§ 35-A §10110 — Electric efficiency and conservation programs

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Programs.
The trust shall develop and implement conservation programs to help reduce energy costs for electricity consumers in the State by the maximum amount possible. The trust shall establish and, on a schedule determined by the trust, revise objectives and an overall energy strategy for conservation programs. Conservation programs implemented by the trust must be consistent with the objectives and an overall energy strategy developed by the trust and approved by the commission and be cost-effective, as defined by the board by rule. In defining "cost-effective," the board may consider the extent to which a program promotes sustainable economic development or reduces environmental damage to the extent the board can quantify or otherwise reasonably identify such effects. Consistent with the other requirements of this section, the trust, in adopting and implementing conservation programs, shall seek to encourage efficiency in electricity use, provide incentives for the development of new, energy-efficient business activity in the State and take into account the costs and benefits of energy efficiency and conservation to existing business activity in the State.
3.
Implementation.
The trust shall seek to implement the delivery of conservation programs in all regions of the State on an equitable basis and to citizens at all income levels. The trust may arrange the delivery of conservation programs by contracting with service providers. The trust shall select service providers in accordance with this subsection.
4.
Funding level; base assessment.
4-A.
Procurement of cost-effective energy efficiency and conservation resources.
The commission shall ensure that transmission and distribution utilities on behalf of their ratepayers procure through the trust the maximum achievable cost-effective electric energy efficiency and conservation resources pursuant to section 10104, subsection 4, except that the commission may not require the inclusion in rates under this subsection of a total amount that exceeds 4% of total retail electricity and transmission and distribution sales in the State as determined by the commission by rule. The cost of procurement of cost-effective electric energy efficiency and conservation resources is a just and reasonable element of rates. The commission may issue any appropriate orders to transmission and distribution utilities necessary to achieve the goals of this subsection. When determining the maximum achievable cost-effective energy efficiency resources, the commission shall:
5.
Other assessments on transmission and distribution utilities.
6.
Transmission and subtransmission voltage level.
After July 1, 2007, electricity customers receiving service at transmission and subtransmission voltage levels are not eligible for conservation programs undertaken under this section, and those customers are not required to pay in rates any amount associated with any procurement of energy efficiency resources by transmission and distribution utilities ordered under subsection 4‑A. For the purposes of this section, "transmission voltage levels" means 44 kilovolts or more, and "subtransmission voltage levels" means 34.5 kilovolts.
7.
Conservation program fund.
The trust shall establish a conservation program fund to be used solely for conservation programs.
8.
Administration fund.
The trust may transfer up to 9% of funds collected pursuant to this section to its administration fund to be used solely to defray administrative costs. 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.
9.
Prior conservation efforts.
Except as otherwise directed by the commission, transmission and distribution utilities shall continue to administer contracts associated with prior conservation efforts. Such contracts may not be renewed, extended or otherwise modified by transmission and distribution utilities in a manner that results in any increased expenditures associated with those contracts.
10.
Funds held in trust.
All funds collected from electricity consumers pursuant to this section are collected under the authority and 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 ensure that the value of those funds is returned to consumers.
11.
Resolution of disputes.
Upon receipt of an appropriate filing by a party to a contract relating to prior conservation efforts, the commission shall adjudicate a dispute relating to the interpretation or administration of the contract by the transmission and distribution utility.
12.
Ratemaking and cost recovery.
The assessments charged to transmission and distribution utilities under this section are just and reasonable costs for rate-making purposes and must be reflected in the rates of transmission and distribution utilities.
13.
Rules.
The trust shall adopt rules necessary to implement this section. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
14.
Effective date.
This section takes effect July 1, 2010.

Legislative History

PL 2009, c. 372, Pt. B, §3 (NEW). PL 2009, c. 518, §10 (AMD). PL 2011, c. 637, §6 (AMD). PL 2013, c. 369, Pt. A, §§18-24 (AMD). PL 2013, c. 369, Pt. A, §30 (AFF). PL 2013, c. 556, §2 (AMD). PL 2015, c. 255, §1 (AMD). PL 2015, c. 494, Pt. A, §§39, 40 (AMD). PL 2017, c. 414, §2 (AMD). PL 2019, c. 306, §§4, 5 (AMD). PL 2019, c. 313, §8 (AMD). PL 2019, c. 365, §§2, 3 (AMD). PL 2019, c. 608, §2 (AMD). PL 2021, c. 101, §2 (AMD). PL 2021, c. 209, §§4, 5 (AMD). PL 2021, c. 293, Pt. A, §48 (AMD). PL 2021, c. 298, §4 (AMD). PL 2021, c. 676, Pt. A, §51 (AMD). PL 2023, c. 328, §§6-8 (AMD). PL 2023, c. 516, Pt. B, §52 (AMD). PL 2023, c. 534, §4 (AMD).