An Act To Remove the 100-megawatt Limit on Hydroelectric Generators under the Renewable Resources Laws
Maine Legislature, Session 128, LD 0532
Committee: Energy, Utilities and Technology
Sponsors: O'CONNOR, MASON, HANLEY, HARVELL, KINNEY, PIERCE, SUTTON, TURNER, COLLINS, HAMPER
Amends: 35-A MRSA §3210

Legislative Document
No. 532
H.P. 376
House of Representatives, February 9, 2017
An Act To Remove the 100-megawatt Limit on Hydroelectric 
Generators under the Renewable Resources Laws
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative O'CONNOR of Berwick.
Cosponsored by Senator MASON of Androscoggin and
Representatives: HANLEY of Pittston, HARVELL of Farmington, KINNEY of Knox, 
PIERCE of Dresden, SUTTON of Warren, TURNER of Burlington, Senators: COLLINS of 
York, HAMPER of Oxford.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3210, sub-§2, ¶B-3, as amended by PL 2015, c. 220, §1, is 
further 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;  
(f)  Biomass generators that are fueled by wood, wood waste or landfill gas; 
or 
(g)  Anaerobic digestion of by-products of waste from animals or agricultural 
crops, food or vegetative material, algae or organic refuse; or 
(2)  That relies on wind power installations.; or 
(3) That relies on hydroelectric generators that meet all state and federal fish 
passage requirements applicable to the generators. 
Sec. 2.  35-A MRSA §3210, sub-§2, ¶C, as amended by PL 2009, c. 542, §5, is 
further amended to read: 
C.  "Renewable resource" means a source of electrical generation: 
(1)  That qualifies as a small power production facility under the Federal Energy 
Regulatory Commission rules, 18 Code of Federal Regulations, Part 292, Subpart 
B, as in effect on January 1, 1997; or 
(2)  Whose total power production capacity does not exceed 100 megawatts and 
that relies on one or more of the following: 
(a)  Fuel cells; 
(b)  Tidal power; 
(c)  Solar arrays and installations; 
(d)  Wind power installations; 
(e)  Geothermal installations; 
(f)  Hydroelectric generators; 
(g)  Biomass generators that are fueled by wood or wood waste, landfill gas 
or anaerobic digestion of agricultural products, by-products or wastes; or 
(h)  Generators fueled by municipal solid waste in conjunction with 
recycling.; or 
(3) That relies on hydroelectric generators. 
SUMMARY 
This bill removes the 100-megawatt maximum capacity limit for a hydroelectric 
generator that meets all state and federal fish passage requirements applicable to 
generators to qualify as a renewable capacity resource and for a hydroelectric generator to 
qualify as a renewable resource for the purpose of meeting the State's renewable resource 
portfolio requirement.