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An Act To Protect Electric Ratepayers from Gross Output Metering Costs
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the Public Utilities Commission has recently changed the rules governing net energy billing in a way that discourages customers from generating and consuming their own renewable energy; and
Whereas,  the costs and complexities of implementing these rule changes are disruptive to customers; and
Whereas,  passage of this legislation as emergency legislation will protect electricity customers from additional costs; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3209-A, as corrected by RR 2017, c. 1, §32, is repealed and the following enacted in its place:
§ 3209-A. Net energy billing
An eligible customer may elect net energy billing for the customer's accounts or meters in accordance with this section.
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Eligible customer" means a person or an entity that takes electricity service through a transmission and distribution utility and that owns or has an interest in an eligible facility located in that transmission and distribution utility's service territory.
 
B.  "Eligible facility" means an electric generating facility that meets eligibility requirements established by the commission by rule.
 
C.  "Gross output" means all of the energy generated by an eligible facility during an applicable period, including all energy that is used to offset the usage of eligible customers.
 
D.  "Net energy" means the difference between the kilowatt-hours delivered by the transmission and distribution utility to an eligible customer over a billing period and the kilowatt-hours exported by the customer from an eligible facility to the transmission and distribution system over the same billing period.
 
E.  "Net energy billing" means a billing and metering practice under which eligible customers are billed on the basis of net energy over the billing period taking into account accumulated unused kilowatt-hour credits from the previous billing period.
 
F.  "Total retail rate" means, with respect to an eligible customer's bill during a billing period, the sum of the rate charged for any kilowatt-hours supplied through standard-offer or competitive electricity provider service and the rate charged by the transmission and distribution utility for its service to that eligible customer.
 
2.  Billing; metering; data collection.     A transmission and distribution utility:
 
A.  Shall credit all kilowatt-hours exported from an eligible facility to the transmission and distribution system over a billing period by an eligible customer participating in net energy billing at the total retail rate for that electricity; and
 
B.  May not require an eligible customer to meter the gross output of an eligible facility or to have a meter installed to record gross output in order to participate in net energy billing but may collect gross output data from an eligible customer if a meter to record gross output of the eligible customer's eligible facility was installed prior to the effective date of this section.
 
3.  Rules.     The commission shall adopt rules governing net energy billing to implement this section. Rules adopted or amended under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. Rulemaking. The Public Utilities Commission shall amend its net energy billing rules within 90 days of the effective date of this Act to conform with the changes to the Maine Revised Statutes, Title 35-A, section 3209-A under this Act.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill prohibits a transmission and distribution utility from requiring a customer to meter the gross output of a facility for net energy billing purposes and from requiring a customer to have a meter installed to measure gross output in order to participate in net energy billing. The bill requires that a net energy billing customer be credited for kilowatt-hours exported from an eligible facility at the total retail rate for electricity. It allows a transmission and distribution utility to collect data on gross output only if a meter to measure gross output was installed prior to the effective date of this legislation. Finally, it requires the Public Utilities Commission to amend its rules to conform with the changes made in this legislation within 90 days of the effective date.