An Act Makit1g Certain Appropriations and Allocations and Changing Certain
Maine Legislature, Session 132, LD 0609
Committee Amendment CA_A_HA_H_H23 (House)
Amends: 26 MRSA §1304, 35-A MRSA §3209-A, 35-A MRSA §3209-B, 35-A MRSA §3209-C, 35-A MRSA §3209-D, 35-A MRSA §3209-E, 35-A MRSA §3209-F, 35-A MRSA §3214, 35-A MRSA §3623, 36 MRSA §655, 36 MRSA §656, 36 MRSA §1760

HOUSE AMENDMENT" l-\ 
to COMMITTEE AMENDMENT "N
to H.P. 377, 
L.D. 609, "An Act Makit1g Certain Appropriations and Allocations and Changing Certain 
Provisions of Law Necessary to the Prope1· Operations of State Govemmenf' 
Amend the amendment by inserting after Part TT the following: 
'PARTUU 
Sec. UU-1. 26 MRSA §1304, sub-§1-A, as enacted by PL 2021, c. 705, §2, is 
amended by amending the first blocked paragraph to read: 
11Assisted project
does not include a project for which the Public Utilities Commission 
approved a term sheet or contract or othetwise provided project~specific authorization or 
approval pursuant to Title 35-A on or before June 29, 2021 or a project that is participating 
in net ene1·gy billing and that meets the requiren'lents of Title 35 A, section 3209 A, 
subseetios 7 01· Title 35 A, section 3209 B. 
Sec, UU-2. 35-A MRSA §3209-A, as amended by PL 2023, c. 230, § 1 and c. 411, 
§2, is repealed. 
Sec, UU-3, 35-A MRSA §3209-B, as amended by PL 2023, c. 411, §§3 and 4, is 
repealed. 
Sec. UU-4. 35-A MRSA §3209-C, as co1·rected by RR 2023, c. ·2, Pt. A, §55, is 
repealed. 
Sec, UU-5, 35-A MRSA §3209-D, sub-§1, 1A, as enacted by PL 2023, c, 411, 
§6, is repealed and the following enacted in its place: 
A. 
11Distributed generation resomce" means an electric genernting facility that uses a 
t'enewable fuel or technology unde1· section 3210. subsection 2. paragraph B-3, is 
located in the service tel'l'ito1:y of a trnnsmission and distl'ibution utility in the State. has 
a nameplate capacity of at least one megawatt and not more than 2 megawatts and: 
(l) Is a member of a cluster study conducted by the transmission and distdbution 
utility with which the distributed generation resource is seeking to inte1·connect; or 
(2) Received required transmission approval from the New England independent 
system operntor on 01· before April 30. 2024. 
Page I - 132LR1775(18) 
HOUSE AMENDMENT 
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HOUSE AMENDMENT" H "to COMMITTEE AMENDMENT "A" to H.P. 377, L.D. 609 
Sec. UU-6. 35-A MRSA §3209-D, sub-§5, as enacted by PL 2023, c. 411, §6, is 
repealed. 
Sec. UU-7, 35-A MRSA §3209-E, as enacted by PL 2023, c. 411, § 7, is repealed. 
Sec, UU-8, 35-A MRSA §3209-F is enacted to read: 
§3209-F, Net ener•gy billing regulrement prohibited 
The commission may not by mle or order require a trnnsmission and distribution utility 
to allow a customer to participate in net energy billing. For the purposes of this section. 
"net energy billing" means a billing and metering practice under which a customer of a 
tt·ansmission and distribution utility has the ability to receive a bill credit or other 
adjustment of the customer's transmission and distl'ibution service bill by delivering 
electricity to the transmission and distribution utility from an electric genernting facility 
owned or operated by that customer or in which that customer has a financial interest that 
is located in the service territ01y of the trnnsmission and distribution utility in the State. 
Sec, UU-9. 35-A MRSA §3214, sub-§2, 1-8, as amended by PL 2023, c. 230, §2, 
is further amended to read: 
B. Set initial funding for progrnms based on an assessment of aggregate customer need 
in periodic rate cases. The funding formula may not result in assistance being counted 
as income or as a resomce in other means-tested assistance programs for low-income 
households, To the extent possible, assistance must be provided in a manner most 
likely to prevent the loss of other federal assistance~.,_ 
Sec. UU-10. 35-A MRSA §3214, sub-§2, 1C, as enacted by PL 2023, c. 230, §2, 
is repealed. 
Sec, UU-11, 35-~ MRSA §3623, sub-§3, ,re, as enacted by PL 2021, c. 604, §3, 
is amended to read: 
C. Satisfy the limits on net generating capacity established in subsection 2, paragrnph 
A; and 
Sec. UU-12. 35-A MRSA §3623, sub-§3, ~' as amended by PL 2023, c. 353, 
§S, is further amended to read: 
D. Be highly efficient, as dete1·mined by the commission on a technology-specific 
basis~.,_ 
Sec. UU-13. 35-A MRSA §3623, sub-§3, ,iE, as enacted by PL 2021, c, 604, §3, 
is repealed. 
Sec. UU-14. 36 MRSA §655, sub-§1, ,rv, as enacted by PL 2023, c, 682, §3, is 
amended to read: 
V. Fo1· property tax years beginning on or after April 1, 202S, solar energy equipment 
that generates heat or electricity ift all of the enet·gy is used on the site where the 
property is located. 
(1) All of the enel'gy is used on the site 1Nhero tho prepel'ty is loc-afedt 
HOUSE AMENDMENT 
HOUSE AMENDMENT"\-,\" to COMMITTEE AMENDMENT "A" to H.P. 377, L.D. 609 
l 
(2) The equipment is oollooated with a net energy billing eustomer that is or net 
energy billing oustomers that are subseribed to at least 50% of the facility's output; 
et' 
(3) All of the energy is tmnsmitted through the faeilities of a transmission and 
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utstrttJUtlon utHt)' anu a 1.1tt tty oustome11 01· oustomOl'S reoewe a ut11ty tJI ereu1 
fut· the energy genemted by the equipment purs\:lant to Title 35 A, section 3209 A 
01· 3209 B and the genetatol' of eleotl'ioity entered into a fully eueeuted 
interconnection agl'eement with a trans1nission and dish·ibution utility pi'io1· to J1.1ne 
1, 2024. 
On 01· before Apl'il 1st of the first property tax year for which a taxpaye1· claims an 
exemption under this paragrnph, the taxpayet· claiming the exemption shall file a report 
with the assessor. The report must identify the property for which the exemption is 
claimed and must be made on a form prescdbed by the State Tax Assessor or a 
substitute form approved by the State Tax Assessor. The State Tax Assessor shall 
furnish copies of the fot·m to each municipality in the State and make the forms 
available to taxpayers. 
Sec, UU-15, 36 MRSA §656, sub-§1, ~, as enacted by PL 2023, c. 682, §5, is 
amended to read: 
L. For property tax yeal's beginning on 01· after Apl'il 1, 2025, solar energy equipment 
that generates heat or electricity if+ all of the energy is used on the site whe1·e the 
property is located. 
(1) All of the e1-1et·gy is used on the site where the pl'Ope1·ty is loeateaj 
(2) The equipment is eolloeated with a net enel'gy billing eustomer that is or net 
enet·gy billing oustomel's that are subsoribed to at least 50% of tlte faoility's output; 
& 
(3) AH of the ene1·gy is transmitted thrnugh the faeilities of a transmission and 
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utstrwutlon ut11ty anu a ut11ty oustomer 01· oustome1·s reoer1e a ut11ty tJl 01·eu1t 
for the enel'gy genernted by the equipment pursuant to Title 35 A, seetion 3209 A 
m· 3209 B and the generato1· of electricity entered into a fully ex:eouted 
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mte1'0011neot10n agreement w1h1 a tt·ansm1ss1on anu u1sh'ltJ1.1tton ut11ty p1·101· to ~uHe 
1, 2024. 
On 01· before April 1st of the first property tax yea1· for which a taxpayer claims an 
exemption under this paragraph, the taxpayer claiming the exemption shall file a report 
with the assessor. The repoti must identify the property for which the exemption is 
claimed and must be made 011 a form prescribed by the State Tax Assessor or a 
substitute form approved by the State Tax Assessor. The State Tax Assessor shall 
fumish copies of the form to each municipality in the State and make the forms 
available to taxpayers. 
Sec, UU-16, 36 MRSA §1760, sub-§80, as enacted by PL 1999, c. 286, §1, is 
repealed.' 
Amend the amendment by relettering 01· l'enumbering any nonconsecutive Part letter or 
section number to read consecutively, 
HOUSE AMENDMENT 
HOUSE AMENDMENT 11 \-\" to COMMITTEE AMENDMENT "A" to H.P. 377, L.D. 609 
SUMMARY 
This Pal't repeals the laws that authorize the Public Utilities Commission to adopt rules 
goveming net energy ~illing and that direct the commission to establish a net energy billing 
program for commercial and institutional customers of investor-owned transmission and 
distribution utilities. It prohibits the commission from adopting rules that require a 
transmission and distribution utility to allow a custome1· to paiticipate in net energy billing. 
The Part also amends the laws that reference the net enel'gy billing programs repealed by 
this Part, including 1·epealing the provisions of law that provide for real estate and personal 
prnpe1ty tax exemptions for solar energy equipment used in connection with net energy 
billing customers. 
SPONSOREDBY: Lo,~ DID'<>j 
(Representative LIBBY, L,) 
TOWN: Aubum 
FISCAL NOTE REQUIRED 
(See •HM!ltd) 
HOUSE AMENDMENT 
Approved: 03/18/25 L-RL-
LD609 
LR 1775(18) 
An Act Making Certain Appropriations and Allocations and Changing-Certain Provisions of Law 
Necessary to the Proper Operations of State Government 
Fiscal Note fo1· House Amendment 'I{' to Commi~tee Amendment" A" 
Sponsor: Rep. Libby of Auburn 
Fiscal Note Required: No 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Public Utilities Commission from the provisions of this amendment are expected to be 
minor and can be absorbed within existing budgeted resources, 
LR1775(18) - Fiscal Note - Page 1 of 1