An Act To
Maine Legislature, Session 124, LD 1682
Committee Amendment CA_A_S372 (Senate)
Amends: 35-A MRSA §3210, 35-A MRSA §3210-C, 35-A MRSA §3212-A, 35-A MRSA §3602

COMMITTEE AMENDMENT ''It'' to S.P. 654, L.D. 1682, Bill, "An Act To 
Amend the Electric Utility Industry Laws as They Relate to Renewable Resources" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and insel1ing the following: 
'Sec. 1. 35-A MRSA §3210, sub-§2, ~-1, as enacted by PL 2007, c. 403, §2, is 
repealed. 
Sec. 2. 35-A MRS A §3210, sub-§2, ~-2, as enacted by PL 2007, c. 403, §3, is 
amended to read: 
B-2. 
"Renewable energy credit" means a tradable instrument that represents an 
amount of electdcity generated from renewable capacity resources as defined in 
section 3210 C, subsection 1, paragraph E. 
Sec. 3. 35-A MRSA §3210, sub-§2, ~-3 is enacted to read: 
B-3. "Renewable capacity resource" means a source of electrical generation: 
(1) Whose total power production capacity does not exceed 100 megawatts and 
relies on one or more of the following: 
Ca) Fuel cells; 
Cb) Tidal power; 
Cc) Solar arrays and installations; 
Cd) Geothermal installations; 
Ce) 
Hydroelectric generators that meet all state and federal fish passage 
requirements applicable to the generator; or 
(f) Biomass generators that are fueled by wood or wood waste, landfill gas 
or anaerobic digestion of agricultural products, by-products or wastes; or 
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COMMIITEE AMENDMENT '11 "to S.P. 654, L.D. 1682 
(2) That relies on wind power installations. 
Sec. 4. 35-A MRSA §3210, sub-§2, ~-4 is enacted to read: 
B-4. 
"New" as applied to any renewable capacity resource means a renewable 
capacity resource that: 
(1) Has an in-service date after September 1, 2005; 
(2) Was added to an existing facility after September 1, 2005; 
(3) For at least 2 years was not operated or was not recognized by the New 
England independent system operator as a capacity resource and, after September 
1, 2005, resumed operation or was recognized by the New England independent 
system operator as a capacity resource; or 
(4) 
Was refurbished after September 1, 2005 and is operating beyond its 
previous useful life or is employing an alternate technology that significantly 
increases the efficiency of the generation process. 
For the purposes of this paragraph, "capacity resource" has the same meaning as in 
section 321O-C, subsection 1, paragraph A. 
Sec. 5. 35-A MRSA §3210, sub-§2, ~C, as repealed and replaced by PL 1999, c. 
398, Pt. I, §2, is amended to read: 
C. "Renewable resource" means a source of electrical generation: 
(1) That qualifies as a small power production facility under the Federal Energy 
Regulatory Commission rules, 18 Code of Federal Regulations, PaIi 292, SubpaI1 
B, as in effect on January 1, 1997; or 
(2) Whose total power production capacity does not exceed 100 megawatts and 
that relies on one or more of the following: 
(a) Fuel cells; 
(b) Tidal power; 
(c) Solar arrays and installations; 
(d) Wind power installations; 
(e) Geothermal installations; 
(f) Hydroelectric generators; 
(g) Biomass generators that are fueled by wood or wood waste, landfill gas 
or anaerobic digestion of agricultural products, by-products or wastes; or 
(h) 
Generators fueled by municipal solid waste in conjunction with 
recycling. 
Sec. 6. 35-A MRSA §3210-C, sub-§l, ~, as amended by PL 2007, c. 293, § 1, 
is further amended to read: 
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COMMITTEE AMENDMENT "A "to S.P~ 654, L.D. 1682 
E. "Renewable capacity resource" means a renewable resource, as defined has the 
same meaning as in section 3210, subsection 2, paragraph C, except the maximum 
total power production capacity limit of 100 megasvatts under section 3210, 
subsection 2, paragraph C does not apply and "rene ... ."able capacity resource" does-net 
include: B-3. 
(1) A generator fueled by municipal solid .. vaste in conjunction '""ith recycling; or 
(2) A hydroelectric generator unless it meets all state and federal fish passage 
reouirements aoolicable to the f!enerator. 
, Sec. 7. 35-A MRSA §3212-A, sub-§l, as amended by PL 2009, c. 329, Pt. B, §2, 
is further amended to read: 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Green power supply" means electricity or renewable energy credits for 
electricity generated from renewable capacity resources as defined in section 3210 C 
I 0, subsection + ~, paragraph E or from a generator fueled by landfill gas B-3, 
iilcluding electricity generated by community-based renewable energy projects as 
defined in section 3602, subsection I. "Green pmver supply" includes a biomass 
generator, ",o'IlOse fuel may include, but is not limited to, anaerobic digestion of 
agricultural products, byproducts or .. vastes. 
B. "Renewable energy credit" has the same meaning as in section 32 I 0, subsection 2, 
paragraph B 1, except that the total pO'lver production capacity limit of 100 
megawatts under section 3210, subsection 2, paragraph C does not apply to "'lind 
po .. ver installations B-2. 
Sec. 8. 35-A MRSA §3602, sub-§2, as enacted by PL 2009, c. 329, Pt. A, §4, is 
amended to read: 
2. Eligible renewable resource. "Eligible renewable resource" means a renewable 
capacity resource as defined in section 32 I 0, subsection 2, paragraph C, mwept that 
"eligible renewable resource" does not include a generator fueled by municipal solid 
waste in conjunction with recycling and does include a generator fueled by landfill gas. 
"Eligible renewable resource" includes a biomass generator whose fuel includes 
anaerobic die:estion of ae:ricultural oroducts. bvoroducts or wastes B-3.' 
SUMMARY 
This amendment replaces the bill. The amendment does the following: 
1. Clarifies which resources are subject to the 100-megawatt capacity limit on new 
renewable capacity resources in order to qualify for the new renewable resource portfolio 
requirement above 30% and related renewable energy credits under that law and the law 
governing green power options. Specifically, the amendment clarifies that all new 
renewable capacity resources except for wind power installations are subject to the 100-
megawatt limit; 
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COMMITTEE AMENDMENT"A "to S.P. 654, L.D, 1682 
2. 
Adds definitions of "new" and "renewable capacity resources" to the law 
governing renewable resources portfolio requirements rather than relying on cross-
references to those terms as used in the capacity resource adequacy laws; 
3. 
Specifies types of biomass generators included within the definitions of 
"renewable resource" and "renewable capacity resource." This clarifies that generators 
fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural 
products, by-products or wastes qualify under the basic portfolio requirement, the new 
renewable resource poitfolio requirement, the law governing green power options and the 
community-based renewable energy pilot program; and 
4. Amends the definition of "renewable capacity resource"in the law governing 
capacity resource adequacy, the definitions of "green power supply" and "renewable 
energy credit" in the law governing green power options and the definition of "eligible 
renewable resource" in the law governing the community-based renewable energy pilot 
program to make them consistent with the definition of "renewable capacity resource" 
now provided in the law governing renewable resource portfolio requirements. 
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