An Act to Reform Net
Maine Legislature, Session 132, LD 1321
Committee Amendment CA_A_H675 (House)
Amends: 35-A MRSA §3209-A, 35-A MRSA §3209-B, 35-A MRSA §3209-F

COMMITTEE AMENDMENT «A "to H.P. 856, L.D. 1321, "An Act to Reform Net 
Energy Billing by Establishing Limitations on the Programs' Duration and Compensation" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 35-A MR.SA §3209-A, sub-§1, 1C, as enacted by PL 2019, c. 478, Pt. A, 
§3, is amended to read: 
C. "Net energy billing" means a billing and metering practice under which a customer 
is billed for supply charges on the basis of the difference between the kilowatt-hours 
delivered by a transmission and distribution utility to the customer over a billing period 
and the kilowatt-hours delivered by the customer to the transmission and distribution 
utility over the billing period, taking into account accumulated unused ldlowatt-hour 
credits from the previous billing period.' 
• 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 35-A MR.SA §3209-A, sub-§10 is enacted to read: 
10. Applicability to projects of more than 500 kilowatts; limitations for projects 
of 500 kilowatts or less. After November 1, 2025. unless the entity proposing the 
development of a distributed generation resource is granted a good-cause exemption due 
to external delays in accordance with subsection 7 or 9. a distributed generation resource 
may not be used for net energy billing under this section if the nameplate capacity of the 
distributed generation resource is more than 500 kilowatts. 
A. Notwithstanding any provision of this section to the contrary. the number of 
customers or meters is limited to IO for a shared financial interest in a distributed 
generation resource with a nameplate capacity of 500 kilowatts or less participating in 
net energy billing after November 1. 2025 pursuant to this section. 
B. A customer participating in net energy billing after November 1. 2025 with a 
distributed generation resource with a nameplate capacity of 500 kilowatts or less 
pursuant to this section may not, at one time, have a financial interest in more than 5 
distributed generation resources that have net energy billing arrangements.' 
COMMITTEE AMENDMENT 
~o<o 
COMM.ITTEEAM.END?vIBNT"A'toH.P. 856, L.D. 1321 
• 
Amend the bill by striking out all of section 5 and inserting the following: 
'Sec. 5. 35-A MRSA §3209-A, sub-§12 is enacted to read: 
12. Renewable energy credits; sale; retirement. If a project sponsor, owner of a 
distributed generation resource or other entity operating a distributed generation resource 
participating in net energy billing under this section sells the renewable energy credits 
generated by the distributed generation resource, the renewable energy credits must be sold 
and retired in the State.' 
Amend the bill by striking out all of section 9 and inserting the following: 
'Sec. 9, 35-A MRSA §3209-B, sub-§10 is enacted to read: 
10. Renewable energy credits; sale; retirement. If a project sponsor, owner of a 
distributed generation resource or other entity operating a distributed generation resource 
participating in the program sells the renewable energy credits generated by the distributed 
generation resource, the renewable energy credits must be sold and retired in the State. 
Sec. 10. 35-A MRSA §3209-F is enacted to read: 
§3209-F. Review of compensation; alteration 
1. Review of compensation. Notwithstanding the provisions of sections 3209-A and 
3209-B, the commission may periodically review and by ruie alter the amount of 
compensation that a customer with a financial interest in a distributed generation resource 
receives as a result of participating in net energy billing under section 3209-A or 3209-B. 
In making any alteration under this section, the commission shall use a standard or 
representative distributed generation resource to assess the amount of compensation 
provided under section 3209-A or 3209-B and shall ensure that any 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 section 3209-B. 
2. Alteration. Notwithstanding the provisions of sections 3209-A and 3209-B, the 
commission may modify by rule the reguirements under section 3209-A or 3209-B to the 
extent necessary to allow the State or a distributed generation resource participating in net 
energy billing under section 3209-A or 3209-B to gualify for federal grants or subsidies 
that benefit ratepayers in this State. 
3. Rules. Rules adopted pursuant to this section are major substantive rules as defined 
in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment does the following. 
1. It changes the definition of "net energy billing" in the Maine Revised Statutes, Title 
35-A, section 3209-A, subsection 1, paragraph C to provide that kilowatt-hour credits may 
be credited only to a customer's electricity supply charges. 
2. It changes the limitation on the kilowatt-hour credit net energy billing program to 
provide that, unless a distributed generation resource has met the timing requirements 
COMMITTEE AMENDMENT 
~o"=> 
COMMITTEE AMENDMENT •A" to H.P. 856, L.D. 1321 
established for participation in the program, after November 1, 2025, only distributed 
generation resources with a nameplate capacity of 500 kilowatts or less may be used for 
net energy billing instead of 20 kilowatts or less as in the bill. 
3. It clarifies that the limitations on the number of shared financial interest customers 
or meters and the number of distributed generation resources that have net energy billing 
arrange1-TI.ents in which a customer may have a financial interest apply to distributed 
generation resources with a nameplate capacity of 500 kilowatts or less after November 1, 
2025. 
4. It requires that if a project sponsor, owner of a distributed generation resource or 
other entity operating a distributed generation resource with a net energy billing 
arrangement sells renewable energy credits generated by the distributed generation 
resource, the renewable energy credits must be sold and retired in the State. 
5. It allows the Public Utilities Commission to periodically review and by rule alter the 
amount of compensation that a customer with a financial interest in a distributed generation 
resource may receive under the kilowatt-hour credit net energy billing and commercial and 
institutional net energy billing programs. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/25 LRL 
LD 1321 
LR 1649(02) 
An Act to Reform Net Energy Billing by Establishing Limitations on the Programs' Duration an~ 
Compensation 
Fiscal Note for Bill a.s Amended by Committee Amendment •ft: { J,{- ~ 7 
!J) 
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 from the provisions of this bill are expected to be minor 
can be absoi'bed within existing budgeted resources. 
LR1649(02) - Fiscal Note - Page 1 of 1