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PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 569
S.P. 731 - L.D. 1931

An Act To Encourage Energy Independence for Maine

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

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

     Sec. 2. 35-A MRSA §3211-A, sub-§2, ¶J is enacted to read:

     Sec. 3. 35-A MRSA §3211-A, sub-§11, ¶B, as enacted by PL 2001, c. 624, §4, is amended to read:

     Sec. 4. 35-A MRSA §3211-A, sub-§11, ¶C, as enacted by PL 2001, c. 624, §4, is amended to read:

     Sec. 5. 35-A MRSA §3211-A, sub-§11, ¶D is enacted to read:

     Sec. 6. 35-A MRSA §3211-A, sub-§12 is enacted to read:

     12. Independent analysis of programs. The commission shall arrange for an independent evaluation of each major program implemented under this section. Each major program must be evaluated at least once every 5 years. The evaluation must include an accounting audit of the program and an evaluation of the program's effectiveness in meeting the goals of this section. The evaluations must be conducted by a competent professional with expertise in energy efficiency matters, including the management of cost-effective energy efficiency programs. The commission shall include the results of all evaluations conducted under this subsection in the annual report submitted pursuant to subsection 11. For purposes of this subsection, "major program" means a program with an annual budget of more than $500,000.

     Sec. 7. Public Utilities Commission Efficiency Maine program. The Public Utilities Commission shall develop a plan for using revenues from any increase in the assessment on transmission and distribution utilities pursuant to the Maine Revised Statutes, Title 35-A, section 3211-A, subsection 4. The plan must include a description of how the funds would contribute to the goals of increasing energy efficiency for program participants and reducing electricity prices for all consumers. The commission shall consider using funds resulting from any increased assessments to increase the per-business incentive cap imposed on large businesses under the business program established pursuant to Title 35-A, section 3211-A.

     The commission shall submit its plan, together with any recommendations for increases in the assessment consistent with that plan and any suggested legislation to implement its recommendations to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters by January 1, 2007. The joint standing committee may report out legislation regarding energy efficiency to the First Regular Session of the 123rd Legislature.

     Sec. 8. Public Utilities Commission analysis of certain programs. By December 31, 2007, the Public Utilities Commission shall arrange for and complete in accordance with the Maine Revised Statutes, Title 35-A, section 3211-A, subsection 12 an independent evaluation of the following programs established by the commission pursuant to Title 35-A, section 3211-A: the business program, the low-income appliance replacement program and the residential lighting program.

     Sec. 9. Home heating. The Governor's Office of Energy Independence and Security in the Executive Department shall examine and submit a report concerning the state of home heating in Maine to the Joint Standing Committee on Utilities and Energy by November 30, 2006. The report must include recent trends in:

     1. Total statewide and average Maine household annual consumption of heating energy by fuel type;

     2. Prices, including taxes, fees and other charges assessed on home heating fuels sold in Maine;

     3. Total statewide and average Maine household annual expenditures for home heating by fuel type;

     4. Policies and programs to reduce home heating bills currently employed in Maine and outside of Maine, including changes in the Low-income Home Energy Assistance Program to provide benefits to low-income persons whose heating costs are included in their rent;

     5. The energy efficiency and cost of home heating equipment sold and used in Maine; and

     6. The point of origin for energy sources used in home heating in Maine.

Effective August 23, 2006.

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