An Act To Require Prompt and Effective Use of the Renewable Energy Resources of Northern Maine
Maine Legislature, Session 130, LD 1710
Committee: Energy, Utilities and Technology
Sponsors: JACKSON, MARTIN, LAWRENCE, VITELLI, CUDDY
Amends: 35-A MRSA §3210-H

Legislative Document
No. 1710
S.P. 563
In Senate, May 18, 2021
An Act To Require Prompt and Effective Use of the Renewable 
Energy Resources of Northern Maine
Received by the Secretary of the Senate on May 14, 2021.  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 President JACKSON of Aroostook.
Cosponsored by Representative MARTIN of Eagle Lake and
Senators: LAWRENCE of York, VITELLI of Sagadahoc, Representatives: CUDDY of 
Winterport, MARTIN of Sinclair, McCREA of Fort Fairfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3210-H is enacted to read:
§3210-H.  Northern Maine Renewable Energy Development Program
1.  Program established.  The Northern Maine Renewable Energy Development 
Program, referred to in this section as "the program," is established to remove obstacles to 
the use of and to promote development of the substantial renewable energy resources in 
northern Maine.  
A.  The commission shall administer the program in accordance with this section and 
shall ensure that it accounts for the program and its purposes in:
(1)  Achieving the State's renewable energy goals and administering the renewable 
energy portfolio requirements pursuant to section 3210;
(2)  Promoting the development of efficient biomass energy generation to diversify 
the State's forest economy and to prudently dispose of wood waste pursuant to the 
requirements of chapter 33;
(3)  Achieving the State's wind energy generation goals and encouraging the 
development of wind energy generation facilities in the State in accordance with 
the Maine Wind Energy Act and chapter 34-A; and
(4)  Achieving the State's solar energy generation goals and encouraging the 
development of solar energy generation facilities in the State in accordance with 
the Maine Solar Energy Act.
B.  The commission shall ensure that, when applicable, its administration of the 
program accounts for and is designed to:
(1)  Support the State's achievement of the greenhouse gas emissions reductions 
levels in Title 38, section 576-A;
(2)  Support the strategies and measures included in the State's climate action plan 
as adopted and updated pursuant to Title 38, section 577;
(3) Promote energy equity with particular consideration given to the economic 
circumstances and opportunities in the State's socially vulnerable counties and 
communities.  For the purposes of this subparagraph, "socially vulnerable counties 
and communities" means those counties and communities in the State containing 
populations that are disproportionately burdened by existing social inequities or 
lack the capacity to withstand new or worsening burdens; and
(4) Encourage the rapid development of renewable resources in northern Maine to 
achieve greenhouse gas emissions reductions in the State and realize direct and 
near-term economic benefits in northern Maine.
2.  Request for proposals; generation connection line.  On or before November 1, 
2021, the commission shall issue a request for proposals for the development and 
construction of a 345-kilovolt double circuit generation connection line, or, in the 
commission's discretion, a transmission line or lines of greater capacity, to connect 
renewable energy resources located in northern Maine and developed pursuant to 
subsection 3 with the electric grid operated by the New England independent system 
operator, referred to in this section as "the ISO-New England system."
A.  The proposals must be required to cover a contract term of 20 years, except that the 
commission may, in its discretion, approve a contract term longer than 20 years, and 
must include provisions for the construction, development and subsequent commercial 
operation of the line or lines described in this subsection.
B.  The commission shall evaluate the proposals received based, at a minimum, on the 
following factors: cost, economic benefit to northern Maine, the qualifications of the 
bidder or bidders and the 3rd parties the bidder proposes to contract with, the long-term 
viability of each proposal and the anticipated contribution of each proposal toward the 
achievement by the State of its renewable energy goals described in subsection 1, 
paragraph A and the other goals and purposes described in subsection 1, paragraph B.  
The commission shall disqualify any proposal that, in the commission's determination, 
fails to demonstrate the bidder's financial capacity to successfully construct, develop 
and operate the line or lines described in this subsection and to ensure its 
interconnection with the ISO-New England system.
C.  The commission shall give preference to proposals that, in the commission's 
determination, demonstrate the most cost-effective and efficient transmission access to 
renewable energy resources in northern Maine in a manner that best supports the 
achievement of the State's renewable energy goals under section 3210, the State's wind 
energy generation goals under the Maine Wind Energy Act, the State's solar energy 
generation goals under the Maine Solar Energy Act and the State's achievement of the 
greenhouse gas emissions reductions levels in Title 38, section 576-A.  The 
commission shall also give preference to proposals favoring use of existing utility 
rights of way and other existing transmission corridors in the construction of the line 
or lines described in this subsection, wherever feasible.
D.  The commission may consider and, in accordance with the applicable provisions of 
this subsection and subsection 3, select a proposal or proposals that include both the 
development and construction of the line or lines described in this subsection and the 
development and construction of one or more qualified renewable energy generation 
projects described in subsection 3.
E.  No later than March 1, 2022, the commission shall direct one or more transmission 
and distribution utilities to enter into a contract or contracts with qualified 3rd parties 
pursuant to any proposal selected by the commission in accordance with this 
subsection, except that, if at the close of the competitive bidding process the 
commission determines that no proposal meets the requirements of this subsection, the 
commission may reopen a new competitive bidding process under this subsection.
3.  Request for proposals; renewable energy generation projects.  The commission 
shall issue a request for proposals for the development and construction of qualified 
renewable energy generation projects in northern Maine designed to connect to and 
transmit generated power using the line or lines to be constructed pursuant to subsection 2.  
The commission shall make every effort to ensure that the competitive bidding process 
directed by this subsection results in the selection of proposals for contracting pursuant to 
paragraph E no later than May 1, 2022.  Except as provided in paragraph B, subparagraph 
(2), renewable energy generation projects on which construction commenced prior to 
September 30, 2021 are not qualified for the purposes of this subsection.
A.  The proposals must be required to cover a contract term of 20 years, except that the 
commission may, in its discretion, approve a contract term longer than 20 years, and 
must include provisions for the construction, development and subsequent commercial 
operation of one or more qualified renewable energy generation projects in northern 
Maine that will be designed to connect to and transmit generated power using the line 
or lines to be constructed pursuant to subsection 2.  The commission may consider only 
proposals for the construction of the following categories of qualified renewable 
energy generation projects: solar arrays and installations; wind power installations; 
geothermal installations; hydroelectric generation projects; battery energy storage 
systems; biomass generators fueled by wood or wood waste, by landfill gas or by 
anaerobic digestion of agricultural products, by-products or waste; and waste-to-energy 
generation facilities fueled by municipal solid waste.
B.  The commission may, in its discretion, consider and select in accordance with the 
applicable requirements of this subsection:
(1)  One or more contracts for capacity resources or renewable energy credits from 
a qualified renewable energy generation project described in this subsection, 
whether or not such contract also provides for the transmission of energy generated 
by that project; or
(2)  One or more contracts for renewable energy generation projects on which 
construction commenced prior to September 30, 2021, if the commission 
determines that:
(a)  Such a project otherwise meets the requirements of this subsection;
(b)  Additional line capacity remains available on the line or lines to be 
constructed pursuant to subsection 2; and
(c)  There are no commercially viable proposals remaining for consideration 
for qualified renewable energy generation projects on which construction 
commenced or will commence on or after September 30, 2021.
C.  The commission shall evaluate the proposals received based, at a minimum, on the 
following factors: cost, economic benefit to northern Maine, the qualifications of the 
bidder or bidders and any 3rd parties the bidder proposes to contract with and, as 
determined by the commission, the short-term, medium-term and long-term viability 
of the proposal.
D.  The commission shall give greatest preference to proposals that, in the 
commission's determination, demonstrate the most cost-effective and efficient 
development of renewable energy resources in northern Maine in a manner that best 
supports the achievement of the State's renewable energy goals under section 3210, the 
State's wind energy generation goals under the Maine Wind Energy Act, the State's 
solar energy generation goals under the Maine Solar Energy Act and the State's 
achievement of the greenhouse gas emissions reductions levels in Title 38, section 
576-A.
E.  The commission shall direct one or more investor-owned transmission and 
distribution utilities to enter into a contract or contracts with qualified 3rd parties 
pursuant to any proposal selected by the commission in accordance with this 
subsection, except that the total generating capacity of the projects contracted by the 
commission pursuant to this subsection may not exceed the thermal limit of the line or 
lines to be constructed pursuant to subsection 2.  If at the close of the competitive 
bidding process the commission determines that no proposal meets the requirements of 
this subsection or that additional line capacity remains available, the commission may 
reopen a new competitive bidding process under this subsection.
F.  In selecting contracts pursuant to this subsection, the commission shall make every 
effort to ensure that at least one such contract supports the construction and 
development in northern Maine of a biomass generator fueled by wood or wood waste.  
In considering any proposal under this subsection for a qualified renewable energy 
generation project that is a biomass generator fueled by wood or wood waste, the 
commission shall consider the waste reduction benefits to the State’s forest products 
industry associated with the operation of the generator.
4.  Regional electric grid integration and development.  When authorized and as 
practicable, the commission, in implementing and administering the program under this 
section, and the Office of the Public Advocate shall:
A.  Make every effort to facilitate the construction and development of the line or lines 
described in subsection 2, including, but not limited to, participating in any regional or 
federal proceeding relating to the line or lines; and
B.  Participate in proceedings involving the inclusion or integration of the line or lines 
described in subsection 2 and any associated upgrades by the New England Power Pool 
as defined in section 4103, or its successor as approved by the Federal Energy 
Regulatory Commission, and the ISO-New England system into the ISO-New England 
system's transmission plan, bulk power system and pool transmission facilities, as that 
term is defined in the ISO-New England system’s open access transmission tariff.
The commission, the Office of the Public Advocate and the Office of the Attorney General 
may, separately or in combination, obtain any technical or legal assistance necessary to 
ensure regional and federal interconnection and grid reliability standards are not employed 
directly or indirectly to discourage the development of the renewable energy resources in 
northern Maine under the program.
SUMMARY
This bill establishes the Northern Maine Renewable Energy Development Program, to 
be administered by the Public Utilities Commission, with the purpose of removing 
obstacles to the use of and promoting development of the substantial renewable energy 
resources in northern Maine.
Under the program, the Public Utilities Commission is required to issue a request for 
proposals for the construction and development of a 345-kilovolt double circuit generation 
connection line, or transmission line or lines of greater capacity, in northern Maine to 
connect renewable energy resources in northern Maine with the ISO-New England system.  
The Public Utilities Commission is also required to issue a request for proposals for the 
construction and development of renewable energy generation projects in northern Maine 
that will be designed to connect to and transmit generated power using the line or lines.  No 
later than March 1, 2022, the Public Utilities Commission is required to direct one or more 
transmission and distribution utilities to enter into contracts for the construction of the line 
or lines.  The Public Utilities Commission is also required to direct one or more investor-
owned transmission and distribution utilities to enter into a contract or contracts for the 
construction and development of renewable energy generation projects with a total 
generating capacity that does not exceed the thermal limit of the line or lines.
In implementing and administering the Northern Maine Renewable Energy 
Development Program, the Public Utilities Commission is directed to make every effort to 
facilitate the construction and development of the line or lines including participating in 
any regional or federal proceeding relating to the line or lines and participating in 
proceedings involving the inclusion or integration of the line or lines and any associated 
upgrades by the ISO-New England system or the New England Power Pool into the ISO-
New England system's transmission plan, bulk power system and pool transmission 
facilities.