An Act To Promote Tidal Energy Projects
Maine Legislature, Session 127, LD 0295
Committee: Energy, Utilities and Technology
Sponsors: BURNS, MAKER, COLLINS, DAVIS, HAMPER, LANGLEY, SAVIELLO, DeCHANT, HOBBINS, TUELL
Amends: 38 MRSA §636-A

Legislative Document 
No. 295 
S.P. 110 
In Senate, February 10, 2015 
An Act To Promote Tidal Energy Projects 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BURNS of Washington. 
Cosponsored by Representative MAKER of Calais and 
Senators: COLLINS of York, DAVIS of Piscataquis, HAMPER of Oxford, LANGLEY of 
Hancock, SAVIELLO of Franklin, Representatives: DeCHANT of Bath, HOBBINS of Saco, 
TUELL of East Machias. 
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 as soon as practicable 
after initiating this solicitation.  The long-term contract may not result in an increase in 
electric rates in any customer class that is greater than the amount of the assessment 
charged under the Maine Revised Statutes, Title 35-A, section 10110, former subsection 
at the time the long-term contract is entered into, after taking into account any increase 
in those electric rates from the sale of energy under any other long-term contract entered 
into with a tidal energy demonstration project or deep-water offshore wind energy pilot 
project finalized prior to the long-term contract finalized pursuant to this section. 
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.