An Act to Provide Panty m State Energy Rate Rehef Payments and Tax Exemptions for Mame Cannabis Busmesses
Maine Legislature, Session 131, LD 1691
Committee Amendment CA_A_S422 (Senate)
Amends: 22 MRSA §2425-A, 22 MRSA §2430, 28-B MRSA §102, 28-B MRSA §1101, 36 MRSA §2013

COMlVllTTEE AMENDMENT" A" to SP 678, L D 1691, "An Act to Provide 
Panty m State Energy Rate Rehef Payments and Tax Exemptions for Mame Cannabis 
Busmesses" 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 22 MRSA §2425-A, sub-§10, ~ 
1s enacted to read 
K A fee may not be assessed under this subsect10n for an annual reg1strat1on of a 
caregiver 1f m the prev10us year the caregiver has been determmed comphant with this 
chapter and rules adopted under this chapter as a result of an mspect1on of the caregiver 
by the department under this chapter 
Sec. 2. 22 MRSA §2430, sub-§3, as amended by PL 2021, c 181, Pt A, §2, 1s 
further amended to read 
3. Uses of the fund. The fund may be used for expenses of the department to 
admm1ster this chapter or for research m accordance with subsection 5, as allocated by the 
Legislature To the extent money is available, the department shall provide a monetary 
payment to a person who 1s actively engaged m a cannabis-related busmess act1v1ty as 
defmed m Title 28-B, section 102, subsection 7-A and who provides the department 
evidence that the person meets the cntena for a federally funded assistance program but 1s 
mehgible to receive assistance under the program because the person is engaged m a 
cannabis-related busmess activity The monetary payment provided under this subsection 
must equal the monetary payment the person would have received under the federally 
0 
funded program 
Sec. 3. 28-B MRSA §102, sub-§7-A 1s enacted to read 
7-A. Cannabis-related busmess activity. "Cannabis-related busmess activity" means 
an act1v1ty authonzed under this Title or Title 22, chapter 558-C 
Sec. 4. 28-B MRSA §1101, sub-§2, 10 1s enacted to read 
Page I -131LR1925(02) 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" A,, to SP 678, L D 1691 
D To the extent money is available, the department shall provide a monetary payment 
to a person who is actively engaged m a cannabis-related busmess activity and who 
provides evidence to the department that the person meets the cntena for a federally 
funded assistance program but is meligible to receive assistance under the program 
because the person is engaged m a cannabis-related busmess activity The monetary 
payment provided under this paragraph must equal the monetary payment the person 
would have received under the federally funded program 
Sec. 5. 36 MRSA §2013, sub-§1, 1A, as amended by PL 2019, c 7, §1, is further 
amended to read 
A 
"Commercial agncultural production" means commercial product10n of crops, 
maple syrup, honey, plants, trees, compost, cannabis and livestock 
Sec. 6. Energy rate relief payments. An entity engaged m a cannabis-related 
busmess activity, as defined m the Mame Revised Statutes, Title 28-B, section 102, 
subsection 7-A, authortzed under Title 22, chapter 558-C or Title 28-B, chapter 1 that is 
otherwise eligible for relief under Resolve 2021, chapter 168 but that did not receive relief 
because the entity 1s engaged m a cannabis-related busmess activity must receive a payment 
m accordance with this section for an amount equal to the amount the entity would have 
received 1f the entity had not been engaged ma cannabis-related busmess act1v1ty An entity 
determmed to be eligible under this section that is authonzed to engage m a cannabis-
related act1v1ty pursuant to Title 22, chapter 558-C must be re1mbursed from the Medical 
Use of Cannabis Fund under Title 22, sect10n 2430 An entity determmed to be eligible 
under this section that 1s authorized to engage m a cannabis-related busmess act1v1ty 
pursuant to Title 28-B, chapter 1 must be re1mbursed from the Adult Use Cannabis Public 
Health and Safety and Mumc1pal Opt-m Fund under Title 28-B, sect10n 1101 
1. DefimtJ.ons. As used m this sect10n, unless the context otherwise mdicates, the 
followmg terms have the followmg meanmgs 
A "Commission" means the Pubhc Utiht1es Comm1ss1on 
B "Covered utility" means an mvestor-owned transmission and d1str1but1on utility as 
defined m the Mame Revised Statutes, Title 35-A, sect10n 3104, subsection 1, 
paragraph A 
C "Eligible cannabis busmess customer" means an entity that 
(1) Is an eligible customer, 
(2) Is engaged m cannabis-related busmess act1v1ty authorized under Title 22, 
chapter 558-C or Title 28-B, chapter 1, and 
(3) W 111 not receive a payment under Resolve 2021, chapter 16 8 because the entity 
was engaged m cannabis-related act1v1ty pursuant to Title 22, chapter 558-C or 
Title 28-B, chapter 1 
D "Ehg1ble customer" means an entity that durmg the month of February 2022 was a 
medmm commercial customer of a covered utility takmg standard-offer service 
E "Medmm commercial customer" means a nonres1dent1al customer of a covered 
utility that takes service under a core customer class electric delivery rate schedule of 
the covered utility 
COMMITTEE AMENDMENT 
~os 
COiv1MITTEE AMENDMENT "A "to SP 678, L D 1691 
(1) That mcludes a demand charge, and 
(2) In which the customer's maximum demand may not exceed 500 kilowatts or 
the kilowatt break-pomt stated m the covered utility's applicable electnc delivery 
rate schedule that 1s closest to, but does not exceed, 500 kilowatts 
F "Office" means the Department of Admm1strative and Fmanc1al Services, office of 
cannabis policy 
G "Per tier payment amount" means the payment amounts set by the Department of 
Economic and Commumty Development pursuant to Resolve 2021, chapter 168, 
section 5 for eligible customers 
H "Standard-offer service" means the service provided accordmg to the Mame Revised 
Statutes, Title 35-A, section 3212 
2. Identdication of ebg1ble customers. By November 1, 2023, each covered utility 
shall 1dent1fy which of its customers are eligible customers and for each eligible customer 
shall report to the office the name and busmess address of the customer and the kilowatts 
billed to the customer on the monthly mv01ce most closely correspondmg to the month of 
February 2022 
3. Identification of ehg1ble cannabis busmess customers By November 15, 2023, 
the office shall determme which of the eligible customers mcluded on the report from each 
covered utility under subsect1011 2 are eligible cannabis busmess customers and shall, 
notw1thstandmg Title 22, sect10n 2425-A, subsection 12, send a list to the commission of 
the eligible cannabis busmess customers and the kilowatts billed to the customers on the 
monthly mv01ces most closely correspondmg to the month of February 2022 as reported 
by each covered utility under subsection 2 
4. Comm1ss1on verification. By December 15, 2023, the comm1ss10n shall venfy to 
the office, for each ehg1ble cannabis busmess customer, the kilowatts billed on the monthly 
mvo1ce most closely correspondmg to the month of February 2022 as reported by each 
covered ut1hty under subsect10n 2 
5. Energy rate relief payment calculation. By January 15, 2024, the office shall 
calculate the per tier payment amount due each ehg1ble cannabis busmess customer and the 
total amount of payments to eligible cannabis busmess customers to be credited by each 
covered utihty 
Transfer to covered ut1bty. By February 15, 2024, the office shall transfer from 
the Medical Use of Cannabis Fund under Title 22, section 2430 and the Adult Use Cannabis 
Pubhc Health and Safety and Mumc1pal Opt-m Fund under Title 28-B, section 1101, as 
appropnate, to each covered utility the total amount due to be credited to ehg1ble cannabis 
busmess customers of the covered utility 
7. Energy rate relief payments by covered ut1ht1es; report; funds returned. By 
March 1, 2024, each covered utility shall credit to the account of each ehg1ble cannabis 
busmess customer the amount of rehef payment to which the ehg1ble cannabis busmess 
customer 1s entitled under subsection 5 unless the ehg1ble customer 1s no longer a customer 
of the ut1hty By March 30, 2024, each covered utility shall report to the office the total 
amount of rehef payments apphed to ehg1ble cannabis busmess customer accounts and the 
total number of ehg1ble cannabis busmess customers who received an account credit Any 
money that a covered utility did not credit to an ehg1ble cannabis busmess customer by 
COMMITTEE AMENDMENT 
.,,...-4 
i6S 
COMMITIEE AMENDMENT" ft" to S P 678, L D 1691 
March 1, 2024 must be returned to the office The office shall return the money to the 
Medical Use of Cannabis Fund under Title 22, section 2430 or the Adult Use Cannabis 
Pubhc Health and Safety and Mumcipal Opt-m Fund under Title 28-B, section 1101, as 
appropriate 
8. Report. By April 15, 2024, the office shall submit a report to the Jomt Standmg 
Committee on Veterans and Legal Affarrs hstmg the number of eligible cannabis busmess 
customers, under the Mame Medical Use of Cannabis Act and the number of eligible 
cannabis busmess customers under the Cannabis Legahzat10n Act, the per tier payment 
amount made to each tier of customers and the number of eligible cannabis busmess 
customers m each tier 
Sec. 7. 
Appropr1at1ons and allocations. The followmg appropriations and 
allocations are made 
AD1\11NISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Medical Use of Cannabis Fund Z265 
Imtlative Provides fundmg for 7 Field Investigator posit10ns, 2 Field Investigator 
Supervisor posit10ns and associated All Other costs 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2023-24 
000 
$735,528 
$211,869 
$947,397 
2024-25 
000 
$1,014,268 
$211,869 
$1,226,137 
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or sect10n 
number to read consecutively 
SUMMARY 
This amendment, which is the unammous report of the committee, replaces the bill It 
waives the annual registration fee for registered caregivers who were compliant with the 
Mame Revised Statutes, Title 22, chapter 5 5 8-C m the previous year The amendment 
requrres that a cannabis busmess otherwise eligible for fmancial rehef from the State but 
not provided the fmancial relief because the busmess was engaged m a cannabis-related 
activity receive the fmancial relief from either the Medical Use of Cannabis Fund or the 
Adult Use Cannabis Pubhc Health and Safety and Mumcipal Opt-m Fund This amendment 
provides that the sales tax exemption for products used m commercial agriculture 
product10n also applies to the production of cannabis The amendment provides financial 
rehefto cannabis busmesses that would have been eligible for energy rate relief payments 
under Resolve 2021, chapter 168 but for the nature of the busmesses 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/21/23 ;'tPae 
LO 1691 
LR 1925(02) 
An Act to Provide Parity in State Energy Rate Relief Payments and Tax Exemptions for Mame 
Cannabis Busmesses 
Fiscal Note for Bill as Amended by Comllllttee Amendment ''A' { 5. t.j'2,i3 
Committee: Veterans and Legal Affairs 
Net Cost (Savmgs) 
General Fund 
'ppropnations/ Allocations 
Genet al Fund 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Reqmred: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
Pro1ect1ons 
FY 2025-26 
Pr0Ject1ons 
FY 2026-27 
$947,397 
$1,226,137 
$1,260,853 
$1,296,758 
$947,397 
$1,226,137 
$1,260,853 
$1,296,758 
($1,572,236) 
($1,572,236) 
($1,572,236) 
($1,572,236) 
This bill waives annual reg1strat10n fees for registered caregivers m the medical cannabis program 1f the Office of 
Cannabis Policy (OCP) has deemed them compliant with applicable rules and regulations and they received an annual 
mspect10n m the pnor year The bill also provides that cannabis busmesses, which were otherwise eligible for 
financial energy rate rehefprov1ded as a result of Resolve 2021, c 168 but were not provided the rehefbecause the 
busmess was engaged m a cannabis-related activity, are entitled to receive the financial rehef they would have 
received with fundmg transferred from the Medical Use of Cannabis Fund (Medical Use Fund) or the Adult Use 
Cannabis Public Health and Safety and Mumc1pal Opt-m Fund (Adult Use Fund) 
The OCP has mdicated that at current staffing levels, annual mspect10ns of registered caregivers occur once every 2 to 
yeaIS and that add1t10nal staffing and resources will be required to mcrease the frequency of mspect10ns to an annual 
basis The bill mcludes ongomg General Fund appropnat10ns of $947,397 beginmng m fiscal year 2023-24 for 7 Field 
Investigator pos1t10ns, 2 Field Investigator Supervisor pos1t1ons and associated All Other costs These pos1t10ns are 
not funded by allocat10ns from the Medical Fund as mcreased mspectlons will mcrease the number of caregivers 
eligible to receive waived annual reg1strat10n fees, which will reduce revenue to the Medical Use Fund by $1,572,236 
beginnmg m fiscal year 2023-24 
C #1-(S·'"lt.~ 
It is estnnated that roughly 2,311 medical cannabis busmesses and 258 adult use cannabis busmesses would be 
eligible to receive the energy rate rehef proposed m this bill Under Resolve 2021, c 168, the average rehef payment 
was $2,398 Usmg this average, the estimated transfer from the Medical Use Fund will be $5,541,778 and the 
estimated transfer from the Adult Use Fund will be $618,684 Without addit10nal mformatton from utthty providers 
an exact estimate is unable to be completed at this time It is noted that the large transfer from the Medical Use Fun<.i. 
may Jeopardize its mtended use as fundmg for the Office of Cannabis Pohcy 
Addmg cannabis to the defimt10n of commercial agncultural product10n associated with the sales tax refund on 
depreciable machmery and eqmpment will reduce General Fund revenue by mmor amounts