An Act To Improve Maine's Renewable Portfolio Standard
Sec. 1. 35-A MRSA §3210, sub-§1, as amended by PL 1999, c. 398, Pt. I, §1, is further amended to read:
Sec. 2. 35-A MRSA §3210, sub-§2, ¶B, as repealed and replaced by PL 1999, c. 398, Pt. I, §2, is amended to read:
(1) Generates power that can physically be delivered to the control region in which the New England Power Pool, or its successor as approved by the Federal Energy Regulatory Commission, has authority over transmission, or to the Maritimes Control Area; and
(2) Is either a renewable resource , a low-carbon-emitting resource or an efficient resource.
Sec. 3. 35-A MRSA §3210, sub-§2, ¶B-3, as enacted by PL 2009, c. 542, §3, is amended to read:
(1) Whose total power production capacity does not exceed 100 megawatts and relies on one or more of the following:
(a) Fuel cells;
(b) Tidal power;
(c) Solar arrays and installations;
(d) Geothermal installations;
(e) Hydroelectric generators that meet all state , provincial and federal fish passage requirements applicable to the generator; or
(f) Biomass generators that are fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes; or
(2) That relies on wind power installations.
Sec. 4. 35-A MRSA §3210, sub-§2, ¶B-4, as enacted by PL 2009, c. 542, §4, is amended to read:
(1) Has an in-service date after September 1, 2005;
(2) Was added to an existing facility after September 1, 2005;
(3) For at least 2 years was not operated or was not recognized by the New England independent system operator as a capacity resource and, after September 1, 2005, resumed operation or was recognized by the New England independent system operator as a capacity resource; or
(4) Was refurbished after September 1, 2005 and is operating beyond its previous useful life or is employing an alternate technology that significantly increases the efficiency of the generation process.
For the purposes of this paragraph, "capacity resource" has the same meaning as in section 3210-C, subsection 1, paragraph A.
Sec. 5. 35-A MRSA §3210, sub-§2, ¶B-5 is enacted to read:
Sec. 6. 35-A MRSA §3210, sub-§2, ¶B-6 is enacted to read:
Sec. 7. 35-A MRSA §3210, sub-§2, ¶C, as amended by PL 2009, c. 542, §5, is further amended to read:
(1) That qualifies as a small power production facility under the Federal Energy Regulatory Commission rules, 18 Code of Federal Regulations, Part 292, Subpart B, as in effect on January 1, 1997; or
(2) Whose total power production capacity does not exceed 100 megawatts and that relies on one or more of the following:
(a) Fuel cells;
(b) Tidal power;
(c) Solar arrays and installations;
(d) Wind power installations;
(e) Geothermal installations;
(f) Hydroelectric generators;
(g) Biomass generators that are fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes; or
(h) Generators fueled by municipal solid waste in conjunction with recycling.
Sec. 8. 35-A MRSA §3210, sub-§3-A, as corrected by RR 2007, c. 2, §20, is amended to read:
(1) One percent for the period from January 1, 2008 to December 31, 2008;
(2) Two percent for the period from January 1, 2009 to December 31, 2009;
(3) Three percent for the period from January 1, 2010 to December 31, 2010;
(4) Four percent for the period from January 1, 2011 to December 31, 2011;
(5) Five percent for the period from January 1, 2012 to December 31, 2012;
(6) Six percent for the period from January 1, 2013 to December 31, 2013;
(7) Seven percent for the period from January 1, 2014 to December 31, 2014;
(8) Eight percent for the period from January 1, 2015 to December 31, 2015;
(9) Nine percent for the period from January 1, 2016 to December 31, 2016; and
(10) Ten percent for the period from January 1, 2017 to December 31, 2017.
New renewable capacity resources and new low-carbon-emitting resources used to satisfy the requirements of this paragraph may not be used to satisfy the requirements of subsection 3.
(1) If by March 31st of the years 2010, 2012, 2014 and 2016 the commission determines that investment in new renewable capacity resources or new low-carbon-emitting resources in the preceding 2 calendar years has not been sufficient for competitive electricity providers to meet the portfolio requirements under paragraph A and that the resulting use of renewable energy credits or low-carbon-emitting energy credits pursuant to subsection 8 or the alternative compliance payment mechanism pursuant to subsection 9, or both of these methods, has burdened electricity customers in the State without providing the benefits of new renewable capacity resources or new low-carbon-emitting resources, the commission may suspend all or some of the future scheduled increases in the portfolio requirements under paragraph A.
(2) If the commission finds that alternative compliance payments are made pursuant to subsection 9 in 3 consecutive calendar years, the commission shall temporarily suspend all or some of the future scheduled increases in the portfolio requirements under paragraph A.
(3) If the commission suspends any scheduled increases in the portfolio requirements under paragraph A pursuant to subparagraph (1) or (2), the commission may resume increases, limited to no more than one percentage point per year over the previous year, in the portfolio requirements after a minimum of one year.
The commission shall adopt rules to implement this subsection. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 9. 35-A MRSA §3210, sub-§7, as amended by PL 2009, c. 329, Pt. B, §1, is further amended to read:
Sec. 10. 35-A MRSA §3210, sub-§8, as amended by PL 2009, c. 329, Pt. A, §2, is further amended to read:
Sec. 11. 35-A MRSA §3210, sub-§9, as amended by PL 2009, c. 565, §4 and affected by §9, is further amended to read:
The commission shall adopt rules to implement this subsection. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
summary
This bill modifies the portfolio requirements that competitive electricity providers must satisfy in selling electricity in this State. This bill removes all size limits on renewable resources eligible to meet the portfolio requirements. This bill also adds low-carbon-emitting resources to the list of resources that are eligible to meet the portfolio requirements.