An Act Regarding
Maine Legislature, Session 132, LD 0307
Committee Amendment CA_A_H881 (House)

COMMITTEE AMENDMENT "A " to H.P. 207, L.D. 307, "An Act Regarding
Energy, Utilities and Technology"
Amend the bill by striking out the title and substituting the following:
'An Act to Establish the Maine Data Center Coordination Council and Place a
Temporary Limitation on Certain Data Centers'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. Temporary limitation on certain data centers. Notwithstanding any
provision of law to the contrary, prior to November 1, 2027, a municipality, a quasi-
independent state entity or any agency of the State may not accept an application for or
issue a permit, certificate or other approval for the development, construction or operation
of a data center with a load of 20 megawatts or more. For the purposes of this section, "data
center" means any facility in the State, which may be a freestanding structure or a facility
within a larger structure, that primarily contains electronic equipment used to process, store
and transmit digital information that uses environmental control equipment to maintain the
proper conditions for the operation of electronic equipment,
This section is repealed November 1,2027.
Sec. 2. Establishment of Maine Data Center Coordination Council. The
Department of Energy Resources shall convene the Maine Data Center Coordination
Council, referred to in this legislation as "the council," to provide strategic input, facilitate
coordinated state planning considerations and evaluate policy tools to address data center
opportunities and related benefits and risks to the State. For the purposes of this section,
"data center" means any facility in the State, which may be a freestanding structure or a
facility within a larger structure, that primarily contains electronic equipment used to
process, store and transmit digital information that uses environmental control equipment
to maintain the proper conditions for the operation of electronic equipment.
COMMIHEE AMENDMENT
BPS,
COMMITTEE AMENDMENT " A " to H.P. 207, L.D. 307
1. The council shall evaluate issues related to data centers located or proposed to be
located in the State, with the goals of protecting ratepayers, maintaining electric grid
reliability, minimizing environmental impacts and enabling responsible and appropriately
sited economic development. In conducting its evaluation, the council shall consider the
State's policy goals related to renewable energy in the Maine Revised Statutes, Title 35-A,
section 3210, greenhouse gas reduction objectives, mcluding those in Tide 38, section
576-A, goals for broadband service established in Title 35-A, section 9202-A, the state
economic development strategy and the legislative findings described in Title 38, section
480-A. In carrying out its work, the council shall:
A. Review and consider legislation related to data centers that has been considered or
adopted in other states;
B. Evaluate projections of electric load growth, infrastructure needs and system
reliability and resource adequacy impacts associated with data centers in the State and
the ISO-New England region;
C. Identify strategies to protect ratepayers from rate inflation or negative financial
effects resulting from data centers, including, but not limited to, cost allocation
approaches, rate design changes, impact fees, efficiency standards, energy supply
obligations and demand response and load flexibility during periods of high demand
or grid emergencies;
D. Review applicability of existing state programs and financial tools to data centers;
E. Assess potential environmental and natural resource impacts, including, but not
limited to, water use, emissions, land use and other impacts on host communities, and
identify strategies to minimize adverse impacts;
F. Consider data-sharing requirements and processes for proposed data centers,
including use of nondisclosure agreements and identify information essential to grid
operators, electric utilities, state agencies and policy makers regarding electric load,
peak demand, water use and other operational characteristics necessary to inform state
and local planning;
0. Offer guidance to assist municipalities in assessing potential data center impacts
and benefits, including the use of community benefit agreements; and
H. Develop recommendations to clarify roles, responsibilities, information-sharing
practices and timelines among state agencies, utilities, municipalities and other
governmental entities to support coordinated, timely and well-informed responses to
data center development inquiries.
2. The Commissioner of Energy Resources or the commissioner's designee shall serve
as chair of the council. The council must include the following additional 13 members:
A. The Director of the Maine Office of Community Affairs or the director's designee;
B. The Commissioner of Economic and Community Development or the
commissioner's designee;
C. The Public Advocate or the Public Advocate's designee;
D. The chair of the Public Utilities Commission or the chair's designee;
E. The president of the Maine Connectivity Authority or the president's designee;
Page2-132LR152l(02)
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " A " to H.P, 207, L.D. 307
P. The Commissioner of Environmental Protection or the commissioner's designee;
G. A representative of the Maine Municipal Association appointed by the
Commissioner of Energy Resources ;
H. The executive director of the Wabanaki Alliance or the executive director's
designee;
I. One representative each from the 2 investor-owned transmission and distribution
utilities in the State and one representative of the interests of cooperative and
municipally owned utilities in the State appointed by the Commissioner of Energy
Resources;
J. One representative of an environmental advocacy organization appointed by the
Commissioner of Energy Resources; and
K. One representative of a labor organization appointed by the Commissioner of
Energy Resources.
The Commissioner of Energy Resources or the commissioner's designee may invite
additional agency representatives, experts or stakeholders to provide comment or provide
assistance to the council as the commissioner determines appropriate to address technical,
economic and environmental factors of data center development.
3. The council shall hold at least 5 meetings. The council shall provide an opportunity
for public comment on the council's draft fmdings prior to submitting the final strategy
report described in subsection 4.
4. By Febroary 1, 2027, the council shall submit a final strategy report with the findings
of its evaluation and any recommendations, including any proposed legislation, to the
Governor and the joint standing committee of the Legislature having jurisdiction over
energy matters. The committee may report out a bill related to the report to the 133rd
Legislature u 2027,
Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made.
ENERGY RESOURCES, DEPARTMENT OF
Department of Energy Resources Z424
Initiative: Provides one-time funding for contracted technical and facilitation support for
the Maine Data Center Coordination Council.
GENERAL FUND 2025-26 2026-27
AllOther $0 $95,000
GENERAL FUND TOTAL $0 $95,000
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecurively.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/\ " to H.P. 207, L.D. 307
"A"'
SUMMARY
This amendment replaces the bill, which is a concept draft, and changes the title. It
requires the Department of Energy Resources to convene the Maine Data Center
Coordination Council to provide strategic input, facilitate coordinated state planning
considerations and evaluate policy tools to address data center opportunities and related
benefits and risks to the State. By Febmary 1 , 2027, the council is required to submit a final
strategy report, including the fmdings of its evaluation and recommendations, to the
Governor and the joint standing committee of the Legislature having jurisdiction over
energy matters. The amendment also prohibits a municipality, a quasi-independent state
entity or any agency of the State, prior to November 1,2027, from accepting an application
for or issuing a permit, certificate or other approval for the development, construction or
operation of a data center with a load of 20 megawatts or more.
FISCAL NOTE REQmRED
(See attached)
Page4-132LRl521(02)
COMMITTEE AMENDMENT
Approved; 03/18/26 t-KL
LD 307 LR 1521(02)
An Act Regarding Energy, Utilities and Technology
Fiscal Note for Bill as Amended by Committee Amendment ^ f ^ -
Committee: Energy, Utilities and Technology
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $95,000 $0 $0
Appropriations/AIlocations
General Fund $0 $95,000 $0 $0
Fiscal Detail and Notes
This bill requires the Department of Energy Resources (DOER) to convene the Maine Data Center Coordination
Council to evaluate planning considerations for data center development in the State and submit a report of its
findings, DOER has indicated that these responsibilities will require additional resources. The bill includes a one-time
General Fund appropriation of $95,000 in fiscal year 2026-27 to DOER for contracted technical and facilitation
support,
Additional costs to state agencies for participation in the council are expected to be minor and can be absorbed within
existing budgeted resources,
LR1521(02) - Fiscal Note - Page 1 of 1