An Act To Facilitate the Marketing of Power Produced by Small Generators
Maine Legislature, Session 124, LD 1114
Committee Amendment CA_A_H226 (House)
Amends: 35-A MRSA §3201, 35-A MRSA §3210-A

COMMITTEE AMENDMENT "R" to H.P. 769, L.D. I 114, Bill, "An Act To 
Facilitate the Marketing of Power Produced by Small Generators" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §3201, sub-§7-A is enacted to read: 
7-A. Efficient combined heat and power system. "Efficient combined heat and 
power system" means a system that: 
A. Produces heat and electricity from one fuel input, without restriction to specific 
fuel or generating technology; 
B. Has an electric generating capacity rating of least one kilowatt and not more than 
kilowatts and a fuel system efficiency of not less than 80% in the production of 
heat and electricity, or has an electric generating capacity of at least 3 I kilowatts and 
a fuel system efficiency of not less than 65% in the production of heat and electricity; 
C. May work in combination with supplemental or parallel conventional heating 
systems; 
D. Is manufactured, installed and operated in accordance with applicable government 
and industry standards; and 
E. Is connected to the electric grid and operated in conjunction with the facilities of a 
transmission and distribution utility. 
Sec. 2. 35-A MRSA §3201, sub-§8-A is enacted to read: 
8-A. Eligible small generator. "Eligible small generator" means a generator that has 
a generating capacity of 5 megawatts or less and generates electricity using: 
A. A renewable resource, as defined in section 3210, subsection 2, paragraph C; or 
B. An efficient combined heat and power system. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~ "to H.P. 769, L.D. I 114 
Sec. 3. 35-A MRSA §3210-A, sub-§2, as enacted by PL 2003, c. 555, §1, is 
amended to read: 
2. 
Transmission and distribution utility administration. 
Transmission and 
distribution utilities shall administer the purchase and sale of electricity to a standard-
offer service provider required under this seotion subsection I. 
Administrative costs 
incurred by a transmission and distribution utility under this subsection must be paid, in a 
manner established by the commission, by the generators of the electricity the purchase 
and sale of which the utility administers. 
Sec. 4. 35-A MRSA §3210-A, sub-§2-A is enacted to read: 
2-A. Purchase by competitive electricity providers. In addition to its obligations 
under subsection 2, a transmission and distribution utility may administer on behalf of 
any eligible small generator the purchase and sale of electricity to a competitive 
electricity provider. In carrying out this function, a transmission and distribution utility 
may in its discretion aggregate the output of multiple eligible small generators for the 
purpose of obtaining the most favorable purchase price on behalf of the generators. The 
parties to any resulting sale must be the eligible small generators and the competitive 
electricity provider. 
If a transmission and distribution utility aggregates the output of eligible small generators 
under this subsection and is unable to sell the aggregated output to a competitive 
electricity provider, the transmission and distribution utility shall administer the purchase 
and sale of the aggregated output to a standard-offer service provider in accordance with 
. the provisions of subsections I and 2. 
Sec. 5. 35-A MRSA §3210-A, sub-§3, as enacted by PL 2003, c. 555, § 1, is 
amended to read: 
3. Rules. The commission shall adopt rules to implement this seotion the provisions 
of subsections I and 2, including, but not limited to, rules identifying how the 
commission assigns purchasing obligations to particular standard-offer service providers 
and the timing and manner of such obligations. The commission may adopt rules and 
may amend any rules· necessary to implement the requirements of subsection 2-A, 
including rules to allow a transmission and distribution utility to collect an administrative 
fee from participating eligible small generators to cover reasonable costs incurred by the 
transmission and distribution utility under subsection 2-A. Rules adopted pursuant to this 
seotion subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
SUMMARY 
This amendment replaces the bill and makes the following changes. 
1. It clarifies the specific types of small generators whose power may be aggregated 
for sale to a competitive electricity provider by defining "eligible small generator" as a 
generator that has a generating capacity of up to 5 megawatts and generates electricity 
using a renewable resource or an efficient combined heat and power system. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'~ "to H.P. 769, L.D. 1114 
2. It provides for sale of aggregated output from eligible small generators to the 
standard-offer service provider in the event that a transmission and distribution utility is 
unable to sell the aggregated output to a competitive electricity provider. 
3. It permits, rather than'requires as in the bill, the Public Utilities Commission to 
adopt rules to implement the sale of aggregated output of eligible small generators to 
competitive electricity providers, including rules to allow a transmission and distribution 
utility to collect an administrative fee from participating eligible small generators to cover 
reasonable costs incurred by the transmission and distribution utility. It classifies the rules 
as routine technical rather than major substantive as in the bill. 
FISCAL ~OTE HEQUREO 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/01/09 ;:::!?:rae 
LD 1114 
LR 1662(02) 
An Act To Facilitate the Marketing of Power ,Produced by Small Generators 
Fiscal Note for Bill as Amended by Committee Amendment "/)" 
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Committee: Utilities and Energy 
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FiscalNote Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
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Additional costs to the Public Utilities Commission associated with marketing power produced by small generators 
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can be absorbed within existing budgeted resources. 
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LR1662(02) - Fiscal Note - Page 1 of 1