An Act To Promote Municipal Wind Generation Development
Maine Legislature, Session 123, LD 2266
Committee: Utilities and Energy
Sponsors: MARTIN, BLISS, BARTLETT
Amends: 5 MRSA §1764, 5 MRSA §3327, 30-A MRSA §5401, 35-A MRSA §3404, 35-A MRSA §3751, 35-A MRSA §3908

Legislative Document 
No. 2266 
S.P.893 
March 20, 2008 
An Act To Promote Municipal Wind Generation Development 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative BLISS of South Portland and Senator: BARTLETT of 
Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §1764, sub-§3, ~, as repealed and replaced by PL 1977, c. 
563, §2, is amended to read: 
D. 
The variable occupancy and operating conditions of the facility and subportions 
of the facility; ami 
Sec. 2. 5 MRSA §1764, sub-§3, ~, as amended by PL 1997, c. 541, §2, is 
further amended to read: 
E. 
Energy consumption analysis of the major equipment of the facility's heating, 
ventilating and cooling system, lighting system, hot water system and all other major 
energy-consuming equipment and systems as appropriate. This analysis must include: 
(1) The comparison of alternative systems; 
(2) A projection of the annual energy consumption of major energy-consuming 
equipment and systems for a range of operations of the facility over the life of the 
facility; and 
(3) The evaluation of the energy consumption of component equipment in each 
system, considering operation of the components at other than full or rated 
outputs~; and 
Sec. 3. 5 MRSA §1764, sub-§3, V is enacted to read: 
F. 
The cost-effectiveness of integrating wind or solar electricity generating 
equipment into the design and construction of the facility. 
Sec. 4. 5 MRSA §3327, sub-§7 is enacted to read: 
7. 
Wind and other energy planning assistance for municipalities and 
electrification cooperatives. 
The council shall develop information resources and 
coordinate the activities of member agencies to assist the State's political subdivisions and 
rural electrification cooperatives to develop, design, construct, install and finance wind 
and other renewable electricity generation projects to the extent possible using available 
financing incentives under federal and state law. The council shall form an advisory 
group of persons with relevant expertise and experience to advise the council in 
undertaking its responsibilities under this subsection. 
In its annual report submitted 
pursuant to subsection 4, the council shall describe its activities pursuant to this 
I 
subsection. 
Sec. 5. 5 MRSA §3327, sub-§8 is enacted to read: 
8. Wind and other energy planning assistance for state agencies. The council 
shall coordinate the activities of member agencies to assist the Department of 
Administrative and Financial Services, Bureau of General Services in identifying and 
planning for the construction of wind and other renewable electricity generation projects 
to be located at buildings or public works now owned or leased or constructed, acquired 
or leased by the State or any department, office, board, commission or agency ofthe State 
for the purpose of providing all or a portion of the electricity needs of such state facilities. 
The council shall assist the Department of Administrative and Financial Services in 
developing proposals for the development of such projects to be financed from money 
borrowed by the State to the extent possible using available financing incentives under 
federal law. The council shall form an advisory group of persons with relevant expertise 
and experience to advise the council in undertaking its responsibilities under this 
subsection. In its annual report submitted pursuant to subsection 4, the council shall 
describe its activities pursuant to this subsection. 
Sec. 6. 30-A MRSA §5401, sub-§3,~, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, § 1 06 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
II 
further amended to read: 
B. 
An "energy generating system project," as defined in Title 1 0, section 963-A, 
subsection 13;61' 
Sec. 7. 30-A MRSA §5401, sub-§3, ~C, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, § 1 06 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
C. 
A hydroelectric power facility~~ 
Sec. 8. 30-A MRS A §5401, sub-§3, ~ 
is enacted to read: 
D. A "qualified project" as defined in the United States Internal Revenue Code, 26 
United States Code, Section 54(d)(2)(A) (2007). 
Sec. 9. 35-A MRS A §3403, sub-§3 is enacted to read: 
3. 
Assist political subdivisions and agencies. 
The commission shall monitor 
developments in technology and in state and federal law to determine whether 
opportunities are available for the development of wind energy resources by the State's 
political subdivisions and agencies and by rural electrification cooperatives and shall 
regularly advise the Energy Resources Council, established under Title 5, section 3327, 
of its findings. 
Sec. 10. 35-A MRSA §3404, as enacted by PL 2005, c. 646, §4, is amended by 
adding at the end a new paragraph to read: 
It is the further policy of the State that its political subdivisions and agencies be 
encouraged to develop and own cost-effective wind energy projects that benefit the 
citizens of the State. 
Sec. 11. 35-A MRSA §3751, sub-§4, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
4. Use of electricity. Generate, manufacture, purchase, acquire, accumulate and 
transmit electricity, and distribute, sell, supply and dispose of electricity and electricity 
products to its members and to wholesale purchasers. For the purposes of this subsection, 
"electricity products" includes capacity, energy, renewable energy credits and any other 
attributes or ancillary aspects of the generation, transmission or distribution of electricity; 
Sec. 12. 35-A MRSA §3908, sub-§2, as enacted by PL 1987, c. 141, Pt. A, §6, is 
repealed and the following enacted in its place: 
2. 
Electricity products. Generate, manufacture, purchase, acquire, accumulate, 
transmit, distribute, sell, supply and dispose of electricity and electricity products: 
A. To individuals and corporations within the district; 
B. To individuals and corporations outside the district; and 
C. Through wholesale transactions. 
For the purposes of this subsection, "electricity products" includes capacity, energy, 
renewable energy credits and any other attributes or ancillary aspects of the generation, 
transmission or distribution of electricity; 
Sec. 13. 35-A MRSA §3908, sub-§5, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
5. Contract. Contract and be contracted with. A district may contract with a private 
entity to assist in any phase of development, construction and operation of wind 
generation; 
SUMMARY 
This bill encourages and enables the development and ownership of cost-effective 
wind energy projects by the State's political subdivisions and agencies and by rural 
electrification cooperatives for the benefit of Maine's citizens. 
It expands the duties of the Energy Resources Council under the Maine Revised 
Statutes, Title 5, section 3327 to coordinate the activities of member agencies to assist the 
State's political subdivisions, state agencies and rural electrification cooperatives in 
developing wind and other projects, including using available federal loan subsidies. 
It expands the scope of the life-cycle cost analysis under the Energy Conservation in 
Buildings Act to include a review of the potential incorporation of wind and solar 
electricity generating equipment into public facilities. 
It amends the laws governing revenue-producing municipal facilities to include any 
qualified project under the United States Internal Revenue Code, Section 54. It ensures 
that municipalities may take advantage of favorable treatment in developing and 
financing revenue-producing projects under this bill. 
It amends provisions of the Maine Wind Energy Act to establish a state policy 
favoring development of cost-effective wind energy resources by municipalities and by 
the State for the benefit of Maine's citizens. 
It further directs the Public Utilities 
Commission to monitor legal and technological developments that may affect the 
I 
potential for development of wind power and to regularly advise the Energy Resources 
Council of its findings. 
It expands the authority of municipal electric districts and rural electrification 
cooperatives to allow them to sell energy to wholesale customers.