An Act To Create the Maine Generation Authority
Maine Legislature, Session 130, LD 1634
Committee Amendment CA_A_H982 (House)
Amends: 35-A MRSA §3210-J

COMMITTEE AMENDMENT "if;' to H.P. 1218, L.D. 1634, "An Act To Create the 
Maine Generation Authority" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 35-A MRSA §3210-J is enacted to read: 
§3210-J. Maine Generation Authority surcharge 
Notwithstanding any provision of this Title to the contrary, the commission shall 
ensure that the Maine Generation Authority surcharge as calculated pursuant to section 
4221, subsection 4 is included in the retail rates of all electric ratepayers of all transmission 
and distribution utilities in the State.' 
Amend the bill in section 3 inc. 42 in §4202 in subsection 2 in the first line (page 1, 
line 22 in L.D.) by striking out the following: "facilitate" and inserting the following: 
'reduce the costs to ratepayers in this State of meeting the State's climate and energy goals 
by facilitating the decarbonization of electricity production through' 
Amend the bill in section 3 inc. 42 in §4202 in subsection 2 in paragraph A in the first 
line (page 1, line 24 in L.D.) by inserting after the following: "State that" the following: 
'rely exclusively on commercially available technology to' 
Amend the bill in section 3 in c. 42 in §4202 in subsection 2 in paragraph A in the 3rd 
line (page 1, line 26 in L.D.) by striking out the following: ", tidal and biomass" and 
inserting the following: 'and tidal' 
Amend the bill in section 3 in c. 42 in §4202 in subsection 2 in paragraph B in the first 
line (page 1, line 30 in L.D.) by striking out the following: "Electricity storage systems 
located in Maine" and inserting the following: 'Energy storage systems located in the State 
that rely exclusively on commercially available technology and' 
Amend the bill in section 3 in c. 42 in §4203 by inserting after subsection 3 the 
following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"'' to H.P. 1218, L.D. 1634 
'4. 
Commercially available technology. 
"Commercially available technology" 
means a technology that is being used in the United States by commercially operating 
energy storage systems for more than 250 megawatts of storage or by commercially 
operating renewable generation projects for more than 250 megawatts of output.' 
Amend the bill in section 3 in c. 42 in §4203 in subsection 4 in the first 2 lines (page 
2, lines 6 and 7 in L.D.) by striking out the following: "that achieves commercial operations 
after January 1, 2022" 
Amend the bill in section 3 in c. 42 in §4203 by striking out all of subsection 11 (page 
2, lines 41 to 43 and page 3, lines 1 to 4 in L.D.) and inserting the following: 
'11. Renewable generation project. "Renewable generation project" means a facility 
that generates electricity using a source of energy that is renewable and that does not emit 
carbon dioxide when used to generate electricity, including hydroelectric generators, 
onshore or offshore wind power installations, solar photovoltaic arrays and installations, 
geothermal installations and tidal power generators.' 
Amend the bill in section 3 in c. 42 in §4203 by renumbering the subsections to read 
consecutively. 
Amend the bill in section 3 in c. 42 in §4205 in subsection 1 in paragraph B in the first 
line (page 3, line 22 in L.D.) by inserting after the following: "B. The" the following: 
'executive' 
Amend the bill in section 3 in c. 42 in §4205 by striking out all of subsection 8 (page 
4, lines 13 to 17 in L.D.). 
Amend the bill in section 3 in c. 42 in §4205 by inserting after subsection 10 the 
following: 
'11. Conflict of interest. A member of the board may not participate in any decision 
on any contract entered into by the authority under this chapter if that member has any 
interest, direct or indirect, in any firm, partnership, corporation or association that is party 
to the contract. The interest must be disclosed to the authority in writing and must be set 
forth in the minutes of the board. 
12. Remote participation by members. The authority may allow members to 
participate in meetings using remote methods in accordance with Title 1, section 403-B.' 
Amend the bill in section 3 in c. 42 in §4205 by renumbering the subsections to read 
consecutively. 
Amend the bill in section 3 inc. 42 in §4206 in the first line (page 4, line 36 in L.D.) 
by striking out the following: "the authority;" and inserting the following: 'authority; 
executive' 
Amend the bill in section 3 in c. 42 in §4206 by striking out all of subsection 1 (page 
4, lines 37 to 40 in L.D.) and inserting the following: 
'1. Appointment of executive director; compensation. At its annual meeting each 
September, the board shall appoint, after using a full and competitive search process, or 
reappoint a qualified full-time executive director of the authority. The executive director 
of the authority serves at the pleasure of the board. The board shall establish the rate and 
amount of compensation of the executive director.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ff" to H.P. 1218, L.D. 1634 
Amend the bill in section 3 in c. 42 in §4206 in subsection 2 in the first line (page 4, 
line 41 in L.D.) by inserting after the following: "Responsibilities of' the following: 
'executive' 
Amend the bill in section 3 in c. 42 in §4206 in subsection 2 in the first line (page 4, 
line 41 in L.D.) by inserting after the following: "director. The" the following: 'executive' 
Amend the bill in section 3 in c. 42 in §4206 in subsection 2 in paragraph C in the first 
line (page 5, line 10 inL.D.) by inserting after the following: "duties that the" the following: 
'executive' 
Amend the bill in section 3 inc. 42 in §4207 in subsection 4 in the 2nd line (page 5, 
line 19 in L.D.) by striking out the following: "eminent domain," 
Amend the bill in section 3 in c. 42 in §4207 by striking out all of subsection 5 (page 
5, lines 23 and 24 in L.D.). 
Amend the bill in section 3 in c. 42 in §4207 by renumbering the subsections to read 
consecutively. 
Amend the bill in section 3 in c. 42 in §4208 in subsection 4 in the last line (page 7, 
line 2 in L.D.) by striking out the following: "and" 
Amend the bill in section 3 inc. 42 in §4208 in subsection 5 in the last line (page 7, 
line 5 in L.D.) by striking out the following: "authority." and inserting the following: 
'authority; and' 
Amend the bill in section 3 in c. 42 in §4208 by inserting after subsection 5 the 
following: 
16. Technologies. Owning or operating any energy storage system or any renewable 
generation project that achieves commercial operations before January 1, 2023 or that relies 
on a technology for storing energy or generating electricity that is not a commercially 
available technology.' 
Amend the bill in section 3 inc. 42 in §4210 in the first line (page 8, line 26 in L.D.) 
by striking out the following: "; eminent domain" 
Amend the bill in section 3 inc. 42 in §4210 by striking out all of subsection 2 (page 
8, lines 32 to 36 in L.D.) and inserting the following: 
'2. Sale or lease of property. The authority may not lease, sell or otherwise convey, 
or allow to be used, any of its real or personal property or easements in that property, 
buildings or structures for commercial purposes, except that the authority may allow public 
utilities the right to use the authority's real property for the purpose of locating electrical 
power, telegraph, telephone, communications, water, sewer or pipeline facilities.' 
Amend the bill in section 3 in c. 42 in §4210 by striking out all of subsection 3 (page 
8, lines 37 to 41 and page 9, lines 1 and 2 in L.D.). 
Amend the bill in section 3 inc. 42 in §4210 by renumbering the subsections to read 
consecutively. 
Amend the bill in section 3 inc. 42 by striking out all of §4215 (page 12, lines 36 to 
and page 13, lines 1 and 2 in L.D.) and inserting the following: 
'§4215. Exemption from property and income taxes; payments in lieu of taxes 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT •ffto H.P. 1218, L.D. 1634 
1. Exemption from taxes. The property and income of the authority and the bonds 
issued by the authority are exempt from taxation as provided in this subsection. 
A. Except as provided in subsection 2, the authority is exempt from taxation or 
assessment on any property acquired or used by it for the purposes provided in this 
chapter. 
B. The authority is exempt from taxation on its income except as may be required by 
the laws of the United States. 
C. The bonds or other securities and obligations issued from the authority and their 
transfer and the income therefrom, including any profits made on their sale, are exempt 
from taxation within the State. 
2. Payments in lieu of property taxes. The authority shall make payments in lieu of 
taxes on all real and personal property it owns in an amount equal to the amount that would 
be imposed by a county, a municipality, a district, the State or other taxing authority on 
such real and personal property.' 
Amend the bill in section 3 inc. 42 in §4221 in subsection 1 in paragraph A in the first 
lines (page 15, lines 6 to 8 in L.D.) by striking out the following: "and ownership by the 
authority of renewable generation projects and energy storage systems in the following 
cumulative" and inserting the following: 'by 3rd parties of renewable generation projects 
and energy storage systems and the ownership by the authority of those renewable 
generation projects and energy storage systems. Renewable generation projects and energy 
storage systems financed or owned by the authority must use commercially available 
technology and achieve commercial operations on or after January 1, 2023. The authority 
shall seek to provide for the development and ownership of projects and systems the output 
capacity of which totals the following' 
Amend the bill in section 3 inc. 42 in §4221 in subsection 4 in the 2nd line (page 16, 
line 21 in L.D.) by striking out the following: "3210-H
and inserting the following: 
13210-J1 
Amend the bill in section 3 in c. 42 in §4222 in subsection 1 in paragraph B in the last 
lines (page 17, lines 15 and 16 in L.D.) by striking out the following: "and payment into 
any sinking funds" and inserting the following: ', payment into any sinking funds and 
payment of amounts pursuant to section 4215, subsection 2' 
Amend the bill in section 3 inc. 42 in §4223 in subsection 3 in the first line (page 18, 
line 16 in L.D.) by inserting after the following: "exceptions. 
The" the following: 
'executive' 
Amend the bill in section 4 in the first line (page 19, line 5 in L.D.) by striking out the 
following: "§10128" and inserting the following: '§10130' 
Amend the bill in section 4 in §10128 in the first line (page 19, line 6 in L.D.) by 
striking out the following: "§10128." and inserting the following: '§10130.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT *to H.P. 1218, L.D. 1634 
1. It clarifies the purpose of the Maine Generation Authority. 
2. It adds a definition of "commercially available technology" and adjusts the 
definitions of "energy storage system" and "renewable generation project." 
3. It changes the title of the director of the authority to the executive director and 
clarifies the appointment process. 
4. It prohibits members of the board of the authority from participating in decisions on 
matters in which they have an interest. 
5. It removes the ability for the authority to take property by eminent domain. 
6. It prohibits the authority from owning or operating any energy storage system or any 
renewable generation project that achieves commercial operations before January 1, 2023 
or that relies on a technology for storing energy or generating electricity that is not a 
commercially available technology. 
7. It provides that, while the authority is tax exempt, it must provide payments in lieu 
of taxes on all real and personal property and clarifies that the authority may use its 
revenues for this purpose. 
8. It provides that the authority's capital plan must provide for the development by 3rd 
parties ofrenewable generation projects and energy storage systems and the ownership by 
the authority of those renewable generation projects and energy storage systems. 
Renewable generation projects and energy storage systems financed or owned by the 
authority must use commercially available technology and achieve commercial operations 
on or after January 1, 2023. 
9. It provides that the authority must seek to provide for the development and 
ownership of projects and systems the output capacity of which totals certain amounts by 
certain dates. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved; 04/03/22 feae 
LD 1634 
LR 1455(02) 
An Act To Create the Maine Generation Authority 
Fiscal Note for Bill as Amended by Committee Amendment #C./-/---9'J2....) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Creates Maine Generation Authority 
Potential future biennium revenue decrease - General Fund 
Current biennium cost increase - Efficiency Maine Trust 
Current biennium revenue increase - Efficiency Maine Trust 
This bill creates the Maine Generation Authority (MGA) as an instrumentality of the State that is authorized to iss1 
revenue bonds up to an amount not to exceed $1,500,000,000 in principal outstanding at any one time to facilitate the 
financing and ownership of energy generation projects and energy storage systems located in the State. The revenue 
bonds will be backed by electric ratepayers through the sale of the output of projects in relevant wholesale markets 
administered by New England independent operator ISO-NE. The bonds do not constitute a debt of the State and are 
payable solely from the operating revenue of the MGA. It is important to clarify that this fiscal note does not attempt 
to quantify or include the cost to the MGA to issue these bonds or the potential costs to ratepayers to finance them. 
The bill also allows the MGA to borrow up to $1,000,000 for 3 years at 3% from the Efficiency Maine Trust (EMT) 
to fund start-up costs. The MGA will contract with the EMT to sell the energy produced. The EMT has sufficient 
resources to provide the loan and accommodate the contractual obligations with the MGA. 
MGA is exempt from sales and income taxes and, to the extent that future electricity sales by taxable utilities are 
reduced, there will be a reduction in General Fund and Local Government Fund revenue. MGA is also exempt from 
property taxes, but must make payments in lieu of property taxes equal to any loss of property tax revenue. 
Any additional costs to various departments and agencies from the other provisions in this bill are expected to be 
minor and can be absorbed within existing budgeted resources. 
LR1455(02) - Fiscal Note - Page 1 of 1