Public Laws

124th Legislature

Second Regular Session


Parts: A B C

Chapter 655

H.P. 1274 - L.D. 1786

PART B

Sec. B-1. 5 MRSA §282, sub-§9,  as enacted by PL 2009, c. 372, Pt. F, §3, is repealed and the following enacted in its place:

9 Energy infrastructure benefits fund.   To establish an energy infrastructure benefits fund. Except as otherwise provided by Title 35A, section 122, subsection 1C or any other law, including the Constitution of Maine, the fund consists of any revenues derived from the use of state-owned land and assets for energy infrastructure development pursuant to Title 35A, section 122. Each fiscal year, the Treasurer of State shall transfer 80% of revenues collected in the fund to the Efficiency Maine Trust for deposit by the Efficiency Maine Trust Board in program funds pursuant to Title 35A, section 10103, subsection 4 and use by the trust in accordance with Title 35A, section 10103, subsection 4A and 20% of revenues collected in the fund to the Department of Transportation for deposit in the Transportation Efficiency Fund established in Title 23, section 4210E and use by the department in accordance with Title 23, section 4210E, subsection 2. For the purposes of this subsection, "energy infrastructure" and "state-owned" have the same meanings as in Title 35A, section 122, subsection 1.

Sec. B-2. 23 MRSA §4210-E  is enacted to read:

§ 4210-E.   Transportation Efficiency Fund

1 Establishment; sources of funds.   The Transportation Efficiency Fund, referred to in this section as "the fund," is established as a nonlapsing fund administered by the Department of Transportation. The fund consists of revenues transferred from the energy infrastructure benefits fund pursuant to Title 5, section 282, subsection 9. Any interest on money in the fund must be credited to the fund. Money in the fund not spent in any fiscal year remains in the fund to be used for the purposes of this section.
2 Uses.   The fund must be used by the department to increase the energy efficiency of or reduce reliance on fossil fuels within the transportation system within the State. Uses of the fund may include, but are not limited to, rail, public transit, car and van pooling, zero-emission vehicles, biofuel and other alternative fuel vehicles, congestion mitigation and air quality initiatives that increase the energy efficiency of or reduce reliance on fossil fuels within the transportation system. The department must consider the transfer of funds to the Maine Turnpike Authority for uses consistent with this subsection. Any transfer to the Maine Turnpike Authority under this subsection in any calendar year may not exceed 10% of debt service payable by the Maine Turnpike Authority on its bonds in that calendar year.

Sec. B-3. 35-A MRSA §10103, sub-§4,  as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:

4. Program funding.   The board may apply for and receive grants from state, federal and private sources for deposit into appropriate program funds. The board may deposit in appropriate program funds the proceeds of any bonds issued for the purposes of programs administered by the trust. The board may receive and shall deposit in appropriate program funds revenue resulting from any forward capacity market or other capacity payments from the regional transmission organization that may be attributable to by those projects funded those by those funds. The board shall deposit into appropriate program funds revenue transferred to the trust from the energy infrastructure benefits fund pursuant to Title 5, section 282, subsection 9 for use in accordance with subsection 4-A. The board may also deposit any grants or other funds received by or from any entity with which the trust has an agreement or contract pursuant to this chapter if the board determines that receipt of those funds is consistent with the purposes of this chapter.

Sec. B-4. 35-A MRSA §10103, sub-§4-A  is enacted to read:

4-A Use of revenues from the energy infrastructure benefits fund.   The trust shall use revenues transferred to the trust from the energy infrastructure benefits fund pursuant to Title 5, section 282, subsection 9:
A To ensure the steady transition to energy independence and security for the people, communities, economy and environment of the State in accordance with the triennial plan. In the expenditure of funds pursuant to this paragraph, the trust may provide grants, loans, programs and incentives on a competitive basis. The trust shall apportion the expenditures of funds pursuant to this paragraph in any fiscal year as follows:

(1) Seventy-five percent for energy efficiency initiatives; and

(2) Twenty-five percent for alternative energy resources initiatives; and

B To compensate public members of the Interagency Review Panel pursuant to Title 5, section 12004G, subsection 30D.

As part of the annual report required under section 10104, subsection 5, the director shall report on the use of revenues from the energy infrastructure benefits fund. The report must document the revenues transferred from the energy infrastructure benefits fund to the trust during the most recently completed fiscal year and the current fiscal year and amounts and uses of money expended by the trust in accordance with this subsection during the most recently completed and the current fiscal year.

Sec. B-5. Transition; funding for public members of the Interagency Review Panel. Notwithstanding any other provision of law, until sufficient revenues from the energy infrastructure benefits fund are transferred to the Efficiency Maine Trust pursuant to the Maine Revised Statutes, Title 5, section 282, subsection 9 to compensate public members of the Interagency Review Panel pursuant to Title 5, section 12004G, subsection 30D, program funds of the Efficiency Maine Trust from other sources may be used for that purpose.

Sec. B-6. Transportation efficiency and alternative energy resources initiatives; working groups. The Executive Department, Governor's Office of Energy Independence and Security, referred to in this section as "the office," shall convene 2 working groups in accordance with this section to examine and make recommendations regarding transportation efficiency initiatives and alternative energy resources initiatives funded by the revenues collected in the energy infrastructure benefits fund established in the Maine Revised Statutes, Title 5, section 282, subsection 9.

1. The office shall convene a working group on transportation efficiency initiatives. The group must include, but is not limited to, a representative of the Department of Transportation, a representative of the Department of Environmental Protection and a representative of the Efficiency Maine Trust. The working group shall examine and make recommendations regarding the allocation of revenues from the energy infrastructure benefits fund for transportation-related purposes and the uses of the Transportation Efficiency Fund established in Title 23, section 4210-E. The working group shall submit its findings and recommendations no later than March 1, 2011 to the joint standing committees of the Legislature having jurisdiction over transportation matters and over utilities and energy matters.

2. The office shall convene a working group on alternative energy resources initiatives. The group must include, but is not limited to, a representative of the Efficiency Maine Trust, a representative of a statewide environmental advocacy organization and a representative of renewable energy consultants. The working group shall examine and make recommendations regarding the allocation of revenues from the energy infrastructure benefits fund pursuant to Title 5, section 282, subsection 9 to the Efficiency Maine Trust and the uses of those revenues according to Title 35-A, section 10103, subsection 4-A for alternative energy resources initiatives. The working group shall submit its findings and recommendations no later than March 1, 2011 to the joint standing committees of the Legislature having jurisdiction over transportation matters and over utilities and energy matters.

Sec. B-7. Appropriations and allocations. The following appropriations and allocations are made.

TRANSPORTATION, DEPARTMENT OF

Transportation Efficiency Fund N106

Initiative: Establishes the Transportation Efficiency Fund.

OTHER SPECIAL REVENUE FUNDS 2009-10 2010-11
All Other
$0 $500
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $500

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333