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An Act To Rate Energy Efficiency and Carbon Emissions of Buildings
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §9722, sub-§6, ¶J, as enacted by PL 2007, c. 699, §6, is amended to read:
 
J. In the adoption and amendment of the Maine Uniform Building and Energy Code, ensure that nontraditional or experimental construction, including but not limited to straw bale and earth berm construction, is permissible under the code; and
Sec. 2. 10 MRSA §9722, sub-§6, ¶K, as enacted by PL 2007, c. 699, §6, is amended to read:
 
K. In the adoption and amendment of the Maine Uniform Building and Energy Code, ensure that building materials from local sawmills, including but not limited to nongraded lumber, are permissible under the code.; and
Sec. 3.  10 MRSA §9722, sub-§6, ¶L  is enacted to read:
 
L.  Develop and administer the building energy and carbon performance rating program in accordance with chapter 1105.
Sec. 4.  10 MRSA c. 1105  is enacted to read:
CHAPTER 1105
MAINE BUILDING ENERGY AND CARBON PERFORMANCE RATING ACT
§ 9741. Short title
This chapter may be known and cited as "the Maine Building Energy and Carbon Performance Rating Act."
§ 9742. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
 
1.  Board.   "Board" means the Department of Public Safety, Technical Building Codes and Standards Board established in Title 5, section 12004-G, subsection 5-A.
 
2.  Bureau.   "Bureau" means the Department of Public Safety, Bureau of Building Codes and Standards established in Title 25, section 2372.
 
3.  Energy and carbon performance database.   "Energy and carbon performance database" or "database" means a database consisting of the report cards of all state buildings.
 
4.  Energy and carbon performance evaluator.   "Energy and carbon performance evaluator" means a person certified by the bureau in accordance with section 9743, subsection 2 to complete energy and carbon performance evaluations.
 
5.  Nonstate building.   "Nonstate building" means any residential or nonresidential building that is not a state building.
 
6.  Program.   "Program" means the building energy and carbon performance rating program established in section 9743.
 
7.  Significant renovation.   "Significant renovation" means any renovation for which the cost exceeds 50% of the building's current value prior to renovation.
 
8.  State building.   "State building" means a state-owned building or a privately owned building that leases space to the State.
 
9.  Report card.   "Report card" means a uniform written document issued by an energy and carbon performance evaluator that summarizes the results of a program evaluation.
§ 9743. Building energy and carbon performance rating program; established
The board shall establish and administer a building energy and carbon performance certificate program for the purpose of evaluating and rating buildings in terms of energy efficiency and carbon emissions. The program must include, but is not limited to, a uniform building energy and carbon performance evaluation and rating system and report cards. In developing the standards for the program, the board shall consider the varying building stock in the State, including but not limited to residential, commercial, industrial and historic buildings. The bureau shall provide administrative and technical support to the board in the development and administration of the program.
 
1.  Report card.   A report card must document, in summary form, the energy efficiency and carbon emissions ratings of a building as determined by a program evaluation conducted by an energy and carbon performance evaluator. The report card must also list specific recommendations to increase the energy efficiency and reduce the carbon emissions of the building. A report card is valid for 10 years from the date of issuance or until such a time that a significant renovation is made to the building, whichever comes first.
 
2.  Energy and carbon performance evaluators.   The bureau, in consultation with the Executive Department, State Planning Office, shall establish or designate a training and certification program for energy and carbon performance evaluators. The training program must cover the administration of the program's uniform building energy and carbon performance evaluation and rating system and the report cards.
 
3.  Energy and carbon performance database.   The bureau shall establish and maintain the energy and carbon performance database. The bureau shall post the database on a publicly accessible website. A report card for a state building must be added to the database and posted to the publicly accessible website within 90 days of the completion of a program evaluation of the building.
§ 9744. State buildings
 
1.  Evaluation required.   The owner of a state building shall have the building evaluated and rated every 10 years by an energy and carbon performance evaluator using the program’s uniform building energy and carbon performance evaluation and rating system. The initial evaluation of a state building must be completed no later than January 1, 2011. The cost of an evaluation required under this subsection is the responsibility of the owner of the building.
 
2.  Report card.   A report card issued as a result of an evaluation required under subsection 1 must be posted online in the energy and carbon performance database in accordance with section 9743, subsection 3. The energy and carbon performance ratings for a state building as documented in the report card may be used in negotiating the terms of future lease arrangements, but may not be used to impose any fees or fines relative to existing lease arrangements.
 
3.  Exceptions.   The board shall by rule establish limited exceptions to the requirements of this section, including but not limited to exceptions for state buildings that do not have heating or cooling systems and state buildings that do not have electricity.
§ 9745. Nonstate buildings
Except as provided in this section, the owner of a nonstate building is not required to have the building evaluated and rated by an energy and carbon performance evaluator.
 
1.  Initial sale of private building.   When a private residential or commercial building that is required to conform to the Maine Uniform Building and Energy Code pursuant to section 9724 is sold for the first time after January 1, 2011, the seller shall have the building evaluated and rated by an energy and carbon performance evaluator and provide a copy of the valid building report card from that evaluation to the buyer at the time of the sale.
 
2.  Subsequent sale of private building.   For any subsequent sale of a building subject to subsection 1, the seller shall provide to the buyer at the time of the subsequent sale:
 
A.  A copy of the valid building report card;
 
B.  Documentation of total heating fuel consumption per heating system or source for the prior 24 months; and
 
C.  Documentation of total electricity consumption for the prior 24 months.
§ 9746. Rules
The board shall adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill establishes a building energy performance rating program for the purpose of evaluating and rating buildings in terms of energy efficiency and carbon emissions. The program includes a uniform building energy performance evaluation and rating system and report cards. The program is mandatory for state-owned buildings and buildings that lease space to the State. The program is voluntary for other buildings, except that disclosure of report cards is required at the time of the sale of certain private buildings beginning January 1, 2011. The program is administered by the Department of Public Safety, Technical Building Codes and Standards Board with administrative and technical support from the Department of Public Safety, Bureau of Building Codes and Standards.