Sec. 1. 35-A MRSA §3203, sub-§2, ¶D, as amended by PL 1999, c. 398, Pt. J, §1, is further amended to read:

D. Evidence of the ability to satisfy the renewable resource portfolio requirement established under section 3210 3210-A;

Sec. 2. 35-A MRSA §3210, as amended by PL 1999, c. 372, §§1 and 2 and c. 398, Pt. I, §§1 to 3, is repealed.

Sec. 3. 35-A MRSA §3210-A is enacted to read:

§3210-A.__Renewable resources

1.__Policy.__In order to ensure a secure, adequate and reliable supply of electricity for state residents and to maintain and increase the State's use of renewable and indigenous resources, it is the policy of this State to encourage the generation of electricity from renewable sources and to diversify electricity production on which residents of this State rely in a manner consistent with this section.

2.__Eligible renewable resource.__As used in this section, "eligible renewable resource" means an electrical generation facility that:

A.__Generates power in this State or generates power that is physically delivered to consumers in this State; and

B.__Does not exceed 100 megawatts in total generating capacity, unless otherwise indicated, and that relies on one or more of the following fuel sources:

(1)__Fuel cells that use hydrogen produced by electricity generated by a renewable fuel;

(2)__Tidal power;

(3)__Solar arrays and installations;

(4)__Wind power;

(5)__Geothermal energy;

(6)__Hydroelectricity with a capacity that does not exceed 30 megawatts;

(7)__Biomass;