(9)__Municipal solid waste in conjunction with recycling.

If an electrical generation facility relies on a renewable fuel and a nonrenewable fuel for its output, and the nonrenewable fuel accounts for more than 10% of its output, only that output attributable to the renewable fuel may be considered an eligible renewable resource.

A qualifying facility under this subsection that otherwise meets the requirements of paragraphs A and B may not be considered an eligible renewable resource if that facility is selling its electrical output to a transmission and distribution utility and is being paid a rate for energy, or energy and capacity, that exceeds the average New England independent system operator market energy clearing price for the preceding year by an amount equal to or greater than $20 per megawatt hour.

3.__Portfolio requirements.__As a condition of licensing pursuant to section 3203, each competitive electricity provider in this State must demonstrate, in a manner satisfactory to the commission, that:

A.__No less than 30% of its annual portfolio of supply sources for its retail electricity sales in this State is accounted for by eligible renewable resources.__The requirement in this paragraph may be referred to as a "tier 1 requirement"; and

B.__Beginning March 1, 2005, no less than 0.5% of its annual portfolio of supply sources for its retail electricity sales in this State is accounted for by eligible renewable resources that were constructed after January 1, 2002.__Incremental generation from increased efficiency or additions of capacity to existing eligible renewable resources after this date must be considered eligible to meet tier 2 requirements.__This percentage increases 0.5% per year until it reaches 5% in 2014.__This requirement must remain at 5% unless the commission makes a recommendation that it should be increased.__The requirement in this paragraph may be referred to as a "tier 2 requirement."

If a competitive electricity provider represents to a customer that the provider is selling to the customer a portfolio of supply sources that exceeds the requirements of paragraph A or B, the resources necessary to supply the excess may not be applied to meet the requirements of paragraph A or B.