An Act to Promote Economic Reuse of Contammated Land Through Clean Energy Development
Maine Legislature, Session 131, LD 1591
Committee Amendment CA_A_S353 (Senate)
Amends: 35-A MRSA §3210, 35-A MRSA §3210-J

COMMITTEE AMENDMENT "fJ "to SP 622, L D 1591, "An Act to Promote 
Economic Reuse of Contammated Land Through Clean Energy Development" 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 35-A MRSA §3210, sub-§11, as enacted by PL 2019, c 477, § 1, is 
amended to read 
11. Report; Class Y. ... resaeree and thermal renewable energy credit portfolio 
requirements. By March 31, 2024 and every .§. J. years thereafter, the eommrns10n 
Governor's Energy Office shall submit a report to the Jomt standmg committee of the 
Legislature havmg Jurisdiction over energy matters based on a review, conducted 111 
consultation with the Go11emor's Energy Offiee comm1ss1on, of the status and impacts of 
the implementation of the portfolio reqmrements for Class IA resources under subsect10n 
subsections 3, 3-A, 3-B and thermal renev1able energy credits under subseet10n 3-C The 
review must be completed through a pubhc process and must mclude consideration of 
impacts of these renewable portfolio reqmrements on energy prices and assessment of 
benefits, mcludmg, but not hm1ted to, on greenhouse gas emissions and the economy of the 
State The report requ1:red under thrn subseet10n may be submitted m eonJunct10n with the 
report required under subsection 3 A., paragraph C After reviewmg the report reqmred 
under this subsection, the committee may report out legislation regardmg renewable 
portfolio requirements 
Sec. 2. 35-A MRSA §3210, sub-§12 is enacted to read 
Standard-offer service provider. In accordance with section 3210-J, subsection 
4, a standard-offer service provider may satisfy the reqmrements of this section usmg 
renewable energy credits procured pursuant to section 3210-J and assigned by the 
commission to that standard-offer service provider for the purposes of satisfymg the 
requirements of this section 
Sec. 3. 35-A MRSA §3210-J is enacted to read 
COMMITTEE AMENDMENT 
◄ 
.,iOS 
COMMITTEE AMENDMENT" A 
"to SP 622,LD 1591 
§3210-J. Renewable energy procurement; reuse of contammated lands 
1. Defimflons. As used m this section, unless the context otherwise mdicates, the 
followmg terms have the followmg meamngs 
A "Combmed pro1ect" means an eligible Class IA resource pa1red and collocated with 
an energy storage system connected to the State's electncity gnd, whether metered 
1omtly or separately from the eligible Class IA resomce 
B "Contammated land" means agncultural land contammated by perfluoroalkyl and 
polyfluoroalkyl substances as defined m Title 38, section 1614, subsect10n 1, paragraph 
F that may no longer be used for its current or historical agncultural purposes as 
determmed by the Department of Agriculture, Conservat10n and Forestry m accordance 
with applicable state and federal food safety standards 
C "Ehgible Class IA resource" means a Class IA resource, as defined m sect10n 3210, 
subsect10n 2, paragraph A-3 
(1) That begms commercial operation on or after September 19, 2023, and 
(2) For which a system impact study requ1red by the New England mdependent 
system operator has been filed 
D "Energy storage system" has the same meanmg as m sect10n 3481, subsection 6 
2. 
Competlf1ve procurement. 
The commiss10n shall d1rect mvestor-owned 
transmission and distnbution utilities to enter mto one or more contracts for energy and 
renewable energy credits from eligible Class IA resources or combmed pro1ects m 
accordance with this section Customers who have made an election pursuant to sect10n 
3210, subsection 10 are sub1ect to prohibitions on biddmg on or obtammg a contract under 
this sect10n as provided m section 3210, subsection 10 for contracts under section 3210-G 
A The commission shall mitiate competitive sohcitat10ns for contracts under this 
paragraph for energy and renewable energy credits equal to 5% of the retail electricity 
sales m this State for the period from January 1, 2021 to December 31, 2021 plus any 
amount determmed pursuant to paragraph B 
B The commiss10n shall determme the amount of energy or renewable energy credits 
from Class IA resources selected for contracts pursuant to section 3210-G that have not 
been fulfilled and shall add this amount to the amount of energy and renewable energy 
credits to be contracted under paragraph A 
C The commiss10n shall mitiate the first competitive sohcitat10n to select eligible 
Class IA resources or combmed pro1ects for contract under this section by January 1, 
2024 
D For any amount of energy or renewable energy credits requ1red to be procured under 
paragraph A that are not procured m the fast competitive solicitation, the commiss10n 
shall mitiate a 2nd competitive solicitation withm 12 months of the conclusion of the 
fast sohcitat10n The commiss10n shall mitiate additional sohcitat10ns m the same 
manner until contracts have been approved to procure eligible Class IA resources or 
combmed pro1ects m accordance with paragraph A 
COMMITTEE AMENDMENT 
\ 
) 
/ 
COMMITTEEAMENDMENT" (1"toSP 622,LD 1591 
E The commiss10n shall reqmre each bidder to demonstrate in the bid proposal the 
economic and commumty benefits the proposal will provide, mcludmg but not limited 
!Q._ 
(1) Jobs that will be created, 
(2) Excise, mcome, property and sales taxes that will be paid, and 
(3) Goods and services that will be purchased 
F In conductmg a solicitat10n and selectmg ehg1ble Class IA resources or combmed 
protects for contracts under this section, the comm1ss1on shall 
(1) Consider the expected effect of eligible Class IA resources on other renewable 
resources, as defmed m sect10n 3210, subsection 2, paragraph C, due to congestion 
and curtailment, 
(2) Select only those ehg1ble Class IA resources or combmed protects for contracts 
that will benefit ratepayers, and 
(3) Of those ehg1ble Class IA resources or combmed protects that benefit 
ratepayers, give preference to eligible Class IA resources or combmed piotects as 
follows 
(a) Pnmazy preference to those eligible Class IA resources or combined 
protects that are located on contammated land, and 
(b) Secondary preference to those eligible Class IA resources or combmed 
protects that mimmize use of farmland that 1s not contaminated land and 
minimize use of f01 ested land 
G In conductmg a solicitation and selecting combmed p10tects for contlacts under this 
section, the commiss10n shall 
(1) Require 2 separate bid proposals, one with the energy stmage system and one 
without, and 
(2) Require an energy storage system selected for a contract to remain stat10na1y 
and under the same ownership throughout the contract term 
H The commission may establish a process by rule to allow an energy storage system 
to apply to the commission to be parred with and added to a contract awarded to an 
eligible Class IA resource after that resource has been awa1 ded a contract 
3. Contract terms A contract entered mto pursuant to this section must be for a term 
of no more than 20 years, unless the comm1ss10n finds a contract for a longer term to be 
prudent 
4. Renewable energy credits. The comm1ss1on shall by rule establish a process to 
assign renewable energy credits procured pursuant to subsection 2 to a standard-offer 
service provider m order to satisfy that standard-offer service provider's renewable resource 
portfolio requirements under section 3210 
5. Rules. The commiss10n shall adopt rules to Implement this section Rules adopted 
m accordance with this subsection are routine techmcal rules pm suant to Title 5, chapter 
375, subchapter 2-A' 
COMMITTEE AMENDMENT 
-.,'1fl 
flOS 
COMMITTEE AtvIENDMENT" A "to SP 622, L D 1591 
Amend the bill by relettenng or renumbering any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill It directs the Public Utilities Commission to initiate 
a competitive sohc1tation for energy and renewable energy credits equal to 5% of the retail 
electnc1ty sales in this State for the penod from January 1, 2021 to December 31, 2021 plus 
any amount contracted under prev10us procurements that the commission determines are 
unfulfilled Projects ehg1ble for the sohc1tation include Class IA resources that begin 
commercial operation on or after September 19, 2023 and for which a system impact study 
has been filed Projects pamng such Class IA resources with an energy storage system are 
also ehg1ble In conducting a sohc1tat10n and selecting projects for contracts, the 
commission is directed to consider the expected effect of ehg1ble Class IA resources on 
other renewable resources due to congestion and curtailment, to select only those ehg1ble 
Class IA resources or combmed projects for contracts that will benefit ratepayers and to 
give a primary preference to those eligible Class IA resources or combmed projects that 
are located on contammated lands and secondary preference to eligible Class IA resources 
or combmed projects that mm1m1ze use of farmland that is not contammated land and 
mmimize use of forested land The comm1ss1on must use procured renewable energy 
credits to offset a standard-offer service provider's renewable resource portfolio 
requirements 
The amendment also requires the Governor's Energy Office, m consultation with the 
commission, to review the impacts of the State's renewable resources portfolio 
requirements and submit a report to the jomt standmg committee of the Legislature havmg 
junsd1ction over energy matters by March 31, 2024 and every 3 yeai s thereafter 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/17 /23 feae.. 
LD 1591 
LR 1019(02) 
An Act to Promote Economic Reuse of Contammated Land Through Clean Energy Development 
Fiscal Note for BIil as Amended by Comrmttee Amendment ·;r ls-3S~ 
Committee: Energy, Utilities and Technology 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Mmor cost mcrease - Other Special Revenue Funds 
Fiscal DetaII and Notes 
Any add1t10nal costs to the Pubhc Ut1ht1es Co1111111ss10n or to the Governor's Energy Office to implement the 
, -~) provrn10ns of this bill are expected to be 1mnor and can be absorbed w1thm ex1stmg budgeted resources 
LR1019(02) - Fiscal Note - Page 1 of 1