An Act To Assist Municipalities with the Recycling of Solid Waste by Allowing Net Electrical Billing Credits
Maine Legislature, Session 127, LD 1359
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, CAMPBELL, BURNS, KATZ, ROSEN
Amends: Title 16, Section 2601

Legislative Document 
No. 1359 
S.P. 492 
In Senate, April 21, 2015 
An Act To Assist Municipalities with the Recycling of Solid Waste 
by Allowing Net Electrical Billing Credits 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative CAMPBELL of Orrington and 
Senators: BURNS of Washington, KATZ of Kennebec, ROSEN of Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA c. 24, sub-c. 9 is enacted to read: 
SUBCHAPTER 9 
SOLID WASTE MANAGEMENT NET ELECTRICAL BILLING 
§2241.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1.  Electrical utility.  "Electrical utility" means a transmission and distribution utility 
as defined in Title 35-A, section 102, subsection 20-B. 
2.  Electricity supply billing.  "Electricity supply billing" means the portion of a 
periodic electricity bill that charges for energy, ancillaries, the independent system 
operator and other included costs.  "Electricity supply billing" does not include any 
portion of the transmission and distribution component of a customer's periodic electrical 
bill. 
3.  Governmental entity customer.  "Governmental entity customer" means a 
municipality that enters into a contract under section 2242. 
4.  Municipal solid waste.  "Municipal solid waste" means the solid waste collected 
by a governmental entity customer that remains after the program of reuse, reduction, 
recycling and composting certified under section 2422, subsection 2 and that is sent to a 
participating waste-to-energy facility for processing and conversion into electricity. 
5.  Net electrical billing credits.  "Net electrical billing credits" means the monetary 
credits that must be applied by an electrical utility to the monthly electricity bill of a 
governmental entity customer that has earned those credits by sending municipal solid 
waste to a participating waste-to-energy facility for conversion into electricity pursuant to 
a contract under section 2242, subsection 1. 
6.  Participating waste-to-energy facility.  "Participating waste-to-energy facility" 
means a solid waste disposal facility licensed by the department that converts municipal 
solid waste to electricity through incineration, reduces the volume of the municipal solid 
waste it processes by at least 80% and the weight by at least 65% and is not a party to a 
power purchase agreement entered into pursuant to the Public Utility Regulatory Policies 
Act of 1978, United States Code, Title 16, Section 2601, et seq. 
§2242.  Solid waste management net electrical billing program 
1.  Contracts.  A participating waste-to-energy facility may develop, offer and enter 
into a contract to convert a governmental entity customer's municipal solid waste to 
electricity and to provide net electrical billing credits to a governmental entity customer 
based upon the number of metered kilowatt-hours produced by such conversion.  A 
contract authorized under this subsection must be certified by the department as 
complying with the provisions of this subchapter. 
2.  Governmental entity customer certification.  A governmental entity customer 
that enters into a contract pursuant to subsection 1 shall provide an annual written 
certification to the department that it operates a program that provides for the reuse, 
reduction, recycling and composting of at least 30% of the solid waste it collects before it 
sends that municipal solid waste to a participating waste-to-energy facility for processing 
and conversion into electricity. 
3.  Metering.  A contract entered into pursuant to subsection 1 must require the 
collection of electricity production and consumption information through the use of 2 
types of metering: 
A.  Metering by generation meters registering the flow of electricity produced 
through the incineration of municipal solid waste at a participating waste-to-energy 
facility; and 
B.  Metering by consumption meters registering the consumption of electricity by a 
governmental entity customer. 
4.  Annual electrical crediting calculation.  A participating waste-to-energy facility 
shall annually report to the department and the Public Utilities Commission its calculation 
of its municipal solid waste to electricity conversion factor, which is the average number 
of kilowatt-hours of electricity generated from the processing of one ton of municipal 
solid waste, determined by dividing the total electrical power generated by the facility in 
processing municipal solid waste, according to generation metering under subsection 3, 
by the total number of tons of municipal solid waste processed during the prior year.  The 
participating waste-to-energy facility shall certify the calculation under this subsection 
and provide the calculation to the department and the Public Utilities Commission on or 
before a date determined by the department. 
5.  Annual electrical crediting rate.  Based on the calculations provided to the 
department and the Public Utilities Commission pursuant to subsection 4, the department, 
in cooperation with the Public Utilities Commission, shall set the annual rate at which net 
electrical billing credits must be determined by each participating waste-to-energy facility 
for the next year. 
6.  Reporting of net electrical billing credits.  Each month a participating waste-to-
energy facility shall provide to an electrical utility that provides electric service to a 
governmental entity customer a report identifying the number of net electrical billing 
credits earned during the preceding billing cycle by each governmental entity customer 
that receives electric service from that electrical utility.  A participating waste-to-energy 
facility shall provide to each governmental entity customer a report identifying the 
number of net electrical billing credits earned by that customer.  An electrical utility shall 
enter into a contract with a participating waste-to-energy facility and each governmental 
entity customer for the transfer of electrical energy to those utilities.  A contract under 
this subsection must be certified by the department, in consultation with the Public 
Utilities Commission, as complying with the provisions of this subchapter. 
7.  Application of electrical billing credits.  An electrical utility shall apply reported 
net electrical billing credits for a governmental entity customer on the customer's next 
monthly electricity bill.  Credits may be applied only to either the standard offer service 
charge or competitive energy supplier charge on the electricity supply billing portion of 
the governmental entity customer's monthly electricity bill.  Credits on a monthly 
electricity bill not used by a governmental entity customer must be carried over and 
applied to a future monthly electricity bill for that customer. 
§2243.  Administration 
This subchapter is administered by the department in consultation, when considered 
appropriate by the department, with the Public Utilities Commission. 
§2244.  Rulemaking 
The department shall adopt rules necessary for the operation and administration of 
this subchapter.  Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
§2245.  Legislative review 
Beginning in 2017 and every 2 years thereafter, the joint standing committee of the 
Legislature having jurisdiction over environmental and natural resources matters shall 
review the percentage of solid waste that a governmental entity customer is required to 
reuse, reduce, recycle or compost under section 2242, subsection 2. 
SUMMARY 
This bill provides that a municipality that operates a program of solid waste reuse, 
reduction, recycling and composting may send municipal solid waste to a waste-to-energy 
facility and receive credits on the municipality's electricity bill for the electricity that is 
generated from the incineration of the municipal solid waste.