An Act To Amend Tidal Energy Demonstration Project Laws
Maine Legislature, Session 126, LD 1781
Committee: Energy, Utilities and Technology
Sponsors: YOUNGBLOOD, HOBBINS, BURNS, BEAVERS, DUNPHY, LOCKMAN
Amends: 38 MRSA §636-A

Legislative Document 
No. 1781 
S.P. 708 
In Senate, February 18, 2014 
An Act To Amend Tidal Energy Demonstration Project Laws 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator YOUNGBLOOD of Penobscot. 
Cosponsored by Representative HOBBINS of Saco and 
Senator: BURNS of Washington, Representatives: BEAVERS of South Berwick, DUNPHY of 
Embden, LOCKMAN of Amherst. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §636-A, sub-§1, ¶A, as enacted by PL 2009, c. 270, Pt. D, §8, 
is amended to read: 
A.  "Tidal energy demonstration project" or "project" means a hydropower project 
that uses either in-stream tidal action or the difference between water levels on either 
side of a marine enclosure as a source of electrical power and that: 
(1)  Has a total net installed generating capacity of 5 25 megawatts or less; and 
(2)  Is proposed for the primary purpose of testing new or advanced tidal energy 
generation technology technologies, which may include a mooring or anchoring 
system and, transmission line, turbine designs and construction techniques, and 
collecting and assessing information on the environmental and other effects of 
the technology technologies. 
Sec. 2.  PL 2009, c. 615, Pt. A, §6, 3rd ¶ is amended to read: 
Subject to the requirements of this section, the commission may direct one or more 
transmission and distribution utilities, as appropriate, to enter into a long-term contract 
for an initial term of up to 20 years and with an option, exercisable at the commission's 
discretion, for one or more renewal terms up to a maximum aggregate extension period of 
years for the installed capacity and associated renewable energy and renewable energy 
credits of one or more deep-water offshore wind energy pilot projects or tidal energy 
demonstration projects. 
Sec. 3.  PL 2009, c. 615, Pt. A, §6, sub-§1, first sentence is amended to read: 
Following review of proposals submitted in response to the a competitive solicitation, the 
commission may negotiate with one or more potential suppliers to supply an aggregate 
total of no more than 30 45 megawatts of installed capacity and associated renewable 
energy and renewable energy credits from deep-water offshore wind energy pilot projects 
or tidal energy demonstration projects as long as no more than 5 30 megawatts of the total 
is supplied by tidal energy demonstration projects. 
Sec. 4.  Competitive solicitation of proposals for tidal energy 
demonstration projects.  Notwithstanding any other provision of law, the Public 
Utilities Commission shall conduct an additional competitive solicitation of proposals as 
described in Public Law 2009, chapter 615, Part A, section 6, as amended, for tidal 
energy demonstration projects as soon as practicable after the effective date of this 
section.  The commission shall make all reasonable efforts to complete its review of 
proposals under this solicitation and finalize a long-term contract within 3 months of 
initiating this solicitation. 
SUMMARY 
This bill expands the definition of "tidal energy demonstration project" under the 
laws governing general permits for tidal energy demonstration projects to cover so-called 
tidal range projects, which extract energy from the differential head across a marine 
enclosure.  The bill further directs the Public Utilities Commission to conduct an 
additional competitive solicitation of proposals for tidal energy demonstration projects 
and increases the allowed capacity derived from tidal energy demonstration projects to 30 
megawatts and total allowed capacity contracted for by the commission to 45 megawatts.