An Act To Create the Maine Energy Office
Sec. 1. 2 MRSA §9, as amended by PL 2013, c. 415, §§1 to 4 and c. 541, §1, is repealed.
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:
(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.
(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 of weatherization, as defined 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 defined in and determined pursuant to the measures of performance 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
(6) Reducing greenhouse gas emissions from the heating and cooling of buildings in the State by amounts consistent with the State's goals established in Title 38, section 576.
The trust shall preserve when possible and appropriate the opportunity for carbon emission reductions to be monetized and sold into a voluntary carbon market. Any program of the trust that supports weatherization of buildings must be voluntary and may not constitute a mandate that would prevent the sale of emission reductions generated through weatherization measures into a voluntary carbon market.
Except when specifically provided in the individual goals under this paragraph, the trust may consider expected savings from market effects not attributable to the trust as well as efforts by other organizations, including but not limited to federally funded low-income weatherization 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.
Sec. 3. 35-A MRSA Pt. 9 is enacted to read:
MAINE ENERGY OFFICE
MAINE ENERGY OFFICE
§ 10201. Definitions
As used in this Part, unless the context otherwise indicates, the following terms have the following meanings.
§ 10202. Office established
§ 10203. Commissioner; deputy commissioner; staff
The office is under the control and supervision of the Commissioner of the Maine Energy Office, who reports directly to the Governor.
§ 10204. Funding
The office is funded in accordance with this section.
§ 10205. Powers and duties of commissioner
The commissioner is responsible for the execution of the duties of the office. The commissioner shall:
(1) 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;
(2) 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 commissioner shall consult with the Department of Environmental Protection in developing this portion of the plan;
(3) Include a section devoted to wind energy development, including:
(a) The State's progress toward meeting the wind energy development goals established in section 3404, subsection 2, including an assessment of the likelihood of achieving the goals and any recommended changes to the goals;
(b) Examination of the permitting process and any recommended changes to the permitting process;
(c) 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;
(d) 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;
(e) A review of the community benefits package requirement under 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;
(f) Projections of wind energy developers' plans, as well as technology trends and their state policy implications;
(g) 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 chapter 34-A and the creation of an independent siting authority to consider wind energy development applications;
(4) Include a description of activities undertaken pursuant to subsection 8; and
(5) 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.
§ 10206. Advice to state agencies
The commissioner 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 section, "state-owned" and "energy infrastructure corridor" have the same meanings as in section 122, subsection 1. At a minimum, the commissioner shall consider the following principles in advising state agencies under this subsection:
Nothing in this section 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 section 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.
§ 10207. Oil dependence reduction plan
The office, with input from stakeholders and in consultation with the trust, shall develop a plan to reduce the use of oil in all sectors of the economy in this State. The plan must:
§ 10208. Maine Energy Resources Development Program
The Maine Energy Resources Development Program, referred to in this section 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 commissioner may accept private funds for the purpose of funding the program.
§ 10209. Reporting of petroleum inventories and deliveries
The following provisions govern the reporting of petroleum inventories and deliveries.
(1) The information that suggests a supply shortfall;
(2) Current and anticipated inventories of home heating oil and kerosene storage supplies; and
(3) Any recommendations of the office for actions by the State in response to the anticipated supply shortfall; and
Sec. 4. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 35-A, in the title headnote, the words "public utilities" are amended to read "public utilities and energy" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 5. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "governor's energy office" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "maine energy office" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
1. Renames the Governor's Energy Office the Maine Energy Office. It repeals the language in the Maine Revised Statutes, Title 2 that establishes the office and establishes it instead in Title 35-A, expands the headnote for Title 35-A and places the office under the control and supervision of a commissioner, rather than a director;
2. Establishes in the Maine Energy Office a position of deputy commissioner, to be appointed by the Governor, subject to confirmation by the Senate; and
3. Specifies that an amount equal to $300,000 from the Efficiency Maine Trust must be transferred annually to the Maine Energy Office.