Bill Summary – FastDemocracy

APPROVED                  CHAPTER
                                                                      JULY 6, 2021                   402
                                                                    BY GOVERNOR                PUBLIC LAW
                                    STATE OF MAINE
                                             _____
                            IN THE YEAR OF OUR LORD
                         TWO THOUSAND TWENTY-ONE
                                             _____
                                    H.P. 245 - L.D. 347
 An Act To Facilitate Maine's Climate Goals by Encouraging Use of Electric
                                  Vehicles
Be it enacted by the People of the State of Maine as follows:
   Sec. 1. 35-A MRSA §10125, sub-§1, as enacted by PL 2019, c. 258, §1, is
amended by enacting at the end a new first blocked paragraph to read:
The trust may expend funds received under paragraphs A and C consistent with the
allowable uses of and any criteria or limitations placed upon the expenditure of those funds
by the sources of those funds.
    Sec. 2. 35-A MRSA §10126, sub-§1, ¶B, as enacted by PL 2019, c. 258, §1 and
reallocated by RR 2019, c. 1, Pt. A, §54, is repealed.
    Sec. 3. 35-A MRSA §10126, sub-§3, as enacted by PL 2019, c. 258, §1 and
reallocated by RR 2019, c. 1, Pt. A, §54, is amended to read:
     3. Rebate program established; eligibility. In accordance with the provisions of this
section, the trust shall establish and administer a program that provides rebates for the
purchase or lease of electric vehicles. A person may apply for and, as resources within the
fund allow, receive a rebate for an electric vehicle, subject to eligibility requirements
established by the trust. Eligibility criteria for the vehicle must include that the vehicle is:
an eligible a battery electric vehicle or plug-in hybrid electric vehicle; purchased, or leased
from its original equipment manufacturer or an authorized licensee of the original
equipment manufacturer or a licensed automobile dealer for a term of 36 months or more,
in the State; and registered in the State, except that a vehicle is not eligible if it has a gross
vehicle weight rating of 6,000 pounds or less, is not a truck or an off-road vehicle and has
a manufacturer's suggested retail price greater than $50,000. To the extent funds are
available, the trust may extend program eligibility to medium duty vehicles and heavy duty
vehicles that are battery electric vehicles or plug-in hybrid electric vehicles. Eligibility
requirements for the recipient of the rebate must include that the recipient attests to a
commitment to retain ownership, whether through purchase or lease, of the eligible electric
vehicle for at least 36 months from the date of purchase or lease. The trust may require a
recipient of a rebate under this section who does not retain ownership of the eligible electric
vehicle for at least 36 months to repay the trust up to the full amount of the rebate.
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The trust shall establish the rebate amount for each eligible electric vehicle. The trust shall
establish rebate amounts that it determines most effectively increase the purchase of
eligible electric vehicles. For each model of an eligible electric vehicle, the trust may
establish different rebate amounts based on the size of the vehicle battery. The trust may
establish different rebate amounts for the purpose of providing reasonable opportunity for
participation in the program across different customer groups and geographic areas. The
trust may establish reasonable limits on the number of rebates per vehicle or per person.
    Sec. 4. Public Utilities Commission; inquiry regarding establishment of
alternative rates to support electric vehicle charging stations. The Public Utilities
Commission shall open an inquiry to review alternative rate structures to support electric
vehicle charging stations for nonresidential applications, including, but not limited to, for
light duty vehicles, medium duty vehicles, heavy duty vehicles and transit and other fleet
vehicles.
     1. As part of the inquiry, the commission shall direct each transmission and distribution
utility in the State to develop and submit by November 1, 2021 one or more proposed rate
schedules to support the installation and sustainable operation of existing and new electric
vehicle charging stations and shall accept public comment on such rate schedules, including
any proposals for such rate schedules, both in advance of and during its review of the
proposed rate schedules submitted by each utility. A rate schedule proposed by a
transmission and distribution utility must:
    A. Be designed to support electric vehicle charging and align with and support relevant
    strategies of the State's climate action plan adopted and updated under the Maine
    Revised Statutes, Title 38, section 577 and to help achieve the State's greenhouse gas
    emissions reduction levels under Title 38, section 576-A; and
    B. Include an evaluation of the relative direct and indirect costs and benefits associated
    with each proposed rate and must account for varying scenarios of electric vehicle
    adoption and usage.
    2. The commission shall review all proposed rate schedules submitted by transmission
and distribution utilities and, using the information provided by the utilities and any other
information available to the commission, including any submitted public comments or
proposals, shall evaluate the costs and benefits of the proposed schedules and develop
recommendations regarding the establishment of alternative rate structures to support
electric vehicle charging stations for nonresidential applications. In developing
recommendations, the commission shall consider clean transportation recommendations
included in the State's climate action plan, as adopted and updated under the Maine Revised
Statutes, Title 38, section 577, or any reports or recommendations issued by a state
department or agency relating to clean transportation or electric vehicle infrastructure and
use, as well as the results of any completed or ongoing pilot program in the State related to
electric vehicle charging.
    3. On or before February 15, 2022, the commission shall submit a report to the Joint
Standing Committee on Energy, Utilities and Technology regarding its findings from the
inquiry under this section and any recommendations, including any proposed legislation,
regarding the establishment of alternative rate structures to support electric vehicle
charging stations for nonresidential applications. After reviewing the report, the joint
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standing committee may report out legislation related to the commission's report to the
130th Legislature.
    4. No earlier than April 1, 2022, the commission shall approve, approve with
modifications or reject a rate schedule proposed by a transmission and distribution utility
pursuant to subsection 1 and reviewed by the commission pursuant to subsection 2. If the
commission rejects a proposed schedule, the commission may either order the utility to
implement a rate schedule established by the commission that meets the requirements of
subsection 1 or direct the utility to submit a new proposed schedule that meets the
requirements of subsection 1.
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Statutes affected: 
Bill Text LD 347, HP 245: 35-A.3152
Bill Text ACTPUB , Chapter 402: 35-A.10125, 35-A.10126