| | Sec. 5. 35-A MRSA §3210, sub-§4, as amended by PL 1999, c. 398, Pt. I, | §3, is repealed. |
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| | Sec. 6. 35-A MRSA §3210, sub-§4-A is enacted to read: |
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| | 4-A.__Alternative compliance payments; Renewable Power Fund. | A competitive electricity provider may satisfy any unmet Tier 1 | Requirement or Tier 2 Requirement by making alternative | compliance payments pursuant to this subsection.__The payment to | meet any unmet Tier 1 Requirement is calculated by multiplying | $25 by the number of unmet megawatt hours. The payment to meet | any unmet Tier 2 Requirement is calculated by multiplying $50 by | the number of unmet megawatt hours. |
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| There is established the Renewable Power Fund.__The fund is a | nonlapsing fund administered by the commission to support the | policies of this section.__All alternative compliance payments | must be deposited in the fund.__The commission shall disburse | money in the fund to tier 2 renewable resources in a manner that | supports the policies, goals and objectives of this section.__The | commission shall adopt rules governing the disbursement of money | from the fund. |
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| Rules adopted under this subsection are major substantive rules | pursuant to Title 5, chapter 375, subchapter 2-A. |
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| | Sec. 7. 35-A MRSA §3210, sub-§6, as enacted by PL 1999, c. 372, §2, is | amended to read: |
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| | 6. Renewable Resource Research and Development Fund. There | is established the Renewable Resource Research and Development | Fund, referred to in this subsection as the "fund." The fund is | a nonlapsing fund administered by the State Planning Office. All | funds collected by the commission pursuant to subsection 5 must | be deposited in the fund for distribution by the State Planning | Office in accordance with subsection 5. The State Planning | Office may seek and accept funding for the program established | pursuant to subsection 5 from other sources, public or private. | Any funds accepted for use in the program established pursuant to | subsection 5 must be deposited in the fund. |
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| | Sec. 8. 35-A MRSA §3212, sub-§4-A, as enacted by PL 2003, c. 665, §2, | is further amended to read: |
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| | 4-A. Renewables; hedging. The commission shall adopt rules | establishing standards and procedures for incorporating renewable | resources that are constructed after March 1, 2004 into standard- | offer service. The rules must provide for the incorporation of | such resources if the commission finds that the incorporation | will reduce the risk of price volatility, offer an |
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