Printed on recycled paper 132nd MAINE LEGISLATURE FIRST REGULAR SESSION-2025 Legislative Document No. 450H.P. 304House of Representatives, February 4, 2025 An Act to Lower Electricity Costs by Repealing the Laws Governing Net Energy Billing Reference to the Committee on Energy, Utilities and Technology suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative LIBBY of Auburn. Cosponsored by Representatives: BISHOP of Bucksport, MORRIS of Turner, WADSWORTH of Hiram. Page 1 - 132LR0349(01) 1 2 as enacted by PL 2021, c. 705, §2, is amended 3 by amending the first blocked paragraph to read: 4 "Assisted project" does not include a project for which the Public Utilities Commission 5 approved a term sheet or contract or otherwise provided project-specific authorization or 6 approval pursuant to Title 35-A on or before June 29, 2021 or a project that is participating 7 in net energy billing and that meets the requirements of Title 35-A, section 3209-A, 8 subsection 7 or Title 35-A, section 3209-B. 9 as amended by PL 2023, c. 230, §1 and c. 411, §2, 10 is repealed. 11 as amended by PL 2023, c. 411, §§3 and 4, is 12 repealed. 13 as enacted by PL 2023, c. 411, §5 and corrected by 14 RR 2023, c. 2, Pt. A, §55, is repealed. 15 as enacted by PL 2023, c. 411, §6, is 16 repealed and the following enacted in its place: 17 A. "Distributed generation resource" means an electric generating facility that uses a 18 renewable fuel or technology under section 3210, subsection 2, paragraph is 19 located in the service territory of a transmission and distribution utility in the State, has 20 a nameplate capacity of at least one megawatt and not more than 2 megawatts and: 21 (1) Is a member of a cluster study conducted by the transmission and distribution 22 utility with which the distributed generation resource is seeking to interconnect; or 23 (2) Received required transmission approval from the New England independent 24 system operator on or before April 30, 2024. 25 as enacted by PL 2023, c. 411, §6, is 26 repealed. 27 as enacted by PL 2023, c. 411, §7, is repealed. 28 is enacted to read: 29 30 The commission may not by rule or order require a transmission and distribution utility 31 to allow a customer to participate in net energy billing. For the purposes of this section, 32 "net energy billing" means a billing and metering practice under which a customer of a 33 transmission and distribution utility has the ability to receive a bill credit or other 34 adjustment of the customer's transmission and distribution service bill by delivering 35 electricity to the transmission and distribution utility from an electric generating facility 36 owned or operated by that customer or in which that customer has a financial interest that 37 is located in the service territory of the transmission and distribution utility in the State. 38 as amended by PL 2023, c. 230, §2, is 39 further amended to read: Page 2 - 132LR0349(01) 1 B. Set initial funding for programs based on an assessment of aggregate customer need 2 in periodic rate cases. The funding formula may not result in assistance being counted 3 as income or as a resource in other means-tested assistance programs for low-income 4 households. To the extent possible, assistance must be provided in a manner most 5 likely to prevent the loss of other federal assistance; and. 6 as enacted by PL 2023, c. 230, §2, is 7 repealed. 8 as enacted by PL 2021, c. 604, §3, is 9 amended to read: 10 C. Satisfy the limits on net generating capacity established in subsection 2, paragraph 11 A; and 12 as amended by PL 2023, c. 353, §5, is 13 further amended to read: 14 D. Be highly efficient, as determined by the commission on a technology-specific 15 basis; and. 16 as enacted by PL 2021, c. 604, §3, is 17 repealed. 18 as enacted by PL 2023, c. 682, §3, is 19 amended to read: 20 V. For property tax years beginning on or after April 1, 2025, solar energy equipment 21 that generates heat or electricity if: all of the energy is used on the site where the 22 property is located. 23 ( 1) All of the energy is used on the site where the property is located; 24 ( 2) The equipment is collocated with a net energy billing customer that is or net 25 energy billing customers that are subscribed to at least 50% of the facility's output; 26 or 27 ( 3) All of the energy is transmitted through the facilities of a transmission and 28 distribution utility and a utility customer or customers receive a utility bill credit 29 for the energy generated by the equipment pursuant to Title section 30 or 3209‑B and the generator of electricity entered into a fully executed 31 interconnection agreement with a transmission and distribution utility prior to June 32 1, 2024. 33 On or before April 1st of the first property tax year for which a taxpayer claims an 34 exemption under this paragraph, the taxpayer claiming the exemption shall file a report 35 with the assessor. The report must identify the property for which the exemption is 36 claimed and must be made on a form prescribed by the State Tax Assessor or a 37 substitute form approved by the State Tax Assessor. The State Tax Assessor shall 38 furnish copies of the form to each municipality in the State and make the forms 39 available to taxpayers. 40 41 amended to read: Page 3 - 132LR0349(01) 1 L. For property tax years beginning on or after April 1, 2025, solar energy equipment 2 that generates heat or electricity if: all of the energy is used on the site where the 3 property is located. 4 ( 1) All of the energy is used on the site where the property is located; 5 ( 2) The equipment is collocated with a net energy billing customer that is or net 6 energy billing customers that are subscribed to at least 50% of the facility's output; 7 or 8 ( 3) All of the energy is transmitted through the facilities of a transmission and 9 distribution utility and a utility customer or customers receive a utility bill credit 10 for the energy generated by the equipment pursuant to Title section 11 or 3209‑B and the generator of electricity entered into a fully executed 12 interconnection agreement with a transmission and distribution utility prior to June 13 1, 2024. 14 On or before April 1st of the first property tax year for which a taxpayer claims an 15 exemption under this paragraph, the taxpayer claiming the exemption shall file a report 16 with the assessor. The report must identify the property for which the exemption is 17 claimed and must be made on a form prescribed by the State Tax Assessor or a 18 substitute form approved by the State Tax Assessor. The State Tax Assessor shall 19 furnish copies of the form to each municipality in the State and make the forms 20 available to taxpayers. 21 as enacted by PL 1999, c. 286, §1, is repealed. 22 23 This bill repeals the laws that authorize the Public Utilities Commission to adopt rules 24 governing net energy billing and that direct the commission to establish a net energy billing 25 program for commercial and institutional customers of investor-owned transmission and 26 distribution utilities. It prohibits the commission from adopting rules that require a 27 transmission and distribution utility to allow a customer to participate in net energy billing. 28 The bill also amends the laws that reference the net energy billing programs repealed by 29 this bill, including repealing the provisions of law that provide for real estate and personal 30 property tax exemptions for solar energy equipment used in connection with net energy 31 billing customers. 23 24 25 26 27 28 29 30 31