An Act to Lower Consumer Electricity Costs by Prohibiting the
Maine Legislature, Session 132, LD 0839
Committee: Energy, Utilities and Technology
Sponsors: STEWART
Amends: 35-A MRSA §3209-A, 35-A MRSA §3209-B

Legislative Document
No. 839
S.P. 372
In Senate, March 4, 2025
An Act to Lower Consumer Electricity Costs by Prohibiting the 
Recovery Through Rates of Costs Attributable to Net Energy Billing
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Cosponsored by Senators: BENNETT of Oxford, HARRINGTON of York, Representatives: 
FAULKINGHAM of Winter Harbor, FOSTER of Dexter, MCINTYRE of Lowell, PAUL of 
Winterport, WADSWORTH of Hiram.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3209-A, sub-§1, ¶B-1 is enacted to read:
B-1.  "Kilowatt-hour credit program cost" means:
(1)  Transmission and distribution costs that would otherwise be paid by a customer 
through the volumetric charge on the customer's electricity bill that are not received 
by a transmission and distribution utility due to application of kilowatt-hour credits 
to the customer's electricity bill; and
(2)  Costs incurred by a transmission and distribution utility for the administration 
of net energy billing arrangements.
Sec. 2.  35-A MRSA §3209-A, sub-§10 is enacted to read:
10.  Kilowatt-hour credit program costs.  After June 30, 2026, kilowatt-hour credit 
program costs may not be included or incorporated in the operating expenses of a 
transmission and distribution utility to be recovered in rates and must be paid from the 
General Fund. The commission shall submit legislation to request funding to be paid into 
the Net Energy Billing Cost Stabilization Fund established in section 3209-B, subsection 
to ensure adequate funding is available to pay kilowatt-hour credit program costs.
The commission shall adopt rules to establish a process by which kilowatt-hour credit 
program costs are distributed to transmission and distribution utilities using funds from the 
Net Energy Billing Cost Stabilization Fund. The rules must require a transmission and 
distribution utility to provide to the commission, at least annually, an estimate of kilowatt-
hour credit program costs for the following year. The commission rules must establish a 
schedule for the commission's payment of kilowatt-hour program costs and a reconciliation 
process by which any overpayments are returned by a transmission and distribution utility 
to the Net Energy Billing Cost Stabilization Fund. Notwithstanding any provision of this 
section to the contrary, rules adopted by the commission pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 3.  35-A MRSA §3209-B, sub-§1, ¶B-1 is enacted to read:
B-1.  "Commercial and institutional program cost" means:
(1)  The dollar amount of bill credits paid to a customer based on the tariff rates 
established under subsection 5; and
(2)  Costs incurred by a transmission and distribution utility for the administration 
of the program.
Sec. 4.  35-A MRSA §3209-B, sub-§1, ¶C-1 is enacted to read:
C-1.  "Monetized benefit" means revenue received by a transmission and distribution 
utility that is generated by the sale of:
(1)  Electricity produced by a distributed generation resource participating in the 
program; and
(2)  Capacity rights associated with a distributed generation resource participating 
in the program.
Sec. 5.  35-A MRSA §3209-B, sub-§9 is enacted to read:
9.  Commercial and institutional program costs.  After June 30, 2026, commercial 
and institutional program costs may not be included or incorporated in the operating 
expenses of a transmission and distribution utility to be recovered in rates and must be paid 
from the General Fund. The commission shall submit legislation to request funding to be 
paid into the Net Energy Billing Cost Stabilization Fund established in subsection 10 to 
ensure adequate funding is available to pay commercial and institutional program costs.
The commission shall adopt rules to establish a process by which commercial and 
institutional program costs, less monetized benefits, are distributed to transmission and 
distribution utilities and distributed generation resources, as applicable, using funds from 
the Net Energy Billing Cost Stabilization Fund. The rules must require a transmission and 
distribution utility to provide, at least annually, to the commission an estimate of 
commercial and institutional program costs for the following year, as well as an estimate 
of monetized benefits. The commission rules must establish a schedule for the 
commission's payment of commercial and institutional program costs and a reconciliation 
process by which any overpayments are returned by a transmission and distribution utility 
to the Net Energy Billing Cost Stabilization Fund.  Rules adopted by the commission 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A.
Sec. 6.  35-A MRSA §3209-B, sub-§10 is enacted to read:
10.  Net Energy Billing Cost Stabilization Fund.  The Net Energy Billing Cost 
Stabilization Fund is established within the commission as a nonlapsing fund for the 
purposes of paying kilowatt-hour credit program costs in accordance with section 3209-A, 
subsection 10 and commercial and institutional program costs, less monetized benefits, as 
described in subsection 9. The commission may receive and deposit in the fund funds from 
the General Fund and any overpayments returned by transmission and distribution utilities 
in accordance with rules adopted by the commission.
SUMMARY
This bill prohibits the inclusion of certain costs associated with the kilowatt-hour credit 
and commercial and institutional net energy billing programs in the operating expenses of 
a transmission and distribution utility. The bill requires the Public Utilities Commission to 
adopt routine technical rules to establish a process by which kilowatt-hour credit program 
costs and commercial and institutional program costs, less monetized benefits, are 
distributed to transmission and distribution utilities and distributed generation resources, 
as applicable. The bill establishes the Net Energy Billing Cost Stabilization Fund for the 
purposes of receiving General Fund appropriations for payments for kilowatt-hour credit 
program costs and commercial and institutional program costs and any overpayments 
returned by transmission and distribution utilities.