An Act to Clarify
Maine Legislature, Session 132, LD 1777
Committee Amendment CA_B_H757 (House)
Amends: 35-A MRSA §3209-A, 35-A MRSA §3209-B, 35-A MRSA §3209-F

COMMITTEE AMENDMENT "B" to H.P. 1188, L.D. 1777, "An Act to Clarify 
Tariff Rates for Nomesidential Customers Participating in Net Energy Billing with a 
Distributed Generation Resource" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Establish Duration and Compensation Limits in the Net Energy Billing 
Program' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 35-A MRSA §3209-A, sub-§1, ,re, as enacted by PL 2019, c. 478, Pt. A, 
§3, is amended to read: 
C. 
11Net 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 kilowatt-hour 
credits from the previous billing period. 
Sec. 2. 35-A MRSA §3209-A, sub-§1, ,rE is enacted to read: 
E. 
11Renewable energy credit
has the same meaning as in section 3210. subsection 2, 
paragraph B-2. 
Sec. 3. 35-A MRSA §3209-A, sub-§10 is enacted to read: 
10. Applicability to proiects of more than 500 ldlowatts; limitations for proiects 
of 500 ldlowatts 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" g,, to H.P. 1188, L.D. 1777 
A. Notwithstanding any provision of this section to the contrary, the number of 
customers or meters is limited to 10 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 fmancial interest in more than 5 
distributed generation resources that have net energy billing arrangements. 
Sec. 4. 35-A MRSA §3209-A, sub-§11 is enacted to read: 
11. Net energy billing termination, Notwithstanding any provision of law to the 
contrary, a person may not participate or, if participating, may no longer participate in net 
energy billing under this section after the earlier of: 
A. Twenty years from the date a net energy billing agreement between the entity 
proposing the development of the distributed generation resource and the transmission 
and distribution utility was executed; and 
B. December 31, 2045. 
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. 
Sec. 6. 35-A MRSA §3209-B, sub-§5, 1A, as amended by PL 2021, c. 659, §19, 
is further amended to read: 
A. The tariff rate for a customer participating in net energy billing with a distributed 
generation resource described in this paragraph must equal the standard-offer service 
fil!PPly rate established under section 3212 that is applicable to the customer receiving 
the credit plus 75% of the effective transmission and distri-bation rate for the mte class 
that includes the smallest commercial customers of the iw;:estor owned tt·ansmission 
and distribution utility. The tariff rate under this paragraph applies to net energy billing 
with a distributed generation resource: 
(1) With a nameplate capacity of greater than one megawatt if: 
(a) The entity developing the distributed generation resource certifies by 
affidavit with accompanying documentation to the commission that the entity, 
before September 1, 2022, commenced on-site physical work of a significant 
nature on the distributed generation resource and the entity has made and will 
continue to make continuous on-site construction efforts to advance toward 
completion of the distributed generation resource, For the purpose of this 
paragraph, continuous on-site construction efforts include, but are not limited 
to, in the context of a solar facility, the continuous installation of racks or other 
structures to affix photovoltaic panels, collectors or solar cells to a site. The 
commission may share information contained in the affidavit submitted in 
accordance with this paragraph with a transmission and distribution utility, as 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,g "to H.P. 1188, L.D. 1777 
necessary, to verify a distributed generation resource's compliance with this 
section. In administering this subsection, the commission may adopt rules 
including, but not limited to, requiring the entity that submits a sworn affidavit 
under this subparagraph to provide updated documentation to the commission 
after submission of the affidavit; or 
(b) The distributed generation resource is collocated with a net energy billing 
customer that is or net energy billing customers that are subscribed to at least 
50% of the facility's output; or 
(2) With a nameplate capacity of one megawatt or less. 
Sec. 7. 35-A MRSA §3209-B, sub-§5, 1A-1, as enacted by PL 2021, c. 659, §19, 
is amended to read: 
A-1. The tariff rate for a customer participating in net energy billing under this section 
with a distributed generation resource not governed by paragraph A must+ equal the 
standard-offer service supply rate established pursuant to section 3212 that was 
applicable to the rate class of the customer receiving the credit on December 31, 2020. 
(1) lfl 2022, eq1:1al the standard of:fef seFYice l'ate established pms1:1a-at to sectioa 
3212 that was applicable to the rate class of the customer receivffig the credit OR 
December 31, 2020 pl1:1s 75% of the effective transmissioR aRd distribmion rate 
that was i-H effect on December 31, 2020 for the l'ate class that inel1:1des the smallest 
commercial customers of the investol' 01Nned tra-asmissioa a-ad distl'ieution mility; 
a½la 
(2) Increase b:Y 2.25% on January 1st of each subsequent year, begiBning January 
1, 2023. 
Sec. 8. 35-A MRSA §3209-B, sub-§9 is enacted to read: 
9. Net energy billing termination. Notwithstanding any provision of law to the 
contrary, a person may not participate or, if participating, may no longer participate in net 
energy billing under this section after the earlier of: 
A. Twenty years from the date a net energy billing agreement between the entity 
proposing the development of the distributed generation resource and the transmission 
and distribution utility was executed; and 
B. December 31, 2045. 
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 rule alter the amount of 
compensation that a customer with a financial interest in a distributed generation resource 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "g" to H.P. 1188, L.D. 1777 
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 requirements 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 qualify 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 replaces the bill and changes the title. The amendment 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 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. It 
also 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. 
The amendment also amends the laws governing the tariff rate and kilowatt-hour credit 
net energy billing programs to prohibit participation 20 years from the date a net energy 
billing agreement between the entity proposing the development of the distributed 
generation resource and the transmission and distribution utility was executed or after 
December 31, 2045, whichever occurs earlier. The amendment also 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 an-angement sells renewable energy credits 
generated by the distributed generation resource, the renewable energy credits must be sold 
and retired in the State. 
The amendment 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 arrangements 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. 
The amendment also 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 
COMMITTEE A-MENDMENT 
COMMITTEE AMENDMENT ,g" to H.P. 1188, L.D. 1777 
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: 06/06/25 LRL 
LD 1777 
LR2335(03) 
An Act to Clarify Tariff Rates for Nonresidential Customers Participating in Net Energy Billing with 
a Distributed Generation Resource 
Fiscal Note for Bill as Amended by Committee Amendment ,g, { f-{-7 5 7, 
Committee: Energy, Utilities and Technology 
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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. 
LR2335(03) - Fiscal Note - Page 1 of 1