Maine Revised Statutes
Chapter 97: EFFICIENCY MAINE TRUST ACT
35-A §10121. Energy Efficiency and Renewable Resource Fund

§10121. Energy Efficiency and Renewable Resource Fund
1. Funding for energy efficiency and renewable resource research and development; community demonstration projects; rebates for cost-effective energy efficiency and renewable energy technologies. The trust by rule shall establish and administer a program allowing retail consumers of electricity to make voluntary contributions to fund energy efficiency and renewable resource research and development, to fund community demonstration projects using energy efficiency and renewable energy technologies and to fund rebates for cost-effective energy efficiency and renewable energy technologies. The program must:
A. Include a mechanism for customers to indicate their willingness to make contributions; [PL 2009, c. 565, §7 (NEW); PL 2009, c. 565, §9 (AFF).]
B. Provide that transmission and distribution utilities collect and account for the contributions and forward them to the trust; [PL 2009, c. 565, §7 (NEW); PL 2009, c. 565, §9 (AFF).]
C. Provide for a distribution of the funds through a competitive bid process to the University of Maine System, the Maine Maritime Academy or the Maine Community College System for energy efficiency and renewable resource research and development; [PL 2011, c. 637, §8 (AMD).]
D. Provide for a distribution of the funds through a competitive bid process to Maine-based nonprofit organizations that qualify under the federal Internal Revenue Code, Section 501(c)(3), consumer-owned transmission and distribution utilities, community-based nonprofit organizations, community action programs, municipalities, quasi-municipal corporations or districts as defined in Title 30‑A, section 2351, community-based renewable energy projects as defined in section 3602, subsection 1 and school administrative units as defined in Title 20‑A, section 1 for community demonstration projects using energy efficiency and renewable energy technologies; [PL 2011, c. 637, §8 (AMD).]
E. Provide for an annual distribution of 35% of the funds to the Maine Technology Institute to support the development and commercialization of energy efficiency and renewable energy technologies; and [PL 2011, c. 637, §8 (AMD).]
F. Provide rebates for cost-effective energy efficiency and renewable energy technologies as determined by the trust. [PL 2011, c. 637, §8 (AMD).]
[PL 2011, c. 637, §8 (AMD).]
2. Fund established. There is established the Energy Efficiency and Renewable Resource Fund, referred to in this section as "the fund." The fund is a nonlapsing fund administered by the trust. All funds collected by the trust pursuant to subsection 1 must be deposited in the fund for distribution by the trust in accordance with subsection 1. The trust may seek and accept funding for the program established pursuant to subsection 1 from other sources, public or private. Any funds accepted for use in the program established pursuant to subsection 1 must be deposited in the fund. Funds not spent in any fiscal year remain in the fund to be used for the purposes of this section. Any interest earned on funds in the fund must be credited to the fund.
The trust may allocate funds pursuant to subsection 1, paragraphs C, D and F from the fund to most effectively meet the objectives of the triennial plan pursuant to section 10104, subsection 4.
[PL 2011, c. 637, §8 (AMD).]
3. Report. The trust 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 fund. The report must include:
A. A description of actions taken by the trust pursuant to subsections 1 and 2 during the prior 12 months; [PL 2009, c. 565, §7 (NEW); PL 2009, c. 565, §9 (AFF).]
B. An accounting of total deposits into and expenditures from the fund during the prior 12 months; and [PL 2009, c. 565, §7 (NEW); PL 2009, c. 565, §9 (AFF).]
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. [PL 2009, c. 565, §7 (NEW); PL 2009, c. 565, §9 (AFF).]
[PL 2009, c. 565, §7 (NEW); PL 2009, c. 565, §9 (AFF).]
4. Rulemaking. The trust shall adopt rules to implement this section. The rules must include, but are not limited to:
A. Selection criteria for the competitive bid process pursuant to subsection 1, paragraphs C and D, including, but not limited to, the cost-effectiveness of the project or development and the likelihood that the renewable energy technology will be adopted on a broader scale in this State; and [PL 2011, c. 314, §4 (NEW).]
B. Qualification criteria for rebates for energy efficiency and renewable energy technologies pursuant to subsection 1, paragraph F, including, but not limited to, cost-effectiveness and quality assurance requirements. [PL 2011, c. 637, §8 (AMD).]
Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2011, c. 637, §8 (AMD).]
SECTION HISTORY
PL 2009, c. 565, §7 (NEW). PL 2009, c. 565, §9 (AFF). PL 2011, c. 314, §§2-4 (AMD). PL 2011, c. 637, §8 (AMD).