§ 35-A §3210 — Renewable resources

1.
Policy.
In order to ensure an adequate and reliable supply of electricity for Maine residents and to encourage the use of renewable, clean, efficient and indigenous resources, it is the policy of this State to encourage the generation of electricity from renewable, clean and efficient sources and to diversify electricity production on which residents of this State rely in a manner consistent with this section.
1-A.
State goals for consumption of electricity from renewable resources.
The State's goals for increasing consumption of electricity in the State that comes from renewable resources are as follows:
2.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
3.
Portfolio requirements; Class II resources.
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 retail electricity sales in this State is accounted for by Class II resources. If a competitive electricity provider represents to a customer that the provider is selling to the customer a portfolio of supply sources that includes more than 30% Class II resources, the resources necessary to supply more than 30% of that customer's load may not be applied to meet the aggregate 30% portfolio requirement. Rules adopted under this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A.
3-A.
Portfolio requirements; Class I resources.
Portfolio requirements for Class I resources are governed by this subsection.
3-B.
Portfolio requirements; Class IA resources.
Portfolio requirements for Class IA resources are governed by this subsection.
3-C.
Portfolio requirements; thermal renewable energy credits.
Each competitive electricity provider must, in addition to meeting the other portfolio requirements of subsections 3, 3‑A and 3‑B, demonstrate in a manner satisfactory to the commission that it has purchased thermal renewable energy credits in an amount at least equal to the following percentages of its portfolio of supply sources for retail electricity sales in this State other than to customers who have made an election pursuant to subsection 10 that is in effect with respect to this subsection:
3-D.
Portfolio requirements; Class III resources.
Portfolio requirements for Class III resources are governed by this subsection.
4.
Report.
5.
Funding for research and development; community demonstration projects.
6.
Fund.
6-A.
Renewable Resource Fund report.
7.
Information.
To the extent that funding is available, the commission shall inform electricity consumers in this State of the benefits of electricity generated in this State using renewable and clean resources and of the opportunities available in this State to purchase electricity that is generated using those resources, including, but not limited to, the green power offer and other green power supply products and renewable energy credit and clean energy credit products certified under section 3212‑B. The commission may not promote any renewable or clean resources over others. The commission may apply for, receive and expend grant money from the United States Department of Energy and other government agencies for this purpose. The commission may create or cause to be created a brand or logo to identify Maine renewable and clean resources, including the green power offer and other green power supply products and renewable energy credit and clean energy credit products certified under section 3212‑B, to consumers. The commission shall register any mark or logo created pursuant to this subsection with the United States Patent and Trademark Office or in accordance with Title 10, chapter 301‑A, or both. Any brand or logo created pursuant to this subsection may only be used in accordance with the purposes of this subsection as approved by the commission.
8.
Credit trading.
The commission shall allow competitive electricity providers to satisfy the portfolio requirements of subsections 3, 3‑A, 3‑B, 3‑C and 3‑D through the use of renewable energy credits and clean energy credits if the commission determines that a reliable system of electrical attribute trading exists. When renewable energy credits are used to satisfy the portfolio requirements of subsections 3 and 3‑A, the value of a renewable energy credit for electricity generated by a community-based renewable energy project, as defined in section 3602, that is participating in the community-based renewable energy pilot program established in section 3603 and elects the renewable energy credit multiplier under section 3605 is 150% of the amount of the electricity.
9.
Alternative compliance payment.
The commission shall allow competitive electricity providers to satisfy the portfolio requirements for Class I resources under subsection 3‑A, Class IA resources under subsection 3‑B, thermal renewable energy credits under subsection 3‑C, Class II resources under subsection 3 and Class III resources under subsection 3‑D through an alternative compliance payment mechanism in accordance with this subsection.
10.
Transmission or subtransmission customer options.
A customer receiving service at a transmission or subtransmission voltage level, referred to in this subsection as "a large customer," may make an election under this subsection relating to Class IA resources portfolio requirements under subsection 3‑B, the thermal renewable energy credit requirements under subsection 3‑C and the costs and benefits resulting from Class IA resource contracts under section 3210‑G. The election must be made no later than December 31, 2019. If a large customer makes an election under this paragraph, the following provisions apply.
11.
Report; renewable energy credit portfolio requirements.
By March 31, 2024 and every 3 years thereafter, the Governor's Energy Office shall submit a report to the joint standing committee of the Legislature having jurisdiction over energy matters based on a review, conducted in consultation with the commission, of the status and impacts of the implementation of the portfolio requirements under subsections 3, 3‑A, 3‑B, 3‑C and 3‑D. The review must be completed through a public process and must include consideration of impacts of these renewable portfolio requirements on energy prices and assessment of benefits, including, but not limited to, on greenhouse gas emissions and the economy of the State. After reviewing the report required under this subsection, the committee may report out legislation regarding renewable portfolio requirements.
12.
Standard-offer service provider.

Legislative History

PL 1997, c. 316, §3 (NEW). PL 1999, c. 372, §§1,2 (AMD). PL 1999, c. 398, §§I1-3 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2003, c. 665, §1 (AMD). PL 2005, c. 646, §2 (AMD). RR 2007, c. 2, §20 (COR). PL 2007, c. 18, §§1-3 (AMD). PL 2007, c. 403, §§1-7 (AMD). PL 2007, c. 644, §§1-3 (AMD). PL 2009, c. 329, Pt. A, §2 (AMD). PL 2009, c. 329, Pt. B, §1 (AMD). PL 2009, c. 372, Pt. K, §§1-3 (AMD). PL 2009, c. 372, Pt. K, §5 (AFF). PL 2009, c. 415, Pt. E, §2 (AFF). PL 2009, c. 542, §§1-5 (AMD). PL 2009, c. 565, §§1-4 (AMD). PL 2009, c. 565, §9 (AFF). PL 2011, c. 283, §1 (AMD). PL 2011, c. 314, §1 (AMD). PL 2011, c. 413, §1 (AMD). PL 2011, c. 637, §1 (AMD). PL 2015, c. 220, §1 (AMD). PL 2017, c. 291, §1 (AMD). PL 2019, c. 477, §1 (AMD). PL 2019, c. 576, §1 (AMD). PL 2021, c. 199, §1 (AMD). PL 2023, c. 306, §1 (AMD). PL 2023, c. 321, §§1, 2 (AMD). PL 2023, c. 361, §§1, 2 (AMD). PL 2025, c. 386, §§1-12 (AMD). PL 2025, c. 392, §2 (AMD).