| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 35-A MRSA §3210, sub-§1, as amended by PL 1999, c. 398, Pt. | I, §1, is further amended to read: |
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| | 1. Policy. In order to ensure an adequate and reliable | supply of electricity for Maine residents and to encourage the | use of renewable, efficient and indigenous resources, it is | the policy of this State to encourage the generation of | electricity from renewable and efficient sources and to | diversify electricity production on which residents of this | State rely in a manner consistent with this section. |
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| | Sec. 2. 35-A MRSA §3210, sub-§2, as repealed and replaced by PL | 1999, c. 398, Pt. I, §2, is repealed and the following enacted | in its place: |
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| | 2.__Definitions.__As used in this section, unless the | context otherwise indicates, the following terms have the | following meanings. |
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| A. "Eligible renewable resource" means a source of | electrical generation that: |
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| (1)__Generates power in the State or generates power | that can physically be delivered to the State's | consumers; and |
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| (2)__Is a renewable resource, provided that: |
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| (a)__If the renewable resource is also a | qualifying facility and is selling electrical | output to a transmission and distribution | utility, it is not being paid a rate for energy, | or for energy and capacity, that exceeds the | average New England independent system operator | control area market energy clearing price for | the preceding year by an amount equal to or | greater than $20 per kilowatt hour; and |
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| (b)__If the renewable resource relies for more | than 10% of its output on sources of generation | not listed in paragraph B, only output | attributable to sources of generation listed in | paragraph B qualifies as an eligible renewable | resource under this paragraph. |
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| B. "Renewable resource" means a source of electrical | generation: |
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