An Act To Amend the Wind Energy Rebate Program Eligibility Requirements
Maine Legislature, Session 124, LD 0651
Committee: Utilities and Energy
Sponsors: BROWNE, SHERMAN, CHASE, CLARK, GIFFORD, SARTY, SCHATZ
Amends: 35-A MRSA §3211-C, 35-A MRSA §321

Legislative Document 
No. 
H.P.465 
House of Representatives, February 19, 2009 
An Act To Amend the Wind Energy Rebate Program Eligibility 
Requirements 
Reference to the Committee on Utilities and Energy suggested and ordered plinted. 
Presented by Representative BROWNE of Vassalboro. 
Cosponsored by Senator SHERMAN of Aroostook and 
77JA-~ /71. 71ldC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CHASE of Wells, CLARK of Millinocket, GIFFORD of Lincoln, SARTY of 
Denmark, SA VIELLO of..Wilton, SCHATZ of Blue Hill. 
Printed l11l I'cc.ycbJ PiJPcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRS A §3211-C; sub-§l, ~ 
isenacted to read: 
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D. "Class 1 wind resource" means an average wind speed ofless than 9.8 miles per 
hour at a height of 10 meters; 
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Sec. 2. 35-A MRS A §3211-C; sllb-§l, e;JE is enacted to read: 
E. "Class 2 wind resource" means an average wind speed of at least 9.8 miles per 
hour but less than 11.5 miles per hour at a height of 10 meters; 
Sec. 3. 35-A MRSA §3211-C, sllb-§l, ~ 
is enacted to read: 
F. "Class 3 wind resource" means an average wind speed of at least 11.5 miles per 
hour but less than 12.5 miles per hour at a height of 10 meters; 
Sec. 4. 35-A MRSA §3211-C, sllb-§l"G is enacted to read: 
G. "Net energy" means the difference between the kilowatt-hours consumed by a 
customer and the kilowatt-hours generated by the customer's generating facility over 
any time period determined as if measured by a single meter capable of registering 
the flow of electricity in 2 directions; 
Sec. 5. 35-A MRSA §321l-C; sub-§l, €jJJHI is enacted to read: 
H. 
"Net energy billing" means the billing and metering practice under .which a 
customer is billed on the basis of net energy consumed or generated over the billing 
period; 
Sec. 6. 35-A MRSA §3211-C, sub-§l-A is enacted to read: 
I-A. 
Solar and wind' energy rebate program. To the extent that funds are 
available in the fund established in subsection 3 and the requirements of subsection 2-A 
are satisfied, an owner or tenant of residential or commercial property located in the State 
is entitled to a rebate for a qualified ~ular energy system that is installed in accordance 
with this subsection after July 1, 2005 that. will be connected to the electrical grid or a 
qualified wind energy system that is installed in accordance with this subsection after 
January 1, 2009 that will be connected to the electrical grid. 
. 
. A. The commission shall set rebate levels for qualified solar energy systems. In 
setting rebate levels for qualified solar energy systems, the commission may consider 
market demand for qualified solar energy systems, program implementation 
experience and other factors relevant to the solar energy rebate wogram. 
B. Rebate levels for qualified wind energy systems must be $500 per 1/2 kilowatt of 
peale generating capacity of the system up to a maximum of: 
(1) One thousand dollars when the system is installed at a site with a Class 1 
wind resource; 
(2) Fifteen hundred dollars when the system is installed at a site with a Class 2 
wind resource; and 
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(3) Two thousand dollars when the system is installed at a site with a Class 3 
. wind resource. 
C. To qualify for a rebate, a solar photovoltaicsystem must meet the following 
installation requirements: 
(1) For a system installed after July 1, 2005 but before January 1, 2007, the 
system must be installed by a master electrician who has completed a 'training 
course to prepare for certification by a North American board of certified energy 
practitioners or by a' master electrician working in conjunction with either a 
person who has been certified by a North American board of certified energy 
,practitioners or a person who has completed a training course to prepare for 
certification by a North American board of certified energy practitioners; or 
(2) .For a system installed on or after January 1, 2007, the system must be 
installed by a master electrician who has been certified by a North American 
board of certified energy practitioners or by a master electrician working in 
. conjunction with a person who has been certified by a North American board of 
certified energy practitioners. 
D. To qualify for a rebate, a solar thermal system designed to heat water must be 
. installed by a qualified solar thermal water system installer and, ·if the solar thermal 
system is designed to heat 'potable water, it must be installed by a qualified solar 
thermal water system installer who holds a current license as a master plumber or by 
a qualified solar thermal water system installer working in conjunction with a master 
plumber. 
E. To qualify for a rebate, the electrical" components of a .. qualified wind energy 
system must be installed by a master electrician or by a factory trained and approved 
dealer for the qualified wind energy system working under the supervision of a 
master electrician. 
In the case of a newly constructed residence, the rebate must be available to the original 
owner or occupant. . 
. 
Sec. 7. 35-A MRSA §3211-C, sub-§2, as amended by PL 2007, c. 661, Pt. D, §1, 
is repealed. 
. 
Sec. 8. 35-A MRSA §3211-C, sub-§2-B is enacted to read: . 
. 2-B. Eligibility requirements; wind energy system. In establishing eligibility 
requirements for rebates for qualified wind energy systems, the commission: 
. 
A. May not require that an owner or tenant of a residential property demonstrate that 
the wind resource available at the site of the qualified wind energy system installation . 
is Class 2 or higher; 
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B. Shall require a minimum distance of 20 feet between the tip of the· blade of the 
wind energy system at its lowest point and any structures or trees within a 200-foot 
radius of the system; 
C. . May not require a minimum height for the tower of the qualified wind energy 
system; and' 
. 
D. 
Shall require the applicant to sign a net energy billing contract with the 
transmission and distribution utility. . 
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SUMMARY 
This bill makes changes to the eligibility requirements and rebate levels for wind 
energy system rebates under the solar .and wind energy rebate program.· The bill 
establishes the rebate amount for wind energy systems in statute as an increasing function 
of the kilowatt capacity of the wind energy system and the classification of the wind 
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resource· at the site of the installation. The bill also amends the law to require that the 
wind energy system be inst,Hled by a factory trained or approved installer under the 
supervision of a master electrician. 
The bill also places certain limitations on the 
eligibility requirements that the Public Utilities Commission may establish for wind 
energy rebates under the program. Specifically, the bill prohibits the Public Utilities 
Commission from requiring a residential applicant to demonstrate a minimum wind speed 
of 9.8 miles per hour or more at the site, prohibits the commission from requiring a 
.minimum tower height for the wind energy system installation, establishes 20 feet as the 
minimum allowed distance between the wind energy system's blade and any structure or 
trees within a 200-foot radius and requires the applicant for the rebate to . enter into a net 
energy billing agreement with the transmission and distribution utility. 
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