An Act To Establish Energy Policy in Maine
Maine Legislature, Session 128, LD 1313
Committee: Energy, Utilities and Technology
Sponsors: SANBORN, WOODSOME, BERRY, COOPER, HARVELL, O'CONNOR, RILEY, RYKERSON
Amends: 35-A MRSA §10109

Legislative Document
No. 1313
H.P. 910
House of Representatives, April 4, 2017
An Act To Establish Energy Policy in Maine
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SANBORN of Portland.
Cosponsored by Senator WOODSOME of York and
Representatives: BERRY of Bowdoinham, COOPER of Yarmouth, HARVELL of Farmington, 
O'CONNOR of Berwick, RILEY of Jay, RYKERSON of Kittery.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §10109, sub-§3-A, as enacted by PL 2015, c. 498, §1, is 
amended to read: 
3-A.  Payments.  The trust shall transfer funds to the commission $3,000,000 per 
each year during fiscal years 2016-17, 2017-18 and 2018-19 in accordance with this 
subsection to be used by the commission for disbursements to affected customers.  
Affected customers who use An affected customer who uses the entire disbursement 
received by that customer toward an efficiency measure approved by the trust in the fiscal 
year in which it is received must receive $1 of assistance from the trust for every $3 of 
the disbursement plus any additional customer funds that is applied by the affected 
customer toward the cost of the approved efficiency measure as long as the total of 
assistance from the trust and the disbursement allocated by the commission under this 
subsection for that customer for that fiscal year does not exceed 65% of the total measure 
cost. 
For the purposes of this subsection, "affected customer" means a customer who is not 
primarily in the business of selling electricity, is receiving service at a transmission or 
subtransmission voltage level as defined in section 10110, subsection 6 within the 
electrical utility transmission system administered by an independent system operator of 
the New England bulk power system or a successor organization and is an energy-
intensive manufacturer, as defined in reports prepared by the U.S. Energy Information 
Administration.  The commission may also determine that a manufacturer not defined as 
an energy-intensive manufacturer in reports prepared by the U.S. Energy Information 
Administration is an affected customer if that manufacturer meets the other requirements 
of the definition under this subsection. 
A.  No later than November 1st of each applicable fiscal year, the commission shall 
direct funds totaling $3,000,000 per each year during fiscal years 2016-17, 2017-18 
and 2018-19 to be disbursed for the benefit of affected customers in proportion to 
their retail purchase of electricity as measured in kilowatt-hours for the prior calendar 
year.  The total amount to be disbursed must be determined by the commission by 
multiplying the percentage of the affected customer's share of the annual load by the 
actual annual revenues resulting from the sale of carbon dioxide allowances under 
this section. 
B.  During fiscal years 2016-17, 2017-18 and 2018-19, an affected customer who 
receives a disbursement under this subsection is not eligible to receive financial or 
other assistance from the trust fund established in this section except as allowed 
under this subsection.  This ineligibility does not apply to any trust program 
opportunity notices issued before July 1, 2016 or to any affected customer that elects, 
in writing to the commission, to opt out of receiving a disbursement under this 
subsection for the full period of fiscal years 2017-18 and 2018-19.  The commission 
shall reduce the total amount to be disbursed under paragraph A as necessary to 
reflect the share of load represented by customers electing to opt out. 
C.  The commission shall include in its annual report pursuant to section 120, 
subsection 7 to the joint standing committee of the Legislature having jurisdiction 
over public utilities matters a description of the commission's activities in carrying 
out the requirements of this subsection, a list of affected customers receiving 
disbursements, a list of those who elected to use the disbursements toward efficiency 
measures and the results of the activities under this subsection. 
SUMMARY 
This bill amends the law regarding the transfer of funds from the Regional 
Greenhouse Gas Initiative Trust Fund to the Public Utilities Commission for the purpose 
of the commission's making disbursements to affected manufacturing customers in 
proportion to their retail purchase of electricity.  The bill removes the requirement to 
transfer $3,000,000 per year and instead directs the commission to determine the total 
amount to be disbursed based on a percentage.  The bill allows affected customers to opt 
out of receiving a disbursement.  The bill requires an affected customer to use the entire 
amount disbursed by the commission toward the cost of an approved efficiency measure 
in order for the affected customer to be eligible to receive matching funds from 
Efficiency Maine Trust.