‘Sec. 1. 35-A MRSA §3210, sub-§2, ¶B-3, as enacted by PL 2009, c. 542, §3, is amended to read:
(1) Whose total power production capacity does not exceed 100 megawatts and relies on one or more of the following:
(a) Fuel cells;
(b) Tidal power;
(c) Solar arrays and installations;
(d) Geothermal installations;
(e) Hydroelectric generators that meet all state and federal fish passage requirements applicable to the generator; or
(f) Biomass generators that are fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes; or
(2) That relies on wind power installations . ; or
(3) Whose total power production capacity exceeds 100 megawatts and that is subject to a contract entered into under section 3210-C, subsection 13, but only during the term of the contract and only that portion that is governed by the contract, as determined by the commission by rule pursuant to section 3210-C, subsection 13, and only if the source of electric generation relies on one or more of the following:
(a) Fuel cells;
(b) Tidal power;
(c) Solar arrays and installations;
(d) Geothermal installations;
(e) Hydroelectric generators that meet all state and federal fish passage requirements applicable to the generator; or
(f) Biomass generators that are fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes.
Sec. 2. 35-A MRSA §3210, sub-§2, ¶C, as amended by PL 2009, c. 542, §5, is further amended to read:
(1) That qualifies as a 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; or
(2) Whose total power production capacity does not exceed 100 megawatts and that relies on one or more of the following:
(a) Fuel cells;
(b) Tidal power;
(c) Solar arrays and installations;
(d) Wind power installations;
(e) Geothermal installations;
(f) Hydroelectric generators;
(g) Biomass generators that are fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes; or
(h) Generators fueled by municipal solid waste in conjunction with recycling . ; or
(3) Whose total power production capacity exceeds 100 megawatts and that is subject to a contract entered into under section 3210-C, subsection 13, but only during the term of the contract and only that portion that is governed by the contract, as determined by the commission by rule pursuant to section 3210-C, subsection 13, and only if the source of electric generation relies on one or more of the following:
(a) Fuel cells;
(b) Tidal power;
(c) Solar arrays and installations;
(d) Wind power installations;
(e) Geothermal installations;
(f) Hydroelectric generators;
(g) Biomass generators that are fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes; or
(h) Generators fueled by municipal solid waste in conjunction with recycling.
Sec. 3. 35-A MRSA §3210-C, sub-§3, ¶C, as amended by PL 2011, c. 273, §1 and affected by §3 and amended by c. 413, §2, is repealed and the following enacted in its place:
Sec. 4. 35-A MRSA §3210-C, sub-§13 is enacted to read:
(1) With renewable capacity resources, as defined in section 3210, subsection 2, paragraph B-3, that in aggregate exceed during the term of the contract 50% of the total statewide portfolio requirement established under section 3210, subsection 3-A; or
(2) With renewable resources, as defined in section 3210, subsection 2, paragraph C, subparagraph (3), that exceed during the terms of the contract 50% of the total statewide portfolio requirement established under section 3210, subsection 3.
The commission shall adopt rules implementing this subsection and defining when a source of electric generation that is subject to a contract entered into under this subsection qualifies as a renewable capacity resource under section 3210, subsection 2, paragraph B-3, subparagraph (3) or a renewable resource under section 3210, subsection 2, paragraph C, subparagraph (3). Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.’