An Act To Improve Consumer Protections for Community Solar Projects
Maine Legislature, Session 130, LD 0507
Committee: Energy, Utilities and Technology
Sponsors: BERRY
Amends: 35-A MRSA §3209-A

Legislative Document
No. 507
H.P. 370
House of Representatives, February 19, 2021
An Act To Improve Consumer Protections for Community Solar 
Projects
Submitted by the Office of the Public Advocate pursuant to Joint Rule 204.
Received by the Clerk of the House on February 17, 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.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3209-A, sub-§1, ¶D is enacted to read:
D.  "Project sponsor" means an entity or its successor or assignee that solicits customers 
to participate in a net energy billing arrangement based upon a shared financial interest 
in a distributed generation resource.
Sec. 2.  35-A MRSA §3209-A, sub-§5 is enacted to read:
5.  Consumer protection.  The commission shall establish by rule consumer protection 
standards to protect customers who participate in or are solicited to participate in a net 
energy billing arrangement based upon a shared financial interest in a distributed 
generation resource from fraud and other unfair and deceptive business practices.  Such 
rules must provide that project sponsors:
A.  Must obtain a customer's authorization before serving the customer;
B.  Must provide to a residential customer such information as the commission may 
require by rule or order in a standard disclosure form before entering into an agreement 
with the residential customer to participate in a net energy billing arrangement based 
upon a shared financial interest in a distributed generation resource;
C.  Must allow a customer to rescind the decision to participate in a net energy billing 
arrangement based upon a shared financial interest in a distributed generation resource 
orally or in writing within 5 days of initial decision;
D.  May not release to any other entity, other than for purposes of debt collection or 
credit reporting pursuant to state and federal law or to law enforcement agencies 
pursuant to lawful process, any personal information regarding a customer, including 
name, address, telephone number and usage and historical payment information, 
without the consent of the customer;
E.  Must comply with the Maine Unfair Trade Practices Act;
F.  May not collect or seek to collect unreasonable costs from a customer who is in 
default;
G.  Must comply with all applicable provisions of the federal Equal Credit Opportunity 
Act, 15 United States Code, Sections 1691 to 1691f;
H.  Must comply with all federal and state laws, federal regulations and state rules 
regarding the prohibition or limitation of telemarketing; and
I.  Must comply with any other applicable standards or requirements adopted by the 
commission by rule or order.
The commission may impose administrative penalties under chapter 15 upon a project 
sponsor and may order restitution for any party injured by a violation for which a penalty 
may be assessed pursuant to chapter 15.
The commission through its own counsel or through the Attorney General may apply to the 
Superior Court of any county of the State to enforce any lawful order made or action taken 
by the commission pursuant to this subsection, and the court may issue any preliminary or 
final order that the court determines proper.
SUMMARY
This bill clarifies that the Public Utilities Commission has authority to and directs the 
commission to adopt consumer protection rules for customers who participate in or are 
solicited to participate in community solar projects through a net energy billing 
arrangement based upon a shared financial interest in a distributed generation resource 
under the Maine Revised Statutes, Title 35-A, section 3209-A.  The language mirrors that 
set forth in Title 35-A, sections 3203 and 3486 addressing the authority of the commission 
to implement and enforce consumer protections for customers of competitive electricity 
providers and shared distributed generation resource projects, respectively.