An Act To Encourage and Enhance the Future of Waste-to-energy Facilities by Establishing a Portfolio Requirement for Electricity from Waste Energy Resources
Maine Legislature, Session 127, LD 0273
Committee: Energy, Utilities and Technology
Sponsors: CAMPBELL, SAVIELLO, CHIPMAN, HARLOW, HICKMAN, MARTIN, SHORT, DILL
Amends: 35-A MRSA §3210

Legislative Document 
No. 273 
H.P. 191 
House of Representatives, February 5, 2015 
An Act To Encourage and Enhance the Future of Waste-to-energy 
Facilities by Establishing a Portfolio Requirement for Electricity 
from Waste Energy Resources 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative CAMPBELL of Orrington. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: CHIPMAN of Portland, HARLOW of Portland, HICKMAN of Winthrop, 
MARTIN of Eagle Lake, SHORT of Pittsfield, Senator: DILL of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3210, sub-§2, ¶B-3, as enacted by PL 2009, c. 542, §3, is 
amended to read: 
B-3.  "Renewable capacity resource" means a source of electrical generation: 
(1)  Whose total power production capacity does not exceed 100 megawatts and 
relies on one or more of the following: 
(a)  Fuel cells; 
(b)  Tidal power; 
(c)  Solar arrays and installations; 
(d)  Geothermal installations; 
(e)  Hydroelectric generators that meet all state and federal fish passage 
requirements applicable to the generator; or  
(f)  Biomass generators that are fueled by wood or wood waste, landfill gas 
or anaerobic digestion of agricultural products, by-products or wastes; or 
(g)  Waste energy resources; or 
(2)  That relies on wind power installations. 
Sec. 2.  35-A MRSA §3210, sub-§2, ¶D is enacted to read: 
D.  "Waste energy resource" means a pyrolytic or other waste system that is a source 
of electrical generation and: 
(1)  That is fueled by municipal solid waste in conjunction with recycling; 
(2)  Whose total power production capacity does not exceed 35 megawatts; 
(3)  That is licensed to comply with the air emission requirement levels for 
resource recovery facilities established pursuant to Title 38, section 585, 
including, but not limited to, standards for mercury established pursuant to Title 
38, section 585-B, subsection 5; 
(4)  That complies with all applicable licensing requirements for solid waste 
facilities as established pursuant to Title 38, section 1310-N; and 
(5)  Whose residuals are transported to a landfill that is licensed to meet at least 
the performance standards and siting criteria established by rules adopted 
pursuant to Title 38, section 1304, including, but not limited to, standards 
prohibiting contamination of groundwater outside the solid waste boundary of 
landfills. 
Sec. 3.  35-A MRSA §3210, sub-§3-B is enacted to read: 
3-B.  Portfolio requirements; waste energy resources.  Portfolio requirements for 
waste energy resources are governed by this subsection. 
A.  Beginning July 1, 2016, as a condition of licensing pursuant to section 3203, a 
competitive electricity provider in this State must demonstrate in a manner 
satisfactory to the commission that no less than 3.5% of its portfolio of supply 
sources for retail electricity sales in this State is accounted for by waste energy 
resources.  Waste energy resources used to satisfy the requirements of this paragraph 
may not be used to satisfy the requirements of subsection 3. 
B.  Retail electricity sales pursuant to a supply contract or standard-offer service 
arrangement executed by a competitive electricity provider that is in effect on the 
effective date of this subsection are exempt from the requirements of this subsection 
until the end date of the current term of the supply contract or standard-offer service 
arrangement. 
The commission shall adopt rules to implement this subsection.  Rules adopted pursuant 
to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 4.  35-A MRSA §3210, sub-§8, as amended by PL 2009, c. 329, Pt. A, §2, is 
further amended to read: 
8.  Credit trading.  The commission shall allow competitive electricity providers to 
satisfy the portfolio requirements of subsections 3 and, 3-A and 3-B through the use of 
renewable energy credits if the commission determines that a reliable system of electrical 
attribute trading exists. When renewable energy credits are used to satisfy the portfolio 
requirements of subsections 3 and, 3-A and 3-B, the value of a renewable energy credit 
for electricity generated by a community-based renewable energy project, as defined in 
section 3602, that is participating in the community-based renewable energy pilot 
program established in section 3603 and elects the renewable energy credit multiplier 
under section 3605 is 150% of the amount of the electricity. 
Sec. 5.  35-A MRSA §3210, sub-§10 is enacted to read: 
10.  Alternative compliance payment; portfolio requirements for waste energy 
resources.  The commission shall allow competitive electricity providers to satisfy the 
portfolio requirements for waste energy resources under subsection 3-B through an 
alternative compliance payment mechanism in accordance with this subsection. 
A.  The commission shall set the alternative compliance payment rate by rule and 
shall publish the alternative compliance payment rate by January 31st of each year. In 
setting the rate, the commission shall take into account prevailing market prices, 
standard-offer service prices for electricity and reliance on alternative compliance 
payments to meet the requirements of subsection 3-B. 
B.  The commission shall collect alternative compliance payments made by 
competitive electricity providers and shall deposit all funds collected under this 
paragraph in the Energy Efficiency and Renewable Resource Fund established under 
section 10121, subsection 2 to be used to fund research, development and 
demonstration projects relating to renewable energy technologies and to fund rebates 
for cost-effective renewable energy technologies. 
The commission shall adopt rules to implement this subsection. Rules adopted pursuant 
to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
SUMMARY 
Current law establishes as a policy of the State the encouragement of the generation 
of electricity from renewable and efficient resources by requiring that each competitive 
electricity provider in this State demonstrate that no less than 30% of its portfolio of 
supply sources for retail electricity sales in this State is accounted for by eligible 
resources.  This bill implements that policy by stimulating demand for electricity from 
generators fueled by municipal solid waste in conjunction with recycling. 
This bill amends the law in the following ways. 
1.  It amends the definition of "renewable capacity resource" to add waste energy 
resources. 
2.  It defines "waste energy resource" as a source of electrical generation that is 
fueled by municipal solid waste in conjunction with recycling and whose total power 
capacity does not exceed 35 megawatts.  In addition, the waste energy resource would 
have to meet Maine's air emissions standards for resource recovery facilities and licensing 
standards for solid waste facilities and ensure that residuals from the waste energy 
resource are disposed of at a landfill meeting Maine's licensing standards. 
3.  It establishes a 3.5% portfolio requirement for electricity from waste energy 
resources. 
4.  It allows competitive electricity providers to meet the portfolio requirements for 
waste energy resources through the use of renewable energy credits or an alternative 
compliance payment to be set by the Public Utilities Commission.