PLEASE NOTE: The Office of the Revisor of Statutes cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Public Law
123rd Legislature
First Regular Session
Chapter 18
H.P. 37 - L.D. 36
An Act To Transfer the Administration of the Renewable Resource Fund from the State Planning Office to the Public Utilities Commission
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the Executive Department, State Planning Office has the authority to administer the Renewable Resource Fund in the current fiscal year, which ends June 30, 2007; and
Whereas,  transferring the authority to administer the Renewable Resource Fund to the Public Utilities Commission on July 1, 2007 will ensure that there is no lapse in spending authority during the transition of administrative responsibility for the fund; 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. 35-A MRSA §3210, sub-§5,  as amended by PL 1999, c. 372, §1 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
 
5. Funding for research and development; community demonstration projects.   The commission by rule shall establish and administer a program allowing retail consumers of electricity to make voluntary contributions to fund renewable resource research and development and to fund demonstration community demonstration projects using renewable energy technologies. The State Planning Office shall administer the program. The program must:
 
A.  Include a mechanism for customers to indicate their willingness to make contributions;
 
B.  Provide that transmission and distribution utilities collect and account for the contributions and forward them to the commission;
 
C.  Provide for a distribution of the funds to the University of Maine System, the Maine Maritime Academy or the Maine Community College System for renewable resource research and development; and
 
D.  Provide for a distribution of the funds to Maine-based nonprofit organizations that qualify under the federal Internal Revenue Code, Section 501(c)(3), consumer-owned electric cooperativestransmission and distribution utilities, community-based nonprofit organizations and, community action programs, municipalities, quasi-municipal corporations or districts as defined in Title 30-A, section 2351 and school administrative units as defined in Title 20-A, section 1 for demonstration community demonstration projects using renewable energy technologies.
 
Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A2-A.
Sec. 2. 35-A MRSA §3210, sub-§6,  as enacted by PL 1999, c. 372, §2, is amended to read:
 
6. Fund.   There is established the Renewable Resource Fund, referred to in this subsection as the “fund.” The fund is a nonlapsing fund administered by the State Planning Officecommission. All funds collected by the commission pursuant to subsection 5 must be deposited in the fund for distribution by the State Planning Officecommission in accordance with subsection 5. The State Planning Officecommission may seek and accept funding for the program established pursuant to subsection 5 from other sources, public or private. Any funds accepted for use in the program established pursuant to subsection 5 must be deposited in the fund.
Sec. 3. 35-A MRSA §3210, sub-§6-A  is enacted to read:
 
6-A.  Renewable Resource Fund report.     The commission shall report by December 1st of each year to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters on the Renewable Resource Fund established in subsection 6 and referred to in this subsection as “the fund.” The report must include: 
 
A.  A description of actions taken by the commission pursuant to subsections 5 and 6 during the prior 12 months; 
 
B.  An accounting of total deposits into and expenditures from the fund during the prior 12 months; and 
 
C.  A description of any research and development or community demonstration project that received a distribution from the fund during the prior 12 months, including its objectives, current status and results. 
Sec. 4. Appropriations and allocations. The following appropriations and allocations are made.
 
EXECUTIVE DEPARTMENT
 
Renewable Resource Fund 0912
 
Initiative: Deallocates funds due to a transfer of the Renewable Resource Fund currently administered by the Executive Department, State Planning Office to the Public Utilities Commission.
 
OTHER SPECIAL REVENUE FUNDS 	 2007-08 	 2008-09 	
All Other
	($500)	($500)	
 	   	   	
OTHER SPECIAL REVENUE FUNDS TOTAL	($500)	($500)	

EXECUTIVE DEPARTMENT 	 	 	
 DEPARTMENT TOTALS 	 2007-08 	 2008-09 	
 	 	 	
OTHER SPECIAL REVENUE FUNDS
	 ($500) 	 ($500) 	
 	   	   	
 DEPARTMENT TOTAL - ALL FUNDS 	 ($500) 	 ($500)	

PUBLIC UTILITIES COMMISSION
 
Renewable Resource Fund 0912
 
Initiative: Allocates funds to allow a transfer of the Renewable Resource Fund currently administered by the Executive Department, State Planning Office to the Public Utilities Commission. This allocation will provide funding for initiatives through revenue fund transfers and authorizes the use of the estimated balance forward.
 
OTHER SPECIAL REVENUE FUNDS 	 2007-08 	 2008-09 	
All Other
	$500	$500	
 	   	   	
OTHER SPECIAL REVENUE FUNDS TOTAL	$500	$500	

PUBLIC UTILITIES COMMISSION 	 	 	
 DEPARTMENT TOTALS 	 2007-08 	 2008-09 	
 	 	 	
OTHER SPECIAL REVENUE FUNDS
	 $500 	 $500 	
 	   	   	
 DEPARTMENT TOTAL - ALL FUNDS 	 $500 	 $500	

SECTION TOTALS 	 2007-08 	 2008-09 	
 	 	 	
OTHER SPECIAL REVENUE FUNDS
	 $0 	 $0 	
 	   	   	
 SECTION TOTAL - ALL FUNDS 	 $0 	 $0	
 
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect July 1, 2007.
 
Effective July 1, 2007.