Sec. GG-1. 30-A MRSA §4992-A, as enacted by PL 1991, c. 858, §1, is amended to read:
§4992-A. Fuel Assistance Reserve Fund
1. Fuel Assistance Reserve Fund. If funds are appropriated pursuant to this section, the authority shall use the funds to establish and capitalize the Fuel Assistance Reserve Fund. The authority shall keep the Fuel Assistance Reserve Fund, referred to in this section as the "fund," separate from all other funds managed by the authority and use the fund only under the conditions set forth in this section. The authority shall use the Fuel Assistance Reserve Fund to ensure that fuel assistance benefits for the State's eligible elderly and low-income residents are available prior to the beginning of the heating season.
2. Timely distribution of benefits. The authority shall make available to local program operators and municipal administrators of the fuel assistance program, by October 1st at the beginning of each state fiscal year, funds sufficient to cover anticipated fuel assistance payments and program administrative costs for at least the months of October, November and December July, August and September.
3. Conditional use of the fund. The authority's use of the fund is subject to the following conditions and limitations.
A. If the authority reasonably anticipates that federal fuel assistance block grant funds are not available for distribution to the local program operators and municipal administrators by October July 1st of each year, the authority shall withdraw and distribute sufficient money from the fund as is necessary for the purposes set forth in this section. The authority may withdraw funds prior to October 1st, provided that those funds are used only for costs incurred on or after October July 1st.
Money may not be withdrawn from the fund if sufficient block grant funds are available by October July 1st to pay reasonably anticipated fuel assistance program and administrative costs for the months of October, November and December July, August and September.
B. Money withdrawn from the fund must be sufficient to cover anticipated fuel assistance payments and fuel assistance program administrative costs for all local program operators and municipal administrators for the months of October, November and December July, August and September.
C. The fund may not be used if the authority reasonably anticipates that no federal fuel assistance money will be received.
D. The authority must receive prior written approval from the Federal Government that confirms that state funds withdrawn during a period from July 1st to September 30th may be reimbursed with federal fuel assistance funds received for the federal program year beginning in October of that same year.
4. Recapitalization. If money is withdrawn from the fund for the purposes of this section, the authority shall ensure that the fund is fully recapitalized before the end of the fiscal year in which the funds were appropriated. Recapitalization does not apply in any state fiscal year in which a working capital advance is provided.
5. Working capital advance. The State Controller may advance up to $10,000,000 from the General Fund unappropriated surplus beginning July 1, 2002 to the Fuel Assistance Reserve Fund during any state fiscal year, if requested in writing by the Director of the Maine State Housing Authority, to be used to provide cash necessary to ensure that fuel assistance benefits for the State's eligible elderly and low-income applicant households will be available prior to the beginning of the heating season. These funds must be allotted by financial order upon recommendation of the State Budget Officer and approval of the Governor. Subject to the availability of federal fuel assistance block grant funds, these funds must be returned to the General Fund before the close of the state fiscal year in which the advance was made. The State Controller shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs within 30 days of making any working capital advance for this purpose.
Sec. GG-2. Maine State Housing Authority shall study fixed-price home heating fuel contracts for fuel assistance recipients. The Maine State Housing Authority shall consult with the Maine Oil Dealers Association and Maine Community Action programs to determine if oil dealers are making fixed-price home heating fuel contracts available to fuel assistance recipients and if and when it is practical to make such contracts available to fuel assistance recipients. The authority shall submit a report with suggested legislation, if necessary, to the Joint Standing Committee on Business and Economic Development by January 15, 2002. The Joint Standing Committee on Business and Economic Development may report out legislation to the Second Regular Session of the 120th Legislature.
Sec. GG-3. Maine State Housing Authority shall identify funding for nonfederal share of weatherization program costs. Whenever it is required by the Federal Government, the Maine State Housing Authority in consultation with other affected state agencies that receive federal Department of Energy funding shall report 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 appropriations and financial affairs on identifying the most effective way to provide adequate funding of the 25% nonfederal share of weatherization program costs.
The authority shall identify the source or sources of the match necessary to meet this cost-sharing requirement. The authority shall identify an appropriate long-term funding solution.
Sec. GG-4. Maine State Housing Authority shall report on feasibility of establishing Office of Energy Conservation. The Maine State Housing Authority, with assistance from the State Planning Office, shall report to the joint standing committee of the Legislature having jurisdiction over business and economic development matters, 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 appropriations and financial affairs on the most cost-effective approaches to the following:
1. Providing a new comprehensive energy conservation plan for this State and updating it every 2 years;
2. Coordinating all state energy conservation programs;
3. Encouraging conservation of energy and development of this State's energy resources to assist citizens in surviving the winter heating season; and
4. Soliciting and incorporating advice and comment from affected stakeholders including representatives of the energy industry, utilities, energy conservation service providers, low-income households and environmental agencies.
This report must be submitted with accompanying legislation if necessary to the First Regular Session of the 120th Legislature by November 1, 2001.
Sec. GG-5. Maine State Housing Authority shall annually study percentage of Low-income Home Energy Assistance Program funds used for weatherization services. The Maine State Housing Authority shall investigate in April of 2002 and 2003 the possibility of increasing the percentage of Low-income Home Energy Assistance Program funds from 15% up to as high as 25% for weatherization services.
Sec. GG-6. State Planning Office shall conduct study regarding reduction of energy consumption. The State Planning Office shall conduct a study to determine whether this State can reduce its per capita residential energy consumption by 25% by 2011. Particular attention must be paid to low-income to moderate-income households that lack the financial and technical resources to identify energy conservation opportunities and to acquire the energy conservation goods and services needed to achieve significant savings. The State Planning Office shall report on requiring higher efficiency ratings for heating systems, appliances and energy building standards. The State Planning Office shall also analyze the possibility of requiring higher efficiency ratings for heating systems, appliances and energy building standards. The State Planning Office shall investigate the value of tax incentives for implementing measures identified in energy audits for energy conservation improvements for Maine citizens. The State Planning Office shall report to the joint standing committee of the Legislature having jurisdiction over business and economic development matters, the joint standing committee of the Legislature having jurisdiction over taxation matters, 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 appropriations and financial affairs on establishing Maine energy independence programs and financing mechanisms to achieve this goal. The State Planning Office shall submit a report with accompanying legislation to the Second Regular Session of the 120th Legislature by January 15, 2002.
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