Resolve, to Ensure that Eligible Customers Receive Payments from the Energy Rate Relief Fund (AFTER DEADLINE)
Maine Legislature, Session 131, LD 1971
Committee: Energy, Utilities and Technology
Sponsors: JACKSON

Legislative Document
No. 1971
S.P. 805
In Senate, May 18, 2023
Resolve, to Ensure that Eligible Customers Receive Payments from 
the Energy Rate Relief Fund
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain deadlines need to be extended before the expiration of the 90-day 
period in order to ensure that eligible customers receive payments from the Energy Rate 
Relief Fund; 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
Sec. 1.  Resolve 2021, c. 168, §4, amended.  Resolved:  That Resolve 2021, c. 
168, §4 is amended to read:
Sec. 4. Energy rate relief payments by covered utilities. Resolved: That, by 
October 30, 2022 2023, each covered utility shall credit to the account of each eligible 
customer the amount of relief payment to which the eligible customer is entitled under 
section 5 unless the eligible customer is no longer a customer of the utility. By November 
15, 2022 2023, the covered utility shall report to the department the total amount of relief 
payments applied to eligible customer accounts and the total number of eligible customers 
who received an account credit in each relief payment tier specified in section 5, 
subsections 1 to 3. When a covered utility credits the relief payment to the customer's bill, 
the utility may deduct that amount from the separate account set aside for purposes of this 
section under section 3 and treat that amount as if it were a payment by the customer. Any 
funds that a covered utility does not credit to an eligible customer under this section by 
June December 1, 2023 must be returned to the Treasurer of State, who, by December 31, 
2023, shall transfer the funds to the department.
Sec. 2.  Resolve 2021, c. 168, §5, first ¶, amended.  Resolved:  That Resolve 
2021, c. 168, §5, first ¶ is amended to read:
Sec. 5. Energy rate relief payment distribution. Resolved: That the department 
shall determine the amount of relief payments for covered utilities to credit to an eligible 
customer based on the number of kilowatt-hours billed by the covered utility to the 
customer on the February 2022 invoice or based on an alternative method as determined 
by the department in accordance with the following relief payment tiers:
Sec. 3.  Resolve 2021, c. 168, §6, amended.  Resolved:  That Resolve 2021, c. 
168, §6 is amended to read:
Sec. 6. Energy Rate Relief Fund. Resolved: That the Energy Rate Relief Fund is 
established for purposes of facilitating relief payments under this section. The fund consists 
of all resources transferred to the fund by the State Controller under section 3 and funds 
identified by the department to implement this section. The fund must be used to provide 
relief payments to covered utilities or consumer-owned transmission and distribution 
utilities under this section. The department may use the fund to provide energy rate relief 
to eligible customers of a consumer-owned transmission and distribution utility. Any 
amounts remaining in the fund on June 30 December 15, 2023 must be transferred by the 
State Controller to the department.
Sec. 4.  Resolve 2021, c. 168, §7, amended.  Resolved:  That Resolve 2021, c. 
168, §7 is amended to read:
Sec. 7. Review. Resolved: That, by June 30 December 15, 2023, the department 
shall undertake a review of each covered utility to ensure that the relief payment under 
section 3 has been credited to eligible customers or returned to the State in accordance with 
section 4. If the department determines that any of the requirements of this section have not 
been complied with, the department may issue appropriate orders to correct the 
noncompliance or provide a report to the joint standing committee of the Legislature having 
jurisdiction over energy, utilities and technology matters recommending legislation to 
address the matter.
Sec. 5.  Retroactivity.  Resolved:  That this resolve applies retroactively to October 
30, 2022.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve ensures that an eligible customer of an electric utility receives a payment 
from the Energy Rate Relief Fund under Resolve 2021, chapter 168 even if that customer 
did not receive a February 2022 invoice from that electric utility.