§ 35-A §3209-A — Net energy billing

The commission may adopt or amend rules governing net energy billing. Rules adopted or amended under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
1.
Definitions.
As used in this section, the following terms have the following meanings.
2.
Financial interest required.
The commission shall allow a customer to participate in net energy billing if the customer has a financial interest in a distributed generation resource or in a generation resource that has a net energy billing arrangement on the effective date of this section, including facility ownership, a lease agreement or a power purchase agreement.
2-A.
Billing term length.
An amendment, revision or reissuance of a net energy billing agreement made after June 1, 2025 may not include a delivery period end date that is later than the end date provided for in the agreement that is subject to the amendment, revision or reissuance.
3.
Shared financial interest for investor-owned utility customers; limitation.
Multiple customers of an investor-owned transmission and distribution utility that have distinct billing accounts with that utility may share a financial interest in a distributed generation resource under subsection 2. Any number of customers of an investor-owned transmission and distribution utility with a shared financial interest in a distributed generation resource may participate in net energy billing, except that the number of eligible customers or meters is limited to 10 for a shared financial interest in a distributed generation resource located in the service territory of an investor-owned transmission and distribution utility located in an area administered by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine unless the commission determines that the utility's billing system can accommodate more than 10 accounts or meters for the purpose of net energy billing.
4.
System size.
The nameplate capacity of a distributed generation resource that may be used for net energy billing must be less than 5 megawatts, except that, if a municipality is the customer participating in net energy billing, the nameplate capacity of a distributed generation resource located in that municipality that may be used for the net energy billing may be 5 megawatts or more, as long as less than 5 megawatts of metered electricity from the resource is used for net energy billing.
5.
Consumer protection.
To protect customers who participate in or are solicited to participate in a net energy billing arrangement based upon a shared financial interest in a distributed generation resource from fraud or unfair and deceptive business practices, a project sponsor:
6.
Enforcement.
The commission, through its own counsel or through the Attorney General, may apply to the Superior Court of any county of the State to enforce any lawful order made or action taken by the commission pursuant to subsection 5, paragraphs A to E, and the court may issue any preliminary or final order that the court determines proper. The commission may impose administrative penalties under chapter 15 upon a project sponsor and may order restitution for any party injured by a violation for which a penalty may be assessed pursuant to chapter 15. If the commission has reason to believe a project sponsor has violated subsection 5, paragraphs F to I, the commission shall report this information to the Attorney General for appropriate action. A violation of subsection 5 is a violation of the Maine Unfair Trade Practices Act.
7.
Applicability.
A distributed generation resource with a nameplate capacity of greater than 2 megawatts and not more than 5 megawatts may be used for net energy billing under this section only if the requirements of paragraph A, B or C are met and all the requirements of paragraphs D and are met.
8.
(REALLOCATED FROM T. 35-A, §3209-A, sub-§7) Unused kilowatt-hour credits; rules.
To the extent rules adopted under this section provide for the periodic expiration of unused kilowatt-hour credits accumulated by a customer participating in a net energy billing arrangement, the commission shall require by rule that each transmission and distribution utility with a net energy billing arrangement shall account for and, on or before April 1st of each year, remit the value of all unused kilowatt-hour credits that were accumulated and that expired during the prior calendar year to the administrators of the statewide low-income assistance plan and the individual low-income assistance programs as designated by the commission by rules adopted pursuant to section 3214, subsection 2 for the benefit of individuals receiving low‑income assistance in accordance with those rules. The rules adopted by the commission pursuant to this subsection must:
9.
Applicability to projects between one megawatt and 2 megawatts.
A distributed generation resource with a nameplate capacity of at least one megawatt and not more than 2 megawatts may be used for net energy billing under this section only if the requirements of paragraph A are met.
10.
Applicability; net energy billing agreement.
After December 31, 2025, the commission may not allow a transmission and distribution utility to enter into a net energy billing agreement with a distributed generation resource that is interconnected or planned to be interconnected to the distribution grid on the utility side of a customer's utility meter.
11.
Distributed energy resource program.
Notwithstanding any provision of this section to the contrary, after December 31, 2025, the commission may not allow a transmission and distribution utility to enter into a net energy billing agreement with a distributed generation resource that is interconnected or planned to be interconnected to the distribution grid on the utility side of a customer's utility meter.

Legislative History

PL 2011, c. 262, §1 (NEW). RR 2017, c. 1, §32 (COR). PL 2019, c. 16, §1 (AMD). PL 2019, c. 478, Pt. A, §3 (AMD). PL 2021, c. 107, §§1-3 (AMD). PL 2021, c. 370, §1 (AMD). PL 2021, c. 390, §1 (AMD). RR 2021, c. 1, Pt. A, §37 (COR). PL 2021, c. 659, §§17, 18 (AMD). PL 2021, c. 705, §13 (AMD). PL 2023, c. 230, §1 (AMD). PL 2023, c. 411, §2 (AMD). PL 2025, c. 50, §1 (AMD). PL 2025, c. 430, §§1-3 (AMD).