An Act To Reduce Electricity Costs through Nonl~es Alternatives
Maine Legislature, Session 129, LD 1181
Committee Amendment CA_A_H431 (House)
Amends: 35-A MRSA §102, 35-A MRSA §116, 35-A MRSA §1701, 35-A MRSA §3131, 35-A MRSA §3132, 35-A MRSA §3132-A, 35-A MRSA §3132-B, 35-A MRSA §3132-C, 35-A MRSA §3132-D, 35-A MRSA §3143, 35-A MRSA §10104

COMMITTEE AMENDMENT "L1 " to H.P. 855, L.D. 1181, Bill, "An Act To 
Reduce Electricity Costs through Nonl~es Alternatives" 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 35-A MRSA §102, sub-§13, as amended by PL 2009, c. 539, §1, is 
further amended to read: 
13. Public utility. "Public utility" includes every gas utility, natural gas pipeline 
utility, transmission and distribution utility, telephone utility, water utility and ferry, as 
those terms are defined in this section, and each of those utilities is declared to be a public 
utility. "Public utility" does not include the operation of a radio paging service, as that 
term is defined in this section, or mobile telecommunications services unless only one 
entity or an affiliated interest of that entity, as defined in section 707, subsection 1, 
paragraph A, exclusively controls the use of the radio frequency spectrum assigned by the 
Federal Communications Commission to provide mobile service to the service area. 
"Public utilitv" includes a smart grid coordinator as defined in section 3143. sl:l-bsection 1. 
paragraph B. 
Nothing in this subsection precludes: 
A. The jurisdiction, control and regulation by the commission pursuant to private and 
special act of the Legislature; 
B. The commission's jurisdiction and control over and regulation of a public utility 
that provides, in addition to other services, radio paging service or mobile 
telecommunications services; 
C. The commission's jurisdiction and control over and regulation of basic exchange 
telephone service offered by a provider of mobile telecommunications services if, 
after investigation and hearing, the commission determines that the provider is 
engaged in the provision of basic exchange telephone service; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to H.P. 855, L.D. 1181 
D. Negotiations for, or negates agreements or arrangements existing on the effective 
date of this paragraph relating to, rates, terms and conditions for interconnection 
provided by a telephone utility to a company providing radio paging or mobile 
telecommunications services. 
Sec. 2. 35-A MRSA §116, sub-§9 is enacted to read: 
9. Public Advocate special assessment. Bach investor-owned transmission and 
distribution utility subject to assessment under this section is subject to an additional 
annual assessment on its intrastate gross operating revenues to produce sufficient revenue 
for expenditures of the Office of the Public Advocate for contracted services and 
administrative costs associated with the nonwires alternative coordinator pursuant to 
section 1701, subsection 2-A. Revenue produced from the assessments must be deposited 
in the Public Advocate Regulatory Fund and used only for purposes specified in this 
subsection. 
Sec. 3. 35-A MRSA §1701, sub-§2-A is enacted to read: 
2-A. Nonwires alternative policv: coordinator; services. The Public Advocate 
shall contract with a person or entity, referred to in this subsection as "the nonwires 
alternative coordinator," to provide services in accordance with this subsection. As used 
in this subsection, 
11nonwires alternative" has the same meaning as in section 3131, 
subsection 4-C. The nonwires alternative coordinator shall: 
A. Review small transmission project and distribution project planning studies in 
accordance with section 3132-B; 
B. 
Investigate and make recommendations regarding nonwires alternatives to 
proposed capital investments in the transmission and distribution system pursuant to 
sections 3132, 3132-A and 3132-B and in accordance with section 3132-C; 
C. 
Conduct benefit-cost analyses to evaluate the cost-effectiveness of nonwires 
alternatives and make recommendations regarding nonwires alternatives and 
procurement of recommended nonwires alternatives in accordance with sections 
3132-C and 3132-D; and 
D. Track the implementation of nonwires alternative projects in the State and issue 
quarterly reports on the projects' progress, including project budgets, timelines, in-
service dates, costs incurred, operational savings and other benefits. 
The nonwires alternative coordinator shall collaborate with the Efficiency Maine Trust, 
transmission and distribution utilities and interested parties in performing the services 
required by this subsection. 
The Public Advocate shall include in its annual report required under section 1702, 
subsection 6 information regarding the services provided by the nonwires alternative 
coordinator. 
Sec. 4. 35-A MRSA §1701, sub-§3, ~' as enacted by PL 1999, c. 259, §4, is 
amended to read: 
F. Special Assistant to the Public Advocate, salary range ~ 25. 
Sec. 5. 35-A MRSA §3131, sub-§§4-C and 4-D are enacted to read: 
COMMITTEE AMENDMENT 
A. of S. 
COMMITTEE AMENDMENT "A" to H.P. 855, L.D. 1181 
4-C. 
Nonwires alternative. 
"Nonwires alternative" means a nontransmission 
alternative or an infrastructure, technology or application that defers or reduces the need 
for capital investment in the transmission and distribution system and addresses system 
reliability needs proposed to be met by the transmission or distribution system 
investment. 
4-D. Nonwires alternative coordinator. "Nonwires alternative coordinator" means 
the person or entity providing services under contract to the Office of the Public 
Advocate as described in section 1701, subsection 2-A. 
Sec. 6. 35-A MRSA §3131, sub-§8 is enacted to read: 
8. Cost-effective. "Cost-effective" means, with respect to nonwires alternatives, that 
benefits exceed costs. as determined by benefit-cost analysis conducted pursuant to 
section 3132-C. subsection 2. 
Sec. 7. 35-A MRSA §3132, sub-§2-D, as enacted by PL 2017, c. 201, §4, is 
amended to read: 
2-D. Nontransmission alternatives investigation; consideration. In considering 
whether to approve or disapprove all or portions of a proposed transmission line and 
associated infrastructure pursuant to subsection 5, the commission shall. for a 
transmission line proposed by an investor-owned transmission and distribution utility, 
consider the results and recommendations of an investigation by an independent 3rd 
party, whieh may be the commission or a contractor selected by the commission, of 
nontransmission alternatives to construction of the proposed transmission line. 
The 
investigation must set forth the total projected costs of the transmission line as well as the 
total projected costs of the alternatives over the effective life of the proposed transmission 
line the nonwires alternative coordinator conducted in accordance with section 3132-C. 
Sec. 8. 35-A MRSA §3132, sub-§3, as amended by PL 2009, c. 123, §3, is 
further amended to read: 
3. Transmission line rebuilding or relocation projects. Each transmission and 
distribution utility shall file annually with the commission and the Office of the Public 
Advocate, for review by the nonwires alternative coordinator. a schedule of transmission 
line rebuilding or relocation projects that it intends to carry out during the next 5 years 
concerning transmission lines that will become, or will remain at, voltages of 69 kilovolts 
or more. The schedule must describe each project, showing the length, location and 
estimated cost. 
If the commission determines that an investigation of any transmission line rebuilding or 
relocation project is warranted, it shall notify the transmission and distribution utility 
within 60 days of the annual filing and the transmission and distribution utility is then 
required to comply with the provisions of this section with respect to that project. The 
absence of commission notification requiring the utility to file a petition does not 
preclude such notification in subsequent years. 
Sec. 9. 35-A MRSA §3132, sub-§3-A, as amended by PL 2009, c. 123, §4, is 
further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 855, L.D. 1181 
3-A. Minor transmission line construction projects. Each domestic transmission 
and distribution utility shall file annually with the commission and the Office of the 
Public Advocate, for review by the nonwires alternative coordinator, a schedule of minor 
transmission line construction projects that it intends to carry out during the next 5 years 
concerning transmission lines that will be capable of operating at 69 kilovolts or more. A 
minor transmission line construction project is a transmission line construction project the 
cost of which does not exceed 25% of the utility's current annual transmission property 
depreciation charge. 
The schedule must describe each project, showing the length, 
location and estimated cost. 
If the commission determines that an investigation of any minor transmission line 
construction project is warranted, it shall notify the transmission and distribution utility 
within 60 days of the annual filing and the utility must then comply with the provisions of 
this section with respect to that project. 
The absence of commission notification 
requiring the utility to file a petition does not preclude such notification in subsequent 
years. 
Sec. 10. 35-A MRSA §3132, sub-§5, as amended by PL 2013, c. 369, Pt. C, §4, 
is further amended to read: 
5. 
Commission approval of a proposed transmission line; nontransmission 
alternatives. The commission may approve or disapprove all or portions of a proposed 
transmission line and shall make such orders regarding its character, size, installation and 
maintenance and regarding nontransmission alternatives to the proposed transmission line 
as are necessa1y, having regard for any increased costs caused by the orders. +he In its 
review and consideration of nontransmission alternatives, as required by subsection 2-D, 
the commission shall give preference to the nontransmission alternatives that have been 
identified as able to address the identified need for the proposed transmission line at 
lower total oost to ra-tepay&s in this Sta-te most cost-effectively. When the oosts to 
ra-tepayers in this State cost-effectiveness of the identified nontransmission alternatives 
are reasonably equal, the commission shall give preference to the alternatives that 
produce the lowest amount of local air emissions, including greenhouse gas emissions. 
Sec. 11. 35-A MRSA §3132, sub-§6, as amended by PL 2013, c. 369, Pt. C, §5, 
is further amended to read: 
6. Commission order; certificate of public convenience and necessity. In its 
order, the commission shall make specific findings with regard to the public need for the 
proposed transmission line. The commission shall make specific findings with regard to 
the likelihood that nontransmission alternatives can sufficiently address the identified 
public need over the effective life of the transmission line at lower total oost more cost-
effectively. Exoept as provided in subseotion 6 A for a high impaot oleotrio transmission 
line and in aooordanoe 'Nith subseotion 6 B regarding nontransmission alternatives, if !f 
the commission finds that a public need exists, after considering whether the need can be 
eoonomioally and reliably and more cost-effectively met using nontransmission 
alternatives, it shall issue a certificate of public convenience and necessity for the 
transmission line. In determining public need, the commission shall, at a minimum, take 
into account economics, reliability, public health and safety, scenic, historic and 
recreational values, state renewable energy generation goals, the proximity of the 
proposed transmission line to inhabited dwellings and nontransmission alternatives to 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A "to H.P. 855,L.D, 1181 
construction of the transmission line, including energy conservation, distributed 
generation or load management. If the commission orders or allows the erection of the 
transmission line, the order is subject to all other provisions of law and the right of any 
other agency to approve the transmission line. The commission shall, as necessary and in 
accordance with subsections 7 and 8, consider the findings of the Department of 
Environmental Protection under Title 38, chapter 3, subchapter 1, article 6, with respect 
to the proposed transmission line and any modifications ordered by the Department of 
Environmental Protection to lessen the impact of the proposed transmission line on the 
environment. A person may submit a petition for and obtain approval of a proposed 
transmission line under this section before applying for approval under municipal 
ordinances adopted pursuant to Title 30-A, Part 2, Subpart 6-A; and Title 38, section 
438-A and, except as provided in subsection 4, before identifying a specific route or route 
options for the proposed transmission line. Except as provided in subsection 4, the 
commission may not consider the petition insufficient for failure to provide identification 
of a route or route options for the proposed transmission line. 
The issuance of a 
certificate of public convenience and necessity establishes that, as of the date of issuance 
of the certificate, the decision by the person to erect or constrnct was prudent. At the 
time of its issuance of a certificate of public convenience and necessity, the commission 
shall send to each municipality through which a proposed corridor or corridors for a 
transmission line extends a separate notice that the issuance of the certificate does not 
override, supersede or otherwise affect municipal authority to regulate the siting of the 
proposed transmission line. The commission may deny a certificate of public convenience 
and necessity for a transmission line upon a finding that the transmission line is 
reasonably likely to adversely affect any transmission and distribution utility or its 
customers. 
Sec. 12. 35-A MRSA §3132-A, as amended by PL 2017, c. 201, §§5 and 6, is 
further amended to read: 
§3132-A. Construction of transmission projects prohibited without approval of the 
commission 
A person may not construct any transmission project without approval from the 
commission. For the purposes of this section, "transmission project" means any proposed 
transmission line and its associated infrastructure capable of operating at less than 69 
kilovolts and projected to cost in excess of $20,000,000 $5,000,000. 
1. Submission requirement. A person that proposes to undertake in the State a 
transmission project must provide the commission with a description of the need for the 
proposed transmission project. 
1-A. Nonwires alternatives investigation; consideration. In considering whether 
to approve or disapprove all or portions of a proposed transmission project pursuant to 
subsection 2, the commission shall, for a transmission project proposed by an investor-
owned transmission and distribution utility, consider the results and recommendations of 
an investigation by an independent 3rd party, whieh may be the eommission or a 
eontraetor seleeted by the eommission, of nontransmission alternatives to eonstruetion of 
the proposed transmission projeet the nonwires alternative coordinator conducted in 
accordance with section 3132-C. The investie:ation must set forth the total uroieeted eosts 
COMMITTEE AMENDMENT 
R. of S. 
COMMITTEEAMENDMENT"A "to H.P. 855,L.D.1181 
of the transmission projeot as well as the total projeoted oosts of the alternatives over the 
effeotive life of the nronosed transmission nroieet. 
2. Commission approval of a proposed transmission project; nontransmission 
alternatives. In order for a transmission project to be approved, the commission must 
consider whether the identified need over the effective life of the proposed transmission 
project can be eoonomioally and reliably and more cost-effectively met using 
nontransmission alternatives at a lower total oost. During In its review and consideration 
of nontransmission alternatives, as required by subsection 1-A. the commission shall give 
preference to nontransmission alternatives that are have been identified as able to address 
the identified need for the proposed transmission project at low& total oost to ratepayers 
most cost-effectively. Of the identified nontransmission akematives, the oommission 
shall give preferenoe to the lowest oost nontransmission alt6fllatives. When the oosts to 
ratepayers cost-effectiveness of the identified nontransmission alternatives are reasonably 
equal, the commission shall give preference to the alternatives that produce the lowest 
amount oflocal air emissions, including greenhouse gas emissions. 
3. Exception. A transmission project that is constructed, owned and operated by a 
generator of electricity solely for the purpose of electrically and physically 
interconnecting the generator to the transmission system of a transmission and 
distribution utility is not subject to this section. 
Sec. 13. 35-A MRSA §3132-B is enacted to read: 
§3132-B. Small transmission and distribution projects 
For the purposes of this section, "small transmission project" means any proposed 
transmission line and associated infrastructure capable of operating at less than 69 
kilovolts and projected to cost $5,000,000 or less. 
1. Planning study. Each investor-owned transmission and distribution utility in this 
State shall annually complete and submit to the Office of the Public Advocate, for review 
by the nonwires alternative coordinator, a planning study for small transmission projects 
and distribution projects. In completing the planning study. an investor-owned 
transmission and distribution utility shall develop and use system planning models. The 
study must: 
A. Analyze system needs for the next 5 years and provide a schedule of proposed 
projects and associated costs; 
B. Describe system capacity and load by substation and circuit; and 
C. Identify corresponding planned and anticipated growth-related investments. 
After review of a planning study submitted under this subsection, the nonwires alternative 
coordinator may provide comments or recommendations, which may include 
recommendations to achieve the policy goals established in section 3143. An investor-
owned transmission and distribution utility may, at its discretion, incorporate 
recommendations on a planning study made by the nonwires alternative coordinator. 
Failure to incorporate recommendations made by the nonwires alternative coordinator 
may not result in a presumption of imprudence. 
COMMITTEE AMENDMENT 
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COMMrrrEE AMENDMENT A 
"to H.P. 855, L.D. 1181 
2. Nonwires alternatives investigation. Except as provided in subsection 3, for a 
proposed project presented in a planning study under subsection 1, the nonwires 
alternative coordinator: 
A. 
Shall investigate nonwires alternatives if the project is a small transmission 
project or is a distribution project estimated to cost $500,000 or more: and 
B. 
May investigate nonwires alternatives if the project is a distribution project 
estimated to cost less than $500,000 and, in the judgment of the nonwires alternative 
coordinator, there is a reasonable likelihood that a nonwires alternative would be 
more cost-effective than the proposed distribution project. 
An investigation of nonwires alternatives under this subsection must be conducted in 
accordance with section 3132-C. 
3. Excluded projects; criteria. The commission, by rule, shall develop criteria to 
exclude from investigation by the nonwires alternative coordinator small transmission 
projects and distribution projects best suited to transmission and distribution investments, 
including but not limited to projects that are: 
A. Necessary for redundant supply to a radial load: 
B. Necessary to address maintenance, asset condition or safety needs: 
C. Necessary to address stability or short circuit problems: or 
D. Required to be in service within one year based on the controlling load forecast. 
4. Nonwires alternatives recommendations. Based on the investigation under 
subsection 2, the nonwires alternative coordinator shall make recommendations to the 
investor-owned transmission and distribution utility regarding nonwires alternatives to 
proposed small transmission projects and distribution projects. The nonwires alternative 
coordinator and the utility shall attempt to reach a good faith agreement regarding the 
adoption of nonwires alternatives that are most cost-effective. If agreement is reached, 
the utility shall pursue the agreed-upon nonwires alternatives. If there is no agreement, 
the utility shall petition the commission to resolve the dispute. 
5. 
Dispute resolution. 
In responding to a petition by an investor-owned 
transmission and distribution utility pursuant to subsection 4, the commission shall 
review the planning study prepared under subsection 1 and the recommendations of the 
nonwires alternative coordinator under subsection 4. 
In resolving the dispute, the 
commission shall give preference to nonwires alternatives that are identified as able to 
address the identified need for the proposed small transmission project or distribution 
project and are most cost-effective. Of the identified nonwires alternatives, the 
commission shall give preference to the lowest-cost nonwires alternatives. When the 
costs to ratepayers in this State of the identified nonwires alternatives are reasonably 
equal, the commission shall give preference to the nonwires alternatives that produce the 
lowest amount oflocal air emissions, including greenhouse gas emissions. 
Sec. 14. 35-A MRSA §3132-C is enacted to read: 
COMMITTEE AMENDMENT 
R. of S. 
COMMITTEE AMENDMENT A 
"to H.P. 855, L.D. 1181 
§3132-C. Nonwires alternatives investigation and recommendations 
1. Investigation required. The nonwires alternative coordinator shall conduct an 
investigation of and make recommendations regarding nonwires alternatives to a wires 
project under section 3132, 3132-A or 3132-B in accordance with this section. The 
investigation must be conducted in coordination with the Efficiency Maine Trust. For the 
purposes of this section, "wires project" means a transmission line and associated 
infrastructure subject to the requirements of section 3132, a transmission project as 
defined in section 3132-A or a small transmission project or distribution project covered 
by section 3132-B. 
2. Investigation methods; benefit-cost analysis. An investigation under subsection 
must set forth the total projected costs and annual carrying costs of the wires project 
and the nonwires alternatives over the effective life of the wires project. The investigation 
must include a benefit-cost analysis that evaluates the cost-effectiveness of nonwires 
alternatives as compared to the wires project, under which: 
A. Benefits and costs are measured in net present value: 
B. 
Benefits reflect total, quantifiable avoided costs and are calculated from the 
perspective of the investor-owned transmission and distribution utility and ratepayers, 
including any deferral value; and 
C. Costs are calculated from the perspective of the investor-owned transmission and 
distribution utility. For a nonwires alternative, costs include the utility's cost of any 
contracts required to deliver the nonwires alternative but do not include any ratepayer 
contributions to the cost of the nonwires alternative. 
3. Data. An investor-owned transmission and distribution utility shall provide data 
requested by the Public Advocate or the Efficiency Maine Trust, subject to enforcement 
by the commission, to allow the nonwires alternative coordinator, in conjunction with the 
trust, to carry out investigation and analysis under this section. The trust shall use utility 
ratepayer usage data to identify cost-effective nonwires alternatives on the customer side 
of the meter. An investor-owned transmission and distribution utility may request a 
protective order if necessary to protect the confidentiality of data provided under this 
section in accordance with section 1311-A. 
4. Recommendations. On the basis of the investigation under subsection 1, the 
nonwires alternative coordinator shall develop and provide to the commission or to an 
investor-owned transmission and distribution utility, as appropriate, recommendations 
regarding cost-effective nonwires alternatives to the wires project, including a proposed 
plan for procurement of the recommended nonwires alternatives. 
The proposed 
procurement plan must be consistent with the provisions of section 3132-D. 
Sec. 15. 35-A MRSA §3132-D is enacted to read: 
§3132-D. Nonwires alternatives procurement 
When the commission determines a nonwires alternative is appropriate under section 
3132, 3132-A or 3132-B or an investor-owned transmission and distribution utility agrees 
voluntarily to a nonwires alternative under section 3132-B, the utility shall procure the 
nonwires alternative in accordance with this section. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to H.P. 855, L.D. 1181 
1. Behind the meter alternatives. For a nonwires alternative on the customer side 
of the meter, the investor-owned transmission and distribution utility shall contract with 
the Efficiency Maine Trust to deliver the nonwires alternative through the trust's 
programs. 
2. Grid-side alternatives. For a nonwires alternative on the grid side of the meter, 
the commission shall determine an entity, which may include but is not limited to the 
investor-owned transmission and distribution utility or a 3rd party, to deliver the 
nonwires alternative and shall make orders as necessary: except, when a utility 
voluntarily agrees to a nonwires alternative on the grid side of the meter under section 
3132-B. the utility shall determine the entity to deliver the nonwires alternative. 
An investor-owned transmission and distribution utility's prudently incurred costs to 
deliver nonwires alternatives directly or under contract with the Efficiency Maine Trust 
or a 3rd party are recoverable in rates. For purposes of this section, prudently incurred 
costs do not include a financial or performance incentive for the utility. 
Sec. 16. 35-A MRSA §3143, sub-§1, as enacted by PL 2009, c. 539, §2, is 
amended to read: 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Smart grid" means the integration of information and communications 
innovations and infrastructure, including nonwires alternatives, with the electric 
system to enhance the efficiency, reliability and functioning of the system through 
smart grid functions. 
B. 
"Smart grid soordinator" means an entity, authorized by the commission in 
assordance 1.vith subsection 5, that manages assess to smart grid functions and 
associated infrastructure, teshnology and applisations 1.vithin the service territory of a 
transmission and distribution utility. 
C. 
"Smart grid functions" means those functions that advance the policy of the 
United States as specified in the federal Energy Independence and Security Act of 
2007, Public Law 110-140, Section 1301, including functions that enable consumers 
to access information about and to manage and adjust their electricity consumption or 
to generate and store electricity and functions specified in Section 1306(d) of that 
Act. 
Sec. 17. 35-A MRSA §3143, sub-§2, 1~ and E, as enacted by PL 2009, c. 
539, §2, are amended to read: 
D. The State currently lacks a comprehensive smart grid policy but faces critical 
decisions regarding the implementation of smart grid functions and associated 
infrastructme, technology and applications, and the commission and the Legislature 
will play central roles in maldng those decisions; and 
E. It is vital that a smart grid policy be developed in order to ensme that all 
ratepayers and the State as a whole are afforded the benefits of smart grid functions 
and associated infrastructure, technology and applications,: and 
Sec. 18. 35-A MRSA §3143, sub-§2, 1F is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A "to H.P. 855, L.D. 1181 
F. It is in the public interest to establish a nonwires altemative coordinator for the 
State. 
Sec. 19. 35-A MRSA §3143, sub-§5, as enacted by PL 2009, c. 539, §2, is 
repealed. 
Sec. 20. 35-A MRSA §3143, sub-§10, as enacted by PL 2009, c. 539, §2, is 
amended to read: 
10. Consumer education. A If a transmission and distribution utility that or the 
Efficiency Maine Trust implements smart grid functions, the utility or the trust shall, to 
the extent the commission determines appropriate, provide information to customers 
about the purpose and goals of smart grid functions, the ways in which smart grid 
functions, including but not limited to time-of-use pricing, may involve customer 
interaction and how the implementation of smart grid functions can benefit customers. 
Sec. 21. 35-A MRSA §10104, sub-§4, 1G is enacted to read: 
G. In developing the triennial plan, or an annual update plan under subsection 6, the 
trust may include, as part of its budget for electric efficiency and conservation 
programs under section 10110, the costs of providing nonwires altematives in 
accordance with section 3132-D. 
Sec. 22. 35-A MRSA §10104, sub-§9, as amended by PL 2017, c. 110, §34, is 
further amended to read: 
9. Coordination with other entities. Consistent with the requirements of this 
chapter and other applicable laws, the board shall coordinate with the activities and 
programs of state agencies and authorities that relate to the purposes of this chapter in 
order to align such activities and programs with the plans and programs of the trust. For 
purposes of this subsection, activities and programs of state agencies and authorities that 
relate to the purposes of this chapter include but are not limited to energy efficiency 
programs relating to state facilities administered by the Department of Administrative and 
Financial Services, Bureau of General Services, the adoption, amendment and 
maintenance of the Maine Uniform Building and Energy Code by the Technical Building 
Codes and Standards Board, established in Title 5, section 12004-G, subsection 5-A 
within the Department of Public Safety, energy efficiency or green energy workforce 
development activities of the Department of Labor or the State Workforce Board and_. 
energy efficiency and weatherization programs administered by the Maine State Housing 
Authority and the activities of the nonwires altemative coordinator established pursuant 
to section 1701, subsection 2-A. 
Sec. 23. Appropriations and allocations. The following appropriations and 
allocations are made. 
EXECUTIVE DEPARTMENT 
Public Advocate 0410 
Initiative: Provides allocations for the contracted services of a person or entity to serve as 
a nonwires altemative coordinator. 
COMMITTEE AMENDMENT 
R. of s. 
COMMITTEE AMENDMENT "A" to H.P. 855, L.D. 1181 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Public Advocate 0410 
2019-20 
$800,000 
$800,000 
2020-21 
$800,000 
$800,000 
Initiative: Provides allocations for an increase in the salary range of the Special Assistant 
to the Public Advocate from range 20 to range 25. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
EXECUTIVE DEPARTMENT 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2019-20 
$3,039 
$3,039 
2019-20 
$803,039 
$803,039 
2020-21 
$4,052 
$4,052 
2020-21 
$804,052 
$804,052 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes and replaces the bill and does the following. 
1. It requires the Public Advocate to contract with a person or entity to serve as the 
nonwires alternative coordinator. 
2. It-provides that funding of the contracted services of the nonwires alternative 
coordinator is provided through a special assessment on investor-owned transmission and 
distribution utilities. 
3. It adjusts the salary range of the Special Assistant to the Public Advocate from 
range 20 to range 25. 
4. It amends the definition of "transmission project" to cover projects expected to 
cost in excess of $5,000,000, rather than those in excess of $20,000,000 as in current law. 
5. It amends the provisions relating to transmission lines and transmission projects 
subject to investigation of nonwires alternatives in several ways. It limits the requirement 
for a nonwires alternative investigation to apply to transmission lines and projects 
proposed by investor-owned transmission and distribution utilities, rather than 
transmission and distribution utilities in general. It also adds a category of small 
transmission and distribution projects subject to nonwires alternatives investigation. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 855, L.D. 1181 
6. It establishes cost-effectiveness as the analytical framework and standard for the 
investigation of nonwires alternatives for all types of projects and requires a benefit-cost 
analysis to evaluate cost-effectiveness. It requires the nonwires alternative coordinator to 
develop and make recommendations regarding the cost-effectiveness of nonwires 
alternatives and a proposed plan for procurement of nonwires alternatives. 
7. 
It requires an investor-owned transmission and distribution utility to submit 
annually to the Office of the Public Advocate a planning study for small transmission and 
distribution projects. 
8. It requires the nonwires alternative coordinator to provide recommendations to 
investor-owned transmission and distribution utilities for nonwires alternatives to small 
transmission projects and distribution projects and requires the coordinator and the utility 
to attempt to reach a good faith agreement on the adoption of nonwires alternatives. If no 
agreement is reached, the utility is required to petition the Public Utilities Commission to 
resolve the dispute. 
9. It includes provisions regarding procurement of nonwires alternatives. These 
provisions require a transmission and distribution utility to contract with the Efficiency 
Maine Trust to deliver nonwires alternatives that are on the customer side of the meter 
and require the commission to determine the entity, which may be the utility or a 3rd 
party, to deliver nonwires alternatives that are on the grid side of the meter. 
10. It provides that a transmission and distribution utility's prudently incurred costs 
to deliver nonwires alternatives are recoverable in rates. 
11. It adds a provision to reference the activities of the nonwires alternative 
coordinator in the Efficiency Maine Trust Act regarding coordination with activities and 
programs of state agencies and authorities. 
12. It makes changes to the law on smart grid infrastmcture policy and establishes 
that it is in the public interest to establish a nonwires alternative coordinator for the State. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/18/19 feac 
LD 1181 
LR 16(02) 
An Act To Reduce Electricity Costs through Nonwires Alternatives 
Fiscal Note for Bill as Amended by Committee Amendment·~{ 1/-YJ;'j 
Committee: Energy, Utilities and Technology 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY 2020-21 
$803,039 
$804,052 
$803,039 
$804,052 
Projections 
FY2021-22 
$804,165 
$804,165 
Projections 
FY 2022-23 
$804,281 
$804,281 
This bill authorizes the Office of the Public Advocate (OPA) to contract with a person or entity to serve as a 
nonwires alternative coordinator (NAC) and to collect an additional special assessment on the intrastate gross 
operating revenues of investor-owned transmission and distribution utilities to fund the costs associated with the 
NAC contract. The bill also defines the duties and scope of work for the NAC and includes non wires alternatives 
consideration requirements in the rules regarding proposed transmission and distribution projects under the authority 
of the Public Utilities Commission. The bill also increases the salaty of the Special Assistant to the Public Advocate 
position from salary range 20 to salary range 25. Based on previous costs for contacted services from consultants, 
the OPA estimates that the contract for a NAC will require additional allocations of $800,000 annually beginning in 
fiscal year 2019-20. This bill also includes allocations of $3,039 in fiscal year 2019-20 and $4,052 in fiscal year 
2020-21 for the salaty range increase of the Special Assistant to the Public Advocate position. 
Because the OP A is funded by an assessment set to produce sufficient revenue for the expenditures allocated by the 
Legislature for operating the OP A, any increased costs require a conesponding increase in revenue from the 
assessment on the intrastate gross operating revenues of utility and qualified telecommunications providers. Because 
this bill also allows an additional special assessment on investor-owned transmission and distribution utilities to fund 
the NAC, some investor-owned transmission and distribution utilities may incur additional costs as a result. These 
costs may be passed on to electric utility customers through scheduled rate cases. The amount of these costs cannot 
be dete1mined at this time. 
LR0016(02) - Fiscal Note - Page 1 of 1