An Act To Reform Maine's Renewable Portfolio Standard
Maine Legislature, Session 129, LD 1494
Committee Amendment CA_A_S307 (Senate)
Amends: 35-A MRSA §3210-G

COMMITTEE AMENDMENT "A" to S.P. 457, L.D. 1494, Bill, "An Act To 
Reform Maine's Renewable Portfolio Standard" 
Amend the bill in section 1 in §3210 by inserting after subsection 1 the following: 
'1-A. State goals for consumption of electricity from renewable resources. The 
State's goals for increasing consumption of electricity in the State that comes from 
renewable resources are as follows: 
A. By January 1. 2030. 80% of retail sales electricity in the State will come from 
renewable resources: and 
B. By January 1. 2050. 100% ofretail sales electricity in the State will come from 
renewable resources.' 
Amend the bill in section 1 in §3210 in subsection 2 in paragraph A-1 in the last line 
(page 1, line 28 in L.D.) by striking out the following: "subsection 3-A" and inserting the 
following: 'st:1bseetion subsections 3-A. 3-B and 3-C' 
Amend the bill in section 1 in §3210 in subsection 2 by adding after paragraph A-1 
the following: 
'A-2. "Class I resource" means a new renewable capacity resource. 
A-3. "Class IA resource" means a Class I resource other than a Class I resource that 
for at least 2 years was not operated or was not recognized by the New England 
independent system operator as a capacity resource and. after September 1. 2005. 
resumed operation or was recognized by the New England independent system 
operator as a capacity resource.' 
Amend the bill in section 1 in §3210 in subsection 2 in paragra11h Bin the first line 
(page 1, line 29 in L.D.) by inserting after the following: " "Eligible resource" " the 
following: 'or "Class II resource" ' 
Amend the bill in section 1 in §3210 in subsection 2 by striking out all of paragraphs 
B-4 and B-5 (page 2, lines 14 to 38 and page 3, lines 1 to 16 in L.D.) and inserting the 
following: 
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'B-4. 
"New" as applied to aey ~ renewable capacity resource means qualified 
hydroelectric output or a renewable capacity resource that: 
(1) Has an in-service date after September 1, 2005; 
(2) Was added to an existing facility after September 1, 2005; 
(3) For at least 2 years was not operated or was not recognized by the New 
England independent system operator as a capacity resource and, after September 
1, 2005, resumed operation or was recognized by the New England independent 
system operator as a capacity resource. For the purposes of this subparagraph, 
"capacity resource" has the same meaning as in section 3210-C, subsection 1, 
paragraph A; or 
(4) 
Was refurbished after September 1, 2005 and is operatmg bsyonel its 
previous useful life or is employin:g an alternate technology that sign.-ificantly 
increases the efficiency of the generation process. received certification from the 
commission: 
(a) Before September 1, 2019 that it is operating beyond its previous useful 
life or is employing an alternate technology that significantly increases the 
efficiency of the generation process: or 
(b) On or after September 1, 2019 that it is operating beyond its previous 
useful life as evidenced by a finding that the facility would be reasonably 
likely to cease operation if not for substantial capital investment made after 
September l, 2018. except for capital investment required to meet state and 
federal fish passage standards. 
For the purposes of this subparagraph, "refurbished" means an investment has 
been made in equipment or facilities, other than for routine maintenance and 
repair, to renovate, reequip or restore the renewable capacity resource. 
For the purposes of this paragraph, "capacity resource" has the same meaning as in 
seetion 3210 C, subsection 1, paragraph/,., For the purposes of this paragraph, "to 
refm:bish" means to make an investment in equipment or faeilitiss, other than for 
routine maintenance anel repair, to renovate, reequip or restore the rene•Nable capaeity 
resouree. 
B-5. "Qualified hydroelectric output" means the following annual percentages of the 
total electrical output of a hydroelectric generator licensed by the Federal Energy 
Regulatory Commission that is a renewable capacity resource and that on January l, 
2019 had a total nameplate capacity of at least 25 megawatts, as specified in the 
license issued by the Federal Energy Regulatory Commission, is located outside of 
the historic freshwater range of the Gulf of Maine distinct population segment of 
Atlantic salmon as defined by the National Oceanic and Atmospheric Administration, 
National Marine Fisheries Service in 74 Federal Register, 29299 (2009) and 29343 
(2009), and is interconnected to an electric distribution system located in the State: 
(1) In 2020, 40%, not to exceed an aggregate of 200,000 megawatt-hours for all 
qualified hydroelectric output: 
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(2) In 2021. 50%, not to exceed an aggregate of 250,000 megawatt-hours for all 
qualified hydroelectric output: 
(3) In 2022, 60%, not to exceed an aggregate of 300,000 megawatt-hours for all 
qualified hydroelectric output: 
(4) In 2023. 70%; 
(5) In 2024. 80%; 
(6) In 2025. 90%; and 
(7) In 2026 and each year thereafter, 100%.' 
Amend the bill in section 1 in §3210 in subsection 2 by striking out all of paragraph 
D (page 3, lines 33 to 38 and page 4, lines 1 to 5 in L.D.) and inserting the following: 
'D. 
"Thermal energy" means heat. steam, hot water or another form of thermal 
energy: 
(1) Produced directly by a facility using sunlight. biomass. biogas or liquid 
biofuel or produced as a byproduct of electricity generated by a Class I or Class 
IA resource; 
(2) That begins operation after June 30, 2019, as certified by the commission: 
(3) Delivered to an end user in the State in a manner that can be verified by 
metering or other means certified by the commission to allow for auditable 
validation of useful thermal energy generated: 
(4) Used for heating, cooling, humidity control, process use or other end use to 
meet a need of the end user that would otherwise be met using another energy 
source such as electricity or an on-site thermal energy system: and 
(5) 
Generated or delivered in accordance with any efficiency performance 
standards established by the commission.' 
Amend the bill in section 1 in §3210 by striking out all of subsections 3, 3-A, 3-B and 
(page 4, lines 15 to 39, page 5, lines 1 to 40, page 6, lines 1 to 41 and page 7, lines 1 to 
in L.D.) and inserting the following: 
'3. 
Portfolio requirements; Class II resources. 
As a condition of licensing 
pursuant to section 3203, each competitive electricity provider in this State must 
demonstrate in a manner satisfactory to the commission that no less than 30% of its 
portfolio of supply sources for retail electricity sales in this State is accounted for by 
eligible Class II resources. If a competitive electricity provider represents to a customer 
that the provider is selling to the customer a portfolio of supply sources that includes 
more than 30% eligible Class II resources, the resources necessary to supply more than 
30% of that customer's load may not be applied to meet the aggregate 30% portfolio 
requirement. Rules adopted under this subsection are major substantive rules pursuant to 
Title 5, chapter 375, subchapter II-A 2-A. 
A. For the purposes of meeting the portfolio requirement under this subsection, a 
300% multiplier is applied to the output of a generator fueled by municipal solid 
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waste in conjunction with recycling that has obtained a solid waste facility license 
from the Department of Environmental Protection. 
This paragraph is repealed January 1, 2025. 
3-A. Portfolio requirements; Class I resources. Portfolio requirements for :eew 
nm@nRhJg oanaoitv Class I resources are governed by this subsection. 
A. Except as provided in paragraph B, beginning January 1, 2008, as a condition of 
licensing pursuant to section 3203, each competitive electricity provider in this State 
must demonstrate in a manner satisfactory to the commission that the percentage of 
its portfolio of supply sources for retail electricity sales in this State accounted for by 
nsJ..v rsns:wabls oanaeitv Class I resources is as follows: 
(1) One percent for the period from January 1, 2008 to December 31, 2008; 
(2) Two percent for the period from January 1, 2009 to December 31, 2009; 
(3) Three percent for the period from January 1, 2010 to December 31, 2010; 
(4) Four percent for the period from January 1, 2011 to December 31, 2011; 
(5) Five percent for the period from January 1, 2012 to December 31, 2012; 
( 6) Six percent for the period from January 1, 2013 to December 31, 2013; 
(7) Seven percent for the period from January 1, 2014 to December 31, 2014; 
(8) Eight percent for the period from January 1, 2015 to December 31, 2015; 
(9) Nine percent for the period from January 1, 2016 to December 31, 2016; and 
(10) Ten percent for the period from January 1, 2017 to December 31, 2022 and 
each year thereafter. 
N~v renewable eapaoity Class I resources used to satisfy the requirements of this 
paragraph may not be used to satisfy the requirements of subsection 3 or 3-B. 
B. Suspensions of scheduled increases in the portfolio requirements as provided in 
paragraph A are governed by this paragraph. 
(1) If by March 31st of the years 2010, 2012, 2014 and 2016 the commission 
determines that investment in nevi renewable oapaoity Class I resources in the 
preceding 2 calendar years has not been sufficient for competitive electricity 
providers to meet the portfolio requirements under paragraph A and that the 
resulting use of renewable energy credits pursuant to subsection 8 or the 
alternative compliance payment mechanism pursuant to subsection 9, or both of 
these methods, has burdened electricity customers in the State without providing 
the benefits of ne>.v rene>.vable oapaeity Class I resources, the commission may 
suspend all or some of the future scheduled increases in the portfolio 
requirements under paragraph A. 
(2) If the commission finds that alternative compliance payments are made 
pursuant to subsection 9 in 3 consecutive calendar years, the commission shall 
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temporarily suspend all or some of the future scheduled increases in the portfolio 
requirements under paragraph A. 
(3) 
If the commission suspends any scheduled increases in the portfolio 
requirements under paragraph A pursuant to subparagraph (1) or (2), the 
commission may resume increases, limited to no more than one percentage point 
per year over the previous year, in the portfolio requirements after a minimum of 
one year. 
C. No later than March 31, 2008 and annually thereafter, the commission shall 
submit a report regarding the status of ne1vv renewable capacity Class I resources in 
the State and compliance with the portfolio requirements under paragraph A to the 
joint standing committee of the Legislature having jurisdiction over utilities and 
energy matters. The report must include, but is not limited to, a description of new 
rene>.vable capacity Class I resources available to meet the portfolio requirements 
under paragraph A, documentation of the loss of any existing renewable generation 
capacity in the State, the status of implementation of the new renewable capacity 
resoltfces portfolio requirements under paragraph A, including any suspensions 
pursuant to paragraph B, and recommendations to stimulate investment in new 
reae>.vable eaoaci-tv Class I resources. 
D. 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 is 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 under this 
subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
3-B. Portfolio requirements; Class IA resources. Portfolio requirements for Class 
IA resources are governed by this subsection. 
A. Except as provided in paragraph B. beginning January 1, 2020. as a condition of 
licensing pursuant to section 3203. each competitive electricity provider in this State 
must demonstrate in a manner satisfactory to the commission that the percentage 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. accounted for by Class IA resources is as follows: 
(1) Two and one-half percent for the period from January 1, 2020 to December 
31, 2020; 
(2) Five percent for the period from January 1, 2021 to December 31. 2021; 
(3) Eight percent for the period from January 1, 2022 to December 31, 2022; 
( 4) Eleven percent for the period from January 1, 2023 to December 31, 2023; 
(5) Fifteen percent for the period from January 1, 2024 to December 31, 2024; 
(6) Nineteen percent for the period from January 1, 2025 to December 31, 2025; 
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(7) Twenty-three percent for the period from January 1, 2026 to December 31, 
2026; 
(8) Twenty-seven percent for the period from January 1, 2027 to December 31, 
2027; 
(9) Thirty-one percent for the period from January 1, 2028 to December 31, 
2028; 
(10) Thirty-five percent for the period from January 1, 2029 to December 31, 
2029:and 
(11) Forty percent for the period from January 1, 2030 to December 31, 2030 
and each year thereafter. 
Class IA resources used to satisfy the requirements of this paragraph may not be used 
to satisfy the requirements of subsection 3 or 3-A. 
B. Suspensions of scheduled increases in the portfolio requirements as provided in 
paragraph A are governed by this paragraph. 
(1) If by March 31st of the year 2022 and every 2 years thereafter the 
commission determines that investment in Class IA resources in the preceding 2 
calendar years has not been sufficient for competitive electricity providers to 
meet the portfolio requirements under paragraph A and that the resulting use of 
renewable energy credits pursuant to subsection 8 or the alternative compliance 
payment mechanism pursuant to subsection 9, or both of these methods, has 
burdened electricity customers in the State without providing the benefits of new 
Class IA resources, the commission may suspend all or some of the future 
scheduled increases in the portfolio requirements under paragraph A. 
(2) If the commission finds that more than 10% of the obligations required to 
satisfy the portfolio requirements for Class IA resources under paragraph A are 
met through alternative compliance payments made pursuant to subsection 9 in 3 
consecutive calendar years. the commission shall temporarily suspend all or some 
of the future scheduled increases in the portfolio requirements under paragraph 
A. 
. 
(3) 
If the commiss1on suspends any scheduled increases in the portfolio 
requirements under paragraph A pursuant to subparagraph (1) or (2), the 
commission shall report its rationale for suspension to the joint standing 
committee of the Legislature having jurisdiction over energy and utilities matters, 
the Governor's Energy Office and the Office of the Public Advocate and make 
recommendations for modifications to the schedule of increases. The commission 
may resume increases, limited to no more than one percentage point per year over 
the previous year, in the portfolio requirements after a minimum of one year 
unless otherwise directed by the Legislature. 
C. No later than March 31. 2021 and annually thereafter, the commission shall 
submit a report regarding the status of Class IA resources in the State and compliance 
with the portfolio requirements under paragraph A to the joint standing committee of 
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the Legislature having jurisdiction over utilities and energy matters. The report must 
include, but is not limited to, a description of Class IA resources available to meet the 
portfolio requirements under paragraph A. documentation of the loss of any existing 
renewable generation capacity in the State, the status of implementation of the 
portfolio requirements under paragraph A. including any suspensions pursuant to 
paragraph B. and recommendations to stimulate investment in Class IA resources. If 
the commission has reliable information about benefits and costs of the portfolio 
requirements under paragraph A. over both the short and long terms with respect to 
the State's economy. environmental quality or electricity consumers, the commission 
shall include that information in the report. The report required under this paragraph 
may be submitted in conjunction with the report required under subsection 3-A, 
paragraph C. 
D. 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 existing term of the supply contract or standard-offer service 
arrangement. 
The commission shall adopt rules to implement this subsection. Rules adopted under this 
subsection are routine technical rules pursuant to Title 5, chapter 375. subchapter 2-A. 
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%. 
4. RepoFt. In view of property tax benefits, de:velopments in. other states and the 
deyelopment of a market for tradable eredits for satisfyin.g eligible resDl:tfoe reqmrements, 
the oommission shall reYiew the 30% portfolio requirement and make a reoommendation 
for any ohange to the j oin.t standin.g oommittee of the Legislatu:re havin.g jurisdiotion over 
tLtilities and enerev matters Ro later than 5 vears after the beein.nin.!l of retail oomeetition.' 
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Amend the bill in section 1 in §3210 in subsection 8 in the 2nd line (page 7, line 24 in 
L.D.) by striking out the following: "3 and 3-A" and inserting the following: '3 arui,. 3-A,. 
3-B and 3-C' 
Amend the bill in section 1 in §3210 by striking out all of subsection 9 (page 7, lines 
to 42 and page 8, lines 1 to 8 in L.D.) and inserting the following: 
'9. Alternative compliance payment. The commission shall allow competitive 
electricity providers to satisfy the portfolio requirements for n@.v renewable capacity 
Class I resources under subsection 3-A. Class IA resources under subsection 3-B and 
thermal renewable energy credits under subsection 3-C through an alternative compliance 
payment mechanism in accordance with this subsection. 
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 ffi:lbsection 
subsections 3-A. 3-B and 3-C and investment in new renewable capacity resomces 
Class I and Class IA resources and thermal renewable energy credits in the State 
during the previous calendar year. 
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 under this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
10. Transmission or subtransmission customer options. A customer receiving 
service at a transmission or subtransmission voltage level. referred to in this subsection as 
"a large customer." may make an election under this subsection relating to Class IA 
resources portfolio requirements under subsection 3-B, the thermal renewable energy 
credit requirements under subsection 3-C and the costs and benefits resulting from Class 
IA resource contracts under section 3210-G. 
The election must be made no later than 
December 31, 2019. If a large customer makes an election under this paragraph, the 
following provisions apply. 
A. With respect to Class IA resources portfolio requirements under subsection 3-B 
and the thermal renewable energy credit requirements under subsection 3-C: 
(1) The election applies through December 31, 2027, unless rescinded earlier in 
accordance with this subsection. 
The customer may rescind an election in 
accordance with paragraph C. If the customer does not rescind an election in 
accordance with paragraph C, the customer may rescind its election solely with 
respect to Class IA resources portfolio requirements under subsection 3-B and the 
thermal renewable energy credit requirements under subsection 3-C by providing 
notice to the commission. 
The election with respect to Class IA resources 
portfolio requirements under subsection 3-B and the thermal renewable energy 
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credit requirements under subsection 3-C is rescinded 6 months after the date of 
notice provided under this subparagraph. After December 31. 2027, the election 
with respect to Class IA resources portfolio requirements under subsection 3-B 
and the thermal renewable energy credit requirements under subsection 3-C is 
automatically terminated: and 
(2) As long as the election remains in effect: 
(a) 
All retail sales of electricity to that customer are exempt from the 
requirements of subsections 3-B and 3-C; and 
(b) No electricity generation or renewable energy credits produced by the 
customer may be used or applied to satisfy the requirements of subsection 
3-B or 3-C. 
B. With respect to the costs and benefits resulting from Class IA resource contracts 
under section 3210-G: 
(1) 
The election may not be rescinded except as provided in paragraph C. 
Except as provided in paragraph C, if a large customer makes an election under 
this subsection, the commission shall ensure that the customer: 
(a) Does not pay any costs or receive any savings that the commission 
determines to result from contracts approved under section 3210-G; and 
(b) Is not allowed to bid on any solicitation or obtain a contract under any 
procurement under section 3210-G. 
C. A large customer may rescind an election in accordance with this paragraph. In 
order to rescind an election under this paragraph. the customer must provide notice to 
the commission no later than 30 days after the commission initiates the 2nd 
solicitation under section 3210-G. An election is rescinded 6 months after the date of 
notice provided under this paragraph. 
If an election is rescinded under this 
paragraph, it is rescinded with respect to Class IA resources portfolio requirements 
under subsection 3-B. the thermal renewable energy credit requirements under 
subsection 3-C and the costs and benefits resulting from Class IA resource contracts 
under section 3210-G, except that with respect to contracts under section 3210-G that 
are approved pursuant to the first solicitation before December 31, 2020, the 
commission shall continue to ensure that the customer does not pay any costs or 
receive any savings that the commission determines to result from those contracts, for 
the duration of those contracts. 
The commission shall review and report on the use of the election allowed under this 
subsection as part of its annual report on Class IA resource portfolio requirements under 
subsection 3-B. paragraph C. No later than January 1, 2027, the joint standing committee 
of the Legislature having jurisdiction over energy and utilities matters shall review the 
elections that have been made under this subsection and examine whether the December 
31, 2027 date established in paragraph A, subparagraph (1) should be extended. The 
committee may report out a bill relating to the subject matter of this subsection to the 
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11. Report; Class IA resource and thermal renewable energy credit portfolio 
requirements. By March 31, 2024 and every 5 years thereafter. the commission shall 
submit a report to the joint standing committee of the Legislature having jurisdiction over 
energy matters based on a review, conducted in consultation with the Governor's Energy 
Office, of the status and impacts of the implementation of the portfolio requirements for 
Class IA resources under subsection 3-B and thermal renewable energy credits under 
subsection 3-C. The review must be completed through a public process and must include 
consideration of impacts of these renewable portfolio requirements on energy prices and 
assessment of benefits on greenhouse gas emissions and the economy of the State. The 
report required under this subsection may be submitted in conjunction with the report 
required under subsection 3-A. paragraph C. After reviewing the report required under 
this subsection, the committee may report out legislation regarding renewable portfolio 
requirements.' 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 35-A MRSA §3210-G is enacted to read: 
§3210-G. Renewable portfolio standard procurement 
The commission shall direct investor-owned transmission and distribution utilities to 
enter into one or more contracts for energy or renewable energy credits from Class IA 
resources in accordance with this section. 
Customers who have made an election 
pursuant to section 3210, subsection 10 are subject to prohibitions on bidding on or 
obtaining a contract under this section as provided in section 3210, subsection 10. For 
purposes of this section. "Class IA resource" and "renewable energy credit" have the 
same meanings as in section 3210, subsection 2. 
1. 
Competitive procurement. 
The commission shall conduct 2 competitive 
solicitations in order to select Class IA resources for contracts under this section. 
A. 
Through competitive solicitations under this section, the commission shall 
procure an amount of energy or renewable energy credits from Class IA resources 
that is equal to 14% ofretail electricity sales in this State for the period from January 
1, 2018 to December 31, 2018, as determined by the commission. 
(1) The commission shall initiate a first competitive solicitation and ensure that 
solicitation results in the approval of contracts by December 31, 2020 for energy 
or renewable energy credits equal to at least 7% of retail electricity sales for the 
period from January 1, 2018 to December 31, 2018, as determined by the 
commission. If the commission determines that contracts for an amount greater 
than 7% of retail electricity sales will provide financial benefits to ratepayers, it 
may approve contracts by December 31, 2020 for up to 10% of retail electricity 
sales. 
(2) 
No later than January 15, 2021, the commission shall initiate a 2nd 
competitive solicitation for an amount of energy or renewable energy credits 
equal to the difference between 14% of retail electricity sales and the amount 
approved in contracts by December 31, 2020. 
B. To the extent sufficient resources are available, 75% of the energy or renewable 
energy credits contracted under this section must come from Class IA resources that 
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begin commercial operations after June 30, 2019 and 25% must come from Class IA 
resources that began commercial operations on or prior to June 30, 2019. 
C. In conducting a solicitation and selecting Class IA resources for contracts under 
this section, the commission shall weigh the benefits to ratepayers and the benefits to 
the State's economy as follows: 
(l) A weight of70% must be given to the benefits to ratepayers; and 
(2) A weight of 30% must be given to benefits to the economy, which may 
include, but are not limited to: 
{a) 
Capital investments by the Class IA resource to improve long-term 
viability of an existing facility; 
(b) Payments by the Class IA resource for the harvest of wood fuel; 
{c) Employment resulting from the Class IA resource; 
(d) Payments by the Class IA resource to a host community, whether or not 
required by law or rule; 
(e) Excise, income, property and sales taxes paid by the Class IA resource: 
{f) Purchases of goods and services by the Class IA resource; and 
(g) A voided emissions resulting from the operation of the Class IA resource. 
D. The commission shall, in accordance with this paragraph, allow energy storage 
systems to participate in solicitations or be awarded contracts under this section. 
(l) The commission shall permit an energy storage system to bid on solicitations 
or to be contracted under this section only if the energy storage system is 
connected to the State's electricity grid, paired as a complementary resource with 
a Class IA resource and either: 
{a) Colocated with the Class IA resource. whether metered jointly with or 
separately from the Class IA resource; or 
{b) 
Located at a different location from the Class IA resource and the 
commission finds that inclusion of the energy storage system would result in 
a reduction in greenhouse gas emissions. 
(2) A bid under this section that includes an energy storage system must include 
separate bid proposals. one with the energy storage system and one without. 
The commission shall assess the bid proposals based on the benefits to 
ratepayers. which may include, but are not limited to: 
{a) Reduction in costs: 
{b) Decrease in peak electricity demand; 
{c) Deferral of investments in the transmission and distribution system; 
(d) Deferral of capital investments in new generating capacity; 
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(e) 
Increase in the electricity grid's overall flexibility, reliability and 
resiliency; and 
(f) Reduction in greenhouse gas emissions. 
(3) An energy storage system that is not colocated with a Class IA resource may 
receive renewable energy credits only for stored energy generated from a Class 
IA resource. 
(4) If chosen for a contract under this section, an energy storage system must 
remain stationary and under the same ownership throughout the contract term. 
(5) The commission may permit an energy storage system to be paired with and 
added to a Class IA resource after that resource has been awarded a contract. 
For the purposes of this paragraph, "energy storage system" means a commercially 
available technology that uses mechanical, chemical or thermal processes for 
absorbing energy and storing it for a period of time for use at a later time. 
2. Contract terms. A contract entered into pursuant to this section must be for a 
term of 20 years, unless the commission finds a contract for a longer term to be prudent. 
If a Class IA resource offers to sell capacity. the commission may allow a contract with 
that resource to include the purchase of such capacity, but the commission may not 
require any Class IA resource to offer or sell capacity in order to participate in any 
solicitation or contract under this section. 
3. Report. No later than March 31, 2023 and biennially thereafter. the commission 
shall submit a report regarding the status of contracts for Class IA resources under this 
section to the joint standing committee of the Legislature having jurisdiction over utilities 
and energy matters. The report must include, but is not limited to, a description of Class 
IA resources participating in competitive solicitations. information about the resources 
selected for contracts and the selection process, the benefits and costs of the contracts and 
recommendations about how to further stimulate investment in Class IA resources or 
achieve ratepayer benefits from Class IA resources. The report may include information 
about benefits and costs of the contracts to the State's economy, environmental quality or 
electricity consumers over both the short and long terms. Any analysis of the benefits or 
costs of the contracts must be based on a forecast of all avoided costs resulting from the 
contracts that is transparent and balanced over the long term. 
Sec. 3. Study; report; renewable energy goals market assessment. The 
Governor's Office of Policy and Management and the Governor's Energy Office shall 
jointly conduct a market assessment study, including an in-depth analysis and review of 
the opportunities, potential and challenges facing the State in reaching the goal by 
January 1, 2030 that 80% of retail electricity sales in this State will come from renewable 
energy resources, and shall, no later than January 31, 2021, submit a report on the market 
assessment study, along with any recommendations on adjustments or changes to the 
renewable portfolio requirements in the Maine Revised Statutes, Title 35-A, section 3210, 
to the joint standing committee of the Legislature having jurisdiction over energy and 
utilities matters. 
1. The market assessment study must include, but is not limited to, examination of: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ft" to S.P. 457, L.D. 1494 ( ') ~pt) 
A. The availability of commercially viable renewable energy technologies, including 
emerging technologies, in the State and region between 2020 and 2030; 
B. The estimated electricity costs and benefits for ratepayers and the capacity of 
commercially viable renewable energy technologies during the 10-year period 
between 2020 and 2030, including the remaining useful lives of existing technology 
in use during that period; 
C. The time frames for permitting, financing and construction for commercially 
viable renewable technologies in the State and region; 
D. The policy and regulatory options and structures that may influence the speed, 
predictability and cost to ratepayers associated with the development of renewable 
energy technologies in this State and the amount of renewable energy generated; 
E. Policies and regulations in other states and the region, including an analysis of the 
dynamics between and among the various states, provinces and this State, and the 
importance and role of generating 80% of electricity from renewable capacity 
resources in achieving the greenhouse reduction limits in Title 38, chapter 3-A in a 
cost-effective manner; and 
F. In coordination with the Department of Environmental Protection, the benefits and 
costs of incentives provided to generators fueled by municipal solid waste, landfill 
gas facilities and anaerobic digestion facilities under the State's renewable portfolio 
requirements. The examination must also consider and make recommendations for 
further alignment between renewable energy and solid waste policy initiatives. 
2. Upon written request of the Governor's Office of Policy and Management or the 
Governor's Energy Office, the Public Utilities Commission shall provide for the study: 
A. Reasonable technical, legal and other assistance, including the provision of 
requested information; and 
B. Funding for staff and consultants in an amount not to exceed $150,000. Any such 
costs must be recovered through assessments on transmission and distribution utilities 
in accordance with Title 35-A, section 116. 
3. The Governor's Office of Policy and Management and the Governor's Energy 
Office shall encourage state agencies, including the Office of the Public Advocate, and 
other interested parties to submit relevant information, including data, to inform the 
market assessment study. Not more than 60 days prior to issuance of the report required 
by this section, the offices shall invite interested parties to provide comments on draft 
proposed conclusions of the study. 
Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC UTILITIES COMMISSION 
Public Utilities - Administrative Division 0184 
Initiative: Provides an allocation for consulting services related to the analysis of the 
economic benefit of renewable portfolio requirements and the procurement of renewable 
energy. 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT" l\-"toS.P.457,L.D.1494 (5. _3:..57) 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2019-20 
$300,000 
$300,000 
2020-21 
$300,000 
$300,000 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It adds state goals for consumption of electricity from renewable resources. 
2. It updates renewable portfolio requirement terminology to use the terms "Class I" 
and "Class II," which are the terms used in practice and in agency rules. 
3. It clarifies certain definitions in the bill. 
4. It creates a Class IA renewable resource portfolio requirement and removes the 
increased requirements for Class I resources that are in the bill; the new Class IA 
requirement combined with the existing Class I requirement preserves the overall 
increase in requirements to 50% by 2030 that is in the bill. 
5. It applies a 300% multiplier for the output of a generator fueled by municipal solid 
waste in conjunction with recycling in Class II. 
6. It delays by one year the portfolio requirements for thermal renewable energy 
credits in the bill. 
7. It extends the alternative compliance payment policy to Class IA resources and 
thermal renewable energy credit requirements, and establishes a maximum alternative 
compliance payment rate of $50 for Class I, Class IA and thermal renewable energy 
credits. 
8. It creates options for electricity customers that receive service at the transmission 
or subtransmission voltage level to elect to opt out of Class IA resource portfolio 
requirements and thermal renewable energy credit requirements and the costs and 
benefits resulting from long-term contracts for Class IA resources. 
9. It requires the Public Utilities Commission to submit a report by March 31, 2024 
and every 5 years thereafter regarding the status and impacts of implementing the 
portfolio requirements for Class IA resources and thermal renewable energy credits. 
10. It amends the long-term contracting provisions in the bill to require 2 competitive 
solicitations for contracts with Class IA resources to procure, in total, an amount of 
energy or renewable energy credits equal to 14% of retail electricity sales in the State 
during calendar year 2018. It also adds language to allow energy storage systems to be 
awarded long-term contracts when paired as a complementary resource with a Class IA 
resource. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 457, L.D. 1494 ( 'S · 30 l) 
11. It directs the Governor's Office of Policy and Management and the Governor's 
Energy Office to conduct a market assessment study and analysis of opportunities, 
potential and challenges in meeting the State's renewable energy goals. The report is due 
January 31, 2021. 
12. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/14/19 ;wae 
LD 1494 
LR 1616(02) 
An Act To Reform Maine's Renewable Portfolio Standard 
Fiscal Note for Bill as Amended by Committee Amendment 'A'' [S · 'SD"l) 
Committee: Energy, Utilities and Technology 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY2020-21 
$300,000 
$300,000 
$300,000 
$300,000 
Projections 
FY2021-22 
$300,000 
$300,000 
Projections 
FY 2022-23 
$300,000 
$300,000 
The bill directs the Public Utilities Commission to enter into long term contracts for the procurement of renewable 
capacity resources and establishes the evaluative criteria the PUC must use when awarding the contracts. The PUC 
has indicated that certain assessments related to the economic benefits of the contracts will require the use of an 
outside consultant. Based on the cost of previous consulting agreements, the PUC estimates these contracted services 
would cost $300,000 a year beginning in fiscal year 2019-20. The PUC is funded by an assessment set to produce 
sufficient revenue for the expenditures allocated by the Legislature for operating the PUC. The increased allocations 
in this bill require a corresponding increase in revenue from the assessment on transmission and distribution utilities. 
These costs may eventually be passed on to customers through scheduled rate cases. 
The bill also directs the Governor's Office of Policy and Management and the Future (OPMF) and the Governor's 
Energy Office (GEO) to conduct a market assessment study and an analysis of the opportunities, potential and 
challenges of meeting the State's renewable energy goals. Upon request, the PUC may provide technical, legal and 
other assistance to the OPMF and GEO as part of the study and may recover up to $150,000 of the cost of doing so 
from an additional assessment on transmission and distribution utilities. If the PUC's assistance is requested, a 
financial order for an additional allocation would be required to allow for the expenditure of the funds. 
LR1616(02) - Fiscal Note - Page 1 of 1