An Act To Establish the Community-based Renewable Energy Pilot Program
Sec. A-1. 5 MRSA §1766-A, as enacted by PL 2007, c. 52, §1, is amended to read:
§ 1766-A. Electricity purchases for state buildings
No later than January 1, 2010, all electricity consumed in state-owned buildings must be supplied by renewable resources. For purposes of this section, "renewable resource" means any renewable resource defined has the same meaning as in Title 35-A, section 3210, subsection 2, paragraph C. In purchasing electricity for state-owned buildings, the State may give preference to electricity generated by community-based renewable energy projects, as defined in Title 35-A, section 3602, subsection 1.
Sec. A-2. 35-A MRSA §3210, sub-§8, as amended by PL 2007, c. 403, §6, is further amended to read:
Sec. A-3. 35-A MRSA §3212, sub-§4-D is enacted to read:
Sec. A-4. 35-A MRSA c. 36 is enacted to read:
COMMUNITY-BASED RENEWABLE ENERGY
§ 3601. Short title
This chapter may be known and cited as "the Community-based Renewable Energy Act."
§ 3602. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 3603. Community-based renewable energy pilot program
(1) Have an installed generating capacity of less than 100 kilowatts; or
(2) Are located in the service territory of a consumer-owned transmission and distribution utility.
The commission may modify the amount of generating capacity reserved under this paragraph based on program experience.
The commission shall prescribe an application form or procedure that must be used to apply to the program under this chapter. The application form or procedure must include any information that the commission determines necessary for the purpose of administering the program. The commission shall, within 30 days of receipt of a completed application, determine whether a community-based renewable energy project qualifies to participate in the program and respond in writing.
§ 3604. Long-term contracts for community-based renewable energy
Long-term contracts with program participants who elect the long-term contract for community-based renewable energy pursuant to section 3603, subsection 4, paragraph A are governed by this section.
The commission shall establish prices under this subsection based on an analysis of reasonable costs and may establish different prices for different resources or technologies and different prices by time of generation in accordance with that analysis.
§ 3605. Renewable energy credit multiplier
The renewable energy credit multiplier is governed by this section. The value of a renewable energy credit for electricity generated by a program participant that elects the renewable energy credit multiplier under section 3603, subsection 4, paragraph B is 150% of the amount of the electricity. When a program participant elects the renewable energy credit multiplier, the multiplier must be accounted for when renewable energy credits are used to satisfy the portfolio requirements of section 3210, subsections 3 and 3-A.
§ 3606. Rules
The commission shall adopt rules to implement this chapter. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§ 3607. Tracking; biennial report
The commission shall develop and administer a system to register and track the development of community-based renewable energy projects and by January 15, 2011 and biennially by January 15th thereafter shall report to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters on the program and the development of community-based renewable energy projects. The report must include, but is not limited to:
§ 3608. Regulatory approvals; use of public resources
§ 3609. Repeal; authority for legislation
This chapter is repealed December 31, 2015. The joint standing committee of the Legislature having jurisdiction over utilities and energy matters may report out legislation regarding this program to the First Regular Session of the 126th Legislature.
Sec. A-5. 35-A MRSA §10008, sub-§6, ¶E, as enacted by PL 2007, c. 317, §15, is amended to read:
Sec. A-6. Community-based renewable energy pilot program; first biennial report; incentives for economically disadvantaged areas. In the report due January 15, 2011 under the Maine Revised Statutes, Title 35-A, section 3607, the Public Utilities Commission shall provide recommendations regarding policy options, including but not limited to financial incentives, to encourage the development of community-based renewable energy projects in economically disadvantaged areas of the State. For the purposes of this section, "economically disadvantaged areas" includes, but is not limited to, communities, counties and other geographic areas of the State in which the average weekly wage is below the state average weekly wage or the unemployment rate is greater than the state unemployment rate.
Sec. A-7. Interim progress report. No later than February 15, 2010, the Public Utilities Commission shall submit an interim progress report to the Joint Standing Committee on Utilities and Energy regarding the development and implementation of the community-based renewable energy pilot program pursuant to the Maine Revised Statutes, Title 35-A, chapter 36, including, but not limited to:
1. Rulemaking undertaken by the commission pursuant to Title 35-A, section 3606, including, but not limited to, rulemaking to establish prices for long-term contracts for program participants with a generating capacity of less than one megawatt pursuant to Title 35-A, section 3604, subsection 7;
2. The development of contract terms and conditions for long-term contracts under Title 35-A, section 3604; and
3. The number and types of projects that have expressed interest in the program to date, based on inquiries and applications made to the commission.
Sec. B-1. 35-A MRSA §3210, sub-§7, as amended by PL 2007, c. 403, §5, is further amended to read:
Sec. B-2. 35-A MRSA §3212-A, sub-§1, ¶A, as enacted by PL 2007, c. 403, §8, is further amended to read:
Sec. B-3. 35-A MRSA §3212-A, sub-§1-A is enacted to read:
(1) Incorporate green power supply from community-based renewable energy projects, as defined in section 3602, subsection 1, into the green power offer; and
(2) Encourage entities based in this State to provide green power supply from community-based renewable energy projects, as defined in section 3602, subsection 1 for the green power offer pursuant to this subsection.
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.
Sec. B-4. 35-A MRSA §3212-A, sub-§2, as enacted by PL 2007, c. 403, §8, is amended to read:
Sec. B-5. 35-A MRSA §3212-A, sub-§3, as enacted by PL 2007, c. 403, §8, is amended to read: