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Governor Signs Law Allowing Opt-Out Municipal Aggregations
An Act to Authorize Municipalities to Form Community Choice Aggregation Programs to Procure Electricity
Maine Governor Janet Mills has signs LD2112 that will allow municipalities to conduct opt-out electricity municipal aggregations.
As reported previously on April 6th the Maine House and Senate passed to be enacted LD 2112 (HP 1427) that if signed by the governor would allow municipalities to conduct opt-out electricity municipal aggregations.
Note also that The bill also would authorize the Houlton Band of Maliseet Indians, the Mi’kmaq Nation, the Penobscot Nation, and the Passamaquoddy Tribe to form opt-out CCAs with the same authority as municipalities.
Under LD 2112 municipalities must receive prior approval from the Maine PUC before it may offer opt-out aggregation. The new law grants the Maine PUC broad powers to adopt rules governing municipal aggregations. More specifically, the PUC must adopt CCA rules governing, “consumer protection and transparency requirements” but does not prescribe specific consumer protection details.
The following customers would also be excluded from opt-out enrollment onto a CCA:
- Retail supplier customers would be excluded from opt-out enrollment
- Customers participating in net energy billing pursuant to section 3209-A or 3209-B;
- Customers participating in a front of the meter distributed energy resource program pursuant to section 3209-I; and
- Customers receiving financial assistance for low-income households in accordance with section 3214, subsection 2, or participating in an arrearage management program pursuant to section 3214, subsection 2-A. Moreover CCAs would not be permitted to serve financial hardship customers if the CCA’s rate exceeds the utility’s standard offer rate.

