An Act Regarding a Biomass-generated Energy Purchase and Sale Agreement and Payments to Contractors
Maine Legislature, Session 128, LD 1745
Committee: Energy, Utilities and Technology
Sponsors: JACKSON, STANLEY, CARPENTER, SAVIELLO, WOODSOME, BERRY, GIDEON, MARTIN

Legislative Document
No. 1745
S.P. 644
In Senate, December 22, 2017
An Act Regarding a Biomass-generated Energy Purchase and Sale 
Agreement and Payments to Contractors
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 19, 2017.  Referred to the Committee 
on Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator JACKSON of Aroostook.
Cosponsored by Representative STANLEY of Medway and
Senators: CARPENTER of Aroostook, SAVIELLO of Franklin, WOODSOME of York, 
Representatives: BERRY of Bowdoinham, Speaker GIDEON of Freeport, MARTIN of Eagle 
Lake.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  Legislative findings; contract termination and fund distribution.  
The Legislature finds that Stored Solar, LLC, a Maine limited liability company with 
biomass resource facilities located in Jonesboro and West Enfield, has failed to achieve 
the in-state economic benefits required under Public Law 2015, chapter 483, section 1 by 
failing to provide payments to logging contractors in a reasonable time and by failing to 
make sufficient in-state biomass purchases pursuant to the contract entered into between 
Central Maine Power Company and Stored Solar, LLC, pursuant to Public Utilities 
Commission Docket No. 2016-00084 and in accordance with Public Law 2015, chapter 
483, section 1.  The Legislature further finds that Stored Solar, LLC has failed in its 
commitment to continually operate its biomass resource facilities at least at 50% capacity 
except for planned and forced outages; therefore, notwithstanding any provision of Public 
Law 2015, chapter 483, the Public Utilities Commission:
1.  Fund transfer prohibited.  May not transfer any funds from the fund established 
in Public Law 2015, chapter 483, section 1, subsection 5 for the above-market costs for 
energy supplied from the biomass resources of Stored Solar, LLC pursuant to any 
contract entered into pursuant to Public Utilities Commission Docket No. 2016-00084 
and in effect on the effective date of this Act;
2.  Payments to logging contractors.  Shall distribute funds from the fund 
established in Public Law 2015, chapter 483, section 1, subsection 5 that are designated 
for Stored Solar, LLC to logging contractors that have not received payment for services 
provided, as of the effective date of this Act, to Stored Solar, LLC to run its biomass 
resource facilities in Jonesboro and West Enfield; and
3.  Fund transfer.  Shall direct a transmission and distribution utility to enter into a 
contract for no more than 40 megawatts of biomass resources with the biomass resource 
facility that submitted the next-highest ranked conforming bid after Stored Solar, LLC in 
response to the competitive solicitation issued by the Public Utilities Commission on June 
17, 2016, pursuant to Public Utilities Commission Docket No. 2016-00084, if the 
biomass resource facility serves the ISO-NE region, as defined in the Maine Revised 
Statutes, Title 35-A, section 1902, subsection 3.  The above-market costs of the contract 
must be paid with any funds remaining in the fund after making all payments under 
subsection 2.  The contract requirements in Public Law 2015, chapter 483, section 1, 
subsection 3 govern the contract entered into in accordance with this subsection.  Any 
funds remaining in the fund established in Public Law 2015, chapter 483, section 1, 
subsection 5 after all the above-market costs are paid in accordance with this subsection 
and payments are made in accordance with subsection 2 must be transferred to the Maine 
Budget Stabilization Fund established under Title 5, section 1532.
Sec. 2.  Recovery of funds.  The Public Utilities Commission shall request that the 
Attorney General investigate Stored Solar, LLC and institute any proceedings against 
Stored Solar, LLC to recover from Stored Solar, LLC an amount equal to the amount of 
funds that were distributed by the commission to contractors in accordance with section 
1, subsection 2.  If the State prevails in its action against Stored Solar, LLC under this 
section, the court shall award to the State the costs of investigation, expert witness fees, 
costs of the action and reasonable attorney's fees.  Any money recovered under this 
section must be transferred to the Maine Budget Stabilization Fund established under the 
Maine Revised Statutes, Title 5, section 1532.
SUMMARY
This bill contains legislative findings regarding the failure of Stored Solar, LLC to 
achieve in-state economic benefits and to continually operate its biomass resource 
facilities at least at 50% capacity except for planned and forced outages as required by 
law and contract.
This bill prohibits the Public Utilities Commission from providing any funds from the 
cost recovery fund to pay the above-market costs for energy supplied from the biomass 
resources of Stored Solar, LLC pursuant to a contract entered into between Central Maine 
Power Company and Stored Solar, LLC.  It requires the commission to distribute funds 
from the cost recovery fund that are designated for Stored Solar, LLC to contractors that 
have not received payment for services provided to Stored Solar, LLC to run its biomass 
resource facilities in Jonesboro and West Enfield.  It requires the commission to direct a 
transmission and distribution utility to enter into a contract for no more than 40 
megawatts of biomass resources with a biomass facility that serves the ISO-NE region 
and that was the next-highest conforming bid after Stored Solar, LLC in a competitive 
solicitation issued by the Public Utilities Commission on June 17, 2016.  It requires the 
above-market costs of the contract to be paid from any funds remaining in the cost 
recovery fund after payments are made to contractors and subject to meeting contract 
terms.
This bill requires the Public Utilities Commission to request that the Attorney 
General investigate Stored Solar, LLC and institute any proceedings against Stored Solar, 
LLC to recover from Stored Solar, LLC an amount equal to the amount of those funds 
distributed to contractors by the commission pursuant to this legislation.  It specifies that 
any money recovered by the Attorney General must be transferred to the Maine Budget 
Stabilization Fund established under the Maine Revised Statutes, Title 5, section 1532.