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An Act To Increase the Beneficial Reuse of Waste Materials and To Promote Community-based Renewable Energy
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3210, sub-§2, ¶B-3, as enacted by PL 2009, c. 542, §3, is amended to read:
 
B-3. "Renewable capacity resource" means a source of electrical generation:
 
(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; or
 
(f) Biomass generators that are fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes; or
 
(2) That relies on wind power installations.
Sec. 2.  35-A MRSA §3602, sub-§3-A  is enacted to read:
 
3-A.  Net generating capacity.     "Net generating capacity" means the output of a generating facility delivered to the transmission and distribution utility system excluding any generation consumed by the generator for internal or on-site use.
Sec. 3. 35-A MRSA §3603, sub-§2, ¶¶A and B, as enacted by PL 2009, c. 329, Pt. A, §4, are amended to read:
 
A. The installednet generating capacity of a program participant may not exceed 10 megawatts.
 
B. The total installednet generating capacity of all program participants combined may not exceed 50 megawatts.
Sec. 4. Community-based renewable energy pilot program projects. Notwithstanding the Maine Revised Statutes, Title 35-A, section 3609, a community-based renewable energy project that has been certified by the Public Utilities Commission by December 31, 2015 as a program participant under the community-based renewable energy pilot program established in Title 35-A, section 3603 remains authorized to operate as a program participant as long as the program participant continues to take reasonable steps to develop and operate the project as determined by the commission.
 
SUMMARY
This bill allows biomass generators that are fueled by any type of anaerobic digestion, instead of anaerobic digestion of agricultural products, by-products and wastes only, as a new renewable capacity resource under the electricity generation supply source portfolio requirements.
The bill specifies that the basis to be used for determining capacity under the community-based renewable energy pilot program is net generating capacity, rather than installed generating capacity. It also provides that projects authorized and certified by the Public Utilities Commission before December 31, 2015 retain those approvals as long as the project continues to develop and operate.