An Act To Create a Smart Grid Policy in the State
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 State currently lacks a comprehensive state policy on smart grid energy infrastructure but faces critical decisions regarding the implementation of smart grid technology and the creation of such a comprehensive smart grid policy; and
Whereas, the cost of electricity to consumers in the State is high compared with costs in similar markets elsewhere and impedes economic development in the State; and
Whereas, the State has recognized the consequences of climate change and has committed to policies to reduce emissions of greenhouse gases; and
Whereas, the State's electric grid and long-term infrastructure investment are vital to continued security and economic development, and a smart grid will deliver electricity from suppliers to consumers using modern technology to increase reliability, save energy, reduce costs and enable greater consumer choice; and
Whereas, smart grid functions hold great promise to reduce costs for consumers by improving efficiency and enhancing reliability for the benefit of ratepayers and the general public, and smart grid applications that are available now to serve the needs of customers in the State and other public interests should be implemented in a timely and responsible manner in consideration of all relevant factors; and
Whereas, it is vital that a comprehensive smart grid policy be developed to ensure that all ratepayers and the State as a whole are afforded the benefits of smart grid infrastructure; 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,
Sec. 1. 35-A MRSA §102, sub-§13, as amended by PL 1999, c. 579, §3, is further amended to read:
Nothing in this subsection precludes:
Sec. 2. 35-A MRSA §3143 is enacted to read:
§ 3143. Declaration of policy on smart grid infrastructure
It is the policy of the State to promote the development, implementation, availability and use of smart grid functions in accordance with this subsection in a manner that is consistent with applicable standards for reliability, safety, security and privacy and that takes into account the implementation of smart grid functions in other jurisdictions.
The commission may adopt rules regarding the implementation of smart grid functions in the State in accordance with this subsection, including, but not limited to, rules regarding cybersecurity and protection of consumer privacy, and access to smart grid infrastructure and information, including, but not limited to, open access issues, coordination between smart grid users and methods to address financial disincentives for transmission and distribution utilities to promote smart grid functions. Rules adopted pursuant to this subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2A.
Pursuant to standards adopted by rule or in an adjudicatory proceeding pursuant to this subsection, the commission may authorize no more than one smart grid coordinator within each transmission and distribution utility service territory. A smart grid coordinator authorized under this subsection may operate as a transmission and distribution utility, under a commission-approved contract with a transmission and distribution utility or in some other manner approved by the commission. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2A.
(1) Prioritizes the transition of the employees to employment within the transmission and distribution utility, to the extent feasible;
(2) Provides funds for worker education, training and support, including but not limited to tuition, fees, books, supplies, tools, equipment, child care, transportation and other assistance needed to obtain relevant remedial or prerequisite education or training, and maximizes the extent to which such education and training can be pursued while employed rather than after termination of employment;
(3) Demonstrates appropriate coordination with the Department of Labor; and
(4) Prevents unnecessary retraining and public assistance costs to the State, to the extent feasible.
For purposes of this subsection, "displaced employee" means an employee who is terminated from employment with a transmission and distribution utility; reduced to less than 75% of the hours traditionally required for the employee's position; involuntarily transferred to another position within the utility for less pay; or transferred to another position within the utility at a site more than 50 miles away from the employee's current site of employment.
Sec. 3. Report. As part of the report regarding smart grid policy implementation that is due February 1, 2011, pursuant to the Maine Revised Statutes, Title 35A, section 3143, subsection 9, the Public Utilities Commission shall report on the results or progress of any proceeding conducted pursuant to Title 35A, section 3143, subsection 5 and any recommendations regarding smart grid policy to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters. Following review of the commission's recommendations, the joint standing committee may submit a bill regarding smart grid policy to the First Regular Session of the 125th Legislature.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.