An Act to Ehmmate the Current Net Energy Billmg Pohcy m Mame
Maine Legislature, Session 131, LD 1437
Committee Amendment CA_A_SA_A_S432 (Senate)
Amends: 35-A MRSA §3209-A, 35-A MRSA §3209-B, 35-A MRSA §3209-D, 35-A MRSA §3209-F, 35-A MRSA §3210-G

SENATE AlvIBNDNIENT "A" to COMMITTEE AMENDMENT "A" to HP 861, 
L D 1347, "An Act to Ehmmate the Current Net Energy Billmg Pohcy m Mame" 
Amend the amendment by stnkmg out the 2nd mstruct10nal paragraph and msertmg 
the followmg 
'Amend the bdl by stnkmg out all of the emergency preamble ' 
Amend the amendment by stnkmg out all of the emergency preamble 
Amend the amendment by stnkmg out the 3rd mstruct10nal paragraph and msertmg the 
followmg 
'Amend the bdl by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg' 
Amend the amendment by stnkmg out all of sections 2 and 3 
Amend the amendment by msertmg after section 3 the followmg 
'Sec. 4. 35-A MRSA §3209-A, sub-§2, as enacted by PL 2019, c 478, Pt A, §3, 
is amended to read 
2. Fmanc1al mterest required. the Except as otheiwise provided m this section, the 
commission shall allow a customer to participate m net energy bdlmg if the customer has 
a financial mterest m a distnbuted generation resource or m a generation resource that has 
a net energy billmg arrangement on the effective date of this section, mcludmg facihty 
ownership, a lease agreement or a power purchase agreement 
Sec. 5. 35-A MRSA §3209-A, sub-§2-A 1s enacted to read 
2-A. Net energy billmg termmahon. Except as p10v1ded m subsections 10 and 11 
and notwithstandmg any provis10n of law to the contrary, after December 31, 2044, a 
person may not participate m net energy bdhng under this sect10n ' 
Amend the amendment by stnkmg out all of sect10n 5 and msertmg the followmg 
'Sec. 5. 35-A MRSA §3209-A, sub-§3-A is enacted to iead 
3-A. Shared financial mterest; 20-customer hmitat10n. Begmmng October 1, 2023, 
the followmg limitations apply 
SENATE AMENDMENT 
ROS 
SENA TE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to HP 861, L D 134 7 
A 
Except as provided ill paragraph B, no more than 20 customers of an mvestor-
owned tiansmiss10n and distnbution utility may share a financial illterest m a 
distnbuted generation resource and participate ill net energy billillg under this section 
In order to qualify to participate m net energy billing under this paragraph, the 
distnbuted generation resource must be located on the same side of a meter as one of 
the 20 customers and serve the electnc load of that customer and at least 50% of the 
net energy billmg credits associated with the output of the distnbuted generation 
resource must be allocated to the retail account of that customer 
B The lnmtation under paragraph A does not apply to 
( 1) A customer partic1patillg m net energy billing under this sect10n pursuant to a 
net energy billmg agreement that was entered illto pnor to October 1, 2023, or 
(2) A mumcipahty participatillg ill net energy billillg under this section ill 
connection with a distnbuted generation resource 1f the distnbuted generation 
resomce is located on the same side of a meter as the mumcipahty and serves the 
electnc load of that mumc1pahty and at least 25% of the net energy billillg credits 
associated with the output of the distnbuted generation resource are allocated to 
the retail account of that mumcipahty 
An amendment, revision or reissuance of an agreement under this paragraph that occurs 
after October 1, 2023 may not be mterpreted to affect the date on which the agreement 
was imtially executed ' 
Amend the amendment by stnkillg out all of sect10n 7 and msertillg the followmg 
'Sec. 7. 35-A MRSA §3209-A, sub-§4-A is enacted to read 
4-A. System size begmnmg October 1, 2023 
Begmmng October 1, 2023, the 
following limitations apply 
A Except as provided m paragraph B, the nameplate capacity of a distnbuted 
generation resource that may be used for net energy billmg under this sect10n may not 
be more than one megawatt, except that, if a mumcipahty 1s the customer partlcipatmg 
ill net energy billmg, the nameplate capacity of a distributed generation resource 
located m that municipality that may be used for the net energy b11lmg may be gieater 
than one megawatt as long as not more than one megawatt of metered electnc1ty from 
the resource is used for net energy billmg 
B The lumtat1on under paragraph A does not apply to a customer participatmg 111 net 
energy billillg under this section pursuant to a net energy b11lmg agreement that was 
entered mto pnor to October 1, 2023 
Sec. 8. 35-A MRSA §3209-A, sub-§9 is enacted to read 
9. Appbcabdity to projects between one megawatt and 2 megawatts. A distributed 
generation resource with a nameplate capacity of greatei than one megawatt and not more 
than 2 megawatts may be used for net energy billmg under this sect10n only if the 
requrrement of paragraph A is met 
A On or before December 31, 2024, the proposed distnbuted generation resource must 
reach commercial operation by the date specified m the net energy billing agreement 
or by the date specified with an allowable modification to that agreement 
SENATE AMENDMENT 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to HP 861, L D 1347 
An entity proposing the development of a distributed generat10n resource that does not 
meet the reqmrement of paragraph A may petition the commission for a good-cause 
exemption due to external delays outside of the entity's control, which the commission may 
grant 1f it finds that without the external delays the entlty could reasonably have been 
expected to meet the requirement, except that a d1stnbuted generation resource that receives 
a good-cause exemption may not be used for net energy billing under this section unless 1t 
has reached commercial operatlon by December 31, 2025 
Sec. 9. 35-A MRSA §3209-A, sub-§10 1s enacted to read 
10. Consumer-owned small pro1ect exception; rules. In accordance with this 
subsection, the comm1ss1on may approve the use of a consumer-owned small pro1ect in net 
energy billing under this section 
A For the purposes of this subsection, "consumer-owned small protect" means a 
distributed generation resource with a nameplate capacity of one megawatt or less that 
1s wholly owned by the customers receiving the net energy billing credits associated 
with the output of the d1stnbuted generation resource 
B A consumer-owned small protect 1s not sub1ect to the lumtat1ons established in 
subsections 2-A and 3-A 
C The commission may not approve m01e than 10 consumer-owned small pro1ects 
under this subsection 
D The comm1ss1on may adopt rules to tmplement this subsect10n Rules adopted 
pursuant to this subsection are routine techmcal rules as defined in Title 5, chapter 375, 
subchapter 2-A 
Nothing in this subsection prolub1ts the use of a distributed generatlon resource for net 
energy billing 1f that distnbuted generatlon resource qualifies f01 net energy billing under 
subsect10n 3-A or 4-A 
Sec. 10. 35-A MRSA §3209-A, sub-§ll 1s enacted to read 
11. Smgle customer exception. Notwithstanding any prov1s10n ofth1s section to the 
contrary, a distributed generation resource may be used for net energy bilhng 1f the 
distributed generat10n resource 
A Is owned by a customer, 
B Is used to serve the electric load of that customer only, and 
C Meets the cntenon that 100% of the net energy bilhng credits associated with the 
output of the d1stnbuted generatlon resource are allocated to the retail account of that 
customer' 
Amend the amendment by stnkmg out all of sectlon 9 and inserting the following 
'Sec. 9. 35-A MRSA §3209-B, sub-§3-A 1s enacted to read 
3-A. System size begmning October 1, 2023. Beginning October 1, 2023, the 
following ltmitations apply 
9 
A 
Except as provided m paragraph B, the nameplate capacity of a distnbuted 
generat10n resource that may be used for net energy billing under this sect10n may not 
be more than one megawatt 
SENATE AMENDMENT 
~os 
SENATE AMENDMENT" A 
to COMMITTEE AMENDMENT "A" to HP 861, L D 1347 
B The lumtatlon under paragraph A does not apply to a customer part1c1patmg m net 
energy b1llmg under this section pursuant to a net energy billing agreement that was 
entered mto pnor to October 1. 2023 ' 
Amend the amendment by stnkmg out all of sect10n 11 and msertmg the followmg 
'Sec. 11. 35-A MRSA §3209-B, sub-§4-A 1s enacted to read 
4-A. Shared financ1al mterest, 20-customer hm1tat10n begmnmg October 1, 2023 
Begmnmg October 1, 2023, the followmg lnmtat10ns apply 
A Except as provided m paragraph B, no more than 20 customers of an mvestor-
owned tiansm1ss10n and d1stnbution ut1hty may share a financial mterest m a 
d1stnbuted generation resource and part1c1pate m net energy b1llmg under this sect10n 
In order to qualify to part1c1pate m net energy bilhng under this pat agiaph, the 
d1stnbuted generation resource must be located on the same side of a meter as one of 
the 20 customers and serve the electnc load of that customer and at least 5 0% of the 
net energy b1llmg credits associated with the output of the d1stnbuted generation 
resource must be allocated to the retail account of that customer 
B The lnmtat1on under paragraph A does not apply to 
( 1) A customer part1c1patmg m net energy b11lmg under tlus section pursuant to a 
net energy b1llmg agreement that was entered mto pnor to October 1. 2023, or 
(2) 
A mumc1pahty part1c1patmg m net energy b1l1mg under this sect10n m 
connection with a d1stnbuted generation resource 1f the d1stnbuted generat10n 
resource 1s located on the same side of a meter as the mumc1pahty and serves the 
electnc load of that mumc1pahty and at least 25% of the net energy b1llmg credits 
associated with the output of the d1stnbuted generation 1 esource are allocated to 
the retail account of that mumc1pahty 
An amendment. rev1S1on or re1ssuance of an agreement under this paragraph that occurs 
after October 1, 2023 may not be mterpreted to affect the date on which the agreement was 
mitrnlly executed 
Sec.12. 35-A MRSA §3209-B, sub-§5, ~' as enacted by PL 2019, c 478, Pt A, 
§4, 1s amended to read 
D A customer part1c1patmg m the program who remams ehg1ble to participate m the 
program must be allowed to receive a bill credit based on the tanff rate for a penod of 
no less than 20 years from the date of first rece1vmg the ct edit or through December 
31, 2044. whichever 1s first to occur 
Sec. 13. 35-A MRSA §3209-B, sub-§5-A 1s enacted to read 
5-A. Net energy bdhng termmat10n. Notw1thstandmg any prov1s1on of law to the 
contrary, after December 31, 2044 a person may not part1c1pate m net energy bdlmg under 
this section 
Sec. 14. 35-A MRSA §3209-B, sub-§7, as enacted by PL 2021, c 390, §2, 1s 
amended to read 
7. Apphcab1hty. The apphcab1hty of this section 1s hm1ted by the reqmrements of 
section 3209-A, subseetlon subsections 7 and 9' 
SENATE AMENDMENT 
ROS 
~, 
\ 
J 
SENATE AMENDMENT •A "to COMMITTEE AMENDMENT "A" to HP 861, L D 1347 
Amend the amendment m section 12 m §3209-C by msertmg after the headnote the 
followmg 
'Notw1thstandmg the prov1S1ons of sections 3209-A and 3209-B, the comm1ss1on may 
penod1cally review and by rule alter the amount of compensat10n that a customer with a 
financial mterest m a d1stnbuted generat10n resource receives as a result of partic1patmg m 
net energy bilhng m accordance with this section and sect10n 101 ' 
Amend the amendment m sect10n 12 m §3209-C m subsection 1 m the first 2 Imes 
(page 5, Imes 14 and 15 m amendment) by stnkmg out the followmg "Notw1thstandmg 
the prov1s1ons of sect10ns 3209-A and 3209-B, the" and msertmg the followmg 'The' 
Amend the amendment m sect10n 12 m §3209-C m subsect10n 2 m the first lme (page 
5, lme 24 111 amendment) by stnkmg out the followmg "Notw1thstand111g the prov1s1ons of 
sections 3209-A and 3209-B, the" and msertmg the followmg 'The' 
Amend the amendment by stnkmg out all of section 13 and msertmg the followmg 
'Sec. 13. 35-A MRSA §3209-D 1s enacted to read 
§3209-D. Distributed generation procurement 
The comm1ss1on may direct an mvestor-owned transm1ss1on and d1stnbution utility to 
enter mto one or more contracts for energy or renewable energy credits from d1stnbuted 
generat10n resources m accordance with this section The comm1ss10n may not reqmre a 
d1str1buted generation resource to contract for the sale of energy or renewable energy 
credits under this section 
1. Defimtion. As used m this section, unless the context otherwise md1cates, the 
followmg te1m has the followmg meanmg 
A "D1stnbuted generation resource" means an elect11c generatmg fac1hty that uses a 
renewable fuel or technology under section 3210, subsection 2, paragraph B-3, 1s 
located m the service temt01:y of a transm1ss1on and d1str1but10n ut1hty m the State and 
(1) Has met or 1s reasonably hkely to meet the requirements of section 3209-A, 
subsection 7, paragraph E, as determmed by the comm1ss10n, or 
(2) Has a nameplate capacity of at least one megawatt and not more than 2 
megawatts and 
(a) Is a member of a cluster study conducted by the transm1ss10n and 
d1str1bution'utihty with which the d1stnbuted generat10n resource 1s seekmg to 
mterconnect, or 
(b) Is hkely to receive required transm1ss10n approval from the New England 
mdependent system operator on or before Apnl 30, 2024 
Competitive sohcitations and imtial procurement The comm1ss1on shall conduct 
one or more competitive sohcitat10ns m order to select d1stnbuted generat10n resources for 
contracts under this subsection 
A No later than November 1, 2023. the commission shall 1111tiate the first competitive 
sohc1tat10n m order to select distributed generation resources for contracts pursuant to 
this subsect10n 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT') "to COMMITTEE AMENDMENT "A" to HP 861, L D 1347 
B The commission shall select for a contract under this sect10n any bid relating to a 
distributed generation resource that the commission finds will result in substantial 
savings to ratepayers as compared to the cost of the distributed generat10n resource 
remaining in a net energy billing arrangement under section 3209-A or 3209-B In 
reviewing bids and establishing a contract price under this subsect10n, the commission 
shall determine and consider the levelized cost of the energy that will be purchased 
under the contract 
3. Add1t10nal contractmg authority. After conducting one or more compet1t1ve 
solicitations under subsect10n 2, the commission may direct an investor-owned 
transm1ss10n and distnbution utility to enter into one or more addit10nal contracts for 
energy or renewable energy credits from distributed generation resources 1f the comm1ss1on 
finds that such contracts are in the public interest 
A A contract for energy or renewable energy credits from a distributed generation 
resource under this subsect10n may not establish a pnce for such energy or renewable 
energy credits that is greater than the highest pnce established in the procurements 
under subsect10n 2 
4. Contract terms. A contract entered into pursuant to this section must be for a term 
of no more than 20 years unless the commission finds a contract for a longer tenn to be in 
the public interest 
5. Net energy bdlmg agreement termmation A distnbuted generat10n resource that 
1s awarded a contract under this section 1s ineligible for net energy billing under section 
3209-A or section 3209-B and the commiss10n shall reqmre that all net eneigy billing 
arrangements or agreements be terminated as a condit10n of awarding a contract under this 
section 
6. Report. The comm1ss1on shall include in its bienmal report reqmred by section 
3210-G, subsection 3 information regarding the status of contracts for energy or renewable 
energy credits from distributed generation resources pursuant to this section, including, but 
not limited to, the number of distnbuted generation resources that have been awarded 
contracts, the total capacity of those resources and the estimated ratepayer savings as a 
result of those contracts ' 
Amend the amendment by striking out all of sect10n 15 and mserting the followmg 
'Sec. 15. 35-A MRSA §3209-F 1s enacted to read 
§3209-F. Net energy bdhng cost recovery 
The c01mmss1on shall ensure that benefits of d1stnbuted generation under net energy 
billing are reported and net energy billing costs are allocated m accordance with this 
section 
1. Defimtions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings 
A "Benefits of distributed generat10n under net enei gy billing" means all benefits 
determined by the commission to be reasonably attributable to distributed generat10n 
protects under sections 3209-A and 3209-B, including but not limited to 
(1) Avoided energy and capacity costs 
In determining avoided energy and 
capacity costs, the commission shall use reasonable estimates of energy and 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT •A "to COMMITTEE AMENDMENT "A" to HP 861, L D 1347 
capacity market prices and account for transmiss10n and distribution lme losses 
The commission may determme different av01ded costs for different time periods, 
mcludmg, but not hm1ted to, peak and off-peak periods and summer and wmter 
periods, 
(2) A voided transmission and distribution costs 
In determmmg avoided 
transmiss10n and distribut10n costs, the commission shall use estimates of the 
margmal transmission and d1stribut10n costs and may detennme different av01ded 
costs for different time periods, 
(3) Av01ded fossil fuel costs The commiss10n shall determme av01ded fossil fuel 
costs based on estunated reductions m 011, gas or other fossil fuel use and estimated 
market prices for these fuels, 
( 4) A v01ded transmission and d1stl 1but10n lme losses, 
(5) Demand reduction mduced pnce effects, 
(6) Transmission and distribut10n plant extens10ns or upgrades funded by net 
energy billmg customers, and 
(7) Any other benefits identified by the comm1ss1011 
B "Net energy b1llmg" means net energy b11lmg arrangements under sect10n 3209-A 
or 3209-B 
C "Net energy bdlmg costs" means all legitimate and verifiable costs mcurred by a 
transmission and d1stnbution utility drrectly attributable to net energy bdl111g 
"Net 
energy b1llmg costs" does not mclude any costs mcurred by a pro1ect sponsor as defmed 
m sect10n 3209-A, subsection 1, paragraph D, a net energy billmg customer or any 
other entity, as determmed by the commission by rule 
2. Determmat10n of costs and benefits. The comm1ss10n annually shall determ111e the 
net energy b1llmg costs and benefits of distributed generat10n under net energy b11lmg for 
the previous year 
A When determmmg the benefits of distributed generat1011 under net energy b11lmg, 
the commission shall use any available reg10nal avoided energy supply cost study that 
the commission f111ds to be applicable to the detennmation and that has been developed 
through a transparent process, with mput from state agencies, pubhc advocates and 
ut1hties or energy efficiency admmistrators from at least 3 other states 111 New England 
When relevant mformation specific to this State 1s not provided m the regional study, 
the commission may use the regional mformation m the regional study or mformat10n 
from other sources supported by evidence 111 the commiss10n's record 
B The commission shall allocate to each mvestor-owned transmiss10n and distnbut10n 
utility its pro rata share of net energy billmg costs The allocation must be based on 
each utility's total retail kilowatt-hour energy sales to ratepayers that pay net energy 
billmg costs The commission may determme the means to be used for the allocation 
requrred under this subsection, and those means may mclude the drrect transfer of funds 
between transmission and distnbution utilities 
3. Reportmg of costs and benefits. The comm1ss10n shall submit an annual report no 
later than March 31st to the 10mt standmg committee of the Legislature havmg rnrisdiction 
over utilities matters descnbmg net energy bill111g costs and benefits of d1str1buted 
SENATE AMENDMENT 
ROS 
SENA TE AMENDMENT •A " 
to COMMITIBE AMENDMENT "A" to H P 861, L D 1347 
generation under net energy bilhng detennmed by the comm1ss1on under subsection 2 The 
report must mclude, but 1s not hm1ted to, costs authonzed to be collected by transm1ss1on 
and d1stnbut1on ut1ht1es m rates and benefits d1rectly received by ratepayers 
The 
comm1ss1on shall d1stmgmsh costs and benefits that are monetized from costs and benefits 
that are not monetized If costs or benefits are monetized, the comm1ss10n shall specrfy the 
entities to which the monetized value accrues, which may mclude, but are not lumted to, 
electnc1ty custome1s, electnc1ty supply prov1de1s and transm1ss1on and d1stnbut1on 
utiht1es 
Rules The comm1ss10n shall adopt rules necessary to llllplement this section Rules 
adopted by the comm1ss1on under this subsection are routme techmcal rules as defined m 
Title 5, chapter 375, subchapter 2-A 
Sec. 16. 35-A MRSA §3210-G, sub-§3, as enacted by PL 2019, c 477, §2, 1s 
amended to read 
3. Report. No later than March 31, 2023 and bienmally thereafter, the comm1ss1on 
shall submit a report regardmg the status of contracts for Class IA resources under this 
sect10n and the status of contracts for energy or renewable energy credits from d1stnbuted 
generation resources under sect10n 3209-D to the Jomt standmg committee of the 
Legislature havmg Junsd1ct10n over utilities and energy matters The report must mclude, 
but 1s not l11TI1ted to, a descnpt1on of Class IA resources part1c1patmg m compet1t1ve 
sohc1tat10ns, mformat10n about the resources selected for contracts and the selection 
process, the benefits and costs of the contracts and recommendations about how to further 
stunulate mvestment m Class IA resources or achieve ratepayer benefits from Class IA 
resources The report may mclude mformat1on about benefits and costs of the contracts to 
the State's economy, environmental quahty or electnc1ty consumers over both the short and 
long terms Any analysis of the benefits or costs of the contracts must be based on a forecast 
of all avoided costs resultmg from the contracts that 1s transparent and balanced over the 
long term' 
Amend the amendment by stnkmg out all of section 17 and msertmg the followmg 
'Sec. 17. Interconnection of energy storage. In developmg rules govemmg the 
mterconnection of renewable resources and energy storage pursuant to the Mame Revised 
Statutes, Title 35-A, sect10n 3474, subsection 3, the Pubhc Ut1hties Comm1ss1on shall 
consider whether mod1ficat1on of an mterconnectton application for the sole purpose of 
addmg an energy storage system should matenally llllpact the pos1t10n of the proJect m an 
mterconnectlon queue 
Sec. 18. Cost management report. By December 1, 2024, the Pubhc Utihties 
Commission shall submit a report to the Jomt standmg committee of the Legislature havmg 
Junsd1ct1on over energy matters regardmg the proceedmgs and any actions taken under the 
Mame Revised Statutes, Title 35-A, section 3209-E 
Sec. 19. Appropriations and allocations. The followmg appropnat10ns and 
allocations are made 
EXECUTIVE DEPARTMENT 
Distributed Solar and Energy Storage Program N470 
Imtiative Provides allocat10ns to establish the program 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT •A "to COMMITTEE AMENDMENT "A" to HP 861, L D 1347 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
All Other 
$500 
$500 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$500 
$500 
EXECUTIVE DEPARTMENT 
DEPARTMENT TOTALS 
2023-24 
2024-25 
OTHER SPECIAL REVENUE FUNDS 
$500 
$500 
DEPARTMENT TOTAL-ALL FUNDS 
$500 
$500 
PUBLIC UTILITIES COMMISSION 
Pubhc Utihties - Adm1mstrat1ve D1v1s10n 0184 
Imtiative Provides allocations for expenditures related to contracted consultmg services 
and related STA-CAP 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
All Other 
$385,735 
$0 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$385,735 
$0 
Pubhc Utihties - Admm1strat1ve D1v1s1on 0184 
Imtiative Provides allocations for expenditures related to updatmg a model of avoided 
energy costs 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
All Other 
$0 
$50,511 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$50,511 
Pubhc Utihties - Admm1strative D1v1s10n 0184 
Imtiatlve Provides allocat10ns for expenditures related to contracted set vices 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
All Other 
$101,020 
$0 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$101,020 
$0 
PUBLIC UTILITIES COMMISSION 
DEPARTMENT TOTALS 
2023-24 
2024-25 
OTHER SPECIAL REVENUE FUNDS 
$486,755 
$50,511 
DEPARTMENT TOTAL-ALL FUNDS 
$486,755 
$50,511 
SECTION TOTALS 
2023-24 
2024-25 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to HP 861, L D 1347 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
$487,255 
$487,255 
$51,011 
$51,011 
Amend the amendment by relettenng or 1enumbermg any nonconsecutive Part letter or 
section number to read consecutively 
SUMMARY 
This amendment makes the followmg changes to Committee Amendment "A" 
It removes the emergency preamble and clause 
It provides that a person 1s proh1b1ted from part1c1patmg m the kilowatt-hour credit 
and tanff rate net energy b1llmg programs after December 31, 2044 
It changes the effective date of the hm1tat1on on the number of customers who may 
share a financial mterest ma d1stnbuted generation resource m the kilowatt-hour credit and 
tariff rate net energy billmg programs to October 1, 2023 and mcreases the limit from 10 
customers to 20 customers The amendment creates an exception from the hm1tation for a 
mumc1pahty 1f the d1stnbuted generat1011 resource 1s on the same side of the meter as the 
mumcipality and at least 25% of the net energy b1llmg credits associated with the output of 
the d1stnbuted generation resource are allocated to the mumcipahty 
Begmmng October 1, 2023, 1t lumts the nameplate capacity of a d1stnbuted 
generation resource part1c1patmg m the kilowatt-hour credit or tariffiate net energy b1llmg 
program to one megawatt or less unless the customer of the d1stnbuted generation resource 
1s a mumc1pahty It establishes an except10n for customers part1c1patmg m accordance with 
an agreement entered mto pnor to October 1, 2023 
It establishes lumtations on part1c1pat1on m the kilowatt-hour credit and tanff rate 
net energy b1llmg programs for distnbuted generat10n resources with a nameplate capacity 
of greater than one megawatt and not more than 2 megawatts 
It creates a limited exceptlon from the kilowatt-hour credit net energy b1llmg 
program lumtatlons to allow a d1stnbuted generation resource with a nameplate capacity 
of less than or equal to one megawatt to part1c1pate m net energy b1llmg 1f the d1stnbuted 
generation resource 1s wholly owned by the customers 1 ece1vmg the net energy b1llmg 
credits associated with the output of the distributed generation resource This except10n is 
!muted to a total of 10 d1stnbuted generation resources 
It allows a d1stnbuted generation resource to be used m the kilowatt-hour credit net 
energy b1llmg program 1f the d1stnbuted generation resource 1s owned by the customer and 
1s used to serve the electric load of that customer only and 100% of the net energy b1llmg 
crechts associated with the d1stnbuted generation resource are allocated to the retail account 
of that customer 
It provides that a customer pai11c1patmg m the tariff rate net energy billmg progiam 
who remams ehg1ble to part1c1pate m the program may receive a bill credit based on the 
tariff rate for a penod of no less than 20 years from the date of first 1 eceivmg the credit or 
through December 31, 2044, whichever 1s first to occur 
Page IO - 131LR1811(03) 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT "A "to COMMITIEE AMENDMENT "A" to HP 861, L D 1347 
It directs the Pubbc Utthttes Comm1ss10n to conduct one or more competitive 
sobc1tattons m order to select distributed generation resources foi contracts for energy or 
renewable energy credits The commission must mittate the first competitive sohcitat10n 
by November 1, 2023 To select a distributed generat10n resource for a contract, the 
commission must find that the selection will result m substantial savmgs to ratepayers as 
compared to the cost of the distributed generation resource remammg m a net energy b1llmg 
arrangement 
The amendment allows the comm1ss1on to direct mvestor-owned 
transmission and distribution ut1hties to enter mto one or more additional contracts for 
energy or 1enewable energy credits 1f the commission finds that the contracts are m the 
pubhc mterest The amendment reqmres the commission to report on the status of such 
contracts m a bienmal report 
It requires the Pubbc Utibt1es Commission to annually detennme the net energy 
billmg costs and benefits of distnbuted generation under net energy btllmg programs for 
the prev10us year and to allocate to each mvestor-owned transm1ss10n and distnbution 
utility its pro rata share of net energy btllmg costs The allocat10n must be based on each 
utthty's total retail kilowatt-hour energy sales to ratepayers that pay net energy b1llmg costs 
It reqmres the Pubhc Utilities Commission, m adoptmg mte1 connection rules, to 
consider whether modification of an mterconnectlon application for the sole purpose of 
addmg an energy storage system should matenally Impact the pos1t10n of the proJect m an 
mterconnect1on queue 
It reqmres the Pubhc Utiht1es Commiss10n to submit a one-time report to the Jomt 
standmg committee of the Legislature havmg JUrtsdiction over energy matters regardmg 
the commission proceedmgs and any act10ns taken with respect to opt-m program designs 
It removes the reqmrement that the commission adopt rules govemmg solar energy 
generation resources with a nameplate capacity of less than 5 megawatts 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: --~✓~ tf KM~ 
(Senator GROHOSKI, N.) 
COUNTY: Hancock 
SENATE AMENDMENT 
Approved 06/21/23 feac::.. 
LD 1347 
LR 1811(03) 
An Act to Eliminate the Current Net Energy Billing Policy in Maine 
Fiscal Note for Senate Amendment •'4-to Committee Amendment "A" { $-L.J:Si) 
Sponsor: Sen. Gro{Aski of Hancock 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
$101,020 
$50,511 
$101,020 
$50,511 
Projections 
FY2025-26 
$50,511 
$50,511 
Pro1ections 
FY 2026-27 
$50.511 
$50,511 
This amendment adds addit10nal cntena for the Pubhc Utihtles Comnnss1on to consider when sohcitmg procurement 
bids from distnbuted energy resources It also adds an annual reportmg requ1rement for the PUC regardmg Net Energy 
Billmg costs and benefits for customers and transID1ss1on and d1stnbutlon utihties The amendment adds an add1t1onal 
one-ttme allocation to the PUC of$101,020 m fiscal year 2023-24 and adds ongomg allocations of $50,511 begmrung 
m fiscal year 2024-25 An mcrease m the assessment on lill.pacted ut1ht1es will fund these allocations 
LR1811(03) - Fiscal Note - Page 1 of 1