APPROVED CHAPTER
MARCH 25, 2024 150
BY GOVERNOR RESOLVES
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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S.P. 638 - L.D. 1606
Resolve, to Study Opportunities and Provide Guidance for School Clean
Energy and Energy Efficiency Programs
Sec. 1. Study to evaluate opportunities for clean energy and energy
efficiency programs in schools; report. Resolved: That the Department of
Education's office of innovation, in coordination with the Office of Policy Innovation and
the Future, the Governor's Energy Office and the Efficiency Maine Trust, shall conduct a
study and develop guidance to assist public elementary and secondary schools in the State
with achieving energy efficiency and maximizing the use of clean energy. The study must
include:
1. Identification and review of current and anticipated:
A. State and federal programs available to public elementary and secondary schools in
the State for supporting energy audits and energy efficiency projects and financing and
development of clean energy and clean transportation; and
B. Options for public elementary and secondary schools to contract with energy
services companies, as defined in the Maine Revised Statutes, Title 5, section 1770,
subsection 2, paragraph B, including opportunities for 3rd-party financing of school
construction; and
2. Review and consideration of:
A. National climate policies and best practices, including, but not limited to, those
described in Executive Order No. 14008, 86 Federal Register, 7619, January 27, 2021,
and from relevant jurisdictions; and
B. State policies related to labor practices and workforce enhancement standards,
including, but not limited to, those described in the Maine Revised Statutes, Title 35-A,
section 3408, subsection 2, paragraph F, subparagraph (2).
The guidance developed through this study must address how the programs and
contracting options reviewed in accordance with subsection 1 may be effectively accessed
and used by public elementary and secondary schools in the State and how public
elementary and secondary schools can incorporate the best practices and standards
reviewed in accordance with subsection 2 within those programs and contracting options.
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 No later than January 31, 2025, the Department of Education's office of innovation
shall provide a report of its activities, as well as guidance for public elementary and
secondary schools in the State for achieving energy efficiency, to the joint standing
committees of the Legislature having jurisdiction over energy matters and education
matters. The report may also include recommendations for legislation. The joint standing
committee of the Legislature having jurisdiction over energy matters may report out a bill
related to the report to the 132nd Legislature in 2025.
Sec. 2. Department of Education to develop contracting guidance for
schools; report. Resolved: That the Department of Education, in consultation with the
Office of Policy Innovation and the Future, the Governor’s Energy Office, the Efficiency
Maine Trust, relevant state agencies and representatives from school leadership, including
superintendents, business officers and facilities managers, shall develop contracting
guidance for public elementary and secondary schools to assist the schools with saving
money through energy efficiency, clean energy and clean transportation projects. The
guidance must be designed to assist schools entering into contracts for such projects,
including energy performance contracts with energy service companies, as defined in the
Maine Revised Statutes, Title 5, section 1770, subsection 2, paragraph B, to maximize
federal tax incentives and ensure timely and on-budget project completion of the contracted
project or service.
No later than January 31, 2025, the Department of Education shall provide a report,
including draft guidance, to the joint standing committees of the Legislature having
jurisdiction over energy matters and education matters. The report may also include
recommendations for legislation. The joint standing committee of the Legislature having
jurisdiction over education matters may report out a bill related to the report to the 132nd
Legislature in 2025.
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