(3) Is a biomass generator that:

(a) Uses as feedstock only biomass harvested using sustainable forest management practices certified by an independent 3rd-party audit in accordance with rules adopted by the commission.__The commission shall consult with the Department of Conservation, Maine Forest Service in adopting these rules; and

(b) Meets emission standards established by the commission by rule in consultation with the Department of Environmental Protection.__Emission standards established by the commission shall, to the extent possible, be equivalent to standards established for similar generators in Massachusetts.

Rules adopted under this subparagraph are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 4. 35-A MRSA §3210, sub-§3, 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 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 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.: