An Act To Authorize Separate Alternative Compliance Payment Rates for Maine's Renewable Portfolio Standard and To Amend the Laws Governing Thermal Renewable Energy Credits
Maine Legislature, Session 129, LD 1896
Committee: Energy, Utilities and Technology
Sponsors: VITELLI, BERRY, LAWRENCE, WOODSOME, HUBBELL, RILEY
Amends: 35-A MRSA §3210

Legislative Document
No. 1896
S.P. 648
In Senate, December 24, 2019
An Act To Authorize Separate Alternative Compliance Payment 
Rates for Maine's Renewable Portfolio Standard and To Amend the 
Laws Governing Thermal Renewable Energy Credits
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 20, 2019.  Referred to the Committee 
on Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Representative BERRY of Bowdoinham and
Senators: LAWRENCE of York, WOODSOME of York, Representatives: HUBBELL of Bar 
Harbor, RILEY of Jay.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to provide guidance for rulemaking as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3210, sub-§3-C, as enacted by PL 2019, c. 477, §1, is 
amended to read:
3-C.  Portfolio requirements; thermal renewable energy credits.  Each 
competitive electricity provider must, in addition to meeting the other portfolio 
requirements of subsections 3, 3-A and 3-B, demonstrate in a manner satisfactory to the 
commission that it has purchased thermal renewable energy credits in an amount at least 
equal to the following percentages of its portfolio of supply sources for retail electricity 
sales in this State other than to customers who have made an election pursuant to 
subsection 10 that is in effect with respect to this subsection:
A.  For calendar year 2021, 0.4%;
B.  For calendar year 2022, 0.8%;
C.  For calendar year 2023, 1.2%;
D.  For calendar year 2024, 1.6%;
E.  For calendar year 2025, 2%;
F.  For calendar year 2026, 2.4%;
G.  For calendar year 2027, 2.8%;
H.  For calendar year 2028, 3.2%;
I.  For calendar year 2029, 3.6%; and
J.  For calendar year 2030, and each year thereafter, 4%.
Retail electricity sales pursuant to a supply contract or standard-offer service arrangement 
executed by a competitive electricity provider that is in effect on September 19, 2019 are 
exempt from the requirements of this subsection until the end date of the existing term of 
the supply contract or standard-offer service arrangement.
Sec. 2.  35-A MRSA §3210, sub-§9, ¶A, as amended by PL 2019, c. 477, §1, is 
further amended to read:
A.  The commission shall set the alternative compliance payment rate by rule, which 
may not be greater than $50, 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, reliance 
on alternative compliance payments to meet the requirements of subsections 3-A, 3-B 
and 3-C and investment in Class I and Class IA resources and thermal renewable 
energy credits in the State during the previous calendar year.  The commission may 
set separate alternative compliance payment rates for Class I resources under 
subsection 3-A, Class IA resources under subsection 3-B and thermal renewable 
energy credits under subsection 3-C.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill provides that retail electricity sales pursuant to a supply contract or standard-
offer service arrangement executed by a competitive electricity provider that is in effect 
on September 19, 2019 are exempt from the requirement for the purchase of thermal 
renewable energy credits until the end date of the existing term of the supply contract or 
standard-offer service arrangement.  It also allows the Public Utilities Commission to set 
separate alternative compliance payment rates for Class I resources, Class IA resources 
and thermal renewable energy credits under the laws governing renewable resources.