An Act Regarding the
Maine Legislature, Session 132, LD 0897
Committee Amendment CA_B_S572 (Senate)
Amends: 35-A MRSA §3149

COMMITTEE AMENDMENT "g » to S.P. 3 86, L,D. 897, "An Act Regarding the
Calculation of Electric Rate Contracting Costs"
Amend the bill by striking out the title and substituting the following;
'An Act Regarding Required Negative Pricing Provisions in Contracts for Energy
Resulting from Competitive Solicitations Conducted by the Public Utilities
Commission'
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, Public Law 2025, chapter 3 92 was enacted as an emergency measure during
the First Special Session of the 132nd Legislature and requires the Public Utilities
Commission to include provisions governing negative pricing in contracts for energy
resulting from competitive solicitations conducted by the commission; and
Whereas, those provisions are inconsistent with similar negative pricing provisions
adopted by other New England states and do not ensure that there is a mechanism in these
contracts to reduce post-restructuring stranded costs, and therefore, they do not achieve the
result they were intended to achieve; and
Whereas, it is critically important that Mahw citizens have continued access to low"
cost, locally generated power through the timely procurement of long-term contracts
administered by the commission and that these contracts include provisions to reduce post-
restructuring stranded costs during periods of negative pricing; and
Whereas, in the judgment of tlie Legislature, these facts create an emergency within
tlie meaning of the Constitution of Maine and require the following legislation as
immediately necessary for tlie preservation of the public peace, health and safety; now,
therefore;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "3 " to S,P.386. L.D, 897(
Amend the bill by striking out eveiything after the enacting clause and inserting the
following;
'See. 1. 35-A MRSA §3149, first % as enacted by PL 2025, c. 392, § 1, is amended
to read:
The commission may not approve a contract for energy resulting from a competitive
solicitation conducted by the commission under this Title unless the contract includes a
provision that requires the reduction of payments to the bidder under the contract by the
stranded costs arising from energy preAwedt absolute value of the applicable negative price
multiplied by the enerpv produced and delivered under tlie contract during negative price
intervals. The commission may grant an exception from the inclusion of such a negative
price provision if the bidder demonstrates good cause for the exception and the commission
finds that the contract is cost-effective, includes other price protections for ratepayers and
will avoid to the maximum extent possible the curtaihnent of existing renewable resource
generators,'
Amend the bill by adding before the summary the following:
"Emergency clause. In view of the emergency cited in the 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
Tliis amendment replaces the bill, whicli is a concept draft, and changes the title. It also
adds an emergency preamble and clause, The amendment changes the requirement for
contract provisions governing negative pricing in contracts for energy resulting from
competitive solicitations conducted by the commission by requiring the contract to include
a provision that requires tlie reduction of payments under the contract by the absolute value
of the applicable negative price multiplied by the energy produced and delivered under the
contract.
FISCAL NOTE REQUIRED
(See attached)
Page2-132LR1576(03)
COMMITTEE AMENDMENT
Approved; 03/09/26 t-KL.
LD 897 LR 1576(03)
An Act Regarding the Calculation of Electric Rate Contracting Costs
Fiscal Note for Bill as Amended by Committee Amendment '^
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 and
can be absorbed within existing budgeted resources,
LR1576(03) - Fiscal Note - Page 1 of I