An Act to Promote Economic Development in the State by Encouraging the Production of Electricity from Renewable and Indigenous Resources LR2811(02)
Maine Legislature, Session 121, LD 1929
Committee Amendment CA_A_H886 (House)
Amends: 35-A MRSA §3210, 35-A MRSA §3212

COMMITTEE AMENDMENT ,A" to H.P. 1429, L.D. 1929, Bill, "An 
Act To Promote Economic Development in the State by Encouraging 
the 
Production of Electricity 
from 
Renewable 
and 
Indigenous 
Resources" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
, Sec. 1. 35-A MRSA §3210, sub-§7 is enac ted to read: 
7. 
Information. 
The commission shall inform electricity 
consumers in this State of the benefits of electricity generated 
in this State using renewable resources and of the opportunities 
available in this State to purchase electricity that is generated 
using 
those 
resources. 
The 
commission 
may 
not 
promote 
any 
renewable resources over others. 
The commission may apply for, 
receive and expend grant money from the United States Department 
of 
Energy 
and 
other 
government 
agencies 
for 
this 
purpose. 
Notwithstanding section 3211-A, subsection 5, the commission also 
may use up to $100, 000 per year from the conservation program 
fund established under section 32ll-A, subsection 5 to support 
the purposes of this subsection. The commission may create or 
cause to be created a brand or logo to identify Maine renewable 
resources to consumers. 
The commission shall register any mark 
or logo created pursuant to this subsection with the United 
States Patent and Trademark Office or in accordance with Title 
10, chapter 301-A, or both. 
Any brand or logo created pursuant 
to this subsection may 
only be used in accordance with the 
purposes of this subsection as approved by the commission. 
Sec. 2. 35-A MRSA §3212, sub-§4-A is enacted to read: 
. COMMITTEE AMENDMENT 
, 
., 
COMMITTEE AMENDMENT t~" to H.P. 1429, L.D. 1929 
4-A. 
Renevables; hedging. 
The commission shall adopt rules 
establishing standards and procedures for incorporating renewable 
resources 
that 
are 
constructed 
after 
March 
1. 
2004 
into 
standard-offer 
service. 
The 
rules 
must 
provide 
for 
the 
incorporation of such resources if the commission finds that the 
incorporation will reduce the risk of price volatility, offer an 
effective hedging strategy and provide a competitively priced 
supply 
option. 
The 
commission 
may 
enter 
into 
or 
require 
standard-offer providers chosen by a competitive bidding process 
to enter into contracts with appropriate terms in order to 
achieve 
the purposes of this subsection consistent with the 
legislative findings established in chapter 34 and rules adopted 
pursuant to this subsection. 
For purposes of this subsection, 
"renewable resources" has the same meaning as in section 3210, 
subsection 2. 
Rules adopted pursuant to this subsection are 
major substantive rules, as defined in Title 5, chapter 375, 
subchapter 2-A, 
and must be submitted to the Legislature for 
review by March 1, 2005. 
Sec.3. 35-A MRSA c. 34 is enacted to read: 
CBAP'l'ER 34 
THE MA.INE WIRD EHERGY ACT 
§340l. 
Short title 
This chapter may be 
known and cited as "the Maine Wind 
Energy Act. " 
§3402. 
Legislative findings 
The Legislature finds that it is in the public interest to 
explore opportunities for and encourage the development, where 
appropriate, of wind energy production in the State in a manner 
that is consistent with high environmental standards and that 
achieves reliable, cost-effective, sustainable energy production 
on those sites in the State that will attract investment and 
permit the development of viable wind energy projects. 
The 
Legislature 
finds 
that 
the 
development 
of 
the 
wind 
energy 
potential in the State needs to be integrated into the existing 
energy supply and transmission systems in a way that achieves 
system reliability, total capital cost-effectiveness and optimum 
short-term and long-term benefits to Maine people. 
§3402. 
Specific measures to sypport wind energy 
1. 
Monitoring. 
The commission shall monitor electricity 
markets 
and sale opportunities physically accessible to wind 
power installations in this State to determine whether 
such 
COMMITTEE AMENDMENT 
• 
• 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1429, L.D. 1929 
markets and opportuni ties are available for the sale of wind 
energy in accordance with federal and state law. 
2. 
Legal action. 
After 
consultation with 
the 
Attorney 
General, the commission may initiate regulatory and other legal 
action to protect access to markets by wind power facilities 
located in the State. 
Sec. 4. Wind power study. 
The Public Utilities Commission 
shall conduct a study of the viability of and potential for the 
development 
of 
wind 
power 
facilities 
in 
this 
State. 
In 
conducting the study, the commission shall examine at least the 
following: 
1. 
The total realistic development potential and associated 
costs of wind power in the State; 
2. 
Potential sites for wind power development, in order to 
identify such sites; 
3. 
Available markets both in and out of this State for 
sales of potential power generated by wind power development in 
this State; 
4. 
Transmission 
realize the potential 
and potential costs of 
modifications that may 
be 
required to 
for wind power development in this State 
and obstacles to such modifications; 
5. 
The 
impact 
of potential wind 
power 
development 
on 
existing electric generation resources in this State and total 
system impacts, including those related to the integration of 
such 
development 
into 
existing 
generation 
and 
transmission 
systems; 
6. 
Obstacles to wind power development in this State; 
7. 
Methods of mitigating the cost to Maine ratepayers of 
renewable portfolio requirements; 
8. 
In consultation with appropriate governmental agencies, 
financing 
or 
incentive 
mechanisms 
to 
support 
wind 
power 
development, 
including Pine Tree Development 
Zone 
incentives, 
financing through the Finance Authority of Maine, the possible 
use of the ·conservation program fund established in the Maine 
Revised 
Statutes, 
Title 
35-A, 
section 
3211-A 
to 
provide 
capitalization resources to the Finance 'Authority of Maine and 
other state agencies that might provide financing; 
9. 
The potential benefits and costs of siting wind power 
development on lands in this State owned by federally recognized 
COMMITTEE AMENDMENT 
,.. 
~ 2 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1429, L.D. 1929 
Indian 
tribes 
in 
this 
State, 
including 
consideration 
of 
financing, siting and all other issues relating to wind power 
development that are examined by the commission pursuant to this 
study; and 
10. 
Such other issues regarding the development of wind 
power in this State as the commission determines important. 
In 
light 
of 
emerging 
and 
changing 
technologies, 
the 
commission 
shall 
also 
review 
what 
qualifies 
as 
renewable 
resources under Title 35-A, section 3210, subsection 2 and may 
make suggestions for changes to the definition of that term. 
The 
commission 
shall 
consult 
with 
all 
agencies 
it 
determines 
necessary in order to adequately carry out the study required 
under this section. 
The commission shall propose methods of 
accomplishing the goal of cost-effective wind energy development 
in this State, while mitigating the financial risk to Maine 
ratepayers and maintaining high standards of protection for the 
State's environment. 
The commission shall submit a report of its 
findings and recommendations to the joint standing committee of 
the Legislature having jurisdiction over utilities and energy 
matters by March 15, 2005.' 
SUMMARY 
This 
amendment 
replaces 
accomplishes the following. 
the 
bill. 
The 
amendment 
1. 
It directs the Public Utilities Commission to inform 
consumers in this State of the benefits of electricity generated 
in this State using 
renewable 
resources 
and 
authorizes 
the 
commission to create a brand or logo to identify such resources. 
2. 
It directs the Public Utilities Commission to adopt 
major substantive rules establishing standards and procedures for 
incorporating 
renewable 
resources 
that are 
constructed after 
March 1, 2004 into standard-offer service. 
The rules must be 
submitted for legislative review by March 1, 2005. 
3. 
It establishes legislative findings with regard to wind 
energy production in this State. 
4. 
It directs the Public Utili ties Commission to monitor 
markets 
and 
sale 
opportunities 
accessible 
to 
wind 
power 
installations in this State to determine whether such markets and 
opportunities are available for the sale of wind energy and 
authorizes the 
commission, 
in consultation with the Attorney 
General, to initiate regulatory and other legal action to protect 
access to markets by wind power facilities located in Maine. 
COMMITTEE AMENDMENT 
~. 
COMMITTEE AMENDMENT '4''' to H.P. 1429, L.D. 1929 
5. 
It directs the Public Utilities Commission to conduct a 
study of the viable potential for wind power facilities in the 
State and to review what qualifies as renewable resources in the 
Maine Revised Statutes, Title 35-10. to determine whether changes 
may be appropriate and to issue a report of its findings and 
recommendations by March 15, 2005. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
/ 
Fiscal Detail and Notes 
Approved: 04/07/04 :;:!;Yae. 
Office of Fiscal and Program Review 
LD 1929 
An Act to Promote Economic Development in the State by Encouraging 
the Production of Electricity from Renewable and Indigenous Resources 
LR2811(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The costs to adopt rules and conduct a study can be absorbed by the Public Utilities Commission utilizing existing 
budgeted resources. 
LR2811(2) - Fiscal Note - Page 1 of 1