An Act To Focus Energy Laws on Energy Cost
Sec. 1. 35-A MRSA §3143, sub-§3, ¶B, as enacted by PL 2009, c. 539, §2, is amended to read:
Sec. 2. 35-A MRSA §3207, sub-§1, ¶A, as amended by PL 2003, c. 141, §1, is further amended to read:
Sec. 3. 35-A MRSA §3207, sub-§1-A, ¶A, as enacted by PL 2009, c. 108, §1, is amended to read:
Sec. 4. 35-A MRSA §3209-A, as enacted by PL 2011, c. 262, §1, is repealed.
Sec. 5. 35-A MRSA §3210, as amended by PL 2011, c. 637, §1, is further amended to read:
§ 3210. Cost-effective renewable resources
(1) Qualifies as a qualifying cogeneration facility under the Federal Energy Regulatory Commission rules, 18 Code of Federal Regulations, Part 292, Subpart B, as in effect on January 1, 1997, was constructed prior to January 1, 1997 and meets the following efficiency standard:
(a) During any calendar year, the sum of the useful power output and the useful thermal energy output of the facility is no less than 60% of the total energy input to the facility.
For purposes of this paragraph, the term "useful power output" means the electrical or mechanical energy made available for use, exclusive of any energy used in the power production process. For purposes of this paragraph, the term "useful thermal energy" means thermal energy made available to an industrial or commercial process, net of any heat contained in condensate return and makeup water, used in a heating application or used in a space cooling application.
This paragraph is repealed January 1, 2016.
This paragraph is repealed January 1, 2016.
(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 or an efficient resource.
(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 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.
(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 former section 3210-C, subsection 1, paragraph A. For the purposes of this paragraph, "to refurbish" means to make an investment in equipment or facilities, other than for routine maintenance and repair, to renovate, reequip or restore the renewable capacity resource.
This paragraph is repealed January 1, 2016.
(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.
This subsection is repealed January 1, 2016.
(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 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 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 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, 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.
This subsection is repealed January 1, 2016.
This subsection is repealed January 1, 2016.
This subsection is repealed January 1, 2016.
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.
This subsection is repealed January 1, 2016.
Sec. 6. 35-A MRSA §3210-C, as amended by PL 2013, c. 454, §1, is repealed.
Sec. 7. 35-A MRSA §3210-F, sub-§1, ¶B, as enacted by PL 2013, c. 454, §2, is amended to read:
Sec. 8. 35-A MRSA §3210-G is enacted to read:
§ 3210-G. Aggregation of distributed generation
The commission shall select a distributed generation aggregator. The distributed generation aggregator shall seek to gather individual owners of distributed generation assets together to maximize the energy supply benefits of distributed generation and compensate owners of distributed generation assets for the energy supply benefits of the distributed generation assets, including, but not limited to, benefits related to energy supply, energy capacity and renewable energy credits.
For purposes of this section, "distributed generation" means the generation of electrical power at or near where that power is used.
Sec. 9. 35-A MRSA §3212, sub-§4-C, as enacted by PL 2005, c. 677, Pt. B, §2, is amended to read:
Sec. 10. 35-A MRSA §3218 is enacted to read:
§ 3218. Capacity resource adequacy
Sec. 11. 35-A MRSA §10104, sub-§4, ¶D, as amended by PL 2013, c. 369, Pt. A, §12, is further amended to read:
Sec. 12. Public Utilities Commission to open adjudicatory proceeding. No later than December 31, 2015, the Public Utilities Commission shall open an adjudicatory proceeding to select a distributed generation aggregator pursuant to the Maine Revised Statutes, Title 35-A, section 3210-G.
Sec. 13. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 35-A, section 3207, subsections 1 and 1-A take effect January 1, 2016.
summary
This bill directs the Public Utilities Commission to select a distributed generation aggregator to gather individual owners of distributed generation assets together to maximize the supply benefits of distributed generation and compensate owners of distributed generation assets for the energy supply benefits they provide ratepayers, including benefits related to energy supply, energy capacity and renewable energy credits. Effective January 1, 2016, the bill repeals the renewable portfolio standard, which requires competitive electricity providers to demonstrate to the Public Utilities Commission that a certain percentage of their portfolio of supply sources for retail electricity sales comes from renewable resources, new renewable capacity resources and efficient resources. The bill repeals the provision governing net energy billing, which is a billing and metering practice under which a customer is billed on the basis of net energy over the billing period taking into account accumulated unused kilowatt-hour credits from the previous billing period. The bill changes the long-term contracting authority of the Public Utilities Commission and specifies that it is the policy of the State with respect to long-term contracts to reduce electricity rates and costs for the State's residential and business customers and reduce pollution.