‘Sec. 5. PL 2009, c. 615, Pt. A, §6, 4th ¶ is amended to read:
For purposes of this section, "deep-water offshore wind energy pilot project" means an offshore wind energy project located within the University of Maine offshore energy test site or a wind energy development, as defined by Title 35-A, section 3451, subsection 11, that is connected to the electrical transmission system located in the State and employs one or more floating wind energy turbines in the Gulf of Maine at a location 300 feet or greater in depth no less than 10 nautical miles from any land area of the State other than coastal wetlands, as defined by Title 38, section 480-B, subsection 2, or an uninhabited island. "Tidal energy demonstration project" has the same meaning as in Title 38, section 636-A, subsection 1, paragraph A.
Sec. 6. PL 2009, c. 615, Pt. A, §6, 3rd ¶ from the end is amended to read:
The commission may not approve any long-term contract under this section that would result in an increase in electric rates in any customer class that is greater than the amount of the assessment charged under Title 35-A, section 10110, subsection 4 at the time that the contract is entered $1.45 per megawatt hour.
Sec. 7. PL 2009, c. 615, Pt. A, §6 is amended by adding at the end a new paragraph to read:
If a supplier under a deep-water offshore wind energy pilot project elects not to go forward or does not proceed to construction under the terms of a contract or other terms approved by the commission by order for any reason, including that the supplier does not receive necessary federal funding or financing, the commission may consider additional proposals for a deep-water offshore energy pilot project that can be funded within funding limitations under this section. To consider additional proposals, the commission shall conduct a 2nd round of solicitation of competitive proposals. The commission may approve additional projects that are contingent on previously approved projects not proceeding to construction within the approved time frames or deadlines. The University of Maine's deep-water offshore wind energy pilot project must be considered a deep-water offshore wind energy pilot project under this section. The commission shall make all reasonable efforts to complete its review and make decisions on additional proposals under this section by December 31, 2013.’