An Act To Increase the Beneficial Reuse of Waste Materials and To Promote Community-based Renewable Energy
Maine Legislature, Session 127, LD 0589
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, DILL, BLACK, DUCHESNE
Amends: 35-A MRSA §3210, 35-A MRSA §3602, 35-A MRSA §3603

Legislative Document 
No. 589 
S.P. 205 
In Senate, March 3, 2015 
An Act To Increase the Beneficial Reuse of Waste Materials and To 
Promote Community-based Renewable Energy 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Senator: DILL of Penobscot, Representatives: BLACK of Wilton, 
DUCHESNE of Hudson. 
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 
(2)  That relies on wind power installations. 
Sec. 2.  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 excluding 
any generation consumed by the generator for internal or on-site use. 
Sec. 3.  35-A MRSA §3603, sub-§2, ¶¶A and B, as enacted by PL 2009, c. 329, 
Pt. A, §4, are amended to read: 
A.  The installed net generating capacity of a program participant may not exceed 10 
megawatts. 
B.  The total installed net generating capacity of all program participants combined 
may not exceed 50 megawatts. 
Sec. 4.  Community-based renewable energy pilot program projects.  
Notwithstanding the Maine Revised Statutes, Title 35-A, section 3609, a community-
based renewable energy project that has been certified by the Public Utilities Commission 
by December 31, 2015 as a program participant under the community-based renewable 
energy pilot program established in Title 35-A, section 3603 remains authorized to 
operate as a program participant as long as the program participant continues to take 
reasonable steps to develop and operate the project as determined by the commission. 
SUMMARY 
This bill allows biomass generators that are fueled by any type of anaerobic 
digestion, instead of anaerobic digestion of agricultural products, by-products and wastes 
only, as a new renewable capacity resource under the electricity generation supply source 
portfolio requirements. 
The bill specifies that the basis to be used for determining capacity under the 
community-based renewable energy pilot program is net generating capacity, rather than 
installed generating capacity.  It also provides that projects authorized and certified by the 
Public Utilities Commission before December 31, 2015 retain those approvals as long as 
the project continues to develop and operate.