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An Act To Establish Energy Policy in Maine
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §10109, sub-§3-A, as enacted by PL 2015, c. 498, §1, is amended to read:
 
3-A. Payments.   The trust shall transfer funds to the commission $3,000,000 pereach year during fiscal years 2016-17, 2017-18 and 2018-19 in accordance with this subsection to be used by the commission for disbursements to affected customers. Affected customers who useAn affected customer who uses the entire disbursement received by that customer toward an efficiency measure approved by the trust in the fiscal year in which it is received must receive $1 of assistance from the trust for every $3 of the disbursement plus any additional customer funds that is applied by the affected customer toward the cost of the approved efficiency measure as long as the total of assistance from the trust and the disbursement allocated by the commission under this subsection for that customer for that fiscal year does not exceed 65% of the total measure cost.
 
For the purposes of this subsection, "affected customer" means a customer who is not primarily in the business of selling electricity, is receiving service at a transmission or subtransmission voltage level as defined in section 10110, subsection 6 within the electrical utility transmission system administered by an independent system operator of the New England bulk power system or a successor organization and is an energy-intensive manufacturer, as defined in reports prepared by the U.S. Energy Information Administration. The commission may also determine that a manufacturer not defined as an energy-intensive manufacturer in reports prepared by the U.S. Energy Information Administration is an affected customer if that manufacturer meets the other requirements of the definition under this subsection.
 
A. No later than November 1st of each applicable fiscal year, the commission shall direct funds totaling $3,000,000 pereach year during fiscal years 2016-17, 2017-18 and 2018-19 to be disbursed for the benefit of affected customers in proportion to their retail purchase of electricity as measured in kilowatt-hours for the prior calendar year. The total amount to be disbursed must be determined by the commission by multiplying the percentage of the affected customer's share of the annual load by the actual annual revenues resulting from the sale of carbon dioxide allowances under this section.
 
B. During fiscal years 2016-17, 2017-18 and 2018-19, an affected customer who receives a disbursement under this subsection is not eligible to receive financial or other assistance from the trust fund established in this section except as allowed under this subsection. This ineligibility does not apply to any trust program opportunity notices issued before July 1, 2016 or to any affected customer that elects, in writing to the commission, to opt out of receiving a disbursement under this subsection for the full period of fiscal years 2017-18 and 2018-19. The commission shall reduce the total amount to be disbursed under paragraph A as necessary to reflect the share of load represented by customers electing to opt out.
 
C. The commission shall include in its annual report pursuant to section 120, subsection 7 to the joint standing committee of the Legislature having jurisdiction over public utilities matters a description of the commission's activities in carrying out the requirements of this subsection, a list of affected customers receiving disbursements, a list of those who elected to use the disbursements toward efficiency measures and the results of the activities under this subsection.
 
SUMMARY
This bill amends the law regarding the transfer of funds from the Regional Greenhouse Gas Initiative Trust Fund to the Public Utilities Commission for the purpose of the commission's making disbursements to affected manufacturing customers in proportion to their retail purchase of electricity. The bill removes the requirement to transfer $3,000,000 per year and instead directs the commission to determine the total amount to be disbursed based on a percentage. The bill allows affected customers to opt out of receiving a disbursement. The bill requires an affected customer to use the entire amount disbursed by the commission toward the cost of an approved efficiency measure in order for the affected customer to be eligible to receive matching funds from Efficiency Maine Trust.