An Act to Address the
Maine Legislature, Session 132, LD 0912
Committee Amendment CA_A_S67 (Senate)
Amends: 35-A MRSA §102

COMMITTEE AMENDMENT "A " to S.P. 402, L.D. 912, "An Act to Address the
Use of Electricity by Data Centers"
Amend the bill by striking out the title and substituting the following:
'An Act to Limit the Amount of Electricity That May Be Provided to Data Centers on
a Certain Commercial or Industrial Site'
Amend the bill by inserting after the title and before the enacting clause the following;
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, economic development in certain areas of the State requires ensuring that
energy resources are available to a variety of employers and industries; and
Whereas, this legislation is immediately necessary to ensure that local sources of
electricity generation are not monopolized by data centers; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaniiig 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,'
Amend the bill by striking out everything after the enacting clause and inserting tire
following;
'See. 1. 35-A MRSA §102, sub-§20-B, ^|B, as enacted by PL 2019, c, 205, §2, is
amended to read;
B. The entity's tenants; w
Sec. 2. 35-A MRSA §102, sub-§20"B, <|[C, as enacted by PL 2019, c. 205, §2, is
repealed and the following enacted in its place;
C, Commercial or industrial consumers located on the DroDertv where tlie entity is
located or on abuttmg propei-tyLor
COMMITTEE AMENDMENT
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COMMI'ITEE AMENDMENT " /4-" lo S.P, '102, L.D. 912
ENT" A" I
Sec. 3. 35-A MRSA §102, sub-§20-B» ^D is enacted to read:
D. Commercial or industrial consumers located on a commercial or industrial site
within the control area of the New England independent system operator and located
in a municipality north of the Town of Chester that was served by the enfih'or its
predecessor without nsinR the transinission and distribution plant of a public utility
prior to December 31, 2018, The exception under this paragraph does n6t apply if
more than 25% of the nameulate caoacitv of the entity is used to serve data centers
located on the commercial or industrial site. For (he purposes of this paragraph, "data
center" means any facility in the State, which may be a freestandifiR stfucture 6r a
facility within a lareer structure, that orimarilv contains elecd'onic eauiDinent used lo
process, store and transmit digital information' that uses environmental control
ecLumment to maintain the proper conditions for the oReralion of electronic eauiDment,'
Amend the bill by adding before the summary the following:
'Emergency clause. In view of the emergency cited in tlie preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces (lie bill, changes the title and adds an emergency preamble
and emergency clause. It amends an existing statutory exception to the definition of
"transmission and distribution utility" for certain entities on commercial or industrial sites
to provide tliat an entity that otherwise would qualify for the exception must be located
within the control area of the New England independent system operator in a municipality
north of the Town of Chester and may not use more than 25% of its nameplate capacity to
serve data centers located on the commercial or industrial site,
COMMITTEE AMENDMENT