CHAPTER 645
S.P. 790 - L.D. 1948
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1415-C, sub-§1, as amended by PL 1991, c. 246, §7, is repealed.
Sec. 2. 10 MRSA §1415-C, sub-§1-A, as enacted by PL 1991, c. 246, §8, is repealed.
Sec. 3. 10 MRSA §1415-C, sub-§2, as enacted by PL 1987, c. 818, §4, is repealed.
Sec. 4. 10 MRSA §1415-C, sub-§3, as amended by PL 2003, c. 151, §4, is further amended to read:
3. Multifamily structures. Effective January 1, 2004, in addition to conforming to the requirements of this section, any new construction or renovation of a conditioned space in any residential building of more than 2 dwelling units must conform to ASHRAE Standard 62-2001 and ASHRAE Standard 90.1, 2001 90.1-2001. For the purposes of this subsection, compliance with the 2003 edition of the International Energy Conservation Code published by the International Code Council constitutes compliance with ASHRAE Standard 90.1-2001.
Sec. 5. 10 MRSA §1415-D, first ¶, as amended by PL 2003, c. 151, §5, is further amended to read:
Except as provided in this section, new construction or substantial renovation of any commercial or institutional building undertaken after January 1, 2004 must conform to ASHRAE Standard 62-2001 and ASHRAE Standard 90.1-2001 under any of the compliance methods specified in the standards. For the purpose of this section compliance with the 2003 edition of the International Energy Conservation Code published by the International Code Council constitutes compliance with ASHRAE Standard 90.1-2001. For the purpose of this section, "substantial renovation" means any renovation for which the cost exceeds 50% of the building's current value prior to renovation.
Sec. 6. 35-A MRSA §121 is enacted to read:
1. Development; rules. The commission shall adopt by rule a model building energy code, including a ventilation code, that is consistent with any other model building codes adopted by the State and with the building energy standards established in Title 10, section 1415-C, subsection 3 and section 1415-D. The commission shall ensure that the model code is not inconsistent with any other applicable state code or standard, including, but not limited to, any fire safety code, plumbing code, oil and solid fuel equipment standard, propane and natural gas equipment standard or boiler and pressure vessel standard.
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
2. Model code. After the effective date of rules adopted pursuant to subsection 1, a municipality may not adopt a building energy code other than the model building energy code. Nothing in this section requires a municipality to adopt a building energy code. A municipality that has a building energy code in effect prior to the effective date of the rules may continue to keep that code, but if the municipality replaces its energy code it must adopt the model building energy code.
Sec. 7. Commission investigation. The Public Utilities Commission shall examine compliance and enforcement alternatives designed to ensure that residential and commercial buildings are constructed in conformance with statutory building energy codes. In particular, the commission shall examine the funding level and resources required for effective enforcement; possible sources of enforcement funding; which public or private entities could be charged with enforcement authority; the sanctions that could be imposed for violations; the effectiveness of different enforcement alternatives; and means by which energy code enforcement can be integrated with the enforcement of other building codes. In conducting its examination, the commission shall examine compliance and enforcement alternatives used in other states.
The commission shall report the results of its examination, together with any proposed legislation, to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters by December 31, 2004. The commission's analysis must present the advantages and disadvantages of implementing the examined enforcement alternatives in this State.
Sec. 8. Authority to report legislation. The joint standing committee of the Legislature having jurisdiction over utilities and energy matters may report out legislation to the First Regular Session of the 122nd Legislature concerning building energy codes, including but not limited to legislation concerning the application of the model building energy code adopted by rule by the Public Utilities Commission and the enforcement of state building energy standards.
Sec. 9. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 10, section 1415-C, subsections 1, 1-A and 2 take effect 90 days after the adjournment of the First Regular Session of the 122nd Legislature.
See title page for effective date, unless otherwise indicated.
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