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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 459
H.P. 1122 - L.D. 1586

An Act To Encourage the Use of Solar Energy

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 35-A MRSA §3211-A, sub-§4, ¶B, as enacted by PL 2001, c. 624, §4, is amended to read:

     Sec. 2. 35-A MRSA §3211-B is enacted to read:

§3211-B. Solar energy rebate program; fund

     1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

     2. Solar energy rebate program. To the extent that funds are available in the fund established in subsection 3, an owner or tenant of residential or commercial property located in the State is entitled to a rebate for a qualified solar energy system that is installed in accordance with this subsection after July 1, 2005 that will be connected to the electrical grid.

In the case of a newly constructed residence, the rebate must be available to the original owner or occupant.

     3. Funding level; fund. The commission shall assess transmission and distribution utilities to collect funds for the solar energy rebate program in accordance with this subsection. The amount of all assessments by the commission under this subsection must result in total program expenditures by each transmission and distribution utility that do not exceed 0.005 cent per kilowatt-hour. To the extent practicable, the commission shall establish and collect the assessment in a manner that is consistent with the assessment made under section 3211-A. The commission shall establish a solar energy rebate program fund to be used solely for the purposes of this section. All assessments made under this subsection are deposited in the fund. Any interest on funds in the fund must be credited to the fund. Funds not spent in any fiscal year remain in the fund to be used for the purposes of this section. In each fiscal year, 25% of the fund is allotted to solar photovoltaic system rebates and 75% of the fund is allotted to solar thermal system rebates.

     4. Rules. The commission shall adopt rules necessary to implement the provisions of this section, including procedures and standards for demonstrating qualification for a rebate under this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

     5. Report. The commission shall report by December 1st of each year to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters a description of actions taken by the commission pursuant to this section during the prior 12 months.

     6. Limitation to residents of State; repeal. Participation in the solar energy rebate program and fund established in this section is limited to residents of the State. This section is repealed December 31, 2008.

     Sec. 3. Standards. The Public Utilities Commission in establishing procedures and standards for demonstrating qualification for a rebate under the Maine Revised Statutes, Title 35-A, section 3211-B shall allow a person to demonstrate the date a system was installed by the date of a net metering arrangement with a transmission and distribution utility or a dated bill of sale for the system.

     Sec. 4. Appropriations and allocations. The following appropriations and allocations are made.

PUBLIC UTILITIES COMMISSION
Solar Rebate Program Fund (new)
Initiative: Allocates funds for the Solar Rebate Program Fund Other Special Revenue account.
OTHER SPECIAL REVENUE
FUNDS     2005-06     2006-07

     __________     __________
OTHER SPECIAL REVENUE
FUNDS TOTAL               $500,000     $500,000

Conservation Program Fund 0967
Initiative: Provides an offsetting deallocation to the conservation program fund established under the Maine Revised Statutes, Title 35-A, section 3211-A.
OTHER SPECIAL REVENUE
FUNDS     2005-06     2006-07

     __________     __________
OTHER SPECIAL REVENUE
FUNDS TOTAL               ($500,000)     ($500,000)

PUBLIC UTILITIES COMMISSION
DEPARTMENT TOTALS     2005-06     2006-07

     __________     __________
DEPARTMENT TOTAL -
ALL FUNDS               $0     $0

Effective September 17, 2005.

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