An Act to Advance Maine's Clean Energy Goals
Maine Legislature, Session 131, LD 1830
Committee: Energy, Utilities and Technology
Sponsors: VITELLI, TALBOT ROSS, JACKSON, RENY
Amends: 35-A MRSA §3209-C, 35-A MRSA §3210

Legislative Document
No. 1830
S.P. 746
In Senate, April 27, 2023
An Act to Advance Maine's Clean Energy Goals
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Speaker TALBOT ROSS of Portland and
Senators: President JACKSON of Aroostook, RENY of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3209-C is enacted to read:
§3209-C.  Distributed renewable generation
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Combined project" means a Class IA resource that is paired with an energy storage 
system in accordance with rules adopted by the commission. 
B. "Contaminated land" means:
(1) Land that is or may be polluted in a manner that impedes development, as 
determined by the commission by rule in consultation with the Department of 
Agriculture, Conservation and Forestry; or
(2) Farmland, as defined in Title 7, section 52, subsection 4, that the Department 
of Agriculture, Conservation and Forestry has found to be contaminated with 
perfluoroalkyl and polyfluoroalkyl substances.
C. "Eligible Class IA resource" means a Class IA resource, as defined in section 3210, 
subsection 2, paragraph A-3, that is located on contaminated land.
D. "Energy storage system" has the same meaning as in section 3481, subsection 6.
2.  Competitive 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 eligible Class IA resources or combined projects 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 contracts under section 3210-G.
A. The commission shall initiate a competitive solicitation for contracts under this 
paragraph and ensure that the solicitation results in the approval of contracts by 
December 31, 2024 for energy or renewable energy credits equal to 5% of the retail 
electricity sales in this State for the period from January 1, 2021 to December 31, 2021 
plus any amount determined pursuant to paragraph B. 
B. If the commission, in consultation with the Governor's Energy Office, finds that any 
entity awarded a contract under section 3210-G is not making demonstrable progress 
in bringing the contracted resources into commercial viability, the contract must be 
voided in accordance with this paragraph.  The commission shall  provide notice to the 
entity that if such progress is not achieved within a reasonable time frame established 
by the commission, the contracts will be deemed unfulfilled and void and the amount 
of output that was specified in the contract must be added to the amount to be procured 
under paragraph A.
C. In conducting a solicitation and selecting Class IA resources or combined projects 
for contracts under this section, the commission shall:
(1) Consider project viability.  The commission shall reject a bid if the commission 
finds that the system impact study required by the New England independent 
system operator for the Class IA resource has not been filed;
(2) Consider the expected effect of selected Class IA resources on other renewable 
resources, as defined in section 3210, subsection 2, paragraph C, due to congestion 
and curtailment; and
(3) Weigh the benefits to ratepayers and the benefits to the State's economy as 
follows:
(a)  A weight of 70% must be given to the benefits to ratepayers; and 
(b)  A weight of 30% must be given to the economic use of contaminated land, 
as determined by the commission by rule.
The commission may only select Class IA resources or combined projects for contracts 
under this section if the commission finds the contract will benefit ratepayers and the bid 
price is less than the standard-offer service rate established pursuant to section 3212 that 
applies to residential customers in the territory of the transmission and distribution utility 
at the time the contract is executed. 
3.  Rules.  The commission shall 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.
Sec. 2.  35-A MRSA §3210, sub-§11, as enacted by PL 2019, c. 477, §1, is amended 
to read:
11.  Report; Class IA resource and thermal renewable energy credit portfolio 
requirements.  By March 31, 2024 and every 5 years thereafter, the commission 
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.
SUMMARY
This bill 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, 2024 and every 5 years thereafter. 
The bill establishes a competitive solicitation for energy or renewable energy credits 
equal to 5% of the retail electricity sales in this State for the period from January 1, 2021 
to December 31, 2021 plus any amount contracted under previous procurements that is not 
brought into commercial viability within a reasonable time frame established by the 
commission. Eligible projects must be located on land that is contaminated in some way 
and may include energy storage systems paired with renewable resources.  In conducting a 
solicitation and selecting projects for contracts, the commission is directed to consider 
project viability and consider the expected effect on other renewable resources due to 
congestion and curtailment.  The commission is also directed to apply a weight of 70% to 
the benefits to ratepayers and a weight of 30% to the economic use of contaminated land.  
The commission may only select projects the commission finds will benefit ratepayers.  Bid 
prices must be less than the then-current standard-offer service rate.