An Act to Clarify Tariff Rates for Nonresidential Customers Participating in
Maine Legislature, Session 132, LD 1777
Committee Amendment CA_A_HA_A_H779 (House)
Amends: 35-A MRSA §3209-A, 35-A MRSA §3209-B

HOUSE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 1188, 
L.D. 1777, "An Act to Clarify Tariff Rates for Nonresidential Customers Participating in 
Net Energy Billing with a Distributed Generation Resource" 
Amend the amendment by striking out all of section 1. 
Amend the amendment in section 2 in subsection 2-A in the 2nd line (page 1, line 22 
in amendment) by striking out the following: "include an" and inserting the following: 
'include a delivery period' 
Amend the amendment by striking out all of sections 3 and 4 and inserting the 
following: 
'Sec. 3. 35-A MRSA §3209-A, sub-§10 is enacted to read: 
10. Applicability; net energy billing agreement. After December 31, 2025, the 
commission may not allow a transmission and distribution utility to enter into a net energy 
billing agreement with a distributed generation resource that is interconnected or planned 
to be interconnected to the distribution grid on the utility side of a customer's utility meter. 
Sec. 4. 35-A MRSA §3209-A, sub-§11 is enacted to read: 
11. Distributed energy resource program. Notwithstanding any provision of this 
section to the contrary, after December 31, 2025, the commission may not allow a 
transmission and distribution utility to enter into a net energy billing agreement with a 
distributed generation resource that is interconnected or planned to be interconnected to the 
distribution grid on the utility side of a customer's utility meter.' 
Amend the amendment in section 5 in subsection 5 in paragraph A-2 in subparagraph 
(2) by striking out all of division (a) (page 3, lines 15 to 20 in amendment) and inserting 
the following: 
'(a) Equal the tariff rate established by the commission pursuant to paragraph 
. A that was a1mlicable in 2025 to the rate class of the customer receiving the 
credit: and' 
Amend the amendment by striking out all of section 7 and inserting the following: 
'Sec. 7. 35-A MRSA §3209-B, sub-§9 is enacted to read: 
HOUSE AMENDMENT 
HOUSEAMENDMENT"A "toCO:MMITTEEAMENDMENT"A"toH.P.1188,L.D.1777 
9. Distributed energy resource program. Notwithstanding any provision of this 
section to the contrary, after December 31, 2025, the commission may not allow a 
transmission and distribution utility to enter into a net energy billing agreement with a 
distributed generation resource that is interconnected or planned to be interconnected to the 
distribution grid on the utility side of a customer's utility meter.' 
Amend the amendment by striking out all of section 13 and inserting the following: 
'Sec. 13. 35-A MR.SA §3209-1 is enacted to read: 
§3209-1. Front of meter distributed energy resource program 
1. Front of meter distributed energy resource defined. As used in this section, "front 
of the meter distributed energy resource" means an electric generating facility that uses a 
renewable fuel or technology under section 3210, subsection 2, paragraph B-3, is located 
in the service territory of a transmission and distribution utility in the State and is 
interconnected to the distribution grid on the utility side of a customer's utility meter. 
2. Program design; implementation. The Governor's Energy Office shall design a 
program or programs to encourage the development of front of the meter distributed energy 
resources in the State and submit the proposed program or programs to the commission. If 
the commission finds that a program or programs proposed by the office provide benefits 
to ratepayers in the State in excess of the costs to ratepayers, the commission shall by rule 
implement the program or programs. 
3. Rules. The commission may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
Amend the amendment in section 15 in the first paragraph in the 5th line (page 7, line 
in amendment) by inserting after the following: "proposed" the following: 'front of the 
meter' 
Amend the amendment in section 15 in the first paragraph in the 6th line (page 7, line 
in amendment) by inserting after the following: "for" the following: 'front of the meter' 
Amend the amendment in section 15 in the first paragraph in the 2nd to last line (page 
7, line 30 in amendment) by striking out the following: "section, "distributed" and inserting 
the following: 'section, "front of the meter distributed' 
Amend the amendment in section 16 by striking out all of subsection 4 (page 8, lines 
and 37 in amendment) and inserting the following: 
'4. Prohibit participation in more than one net energy billing agreement pursuant to 
Title 35-A, section 3209-A, subsection 3 per residential account simultaneously.' 
5 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
8 
This amendment amends Committee Amendment "A" by removing the definition of 
"mechanical completion." The amendment clarifies the meaning of "end date" in the 
provision regarding net energy billing term lengths. It changes the applicability of the 
kilowatt-hour credit net energy billing program from mechanically complete resources on 
HOUSE AMENDMENT 
·R·OS 
HOUSE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 1188, L.D. 1777 
June 1, 2026 to those resources with a net energy billing agreement on December 31, 2025 
and changes other applicability dates to December 31, 2025 accordingly. The amendment 
clarifies the new tariff rate for projects of less than 3 megawatts. The amendment clarifies 
the definition of 
II front of the meter distributed energy resource. 
The amendment clarifies 
the application of consumer protections from one net energy billing agreement per 
residential customer to one agreement per residential account. 
SPONSORED BY: ----'~\'--~,.__,"-
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(Representative WARR.EN, S.) 
TOWN: Scarborough 
FISCAL NOTE REQUIRED 
(See attached) 
HOUSE AMENDMENT 
Approved: 06/17/25 L-RL-
LD 1777 
LR 2335(04) 
An Act to Clarify Tariff Rates for Nonresidential Customers Participating in Net Energy Billing with 
a Distributed Generation Resource 
Fiscal Note for House Amendment 1t' to Committee Amendment'~' {H-779) 
Sponsor: Rep. Warren of Scarborough 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Public Utilities Co1mnission from the provisions of this amendment are expected to be 
minor and can be absorbed within existing budgeted resources. 
LR2335(04) - Fiscal Note - Page 1 of 1