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_SA_A_S581 (Senate)
Amends: 35-A MRSA §102, 35-A MRSA §103, 35-A MRSA §109, 35-A MRSA §1316, 35-A MRSA §1321, 35-A MRSA §1322, 35-A MRSA §1702, 35-A MRSA §1709, 35-A MRSA §3209-A, 35-A MRSA §3209-B

SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to S.P. 248, 
L.D. 634, "An Act To Cap the Value of Contracts for Renewable Resources and Distributed 
Generation Resources" 
Amend the amendment by striking out the substitute title and replacing it with the 
following: 
'An Act To Reduce Volatility in the Net Energy Billing Program and To Define 
"Competitive Electricity Provider" ' 
Amend the amendment by striking out sections 1 to 3 and inserting the following: 
'Sec. 1. 35-A MRSA §102, sub-§2-A, as enacted by PL 1999, c. 398, Pt. A, §3 and 
affected by §§104 and 105, is repealed. 
Sec. 2. 35-A MRSA §102, sub-§2-B is enacted to read: 
2-B. Competitive electricity provider. "Competitive electricity provider" has the 
same meaning as in section 3201, subsection 5. 
Sec. 3. 35-A MRSA §103, sub-§2, ,fC, as enacted by PL 1999, c. 398, Pt. A, §10 
and affected by §§104 and 105, is amended to read: 
C. The commission shall oversee the activities of competitive service electricity 
providers to the extent provided in this Title. 
Sec. 4. 35-A MRSA §109, sub-§1, as amended by PL 1999, c. 398, Pt. A, §11 and 
affected by §§104 and 105, is further amended to read: 
1. Public utilities. A member or employee of the commission may not: 
A. Have any official or professional connection or relation with any public utility or 
competitive service electricity provider operating within this State; 
B. Hold any stock or securities in any public utility or competitive service electricity 
provider operating within this State; 
C. Render a professional service against any such public utility or competitive service 
electricity provider; or 
D. Be a member of a firm that renders service against any such public utility or 
competitive service electricity provider. 
Page l - 130LR0345(05) 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to S.P. 248, L.D. 634 ( s-'S1$'\) 
Sec. 5. 35-A MRSA §1316, as amended by PL 1999, c. 398, Pt. A, §21 and affected 
by§§ 104 and 105, is further amended by amending the section headnote to read: 
§1316. Testimony presented by employees of public utilities or competitive senriee 
electricity providers to legislative committees and to the Public Utilities 
Commission 
Sec. 6. 35-A MRSA §1316, sub-§1, 18, as amended by PL 1999, c. 398, Pt. A, 
§21 and affected by §§104 and 105, is further amended to read: 
B. 
"Employer" means a public utility or competitive service electricity provider 
licensed to do business in this State with one or more employees. 
Sec. 7. 35-A MRSA §1316, sub-§2, as amended by PL 1999, c. 398, Pt. A, §21 
and affected by §§104 and 105, is further amended to read: 
2. Right to provide testimony. Employees of a public utility or competitive service 
electricity provider have the right to represent themselves and to testify before a legislative 
committee or the commission on their own time. An employee of a public utility or 
competitive service electricity provider who complies with this section may not be denied 
the right to testify before a legislative committee or the commission. 
Sec. 8. 35-A MRSA §1316, sub-§3, as amended by PL 1999, c. 398, Pt. A, §21 
and affected by §§104 and 105, is further amended to read: 
3. Discharge of, threats to or discrimination against employees of utility serviee 
public utilities or competitive electricity providers for testimony presented to 
legislative committees or the commission. Unless otherwise provided for, a supervisor 
may not discharge, threaten or otherwise discriminate against an employee of a public 
utility or competitive service electricity provider regarding the employee's compensation, 
terms, conditions, location or privileges of employment because the employee, in 
compliance with this section, in good faith testifies before or provides information to a 
legislative committee or to the commission regarding the operation of the business of a 
public utility or competitive service electricity provider or because the employee brings the 
subject matter of the testimony or information to the attention of a person having 
supervisory authority. 
This subsection does not apply to an employee who has testified before or provided 
information to a legislative committee or to the commission unless the employee has first 
brought the subject matter of the testimony or information in writing to the attention of a 
person having supervisory authority with the employer and has allowed the employer a 
reasonable time to address the subject matter of the testimony or information. 
If 
appropriate, the employer shall respond in writing. 
Sec. 9. 35-A MRSA §1316, sub-§5, as amended by PL 1999, c. 398, Pt. A, §21 
and affected by §§104 and 105, is further amended to read: 
5. Civil actions for injunctive relief or other remedies. An employee of a public 
utility or competitive service electricity provider who alleges a violation of rights under 
this section and who has made reasonable efforts to exhaust all grievance procedures, as 
provided for in the contract of employment or which otherwise may be available at the 
employee's place of employment, may bring a civil action, including an action for 
injunctive relief, within 90 days after the occurrence of that alleged violation or after the 
SENATE AMENDMENT 
ROS 
( 
SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to S.P. 248, L.D. 634 ( ~- S-~lj 
grievance procedure or similar process terminates. The action may be brought in the 
Superior Court for the county where the alleged violation occurred, the county where the 
complainant resides or the county where the person against whom the civil complaint is 
filed resides. An employee must establish each and every element of the employee's case 
by a preponderance of the evidence. 
Sec. 10. 35-A MRSA §1321, as amended by PL 1999, c. 398, Pt. A, §22 and 
affected by § § 104 and 105, is further amended to read: 
§1321. Orders altered or amended 
The commission may at any time rescind, alter or amend any order it has made 
including an order fixing any rate or rates, tolls, charges or schedules of a public utility or 
an order relating to matters within the jurisdiction of the commission with respect to a 
competitive service electricity provider only if it gives the public utility or competitive 
service electricity provider and all parties to the original proceeding, to the extentpractical, 
written notice and after opportunity for those parties to present evidence or argument, as 
determined appropriate by the commission. Certified copies of amended orders must be 
served and take effect as provided for original orders. Nothing in this section is intended 
to grant to the commission authority to establish or approve the rates charged by 
competitive service electricity providers. 
Sec. 11. 35-A MRSA §1322, sub-§1, as amended by PL 1999, c. 398, Pt. A, §23 
and affected by §§104 and 105, is further amended to read: 
1. Orders temporarily amended. When the commission finds it necessary to prevent 
injury to a public utility's business or to the interest of the people, or if the commission 
finds there is an emergency, it may temporarily alter, amend or, with the public utility's 
consent, suspend existing rates, schedules or orders affecting the public utility. When the 
commission finds it necessary to prevent injury to a competitive service electricity 
provider's business or to the interest of the people, or if the commission finds there is an 
emergency, it may temporarily alter, amend or, with the competitive service electricity 
provider's consent, suspend existing orders affecting the competitive service electricity 
provider. 
Sec. 12. 35-A MRSA §1322, sub-§3, as enacted by PL 1999, c. 398, Pt. A, §23 
and affected by §§104 and 105, is amended to read: 
3. 
Limitation of authority. 
Nothing in this section is intended to grant the 
commission authority to establish or approve the rates charged by competitive service 
electricity providers. 
Sec. 13. 35-A MRSA §1702, sub-§1, ~' as amended by PL 1999, c. 398, Pt. A, 
§24 and affected by §§104 and 105, is further amended to read: 
B. The reasonableness and adequacy of the service furnished or proposed to be 
furnished by any public utility or competitive service electricity provider; 
Sec. 14. 35-A MRSA §1702, sub-§3, as amended by PL 1999, c. 398, Pt. A, §25 
and affected by §§104 and 105, is further amended to read: 
3. . Petition to initiate proceedings. 
The Public Advocate may petition the 
commission to initiate proceedings to review, investigate and take appropriate action with 
SENATE AMENDMENT 
ROS1 
SENATE AMENDMENT" f<l "to COMMITTEE AMENDMENT "A" to S.P. 248, L.D. 634 ( s~ 5"~') 
respect to the rates or service of any public utility or competitive service electricity provider 
when determined necessary by the Public Advocate. 
Sec.15. 35-A MRSA §1702, sub-§5, as amended by PL 2019, c. 71, §1, is further 
amended to read: 
5. Intervention on behalf of public. The Public Advocate may, on behalf of the using 
and consuming public, or any particular group of consumers, petition to initiate, or 
intervene and appear in, any proceedings before the commission, appeals from orders of 
the commission, or proceedings before state and federal agencies and courts in which the 
subject matter of the action affects the customers of any utility or competitive service 
electricity provider doing business in this State. 
Sec. 16. 35-A MRSA §1709, as amended by PL 1999, c. 398, Pt. A, §28 and 
affected by §§104 and 105, is further amended to read: 
§1709. Conflicts of interest 
In addition to the limitations of Title 5, section 18, the Public Advocate or any 
employee of the Public Advocate may not have any official or professional connection or 
relation with, or hold any stock or securities in, any public utility or competitive service 
electricity provider operating within this State; render any professional service against any 
such public utility or competitive service electricity provider; or be a member of a firm that 
renders any such service. 
Sec. 17. 35-A MRSA §3209-A, sub-§7, as enacted by PL 2021, c. 390, §1, is 
amended to read: 
7. Applicability. A distributed generation resource with a nameplate capacity of at 
-least greater than 2 megawatts and not more than 5 megawatts may be used for net energy 
billing under this section only if the requirements of paragraph A, B or C are met and all 
the requirements of paragraphs D and E are met. 
A. In order for a distributed generation resource to be used for net energy billing, one 
of the following must have been met on or before December 31, 2020: 
(1) There is a signed interconnection agreement between the entity proposing the 
development of the distributed generation resource and a transmission and 
distribution utility governing the connection of the resource to the utility's system 
and the ongoing operation of the resource after it is connected to the system; or 
(2) There is a net energy billing agreement between the entity proposing the 
development of the distributed generation resource and the transmission and 
distribution utility. 
An amendment, revision or re issuance of an agreement under this paragraph that occurs 
after December 31, 2020 may not be interpreted to affect the date on which the initial 
agreement was signed. 
B. In order for a distributed generation resource to be used for net energy billing, one 
of the following must have been met on or before April 3 0, 2021: 
(1) A complete application for a customer net energy billing agreement has been 
submitted for the distributed generation resource and a customer has or customers 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to S.P. 248, L.D. 634 { S-S-K~ 
have financial interest in 90% or more of the capacity of that distributed generation 
resource; or 
(2) There is a fully executed net energy billing agreement between a customer or 
sponsor of the distributed generation resource and the transmission and distribution 
utility for the distributed generation resource and a customer has or customers have 
financial interest in 90% or more of the capacity of that distributed generation 
resource. 
C. In order for a distributed generation resource to be used for net energy billing, the 
following must have been met on or before June 1, 2021: 
(1) The interconnection study process has commenced for a distributed generation 
resource located in those portions of the service territory of an investor-owned 
transmission and distribution utility that are not connected to the ISO-NE region 
as defined in section 1902, subsection 3. 
D. In order for a distributed generation resource to be used for net energy billing, all 
of the following must be met on or before December 31, 2021: 
(1) 
There is a fully executed interconnection agreement between the entity 
proposing the development of the distributed generation resource and the 
transmission and distribution utility; 
(2) The entity proposing the development of the distributed generation resource 
certifies to the commission that the entity has submitted all applicable permit 
applications to the Department of Environmental Protection and the department 
has accepted those applications for processing; and 
(3) The entity proposing the development of the distributed generation resource 
certifies to the commission that the entity has received all necessary local, 
nonministerial permits. For purposes of this subparagraph, "nonministerial permit" 
means a permit for which one or more officials consider various factors and 
exercise discretion in deciding whether to issue or deny the permit. 
An amendment, revision or re issuance of an agreement under this paragraph that occurs 
after December 31, 2021 may not be interpreted to affect the date on which the 
agreement was initially executed. 
E. In order for a distributed generation resource to be used for net energy billing, the 
following must be met on or before December 31, 2024: 
( 1) The proposed distributed generation resource must reach commercial operation 
by the date specified in the net energy billing agreement or by the date specified 
with an allowable modification to that agreement. 
An entity proposing the development of a distributed generation resource that does not 
meet one or more of the requirements of this subsection may petition the commission for a 
good-cause exemption due to external delays outside of the entity's control, which the 
commission may grant if it finds that, without the external delays, the entity could 
reasonably have been expected to meet the requirements. 
The goal for development of commercially operational distributed generation resources 
under this subsection and section 3209-B, subsection 7 is 750 total megawatts. 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to S.P. 248, L.D. 634 ( S· S 81) 
Sec. 18. 35-A MRSA §3209-A, sub-§7, as enacted by PL 2021, c. 370, §1 and 
reallocated by RR 2021, c. 1, Pt. A, §37, is reallocated to 35-A MRSA §3209-A, sub-§8. 
Sec. 19. 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 a customer participating in net energy billing with a distributed 
generation resource described in this paragraph must equal the standard offer standard-
offer service rate established under 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-owned 
transmission and distribution utility. The tariff rate under this paragraph applies to net 
energy billing with a distributed generation resource: 
(I) With a nameplate capacity of greater than one megawatt if: 
(a) The entity developing the distributed generation resource certifies by 
affidavit with accompanying documentation to the commission that the entity, 
before September 1, 2022, commenced on-site physical work of a significant 
nature on the distributed generation resource and the entity has made and will 
continue to make continuous on-site construction efforts to advance toward 
completion of the distributed generation resource. For the purpose of this 
paragraph, continuous on-site construction efforts include, but are not limited 
to, in the context of a solar facility, the continuous installation of racks or other 
structures to affix photovoltaic panels, collectors or solar cells to a site. The 
commission may share information contained in the affidavit submitted in 
accordance with this paragraph with a transmission and distribution utility, as 
necessary, to verify a distributed generation resource's compliance with this 
section. In administering this subsection, the commission may adopt rules 
including, but not limited to, requiring the entity that submits a sworn affidavit 
under this subparagraph to provide updated documentation to the commission 
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 
SENATE AMENDMENT 
·ROS 
SENATEAMENDMENT"A "to COMMITTEEAMENDMENT"A" to S.P. 248, L.D. 634 ( S· ~D 
(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.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This 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 provides that a distributed generation resource with a nameplate 
capacity of greater than 2 megawatts and not more than 5 megawatts may be used for net 
energy billing if certain requirements are met. 
The amendment also replaces the term "competitive service provider" with 
"competitive electricity provider" in the laws governing the Public Utilities Commission. 
SPONSORED BY: I )2;;_,~ 2 L-------
~ 
/J.k 
(Senator LAWRENCE, M.) 
COUNTY: York 
SENATE AMENDMENT