(d) Wind power installations;

(e) Geothermal installations;

(f) Hydroelectric generators;

(g) Biomass generators; or

(h) Generators fueled by municipal solid waste in conjunction with recycling.

Sec. 3. 35-A MRSA §3210, sub-§2, ¶D is enacted to read:

D. "Tier 2 renewable resource" means a source of electrical generation that generates power that is scheduled for delivery and 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; that does not sell its electrical output to a transmission and distribution utility pursuant to a contract entered into prior to March 1, 2000; and that satisfies one of the following criteria:

(1) Was built after January 1, 2005 and relies on one or more of the following:

(a) Fuel cells;

(b) Tidal or wave power;

(c) Solar arrays and installations;

(d) Wind power installations;

(e) Geothermal installations;

(f) Hydroelectric generators; or

(g) Landfill gas installations;

(2) Is a hydroelectric generator in which a fish passage system has been installed after January 1, 2005 and that did not have a fish passage system prior to that date.__For a hydroelectric generator to qualify under this subparagraph, the Commissioner of Marine Resources must certify that the generator had no fish