65- 407 C.M.R. ch. 325, § 2

Current through 2024-25, June 19, 2024

Section 407-325-2 - DEFINITIONS

A.Community-Based Renewable Energy Project. "Community-based renewable energy project" means a locally owned electricity generating facility that generates electricity from an eligible renewable resource.

B.Consumer-Owned Transmission and Distribution Utility. "Consumer-owned transmission and distribution utility" has the same meaning as specified in Title 35-A, section 3201(6).

C.Eligible Renewable Resource. "Eligible renewable resource" means a renewable resource as defined in Title 35-A, section 3210, subsection 2, paragraph C, except that "eligible renewable resource" does not include a generator fueled by municipal solid waste in conjunction with recycling and does include a generator fueled by landfill gas. "Eligible renewable resource" includes a biomass generator whose fuel includes anaerobic digestion of agricultural products, byproducts or wastes.

D.Financial Transaction. "Financial transaction" means a contractual arrangement between a program participant and a transmission and distribution utility in which money is exchanged among the contracting parties, rather than a physical delivery of the capacity and energy commodity, and which results in the same or similar financial consequences as a physical transaction.

E.Installed Generating Capacity. "Installed generating capacity" means the nameplate capacity of a community-based renewable energy project that is under a contract with a transmission and distribution utility pursuant to section 6 of this Chapter or is obtaining a renewable energy credit multiplier pursuant to section 7 of this Chapter.

F.Investor-Owned Transmission and Distribution Utility. "Investor-owned transmission and distribution utility means either a large investor-owned transmission and distribution utility as specified in Title 35-A, section 3201(12) or a small investor-owned transmission and distribution utility as specified in Title 35-A, section 3201(16).

G.ISO-NE. "ISO-NE" means the Independent System Operator of the New England bulk power system or successor organization.

H.Locally Owned Electricity Generating Facility. "Locally owned electricity generating facility" means an electricity generating facility at least 51% of which is owned by one or more qualifying local owners.

I.NMISA. "NMISA" means the Northern Maine Independent System Administrator or successor organization.

J.Program Participant. "Program participant" means a community-based renewable energy project that is participating in the community-based renewable energy pilot program established in Title 35-A, section 3603.

K.Qualifying Local Owner. "Qualifying local owner" means a person or entity that is:

1. An individual who is a resident of the State;

2. A political subdivision of the State, including, but not limited to, a county, municipality, quasi-municipal corporation or district as defined in Title 30-A, section 2351, school administrative unit as defined in Title 20-A, section 1, public or private institution of higher education, regional council of governments or any other local or regional governmental organization, including, but not limited to, a board, commission or association;

3. A department, agency or instrumentality of the State;

4. A federally recognized Indian tribe located in the State;

5. A nonprofit corporation, organized under the laws of the State, including a unit owners association organized under Title 33, section 1603-101; or

6. A business corporation, organized under the laws of the State, at least 51% of which is owned by one or more residents of the State.

L.Renewable Energy Credit. "Renewable energy credit" means an electronic record produced by the NEPOOL Generation Information System that represents attributes of electric power and that may be traded separately from the energy commodity.

65- 407 C.M.R. ch. 325, § 2