PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the amendment by inserting after the title the following:
‘
Amend the bill by striking out all of the emergency preamble (page 1, lines 1 to 13 in L.D.)
’
Amend the amendment in the first paragraph after the title (page 1, line 12 in amendment) by striking out the following: "sections 2 and 4." and inserting the following: 'section 2 and inserting the following:'
Amend the amendment by inserting after the first paragraph the following:
‘Sec. 2. 35-A MRSA §10103, sub-§3, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:
 
3. Administration of trust; director.   The board shall annually appoint, usingor reappoint a qualified full-time director of the trust. When making an initial appointment of an individual to the position of director of the trust, the board shall use a full and competitive search process, a qualified full-time director of the trustand a director's initial appointment as director is subject to review by the joint standing committee of the Legislature having jurisdiction over energy matters and to confirmation by the Senate. The Director of the Efficiency Maine Trust serves at the pleasure of the board. The director must have demonstrated experience in the planning, design or delivery of energy efficiency programs or the management of organizations that plan, design or deliver those programs. The board shall establish the rate and amount of compensation of the director and all other employees of the trust. The director:
 
A. Serves as the president of the trust and as the liaison between the board and any committee of the Legislature having jurisdiction over energy matters;
 
B. Is responsible for:
 
(1) Establishing an office for the trust;
 
(2) Hiring and organizing staff for the trust and determining their qualifications and duties; and
 
(3) Managing the trust's programs, services and staff and performing other duties as the board considers appropriate; and
 
C. May delegate to employees of the trust any powers and duties that the director considers proper.
Amend the bill by striking out all of section 4.
’
Amend the amendment by striking out all of subsection 2 (page 1, lines 15 to 31 in amendment) and inserting the following:
 
‘2.  Efficiency Maine Trust funds.    An amount equal to $300,000 must be transferred annually to the office from the Efficiency Maine Trust, established in section 10103, unless federal funds are adequate to meet the funding needs of the office. Funds transferred from the Efficiency Maine Trust may be used only for that portion of the office's activities that support or reasonably relate to programs or activities of the Efficiency Maine Trust. The commissioner shall keep an accounting of the office's resources devoted to its various duties and activities, including that portion of its resources devoted to activities in support of or reasonably related to programs or activities of the Efficiency Maine Trust. The commissioner shall provide the accounting to the joint standing committee of the Legislature having jurisdiction over energy matters as part of its annual report under section 10205, subsection 3. The joint standing committee of the Legislature having jurisdiction over energy matters shall make recommendations to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs with regard to any proposed allocation of Efficiency Maine Trust funds to support the office. In accordance with any legislative allocation or deallocation of Efficiency Maine Trust funds to support the office, the commissioner shall request from the Efficiency Maine Trust and the trust shall provide the allocated resources to the office.’
Amend the amendment by striking out all of section 8 and inserting the following:
‘Sec. 8. Application of change to appointment process. Notwithstanding the Maine Revised Statutes, Title 35-A, section 10103, subsection 3, the person holding the position of director of the Efficiency Maine Trust on the effective date of this Act remains the director of the trust under the procedure for appointment that was in law prior to the effective date of this Act.
Sec. 9. Appropriations and allocations. The following appropriations and allocations are made.
 
EXECUTIVE DEPARTMENT
 
Governor's Energy Office Z122
 
Initiative: Provides allocations to establish a new deputy commissioner position and for related costs.

OTHER SPECIAL REVENUE FUNDS	2015-16	2016-17	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$65,987	$89,840	
All Other	$1,875	$2,500	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$67,862	$92,340	

Governor's Energy Office Z122
 
Initiative: Provides allocations for activities relating to energy resources, planning and development.

OTHER SPECIAL REVENUE FUNDS	2015-16	2016-17	
All Other	$232,138	$207,660	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$232,138	$207,660	

EXECUTIVE DEPARTMENT			
DEPARTMENT TOTALS	2015-16	2016-17	
			
OTHER SPECIAL REVENUE FUNDS	$300,000	$300,000	
			
DEPARTMENT TOTAL - ALL FUNDS	$300,000	$300,000	
 
’
Amend the amendment by inserting after section 8 the following:
‘
Amend the bill by striking out all of the emergency clause.
’
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment changes the appointment process for the Director of the Efficiency Maine Trust. Under this amendment, the Efficiency Maine Trust Board will annually appoint or reappoint the director of the trust, and a director's initial appointment is subject to review by the joint standing committee of the Legislature having jurisdiction over energy matters and to confirmation by the Senate. This amendment specifies that the change in the law governing the appointment process does not affect the appointment of the current director of the Efficiency Maine Trust.
This amendment also clarifies the language in Committee Amendment "A" regarding the funding transferred to the Maine Energy Office from the Efficiency Maine Trust. Under this amendment, an amount equal to $300,000 must be transferred annually to the office unless federal funds are adequate to meet the funding needs of the office. This amendment retains the language from Committee Amendment "A" restricting the use of funds from the trust for that portion of the office's activities that support or reasonably relate to programs or activities of the trust. This amendment replaces the appropriations and allocations section.
This amendment also strikes the emergency preamble and the emergency clause.
FISCAL NOTE REQUIRED
(See attached)