65- 407 C.M.R. ch. 325, § 4

Current through 2024-25, June 19, 2024
Section 407-325-4 - PILOT PROGRAM ELIGIBILITY
A.Criteria. To be eligible to participate in the pilot program, a generating project must satisfy the criteria in this subsection.
1.Community-Based. The project must be a community-based renewable energy project as defined in section 2 of this Chapter.
2.Local Support. The project must have local support as specified below.
a.Municipality. A resolution of support passed by the municipal legislative body or municipal officers acting to state an official position of the municipality, as appropriate, of the municipality in which the community-based renewable energy project is proposed to be located, except that any project that is proposed to be located wholly in an unorganized or deorganized area of the State or that has a generating capacity of less than 100 kilowatts is exempt from this requirement.
b.Tribal land. A documentation of tribe support for a project proposed to be located on the tribal land or territory of a federally recognized Indian tribe in Maine, including any land owned by the tribe or held in trust by the United States for the tribe.
3.Interconnection. The project must be interconnected to Maine's electric grid.
4.In-Service. The project must have an in-service date after September 1, 2009.
B.Commission Certification. To be eligible to participate in the pilot program, a generating project must be certified by the Commission as a community-based renewable energy project.
1.Process. An owner or developer of a generating project may seek Commission certification through the submission of a petition for certification as a community-based renewable energy project. The Commission shall by order either certify the generation project as a community-based renewable energy project or state the reasons for the denial of the certification within 90 days of the submission of a complete application, unless the Commission determines that additional time is required.
2.Petition. The petition for certification as a community-based renewable energy project must include the following information:
a. Name, address, phone number and e-mail address of petitioner;
b. Location or proposed location of the project;
c. Description of the community-based renewable energy project; including fuel type, nameplate capacity, interconnection point, and initial or expected in-service date;
d. A list of the names and addresses of all owners of the project, percentage ownership of each owners, and documentation as to whether owners are qualifying local owners as defined in section 2 of this Chapter;
e. Documentation of a resolution of support passed by the municipal legislative body or municipal officers, as appropriate, of the municipality in which the community-based renewable energy project is proposed to be located, if required by section 4(A)(2);
f. Documentation of tribal support if required by section 4(A)(2);
g. Documentation of applicant control over the proposed facility site;
h. Documentation of financial capability to develop the community-based renewable energy project;
i. Documentation of technical capability and experience to develop the community-based renewable energy project;
j. Demonstration that the community-based renewable energy project is reasonable likely to be in-service within three years of certification;
k. The program incentive that the project anticipates choosing pursuant to section 5 of this Chapter; and
l. Any other information that the Commission determines to be necessary or useful.
3.Finding. The Commission may certify a project only upon a finding that the project satisfies the eligibility requirements of this section and is reasonably likely to be in-service within three years of certification.
4.Termination. Commission certification of a generating project as a community-based renewable energy project shall terminate if the generating project is not in-service within three years of certification.

65- 407 C.M.R. ch. 325, § 4