PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Allow Consumer-owned Transmission and Distribution Utilities To Apply for Efficiency Maine Grants
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §10109, sub-§4, ¶A, as amended by PL 2013, c. 369, Pt. A, §15, is further amended to read:
 
A. During fiscal years 2013-14, 2014-15 and 2015-16, not less than 50% of the trust funds received during those years must be allocated for measures, investments and arrangements that reduce electricity consumption or reduce greenhouse gas emissions and lower energy costs at commercial or industrial facilities or that meet the requirements of paragraph E-1, and 35% of the funds received by the trust fund during those years must be used for investment in measures that lower residential heating energy demand and reduce greenhouse gas emissions. The measures that lower residential heating demand must be fuel-neutral and may include, but are not limited to, energy efficiency improvements to residential buildings and upgrades to efficient heating systems that will reduce residential energy costs and greenhouse gas emissions, as determined by the board. The trust shall transfer to the commission 15% of funds received by the trust fund during fiscal years 2013-14, 2014-15 and 2015-16, which the commission shall direct transmission and distribution utilities to disburse to ratepayers in a manner that provides maximum benefit to the Maine economy. Subject to the apportionment pursuant to this subsection, the trust shall fund conservation programs that give priority to measures with the highest benefit-to-cost ratio, as long as cost-effective collateral efficiency opportunities are not lost, and that:
 
(1) Reliably reduce greenhouse gas production and heating energy costs by fossil fuel combustion in the State at the lowest cost in funds from the trust fund per unit of emissions; or
 
(2) Reliably reduce the consumption of electricity in the State at the lowest cost in funds from the trust fund per kilowatt-hour saved.
Sec. 2.  35-A MRSA §10109, sub-§4, ¶E-1  is enacted to read:
 
E-1.  A consumer-owned transmission and distribution utility as defined in section 3201, subsection 6 may apply for funds under this section to support the development of a distributed generation facility or combined heat and power facility, as long as:
 
(1) The facility will reduce electricity consumption or reduce greenhouse gas emissions and lower energy costs for the ratepayers of the consumer-owned transmission and distribution utility;
 
(2) The facility will be owned and operated by an entity other than the consumer-owned transmission and distribution utility;
 
(3) The facility will have an electrical efficiency in excess of 40%, as determined by the trust; and
 
(4) The owner of the facility provides performance guarantees to insulate ratepayers from any risks associated with the construction of the facility.
 
SUMMARY
This bill allows a consumer-owned transmission and distribution utility to apply for funding from the Efficiency Maine Trust to support the development of a distributed generation facility or combined heat and power facility as long as the facility will reduce electricity consumption or reduce greenhouse gas emissions and lower energy costs, the facility will be owned and operated by an entity other than the consumer-owned transmission and distribution utility, the facility will meet certain electrical efficiency standards and the owner of the facility provides performance guarantees to insulate ratepayers from any risks associated with the construction of the facility.