APPROVED CHAPTER
JUNE 20, 2023 230
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 226 - L.D. 509
An Act to Amend the Net Energy Billing Laws to Direct Expiring Net Energy
Billing Credits to Provide Low-income Assistance
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3209-A, sub-§8, as enacted by PL 2021, c. 370, §1 and
reallocated by RR 2021, c. 1, Pt. A, §37 and PL 2021, c. 659, §18 and c. 705, §13, is
amended to read:
8. 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, no earlier than April 1, 2022, each transmission and distribution utility with a
net energy billing arrangement that has implemented or elected to implement an arrearage
management program pursuant to section 3214, subsection 2‑A shall account for and, on
or before January 1st of each year, apply remit the value of all unused kilowatt-hour credits
that were accumulated and that expired during the prior calendar year to the commission
for the benefit of participants in the utility's arrearage management program individuals
receiving low-income assistance in accordance with section 3214, subsection 2. The rules
adopted by the commission pursuant to this subsection must:
A. Establish the manner by which a transmission and distribution utility must account
for unused kilowatt-hour credits that were accumulated by all customers of the utility
with net energy billing arrangements during the prior calendar year and that expired
during the prior calendar year; and
B. Establish the manner by which a transmission and distribution utility must apply
such unused kilowatt-hour credits for the benefit of participants in the utility’s
arrearage management program, which must be designed to result in each such
participant receiving as close to an equal amount of those credits except when the
credited amount would exceed the amount of a participant’s arrearage remit the value
of the unused and expired kilowatt-hour credits.
Notwithstanding any provision of this section to the contrary, rules adopted by the
commission pursuant to this subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2‑A.
Page 1 - 131LR1596(03)
 Sec. 2. 35-A MRSA §3214, sub-§2, as enacted by PL 1997, c. 316, §3, is amended
to read:
2. Low-income assistance. In order to continue existing levels of financial assistance
for low-income households and to meet future increases in need caused by economic
exigencies, the commission shall:
A. Receive funds collected by all transmission and distribution utilities in the State at
a rate set by the commission in periodic rate cases; and
B. Set initial funding for programs based on an assessment of aggregate customer need
in periodic rate cases. The funding formula may not result in assistance being counted
as income or as a resource in other means-tested assistance programs for low-income
households. To the extent possible, assistance must be provided in a manner most
likely to prevent the loss of other federal assistance.; and
C. Receive funds remitted by transmission and distribution utilities with net energy
billing arrangements for expired kilowatt-hour credits in accordance with section
3209-A, subsection 8.
Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made.
PUBLIC UTILITIES COMMISSION
PUC - Unused NEB Credits for Low-Income Assistance N452
Initiative: Provides allocation to establish a new program to use net energy billing credits
for low-income assistance.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
All Other $500 $500
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $500 $500
Page 2 - 131LR1596(03)


Statutes affected:
Bill Text LD 509, SP 226: 35-A.3209
Bill Text ACTPUB , Chapter 230: 35-A.3214