An Act to Promote Responsible, Cost-effective Energy in Maine by
Maine Legislature, Session 132, LD 1317
Committee: Energy, Utilities and Technology
Sponsors: BENNETT
Amends: 35-A MRSA §3209-B

Legislative Document
No. 1317
S.P. 547
In Senate, March 27, 2025
An Act to Promote Responsible, Cost-effective Energy in Maine by 
Amending the Tariff Rates Applicable to the Commercial and 
Institutional Net Energy Billing Program
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Cosponsored by Senators: BICKFORD of Androscoggin, HARRINGTON of York, 
Representative: WADSWORTH of Hiram.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3209-B, sub-§5, ¶A, as amended by PL 2021, c. 659, §19, 
is further amended to read:
A.  The Prior to January 1, 2026, 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 rate established under section 3212 that is applicable to the 
customer receiving the credit plus 75% of the effective transmission and distribution 
rate for the rate class that includes the smallest commercial customers of the investor-
owned transmission 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 
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. 2.  35-A MRSA §3209-B, sub-§5, ¶A-1, as enacted by PL 2021, c. 659, §19, 
is amended to read:
A-1.  The Prior to January 1, 2026, 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 rate established pursuant to 
section 3212 that was applicable to the rate class of the customer receiving the credit 
on December 31, 2020 plus 75% of the effective transmission and distribution rate that 
was in effect on December 31, 2020 for the rate class that includes the smallest 
commercial customers of the investor-owned transmission and distribution utility and 
be increased by 2.25% on January 1, 2023, January 1, 2024 and January 1, 2025.
(1)  In 2022, equal the standard-offer service rate established pursuant to section 
3212 that was applicable to the rate class of the customer receiving the credit on 
December 31, 2020 plus 75% of the effective transmission and distribution rate 
that was in effect on December 31, 2020 for the rate class that includes the smallest 
commercial customers of the investor-owned transmission and distribution utility; 
and
(2)  Increase by 2.25% on January 1st of each subsequent year, beginning January 
1, 2023.
Sec. 3.  35-A MRSA §3209-B, sub-§5, ¶A-2 is enacted to read:
A-2.  Beginning January 1, 2026 and prior to January 1, 2027, the tariff rate for a 
customer participating in net energy billing under this section must equal an amount 
that is greater than 12¢ per kilowatt-hour but does not exceed the lesser of the tariff 
rates applicable in 2025 pursuant to paragraphs A and A-1.
Sec. 4.  35-A MRSA §3209-B, sub-§5, ¶A-3 is enacted to read:
A-3.  Beginning January 1, 2027 and prior to January 1, 2028, the tariff rate for a 
customer participating in net energy billing under this section must equal an amount 
that is greater than 12¢ per kilowatt-hour but does not exceed the tariff rate established 
pursuant to paragraph A-2.
Sec. 5.  35-A MRSA §3209-B, sub-§5, ¶A-4 is enacted to read:
A-4.  Beginning January 1, 2028, the tariff rate for a customer participating in net 
energy billing under this section must equal 12¢ per kilowatt-hour.
SUMMARY
This bill amends the commercial and institutional net energy billing program, starting 
in 2026, to allow the Public Utilities Commission to establish by rule the tariff rate 
applicable to all customers in the program, regardless of the size of the distributed 
generation resource involved in net energy billing. The bill requires the commission to 
establish the 2026 tariff rate at a rate between 12¢ per kilowatt-hour and the lesser of the 
tariff rates applicable in 2025. It requires the commission to establish the 2027 tariff rate at 
a rate between 12¢ per kilowatt-hour and the tariff rate applicable in 2026. Beginning 
January 1, 2028, the bill requires the tariff rate to equal 12¢ per kilowatt-hour.