Maine LD 507: An Act To Improve Consumer Protections For Community Solar Projects

Bill Text

Page 1 - 130LR0444(03)
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 370 - L.D. 507
An Act To Improve Consumer Protections for Community Solar Projects
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3209-A, sub-§1, ¶D is enacted to read:
D. "Project sponsor" means an entity or its successor or assignee that solicits customers
to participate in a net energy billing arrangement based upon a shared financial interest
in a distributed generation resource.
Sec. 2. 35-A MRSA §3209-A, sub-§5 is enacted to read:
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:
A. Must obtain a customer's explicit affirmative authorization before serving the
customer;
B. Must provide to a residential customer such information as the commission may
require by rule or order in a standard disclosure form before entering into an agreement
with the residential customer to participate in a net energy billing arrangement based
upon a shared financial interest in a distributed generation resource;
C. Must allow a customer to rescind the customer's decision to participate in a net
energy billing arrangement based upon a shared financial interest in a distributed
generation resource, as long as the customer requests such rescission orally or in
writing within 5 days of the customer's receipt of the first bill or invoice under the
arrangement that the customer is responsible for paying in full;
D. May not collect or seek to collect unreasonable costs from a customer who is in
default;
E. Must comply with any other applicable standards or requirements adopted by the
commission by rule or order;
F. May not release to any other entity, other than for purposes of debt collection or
credit reporting pursuant to state and federal law or to law enforcement agencies
APPROVED
JUNE 8, 2021
BY GOVERNOR
CHAPTER
107
PUBLIC LAW

Page 2 - 130LR0444(03)
pursuant to lawful process, any personal information regarding a customer, including
name, address, telephone number and usage and historical payment information,
without the explicit affirmative consent of the customer;
G. Must comply with the Maine Unfair Trade Practices Act;
H. Must comply with all applicable provisions of the federal Equal Credit Opportunity
Act, 15 United States Code, Sections 1691 to 1691f; and
I. Must comply with all federal and state laws, federal regulations and state rules
regarding the prohibition or limitation of telemarketing.
Sec. 3. 35-A MRSA §3209-A, sub-§6 is enacted to read:
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.
Sec. 4. Net energy billing; consumer protection rules. Notwithstanding the
Maine Revised Statutes, Title 35-A, section 3209-A, rules initially adopted by the Public
Utilities Commission to implement this Act are routine technical rules as defined in Title
5, chapter 375, subchapter 2-A. Amendments or changes to those rules after that initial
adoption are major substantive rules in accordance with Title 35-A, section 3209-A.
Sec. 5. Appropriations and allocations. The following appropriations and
allocations are made.
PUBLIC UTILITIES COMMISSION
Public Utilities - Administrative Division 0184
Initiative: Provides allocations for one Staff Attorney position and 2 Senior Consumer
Assistance Specialist positions and associated All Other costs.
OTHER SPECIAL REVENUE FUNDS 2021-22 2022-23
POSITIONS - LEGISLATIVE COUNT 3.000 3.000
Personal Services $239,384 $332,704
All Other $24,339 $24,583
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OTHER SPECIAL REVENUE FUNDS TOTAL $263,723 $357,287