An Act To Lower Energy Costs and Increase Renewable Energy in Maine
Maine Legislature, Session 123, LD 2149
Committee Amendment CA_A_H790 (House)

COMMITTEE AMENDMENT "A" to H.P. 1529, L.D. 2149, Bill, "An Act To 
Lower Energy Costs and Increase Renewable Energy in Maine" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Encourage Renewable Energy and Energy Conservation in 
Maine' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Net energy billing. Resolved: That the Public Utilities Commission 
shall review and make recommendations for changes to the statutes and rules governing 
net energy bi lling for customers of transmission and distribution utilities, including the 
relevant provisions of the commission's rules governing the purchase of electricity from 
small generators, in order to promote and encourage energy generation from renewable 
resources. The review must include, but is not limited to, consideration of the intent of 
the laws and rules at the time they were established, the status of net energy billing 
policies in other states and their implementation, the relevant portions of the report of the 
Governor's Task Force on Wind Power Development in Maine pursuant to Executive 
Order 31 FY 06/07 and the relevant portions of the commission's final report pursuant to 
Resolve 2005, chapter 187 regarding continued participation in the New England regional 
transmission organization. 
By January IS, 2009, the commission shall submit a report of its findings and 
recommendations regarding net energy billing, and any necessary implementing 
legislation, to the joint standing committee of the Legislature having jurisdiction over 
utilities and energy matters. The report must, at a minimum, address the following aspects 
of net energy billing: 
I. Limits on installed capacity; 
Page J- 123LR2834(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A· to H.P. 1529. L.D. 2149 
2. The value of kilowatt-hour credits, including options for separating transmission 
and distribution charges from energy charges; 
3. The treatment of net excess generation, including options for excess energy with 
respect to renewable energy credits; and 
4. The proximity of the renewable energy facility to the customer; and be it further 
Sec. 2. Interconnection standards for small renewable energy facilities. 
Resolved: That the Public Utilities Commission shall review and make a determination 
regarding the establishment of statewide standards for the interconnection of small 
renewable energy facilities to the energy grid. For the purposes of this section, "small" 
means an installed capacity of no more than 5 megawatts. In making its determination, 
the commission shall consider relevant federal laws and rules as well as interconnection 
standards that have been developed by states and other appropriate entities. 
If the 
commission finds that statewide interconnection standards for small renewable energy 
facilities are advisable, the commission shall proceed to develop such standards. In any 
development of interconnection standards pursuant to this section, the commission may 
establish different standards for different tiers of facilities based on generating capacity 
and may develop any necessary interconnection agreements and related forms, as 
appropriate. 
By January 15, 2009, the commission shall submit a report of its findings and 
recommendations regarding statewide interconnection standards to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters. The 
report must include any standards developed pursuant to this section, together with any 
necessary implementing legislation, as appropriate; and be it further 
Sec. 3. Shared ownership of renewable energy facilities. Resolved: That 
the Public Utilities Commission shall adopt rules to allow for the development of 
renewable energy facilities under shared ownership and to permit net energy billing, or 
another more cost-effective alternative to net energy billing, for users of such a facility 
regardless of the physical distance of the users from the facility. Rules adopted pursuant 
to this section are major substantive rules as defined in the Maine Revised Statutes, Title 
5, chapter 375, subchapter 2-A. Rules adopted pursuant to this section must be submitted 
to the Legislature by January 15, 2009 for review by the joint standing committee of the 
Legislature having jurisdiction over utilities and energy matters during the First Regular 
Session of the 124th Legislature; and be it further 
Sec. 4. Time-of-use rates; advanced metering infrastructure. Resolved: 
That the Public Utilities Commission shall develop a proposal for establishing time-of-
use rates for commercial and residential electricity customers. The proposal must provide 
for differential rates for the cost of energy based on the time of use of the energy, 
adjusted by the level of demand on the energy grid. The commission shall also develop a 
proposal for an advanced metering infrastructure program that would enable all 
commercial and residential customers to have installed electric meters that can provide 
customers with energy price information. Any proposal developed under this section 
must be found by the commission to be cost-effective, taking into account the full range 
of potential costs and benefits, with or without the inclusion of an opt-out provision. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A" to H.P. 1529, L.D. 2149 
By March 15, 2009, the commission shall submit a report presenting the proposals for 
time-of-use rates and advanced metering infrastructure to the joint standing committee of 
the Legislature having jurisdiction over utilities and energy matters. The report must 
include recommendations regarding implementation of each proposal as well as the 
results of the cost-benefit analysis of each, together with any necessary implementing 
legislation. 
The requirements of this section are not intended to interfere with any 
pending proceedings before the commission relating to the subject matter of this section; 
and be it further 
Sec. 5. Reuse of waste heat. Resolved: That the director of the Governor's 
Office of Energy Independence and Security within the Executive Department, referred to 
in this section as "the director," and the Energy Resources Council established in the 
Maine Revised Statutes, Title 5, section 3327 shall jointly undertake a project under the 
direction and leadership of the director to examine opportunities for energy conservation 
through the reuse of waste heat and make recommendations for eliminating barriers to 
and creating incentives for the installation of systems that conserve energy through the 
reuse of waste heat. The project must include an examination of technical and policy 
issues and consideration of tax incentives and other policies and programs to encourage 
such systems. The director and the Energy Resources Council shall also jointly develop a 
plan to reduce peak-load energy consumption in existing and new state government 
buildings. 
By December 1, 2009, the Governor's Office of Energy Independence and Security 
shall submit a report that includes findings and recommendations regarding energy 
conservation through the reuse of waste heat and the plan for reducing peak consumption 
in state government buildings, together with any necessary implementing legislation, to 
the joint standing committee of the Legislature having jurisdiction over utilities and 
energy matters; and be it further 
Sec. 6. Authority for legislation. Resolved: That, after receipt and review of 
any report required by this resolve, the joint standing committee of the Legislature having 
jurisdiction over utilities and energy matters may submit legislation concerning the 
subject matter of the report to the First Regular Session or the Second Regular Session of 
the 124th Legislature, as appropriate.' 
SUMMARY 
This amendment replaces the bill with a resolve. The amendment: 
1. Replaces the provisions of the bill regarding net energy billing with a directive to 
the Public Utilities Commission to review and make recommendations for changes to the 
statutes and rules governing net energy billing and submit a report of its findings by 
January 15, 2009; 
2. 
Requires the Public Utilities Commission to conduct a review to determine 
whether the State should establish statewide standards for interconnection of renewable 
generation facilities and then, if determined to be appropriate, proceed to establish those 
standards; 
3. Specifies the rules for shared ownership of renewable energy projects as major 
substantive rules. The bill had specified these as routine technical rules; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A" to H.P. 1529, L.D. 2149 
4. Eliminates the requirement in the bill that any new construction include a time-of-
use meter, maintains the provision requiring the Public Utilities Commission to develop a 
proposal for time-of-use rates and, instead of requiring the commission to develop a plan 
for statewide distribution for time-of-use meters, requires the commission to develop a 
proposal for advanced metering infrastructure; 
5. 
Removes the provision in the bill that authorizes the Maine State Housing 
Authority to issue up to $5,000,000 in bonds to establish a home energy audit program; 
and 
6. Adds a provision that requires the director of the Governor's Office of Energy 
Independence and Security and the Energy Resources Council to undertake a joint project 
to examine opportunities for energy conservation through the reuse of waste heat and to 
develop a plan to reduce peak-load energy consumption in existing and new state 
government buildings. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/1 4/08 Mac 
LD 2149 
LR 2834(02) 
An Act To Lower Energy Costs and Increase Renewable Energy in Maine 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs associated with this legislation can be absorbed by the Public Utilities Commission and the 
Governor's Office of Energy Independence and Security utilizing existing budgeted resources. 
LR2834(02) - Fiscal Note - Page I of I