An Act To Cap the Value of Contracts for Renewable Resources and Distributed Generation Resources
Maine Legislature, Session 130, LD 0634
Committee Amendment CA_A_S528 (Senate)
Amends: 35-A MRSA §3209-A, 35-A MRSA §3209-B

COJ\.1MITTEE AMENDMENT ".,4 " to S.P. 248, L.D. 634, "An Act To Cap the 
Value of Contracts for Renewable Resources and Distributed Generation Resources" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Reduce Volatility in the Net Energy Billing Program' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 35-A MRSA §3209-A, sub-§7, 1-E, as enacted by PL 2021, c. 390, §1, is 
amended by amending subparagraph (1) to read: 
( 1) The proposed distributed generation resource must reach commercial operation 
mechanical completion by the date specified in the net energy billing agreement or 
by the date specified with an allowable modification to that agreement. For the 
purposes of this subparagraph, "mechanical completion" means that all mechanical 
and physical aspects of a distributed generation resource have been constructed 
and installed in accordance with design specifications such that the resource may 
commence commercial operation upon receipt of permission to operate from the 
utility. 
Sec. 2. 35-A MRSA §3209-B, sub-§5, as enacted by PL 2019, c. 478, Pt. A, §4, is 
amended to read: 
5. Tariff rate; bill credits. The commission shall establish by rule a tariff rate rates 
for customers participating in the program. The initial tariff rate must be established no 
later than December 1, 2019. 
A. The tariff rate for customers participating in net energy billing with a distributed 
generation resource described in this paragraph must equal the standai'd offer standard-
offer service rate established an4er pursuant to section 3212 that is applicable to the 
customer receiving the credit plus 75% of the effective transmission and distribution 
rate for the rate class that includes the smallest commercial customers of the investor-
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /Jr" to S.P. 248, L.D. 634 ( S -S 2 ..,25') 
owned transmission and distribution utility. The tariff rate under this paragraph applies 
to net energy billing with a distributed generation resource: 
0) With a nameplate capacity of greater than one megawatt if: 
(a) The entity developing the distributed generation resource certifies by 
sworn affidavit with accompanying documentation to the commission that the 
entity, before September 1, 2022, commenced physical work of a significant 
nature, as described in Internal Revenue Service Notice 2013-29, Section 4. 02, 
on the distributed generation resource and thereafter the entity has made and 
will continue to make continuous construction efforts, as described in Internal 
Revenue Service Notice 2013-29, Section 4.06, to advance toward completion 
of the distributed generation resource. The commission may share information 
contained in the affidavit submitted in accordance with this division with a 
transmission and distribution utility, as necessary, to verify a distributed 
generation resource's compliance with this division. The commission may 
require the entity that submits a sworn affidavit under this division to provide 
updated documentation to the commission 12 months after submission of the 
affidavit: or 
(b) The distributed generation resource is collocated with a net energy billing 
customer that is or net energy billing customers that are subscribed to at least 
50% of the facility's output; or 
(2) With a nameplate capacity of one megawatt or less. 
A-1. The tariff rate for a customer participating in net energy billing under this section 
with a distributed generation resource not governed by paragraph A must: 
(1) In 2022, equal the standard-offer service rate established pursuant to section 
3212 that was applicable to the rate class of the customer receiving the credit on 
December 31, 2020 plus 75% of the effective transmission and distribution rate 
that was in effect on December 31, 2020 for the rate class that includes the smallest 
commercial customers of the investor-owned transmission and distribution utility; 
and 
(2) Increase by 2.25% on January 1st of each subsequent year, beginning January 
1, 2023. 
B. A customer participating in the program must receive for electricity delivered to 
the electric grid from a distributed generation resource in which the customer has a 
financial interest a bill credit based on the tariff rate to apply against the costs of 
electricity delivered to the customer by the investor-owned transmission and 
distribution utility. 
C. A bill credit under the program as described in paragraph B may be applied to any 
portion of a customer's electricity bill. Credits that remain unused at the end of any 
billing period may be carried forward for up to one year from the end of that billing 
period. 
D. A customer participating in the program who remains eligible to participate in the 
program must be allowed to receive a bill credit based on the tariff rate for a period of 
no less than 20 years from the date of first receiving the credit. 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" /J "to S.P. 248, L.D. 634 ( S' ) L '6) 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC UTILITIES COMMISSION 
Public Utilities - Administrative Division 0184 
Initiative: Provides funding for one Utility Analyst position and associated position costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2021-22 
0.000 
$0 
$0 
$0 
2022-23 
1.000 
$145,312 
$8,880 
$154,192 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and adds a new title. The amendment establishes a 
tariff rate applicable to distributed generation resources that do not qualify for the tariff rate 
under the Maine Revised Statutes, Title 35-A, section 3209-B, subsection 5, paragraph A. 
The amendment limits the applicability of the tariff rate under paragraph A to distributed 
generation resources with a nameplate capacity of one megawatt or less and distributed 
generation resources with a nameplate capacity over one megawatt that are collocated with 
net energy billing customers subscribed to at least 50% of the facility's output or that have 
certified that the resources have commenced physical work of a significant nature before 
September 1, 2022. The amendment also replaces the term "commercial operation" with 
the term "mechanical completion" and defines "mechanical completion" in the provisions 
governing the residential net energy billing program. The amendment adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/01/22 Jb,::,ae 
LD634 
LR345(02) 
An Act To Cap the Value of Contracts for Renewable Resources and Distributed Generation 
Resources 
Fiscal Note for Bill as Amended by Committee Amendment ";J,'l s-SZ <i$) 
Committee: Energy, Utilities and Technology 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY2022-23 
$0 
$154,192 
$0 
$154,192 
Projections 
FY 2023-24 
$160,525 
$160,525 
Projections 
FY 2024-25 
$168,101 
$168,101 
This bill changes certain qualification requirements for distributed generation resources for net energy billing and 
establishes a new tariff rate for certain distributed generation resources. The bill includes ongoing allocations to the 
Public Utilities Commission (PUC) of $154,192 starting in fiscal year 2022-23 for one Utility Analyst position and 
associated costs. The increased allocations in this bill will be funded by revenue from the assessment on transmission 
and distribution utilities. 
LR0345(02) - Fiscal Note - Page 1 of 1