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§3209-E
Title 35-A: PUBLIC UTILITIES
Part 3: ELECTRIC POWER
Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING
§3209-G

§3209-F. Net energy billing project charge for certain distributed generation projects

1.  Net energy billing project charge defined.  As used in this section, "net energy billing project charge" means a monthly fee determined by the commission by rule in accordance with this section that a transmission and distribution utility must use to offset distribution costs associated with net energy billing arrangements under sections 3209‑A and 3209‑B that would otherwise be paid by ratepayers, as determined by the commission.  
[PL 2025, c. 430, §9 (NEW).]
2.  Net energy billing project charge; applicability.  Except as provided in subsection 5, the commission shall require a transmission and distribution utility to assess each distributed generation resource participating in net energy billing with a shared financial interest customer in accordance with section 3209‑A, subsection 3. The commission shall adopt rules to determine the net energy billing project charges applicable to distributed generation resources described in subsection 3 and establish a process by which a transmission and distribution utility must apply net energy billing project charges against costs associated with net energy billing.  
[PL 2025, c. 430, §9 (NEW).]
3.  Initial net energy billing project charge.  Beginning January 1, 2026, the initial monthly net energy billing project charge established by the commission must be:  
A. For a distributed generation resource with a nameplate capacity of 3 megawatts or more and less than 5 megawatts, $6.00 multiplied by the nameplate capacity of the distributed generation resource in kilowatts;   [PL 2025, c. 430, §9 (NEW).]
B. For a distributed generation resource with a nameplate capacity of one megawatt or more and less than 3 megawatts, $2.80 multiplied by the nameplate capacity of the distributed generation resource in kilowatts; and   [PL 2025, c. 430, §9 (NEW).]
C. For a distributed generation resource with a nameplate capacity of less than one megawatt, zero.   [PL 2025, c. 430, §9 (NEW).]
[PL 2025, c. 430, §9 (NEW).]
4.  Adjustment of net energy billing project charge; compensation.  The commission shall periodically by rule increase the initial net energy billing project charge to account for increases in transmission and distribution rates. Compensation to a distributed generation resource related to transmission and distribution rate credits may not increase by more than 2.25% per year.  
[PL 2025, c. 430, §9 (NEW).]
5.  Exceptions.  A distributed generation resource is exempt from the net energy billing project charge established in this section if the distributed generation resource demonstrates in a manner satisfactory to the commission that the distributed generation resource is:  
A. Wholly owned by the customer or customers receiving the net energy billing credits associated with the output of the distributed generation resource; or   [PL 2025, c. 430, §9 (NEW).]
B. Wholly owned by a cooperative corporation organized under Title 13, chapter 85.   [PL 2025, c. 430, §9 (NEW).]
[PL 2025, c. 430, §9 (NEW).]
6.  Rules.  The commission shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.  
[PL 2025, c. 430, §9 (NEW).]
SECTION HISTORY
PL 2025, c. 430, §9 (NEW).
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