An Act to Require the Development of a Standard Written
Maine Legislature, Session 132, LD 1964
Committee: Energy, Utilities and Technology
Sponsors: BLACK
Amends: 10 MRSA §1250-M, 35-A MRSA §3203, 35-A MRSA §3209-A, 35-A MRSA §3218

Legislative Document
No. 1964
S.P. 771
In Senate, May 13, 2025
An Act to Require the Development of a Standard Written 
Disclosure for Sellers and Installers of Distributed Generation 
Resources, to Make Changes to Other Standard Disclosures and to 
Make Misrepresentation in the Sale of Electricity Products an 
Unfair Trade Practice
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BLACK of Franklin.
Cosponsored by Representative: FOSTER of Dexter.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §1250-M is enacted to read:
§1250-M.  False representation in sale of electricity product
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Competitive electricity provider" has the same meaning as in Title 35-A, section 
3201, subsection 5. 
B. "Distributed generation resource" has the same meaning as in Title 35-A, section 
3481, subsection 5. 
C. "Electricity product" means a distributed generation resource, energy supply by a 
competitive electricity provider or a similar resource.  "Electricity product" does not 
include an electrical appliance, machinery or equipment or building efficiency services 
or products. 
D. "Electric utility" means a transmission and distribution utility as defined in Title 
35-A, section 102, subsection 20-B. 
2.  False representation in sale of electricity product.  A person may not falsely 
represent the person as a representative of, as an affiliate of or as being in any way affiliated 
with an electric utility or as a representative of, as an official of or acting in an official 
capacity on behalf of a governmental agency or program, unless expressly permitted by the 
electric utility or governmental agency or program, when selling, offering to sell, leasing, 
installing or entering into any other financial arrangement regarding an electricity product.
3.  Unfair trade practice.  A violation of this section constitutes a violation of the 
Maine Unfair Trade Practices Act.
Sec. 2.  35-A MRSA §3203, sub-§4, ¶G-1, as enacted by PL 2021, c. 108, §5 and 
reallocated by RR 2021, c. 2, Pt. A, §123, is amended to read:
G-1.  May not enter, or allow any of the provider's 3rd-party sales agents on the 
provider's behalf, to enter, into an agreement to provide service to a residential or small 
commercial consumer when that service is solicited using door-to-door sales without 
providing the consumer with a standard disclosure form, in a format prescribed by the 
commission by rule, that meets the requirements of this paragraph.  The standard 
disclosure form requirements include, but are not limited to, the following:
(1)  A type size that is no less than 14 points;
(2)  Contact information, including the telephone numbers for the competitive 
electricity provider, the commission and the Office of the Public Advocate;
(3)  A telephone number and publicly accessible website where the consumer may 
obtain information on the current standard-offer service rate and expiration date 
and the publicly accessible website for electricity supply information available 
through the Office of the Public Advocate;
(4)  Information regarding the consumer's right to rescind service as provided in 
paragraph C;
(5)  The When applicable, the registration number of the 3rd-party sales agent 
issued by the commission pursuant to subsection 2 and any transient seller's license 
number issued by the Department of Professional and Financial Regulation 
pursuant to Title 32, chapter 128, subchapter 2; and
(6)  Any other information the commission determines is necessary; and
(7)  For a residential consumer, information regarding consumer protections under 
subsection 4-B; and
Sec. 3.  35-A MRSA §3209-A, sub-§5, ¶B, as enacted by PL 2021, c. 107, §2, is 
amended to read:
B.  Must provide to a residential customer such information as the commission may 
require by rule or order in a standard disclosure form before entering into an agreement 
with the residential customer to participate in a net energy billing arrangement based 
upon a shared financial interest in a distributed generation resource; a standard 
disclosure form, in a format prescribed by the commission by rule, which must include, 
but is not limited to, the following: 
(1)  The name and telephone number of the project sponsor or the project sponsor's 
representative;
(2)  The name and location of the project;
(3)  Information regarding billing by the project sponsor and information on how 
net energy billing works; and
(4)  Any other information the commission determines is necessary;
Sec. 4.  35-A MRSA §3209-A, sub-§5, as enacted by PL 2021, c. 107, §2, is 
amended by enacting at the end a new first blocked paragraph to read:
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. 5.  35-A MRSA §3218 is enacted to read:
§3218.  Standard written disclosure for sale or installation of distributed generation 
resources
1.  Standard written disclosure.  A person who sells and installs distributed 
generation resources shall prior to a sale provide to the customer a completed standard 
written disclosure as prescribed by the Attorney General.  For the purposes of this section, 
"distributed generation resource" has the same meaning as in section 3209-A, subsection 
1, paragraph B.
2.  Disclosure requirements; rules.  The Attorney General shall adopt rules to carry 
out the purposes of this section.  The rules must include a standard written disclosure for 
the sale and installation of a distributed generation resource.  The standard written 
disclosure requirements include, but are not limited to, the following:
A. The name of the seller and contact information of the seller or a representative of 
the seller and the name of the facility; 
B. A plain language summary of pertinent requirements and time frames regarding 
small interconnection procedures; 
C. A good faith cost summary or estimate of system interconnection costs for which 
the customer may be responsible; 
D. A statement of the rights and responsibilities of the seller, customer and transmission 
and distribution utility pertinent to the engagement or interconnection with the facilities 
of the transmission and distribution utility; 
E. A description of any dispute resolution mechanisms, including information relating 
to the interconnection ombudsman under section 3474, subsection 4, available to the 
seller, customer and transmission and distribution utility; 
F. Clearly described terms and conditions of any financial agreement associated with 
the sale, lease or installation of a distributed generation resource; 
G. Signature lines for the seller and customer attesting that the seller provided, and the 
customer received, the standard written disclosure prior to the sale of the distributed 
generation resource; 
H. A notice that the seller will notify the customer of when the project is operational 
and the customer's subscription or service is active; and
I. Any other information the Attorney General determines is necessary. 
Rules adopted pursuant to this subsection are routine technical rules under Title 5, chapter 
375, subchapter 2-A. 
3.  Violation.  A violation of this section is a violation of the Maine Unfair Trade 
Practices Act.
Sec. 6.  Public Utilities Commission; rules.  The Public Utilities Commission 
shall initiate rulemaking to implement the Maine Revised Statutes, Title 35-A, section 
3203, subsection 4, paragraph G-1 and Title 35-A, section 3209-A, subsection 5, paragraph 
B within 90 days of the effective date of this Act.
Sec. 7.  Attorney General; rules.  The Attorney General shall initiate rulemaking 
to implement the Maine Revised Statutes, Title 35-A, section 3218, subsection 2 within 90 
days of the effective date of this Act.
SUMMARY
This bill makes misrepresentation as a representative or affiliate of an electric utility or 
representative or official of a governmental agency or program when selling, offering to 
sell, leasing, installing or entering into any other financial arrangement regarding an 
electricity product a violation of the Maine Unfair Trade Practices Act.  
The bill changes the information that must be included in a standard disclosure form 
provided by competitive electricity providers to residential and small commercial 
consumers and requires the disclosure form to be in a format prescribed by the Public 
Utilities Commission by rule.  
The bill provides information that must be included in a standard disclosure form to be 
provided by project sponsors to net energy billing customers and requires the form to be in 
a format prescribed by the Public Utilities Commission by rule.  
The bill requires the Attorney General to develop by rule a standard written disclosure 
to be provided to customers by persons who sell or install distributed generation resources 
and provides information that must be included in the standard written disclosure.