(a)__Fuel cells;

(b)__Tidal power;

(c)__Solar arrays and installations;

(d)__Wind power;

(e)__Geothermal;

(f)__Biomass;

(g)__Landfill gas; or

(h)__Municipal solid waste in conjunction with recycling; or

(2)__Whose total power production capacity does not exceed 30 megawatts and that relies on hydroelectric generation.

Sec. 3. 35-A MRSA §3210, sub-§§3 and 4, as amended by PL 1999, c. 398, Pt. I, 3, is further amended to read:

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 in this State is accounted for by eligible renewable 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% eligible renewable 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 II-A 2-A.

4. Report. In view of property tax benefits, developments in other states and the development of a market for tradable credits for satisfying eligible resource renewable resources requirements, the commission shall review the 30% portfolio requirement and make a recommendation for any change to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters no later than 5 years after the beginning of retail competition.