An Act Conceming
Maine Legislature, Session 132, LD 0597
Committee Amendment CA_A_S401 (Senate)
Amends: 35-A MRSA §3149, 35-A MRSA §3210, 35-A MRSA §3210-J, 35-A MRSA §3210-K

COMMITTEE AMENDMENT "fan to S.P. 281, L.D. 597, "An Act Conceming 
Energy, Utilities and Technologf' 
Amend the bill by striking out the title and substituting the following: 
'An Act to Direct the Public Utilities Commission to Conduct Procurements for 
Enel'gy or Renewable Energy Credits' 
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, it is critically important that Maine citizens have continued access to low-
cost, locally generated power through the timely procurement of long-term contracts 
administered by the Public Utilities Commission; and 
Whereas, delays in the procurement process will jeopardize rural jobs in the forest 
products industry and place at risk applications to connect in a cost-effective manner to the 
New England grid unless the Public Utilities Commission acts priot· to the expiration of the 
90-day period; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the presel'Vation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 35-A MRSA §3149 is enacted to read: 
§3149. Negative pricing 
The commission may not approve a contract for energy resulting from a competitive 
solicitation conducted by the commission undet· this Title unless the contract includes a 
provision that requires the reduction of payments to the biddet· by the stranded costs arising 
COMMITTEE AMENDMENT 
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COMMI11'EEAMENDMENT"A "to S.P.281, L,D, 597 ( S··l/~i) 
from energy produced 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 fol' ratepayers and will avoid to the maximum extent 
possible the curtailment of existing l'enewable l'esource generators. 
Sec. 2. 35-A MRSA §3210, sub-§12, as enacted by PL 2023, c, 321, §2, is 
repealed, 
Sec. 3. 35-A MRSA §3210-J, sub-§2, as enacted by PL 2023, c. 321, §3, is 
amended to 1·ead: 
2, 
Competitive procurement. 
The commission shall dkect investor-owned 
transmission and distl'ibution utilities to enter into one or more contracts for energy tlfttl. or 
renewable energy credits from eligible Class IA resources or combined projects in 
accordance with this section. Customers who have made an election pursuant to section 
3210, subsection 10 are subject to prohibitions on bidding on or obtaining a contract under 
this section as provided in section 3210, subsection 10 for contrncts under section 3210-G. 
A. The commission shall initiate conduct competitive solicitations for contracts under 
this paragraph nubsection for enel'gy aHa m: renewable energy credits equal to 5% of 
the retail electricity sales in this State fol' the period from January l, 2021 to December 
31, 2021 plus any amount determined pursuant to paragraph B. 
B. The commission shall determine the amo-µnt of energy or renewable energy credits 
from Class IA resources selected for contracts pursuant to section 3210-G that have not 
been fulfilled and shall add this amount to the amount of energy and renewable energy 
credits to be contrncted under paragraph A. 
C. The eonunission shall initiate the fit-st eompetitive solicitatioa to select eligible 
Class IA reso\::lrees or eomhiaed projeets for eontraet \::lmle.1:· this seetion by January 1, 
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C-1. The commission shall initiate a competitive solicitation for energy or renewable 
energy credits described in paragrnph A and shall select eligible Class IA resources or 
combined projects as expeditiously as possible, taking into account a bidder's ongoing 
interconnection costs and ability to receive federal tax credits. 
D, For any amount of energy or renewable energy credits required to be procured 
under paragraph A that are not procured in the fust competitive solicitation l'eguired 
by pal'agraph C-1, the commission·shall: may initiate~ an additional competitive 
solicitation within 12 months of the conclusion of the fust solicitation required by 
paragraph C-1. The commission shall may initiate additional solicitations in the same 
manner until contracts have been approved to procure eligible Class IA resources or 
combined projects in accordance with paragraph A. 
E. The commission shall require each bidder to demonstrate in the bid proposal the 
economic and· community benefits the proposal will provide, including but not limited 
to: 
(1) Jobs that will be created; 
(2) Excise, income, property and sales taxes that will be paid; and 
(3) Goods and services that will be pmchased. 
COMMITTEE AMENDMENT 
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COMMllTEEAMENDMENT"ft- "to S.P, 281, L.D. 597 (s, 4J) 
F. In conducting a solicitation and selecting eligible Class IA 1·esources or combined 
projects for contracts under this section, the commission shall: 
( 1) Consider the expected effect of eligible Class IA resources on other renewable 
resources, as defined in section 3210, subsection 2, paragraph C, due to congestion 
and curtailment; 
(2) Select only those eligible Class IA resources or combined prnjects for contracts 
that will benefit ratepayers. as determined by the commission in accordance with 
subsection 2-A; and 
(3) 
Of those eligible Class IA resources or combined projects that benefit 
ratepayers, give preference to eligible Class IA resources or combined projects as 
follows: 
(a) Primary preference to those eligible Class IA resources or combined 
projects that are located on contaminated land; and 
(b) Secondary pt·eference to those eligible Class IA resources or combined 
prnjects that minimize use of farmland that is not contaminated land and 
minimize use of forested land. 
G, In conducting a solicitation and selecting combined projects for contracts unde1· this 
section, the commission shall: 
(1) Require 2 separate bid prnposals, one with the energy storage system and one 
without; and 
(2) Require an energy storage system selected for a contract to remain stationary 
and under the same ownership throughout the contract term, 
H. The commission may establish a process by rule to allow an energy storage system 
to apply to the commission to be paired with and added to a contrnct awarded to an 
eligible Class IA resource after that resomce has been awarded a contract. 
• Sec, 4, 35-A MRSA §3210-J, sub-§2-A is enacted to read: 
2-A. Ratepayer benefits. The commission may not make a determination that a 
contract will benefit ratepayers as required by subsection 2. paragraph F. subparngrnph (2), 
unless the commission determines that the contract is more likely than not to produce 
benefits to ratepayers that exceed the costs to ratepayers associated with the contract. 
Sec. 5, 35-A MRSA §3210-J, sub-§4, as enacted by PL 2023, c. 321, §3, is 
repealed. 
Sec. 6, 35-A MRSA §3210-J, sub-§5, as enacted by PL 2023, c. 321, §3, is 
amended to read: 
5, Rules, The commission sha-J-1. may adopt rules to implement this section. Rules 
adopted in accordance with this subsection al'e routine technical rnles pursuant to Title 5, 
chapter 375, subchapter 2~A. 
Sec, 7, 35-A MRSA §3210-K is enacted to read: 
§3210-K. Renewable energy procurement; repowering and continued maintenance 
of existing resources 
COMMITTEE AMENDMENT 
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COMMITI'EE AMENDMENT" A" to S.P. 281, L.D. 597 ( S·· l/60 
The commission shall direct investor-owned trnnsmission and distribution utilities to 
enter into one or more contracts for energy or renewable energy credits from eligible Class 
IA resources in accordance with this section, 
1. Definition. As used in this section, "eligible Class IA resource" means a Class IA 
resource as defined in section 3210, subsection 2, paragraph A-3 that began- commercial 
operation on or before June 30, 2019. 
2. Competitive procurement. The commission shall conduct one competitive 
solicitation in order to select eligible Class IA resources for contrncts under this section. 
The commission shall initiate the competitive solicitation by December 31, 2025. 
A. Through a competitive solicitation under this section, the commission shall procure 
an amount of energy or renewable energy credits or a combination of energy and 
renewable energy credits from eligible Class IA resources that is equal to 5% of the 
retail electricity sales in this State for the period from Januaty I. 2023 to December 31. 
2023, as determined by the commission. 
B, In conducting the solicitation and selecting eligible Class IA resources for contracts 
under this section. the commission shall consider the benefits to ratepayers and to the 
economy as set forth in section 3210-G. subsection I, paragraph C, subparagraph (2) 
and must determine that the contract award is more likely than not to produce benefits 
to ratepayers that exceed costs to ratepayers in the State. 
C. If the commission concludes that the solicitation is not competitive or. following a 
review of bids received, that approval of a contract or contracts is not in the public 
interest, the commission must make a determination not to award a contract. 
3, Contract requirements. A contract entered into pursuant to this section must: 
A. Be for a term of 10 years unless the commission finds a contract for a longer term 
to be pmdent; and 
B, Require that payments to the bidder under the contract be reduced by the stranded 
costs arising from energy produced during negative price intervals, 
Sec. 8. Commission procurement; timing. The Public Utilities Commission 
shall initiate the competitive solicitation required by the Maine Revised Statutes, Title 
35-A, section 3210-J, subsection 2, paragraph C-1 within 30 days of the effective date of 
this Act.' 
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 1·ead consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept drnft, changes the title and adds 
an emergency preamble and emergency clause. The amendment does the following. 
1. It amends the section of law requiring the Public Utilities Commission to conduct a 
1·enewable energy procurement to direct the commission to conduct a competitive 
COMMITTEE AMENDMENT 
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COMMITJ'EE AMENDME~T" },;-• to S.P. 281, L.D. 597 ( S-L/6') 
solicitation for energy or renewable energy credits within 30 days of enactment of the 
legislation. The commission may initiate an additional competitive solicitation within 12 
months of the fast solicitation. The amendment also clarifies that, to select a contract that 
will benefit ratepayers, the commission must determine that the contract is more likely than 
not to produce benefits to ratepayers that exceed the costs to ratepayers associated with the 
contract. 
2. lt requires the commission to conduct one competitive solicitation to procure energy 
or renewable energy credits from eligible Class IA resources as defined in the amendment 
in an amount equal to 5% of the retail electricity sales in this State for the pel'iod from 
January 1, 2023 to December 31, 2023, as detel'mined by the commission. If the 
commission coi1cludes that the solicitation is not competitive or, following a review of bids 
received, that approval of a contract or contracts is not in the public internst, the 
commission must decide not to award a contract. 
3. It requires that an energy contract resulting from a competitive solicitation conducted 
by the commission include a provision that requil'es payments under the contract to the 
bidder be reduced by the stranded costs arising from energy produced during negative price 
intervals. The commission may grant an exception from the inclusion of such a negative 
price provision if the bidder demonstrntes good cause and the commission finds that the 
contract is cost-effective, includes other price protections for ratepayers and will avoid to 
the maximum extent possible that cmtailment of existing renewable resource generators. 
FISCAL NOTE REQUm.ED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/29/25 LRL 
LD597 
LR1564(02) 
An Act Concerning Energy, Utilities and Technology 
Fiscal Note for Bill as Amended by Committee Amendment'~' {5, l/0·0 
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 to implement the provisions of this bill are expected to be 
minor and can be absorbed within existing budgeted resources. 
LR1564(02) • Fiscal Note• Page I of l