An Act to Improve
Maine Legislature, Session 132, LD 1966
Committee Amendment CA_A_H930 (House)
Amends: 35-A MRSA §301-A, 35-A MRSA §3107, 35-A MRSA §3209-A, 35-A MRSA §3210-L

COMMITTEE AMENDMENT "/-^' to H,P. 1310, L.D. 1966, "An Act to Improve
Access to Community Solar Programs in'the State"
Amend the bill by striking out the title and substituting the following:
'An Act to Increase Disclosure of Utility Charges and Improve Access to Distributed
Generation Resources in the State'
Amend the bill by striking out everything after the enacting clause and mserting the
following:
'See. 1. 35-A MRSA §301-A is enacted to read:
S301-A. Administrative charee limitation
1. "Administrative charge" defined. "Administrative charee" means a fee or charee
for services that is added to the actual cost of materials or supplies or labor performed by
or on behalf of a transmission and distribution utiUtywith OYeL^O>QQO^customers and
chareed to a transmission and distribution utility customer for work funded directlv bv that
customer thiouRh a proposal. estimate, invoice or final accountinR for the cost of
mtercormection, line extensions or other work funded directly by the customer other than
charges for the customer's reeular electricity service. "Administrative charee" includes.
but is nQtlimited to. an administrative service charge, overhead costs, an indirect overhead
cost or a cost adder, "Administrative charee" does not include:
A. Expenses for a transmission and distribution utility emolovee's labor while directly
enpaRed in the work for which a customer is billed if the customer bill states that those
expenses are included in the cost of labor; or
B. Expenses related to the purchase, storage or deUverv of materials or supplies
incorporated into the work if the customer bill states that those expenses are included
in the cost of materials or supplies,
2. Administrative charee disclosure. A transmission and distribution utility with
over 50^000 customers shall disclose any administrative charges included in a customer bill
for work funded directly by that customer. If any line item m a customer bill mcludes an
COMMITTEE AMENDMENT
COMMHTEE AMENDMENT'/+ "toH.P. 1310, L.D. 1966
"
admimstrative charge, the customer bill must specifically identify the admmistratiye charge
and mclude a description of the charge. All admmistrative charpes must comolv with the
requirements of section 301. subsection 2 and any other apulicable provisions ofthis Title.
3. Violations. Iffhe commission finds that a transmission and distribution utility with
over 50.000 customers has violated any provision of this section or imriroperly assessed an
administrative charge, the commission may order the transmission_and distribution utiUtv
to refund aU or uart of the administrative charge paid by the customer.
4. Rules. The commission may adopt rules to implement this section. Rules adopted
by the commission pursuant to this subsection are routine technical mles as defined in Title
5, chapter 375. subchauter 2-A.
Sec. 2. 35-A MRSA §3107, sub-§2, as enacted by PL 2019, c. 88, §1 and
reallocated by KR 2019, c. 1, Pt. A, §49, is amended to read;
2. Consumer assistance. Require a customer bill issued by an mvestor-owned
transmission and distribution utility to display clearly and prominently the toll-free
telephone number for the commission's consumer assistance and safety division and a
statement of the consumer assistance services available by calling the division; and
Sec. 3. 35-A MRSA §3107, sub-§3, as enacted by PL 2019, c. 88, §1 and
reallocated by RR 2019, c. 1, Pt. A, §49, is amended to read:
3. Correction of misleading information. Establish a process by which, if the
commission finds that an investor-owned transmission and distribution utility has included
on customer bills, or inserts or attachments to customer bills, infomiation that is
misleading, deceptive or inaccurate, the transmission and distribution utility is required to
provide to customers a statement that corrects the misleading, deceptive or inaccurate
information fhat was disseminated. Upon request of the Public Advocate, the commission
shall investigate the truth and accuracy of information included on customer bills, or inserts
or attachments to customer billsT; and
Sec. 4. 35-A MRSA §3107, sub-§4 is enacted to read:
4, Expenses that may be recovered in rates: disclosure. If an investor-owned
transmission and distributionutilifr¥_does not include all expenses that may be recovered in
rates in a customer's delivery cost. prohibit the utility from labeling such expenses or any
combination thereof as public tiolicv charges or a substantially similar term on customer
bills. The mlesmust_reqmrethe investor-owned transmission and distribution utiUtv to
3 label such expenses or combination of expenses on customer bills in a wav that the
commission determines is obiective and assists customers in understanding these exoenses.
The commission shalLalso require, to the extent practicable without incurring additional
costs for ratepayers, an mvestor-owned transmission and distnbution utiUtv to include a
brief, objective description of each of the expenses that may be recovered in rates paid by
the customer or include a link to the utility's oublidv accessible website where a customer
may obtain an obiective descriotion of such expenses. For the purposes of this subsection,
"expenses that may be recovered in rates" means charges or costs paid by a customer, other
thanthQsechames or costs for electricity suoolv. delivery and transmission. mcludine. but
not limited to, charges or costs for energy efficiency programs and services. renewable
energy programs and low-income energy assistance programs.
Page2-132LR1838(02)
COMMITTEE AMENDMENT
COMMFTTEE AMENDMENT "/^-" to H.P. 1310, L.D. 1966
Sec. 5. 35-A MRSA §3209-A, sub-§12 is enacted to read:
12. Billine and disclosure standards. The commission shall adoDt rules to establish
billine and disclosure standards applicable to distributed eeneration resources with
customers who participate in a net energy billmp arrangement based upon a shared financial
interest in accordance with this section or section 3209-B. The rules must Jnclude
standardized methods for oresentine savings rates in a clear and consistent manner and
require the identification of all charges.
A violation of a biUing and disclosure standard adopted by the commission by rule in
accordance with this subsection is a violation of the Maiae Unfair Trade Practices Act.
Notwifhstandmg any provision of this section to the contrary. mles adopted by Jhe
commission pursuant to this subsection are routine technical rules as defined in Title 5.
chapter 375. subchaoter 2-A.
Sec. 6. 35-A MRSA §3210-L is enacted to read:
S3210-L. Renewable enerev procurement; low-mcome and moderate-income
consumer-owned projects
The commission shall direct investor-owned transmission and distribution utilities to
enter into one or more contracts for energy from eUeible projects in accordance with this
section.
1. Definitions. As used in this section, unless the context otherwise indicates, the
followme terms have the following meanings.
A. "Distributed generation resource" has the same meanine as in. section 3481.
subsection 5.
B. "Eligible project" means a distributed generation resource:
d) With a nameolate caoacitv of no more than 200 kilowatts:
(2) That serves only low-mcome customers and moderate-income households;
(3) That is wholly ownecLbv_its customer or customers or whoUv owned by a
cooperative corporation oreanized under Title 13. chapter 85:
(4) That provides discounts or payments to its customers to offset its customers'
electricity bills in a manner similar to customers receiving kilowatt-hour credits in
accordance with section 3209-A as determined by the commission:
(5) That is placed in service on or after August 1. 2026: and
(6) That is connected to the electric grid of an investor-owned transmission and
distribution utility in the State.
C. "Low-income customer" means a customer of a transmission and distribution utility
receiving benefits under the utility's program to assist low-income customers or a
6 customer who has qualified at any time in the prior 12-month oeriod to receive
assistance throueh any state or federal program in which low income or limited assets
8 are criteria for elieibilitv.
D. "Moderate-income household means a household in which grossincome does not
exceedl5Q% ofjhe median income of the county or metrouolitan statistical area in
which the household is located.
COMMIHEE AMENDMENT
COMMm-EE AMENDMENT "•/-+"' to H.P. 1310, L.D. 1966
E. "Renewable energy credit" has the same meaning as m section 3210. subsection 2.
paraeraoh B-2.
2. Competitive solicitation; orocurement, Bv Seotember 1. 2026. the commission
shall initiate a competitive solicitation in order to procure up to 4 meeawatts of energy from
one or more eligible tiroiects. The commission shall select an eliaible oroiect or eligible
projects for a contract or contracts under this section as exoeditiouslv as possibLe, takiue
into account a bidder's ability to receive federal grants or tax credits in connection with the
Operation of an eligible nroi ect.
A. The commission shall determine the value of kilowatt-hour credits received bv
customers of a distributed eeneration resource in accordance with section 3209-A at
the time of the comuetitive solicitation and require a bidder to state the bid wee of the
elipible project's energy as a_ percentage of that kilowatt-hour credit value over a
proposed contract length not to exceed 20 years.
B. Notwithstandmg any provision ofjhis Title to the contrarY, the commission shall
select an elieible project for a contract if:
d) At least one bid is received for an eligible project that meets the requirements
of this subsection; and
(2) The bid price for the eligible r>roi ect's energy is not greater than the credit value
determined by the commission in accordance with paraeraph A.
3. Contract award; terms. A contract entered into pursuant to this section must:
A. Be for a term of no more than 20 years:
B, Include provisions allowing for the commission to oeriodicallv increase the contract
orice to account for inflation, but only in an amount that the commission determines
necessary to ensure eligible project viability while minimizme impacts to rateuavers:
C. Include orovisions ensuring that an eligible proiect meets_the reguirementsjof this
section for the term of the contract;
D, Provide for the sharing of customer usage data and allocation and billing
information between the eligible project and the investor-owned transmission and
distribution utility in whose service territory the eligible project is located:
E. Prohibit the release of a customer's personal information by the elieible oroiect
owner or an entity actine on behalf of the owner or owners without the exulicit
affirmative consent of the customer other than for uurposes of debt collection or credit
renorting pursuant to state and federal law orto law enforcement agencies pursuant to
lawful process; and
F, Require the mvestor-owned transmission and distribution utility to sell all of the
renewable enemy credits generated by the eligible proiect.
4, Cost recovery. The commission shall ensure that all costs and direct financial
8 benefits associated with contracts entered into under this section are allocated to ratepayers
in accordance •withsection 3210-F. A price differential existing at any time during the term
of the contract between the contract price and the prevailine market urice at which the
energy generated by an eligible oroiect is sold or any aains or losses derived from contracts
COMMITTEE AMENDMENT
&
COMMITTEE AMENDMENT"^" to H.P. 1310, L.D. 1966
for differences must be reflected in the amounts charged to ratepayers and may not be
considered imprudent,
5. Rules. The commission may adopt rules to implement this section. Rules adoDted
pursuant to this subsection are routine technical rules as defined in Title 5. chapter 375.
subchaoter 2-A.
Sec. 7. Net energy biUing; consumer protections. The Public Utilities
Commission shall amend its rules adopted pursuant to the Maine Revised Statutes, Title
35-A, section 3209-A, subsection 5, paragraph E and Public Law 2025, chapter 430, section
15 to:
1. Exempt from the requirements described in Public Law 2025, chapter 430, section
15, subsections I and 2, distributed generation resources that are wholly owned by the
customer or customers receiving the net energy billing credits associated with the output
of the distributed generation resource; and
2. Ensure that the prohibition on simultaneous participation in more than one net
energy billing agreement pursuant to Title 35-A, section 3209-A, subsection 3 per
residential account does not apply to net energy billing agreements related to distributed
generation resources in which a customer has an ownership interest. The mles must allow
a customer to have multiple net energy billing agreements with distributed generation
resources in which the customer has an ownership interest and prohibit the customer from
having more than one net energy billing agreement pursuant to Title 35-A, section 3209-A,
subsection 3 per residential account if the customer does not have an ownership interest in
the distributed generation resource.
Notwithstanding any provision of Title 3 5-A, section 3209-A to the contrary, mles
amended by fhe commission pursuant to this section are routine technical 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 replaces the bill and changes fhe title. It does fhe following.
1. It requires a transmission and distribution utility with over 50,000 customers to
disclose any administrative charges included in a customer bill for work funded directly by
that customer. If any line item in a customer bill includes an administrative charge, the bill
must specifically identify the charge and include a description.
2. It directs the Public Utilities Commission, by mle, to prohibit an investor-owned
transmission and distribution utility that does not include all expenses that may be
recovered m rates in a customer's delivery cost, from labeling such expenses or any
combination thereof as public policy charges or a substantially similar term on customer
bills. The rules must require the investor-owned transmission and distribution utiUty to
label such expenses or combination of expenses m a way that the commission determines
is objective and assists customers in understanding these expenses.
3. It directs the commission to adopt rules to establish billing and disclosure standards
for distributed generation resources with customers who participate in a net energy billing
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT"^-" to H.P. 1310, L.D. 1966
arrangement based upon shared financial interest. The rules must include standardized
methods for presenting savings rates in a clear and consistent manner and require
identification of all charges.
4. It requires the commission, by September 1, 2026, to initiate a competitive
solicitation to procure up to 4 megawatts of energy from one or more distributed generation
resources. Eligible distributed generation resource projects must have anameplate capacity
of no more than 200 kilowatts; serve only low-income customers and moderate-income
households; be wholly owned by its customer or customers or whotly owned by a
cooperative corporation; provide discounts or payments to its customers to offset its
customers' electricity bills in a manner similar to customers receiving kilowatt-hour credits
as determined by the commission; be placed in service on or after August 1, 2026; and be
connected to the electric grid of an investor-owned transmission and distribution utility in
the State. The commission must select an eligible project for a contract if at least one bid
is received that meets the requirements of the legislation and the bid price does not exceed
a certain threshold. Contracts resulting fi-om the procurement may not have a term greater
than 20 years and must require the sale of all renewable energy credits generated by the
project.
5. It directs the commission to amend mles establishing consumer protections in net
energy billing arrangements to create exemptions to the otherwise applicable requirements
related to subscription sizing and payments for unused kilowatt-hour credits for certain
types of distributed generation resources. It also directs the commission to amend its mle
prohibiting participation in more than one shared financial interest net energy billing
agreement per residential account to ensure that it does not apply to net energy billing
agreements related to a distributed generation resource in which a customer has an
ownership interest.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 03/18/26 t-KL
LD 1966 LR 1838(02)
An Act to Improve Access to Community Solar Programs in the State
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 to implement the provisions of this bill are expected to be
minor and can be absorbed within existing budgeted resources,
LR183 8(02) - Fiscal Note - Page 1 of 1