reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3215. Commission authority and responsibility

§3215. Commission authority and responsibility
1.  Authority.
Without limiting the commission's authority under any other provision of law, the commission may:
A. Intervene and participate in proceedings at the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the United States Department of Energy and other federal agencies and in proceedings conducted by Canadian or other authorities or agencies whenever the interests of competition, consumers of electricity or economic development in this State are affected. When intervening or participating in proceedings under this paragraph, the commission shall promote system reliability, the reduction of the cost of electricity to ratepayers in the State and long-term sustainable resource planning; and   [PL 2011, c. 109, §1 (AMD).]
B. Monitor trends and make recommendations, as appropriate, to the Legislature, to the Governor, to Congress or to any federal agency regarding:
(1) The safety and economic effects or potential effects of market competition on nuclear units; and
(2) The effects or potential effects of market competition on Maine's air quality.   [PL 1997, c. 316, §3 (NEW).]
[PL 2011, c. 109, §1 (AMD).]
2.  Findings; responsibility.
The Legislature finds that, in order for retail competition in this State to function effectively, the governance of any independent system operator with responsibility for operations of the regional transmission system must be fully independent of influence by market participants. The commission shall use all means within its authority and resources to advocate for and promote the interests of Maine ratepayers in any proceeding at the Federal Energy Regulatory Commission involving the development, governance, operations or conduct of an independent system operator.
[PL 1997, c. 316, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 316, §3 (NEW). PL 2011, c. 109, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3216. Transition; utility employees (REPEALED)

§3216. Transition; utility employees
(REPEALED)
SECTION HISTORY
PL 1997, c. 316, §3 (NEW). PL 1999, c. 398, §§M1,2 (AMD). PL 1999, c. 398, §M3 (AFF). PL 2013, c. 116, §3 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3217. Reports

§3217. Reports
1.  Annual restructuring report.
[PL 2023, c. 77, §8 (RP).]
2.  Proposed changes.
If the commission determines, after providing interested parties an opportunity to be heard, that any provision in this chapter is not in the public interest, the commission shall present a report to the joint standing committee of the Legislature having jurisdiction over utility matters stating the basis for the commission's conclusion and including draft legislation designed to modify this chapter consistent with the public interest.
[PL 1997, c. 316, §3 (NEW).]
3.  Independent system operator.
The commission shall monitor events in the region pertaining to:
A. The development of an independent system operator with responsibility for transmission reliability;   [PL 1997, c. 316, §3 (NEW).]
B. The management of competitive access to the regional transmission system; and   [PL 1997, c. 316, §3 (NEW).]
C. Rights to negotiate potential contracts between sellers and buyers of electricity.   [PL 1997, c. 316, §3 (NEW).]
If the commission determines that there exists insufficient independence on the part of the independent system operator from any provider of wholesale transmission, competitive electricity provider or electric utility, or if it determines any other problem threatens regional transmission reliability, the commission shall provide a report to the joint standing committee of the Legislature having jurisdiction over utility matters with a recommendation as to what actions within the authority of the State are available to remedy this problem.
[PL 1997, c. 316, §3 (NEW).]
4.  Direct sales.
Beginning in 2022 and every 3 years thereafter, the commission shall include in its report pursuant to section 120, subsection 7, information regarding the incidence of direct sales of electricity by an entity that generates electricity to commercial or industrial consumers located on the property where the entity that generates the electricity is located or on abutting property or on a commercial or industrial site that was served by the entity that generates the electricity or its predecessor without using the transmission and distribution plant of a public utility prior to December 31, 2018.
[PL 2019, c. 205, §6 (NEW).]
SECTION HISTORY
PL 1997, c. 316, §3 (NEW). PL 2001, c. 528, §2 (AMD). PL 2009, c. 122, §15 (AMD). PL 2019, c. 205, §6 (AMD). PL 2023, c. 77, §8 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 33: SMALL POWER PRODUCTION AND COGENERATION › 35-A §3301. Title (REPEALED)

§3301. Title
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A76 (RP). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 33: SMALL POWER PRODUCTION AND COGENERATION › 35-A §3302. Purpose

§3302. Purpose
The Legislature finds that it is in the best interest of the State to reduce the State's dependence upon fossil fuels for its energy needs. It is necessary to diversify energy producing systems and energy sources to ensure an adequate and reliable supply of energy for Maine citizens. The Legislature further finds that the development of small energy production facilities using renewable resources and cogeneration facilities will have a significant and beneficial effect upon this State. The Legislature further finds that the replacement of fossil fuels by municipal solid waste reduces dependence upon fossil fuels, diversifies energy sources, reduces municipal costs and reduces the negative environmental effects of solid waste disposal.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
The Legislature intends through this legislation to:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Encourage development.
Encourage the development of energy producing systems using renewable resources, particularly abundant, indigenous, renewable resources or resources in close proximity to Maine;
[PL 2001, c. 76, §1 (AMD).]
2.  Promote existing use.
Promote the more efficient use of existing energy systems particularly, through the cogeneration of power; and
[PL 2001, c. 76, §1 (AMD).]
3.  Meet goals.
Require, whenever the interests of competition, consumers of electricity and economic development in this State are not adversely affected, that the commission ensure that the goals of this section will be met following the restructuring of the electric utility industry by:
A. Proposing market rules and transmission pricing policies and practices at the regional and federal levels that encourage the generation and sale of electricity from the State's renewable power producers and cogenerators;   [PL 2001, c. 76, §2 (NEW).]
B. Opposing market rules and proposed transmission pricing policies and practices that place the State's renewable power producers and cogenerators at a competitive disadvantage compared with nonrenewable power generators; and   [PL 2001, c. 76, §2 (NEW).]
C. Implementing the State's electric industry restructuring laws and other provisions of this Title in a manner that promotes generation of electricity from the State's indigenous renewable resources and cogeneration.   [PL 2001, c. 76, §2 (NEW).]
[PL 2001, c. 76, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2001, c. 76, §§1,2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 33: SMALL POWER PRODUCTION AND COGENERATION › 35-A §3304. Control and regulation of generating facilities (REPEALED)

§3304. Control and regulation of generating facilities
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 613, §4 (AMD). PL 1999, c. 398, §A78 (RP). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 33: SMALL POWER PRODUCTION AND COGENERATION › 35-A §3305. Sale of electricity

§3305. Sale of electricity
1.  Authorized markets for electricity.
[PL 1999, c. 398, Pt. A, §79 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Use of electricity by the producer or cogenerator.
Any small power producer or cogenerator may generate or distribute electricity through that producer's or cogenerator's private property solely for that producer's or cogenerator's own use, the use of that producer's or cogenerator's tenants or the use of, or sale to, that producer's or cogenerator's associates in a small power production or cogeneration facility and not for the use of or sale to others without approval or regulation by the commission.
[RR 2021, c. 1, Pt. B, §413 (COR).]
3.  Interconnections and existing transmission line improvements.
[PL 1999, c. 398, Pt. A, §79 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A79 (AMD). PL 1999, c. 398, §§A104,105 (AFF). RR 2021, c. 1, Pt. B, §413 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 33: SMALL POWER PRODUCTION AND COGENERATION › 35-A §3306. Transactions

§3306. Transactions
1.  Rate.
The small power producer or cogenerator and the transmission and distribution utility shall determine the rate paid by the transmission and distribution utility for the purchase of electricity as described in this section.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Small power producer or cogenerator and public utility unable to agree.
In the event that the small power producer or cogenerator and the transmission and distribution utility are unable to agree to a contract for electricity, or to a price for the electricity purchased by the utility, or to an equitable apportionment of existing transmission and distribution line improvement costs, the commission shall require the utility to purchase the power at such rates and under such terms as the commission establishes by rule or order.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
3.  Competing petitions filed by small power producers.
In the event competing petitions are filed by small power producers or cogenerators that are otherwise equivalent with respect to the standards set forth in former section 3307, and implementing rules adopted by the commission, the commission may give preference to any facility that is fueled primarily by municipal solid waste.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
4.  Apportionment of transmission and distribution line improvement costs.
The commission shall base the equitable apportionment of existing transmission and distribution line improvement costs upon the benefits to the small power producer or cogenerator and the transmission and distribution utility.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
5.  Commission decision on petition.
The commission shall issue a decision within 6 months from receipt of a petition signed by a small power producer, cogenerator or transmission and distribution utility for commission intercession.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
6.  Filing fee.
The petitioner or petitioners requesting commission intercession shall pay to the commission an amount equal to $1,600 per megawatt of capacity of the facility in issue. The petitioner or petitioners may request the commission to waive all or part of the filing fee. The commission shall rule on the request for waiver within 30 days. Filing fees paid as required in this subsection must be segregated, apportioned and expended by the commission for the purposes of this section. Any portion of the filing fee that is received from any petitioner or petitioners and is not expended by the commission to process the request for intercession must be returned to the petitioner or petitioners.
[PL 2021, c. 318, §13 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §A7 (AMD). PL 1999, c. 398, §A80 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2021, c. 318, §13 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 33: SMALL POWER PRODUCTION AND COGENERATION › 35-A §3307. Review of rates (REPEALED)

§3307. Review of rates
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A81 (RP). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 33: SMALL POWER PRODUCTION AND COGENERATION › 35-A §3309. Performance of contracts; commercially reasonable business practices

§3309. Performance of contracts; commercially reasonable business practices
In the performance or enforcement of any contract for the purchase of energy resources by a transmission and distribution utility, all parties shall act in good faith and observe reasonable commercial standards of fair dealing. Conformance to this standard does not constitute imprudent utility behavior.   [PL 1999, c. 398, Pt. A, §83 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1993, c. 712, §7 (NEW). PL 1999, c. 398, §A83 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34: THE MAINE WIND ENERGY ACT › 35-A §3401. Short title

§3401. Short title
This chapter may be known and cited as "the Maine Wind Energy Act."   [PL 2003, c. 665, §3 (NEW).]
SECTION HISTORY
PL 2003, c. 665, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34: THE MAINE WIND ENERGY ACT › 35-A §3403. Specific measures to support wind energy

§3403. Specific measures to support wind energy
1.  Monitoring.
The commission shall monitor electricity markets and sale opportunities physically accessible to wind power installations in this State to determine whether such markets and opportunities are available for the sale of wind energy in accordance with federal and state law.
[PL 2003, c. 665, §3 (NEW).]
2.  Legal action.
After consultation with the Attorney General, the commission may initiate regulatory and other legal action to protect access to markets by wind power facilities located in the State.
[PL 2003, c. 665, §3 (NEW).]
3.  Certification.
The commission may certify a person as a community wind power generator if the commission determines that such a certification would support construction of a community wind power generation facility in this State and that the person will be the owner of that facility. The commission may not certify a person as a community wind power generator with respect to a community wind power generation facility for which the person commenced the site permit application process prior to August 23, 2006.
[PL 2017, c. 170, Pt. G, §2 (AMD).]
SECTION HISTORY
PL 2003, c. 665, §3 (NEW). PL 2007, c. 693, §5 (AMD). PL 2007, c. 693, §37 (AFF). PL 2017, c. 170, Pt. G, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34: THE MAINE WIND ENERGY ACT › 35-A §3404. Determination of public policy; state wind energy generation goals

§3404. Determination of public policy; state wind energy generation goals
1.  Encouragement of wind energy-related development.
It is the policy of the State in furtherance of the goals established in subsection 2, to encourage the attraction of appropriately sited development related to wind energy, including any additional transmission and other energy infrastructure needed to transport additional offshore wind energy to market, consistent with all state environmental standards; the permitting and financing of wind energy projects; and the siting, permitting, financing and construction of wind energy research and manufacturing facilities.
[PL 2009, c. 615, Pt. A, §3 (AMD).]
2.  State wind energy generation goal.
The State's goal for wind energy development in proximate federal waters is for at least 3,000 megawatts of installed capacity by December 31, 2040.
Beginning January 1, 2025 and every 2 years thereafter, the office may reevaluate and increase the goal established by this subsection and report that goal to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters.
A. [PL 2023, c. 481, §3 (RP).]
B. [PL 2023, c. 481, §3 (RP).]
C. [PL 2023, c. 481, §3 (RP).]
[PL 2023, c. 481, §3 (RPR).]
3.  Wind energy development; impacts to fisheries.
If, in reviewing a proposed commercial lease for a wind energy development for any purpose other than scientific research or technological development to be located in federal waters within lobster management area 1, the United States Department of the Interior, Bureau of Ocean Energy Management determines that the wind energy development would have a significant adverse impact on fisheries, the State shall request that the Bureau of Ocean Energy Management work to minimize that impact.
For the purposes of this subsection, "wind energy development" has the same meaning as in section 3451, subsection 11 and "lobster management area 1" means the area defined by rule by the Department of Marine Resources.
[PL 2021, c. 407, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 646, §4 (NEW). PL 2007, c. 661, Pt. A, §6 (RPR). PL 2009, c. 615, Pt. A, §§3, 4 (AMD). PL 2021, c. 407, §1 (AMD). PL 2023, c. 481, §3 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-A: EXPEDITED PERMITTING OF GRID-SCALE WIND ENERGY DEVELOPMENT › 35-A §3452-A. Impact on Bicknell's Thrush habitat; adverse effect

§3452-A. Impact on Bicknell's Thrush habitat; adverse effect
If any portion of the generating facilities or associated facilities of a wind energy development is proposed to be located within a conterminous area of coniferous forest that lies above 2,700 feet in elevation, is at least 25 acres in size and provides suitable habitat for Bicknell's Thrush, Catharsus bicknelli, and in which sightings of Bicknell's Thrush have been documented to occur during the bird's breeding season within the previous 15 years, there is a rebuttable presumption that the development would constitute a significant adverse effect on natural resources for the purposes of Title 38, section 484, subsection 3. The presumption extends to the entire conterminous area of suitable habitat and is not limited to the parts of the area immediately proximate to where Bicknell's Thrush sightings have been documented.   [RR 2013, c. 1, §50 (COR).]
SECTION HISTORY
RR 2013, c. 1, §50 (COR). PL 2013, c. 325, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-A: EXPEDITED PERMITTING OF GRID-SCALE WIND ENERGY DEVELOPMENT › 35-A §3453. Additions to the expedited permitting area

§3453. Additions to the expedited permitting area
The Maine Land Use Planning Commission may, by rule adopted in accordance with Title 5, chapter 375, establish standards for the addition of and add a specified place in the unorganized and deorganized areas to the expedited permitting area. In order to add a specified place to the expedited permitting area, the Maine Land Use Planning Commission must determine that the proposed addition to the expedited permitting area:   [PL 2015, c. 265, §7 (AMD); PL 2015, c. 265, §10 (AFF).]
1.  Geographic extension.
Involves a logical geographic extension of the currently designated expedited permitting area, except that the addition of a specified place that was previously removed from the expedited permitting area in accordance with section 3453‑A, subsection 1 need not satisfy this requirement;
[PL 2015, c. 265, §7 (AMD); PL 2015, c. 265, §10 (AFF).]
2.  Meets state goals.
Is important to meeting the state goals for wind energy development established in section 3404; and
[PL 2007, c. 661, Pt. A, §7 (NEW).]
3.  Consistent with comprehensive land use plan.
Is consistent with the principal values and the goals in the comprehensive land use plan adopted by the Maine Land Use Planning Commission pursuant to Title 12, section 685‑C.
[PL 2015, c. 265, §7 (AMD); PL 2015, c. 265, §10 (AFF).]
Rules adopted by the Maine Land Use Planning Commission pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2007, c. 661, Pt. A, §7 (NEW); PL 2011, c. 682, §38 (REV).]
SECTION HISTORY
PL 2007, c. 661, Pt. A, §7 (NEW). PL 2011, c. 682, §38 (REV). PL 2015, c. 265, §7 (AMD). PL 2015, c. 265, §10 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-A: EXPEDITED PERMITTING OF GRID-SCALE WIND ENERGY DEVELOPMENT › 35-A §3455. Determination of public safety-related setbacks

§3455. Determination of public safety-related setbacks
In making findings pursuant to Title 12, section 685‑B, subsection 4 or Title 38, section 484, subsection 3 on whether a wind energy development must be constructed with setbacks adequate to protect public safety, the primary siting authority must consider the recommendation of a professional, licensed civil engineer as well as any applicable setback recommended by a manufacturer of the generating facilities. The primary siting authority may require submission of this information as part of the application.   [PL 2007, c. 661, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 2007, c. 661, Pt. A, §7 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-A: EXPEDITED PERMITTING OF GRID-SCALE WIND ENERGY DEVELOPMENT › 35-A §3457. Rulemaking; scenic viewpoint; scenic inventory

§3457. Rulemaking; scenic viewpoint; scenic inventory
1.  Scenic viewpoint.
The Department of Agriculture, Conservation and Forestry shall adopt rules to designate scenic viewpoints located on state public reserved land or on a trail that is used exclusively for pedestrian use, such as the Appalachian Trail, that have state or national significance from a scenic perspective based on criteria modeled after those used in the "Maine Rivers Study" published by the former Department of Conservation in 1982 and "Maine Wildlands Lakes Assessment" published by the former Maine Land Use Regulation Commission in June 1987 and consideration of the criteria in section 3452, subsection 3.
[PL 2013, c. 405, Pt. C, §18 (AMD).]
2.  Scenic inventory.
The Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources shall adopt rules regarding the methodology for conducting a scenic inventory of scenic resources of state or national significance that are located in the coastal area, as defined by Title 38, section 1802, subsection 1, in a manner comparable to that used for an inventory listed in section 3451, subsection 9, paragraph H, subparagraph (1). The Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources may contract with an outside entity for the preparation of a scenic inventory conducted pursuant to the methodology developed pursuant to this subsection.
[PL 2013, c. 405, Pt. C, §18 (AMD).]
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2007, c. 661, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 2007, c. 661, Pt. A, §7 (NEW). PL 2011, c. 655, Pt. KK, §23 (AMD). PL 2011, c. 655, Pt. KK, §34 (AFF). PL 2013, c. 405, Pt. C, §18 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-A: EXPEDITED PERMITTING OF GRID-SCALE WIND ENERGY DEVELOPMENT › 35-A §3458. Judicial appeal; municipal permitting decision

§3458. Judicial appeal; municipal permitting decision
Any judicial appeal of a municipal decision regarding permitting of an expedited wind energy development that is taken in the manner provided in the Maine Rules of Civil Procedure, Rule 80B must be heard and determined by the Superior Court as expeditiously as possible.   [PL 2009, c. 642, Pt. B, §2 (NEW).]
SECTION HISTORY
PL 2009, c. 642, Pt. B, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-A: EXPEDITED PERMITTING OF GRID-SCALE WIND ENERGY DEVELOPMENT › 35-A §3459. Best practical mitigation

§3459. Best practical mitigation
1.  Process.
An application for a grid-scale wind energy development must contain, and the primary siting authority shall require, best practical mitigation for all aspects of construction and operation of generating facilities. In determining best practical mitigation options, the primary siting authority shall consider:
A. The existing state of technology;   [PL 2013, c. 325, §3 (NEW).]
B. The effectiveness of available technologies or methods for reducing impacts; and   [PL 2013, c. 325, §3 (NEW).]
C. The economic feasibility of the type of mitigation under consideration.   [PL 2013, c. 325, §3 (NEW).]
[PL 2013, c. 325, §3 (NEW).]
2.  Rules.
The department shall adopt rules governing best practical mitigation under this section. Rules adopted under this subsection are major substantive rules as described in Title 5, chapter 375, subchapter 2-A. Any amendments to the rules after final adoption of the major substantive rules are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[PL 2013, c. 325, §3 (NEW).]
SECTION HISTORY
PL 2013, c. 325, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-B: THE MAINE SOLAR ENERGY ACT › 35-A §3471. Short title

§3471. Short title
This chapter may be known and cited as "the Maine Solar Energy Act."   [PL 2013, c. 562, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 562, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-B: THE MAINE SOLAR ENERGY ACT › 35-A §3472. Legislative findings

§3472. Legislative findings
1.  Public interest.
The Legislature finds that it is in the public interest to develop renewable energy resources, including solar energy, in a manner that protects and improves the health and well-being of the citizens and natural environment of the State while also providing economic benefits to communities, ratepayers and the overall economy of the State.
[PL 2013, c. 562, §1 (NEW).]
2.  Contribution of solar energy development.
The Legislature finds that the solar energy resources of the State constitute a valuable indigenous and renewable energy resource and that solar energy development, which is unique in its benefits to and impacts on the climate and the natural environment, can make a contribution to the general welfare of the citizens of the State for the following reasons:
A. Solar energy is an energy resource that does not rely on fossil fuel combustion and therefore it can displace energy provided by that source and reduce air pollution and greenhouse gas emissions; and   [PL 2013, c. 562, §1 (NEW).]
B. There is an inexhaustible supply of solar energy throughout the State that should be used cost-effectively for heat and electricity using current technology.   [PL 2013, c. 562, §1 (NEW).]
[PL 2013, c. 562, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 562, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-B: THE MAINE SOLAR ENERGY ACT › 35-A §3473. Specific measures to support solar energy

§3473. Specific measures to support solar energy
1.  Monitoring.
The commission shall monitor the level of solar energy development in the State in relation to the goals in section 3474, basic trends in solar energy markets and the relative costs and benefits from solar energy development, including but not limited to:
A. Revenue from the sale of renewable energy credits;   [PL 2023, c. 307, §3 (NEW).]
B. Societal benefits through avoided greenhouse gas emissions;   [PL 2023, c. 307, §3 (NEW).]
C. Reduced electricity prices; and   [PL 2023, c. 307, §3 (NEW).]
D. Avoided or reduced costs associated with:
(1) Electricity capacity requirements;
(2) Environmental compliance requirements;
(3) Portfolio requirements established in section 3210;
(4) Renewable energy credit price suppression; and
(5) Electricity transmission and distribution costs.   [PL 2023, c. 307, §3 (NEW).]
[PL 2023, c. 307, §3 (RPR).]
1-A.  Reporting.
By January 1st of each year, the commission shall provide a summary report of its findings under subsection 1 to the joint standing committee of the Legislature having jurisdiction over energy matters.
[PL 2023, c. 307, §4 (NEW).]
2.  Economic development.
Within existing programs and resources, the State, including the Small Enterprise Growth Program, as established in Title 10, chapter 13; the Maine Technology Institute, as established in Title 5, section 12004‑G, subsection 33‑D; the Maine Rural Development Authority, as established in Title 5, section 12004‑F, subsection 18; the Finance Authority of Maine, as established in Title 10, chapter 110; and the Department of Economic and Community Development, shall seek opportunities to promote investment in solar energy development, generation and manufacturing.
[PL 2013, c. 562, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 562, §1 (NEW). PL 2023, c. 307, §§3, 4 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-C: DISTRIBUTED GENERATION › 35-A §3482. Specific measures to support distributed generation

§3482. Specific measures to support distributed generation
1.  Procurements.
The commission may not procure distributed generation resources in the shared distributed generation and commercial or institutional distributed generation market segments using the targets and procurement methods described in this chapter.
[PL 2021, c. 390, §3 (AMD).]
2.  Participation in wholesale markets.
The commission and investor‑owned transmission and distribution utilities shall take all commercially reasonable steps to promote the participation of distributed generation resources in serving the State's energy needs and in the wholesale electricity, capacity and ancillary service markets.
[PL 2019, c. 478, Pt. B, §1 (NEW).]
3.  Change in tax treatment.
If a change in federal tax laws, regulations or policy materially modifies the burdens or costs to customers or utilities associated with the procurements under this chapter, the commission shall issue a report to the joint standing committee of the Legislature having jurisdiction over energy matters describing the impact of these changes and recommending any actions necessary to maintain the benefits of the procurements under this chapter.
[PL 2019, c. 478, Pt. B, §1 (NEW).]
4.  Timely interconnection.
The commission shall ensure the timely review and execution of interconnection requests and the timely completion of work needed for the safe, reliable and cost‑effective interconnection of distributed generation resources. The commission shall establish by rule requirements for investor‑owned transmission and distribution utilities to interconnect distributed generation resources to the grid and financial penalties to ensure timely actions by those utilities to achieve the procurements under sections 3485 and 3486.
[PL 2019, c. 478, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 478, Pt. B, §1 (NEW). PL 2021, c. 390, §3 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-C: DISTRIBUTED GENERATION › 35-A §3485. Commercial or institutional distributed generation resources procurement

§3485. Commercial or institutional distributed generation resources procurement
1.  Procurement amounts.
By July 1, 2024, the commission shall procure 125 megawatts of the output of distributed generation resources associated with commercial or institutional customer accounts by conducting an initial competitive solicitation for the first block of 25 megawatts pursuant to section 3484 to establish market‑based, declining block contract rates to procure the remaining 100 megawatts.
[PL 2019, c. 478, Pt. B, §1 (NEW).]
2.  Determination of bill credit.
The bill credit allocated to a commercial or institutional customer must be based on the total kilowatt‑hours of energy production of the distributed generation resource for the previous month. For each billing month, the value of the credit must be calculated by multiplying the number of kilowatt‑hours by the contract rate. A payment to a commercial or institutional customer must be credited against the customer's monthly electricity bill in accordance with section 3487. The monthly energy production must be determined by a revenue‑grade meter installed and paid for by the participating commercial or institutional customer.
[PL 2019, c. 478, Pt. B, §1 (NEW).]
3.  Exemption.
A commercial or institutional customer is not considered a public utility or competitive electricity provider solely as a result of entering into a contract with a standard buyer under this section.
[PL 2019, c. 478, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 478, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-C: DISTRIBUTED GENERATION › 35-A §3487. Bill credits; utility costs paid by project sponsor

§3487. Bill credits; utility costs paid by project sponsor
1.  Credit assigned to a customer's bill.
If the value of a credit to be applied to a customer's bill under this chapter is less than the amount owed by the customer at the end of the applicable billing period, the customer must be billed for the difference between the amount shown on the bill and the value of the available credit. If the value of the credit to be applied to a customer's bill under this chapter is greater than the amount owed by the customer at the end of the billing period, the remaining value of the credit must carry over from month to month.
[PL 2019, c. 478, Pt. B, §1 (NEW).]
2.  Utility costs paid by project sponsor.
If a project sponsor pays an investor-owned transmission and distribution utility's costs associated with billing and collection from a subscriber, at the request of the project sponsor the utility shall bill the subscriber on behalf of the project sponsor. Costs under this subsection are subject to review by the commission.
[PL 2019, c. 478, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 478, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-C: DISTRIBUTED GENERATION › 35-A §3488. Rules

§3488. Rules
The commission shall adopt rules to implement this chapter. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 478, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 478, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-D: SOLAR ENERGY DEVELOPMENT DECOMMISSIONING › 35-A §3492. Prohibition

§3492. Prohibition
A person may not construct, cause to be constructed or operate a solar energy development with ground-mounted solar panels occupying 3 or more acres without first obtaining approval of a decommissioning plan from the environmental permitting entity under section 3495.   [PL 2021, c. 151, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 151, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-D: SOLAR ENERGY DEVELOPMENT DECOMMISSIONING › 35-A §3493. Transfer of ownership

§3493. Transfer of ownership
Upon a transfer of ownership of a solar energy development subject to a decommissioning plan approved under section 3495, a person that transfers ownership of the development remains jointly and severally liable for implementation of the plan until the environmental permitting entity approves transfer of the decommissioning plan to the new owner or operator.   [PL 2021, c. 151, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 151, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-D: SOLAR ENERGY DEVELOPMENT DECOMMISSIONING › 35-A §3494. Decommissioning plan

§3494. Decommissioning plan
A decommissioning plan must:   [PL 2021, c. 151, §1 (NEW).]
1.  Decommissioning.
Provide for the decommissioning of a solar energy development. For any portion of the development located on land classified as farmland any time within 5 years preceding the start of construction of the development, the plan must provide for the restoration of that farmland upon decommissioning sufficient to support resumption of farming or agricultural activities;
[PL 2021, c. 151, §1 (NEW).]
2.  Grading and revegetation of earth.
Provide for the grading and revegetation of all earth disturbed during construction and decommissioning, except for areas already restored; and
[PL 2021, c. 151, §1 (NEW).]
3.  Financial capacity.
Include demonstration of current and future financial capacity, which must be unaffected by the owner's or operator's future financial condition, to fully fund decommissioning in accordance with an approved decommissioning plan under this chapter.
[PL 2021, c. 151, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 151, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-D: SOLAR ENERGY DEVELOPMENT DECOMMISSIONING › 35-A §3495. Standards

§3495. Standards
An environmental permitting entity shall approve a decommissioning plan whenever it finds the following:   [PL 2021, c. 151, §1 (NEW).]
1.  Successful decommissioning.
The plan, if implemented, will result in successful decommissioning of the solar energy development, including the restoration of farmland sufficient to support resumption of farming or agricultural activities;
[PL 2021, c. 151, §1 (NEW).]
2.  Financial assurance.
The person identified in the plan as responsible for decommissioning demonstrates financial assurance, in the form of a performance bond, surety bond, irrevocable letter of credit or other form of financial assurance acceptable to the environmental permitting entity, for the total cost of decommissioning; and
[PL 2021, c. 151, §1 (NEW).]
3.  Update.
The plan requires the financial assurance be updated 15 years after approval of the plan and no less frequently than every 5 years thereafter. Updates to financial assurance required under this subsection must be submitted to the environmental permitting entity on or before December 31st of the year in which such updates are required.
[PL 2021, c. 151, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 151, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-D: SOLAR ENERGY DEVELOPMENT DECOMMISSIONING › 35-A §3496. Administration and enforcement; rulemaking

§3496. Administration and enforcement; rulemaking
The Department of Environmental Protection shall administer and enforce this chapter with respect to the decommissioning of solar energy developments for which it is the environmental permitting entity, subject to the same powers and authorities granted to it pursuant to Title 38, chapter 2, which may include, but are not limited to, the adoption of rules and the establishment of reasonable fees. The Maine Land Use Planning Commission shall administer and enforce this chapter with respect to the decommissioning of solar energy developments for which it is the environmental permitting entity, subject to the same powers and authorities granted to it pursuant to Title 12, chapter 206‑A, which may include, but are not limited to, the adoption of rules and the establishment of reasonable fees.   [PL 2023, c. 215, §1 (AMD).]
Rules adopted by the Department of Environmental Protection or by the Maine Land Use Planning Commission pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2021, c. 151, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 151, §1 (NEW). PL 2023, c. 215, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 34-D: SOLAR ENERGY DEVELOPMENT DECOMMISSIONING › 35-A §3497. Applicability

§3497. Applicability
This chapter applies to a solar energy development with ground-mounted solar panels occupying 3 or more acres on which construction begins on or after October 1, 2021 and to any other solar energy development with ground-mounted solar panels occupying 3 or more acres that undergoes a transfer of ownership on or after October 1, 2021.   [PL 2023, c. 215, §2 (NEW).]
SECTION HISTORY
PL 2023, c. 215, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 35: CONSUMER-OWNED TRANSMISSION AND DISTRIBUTION UTILITIES › 35-A §3501. Definitions

§3501. Definitions
1.  Consumer-owned transmission and distribution utility.
For the purposes of this chapter, "consumer-owned transmission and distribution utility" means any transmission and distribution utility that is wholly owned by its consumers, including its consumers served in the State. "Consumer-owned transmission and distribution utility" includes but is not limited to:
A. Any rural electrification cooperative organized under chapter 37;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Any electrification cooperative organized on a cooperative plan under the laws of the State;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. Any municipal or quasi-municipal transmission and distribution utility located in the State;   [PL 2019, c. 311, §2 (AMD).]
D. The portion of any municipal or quasi-municipal entity located in the State providing transmission and distribution services; and   [PL 2019, c. 311, §2 (AMD).]
E. Any transmission and distribution utility wholly owned by a municipality located in the State.   [PL 2019, c. 311, §2 (AMD).]
[PL 2019, c. 311, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C9 (AMD). PL 1999, c. 398, §A85 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2019, c. 311, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 35: CONSUMER-OWNED TRANSMISSION AND DISTRIBUTION UTILITIES › 35-A §3504. Treatment of certain small consumer-owned transmission and distribution utilities

§3504. Treatment of certain small consumer-owned transmission and distribution utilities
1.  Exemption.
Upon request of a consumer-owned transmission and distribution utility of not more than 150 customers, the commission may exempt the utility from any of the requirements of any commission rules and this Title, with the exception of sections 3502 and 3503.
[PL 1999, c. 398, Pt. A, §88 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Rule-making considerations.
The commission shall take into account the form of governance of consumer-owned transmission and distribution utilities when promulgating rules and shall state in any notice of proposed rulemaking relating to those utilities what consideration has been given to the ability of those utilities to regulate matters covered under their own authority and, in promulgating those rules, may not impose unreasonable requirements on consumer-owned transmission and distribution utilities.
[PL 1999, c. 398, Pt. A, §88 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1989, c. 101 (RPR). PL 1999, c. 398, §A88 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 35: CONSUMER-OWNED TRANSMISSION AND DISTRIBUTION UTILITIES › 35-A §3505. Sunset provision (REPEALED)

§3505. Sunset provision
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 571 (AMD). PL 1991, c. 651 (RP). MRSA T. 35-A §3505 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36: COMMUNITY-BASED RENEWABLE ENERGY › 35-A §3601. Short title

§3601. Short title
This chapter may be known and cited as "the Community-based Renewable Energy Act."   [PL 2009, c. 329, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 2009, c. 329, Pt. A, §4 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36: COMMUNITY-BASED RENEWABLE ENERGY › 35-A §3602. Definitions

§3602. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2009, c. 329, Pt. A, §4 (NEW).]
1.  Community-based renewable energy project.
"Community-based renewable energy project" means a locally owned electricity generating facility that generates electricity from an eligible renewable resource.
[PL 2009, c. 329, Pt. A, §4 (NEW).]
2.  Eligible renewable resource.
"Eligible renewable resource" means a renewable capacity resource as defined in section 3210, subsection 2, paragraph B‑3.
[PL 2009, c. 542, §8 (AMD).]
3.  Locally owned electricity generating facility.
"Locally owned electricity generating facility" means an electricity generating facility at least 51% of which is owned by one or more qualifying local owners.
[PL 2009, c. 329, Pt. A, §4 (NEW).]
3-A.  Net generating capacity.
"Net generating capacity" means the output of a generating facility delivered to the transmission and distribution utility system. "Net generating capacity" does not include any energy consumed by the generator to operate the electricity generating facility and energy consumed for plant lighting, power and auxiliary facilities.
[PL 2015, c. 232, §1 (NEW).]
4.  Program participant.
"Program participant" means a community-based renewable energy project that is participating in the community-based renewable energy pilot program established in section 3603.
[PL 2009, c. 329, Pt. A, §4 (NEW).]
5.  Qualifying local owner.
"Qualifying local owner" means a person or entity that is:
A. An individual who is a resident of the State;   [PL 2009, c. 329, Pt. A, §4 (NEW).]
B. A political subdivision of the State, including, but not limited to, a county, municipality, quasi-municipal corporation or district as defined in Title 30‑A, section 2351, school administrative unit as defined in Title 20‑A, section 1, public or private institution of higher education, regional council of governments or any other local or regional governmental organization, including, but not limited to, a board, commission or association;   [PL 2009, c. 329, Pt. A, §4 (NEW).]
C. A department, agency or instrumentality of the State;   [PL 2009, c. 329, Pt. A, §4 (NEW).]
D. A federally recognized Indian tribe located in the State;   [PL 2009, c. 329, Pt. A, §4 (NEW).]
E. A nonprofit corporation, organized under the laws of the State, including a unit owners association organized under Title 33, section 1603‑101; or   [PL 2009, c. 329, Pt. A, §4 (NEW).]
F. A business corporation, organized under the laws of the State, at least 51% of which is owned by one or more residents of the State.   [PL 2009, c. 329, Pt. A, §4 (NEW).]
[PL 2009, c. 329, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 2009, c. 329, Pt. A, §4 (NEW). PL 2009, c. 542, §8 (AMD). PL 2015, c. 232, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36: COMMUNITY-BASED RENEWABLE ENERGY › 35-A §3605. Renewable energy credit multiplier

§3605. Renewable energy credit multiplier
The renewable energy credit multiplier is governed by this section. The value of a renewable energy credit for electricity generated by a program participant that elects the renewable energy credit multiplier under section 3603, subsection 4, paragraph B is 150% of the amount of the electricity. When a program participant elects the renewable energy credit multiplier, the multiplier must be accounted for when renewable energy credits are used to satisfy the portfolio requirements of section 3210, subsections 3 and 3‑A.   [PL 2009, c. 329, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 2009, c. 329, Pt. A, §4 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36: COMMUNITY-BASED RENEWABLE ENERGY › 35-A §3606. Rules

§3606. Rules
The commission shall adopt rules to implement this chapter. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 329, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 2009, c. 329, Pt. A, §4 (NEW).