An Act To Remove the 100-megawatt Limit on Hydroelectric Generators under the Renewable Resources Laws
Sec. 1. 35-A MRSA §3210, sub-§2, ¶B-3, as amended by PL 2015, c. 220, §1, is further 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 and federal fish passage requirements applicable to the generator;
(f) Biomass generators that are fueled by wood, wood waste or landfill gas; or
(g) Anaerobic digestion of by-products of waste from animals or agricultural crops, food or vegetative material, algae or organic refuse; or
(2) That relies on wind power installations . ; or
(3) That relies on hydroelectric generators that meet all state and federal fish passage requirements applicable to the generators.
Sec. 2. 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 . ; or
(3) That relies on hydroelectric generators.
SUMMARY
This bill removes the 100-megawatt maximum capacity limit for a hydroelectric generator that meets all state and federal fish passage requirements applicable to generators to qualify as a renewable capacity resource and for a hydroelectric generator to qualify as a renewable resource for the purpose of meeting the State's renewable resource portfolio requirement.