CHAPTER 487
S.P. 233 - L.D. 669
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, in order to provide adequate time for a study of vital energy-related matters prior to the beginning of the next legislative session, this Act must take effect immediately; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §3327, sub-§3, as enacted by PL 2001, c. 630, §1, is amended to read:
3. Quarterly meetings; staff; funding. The council shall meet at least quarterly. The council shall prepare a work program for each year establishing priorities among its efforts. The State Planning Office, within the Executive Department, shall provide staff support. Each member of the council shall enter into an agreement with the State Planning Office to share in the cost of providing the staff support.
A. A state agency applying for funds under the State Energy Program of the United States Department of Energy pursuant to 10 Code of Federal Regulations, Part 420 shall, as directed by the council, apply for funds to support the work of the council and its staff.
B. To the extent funds available pursuant to paragraph A are insufficient to fund fully staff support for the council, each member of the council shall enter into an agreement with the State Planning Office to share in the cost of providing the staff support.
C. The council may seek, and the Public Utilities Commission may provide, funds to the council pursuant to Title 35-A, section 3211-A, subsection 5-A.
Sec. 2. 35-A MRSA §3211-A, sub-§1, ¶C, as enacted by PL 2001, c. 624, §4, is amended to read:
C. "Available funds" means funds available in the program fund but does not include any funds provided to the Energy Resources Council pursuant to subsection 5-A.
Sec. 3. 35-A MRSA §3211-A, sub-§5-A is enacted to read:
5-A. Support for Energy Resources Council. Notwithstanding any other provision of this section:
A. The Energy Resources Council established under Title 5, section 3327 may apply to the commission for funding from the program fund to support projects and activities of the council related to energy conservation; and
B. The commission may provide up to $200,000 in any fiscal year to the Energy Resources Council established under Title 5, section 3327 from the program fund if the funds are needed for particular projects or activities directed by the Legislature to be undertaken by the council, or the commission finds the projects or activities are generally consistent with the overall purposes of this section.
Sec. 4. Energy review and report. In addition to its other responsibilities, the Energy Resources Council established under the Maine Revised Statutes, Title 5, section 3327 shall undertake a review of state energy-related policy and its implementation and prepare and submit a report of its findings and recommendations to the Joint Standing Committee on Utilities and Energy no later than December 3, 2003. The council shall review and identify in its report any demand and supply forecasts for electricity that have been compiled by regional entities such as the New England Power Pool or the independent system operator for New England, with particular reference to forecasts specific to this State. In developing its findings and recommendations, the council shall identify the links between energy policy and environmental, transportation and economic development policy. The council also shall identify opportunities for improving the effectiveness of state policy implementation. The council shall focus its review on policies related to energy efficiency and renewable energy.
The Speaker of the House shall appoint 2 members of the House of Representatives, one from the majority political party and one from a minority political party, who serve on the Joint Standing Committee on Utilities and Energy to participate in the council's deliberations under this section. The President of the Senate shall appoint 2 members of the Senate, one from the majority political party and one from a minority political party, who serve on the Joint Standing Committee on Utilities and Energy to participate in the council's deliberations under this section. All appointments must be made no later than 30 days following the effective date of this Act. The appointing authorities shall notify the Executive Director of the Legislative Council once appointments have been completed. Legislators so appointed are members of the council for the purpose of allowing their full participation in its deliberations, including voting on findings and recommendations, conducted pursuant to this section. Legislators are not members of the council for any other purposes and are not entitled to participate in any other matters of the council. Legislators so appointed are entitled to receive the legislative per diem and reimbursement for travel and other necessary expenses related to their attendance at meetings of the commission.
The council may hold up to 4 meetings to conduct its review, including one public hearing on its draft findings and recommendations prior to preparing its final draft. As it finds appropriate, the council shall invite additional comments from legislative committees of jurisdiction, stakeholders and the public.
In response to the report of the council, the Joint Standing Committee on Utilities and Energy may report out a bill to the Second Regular Session of the 121st Legislature concerning energy policy.
Sec. 5. Transfer of funds. Notwithstanding the Maine Revised Statutes, Title 35-A, section 3211-A, the State Controller shall transfer $1,705 from the Public Utilities Commission's conservation program fund under the Maine Revised Statutes, Title 35-A, section 3211-A, subsection 5 to the Legislature at the beginning of the 2003-04 fiscal year. These funds must be used for costs incurred to pay the per diem and expenses of legislative members participating in the review required by this Act.
Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.
LEGISLATURE
Miscellaneous Studies - Energy
Resources Council
Initiative: Provides funds for per diem and expenses of legislative members participating in activities of the Energy Resources Council for the energy review and report requirement. Funds from the Public Utilities Commission's conservation program fund must be transferred to the Legislature at the beginning of the fiscal year to be available for the legislative expenses.
Other Special Revenue Funds 2003-04 2004-05
Personal Services $880 $0
All Other 825 0
__________ __________
Other Special Revenue
Funds Total $1,705 $0
LEGISLATURE
DEPARTMENT TOTALS 2003-04 2004-05
OTHER SPECIAL REVENUE
FUNDS $1,705 $0
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $1,705 $0
EXECUTIVE DEPARTMENT
State Planning Office
Initiative: Provides funds for contractual services to assist the Energy Resources Council established pursuant to the Maine Revised Statutes, Title 5, section 3327 with its comprehensive review of the State's energy policy and for other related purposes.
Other Special Revenue Funds 2003-04 2004-05
All Other $197,080 $200,000
__________ __________
Other Special Revenue
Funds Total $197,080 $200,000
EXECUTIVE DEPARTMENT
DEPARTMENT TOTALS 2003-04 2004-05
OTHER SPECIAL REVENUE
FUNDS $197,080 $200,000
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $197,080 $200,000
SECTION TOTALS 2003-04 2004-05
OTHER SPECIAL REVENUE
FUNDS $198,785 $200,000
__________ __________
SECTION TOTAL -
ALL FUNDS $198,785 $200,000
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 23, 2003.
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