| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 35-A MRSA §3210, sub-§§2 and 3, as enacted by PL 1997, c. 316, | §3, are amended to read: |
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| | 2. Definition. As used in this section, the term "renewable | resource" means a source of electrical generation that generates | power that can physically be 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 retail customers in this State and that: |
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| A. Qualifies as a qualifying small power production | facility under the Federal Energy Regulatory Commission | rules, 18 Code of Federal Regulations, Part 292, Subpart B, | as in effect on January 1, 1997; |
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| B. Qualifies as a qualifying cogeneration facility under | the Federal Energy Regulatory Commission rules, 18 Code of | Federal Regulations, Part 292, Subpart B, as in effect on | January 1, 1997 and was constructed prior to January 1, | 1997; or |
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| C. Whose total power production capacity does not exceed | 100 megawatts and that relies on one or more of the | following: |
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| (3) Solar arrays and installations; |
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| (4) Wind power installations; |
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| (5) Geothermal installations; |
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| (6) Hydroelectric generators; |
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| (7) Biomass generators; or |
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| (8) Generators fueled by municipal solid waste in | conjunction with recycling. |
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| | 3. Portfolio requirements. 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 kilowatt-hours sales to |
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