An Act To Amend the Maine Wind Energy Act
Maine Legislature, Session 122, LD 1379
Committee Amendment CA_B_S284 (Senate)

COMMITTEE AMENDMENT 8" to S.P. 477, L.D. 1379, Bill, "An 
Act To Amend the Maine Wind Energy Act" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 30·A MRSA §5250·Q is enacted to read: 
§S2S0-0. 
Community wind power generators 
Notwithstanding any other provision of this subchapter, the 
commissioner may certify any legal entity that does not otherwise 
qualify as a qualified Pine Tree Development Zone business or 
that does not locate in a Pine Tree Development Zone as qualified 
to 
receive 
Pine 
Tree 
Development 
Zone 
benefits 
if 
the 
commissioner determines 
that such certification would support 
construction of a community wind power generator in this State by 
that entity and the entity will own title or controlling interest 
in 
that 
generator. 
The 
entity 
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. 
For the purposes of this section, 
"community wind power generator" means an electricity-generatin...9 
facility at anyone site with instantaneous generating nameplate 
capacity of not more than 10 megawatts 
and that is powered 
entirely by wind energy. 
Sec. 2. 35·A MRSA §3210, sub-§8 is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·B· to S.P. 477, L.D. 1379 
8. Credit trading. 
The commission shall allow competitive 
electricity providers to satisfy the portfolio requirements of 
subsection 3 through the use of renewable energy credits if the 
commission 
determines 
that 
a 
reliable 
system 
of 
electrical 
attribute trading exists. 
Sec. 3. 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, 
including community wind power generator projects, up to a total 
installed capacity in the State of 300 megawatts by 2010. 
For 
the purposes of this section, "community wind power generator" 
means an electricity-generating facility at anyone site with 
instantaneous generating nameplate capacity of not more than 10 
megawatts and that is powered 
ent~rely by wind energy. 
The 
Legislature also finds it is in the public interest to encourage 
the development of wind energy research and generation equipment 
manufacturing facilities in the State. 
Sec. 4. 35·A MRSA §3404 is enacted to read: 
§3404. 
Detenmination of public policy 
It 
is 
the 
policy 
of 
the 
State 
that 
its 
political 
subdivisions, agencies and public officials take every reasonable 
action 
to 
encourage 
the 
attraction 
of 
appropriately 
sited 
wind-energy-related 
development 
consistent 
with 
high 
environmental standards; the permitting and financing of wind 
energy 
projects; 
and 
the 
siting, 
permitting, 
financing 
and 
construction of wind energy research and manufacturing facilities. 
Sec. 5. Improved permitting guidance. 
adequate, 
secure 
and 
reliable 
supply 
In order to ensure an 
of 
electricity 
for 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 3 .. to S.P. 477, L.D. 1379 
residents 
of 
the 
State, 
to 
encourage 
economic 
development 
opportunities in the State, to reduce greenhouse gas emissions 
from the State's electricity supply and to maintain and increase 
the use of renewable, efficient and indigenous resources, the 
Board of Environmental Protection, by January 15, 
2006, shall 
adopt rules or other legally enforceable standards 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. 
The 
rules or 
standards must be designed to narrow the regulatory focus to 
important 
information, 
improve 
and 
speed 
consideration 
and 
decision making and allow easier determination in permitting 
projects. 
Rules adopted pursuant to this section are routine 
technical rules as defined in the Maine Revised Statutes, Title 
5, chapter 375, subchapter 2-A. 
Sec. 6. Environmental siting guidelines for wind energy projects; 
authority to report legislation. 
The 
Department 
of Environmental 
Protection and the Maine Land Use Regulation Commission shall, no 
later than January 13, 
2006, 
provide a report to the Joint 
Standing Committee on Utilities and Energy on the agencies' wind 
energy project siting guidelines, including procedures used when 
wind energy projects are located within the jurisdiction of both 
agencies. 
The report must include an analysis of whether the 
guidelines are effective in fulfilling the policies established 
in this Act. 
The Joint Standing Committee on Utilities and 
Energy may report out legislation to the Second Regular Session 
of the 122nd Legislature concerning wind energy. 
Sec. 7. Public Utilities Commission assistance in financing wind 
energy 
projects. 
By 
March 
1, 
2006, 
the 
Public 
Utilities 
Commission shall determine 
the 
most effective 
ways 
for 
the 
commission to assist in the financing of wind energy projects. 
Sec. 8. Public Utilities Commission; rulemaking. 
By March 1, 
2006, the Public Utilities Commission shall adopt rules allowing 
credi t 
trading in accordance with the Maine Revised Statutes, 
Title 35-A, section 3210, subsection 8. 
Rules adopted pursuant 
to this section are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A. 
Sec. 9. Community wind; Public Utilities Commission study. 
The 
Public Utilities Commission, in consultation with the Department 
of Environmental Protection and the Finance Authority of Maine, 
shall 
develop 
recommendations 
for 
creating 
incentives 
to 
facilitate the development of community wind 
power generator 
projects, including those projects that might be developed by 
municipalities and nonprofit entities. 
For the purposes of this 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~, to S.P. 477, L.D. 1379 
section, 
"community 
wind 
power 
generator" 
means 
an 
electricity-generating 
facility 
at 
anyone 
site 
with 
instantaneous generating nameplate capacity of not more than 10 
megawatts 
and that is powered entirely by wind energy. 
The 
commission shall consider ways of educating the community of 
potential 
community wind power generator site owners 
on the 
development process, ways of facilitating the initial funding of 
wind resource assessment at potential sites and ways of educating 
the lending and financial communities on the assessment of risk 
in wind energy project financing. 
The commission shall inventory 
existing resources in the State's private and public sectors 
useful for these purposes. 
The commission shall provide a report 
of its 
findings 
and 
recommendations 
to 
the 
Joint 
Standing 
Committee on Utilities and Energy by January 13, 2006.' 
SUMMARY 
This amendment, which is the minority report of the Joint 
Standing Committee on Utilities and Energy, replaces the bill. 
The amendment: 
1. 
Authorizes the granting of Pine Tree Development Zone 
benefits to an entity if granting such benefits would support 
construction in the State by that entity of a community wind 
power generator with a capacity of no more than 10 megawatts; 
2. 
Directs the Public Utili ties Commission to adopt rules 
allowing the use of renewable energy credits to satisfy the 
resource portfolio requirements of the Maine Revised Statutes, 
Title 35-A, section 3210; 
3. 
Requires 
the 
Public 
Utilities 
Commission, 
in 
consultation with the Department of Environmental Protection and 
the Finance Authority of Maine, to develop recommendations on 
ways of promoting community wind power generator projects of up 
to 10 megawatts; 
4. 
public 
2010 of 
but not 
Establishes legislative findings that it is in the 
interest to encourage the construction in the State by 
up to 300 megawatts of wind energy capacity, including 
limited to community wind power generator capacity; 
5. 
Establishes 
as 
the 
policy 
of 
the 
State 
that its 
political subdivisions, agencies and public officials take every 
reasonable action to encourage the attraction of appropriately 
sited 
wind-energy-related 
development 
consistent 
with 
high 
environmental standards; the permitting and financing of wind 
energy 
projects; 
and 
the 
siting, 
permitting, 
financing 
and 
construction of wind energy research and manufacturing facilities; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~. to S.P. 477, L.D. 1379 
6. 
Requires the Board of Environmental Protection to adopt 
by January 15, 
2006 rules that deal on a general basis with 
issues that arise in the permitting of wind energy facilities of 
any size; 
7. 
Directs the Public Utilities Commission to determine the 
most effective ways for the commission to assist in the financing 
of wind energy projects; and 
8. 
Directs the Department of Environmental Protection and 
the Maine Land Use Regulation Commission to provide a report to 
the Joint Standing Committee on Utilities and Energy on the 
agencies' 
siting guidelines 
and 
authorizes 
the 
committee 
to 
report out legislation on wind energy to the Second Regular 
Session of the 122nd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05127/05 frac. 
LD 1379 
LR 1948(03) 
An Act To Amend the Maine Wind Energy Act 
Fiscal Note for Bill as Amended by Committee Amendment ,B 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Undetermined current biennium revenue decrease - General Fund 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
This bill may reduce General Fund revenue as a result of expanding the projects eligible for Pine Tree Zone benefits. 
The exact amount by fiscal year can not be estimated at this time. The additional costs associated with this legislation 
can be absorbed by the Public Utilities Commission, the Department of Environmental Protection, the Finance 
Authority of Maine and the Department of Economic and Community Development utilizing existing budgeted 
resources. 
LR1948(3) - Fiscal Note - Page 1 of 1