An Act to Amend the Calculation of Tariff Rates and Billing Credits Under Net Energy Billing
Maine Legislature, Session 131, LD 1465
Committee Amendment CA_A_S531 (Senate)
Amends: 35-A MRSA §3209-B

COMMITTEE AMENDMENT "Q- " to S.P. 584, L.D. 1465, "An Act to Amend the
Calculation of Tariff Rates and Billing Credits Under Net Energy Billing"
Amend the bill by striking out the title and substituting the following:
'An Act to Allow the Public Utilities Commission to Determine Tariff Rates Under
Net Energy Billing'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 35-A MRSA §3209-B, sub-§5, as amended by PL 2021, c.659, §19, is
further amended to read:
5. Tariff rate; bill credits. The commission shall establish by rule tariff rates for
customers participating in the program. The initial tariff rate must be established no later
than December 1, 2019.
A. r0&e Except as otherwise provided by the commission pursuant to subsection 9. the
tariff rate for a customer participating in net energy billing with a distributed generation
resource described in this paragraph must equal the standard-offer service rate
established under section 3212 that is applicable to the customer receiving the credit
plus 75% of the effective transmission and distribution rate for the rate class that
includes the smallest commercial customers of the investor-owned transmission and
distribution utility. The tariff rate under this paragraph applies to net energy billing
with a distributed generation resource:
(1) With a nameplate capacity of greater than one megawatt if:
(a) The entity developing the distributed generation resource certifies by
affidavit with accompanying documentation to the commission that the entity,
before September 1, 2022, commenced on-site physical work of a significant
nature on the distributed generation resource and the entity has made and will
continue to make continuous on-site construction efforts to advance toward
completion of the distributed generation resource. For the purpose of this
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S.P. 584, L.D. 1465 (^ 53?
paragraph, continuous on-site construction efforts include, but are not limited
to, in the context of a solar facility, the continuous installation of racks or other
structures to affix photovoltaic panels, collectors or solar cells to a site. The
commission may share information contained in the affidavit submitted in
accordance with this paragraph with a transmission and distribution utility, as
necessary, to verify a distributed generation resource's compliance with this
section. In administering this subsection, the commission may adopt rules
including, but not limited to, requiring the entity that submits a sworn affidavit
under this subparagraph to provide updated documentation to the commission
after submission of the affidavit; or
(b) The distributed generation resource is collocated with a net energy billing
customer that is or net energy billing customers that are subscribed to at least
50% of the facility's output; or
(2) With a nameplate capacity of one megawatt or less.
A-l. The Except as otherwise provided by the commission pursuant to subsection 9.
the tariff rate for a customer participating in net energy billing under this section with
a distributed generation resource not governed by paragraph A must:
(1) In 2022, equal the standard-offer service rate established pursuant to section
3212 that was applicable to the rate class of the customer receiving the credit on
December 31, 2020 plus 75% of the effective transmission and distribution rate
that was in effect on December 31,2020 for the rate class that includes the smallest
commercial customers of the investor-owned transmission and distribution utility;
and
(2) Increase by 2.25% on January 1 st of each subsequent year, beginning January
1,2023,
B. A customer participating in the program must receive for electricity delivered to
the electric grid from a distributed generation resource in which the customer has a
fmancial interest a bill credit based on the tariff rate to apply against the costs of
electricity delivered to the customer by the investor-owned transmission and
distribution utility.
C. A bill credit under the program as described in paragraph B may be applied to any
portion of a customer's electricity bill. Credits that remain unused at the end of any
billing period may be carried forward for up to one year from the end of that billing
period.
D. A customer participating in the program who remains eligible to participate in tfae
6 program must be allowed to receive a bill credit based on the tariff rate for a period of
no less than 20 years from the date of first receiving the credit.
8 Sec. 2. 35-A MRSA §3209-B, sub-§9 is enacted to read:
9. Review of compensation; rules. Notwithstanding any provision of this section to
the contrary, the commission may periodically review andalter by rule the amount of
compensation, whichjnay inclydea bilLcreditbasecLon the tariff rate, that a customer with
a fmancial interest in a distributed generation resource receives as a result of participating
in net energy billine under this section. In making any alteration under this subsection, the
commission shall use a standard or representative distributed eeneration resource to assess
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " & " to S.P. 584, L.D, 1465
-&.
'1 the amount of compensation provided in accordance with subsection 5 and shall ensure that
anv_alteration provides a reasonable opportunity for the recovery of reasonable costs, as
determined by the commission. and a reasonable rate of return. The commission may not
increase any compensation above the lowest amount that would be received under this
section absent this subsection. Rules adopted pursuant to this subsection are major
substantive rules as defined in TitleJ, chapter 3 75^nbchaBter 2-A,'
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and changes the title. The amendment provides that
the Public Utilities Commission may periodically review and alter, by major substantive
mle, the amount of compensation that a customer with a financial interest in a distributed
generation resource receives as a result of participating in the tariff rate net energy billing
program under the Maine Revised Statutes, Title 35-A, section 3209-B.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/01/24 ^K?c*-
LD 1465 LR 1597(02)
An Act to Amend the Calculation of Tariff Rates and Billing Credits Under Net Energy Billing
Fiscal Note for Bill as Amended by Committee Amendment "^•'/',^$,2J|
Committee: Energy, Utilities and Technology
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Public Utilities Commission to adopt the changes in this bill are expected to be minor and
can be absorbed within existing budgeted resources.
LR1597(02) - Fiscal Note - Page 1 of 1