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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 219
S.P. 128 - L.D. 352

An Act To Encourage Energy Efficiency and Security

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 35-A MRSA §3211-A, sub-§2, as enacted by PL 2001, c. 624, §4, is amended by amending the first paragraph to read:

     2. Programs. The commission shall develop and, to the extent of available funds, implement conservation programs in accordance with this section. The commission shall establish and, on a schedule determined by the commission, revise objectives and an overall energy strategy for conservation programs. Conservation programs implemented by the commission must be consistent with the objectives and an overall energy strategy developed by the commission and be cost effective, as defined by the commission by rule or order. In defining "cost effective," the commission may consider the extent to which a program promotes sustainable economic development or reduces environmental damage to the extent the commission can quantify or otherwise reasonably identify such effects. Consistent with the other requirements of this section, the commission, in adopting and implementing conservation programs, shall seek to encourage efficiency in electricity use, provide incentives for the development of new, energy-efficient business activity in the State and take into account the costs and benefits of energy efficiency and conservation to existing business activity in the State.

     Sec. 2. Report. The Public Utilities Commission shall undertake an investigation to identify rate designs, mechanisms or other means that provide incentives for transmission and distribution utilities to promote energy efficiency and that promote the security and robustness of the electric grid by appropriately compensating transmission and distribu-tion utilities for constructing and maintaining additional infrastructure that the commission determines necessary to ensure the security and robustness of the grid in underserved areas of the State. In conducting its investigation, in addition to any other issues the commission determines appropriate, the commission shall consider:

     1. Rate design mechanisms that encourage efficiency in electric use, provide incentives for the development of new energy-efficient business activity in the State and take into account the costs and benefits of energy efficiency and conservation to existing business activity in the State;

     2. Financial and other incentives for transmission and distribution utilities or their customers that may support the goals of this section;

     3. The impact of achieving the goals of this section on the revenues and rates of return of transmission and distribution utilities;

     4. Methods available pursuant to the Maine Revised Statutes, Title 35-A, sections 3195 and 3211-A to accomplish the purposes of this section;

     5. The impact of achieving the goals of this section on transmission and distribution utility rate levels and rate stability; and

     6. The impact of electricity generation and consumption on air and water quality.

     By February 1, 2004, the commission shall submit a report of the results of its investigation under this section to the Joint Standing Committee on Utilities and Energy.

Effective September 13, 2003, unless otherwise indicated.

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