An Act To Expand Maine's Clean Energy Economy
Maine Legislature, Session 130, LD 1350
Committee Amendment CA_A_S544 (Senate)
Amends: 35-A MRSA §3210, 35-A MRSA §3210-G

COMMITTEE AMENDMENT "A " to S.P. 432, L.D. 1350, "An Act To Expand 
Maine's Clean Energy Economy" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 35-A MRSA §3210, sub-§2, 1A-1, as amended by PL 2019, c. 477, §1, is 
further amended to read: 
A-1. 
"Alternative compliance payment rate" means a certain dollar amount per 
kilowatt-hour set by the commission that a competitive electricity provider may pay to 
the commission to satisfy the portfolio requirements of subsections J., 3-A, 3-B and 
3-C. 
Sec. 2. 35-A MRSA §3210, sub-§9, as amended by PL 2021, c. 199, §1, is further 
amended to read: 
9. Alternative compliance payment. The commission shall allow competitive 
electricity providers to satisfy the portfolio requirements for Class I resources under 
subsection 3-A, Class IA resources under subsection 3-B aoo.,_ thermal renewable energy 
credits under subsection 3-C and Class II resources under subsection 3 through an 
alternative compliance payment mechanism in accordance with this subsection. 
A. The commission shall set the alternative compliance payment Fate rates by rule, 
which may not be greater than $50 for the requirements under subsections 3-A, 3-B 
and 3-C, and not greater than $10 for the requirement under subsection 3, and shall 
publish the alternative compliance payment Fate rates by January 31st of each year. In 
setting the Fate rates, 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 J., 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, including investments that may affect the 
availability or price of Class II resources. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 432, L.D. 1350 ( 5- S4 L/) 
B. 
The commission shall collect alternative compliance payments to meet the 
requirements of subsections~ 3-A and 3-B 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. 
C. 
The commission shall collect alternative compliance payments to meet the 
requirements of subsection 3-C made by competitive electricity providers and shall 
deposit all funds collected under this paragraph in the Thermal Energy Investment 
Fund established under section 10128, subsection 2 to be used to fund incentives and 
low-interest or no-interest loans to businesses, municipalities, educational institutions 
and nonprofit entities in the State for the installation of new thermal energy-derived 
projects. 
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. 
Sec. 3. 35-AMRSA §3210, sub-§11, as enacted by PL 2019, c. 477, §1, is amended 
to read: 
11. Report; Class U ... Fesouree and thermal renewable energy credit portfolio 
requirements. By March 31, ~ 
2023 and every 5 years thereafter, the qommission 
Governor's Energy Office 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 commission, of the status and impacts of 
the implementation of the portfolio requirements for Class IA, renewable resources under 
subsection subsections 3, 3-A and 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 including but not limited to 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. 
Sec. 4. 35-A MRSA §3210-G, sub-§1, as enacted by PL 2019, c. 477, §2, is 
amended to read: 
1. 
Competitive procurement. 
The commission shall conduct 2 competitive 
solicitations pursuant to paragraph A and 2 competitive solicitations pursuant to paragraph 
B-1 in order to select Class IA resources for contracts under this section. 
A. Through the competitive solicitations under this section described in subparagraphs 
(1) and (2). the commission shall procure an amount of energy or renewable energy 
credits from Class IA resources that is equal to 14% of the retail 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 under this 
paragraph and ensure that the solicitation results in the approval of contracts by 
December 31, 2020 for energy or renewable energy credits equal to at least 7% of 
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COMMITTEE AMENDMENT" A "to S.P. 432, L.D. 1350 ( $--SY L\} 
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 under this paragraph 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, with respect to the competitive 
solicitations described in paragraph A, subparagraphs (1) and (2). 75% of the energy 
or renewable energy credits contracted under this section pursuant to these competitive 
solicitations must come from Class IA resources that 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. 
B-1. Through the competitive solicitations described in subparagraphs (l) and (2). the 
commission shall procure additional energy or renewable energy credits from Class IA 
resources. 
(1) The commission shall initiate a competitive solicitation under this paragraph 
and ensure that the solicitation results in the approval of contracts by December 
31, 2023 for energy or renewable energy credits equal to 7.5% of the retail 
electricity sales in this State for the period from January 1, 2021 to December 31, 
2021 reduced by the amount of Class IA resources procured pursuant to section 
3210-I by January 1, 2023. as determined by the commission. 
(2) If the commission finds that any contracts entered into under paragraph A are 
unlikely to result in the procurement of the energy specified in the contracts. the 
commission shall initiate by January 31. 2024 a competitive solicitation to procure 
an equivalent amount of energy. 
B-2. To the extent sufficient resources are available. with respect to the competitive 
solicitations described in paragraph B-1. subparagraphs (l) and (2), 100% of the energy 
or renewable energy credits contracted under this section pursuant to those competitive 
solicitations must come from Class IA resources that begin commercial operations after 
June 30, 2022. 
B-3. In conducting a solicitation and selecting Class IA resources for contracts under 
this section, the commission shall give special consideration to selection of projects in 
economically depressed areas of the State as determined by the commission. 
B-4. In conducting a solicitation and selecting Class IA resources for contracts under 
this section. the commission shall give consideration to evidence of project viability. 
including. but not limited to, the submission of a preapplication with the relevant siting 
authority or the submission of an interconnection request with the New England 
independent system operator. 
B-5. In conducting a solicitation and in selecting Class IA resources for contracts under 
this section. the commission shall give consideration to the expected effect of selected 
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COMMITTEE AMENDMENT" A 
"to S.P. 432, L.D. 1350 Cs~ 5Y 1..-\) 
Class IA resources on other renewable resources, as defined in section 3210, subsection 
2, paragraph C, due to congestion and curtailment. 
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: 
(1) A weight of 70% must be given to the benefits to ratepayers; and 
(2) A weight of30% 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 v,zood 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) Avoided emissions resulting from the operation of the Class IA resource,~ 
and 
(h) Use of agricultural land the Department of Agriculture, Conservation and 
Forestry has found to be contaminated with perfluoroalkyl and polyfluoroalkyl 
substances, as defined in Title 38, section 1614. 
D. The commission shall, in accordance with this paragraph, allew give special 
consideration to energy storage systems to participate participating in solicitations or 
be awarded contracts under this section. 
(1) The commission shall permit an energy storage system to bid on solicitations 
orto 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. using a method published by the commission, that inclusion 
of the energy storage system would result in a reduction in greenhouse gas 
emissions. The commission shall apply the method consistently to all 
applicable bids and contracts. 
(2) A bid under this section that includes an energy storage system must include 2 
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; 
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COMMITTEE AMENDMENT" A "to S.P. 432, L.D. 1350 L s-5Y Y) 
(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; 
( 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 ov,nership 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. 
E. In advance of conducting a solicitation under this section and in coordination with 
the Governor's Energy Office and the Office of the Public Advocate, the commission 
shall seek opportunities to coordinate the solicitation with other New England states, 
entities designated by those states or other buyers in order to achieve a positive or 
neutral effect on the ratepayers in this State. 
Sec. 5. 35-A MRSA §3210-G, sub-§4 is enacted to read: 
4. Rules. The commission may adopt rules necessary for the implementation of this 
section. Rules adopted by the commission may include, but are not limited to, provisions 
stipulating the financial security mechanisms that will be required as a condition of the 
selection of Class IA resources for contracts under this section. Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment requires the Public Utilities Commission to establish an alternative 
compliance payment option for competitive electricity providers to satisfy the renewable 
resources portfolio requirements for Class II resources and establishes a maximum rate for 
that compliance payment option of $10. 
The amendment requires the Governor's Energy Office, in consultation with the Public 
Utilities Commission, to review the impacts of the State's renewable resources portfolio 
requirements and submit a report to the joint standing committee of the Legislature having 
jurisdiction over energy matters by March 31, 2023 and every 5 years thereafter. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 432, L.D. 1350 Cs-54 y J 
The amendment establishes an additional competitive solicitation for energy or 
renewable energy credits equal to 7 .5% of the retail electricity sales in this State for the 
period from January 1, 2021 to December 31, 2021 reduced by the amount of Class IA 
resources procured pursuant to the Maine Revised Statutes, Title 35-A, section 3210-I by 
January 1, 2023. The amendment also provides that the commission must initiate an 
additional solicitation if it finds that any contracts entered into under a previous 
procurement are unlikely to result in the procurement of energy specified in the contract. 
The amendment also requires the commission, in conducting the solicitation and 
selection of Class IA resources for contracts, to give special consideration to selection of 
projects in economically depressed areas of the State, to consider evidence of project 
viability and to consider the expected effect of selected Class IA resources on other 
renewable resources due to congestion and curtailment. The amendment also changes the 
benefits that may be considered by the commission in conducting a solicitation for Class 
IA resources in weighing benefits to ratepayers and the State's economy. In advance of 
conducting a solicitation for Class IA resources, the commission is required, in 
coordination with the Governor's Energy Office and the Office of the Public Advocate, to 
seek opportunities to coordinate the solicitation with other New England states, entities 
designated by those states or other buyers in order to achieve a positive or neutral effect on 
the ratepayers in this State. The amendment also provides the commission with rule-making 
authority for renewable energy portfolio standard procurement. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/05/22 feae. 
LD 1350 
LR 1499(02) 
An Act To Expand Maine's Clean Energy Economy 
Fiscal Note for Bill as Amended by Committee Amendment "{f'l s S-Y'-9 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Public Utilities Commission from the provisions in this bill are expected to be minor and 
can be absorbed within existing budgeted resources. 
LR1499(02) - Fiscal Note - Page 1 of 1