An Act to Promote Economic Reuse of Contaminated Land Through Clean Energy Development
Maine Legislature, Session 131, LD 1591
Committee: Energy, Utilities and Technology
Sponsors: BRENNER, ZEIGLER, BENNETT, BLACK, CARNEY, POULIOT, BOYLE, CAMPBELL, HALL
Amends: 35-A MRSA §3210-G

Legislative Document
No. 1591
S.P. 622
In Senate, April 11, 2023
An Act to Promote Economic Reuse of Contaminated Land 
Through Clean Energy Development
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative ZEIGLER of Montville and
Senators: BENNETT of Oxford, BLACK of Franklin, CARNEY of Cumberland, 
LaFOUNTAIN of Kennebec, POULIOT of Kennebec, Representatives: BOYLE of Gorham, 
CAMPBELL of Orrington, HALL of Wilton.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3210-G, sub-§1, as amended by PL 2021, c. 705, §14, is 
further amended to read:
1.  Competitive procurement.  The commission shall conduct 2 competitive 
solicitations in order to select Class IA resources for contracts under this section subsection.
A.  Through the competitive solicitations under this section subsection, 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 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 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 subsection 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.
C.  In conducting a solicitation and selecting Class IA resources for contracts under 
this section subsection, 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 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;
(g)  Avoided emissions resulting from the operation of the Class IA resource; 
and
(h)  With respect to requests for bids or proposals for assisted projects, as 
defined in Title 26, section 1304, subsection 1‑A:
(i)  Whether the Class IA resource has entered into a project labor 
agreement with a labor organization to supply construction workers in all 
crafts needed for the assisted project where the assisted project is located. 
For purposes of this subdivision, a project labor agreement must conform 
to the requirements of section 3210‑H, subsection 2; and
(ii)  Whether an entity is employee-owned, including but not limited to an 
entity that offers employee stock ownership plans or is structured as a 
worker cooperative.
D.  The commission shall, in accordance with this paragraph, allow energy storage 
systems to participate in solicitations or be awarded contracts under this section 
subsection.
(1)  The commission shall permit an energy storage system to bid on solicitations 
or to be contracted under this section subsection 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 subsection 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;
(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 subsection, 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 section, "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.
Sec. 2.  35-A MRSA §3210-G, sub-§1-A is enacted to read:
1-A.  Competitive procurement of qualified Class IA resources.  The commission 
shall conduct one competitive solicitation in order to select Class IA resources for contracts 
under this subsection. 
A.  The commission shall initiate a competitive solicitation under this subsection 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.
B. The energy or renewable energy credits contracted under paragraph A must come 
from qualified Class IA resources. For the purposes of this subsection, a "qualified 
Class IA resource" means a Class IA resource:  
(1) That begins commercial operations on or after September 19, 2023;
(2) For which any system impact studies required by the commission as a condition 
of contracting have been initiated prior to submitting a contract bid; and
(3) That is located on contaminated land, which means:
(a) Previously developed or impacted land as defined in section 3484, 
subsection 6; or
(b) Agricultural land contaminated by perfluoroalkyl and polyfluoroalkyl 
substances as defined in Title 38, section 1614, that may no longer be used for 
agricultural purposes as determined by the Department of Agriculture, 
Conservation and Forestry in accordance with applicable state and federal food 
safety standards.
C. In conducting a solicitation and selecting Class IA resources for contracts under this 
subsection, the commission, in consultation with the Department of Agriculture, 
Conservation and Forestry and the Department of Environmental Protection, 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 of 30% must be given to the economic benefits resulting from the 
use of contaminated land as described in paragraph B, subparagraph (3).
In order to approve a contract for Class IA resources in accordance with this subsection, 
the commission shall determine that the contract will provide financial benefits to 
ratepayers and the contract price must be less than the standard-offer service rate 
established under section 3212 in effect at the time that the approval is made by the 
commission. 
D. The commission shall, in accordance with this paragraph, allow energy storage 
systems to participate in solicitations or be awarded contracts under this subsection.
(1)  The commission shall permit an energy storage system to bid on solicitations 
or to be contracted under this subsection only if the energy storage system is 
connected to the State's electricity grid, paired as a complementary resource with 
a qualified Class IA resource and colocated with the qualified Class IA resource 
on lands described in paragraph B, subparagraph (3), whether metered jointly with 
or separately from the qualified Class IA resource.
(2)  A bid under this subsection 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;
(e)  Increase in the electricity grid's overall flexibility, reliability and resiliency; 
and
(f)  Reduction in greenhouse gas emissions.
(3)  If chosen for a contract under this subsection, an energy storage system must 
remain stationary and under the same ownership throughout the contract term.
(4)  The commission may permit an energy storage system to be paired with and 
added to a qualified Class IA resource after that resource has been awarded a 
contract.
SUMMARY
This bill establishes an additional competitive solicitation for energy or renewable 
energy credits from qualified Class IA resources equal to 5% of retail electricity sales in 
this State for the period from January 1, 2021 to December 31, 2021. It defines a "qualified 
Class IA resource" as a Class IA resource that begins commercial operations on or after 
September 19, 2023, initiates a system impact study prior to submitting a contract bid and 
is located on land that was previously developed or impacted land or agricultural land 
contaminated by perfluoroalkyl and polyfluoroalkyl substances that may no longer be used 
for agricultural purposes as determined by the Department of Agriculture, Conservation 
and Forestry or in accordance with applicable state and federal food safety laws and rules. 
Energy storage systems are eligible to receive a contract award if the energy storage system 
is colocated with the qualified Class IA resource on land that was previously developed or 
impacted land or agricultural land contaminated by perfluoroalkyl and polyfluoroalkyl 
substances that may no longer be used for agricultural purposes as determined by the 
department or in accordance with applicable state and federal food safety laws and rules.