An Act To
Maine Legislature, Session 127, LD 1310
Committee Amendment CA_A_H269 (House)
Amends: 35-A MRSA §3602, 35-A MRSA §3603, 35-A MRSA §3609, 35-A MRSA §3610

COMMITTEE AMENDMENT "11" to H.P. 888, L.D. 1310, Bill, "An Act To 
Amend the Community-based Renewable Energy Program" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §3602, sub-§3-A is enacted to read: 
3-A. Net generating capacity. "Net generating capacity" means the output of a 
generating facility delivered to the transmission and distribution utility system. "Net 
generating capacity" does not include any energy consumed by the generator to operate 
the electricity generating facility and energy consumed for plant lighting, power and 
auxiliaty facilities. 
Sec. 2. 35-A MRSA §3603, sub-§2, as amended by PL 2013, c. 454, §3, is 
further amended to read: 
2. Program scope; limits on generating capacity. The commission shall limit 
participation in the program in accordance with this subsection. 
A. The metalled net generating capacity of a program participant may not exceed 10 
megawatts. 
B. The total metalled net generating capacity of all program participants combined 
may not exceed 50 megawatts. 
D. Of the 50-megawatt limit on total net generating capacity under paragraph B,.w.2 
megawatts must be reserved at the outset of the program for program participants 
that: 
(1) Have aft metalled a net generating capacity of less than 100 kilowatts; or 
(2) Are located in the service territory of a consumer-owned transmission and 
distribution utility. 
The commission may modify the amount of net generating capacity reserved under 
this paragraph based on program experience. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 888, L.D. 1310 
E. The total installed net generating capacity of program participants that receive the 
renewable energy credit multiplier incentive under section 3605 may not exceed 10 
megawatts. 
Sec. 3. 35-A MRSA §3609, as enacted by PL 2009, c. 329, Pt. A, §4, is repealed. 
Sec. 4. 35-A MRSA §3610 is enacted to read: 
§3610. Project deadline; completion deadline 
The commission may not issue an order after December 31. 2015 directing an 
investor-owned transmission and distribution utility to enter into a long-term contract 
under this chapter nor allow a consumer-owned transmission and distribution utility to 
enter into a long-term contract under this chapter. All community-based renewable 
energy projects that have been selected for a long-term contract must become operational 
and commence generating electricity by December 31, 2018. 
Sec. 5. Viability assessment; request for proposals. The Public Utilities 
Commission shall review all certified program participant projects under the Maine 
Revised Statutes, Title 35-A, section 3603 that have not yet reached commercial 
operations to determine whether the projects are reasonably likely to achieve commercial 
operations within a 3-year period. For those projects the commission determines will not 
be viable within a 3-year period, the commission must revoke any contract awarded, but 
the project may still remain certified. To the extent there is less capacity remaining than is 
allowed under Title 35-A, section 3603, subsection 2 after the removal of nonviable 
projects, the commission shall conduct an expedited request for proposals to select 
community-based renewable energy projects to become program participants and enter 
into long-term contracts. A project under this process may not elect to choose the 
renewable energy credit multiplier incentive under Title 35-A, section 3605, and those 
projects that are operational and have elected the renewable energy credit multiplier do 
not count towards the 50-megawatt cap on net generating capacity under Title 35-A, 
section 3603, subsection 2. The commission shall select the projects that provide the most 
benefit to ratepayers and that have contract pricing levels below 10¢ per kilowatt hour 
within each contract year. To the maximum extent practicable, the commission must 
select projects to provide for a total net generating capacity for all projects to meet the 
maximum allowance under Title 35-A, section 3603, subsection 2 of 50 megawatts.' 
SU~Y 
This amendment is the majority report of the committee and strikes and replaces the 
bill. The amendment provides a definition for the term "net generating capacity." The 
amendment changes the limits on generating capacity from installed generating capacity 
to net generating capacity. The amendment reduces the reserved amount of megawatts 
from 10 to 2 for program participants that have a net generating capacity of less than 100 
kilowatts or are located in the service territory of a consumer-owned transmission and 
distribution utility. The amendment removes the scheduled repeal of the law regulating 
community-based renewable energy and clarifies that the Public Utilities Commission 
may not issue an order after December 31, 2015 directing an investor-owned transmission 
and distribution utility to enter into any long-term contract or allow a consumer-owned 
transmission and distribution utility to enter into any long-term contract. The amendment 
COMMITTEE AMENDMENT 
COMMlTTEE AMENDMENf "A "to H.P. 888, L.D. 1310 
specifies that all community-based renewable energy projects that have been selected for 
a long-tenn contract must become operational and commence generating electricity by 
December 31,2018. 
The amendment requires the commission to review all certified program participant 
projects that have not yet reached commercial operations to determine whether projects 
are reasonably likely to achieve commercial operations within a 3-year time period. This 
amendment provides that those projects determined not viable remain certified, but any 
contract that had been issued is to be revoked. The amendment allows the commission to 
conduct an expedited request for proposals to select community-based renewable energy 
projects to become program participants and enter into long-tenn contracts, if there is 
capacity remaining after the removal of nonviable projects. The amendment specifies 
that only those projects that provide the most benefit to ratepayers and have contract 
pricing below 10¢ per kilowatt hour within each contract year may be chosen. Lastly, this 
amendment prohibits a project under this process from choosing the renewable energy 
credit multiplier incentive. Those projects that are operational and have elected the 
renewable energy credit multiplier do not count towards the 50-megawatt cap on net 
generating capacity. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/29/15 
J'lHac:.. 
LD 1310 
LR 1719(02) 
An Act To Amend the Community-based Renewable Energy Program 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,A, (H -)/" ~) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The bill eliminates the December 31, 2015 repeal date for the Community-based Renewable Energy Act and requires 
the Public Utilities Commission (PUC) to review certain certified program participant projects to determine whether 
they are reasonably likely to achieve commercial operations within a 3-year time period. Any additional costs to the, 
PUC are expected to be minor and can be absorbed within existing budgeted resources. 
. 
LR1719(02) - Fiscal Note - Page 1 of 1