An Act To Define "Discrete Electric Generating Facility
Maine Legislature, Session 130, LD 1819
Committee: Energy, Utilities and Technology
Sponsors: GROHOSKI
Amends: 35-A MRSA §3209-A, 35-A MRSA §3481

Legislative Document
No. 1819
H.P. 1352
House of Representatives, December 17, 2021
An Act To Define "Discrete Electric Generating Facility"
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 15, 2021.  Referred to the Committee on 
Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative GROHOSKI of Ellsworth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3209-A, sub-§1, ¶A-1 is enacted to read:
A-1.  "Discrete electric generating facility" means a facility that:
(1)  Is not located on a lot or parcel or more than one adjoining lot or parcel created 
by a division on or after November 22, 2019, except when the commission 
determines that the primary purpose for such division was not the development of 
a discrete electric generating facility on the resulting lot or parcel;
(2)  Has its own point of interconnection with an investor-owned transmission and 
distribution utility separate from any adjacent facility, including distinct metering 
and the ability to be connected to or disconnected from the transmission and 
distribution utility's system;
(3)  Is fenced separately from any adjacent facility and not commingled with or 
connected to any adjacent facility other than by the investor-owned transmission 
and distribution utility's system;
(4)  Has generation components, including, but not limited to, panels and inverters, 
that are separate from the generation components of any adjacent facility but may 
share nonoperational infrastructure with an adjacent facility such as access roads, 
utility poles and other infrastructure necessary to provide physical access to each 
facility; and
(5)  Is located on a lot or a parcel or more than one adjoining lot or parcel where 
the total nameplate capacity of the facility does not exceed 5 megawatts.
Sec. 2.  35-A MRSA §3209-A, sub-§1, ¶B, as enacted by PL 2019, c. 478, Pt. A, 
§3, is amended to read:
B.  "Distributed generation resource" means an a discrete electric generating facility 
that uses a renewable fuel or technology under section 3210, subsection 2, paragraph 
B‑3 and is located in the service territory of a transmission and distribution utility in 
the State.
Sec. 3.  35-A MRSA §3481, sub-§4-A is enacted to read:
4-A.  Discrete electric generating facility.  "Discrete electric generating facility" has 
the same meaning as in section 3209-A, subsection 1, paragraph A-1.
Sec. 4.  35-A MRSA §3481, sub-§5, as enacted by PL 2019, c. 478, Pt. B, §1, is 
amended to read:
5.  Distributed generation resource.  "Distributed generation resource" means an a 
discrete electric generating facility with a nameplate capacity of less than 5 megawatts that 
uses a renewable fuel or technology under section 3210, subsection 2, paragraph B‑3 and 
is located in the service territory of a transmission and distribution utility in the State.
SUMMARY
This bill defines "discrete electric generating facility" for the purposes of net energy 
billing and distributed generation laws.