An Act To Strengthen the Community-based Renewable Energy Pilot Program
Maine Legislature, Session 124, LD 1696
Committee Amendment CA_A_H730 (House)
Amends: 35-A MRSA §3210, 35-A MRSA §10109, 35-A MRSA §10121

COMMITTEE AMENDMENT "A" to H.P. 1197, L.D. 1696, Bill, "An Act To 
Strengthen the Community-based Renewable Energy Pilot Program" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Community-based Renewable Energy' 
Amend the bill by striking out everything after the title and inseliing the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, legislation is necessary to ensure that community-based renewable energy 
projects are eligible for grants from the Renewable Resource Fund; and 
Whereas, the Public Utilities Commission is preparing to distribute $600,000 of 
funds made available under the American Recovery and Reinvestment Act of 2009 
through the Renewable Resource Fund; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislatiOll as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §3210, sub-§5, as amended by PL 2007, c. 644, §§ I to 3 and 
PL 2009, c. 372, Pt. K, § I and affected by §5 and c. 415, Pt. E, §2, is repealed and the 
following enacted in its place: 
5. Funding for research and development; community demonstration projects. 
The commission by rule shall establish and administer a program allowing retail 
consumers of electricity to make voluntary contributions to fund renewable resource 
research and development and to fund community demonstration projects using 
renewable energy technologies. The program must: 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to H.P. 1197, L.D. 1696 
A. 
Include a mechanism for customers to indicate their willingness to make 
contributions; 
B. Provide that transmission and distribution utilities collect and account for the 
contributions and forward them to the commission; 
C. Provide for a distribution of the funds to the University of Maine System, the 
Maine Maritime Academy or the Maine Community College System for renewable 
resource research and development; 
D. Provide for a distribution of the funds to Maine-based nonprofit organizations that 
qualify under the federal Internal Revenue Code, Section 501(c)(3), consumer-owned 
transmission and distribution utilities, community-based nonprofit organizations, 
community action programs, municipalities, quasi-municipal corporations or districts 
as defined in Title 30-A, section 2351, community-based renewable energy projects, 
as defined in section 3602, subsection 1 and school administrative units as defined in 
Title 20-A, section 1 for community demonstration projects using renewable energy 
technologies; and 
E. Provide for an annual distribution of 35% of the funds to the Maine Technology 
Institute to support the development and commercialization of renewable energy 
technologies. 
Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
This subsection is repealed July 1, 2010. 
Sec. 2. 35-A MRSA §3210, sub-§6, as amended by PL 2007, c. 18, §2 and PL 
2009, c. 372, Pt. K, §2 and affected by §5 and c. 415, Pt. E, §2, is repealed. 
Sec. 3. 35-A MRSA §3210, sub-§6-A, as enacted by PL 2007, c. 18, §3 and 
amended by PL 2009, c. 372, Pt. K, §3 and affected by §5 and c. 415, Pt. E, §2, is 
repealed. 
Sec. 4. 35-A MRSA §3210, sub-§9, 'IT-B, as enacted by PL 2007, c. 403, §7, is 
amended to read: 
B. 
The commission shall collect alternative compliance payments made by 
competitive electricity providers and shall deposit all funds collected under this 
paragraph in the Renewable Resource Fund established under section 10121, 
subsection e 2. to be used to fund research, development and demonstration projects 
relating to renewable energy technologies. 
Sec. 5. 35-A MRS A §3603, sub-§3, «!fA, as enacted by PL 2009, c. 329, Pt. A, 
§4, is amended to read: 
A. 
Provide documentation of a resolution of supp0l1 passed by the municipal 
legislative body or by the municipal officers, as appropriate if the municipal 
legislative body has delegated this authority to the municipal officers, of the 
municipality in which the community-based renewable energy project is proposed to 
be located, except that any project that is proposed to be located wholly in an 
unorganized or deorganized area of the State or that has a generating capacity of less 
than 100 kilowatts is exempt from the requirement set forth in this paragraph; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"R"to 1-I.P. 1197, L.D. 1696 
Sec. 6. 35-A MRSA §10109, sub-§4, ~, as enacted by PL 2009, c. 372, Pt. B, 
§3, is amended to read: 
D. 
Nonelectric savings programs must be used to maximize fossil fuel energy 
efficiency and conservation and associated greenhouse gas reductions, subject to the 
apportionment between fossil fuel and electricity conservation set fOl1h in paragraph 
A. 
Community-based renewable energy projects, as defined in section 3602, 
subsection I, may apply for funding from the trust as nonelectric savings programs. 
Sec. 7. 35-A MRSA §10121 is enacted to read: 
§10121. Renewable Resource Fund 
1. 
Funding for renewable resource research and development; community 
demonstration projects. The trust by rule shall establish and administer a program 
allowing retail consumers of electricity to make voluntary contributions to fund 
renewable resource research and development and to fund community demonstration 
projects using renewable energy technologies. The program must: 
A. 
Include a mechanism for customers to indicate their willingness to make 
contributions; 
. 
B. 
Provide that transmission and distribution utilities collect and account for the 
contributions and forward them to the trust; 
C. Provide for a distribution of the funds to the University of Maine System, the 
Maine Maritime Academy or the Maine Community College System for renewable 
resource research and development; 
D. Provide for a distribution of the funds to Maine-based nonprofit organizations that 
qualifY under the federal Internal Revenue Code, Section 50I(c)(3), consumer-owned 
transmission and distribution utilities, community-based nonprofit organizations, 
community action programs, municipalities, quasi-municipal corporations or districts 
as defined in Title 30-A. section 2351, community-based renewable energy projects 
as defined in section 3602, subsection I and school administrative units as defined in 
Title 20-A. section 1 for community demonstration projects using renewable energy 
technologies; and 
E. Provide for an annual distribution of 35% of the funds to the Maine Technology 
Institute to suppOl1 the development and commercialization of renewable energy 
technologies. 
Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
2. Fund established. There is established the Renewable Resource Fund, referred to 
in this section as "the fund." The fund is a non lapsing fund administered by the trust. All 
funds collected by the trust pursuant to subsection I must be deposited in the fund for 
distribution by the trust in accordance with subsection 1. The trust may seek and accept 
funding for the program established pursuant to subsection 1 from other sources, public 
or private. Any funds accepted for use in the program established pursuant to subsection 
must be deposited in the fund. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1197, L.D. 1696 
3. Report. The trust shall repmi by December 1 st of each year to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters on the 
fund. The report must include: 
A. A description of actions taken by the trust pursuant to subsections 1 and 2 during 
the prior 12 months; 
B. An accounting of total deposits into and expenditures from the fund during the 
prior 12 months; and 
C. A description of any research and development or community demonstration 
project that received a distribution from the fund during the prior 12 months, 
including its objectives, current status and results. 
Sec. 8. 
Federal stimulus funds; community-based renewable energy 
projects. A state agency or instrumentality administering American Reinvestment and 
Recovery Act of 2009 funds may not prohibit a community-based renewable energy 
project, as defined in the Maine Revised Statutes, Title 35-A, section 3602, that is eligible 
to receive such funds under applicable federal guidelines from applying to the state 
agency or instrumentality for such funds. 
Sec. 9. Effective date. Those sections of this Act that repeal the Maine Revised 
Statutes, Title 35-A, section 3210, subsections 6 and 6-A and amend Title 35-A, section 
3210, subsection 9 and section 10109, subsection 4, paragraph D and enact Title 35-A, 
section 10121 take effectJuly 1,2010. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved, except as otherwise indicated.' 
SUMMARY 
This amendment replaces the bill, which was a concept draft. The amendment makes 
community-based renewable energy projects eligible for funds from the voluntary 
Renewable Resource Fund for community demonstration projects. The amendment also 
transfers all duties regarding the administration of the Renewable Resource Fund to the 
Efficiency Maine Trust as of July 1,2010, instead of having responsibilities for that fund 
divided between the trust and the Public Utilities Commission. The amendment specifies 
that, under the community-based renewable energy pilot program, the municipal 
legislative body can delegate to its municipal officers the authority to pass the required 
resolution of support for a community-based renewable energy project. 
The amendment clarifies that, as of July 1,2010, community-based renewable energy 
projects continue to be eligible to apply for funding from the Regional Greenhouse Gas 
Initiative Trust Fund as nonelectric savings programs. Until July 1,2010, current law 
provides that these projects are eligible to apply for funding from the Energy and Carbon 
Savings Trust Fund, which becomes the Regional Greenhouse Gas Initiative Trust Fund 
on that date. 
The amendment also prohibits a state agency or instrumentality that is administering 
American Reinvestment and Recovery Act of 2009 funds from prohibiting a community-
based renewable energy project that is eligible to receive such funds under federal 
guidelines from applying to the state agency or instrumentality for such funds. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1197, L.D. 1696 
The amendment adds an emergency preamble and emergency clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03114/]0 :?.:Pac... 
LD 1696 
LR 2499(02) 
An Act To Strengthen the Community-based Renewable Energy Pilot Program 
Fiscal Note for Bill as Amended by Committee Amendment "n" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
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Any additional costs to Efficiency Maine Trust associated with additional rulemaking and administration of the 
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Renewable Resource Fund can be absorbed within existing budgeted resources. 
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LR2499(02) - Fiscal Note - Page] of ]