HP1079, LD 1509, item 29, Document Text

Amend the amendment by inserting after Part MMMMM the following:

PART NNNNN

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Sec. NNNNN-1. 35-A MRSA §10104, sub-§5, ¶B, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:

B. An accounting of:

(1) Assessments made on each transmission and distribution utility pursuant to section 10110 during the prior 12 months and projected assessments during the next 12 months and total Total deposits into and expenditures from the program fund during the prior 12 months and projected deposits into and expenditures from the program funds during the next 12 months;

(2) Assessments made pursuant to section 10111 during the prior 12 months and projected assessments during the next 12 months and total Total deposits into and expenditures from the natural gas conservation fund during the prior 12 months and projected deposits into and expenditures from the natural gas conservation fund during the next 12 months;

(3) Any heating fuel assessments made for the purposes of section 10119 during the prior 12 months and projected assessments during the next 12 months and total deposits into and expenditures from the Heating Fuels Efficiency and Weatherization Fund during the prior 12 months and projected deposits into and expenditures from the Heating Fuels Efficiency and Weatherization Fund during the next 12 months;

(4) Total funds received and expended by the State on energy efficiency and weatherization pursuant to the Weatherization Assistance for Low-income Persons Program of the United States Department of Energy and the Low-income Home Energy Assistance Program of the United States Department of Health and Human Services;

(5) The amount and source of any grants or funds deposited in the program fund pursuant to section 10110 during the previous 12 months and the projected amount and source of any such funds during the next 12 months; and

(6) Total deposits into and expenditures from the conservation administration fund under section 10110 during the prior 12 months and projected deposits into and expenditures from the conservation administration fund during the next 12 months;

Sec. NNNNN-2. 35-A MRSA §10110, sub-§2, ¶B, as enacted by PL 2009, c. 372, Pt. B, §3, is repealed.

Sec. NNNNN-3. 35-A MRSA §10110, sub-§4, as enacted by PL 2009, c. 372, Pt. B, §3, is repealed.

Sec. NNNNN-4. 35-A MRSA §10110, sub-§5, as amended by PL 2009, c. 518, §10, is repealed.

Sec. NNNNN-5. 35-A MRSA §10110, sub-§5-A is enacted to read:

5-A. No assessment for energy efficiency. Notwithstanding any other provision of law, the Public Utilities Commission may not order a transmission and distribution utility to procure any electric energy efficiency resources for the purposes of this chapter.

Sec. NNNNN-6. 35-A MRSA §10110, sub-§6, as enacted by PL 2009, c. 372, Pt. B, §3, is repealed.

Sec. NNNNN-7. 35-A MRSA §10110, sub-§7, ¶A, as enacted by PL 2009, c. 372, Pt. B, §3, is repealed.

Sec. NNNNN-8. 35-A MRSA §10110, sub-§8, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:

8. Conservation administration fund. The trust shall establish a conservation administration fund to be used solely to defray administrative costs. The commission, at the direction of the trust, may annually deposit funds collected pursuant to this section into the administration fund up to a maximum in any fiscal year of up to 9% of total funds received pursuant to subsections 4 and 5. Any interest on funds in the administration fund must be credited to the administration fund and any funds unspent in any fiscal year must either remain in the administration fund to be used to defray administrative costs or be transferred to the program fund.

Sec. NNNNN-9. 35-A MRSA §10110, sub-§10, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:

10. Funds held in trust. All funds collected from electricity consumers pursuant to this section are collected under the authority and deposited into the fund for the purposes of this section and are deemed to be held in trust for the purposes of benefiting electricity consumers. In the event funds are not expended or contracted for expenditure within 2 years of being collected from consumers, the commission shall return the value of those funds to consumers by appropriate reductions in the assessment collected pursuant to subsection 4.

Sec. NNNNN-10. 35-A MRSA §10110, sub-§12, as enacted by PL 2009, c. 372, Pt. B, §3, is repealed.

Sec. NNNNN-11. 35-A MRSA §10111, sub-§2, as amended by PL 2011, c. 637, §7, is further amended to read:

2. Funding level. The natural gas conservation fund, which is a nonlapsing fund, is established to carry out the purposes of this section. The commission shall assess each gas utility that serves at least 5,000 residential customers an amount that is no less than 3% of the gas utility's delivery revenues as defined by commission rule. In accordance with the triennial plan, the commission may assess a higher amount. All amounts collected under this subsection must be transferred to the natural gas conservation fund. Any interest on funds in the fund must be credited to the fund. Funds not spent in any fiscal year remain in the fund to be used for the purposes of this section.

The assessments charged to gas utilities under this section are just and reasonable costs for rate-making purposes and must be reflected in the rates of gas utilities.

All funds collected pursuant to this section are collected under the authority and deposited in the fund for the purposes of this section and are deemed to be held in trust for the purposes of benefiting natural gas consumers served by the gas utilities assessed under this subsection. In the event funds are not expended or contracted for expenditure within 2 years of being collected from consumers, the commission shall return the value of those funds to consumers by appropriate reductions in the assessment collected pursuant to this subsection.

Rules adopted by the commission under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. NNNNN-12. 35-A MRSA §10116, sub-§1, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:

1. Program and fund. The trust shall establish the Energy Conservation Small Business Revolving Loan Program, referred to in this subsection as "the program," and the Energy Conservation Small Business Revolving Loan Fund, referred to in this subsection as "the fund." The fund consists of federal capitalization grants and awards made to the State for the purposes for which the fund is established; any amounts that the trust deposits in the fund from the assessment on transmission and distribution utilities pursuant to section 10110 or from other program funds, to the extent that use of such funds for the program will be consistent with the requirements governing the use of such funds; principal and interest received from the repayment of loans made from the fund; any interest earned on investment of fund balances; and other funds from any public or private source received for the purposes for which the fund is established. The fund is a nonlapsing revolving fund account.

A. The trust shall credit all repayments of loans made to businesses, including interest, penalties and other fees and charges related to fund loans, to the fund account.

B. Money in the fund not needed to meet the current obligations of the program must be deposited with the Treasurer of State to the credit of the fund account and may be invested in such manner as is provided by law. Interest received on that investment must be credited to the fund account.

C. At the end of each fiscal year, all unencumbered balances in the fund account may be carried forward to be used for the purposes specified in this subsection.

Sec. NNNNN-13. Appropriations and allocations. The following appropriations and allocations are made.

EFFICIENCY MAINE TRUST

Efficiency Maine Trust Z100

Initiative: Deallocates all funding as a result of the elimination of the assessments collected by the Public Utilities Commission and transferred to the Efficiency Maine Trust.

OTHER SPECIAL REVENUE FUNDS 2013-14 2014-15

POSITIONS - LEGISLATIVE COUNT
(2.000) (2.000)

Personal Services
($161,295) ($169,464)

All Other
($14,179,836) ($14,404,090)

inline graphic sline.gif

OTHER SPECIAL REVENUE FUNDS TOTAL ($14,341,131) ($14,573,554)

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Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment removes the ability of the Public Utilities Commission to impose an assessment on transmission and distribution utilities for the purpose of funding the conservation efforts and energy efficiency and demand reduction resources of the Efficiency Maine Trust. It also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED

(See attached)

HP1079 LD 1509	Session - 126th Maine Legislature H "F" to C "A", Filing Number H-482, Sponsored by Willette		LR 1046 Item 29
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OTHER SPECIAL REVENUE FUNDS	2013-14	2014-15
POSITIONS - LEGISLATIVE COUNT	(2.000)	(2.000)
Personal Services	($161,295)	($169,464)
All Other	($14,179,836)	($14,404,090)

OTHER SPECIAL REVENUE FUNDS TOTAL	($14,341,131)	($14,573,554)