, Pt. C, §2 (NEW).] 5.  Oil dependence reduction plan.  The office, with input from stakeholders and in consultation with the Efficiency Maine Trust, shall develop a plan to reduce the use of oil in all sectors of the economy in this State. The plan must:   A. Be designed to achieve the targets of reducing the State's consumption of oil by at least 30% from 2007 levels by 2030 and by at least 50% from 2007 levels by 2050;   [PL 2011, c. 400, §2 (NEW).]B. Focus on near-term policies and infrastructure changes that set the State on a reasonable trajectory to meet the 2030 and 2050 targets in paragraph A;   [PL 2011, c. 400, §2 (NEW).]C. Prioritize the improvement of energy efficiency and the transition to the use of alternative energy sources for heating and transportation; and   [PL 2011, c. 400, §2 (NEW).]D. Draw on existing state data and studies rather than new analyses, including, but not limited to, analyses and data from the State's climate action plan pursuant to Title 38, section 577 and the progress updates to the climate action plan under Title 38, section 578, the comprehensive state energy plan pursuant to subsection 3, paragraph C, the Efficiency Maine Trust's triennial plan pursuant to Title 35‑A, section 10104, subsection 4 and analyses completed by the Federal Government, nonprofit organizations and other stakeholders.   [PL 2011, c. 400, §2 (NEW).][PL 2011, c. 400, §2 (NEW).] 6.  Maine Energy Resources Development Program.  The Maine Energy Resources Development Program, referred to in this subsection as "the program," is established to promote energy research and demonstration activities related to both the use of indigenous, renewable resources and more efficient use of energy. The office, as funding allows, shall administer the program. The director may accept private money for the purpose of funding the program.   A. The director shall include, in the comprehensive state energy plan under subsection 3, paragraph C, a report that specifies, in regard to the program, the expenditure of program funds, the purposes for which the funds were used and the amount of the funds and the sources from which the funds were derived.   [PL 2011, c. 655, Pt. MM, §4 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).]B. For all proposed program expenditures of $10,000 or more, the director shall seek approval for those expenditures from the Governor. If the Governor approves, the director shall seek approval for those expenditures from the Legislature under the procedures authorizing the transfer of funds set forth in Title 5, section 1585.   [PL 2011, c. 655, Pt. MM, §4 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).][PL 2011, c. 655, Pt. MM, §4 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).] 7.  Reporting of petroleum inventories and deliveries.  The following provisions govern the reporting of petroleum inventories and deliveries.   A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings:   (1) "Petroleum product" means propane; gasoline; unleaded gasoline; gasohol; kerosene; #2 heating oil; diesel fuel; kerosene-based jet fuel; aviation gasoline; #4, #5 and #6 residual oil for utility and nonutility uses; and Bunker C oil;   (2) "Primary storage facility" means a facility that receives petroleum products into the State by pipeline or by ship; and   (3) "Primary supplier" means a refiner, marketer, distributor, firm or person who makes the first sale of any petroleum product to resellers or consumers in this State.   [PL 2011, c. 655, Pt. MM, §4 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).]B. Each owner or lessee of a primary storage facility in the State shall make an accurate report of petroleum inventories and deliveries on the first and 3rd Monday of each month to the office on a form provided by the director. The form must contain a conspicuous statement of the penalties provided in paragraph D and must require, with regard to the owner's or lessee's primary storage facility, the following information:   (1) The total inventory of each petroleum product stored in the State, as measured within not more than 3 working days prior to the reporting date; and   (2) The quantities of each petroleum product delivery expected into the State within 15 days of the reporting date or within any longer period established by the director.   [PL 2011, c. 655, Pt. MM, §4 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).]C. Each primary supplier of petroleum products shall make an accurate report of actual and anticipated deliveries on the 3rd Monday of each month to the office on a form provided by the director, unless the report is already being submitted in accordance with federal regulations. The form must contain a conspicuous statement of the penalties provided in paragraph D and must require the following information:   (1) Actual deliveries of all petroleum products in this State during the preceding calendar month;   (2) Anticipated deliveries of all petroleum products in this State during the following calendar month or during any longer period established by the director; and   (3) Allocation fractions for all petroleum products for the following month or for any longer period established by the director.   [PL 2011, c. 655, Pt. MM, §4 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).]D. A person who violates this subsection is subject to the following penalties.   (1) An owner or lessee of a primary storage facility or a primary supplier who fails to provide the information required by this subsection commits a Class D crime. Violation of this subparagraph is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.   (2) An owner or lessee of a primary storage facility or a primary supplier who knowingly or recklessly supplies false or misleading information is guilty of a violation of Title 17‑A, section 453. An owner or lessee of a primary storage facility who supplies false or misleading information commits a civil violation for which a fine of $2,500 may be adjudged.   [PL 2011, c. 655, Pt. MM, §4 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).]E. The office shall provide reports to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters as follows:   (1) If the office determines, based on available information, that there is or may be a significant shortfall in supply inventories or anticipated deliveries into the State of home heating oil or kerosene, the office shall provide a report including:   (a) The information that suggests a supply shortfall;   (b) Current and anticipated inventories of home heating oil and kerosene storage supplies;   (c) Any recommendations of the office for actions by the State in response to the anticipated supply shortfall; and   (d) A report on inventories, deliveries, curtailments, shortfalls or other matters relating to the availability of petroleum products in this State, at the request of the joint standing committee of the Legislature having jurisdiction over utilities and energy matters.   [PL 2011, c. 655, Pt. MM, §4 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).][PL 2011, c. 655, Pt. MM, §4 (NEW); PL 2011, c. 655, Pt. MM, §26 (AFF).] SECTION HISTORY PL 2007, c. 656, Pt. C, §1 (NEW). PL 2009, c. 372, Pt. H, §§1, 2 (AMD). PL 2009, c. 655, Pt. C, §§1, 2 (AMD). RR 2011, c. 2, §1 (COR). PL 2011, c. 55, §§1, 2 (AMD). PL 2011, c. 400, §§1, 2 (AMD). PL 2011, c. 655, Pt. MM, §§1-4 (AMD). PL 2011, c. 655, Pt. MM, §26 (AFF). PL 2013, c. 415, §§1-4 (AMD). PL 2013, c. 541, §1 (AMD).