Energy storage law will encourage investments in energy storage facilities and attract new industry

The Maine State Chamber is pleased to report that the Legislature passed LD 2030, An Act Regarding the Taxation of Energy Storage Facilities Equipment. Sponsored by Rep. Maureen Terry (D-Gorham), the bill became Public Law c. 758, without the Governor Janet Mills’ signature.

As originally drafted, the bill would have created an exemption from sales and use tax for the sale of commercial energy storage facilities and related integral parts and materials for construction of such a system. The bill would have also qualified these types of facilities for the Business Equipment Tax Exemption (BETE) program. The bill was amended in committee to remove the provision relating to BETE, but to keep the sales and use tax exemption. The bill received an 8-5 bi-partisan majority “ought to pass” vote in the Taxation committee. Therefore, one would think that it would not face much opposition on the floor, but that wasn’t the case.

The majority report failed in its first vote in the House, 56-71. However, with much work, another amendment was offered – this time to provide for a refund of the sales and use tax on the sales tax paid on purchases of qualified battery energy storage systems. After that, the Senate voted to finally pass the bill with a 32-1 vote, with the Senate chair of the Taxation committee, Sen. Ben Chipman (D-Cumberland), as the lone opposing vote. It went back to the House in non-concurrence, and the House voted 82-54 to recede and concur.

The Maine State Chamber would like to thank Rep. Terry for sponsoring this legislation and all the legislators who voted for its passage. If you have any questions, please contact Linda Caprara by calling (207) 623-4568, ext. 106, or by emailing [email protected].