An Act to Facilitate Net Energy Billing
Maine Legislature, Session 131, LD 0417
Committee: Energy, Utilities and Technology
Sponsors: VITELLI, ZEIGLER
Amends: 35-A MRSA §3209-A

Legislative Document
No. 417
S.P. 198
In Senate, February 2, 2023
An Act to Facilitate Net Energy Billing
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Representative ZEIGLER of Montville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3209-A, sub-§1, ¶C-1 is enacted to read:
C-1.  "Net energy billing data" means customer information in the possession of a 
transmission and distribution utility that is necessary to conduct and administer a net 
energy billing arrangement, including but not limited to a customer's monthly 
electricity usage; rate and subrate classes; generated, applied or banked credits and 
related expiration dates; dollar value of charges offset by credits; credit rate per 
kilowatt-hour; participation in any other net energy billing or demand response 
program; energy production attributed to the customer; historical payment information; 
and other information as determined by rules adopted by the commission.
Sec. 2.  35-A MRSA §3209-A, sub-§5-A is enacted to read:
5-A.  Customer protection; energy assistance.  Notwithstanding any provision of law 
to the contrary, a customer's participation in a net energy billing arrangement and any 
credits received through such participation may not prevent a customer's qualification for 
or receipt of benefits from any energy conservation or energy assistance program 
administered by the Maine State Housing Authority or the Efficiency Maine Trust.
Sec. 3.  35-A MRSA §3209-A, sub-§9 is enacted to read:
9.  Utility data and crediting.  Net energy billing data is the property of the customer 
to which it relates. A customer may direct a transmission and distribution utility in writing 
to release net energy billing data to 3rd parties, including project sponsors, in order to 
administer a customer's net energy billing arrangement or to produce a consolidated bill so 
that the customer can easily understand the financial savings in a billing period resulting 
from the customer's participation in the net energy billing arrangement.  A transmission 
and distribution utility shall release the net energy billing data within 7 days of the date the 
net energy billing data is generated. In accordance with rules adopted by the commission, 
a transmission and distribution utility shall:
A.  Provide access by the customer to that customer's net energy billing data through 
an appropriate computer application or digital platform;
B.  When a customer is entering into a net energy billing arrangement with a project 
sponsor, provide confirmation of acceptance and implementation of the net energy 
billing arrangement to the customer and the project sponsor within 7 days of that 
acceptance;
C.  Apply unused net energy billing credits available from the oldest previous billing 
cycle to the customer's bill up to the full amount of the charges billed in that billing 
cycle before applying credits generated in the current billing cycle and newer unused 
credits; and
D.  Provide to a project sponsor, within 7 days after the end of a net energy billing 
cycle, the total energy production for the project, all net energy billing data necessary 
to implement all customers' net energy billing arrangements and any additional data 
that the commission may require by rule.
Sec. 4.  35-A MRSA §3209-A, sub-§10 is enacted to read:
10.  Billing errors.  A transmission and distribution utility shall correct any net energy 
billing errors made by the transmission and distribution utility within one billing cycle of 
the error and provide written confirmation to the customer and the project sponsor 
describing the error and what was done to correct the error. The commission may direct a 
transmission and distribution utility to pay to a customer any costs the commission finds to 
have been incurred by the customer as a direct result of that transmission and distribution 
utility's error.
Sec. 5.  35-A MRSA §3209-A, sub-§11 is enacted to read:
11.  Complaints.  The commission shall establish a process for receiving and 
responding to complaints from project sponsors related to transmission and distribution 
utility compliance with subsection 10.
SUMMARY
This bill establishes various requirements for transmission and distribution utilities to 
share information, handle billing and otherwise interact with customers and project 
sponsors in net energy billing arrangements. The bill requires the Public Utilities 
Commission to establish a complaint handling process for project sponsor complaints about 
transmission and distribution utility compliance with billing error requirements and 
provides that the commission may direct a transmission and distribution utility to pay costs 
resulting from billing errors.