An Act to Eliminate the Current Net Energy Billing Policy in Maine
Maine Legislature, Session 131, LD 1347
Committee: Energy, Utilities and Technology
Sponsors: FOSTER, STEWART, DRINKWATER, DUNPHY, LYMAN, MASON, NESS, PAUL, POLEWARCZYK, WOOD
Amends: 26 MRSA §1304, 35-A MRSA §3209-A, 35-A MRSA §3209-B, 35-A MRSA §3209-C, 35-A MRSA §3623, 36 MRSA §1760

Legislative Document
No. 1347
H.P. 861
House of Representatives, March 28, 2023
An Act to Eliminate the Current Net Energy Billing Policy in Maine
(EMERGENCY)
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FOSTER of Dexter.
Cosponsored by Senator STEWART of Aroostook and
Representatives: DRINKWATER of Milford, DUNPHY of Embden, LYMAN of Livermore 
Falls, MASON of Lisbon, NESS of Fryeburg, PAUL of Winterport, POLEWARCZYK of 
Wiscasset, WOOD of Greene.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, net energy billing is unnecessary to incentivize more renewable energy 
projects; and
Whereas, the longer net energy billing is in effect, the more it will add to ratepayers' 
energy bills, making this legislation necessary to end net energy billing as soon as possible; 
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 enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1304, sub-§1-A, as enacted by PL 2021, c. 705, §2, is amended 
by amending the first blocked paragraph to read:
"Assisted project" does not include a project for which the Public Utilities Commission 
approved a term sheet or contract or otherwise provided project-specific authorization or 
approval pursuant to Title 35-A on or before June 29, 2021 or a project that is participating 
in net energy billing and that meets the requirements of Title 35-A, section 3209-A, 
subsection 7 or Title 35-A, section 3209-B.
Sec. 2.  35-A MRSA §3209-A, as amended by PL 2021, c. 659, §§17 and 18 and c. 
705, §13, is repealed.
Sec. 3.  35-A MRSA §3209-B, as amended by PL 2021, c. 659, §19, is repealed.
Sec. 4.  35-A MRSA §3209-C is enacted to read:
§3209-C.  Net energy billing requirement prohibited
The commission may not by rule or order require a transmission and distribution utility 
to allow a customer to participate in net energy billing. For the purposes of this section, 
"net energy billing" means a billing and metering practice under which a customer of a 
transmission and distribution utility has the ability to receive a bill credit or other 
adjustment of the customer's transmission and distribution service bill by delivering 
electricity to the transmission and distribution utility from an electric generating facility 
owned or operated by that customer or in which that customer has a financial interest that 
is located in the service territory of the transmission and distribution utility in the State.
Sec. 5.  35-A MRSA §3623, sub-§3, ¶C, as enacted by PL 2021, c. 604, §3, is 
amended to read:
C.  Satisfy the limits on net generating capacity established in subsection 2, paragraph 
A; and
Sec. 6.  35-A MRSA §3623, sub-§3, ¶D, as enacted by PL 2021, c. 604, §3, is 
amended to read:
D.  Be highly efficient, as determined by the commission; and.
Sec. 7.  35-A MRSA §3623, sub-§3, ¶E, as enacted by PL 2021, c. 604, §3, is 
repealed.
Sec. 8.  36 MRSA §1760, sub-§80, as enacted by PL 1999, c. 286, §1, is repealed.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill repeals the laws that authorize the Public Utilities Commission to adopt rules 
governing net energy billing and that direct the commission to establish a net energy billing 
program for commercial and institutional customers of investor-owned transmission and 
distribution utilities and prohibits the commission from adopting rules that require a 
transmission and distribution utility to allow a customer to participate in net energy billing.