Resolve, To Provide a Brief Moratorium on Certain New Net Energy Billing Arrangements and To Examine the Costs and Benefits of Net Energy Billing
Maine Legislature, Session 130, LD 0709
Committee: Energy, Utilities and Technology
Sponsors: BERRY

Legislative Document
No. 709
H.P. 521
House of Representatives, March 4, 2021
Resolve, To Provide a Brief Moratorium on Certain New Net 
Energy Billing Arrangements and To Examine the Costs and 
Benefits of Net Energy Billing
(EMERGENCY)
Received by the Clerk of the House on March 2, 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 BERRY of Bowdoinham.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, there is currently more data available since the 129th Legislature that needs 
to be assessed in order to better regulate net energy billing arrangements in the State; and
Whereas, there is great interest in the development of new distributed generation 
resources in the State and refinements to state law regulating net energy billing must be 
made in a timely manner so as to not delay or negatively affect such development; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Net energy billing moratorium. Resolved:  That, notwithstanding the 
Maine Revised Statutes, Title 35-A, sections 3209-A and 3209-B, until June 30, 2021, the 
Public Utilities Commission may not allow any new net energy billing arrangements for a 
distributed generation resource with a nameplate capacity between 2 megawatts and 5 
megawatts unless:
1. An interconnection request involving the distributed generation resource was made 
with the commission on or before January 1, 2021; or
2. The distributed generation resource is proposed to be sited on a brownfield site or a 
landfill site.
Sec. 2.  Stakeholder group. Resolved: That the Governor's Energy Office shall 
convene a stakeholder group to examine the costs and benefits of net energy billing 
arrangements associated with a distributed generation resource with a nameplate capacity 
between 2 megawatts and 5 megawatts in order to make recommendations regarding the 
need for any changes to existing laws relating to net energy billing. The office shall submit 
a report to the Joint Standing Committee on Energy, Utilities and Technology by May 15, 
2021 outlining its findings and recommendations, including any proposed legislation, and 
the committee may report out a bill based on the report to the First Regular Session of the 
130th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve places a brief moratorium on new net energy billing arrangements until 
June 30, 2021 associated with a distributed generation resource with a nameplate capacity 
between 2 megawatts and 5 megawatts unless an interconnection request has been made 
with the Public Utilities Commission on or before January 1, 2021 for that distributed 
generation resource or the distributed generation resource is proposed to be sited on a 
brownfield or landfill site.
It also directs the Governor's Energy Office to convene a stakeholder group to examine 
both the costs and benefits of net energy billing arrangements associated with a distributed 
generation resource with a nameplate capacity between 2 megawatts and 5 megawatts in 
order to make recommendations regarding the need for any changes to existing laws 
relating to net energy billing.  It directs the office to report to the Joint Standing Committee 
on Energy, Utilities and Technology by May 15, 2021 and it allows the committee to report 
out a bill based on the report to the First Regular Session of the 130th Legislature.