An Act To Advance Energy Storage in Maine
Maine Legislature, Session 130, LD 0528
Committee: Energy, Utilities and Technology
Sponsors: VITELLI, GROHOSKI, LAWRENCE, HEPLER, KESSLER, WOOD
Amends: 35-A MRSA §3145, 35-A MRSA §10102, 35-A MRSA §10109, 35-A MRSA §10110

Legislative Document
No. 528
S.P. 213
In Senate, February 24, 2021
An Act To Advance Energy Storage in Maine
Received by the Secretary of the Senate on February 22, 2021.  Referred to the Committee 
on Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Representative GROHOSKI of Ellsworth and
Senator: LAWRENCE of York, Representatives: HEPLER of Woolwich, KESSLER of South 
Portland, WOOD of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3145 is enacted to read:
§3145.  State energy storage policy goals
The state goal for energy storage system development is 100 megawatts of installed 
capacity located within the State by December 31, 2025.  For the purposes of this section, 
"energy storage system" has the same meaning as in section 3481, subsection 6.
Sec. 2.  35-A MRSA §10102, sub-§5-A is enacted to read:
5-A.  Energy storage system.  "Energy storage system" has the same meaning as in 
section 3481, subsection 6.
Sec. 3.  35-A MRSA §10109, sub-§4, ¶A, as amended by PL 2019, c. 69, §1, is 
further amended to read:
A.  Trust funds must be allocated for measures, investments, loans, technical assistance 
and arrangements that reduce electricity consumption, increase energy efficiency or 
reduce greenhouse gas emissions and lower energy costs at commercial or industrial 
facilities and for investment in measures that lower residential heating energy demand 
and reduce greenhouse gas emissions.  The measures that lower residential heating 
demand must be fuel-neutral and may include, but are not limited to, energy efficiency 
improvements to residential buildings, energy storage systems and upgrades to 
efficient heating systems that will reduce residential energy costs and greenhouse gas 
emissions, as determined by the board.  The trust shall ensure that measures to reduce 
the cost of residential heating are available for low-income households as defined by 
the trust.  When promoting electricity cost and consumption reduction, the trust may 
consider measures at commercial and industrial facilities that also lower peak capacity 
demand, including energy storage systems.  Subject to the apportionment pursuant to 
this subsection, the trust shall fund conservation programs that give priority to 
measures with the highest benefit-to-cost ratio, as long as cost-effective collateral 
efficiency opportunities are not lost, and that:
(1)  Reliably reduce greenhouse gas production and heating energy costs by fossil 
fuel combustion in the State at the lowest cost in funds from the trust fund per unit 
of emissions; or
(2)  Reliably increase the efficiency with which energy in the State is consumed at 
the lowest cost in funds from the trust fund per unit of energy saved.
Sec. 4.  35-A MRSA §10110, sub-§2, ¶A, as amended by PL 2019, c. 365, §3, is 
further amended by amending subparagraph (4) to read:
(4)  Reduce the price of electricity over time for all consumers by achieving 
reductions in demand for electricity during peak use periods, including by the 
implementation of beneficial electrification and energy storage systems; and
Sec. 5.  Efficiency Maine Trust; energy storage measures.  The Efficiency 
Maine Trust shall explore and evaluate options to expand existing opportunities and 
develop new opportunities to support energy storage measures that reduce peak demand, 
through its electric efficiency and conservation programs established pursuant to the Maine 
Revised Statutes, Title 35-A, section 10110 and its programs funded by the Regional 
Greenhouse Gas Initiative Trust Fund established in Title 35-A, section 10109. In 
evaluating the cost-effectiveness of energy storage measures, the trust shall explore various 
methods and tests to measure cost-effectiveness.  In fulfilling the duties of this section, the 
trust shall consider:
1.  Expanding energy storage pilot projects within the trust's innovation pilot program 
and implementing any cost-effective pilot projects as statewide programs;
2.  Bring-your-own-device programs in which customer-owned and customer-sited 
battery storage is aggregated and performance incentives are provided for reducing load at 
times of system peak;
3.  Rebate or funding programs for energy storage paired with renewable energy for 
residential, commercial and industrial electricity customers; and
4.  Customer education initiatives regarding demand management and energy storage, 
including education targeted to low-income and rural populations in the State.
The trust shall report on its activities under this section, including its efforts with 
respect to bring-your-own-device programs, in the trust's annual report due December 1, 
2021 pursuant to the Maine Revised Statutes, Title 35-A, section 10104, subsection 5.
Sec. 6.  Public Utilities Commission; rate design and energy storage.  The 
Public Utilities Commission shall investigate and, where appropriate, implement 
transmission and distribution utility rate designs that account for variation in the cost 
components of electricity as the load or demand on the electricity system fluctuates. The 
commission shall take the following specific steps to address rate design and energy 
storage:
1.  Open a docket to investigate opportunities to modernize transmission and 
distribution utility rate designs through time-of-use or other time-differentiated rates that 
send appropriate price signals and incentives to consumers to reduce demand during peak 
periods and develop and implement a pilot program to test and evaluate time-of-use rates 
in conjunction with energy storage; and
2.  Develop and implement a schedule for regular review and update of transmission 
and distribution utility rate designs, including consideration of fixed charges, and ensure 
that the review includes consideration of time-differentiated rates.
SUMMARY
This bill:
1.  Establishes a state goal for energy storage system development of 100 megawatts 
of installed capacity located within the State by December 31, 2025;
2.  Amends the laws governing the Efficiency Maine Trust to ensure that the trust's 
authority explicitly and affirmatively includes energy storage by adding direct references 
to energy storage in relevant sections of statute; directs the trust to consider expanding 
opportunities to use energy storage to reduce peak electricity demand; and directs the trust 
to explore alternative methods to demonstrate cost-effectiveness for energy storage projects 
or programs; and
3.  Directs the Public Utilities Commission to investigate opportunities to modernize 
transmission and distribution utility rate designs through time-of-use or other time-
differentiated rates; develop and implement a pilot program to test and evaluate time-of-
use rates in conjunction with energy storage; and develop and implement a schedule for 
regular review and update of rate designs and ensure that the review includes consideration 
of time-differentiated rates.