An Act To Amend the Maine Wind Energy Act
Maine Legislature, Session 122, LD 1379
Committee: Utilities and Energy
Sponsors: STRIMLING, FLETCHER, BARTLETT, COWGER, DAMON, BLISS
Amends: 30-A MRSA §5250-Q, 35-A MRSA §3210, 35-A MRSA §3211-A, 35-A MRSA §3402, 35-A MRSA §3404, 38 MRSA §341-D

Legislative Document 
No. 1379 
S.P.477 
In Senate, March 17, 2005 
An Act To Amend the Maine Wind Energy Act 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator STRIMLING of Cumberland. 
Cosponsored by Representative FLETCHER of Winslow and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BARTLETT of Cumberland, COWGER of Kennebec, DAMON of Hancock, 
Representative: BLISS of South Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA c. 110, sub-c. 12 is enacted to read: 
SUBCHAPTER 12 
WIND ENERGY PROJECTS 
§1100-Z. 
Financing of wind energy projects and manufacturing 
of wind energy equipment 
If 
the 
authority 
and 
the 
Public 
Utilities 
Commission 
determine it is in the public interest, the authority and the 
commission shall develop a program to increase the capitalization 
of the authority for the purpose of assisting in the financing of 
wind energy projects 
and the 
commission may 
transfer 
up 
to 
$2,QQQ,QQQ 
per 
year 
from 
the 
conservation 
program 
fund, 
as 
authorized by Title 35-A, section 3211-A, subsection 5-B to the 
authority for this purpose for up to 10 years from the effective 
date of this section. 
Sec. 2. 30-A MRSA §5250-Q is enacted to read: 
§5250-=<l. 
Wind power generators 
Notwithstanding any other provlslon of this subchapter, the 
commissioner 
may certify a 
business that does 
not otherwise 
gualify as a gualified Pine Tree Development Zone business or 
that does not locate in a Pine Tree Development Zone as gualified 
to 
receive 
Pine 
Tree 
Development 
Zone 
benefits 
if 
the 
commissioner determines that such certification would support 
construction 
by 
that 
business 
of 
a 
wind-powered 
electric 
generation facility in this State. 
The business must demonstrate 
to the commissioner that the construction of the facility would 
not be likely to occur absent the availability of the Pine Tree 
Development Zone benefits. 
Sec. 3. 35-A MRSA §3210, sub-§8 is enacted to read: 
8. 
Credit trading. 
The commission shall allow competitive 
electricity providers to satisfy the portfolio requirements of 
this Title through renewable energy credits if the commission 
determines 
that 
a 
reliable 
system 
of 
electricity attribute 
trading exists. 
Sec. 4. 35-A MRSA §3211-A, sub-§5, as enacted by PL 2001, c. 
624, §4, is amended to read: 
5. 
Conservation 
program 
fund. 
The 
commission 
shall 
establish a 
conservation program fund to be 
used solely for 
conservation programs and wind energy projects as specified in 
subsection 5-B. 
A. 
The commission shall deposit all assessments collected 
pursuant to this section, other than funds deposited in the 
administration fund, into the program fund. 
B. 
Any interest earned on funds in the program fund must be 
credited to the program fund. 
C. 
Funds not spent in any fiscal year remain in the program 
fund to be used for conservation programs and wind energy 
projects as specified in subsection 5-B. 
D. 
The commission may apply for and receive grants from 
state, 
federal 
and 
private 
sources 
for 
deposit 
in 
the 
program fund and also may deposit in the program fund any 
grants or other funds received by or from any entity with 
which the commission has an agreement or contract pursuant 
to this section if the commission determines that receipt of 
those funds would be consistent with the purposes of this 
section. 
If the commission receives any funds pursuant to 
this paragraph, it shall establish a separate account within 
the program fund to receive the funds and shall keep those 
funds and any interest earned on those funds segregated from 
other funds in the program fund. 
Sec. 5. 35-A MRSA §3211-A. sub-§5-B is enacted to read: 
5-B. 
Supp9rt for wind energy projects. 
Notwithstanding any 
other provision of this section, the commission may provide up to 
.$2,000,000 per year to the Finance Authority of Maine for use 
pursuant to Title 10, section 1100-2. 
Sec. 6. 35-A MRSA §3402. as enacted by PL 2003, c. 665, §3, 
is amended to read: 
§3402. Legislative findings 
The Legislature finds that it is in the public interest to 
explore opportunities for and encourage the development, 
where 
appropriate, of wind energy production in the State in a manner 
that is consistent with high environmental standards and that 
achieves reliable, cost-effective, sustainable energy production 
on those sites in the State that will attract investment and 
permit 
the 
development 
of viable wind 
energy projects. 
The 
Legislature 
finds 
that 
the 
development 
of 
the 
wind 
energy 
potential in the State needs to be integrated into the existing 
energy supply and transmission systems in a 
way that achieves 
system reliability, total capital cost-effectiveness and optimum 
short-term 
and 
long-term 
benefits 
to 
Maine 
people. 
The 
Legislature finds it is in the public interest to encourage the 
construction and operation of wind energy generating facilities 
that produce 300 megawatts by 2010 and the development of wind 
energy research and generation eguipment manufacturing facilities 
in the State. 
The Legislature finds that enhancement of the 
transmission 
of 
electricity 
to 
southern 
Maine 
markets 
from 
northern 
and 
eastern 
Maine 
is 
essential 
to 
the 
efficient 
development of the State's wind energy resources 
and to the 
efficient connection of Aroostook County and Washington County 
with the electric grid of the rest of the United States. 
Sec. 7. 35-A MRSA §3404 is enacted to read: 
§3404. 
Determination of public policy 
It 
is 
the 
policy 
of 
the 
State 
that 
its 
political 
subdivisions, agencies and public officials take every reasonable 
action 
to 
encourage 
and 
expedite 
the 
attraction 
of 
wind energy related development; the permitting and financing of 
wind energy projects; and the siting, permitting, financing and 
construction of wind energy research and manufacturing facilities. 
Sec. 8. 38 MRSA §341-D. sub-§l-C is enacted to read: 
C. 
Streamlined permitting for certain projects. 
In order 
to ensure an adeguate, secure and reliable supply of electricity 
for residents of the State, to encourage economic development 
opportunities in this State, to reduce greenhouse gas emissions 
from the State's electricity supply portfolio and to maintain and 
increase 
the 
use 
of 
a 
renewable, 
efficient 
and 
indigenous 
resource, the board shall: 
A. 
Adopt rules that streamline the process for the review 
and 
permitting 
of 
any 
wind powered 
electric 
generation 
facility of not more than 100 megawatts. 
The streamlined 
process must involve any reviews reguired to be conducted or 
permits or licenses reguired to be issued for such a project 
by the board or the department. 
Notwithstanding any other 
provision of this Title, the rules may shorten or otherwise 
streamline the process but may not result in a weakening of 
any 
substantive 
standard or 
reguirement. 
Rules 
adopted 
pursuant to this paragraph are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-11.; 
B. 
Adopt rules that deal 
on 
a 
general basis with the 
evaluation of issues that arise in the permitting of wind 
energy 
facilities, 
including 
turbine 
and 
blade 
safety, 
effect on birds and other wildlife, public safety, aesthetic 
effects and other pertinent issues. 
These rules must be 
" 
designed 
to 
narrow 
the 
regulatory 
focus 
to 
important 
information, 
improve and speed consideration and decision 
making 
and 
allow 
easier 
determination 
of 
permitting 
projects. 
Rules 
adopted pursuant to this paragraph are 
major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-Ai and 
C. 
Following 
consultation 
with 
the 
Maine 
Land 
Use 
Regulation Commission, determine by rule the general areas 
in this State that may have wind resources sufficient for 
viable 
wind 
energy 
projects 
and 
that, 
by 
their 
characteristics, are preferred for the siting of wind energy 
projects. 
Each area must be at least 50,000 acres in total 
area. 
Rules adopted pursuant to this paragraph are major 
substantive 
rules 
as 
defined 
in Title 
5, 
chapter 
375, 
subchapter 2-A. 
Sec. 9. 
Assistance of financing of wind energy projects. 
The 
Finance 
Authority 
of 
Maine 
shall, 
within 
months 
of 
the 
effective date of this Act, 
in consultation with the Public 
Utilities Commission, determine the most effective ways to use 
the powers of the authority to assist in financing wind energy 
projects. 
Sec. 10. 
Rulemaking regarding credit trading. 
The 
Public 
Utilities Commission, not later than March 1, 2006, shall adopt 
rules allowing energy credit trading as specified in the Maine 
Revised Statutes, Title 35-A, section 3210, subsection 8. 
Rules 
adopted pursuant to this section are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 11. Rulemaking regarding streamlined permitting and siting. 
The 
Department 
of 
Environmental 
Protection, 
Board 
of 
Environmental Protection shall adopt major substantive rules as 
defined in the Maine Revised Statutes, Title 5, 
chapter 375, 
subchapter 2-A to carry out the objectives of Title 38, section 
34l-D, subsection l-C, paragraphs A, Band C. 
The board shall 
submit rules made pursuant to this section to the Legislature for 
its review no later than January 15, 2006. 
SUMMARY 
This bill creates a comprehensive statutory scheme for the 
encouragement of the development of properly sited and designed 
wind energy projects in Maine. 
The bill declares that wind 
energy development and wind energy equipment manufacturing in the 
State is in the public interest and that it is state policy to 
improve the permitting and financing of wind energy projects and 
to enhance electricity transmission in northern and eastern Maine 
to allow the transmission of wind energy to New England markets. 
The bill provides for streamlined permitting, the use of general 
rules to minimize litigation and the designation by the State of 
preferred areas for viable wind development. 
The bill allows the 
State to provide the benefits of Pine Tree Development 
Zone 
eligibility to wind energy projects. 
The bill allows the Finance 
Authority 
of 
Maine 
and 
the 
Public Utilities 
Commission 
to 
establish programs to aid in wind energy development, including 
the use of funds from conservation programs, and to increase the 
financial capacity of the Finance Authority of Maine programs.