An Act Relating To Net Energy Billing for Solar Energy Users
Maine Legislature, Session 125, LD 0183
Committee: Energy, Utilities and Technology
Sponsors: EVES, BARTLETT, HINCK, LUCHINI, WAGNER
Amends: 35-A MRSA §3209-A

Legislative Document 
No. 183 
H.P. 160 
House of Representatives, January 27, 2011 
An Act Relating To Net Energy Billing for Solar Energy Users 
(EMERGENCY) 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative EVES of North Berwick. 
Cosponsored by Senator BARTLETT of Cumberland and 
Representatives: HINCK of Portland, LUCHINI of Ellsworth, WAGNER of Lewiston. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is necessary to immediately ensure that persons who generate electricity 
by use of solar arrays and installations are treated fairly; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3209-A is enacted to read: 
§3209-A.  Net energy billing 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Eligible customer" means a customer of a transmission and distribution utility 
who owns or has legal rights to an eligible generator. 
B.  "Eligible generator" means an electricity generator that meets size, location, fuel 
use or efficiency qualifications established by the commission by rule. 
C.  "Net energy billing" means a metering and billing practice under which an 
eligible customer is billed on the basis of net energy used by that customer, taking 
into account electricity generated by the eligible customer from an eligible generator 
and electricity delivered to the eligible customer by the transmission and distribution 
utility. 
2.  Net energy billing option.  The commission by rule shall permit eligible 
customers to elect net energy billing.  The rules must allow an eligible customer to obtain 
credit for electricity generated by the eligible customer's eligible generator in excess of 
that used by the eligible customer during any billing period.  The commission may 
establish reasonable limits on the amount of credit that a customer may accumulate or the 
period of time over which credits may accumulate, except that in the case of an eligible 
customer with an eligible generator that relies on solar arrays and installations, the 
commission may not limit the amount of credit that the eligible customer may accumulate 
or the period of time over which credits may accumulate. 
3.  Rules.  Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Under current rules of the Public Utilities Commission, adopted pursuant to various 
laws governing the commission and designed to encourage the use of renewable 
resources, a customer who owns a small renewable or highly efficient generator may elect 
net energy billing under which the customer is billed on the basis of net energy used by 
that customer, taking into account electricity generated by the customer and electricity 
delivered to the customer by the transmission and distribution utility.  The rules allow the 
customer to obtain credit for electricity generated by the customer's generator in excess of 
that used by the customer during any billing period, but only over a period of 12 months.  
At the end of the 12-month period, any accumulated unused credits are lost. 
This bill requires the commission to permit certain customers to choose net energy 
billing and prohibits the commission from limiting the amount of credit that a customer 
may earn if the customer's generator relies on solar arrays and installations. 
The net effect of this bill is to remove the commission's authority to limit the amount 
of credit that a net-energy-billed customer may earn if the customer's generator relies on 
solar arrays and installations.