Sec. RR-1. 5 MRSA §12004-G, sub-§31-A, as amended by PL 1993, c. 410, Pt. E, §2, is repealed.
Sec. RR-2. 5 MRSA c. 383, sub-c. 1-A is enacted to read:
SUBCHAPTER 1-A
SCIENCE AND TECHNOLOGY
ARTICLE 1
PLANNING AND EVALUATION
§13060-A. Science and technology plan
The department shall develop and submit to the Governor and the Legislature by January 1, 2004 and the first day of the first legislative session of each biennium thereafter:
1. Action plan. An action plan for the application of science and technology to improve the State's position in the global economy. The plan must be based on the State's overall economic development strategy as determined by the commissioner. The action plan must identify specific steps that public and private institutions must implement to improve the State's science and technology infrastructure. The plan must also identify action steps that could be implemented immediately without new state appropriations and resources and action steps that will require new state appropriations or major reallocation of state appropriations and resources.
The action plan must include numerical objectives, costs and an evaluation protocol. The plan must also include a provision for assigning and ensuring accountability for those who receive state research and development funds through the department. In the preparation of this plan, the department shall seek the advice of state agencies, the Maine Economic Growth Council established in Title 10, section 929-A, the University of Maine System and the business, education and research communities; and
2. Report card. A report card that:
A. Compares the State's science and technology infrastructure standing to that of other states, based on the results of all independent organizations or reports that make such comparisons and on any other appropriate comparisons as determined by the department and those agencies with which the department is directed by this section to consult;
B. Assesses the performance of the State and those who receive state funds in meeting the goals, objectives and action steps outlined in the action plan; and
C. Makes recommendations for improving the results shown on the report card.
§13060-B. Comprehensive research and development evaluation
The department shall develop and submit to the Governor and the Legislature by July 1, 2006 and on July 1st every 5 years thereafter an evaluation of state investments in research and development. The evaluation must:
1. Outcome measures. Establish outcome measures considered appropriate by public and private practitioners in and outside of the State in the fields of research and development and economic development. Practitioners in this State must include, but are not limited to, a representative from the University of Maine System, a representative of the targeted technology sectors, a representative of the Executive Department, State Planning Office and representatives of other state agencies having economic development responsibility;
2. Independent reviewers. Utilize independent reviewers to assess the competitiveness of technology sectors in this State and the impact of research and development activities in this State on economic development in this State; and
3. Recommendations. Include recommendations to the Legislature on existing and proposed state-supported research and development programs and activities to affect technology-based economic development in this State.
§13060-C. Reporting requirements of recipients of research and development funding
To assist the department in preparing a comprehensive research and development evaluation, a recipient of state funding for research and development shall, in addition to any other reporting requirements required by law:
1. Data. Collect, maintain and provide data relating to each investment's performance, outputs and outcomes;
2. Report card indicators. Identify the indicators in the report card developed by the department pursuant to section 13060-A that will be affected as a result of the proposed research and development activity; and
3. Action plan goals. Identify the goals in the action plan developed by the department pursuant to section 13060-A that will be advanced by the recipient's research and development activity.
ARTICLE 2
SCIENCE AND TECHNOLOGY PROGRAMS
§13060-D. Maine Research and Development Evaluation Fund
1. Fund established. The Maine Research and Development Evaluation Fund, referred to in this section as "the fund," is established as a nonlapsing Other Special Revenue Funds account administered by the department for the purposes of funding the comprehensive research and development evaluation required pursuant to section 13060-C.
2. Definition. For the purposes of this section, "research and development" means activities that directly or through capital investment support basic and applied scientific research and related commercial development funded by state appropriations.
3. Fund sources. The fund receives money deposited by the Treasurer of State pursuant to this section and any other gift, grant or other source of revenue deposited for that use.
4. Transfers to fund. Notwithstanding section 1585 or any other provision of law, the State Budget Officer may transfer General Fund appropriations for research and development efforts to the fund. The transfer and allotment of available funds may not exceed 0.8% of the total research and development appropriations. Only those programs that receive $500,000 or more in research and development appropriations, as identified and certified by the State Budget Officer and the Office of Fiscal and Program Review, may be assessed upon concurrence of the affected agencies, institutions and departments. The transfer must be implemented by financial order contingent upon the recommendation of the State Budget Officer and approval of the Governor and upon review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. The financial order must include a plan outlining how these funds will be expended. The financial order takes effect upon approval by the Governor. Total transfers made pursuant to this section may not exceed $120,000 in any fiscal year.
5. Repeal; lapse of funds. This section is repealed June 30, 2006. Unexpended funds in the fund at that time lapse to the unappropriated surplus of the General Fund.
§13060-E. Experimental program to stimulate competitive research
The department, the University of Maine System and the EPSCoR steering committee are jointly responsible for the administration of the Maine Experimental Program to Stimulate Competitive Research, referred to in this chapter as "the Maine EPSCoR Program," which is established in this section as a partnership effort between the State Government and the Federal Government to strengthen the State's science and engineering infrastructure.
1. Linkage with state policies. The policies, programs and activities of the Maine EPSCoR Program must consider the State's economic, education and science and technology strategies and policies.
2. Policy recommendation. Through the department, the University of Maine System and the EPSCoR steering committee, the Maine EPSCoR Program may recommend to the Governor and the Legislature policies and programs essential to the strengthening of the State's science and engineering infrastructure.
§13060-F. Maine EPSCoR Capacity Fund
The Maine EPSCoR Capacity Fund is established within the department to provide the matching funds that are required by several federal agencies in their EPSCoR activities. The fund must be used to match EPSCoR awards, and is a nonlapsing Other Special Revenue funds account.
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Fund" means the Maine EPSCoR Capacity Fund account within the Other Special Revenue funds.
B. "Match" means the cash commitment required from the State as defined by the federal funding agency. Match requirements vary among federal agencies.
C. "Research capacity committee" means the EPSCoR steering committee referred to in section 13060-E.
2. Organization. The commissioner, at the commissioner's discretion, may delegate the administration of the fund to the director of the Maine Technology Institute established in section 12004-G, subsection 33-D. The research capacity committee shall advise the commissioner or the director of the Maine Technology Institute on the use of the funds.
3. Guidelines. The commissioner or director of the Maine Technology Institute established in section 12004-G, subsection 33-D, with the advice of the research capacity committee, shall establish guidelines for cash and in-kind match requirements based on the activities to be supported with the fund. Match levels must reflect the requirements identified by the federal funding agencies.
Sec. RR-3. 5 MRSA §13063-B, as enacted by PL 1995, c. 560, Pt. B, §4, is repealed.
Sec. RR-4. 5 MRSA §13103, sub-§8, ¶C, as enacted by PL 1999, c. 731, Pt. SSS, §1, is amended to read:
C. Each biennium, submit a report to the department. The report must include:
(1) An accounting of the use of all program funds received in the previous 2 years, prepared by a certified public accountant;
(2) A summary of the status of any ongoing research;
(3) A summary of the results of any completed research; and
(4) Evaluation data and assessment; and.
(5) Information required to be submitted under a comprehensive research and devel-opment evaluation pursuant to section 13122-J.
Sec. RR-5. 5 MRSA c. 385, as amended, is repealed.
Sec. RR-6. 5 MRSA §15303, sub-§6-C is enacted to read:
6-C. Administer funds. The institute shall administer the Maine Technology Capacity Fund established under section 15303-A.
Sec. RR-7. 5 MRSA §15303-A is enacted to read:
§15303-A. Maine Technology Capacity Fund
The Maine Technology Capacity Fund is established within the institute to strengthen employment opportunities in the State by increasing the science and technology investment level through partnerships among the State Government, private enterprise, the Federal Government and private and public research institutions. The fund may be used to match public and private funds that provide program or consulting resources to targeted technology sectors to increase their capacity to develop into industry clusters. The fund may also be used to support best-practice studies or to provide technical assistance on a contractual basis to enhance the capacity of the targeted technology sectors to develop into industry clusters.
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Enterprise" means a firm doing business in this State that is engaged or proposes to be engaged in this State in value-added agricultural, natural resource-based or other manufacturing, research and development, or in the provision of knowledge-based services.
B. "Fund" means the Maine Technology Capacity Fund account in the Other Special Revenue funds.
C. "Intellectual property" means any legally protectable materials, including new information, technologies, inventions, designs, works of authorship, any strain, variety or culture of an organism, or any portion, modification, translation or extension of these items, and processes, mineral discoveries and other legally protectable materials, including know-how and trade secrets, that are generated as a direct and indirect result of investments made by the institute through contracts, grants or any other legal agreement.
D. "Protection of intellectual property rights" means protecting the institute's rights to intellectual property through intellectual property protection mechanisms, including, but not limited to, patents, copyrights, trademarks, trade secrets and licensing rights.
E. "Technology commercialization" means the process of bringing an investment-grade technology out of an enterprise or a private or public laboratory for first-run application in the marketplace.
F. "Technology development" means strategically focused research aimed at developing investment-grade technologies essential to market competitiveness. For purposes of this section, "technology development" does not refer to basic research, but rather to products, devices, techniques or processes that have advanced beyond the theoretical stage and are in a prototype or industry practice stage.
G. "Technology extension" means the introduction and adaptation of off-the-shelf technologies and state-of-the-art management practices to the specific circumstances of individual firms.
2. Organization. The board has all the powers and authority, not explicitly prohibited by law, necessary or convenient to carry out and effectuate the functions, duties and responsibilities of the fund, including, but not limited to:
A. Taking actions in partnership with private enterprise, the Federal Government and private and public research institutions to:
(1) Increase the rate of technology extension across manufacturing and knowledge-based firms throughout the State;
(2) Increase the amount of technology development occurring in the State; and
(3) Increase the rate at which technologies with potential commercial application are moved out of private and public laboratories into the marketplace;
B. Soliciting, borrowing, accepting and receiving money from any public or private source to augment state contributions to the fund;
C. Approving an annual budget for the fund and investing and expending money from the fund;
D. Contracting with public entities as necessary to further the purposes of this section;
E. Carrying forward any unexpended state appropriations into succeeding fiscal years;
F. Providing an annual report to the Governor and the Legislature by January 1st of each regular session of the Legislature within the annual report of the institute, setting forth:
(1) The operations and accomplishments of the fund during the fiscal year; and
(2) The assets and liabilities of the fund at the end of its most recent fiscal year;
G. Owning intellectual property, licensing intellectual property and negotiating for and collecting royalty rights or otherwise realizing a return on investment made under the fund and all programs of the institute when appropriate in order to promote the interests and investments of the State in furthering science and technology; and
H. Protecting all proprietary information contained in proposals, contracts and grants or any other legal agreement only when such information is likely to involve patentable material that loses its protectable nature when presented in a public forum.
3. Authorized activities. The board may:
A. Receive and accept from any source allocations, appropriations, grants or contributions of money to be held, used or applied to carry out this subchapter, subject to the conditions upon which the grants and contributions may be made, including, but not limited to, appropriations, allocations, grants or gifts from any federal agency or governmental subdivision or the State and its agencies. The amounts of the revenues generated by the investment of money contained in the fund that may be used to pay the institute's operating expenses associated with the operation of the fund; and
B. Engage in matching grants activities, including, but not limited to, federal, private and foundation awards for technology extension, science and technology development and technology commercialization activities that require state funding matches and are considered consistent with the purposes of the fund. Focus areas for investment include, but are not limited to, targeted technologies as defined in section 15301.
4. Guidelines. The board shall establish guidelines for:
A. The amounts of the revenues generated by the investment of money in the fund that may be used to pay the institute's operating expenses associated with the operation of the fund; and
B. Cash and in-kind match requirements based on the activities to be supported with the fund. The institute shall strive to achieve a minimum match of 1:1, on an annual basis, for matching grant activities supported under the fund.
5. Liquidation and dissolution. In the event of liquidation or dissolution of the institute or the fund, any rights or interests in a qualified security or portion of a qualified security purchased with money invested by the State vest in the State. The State is entitled to, in proportion to the amount of investment in the fund by the State, any balance of money remaining in the fund after payment of all debts and obligations upon liquidation or dissolution of the institute or the fund.
Sec. RR-8. 10 MRSA §1415-G, sub-§6, as enacted by PL 1991, c. 275, §3 and affected by §§4 and 5, is amended to read:
6. Notification. An agency, municipality or granting authority that provides a housing subsidy as described in this section must notify the Department of Economic and Community Development, Energy Conservation Division Public Utilities Commission that the application complies with the residential energy requirements of this section. Notification must be in a form prescribed by rule by the commissioner commission.
Sec. RR-9. 10 MRSA §1415-H, sub-§1, as amended by PL 1999, c. 657, §4, is further amended to read:
1. Certification. Before installing permanent service to a commercial or institutional building, a transmission and distribution utility, as defined in Title 35-A, section 102, shall obtain from the owner of the building or from the owner's legal agent, on a form provided by the utility, a signed certification that the building complies with the requirements of section 1415-D. A copy of the signed certification must be provided by the transmission and distribution utility to the Department of Economic and Community Development, Energy Conservation Division Public Utilities Commission or a successor agency charged with administering energy building standards.
Sec. RR-10. 35-A MRSA §3211-B is enacted to read:
§3211-B. Additional energy conservation programs
In addition to the programs and activities specified in section 3211-A, subsection 2, the commission shall administer the following energy conservation programs.
1. Federally mandated programs. The director shall administer the following federally mandated programs, formerly administered by the Department of Economic and Community Development, Office of Business Development:
A. State Energy Conservation Program;
B. Energy Extension Service; and
C. Institutional Conservation Program.
2. Energy conservation standards. The commission shall adopt energy conservation standards and adopt rules for administration of the standards and the certification of energy-efficient buildings, as defined in Title 10, chapter 214.
3. Approval; denial of certificates. The commission shall provide for the approval or denial of certificates of compliance with energy standards, as required in Title 10, chapter 214.
4. Preparation of manual. The commission shall prepare the Manual of Accepted Practices, as described in Title 10, section 1415-F.
5. Review; inspection. The commission may review plans and specifications and may inspect buildings to determine compliance with the energy conservation standards established in Title 10, chapter 214.
6. Rule-making authority. If the Residential Conservation Service, as established by the federal National Energy Conservation Policy Act, Public Law 95-619, (1978), 92 Stat. 3206 as amended by the federal Energy Security Act, Public Law 96-294, (1980), 94 Stat. 611, is repealed or amended by deleting the requirements for providing energy conservation information and energy audits and arranging financing for energy conservation improvements for residential customers, the commission may adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A to continue these services. In establishing these rules, the commission shall simplify federal rules without preventing fulfillment of the program objectives and the commission may not impose rules containing additional requirements for utilities.
Until the commission adopts new rules under this subsection, the previously existing federal regulations and any state rules implementing them are deemed state rules with full force and effective until changed.
Sec. RR-11. 36 MRSA §1760, sub-§68, as amended by PL 1995, c. 281, §16, is repealed.
Sec. RR-12. Transition provisions; Public Utilities Commission.
1. The Public Utilities Commission is the successor in every way to the powers, duties and functions of the former Energy Conservation Division of the Department of Economic and Community Development, Office of Business Development.
2. All existing rules, regulations and procedures in effect, in operation or adopted in or by the former Energy Conservation Division or any of its administrative units or officers are hereby declared in effect and continue in effect until rescinded, revised or amended by the proper authority.
3. All existing contracts, agreements and compacts of the former Energy Conservation Division currently in effect continue in effect.
4. Any federally funded positions authorized and allocated subject to the personnel laws of the former Energy Conservation Division are transferred to the Public Utilities Commission and may continue to be authorized.
5. All federal and special revenue funds authorized and allocated to the former Energy Conservation Division are transferred to the Public Utilities Commission and may continue to be authorized.
6. All records, property and equipment previously belonging to the Energy Conservation Division become, on the effective date of this Act, part of the property of the Public Utilities Commission.
Sec. RR-13. Transition provisions; Maine Science and Technology Foundation.
1. The Maine Science and Technology Foundation shall identify all outstanding contracts, grants and other obligations of funds either appropriated by the State or generated from other sources, settle such contracts, grants and obligations as required by the bylaws of the Maine Science and Technology Foundation within 10 business days of the effective date of this Act and deliver to the Commissioner of Administrative and Financial Services within 15 business days of the effective date of this Act a detailed list of all residual items not settled as required.
2. Within 30 days following the effective date of this Act, and before paying or making provisions for the payment of all other liabilities of the foundation, all property purchased with General Fund money and unexpended General Fund appropriations must be transferred to the State and deposited as undedicated General Fund revenue. Funds received from unspent bond proceeds must be transferred to the Debt Service Earnings account in the Office of the Treasurer of State. All funds held in the Maine EPSCoR Capacity Fund by the Maine Science and Technology Foundation in accordance with the Maine Revised Statutes, Title 5, section 13124-D must be transferred to the Maine EPSCoR Capacity Fund established within the Department of Economic and Community Development by Title 5, section 13060-F.
3. All reports, studies, data and other materials developed or acquired in whole or in part with General Fund money must be transferred to the Department of Economic and Community Development.
4. All other remaining property and unexpended funds must be handled according to the provisions outlined in the bylaws of the Maine Science and Technology Foundation and must be delivered to the Commissioner of Administrative and Financial Services within 25 days of the effective date of this Act.
Sec. RR-14. Transfer. A transfer of $527,000 is authorized from the Debt Service Earnings account within the Office of the Treasurer of State to the Debt Service - Treasury account by July 31, 2003.
Sec. RR-15. Transfer of funds. Notwithstanding any other provision of law, the State Controller shall transfer $50,000 in the EPSCoR Capacity Fund, Other Special Revenue Funds account in the Department of Economic and Community Development to the unappropriated surplus of the General Fund by June 30, 2004.
Sec. RR-16. Appropriations and allocations. The following appropriations and allocations are made.
TREASURER OF STATE, OFFICE OF THE
Debt Service - Treasury 0021
Initiative: Deappropriates funds as a result of unspent bond proceeds being returned to the State from the Maine Science and Technology Foundation.
General Fund 2003-04 2004-05
All Other ($527,000) $0
__________ __________
General Fund Total ($527,000) $0
Sec. RR-17. Appropriations and allocations. The following appropriations and allocations are made.
ECONOMIC AND COMMUNITY DEVELOPMENT,
DEPARTMENT OF
Administration - Economic and Community
Development 0069
Initiative: Provides funds for the Maine Research Internships for Teachers and Students, MERITS, program.
General Fund 2003-04 2004-05
All Other $80,000 $80,000
__________ __________
General Fund Total $80,000 $80,000
Administration - Economic and Community
Development 0069
Initiative: Provides funds for the Maine Space Grant Consortium.
General Fund 2003-04 2004-05
All Other $0 $100,000
__________ __________
General Fund Total $0 $100,000
Business Development 0585
Initiative: Provides funds in fiscal years 2003-04 and 2004-05 only for the continuation of a contracted Economic Development Director position for the Lincoln Lakes Region Development Corporation.
General Fund 2003-04 2004-05
All Other $50,000 $50,000
__________ __________
General Fund Total $50,000 $50,000
Maine Small Business Commission 0675
Initiative: Provides funds to restore the deappropriation of funds in excess of federal match requirements for the operation of the Maine Small Business Development Centers.
General Fund 2003-04 2004-05
All Other $229,670 $229,670
__________ __________
General Fund Total $229,670 $229,670
Maine EPSCoR Capacity Fund
Initiative: Allocates funds for the Maine Space Grant Consortium.
Other Special Revenue Funds 2003-04 2004-05
All Other $100,000 $0
__________ __________
Other Special Revenue Funds
Total $100,000 $0
Maine EPSCoR Capacity Fund
Initiative: Allocates matching funds for the Maine Space Grant Consortium associated with managing the activities related to a National Aeronautics and Space Administration grant, which expires on July 7, 2004.
Other Special Revenue Funds 2003-04 2004-05
All Other $300,000 $0
__________ __________
Other Special Revenue Funds
Total $300,000 $0
Regional Development 0792
Initiative: Provides funds to the Eastern Maine Development Corporation to allow for increased support to rural communities within its district.
General Fund 2003-04 2004-05
All Other $70,000 $70,000
__________ __________
General Fund Total $70,000 $70,000
Applied Technology Development Center System 0929
Initiative: Provides funds to the River Valley Applied Technology Development Center for fiscal years 2003-04 and 2004-05 only.
General Fund 2003-04 2004-05
All Other $50,000 $50,000
__________ __________
General Fund Total $50,000 $50,000
Applied Technology Development Center System 0929
Initiative: Provides funds to the Center for Environmental Enterprise for fiscal year 2003-04 only.
General Fund 2003-04 2004-05
All Other $40,000 $0
__________ __________
General Fund Total $40,000 $0
Applied Technology Development Center System 0929
Initiative: Provides funds to the Composite Materials Applied Technology Development Center for fiscal year 2003-04 only.
General Fund 2003-04 2004-05
All Other $40,000 $0
__________ __________
General Fund Total $40,000 $0
Applied Technology Development Center System 0929
Initiative: Provides funds to the Target Technology Center at Orono for fiscal year 2003-04 only.
General Fund 2003-04 2004-05
All Other $40,000 $0
__________ __________
General Fund Total $40,000 $0
ECONOMIC AND COMMUNITY
DEVELOPMENT, DEPARTMENT OF
DEPARTMENT TOTALS 2003-04 2004-05
GENERAL FUND $599,670 $579,670
OTHER SPECIAL REVENUE
FUNDS 400,000 0
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $999,670 $579,670
UNIVERSITY OF MAINE SYSTEM,
BOARD OF TRUSTEES OF THE
Educational and General Activities - UMS 0031
Initiative: Appropriates funds for the Maine Economic Improvement Fund.
General Fund 2003-04 2004-05
All Other $100,000 $100,000
__________ __________
General Fund Total $100,000 $100,000
UNIVERSITY OF MAINE SYSTEM,
BOARD OF TRUSTEES OF THE
DEPARTMENT TOTALS 2003-04 2004-05
GENERAL FUND $100,000 $100,000
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $100,000 $100,000
CENTERS FOR INNOVATION
Centers for Innovation 0911
Initiative: Deappropriates funding for the Maine Center for Innovation in Biotechnology beginning in fiscal year 2004-05.
General Fund 2003-04 2004-05
All Other $0 ($105,133)
__________ __________
General Fund Total $0 ($105,133)
CENTERS FOR INNOVATION
DEPARTMENT TOTALS 2003-04 2004-05
GENERAL FUND $0 ($105,133)
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $0 ($105,133)
SECTION TOTALS 2003-04 2004-05
GENERAL FUND $699,670 $574,537
OTHER SPECIAL REVENUE
FUNDS 400,000 0
__________ __________
SECTION TOTAL -
ALL FUNDS $1,099,670 $574,537
Sec. RR-18. Effective date. This Part takes effect when this Act is approved.
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