Sec. 1. 35-A MRSA §3210, sub-§2, ¶B, as enacted by PL 1997, c. 316, §3, is amended to read:

B. 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 and, was constructed prior to January 1, 1997 and relies on any of the fuels listed under paragraph C; or

Sec. 2. 35-A MRSA §3210, sub-§3, as enacted by PL 1997, c. 316, §3, is amended to read:

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 no less than 30% of its portfolio of supply sources for each retail electricity sales product sold to consumers in this State are is accounted for by renewable resources. By January 1, 1999, the commission shall provisionally adopt rules establishing reasonable procedures for implementing this requirement. Rules adopted under this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill amends the electric industry restructuring laws as follows.

1. It amends the definition of "renewable resource" to exclude cogeneration facilities that use fossil fuels.

2. It changes the renewable resource portfolio standard to require that at least 30% of a provider's portfolio of electricity supplies for each retail electricity product sold to consumers in this State is accounted for by renewable resources.