An Act To Amend the Maine Wind Energy Act
Maine Legislature, Session 122, LD 1379
Senate Amendment SA_A_S365 (Senate)
Amends: 30-A MRSA §5223, 35-A MRSA §3210, 35-A MRSA §3402, 35-A MRSA §3404, 36 MRSA §1760, 36 MRSA §5219-Y

SENATE AMENDMENT .A" 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 swnmary and inserting in its place the 
following: 
. Sec. 1. 30-A MRSA §5223, sub-§3, as amended by PL 2003 , 
c . 
451, Pt. NNN, §1, is further amended by amending the last blocked 
paragraph to read: 
The condi tions in paragraphs A to D do not apply to approved 
downtown 
tax 
increment financing districts 
e~L tax 
increment 
financing districts included within Pine Tree Development Zones 
designated and 
approved 
under 
subchapter 
or 
tax 
increment 
financing districts that consist solely of a community wind power 
generator or generators certified pursuant to section 5219-Y, 
subsection 3. 
Sec. i. 35-A MRSA §3210, sub-§8 is enacted to read: 
8. Credit trading. 
The commission shall allow competitive 
electrici ty 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: 
Page l-LR1948(13) 
SENATE AMENDMENT 
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SENATE AMENDMENT ~, to S.P. 477, L.D. 1379 
§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 Bi~B all state and federal 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 community wind 
power generator 
projects. 
For the purposes of this section, 
"community wind 
power generator" means an electricity-generating facility at any 
one site with instantaneous generating nameplate capacity of not 
more than 10 megawatts that is powered entirely by wind energy. 
The Legislature also finds it is in the public interest to 
encourage 
wind 
energy research 
and 
the 
development 
of 
wind 
generation eguipment manufacturing facilities in the State. 
Sec. 4. 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 
the 
attraction 
of 
appropriately 
sited 
wind-energy-related development consistent with all state and 
federal 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. 36 MRSA §1760, sub-§§88 and 89 are enacted to read: 
88. 
Construction contracts with qualified community wind 
power 
generators. 
Beginning 
October 
1, 
2005, 
sales 
to 
a 
construction contractor of tangible personal property that is to 
be physically incorporated in, and become a permanent part of, 
real property that is owned by or for sale to 
a 
gualified 
communi ty wind power generator, as defined in section 52l9-Y, 
which real property will be used to generate electricity at the 
site of 
the 
community 
wind 
power 
generator. 
The 
exemption 
provided by this subsection is limited to sales occurring on or 
before December 31, 2010. 
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SENATE AMENDMENT ,A, to S.P. 477, L.D. 1379 
89. 
Sales 
of 
tangible 
personal 
property 
to gyalified 
community wind power generators. 
Beginning October 1, 
2005, 
sales of tangible personal property to a gualified community wind 
power generator, as defined in section 5219-Y, for use directly 
and primarily in the generation of electricity by that community 
wind power generator. 
The exemption provided by this subsection 
is limited -for each gualified 
community wind power generator to 
sales occurring on or before 
December 31. 2010. 
Sec. 6. 36 MRSA §5219-Y is enacted to read: 
§5219-Y. 
Community wind power generator credit 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Commissioner" means the Commissioner of Economic and 
Community Development. 
B. 
"Community 
wind 
power 
generator" 
means 
an 
electricity-generating facility at anyone site with an 
instantaneous generating nameplate capacity of not more than 
megawatts that is powered entirely by wind energy. 
2. 
Credit. 
An entity that is a gualified community wind 
power generator is allowed a credit in the amount of 100% of the 
tax that would otherwise be due under this Part for each of the 
taxable years that the entity is reguired to file a 
return 
pursuant 
to 
this 
Part beginning after 
the entity 
commences 
operation 
as 
a 
community 
wind 
power 
generator. 
The 
credit 
authorized under this section is limited to 10 consecutive years 
following commencement of operation as a 
community wind power 
generator. 
3. 
Qualification. 
The credit available under this section 
is available 
only to 
those 
community 
wind 
power 
generators 
gualified as such by the commissioner prior to January L 
2010. 
The commissioner may certify any legal entity as a community wind 
power 
generator 
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 benefits under this section and section 1760, subsections 88 
and 89. 
SENATE AMENDMENT 
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SENATE AMENDMENT ,~, to S.P. 477, L.D. 1379 
Sec. 7. Improved permitting guidance. 
In order to ensure an 
adequate, secure and reliable supply of electricity for 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 March 1, 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. 
This section may not be construed to affect any 
municipal permitting process. 
Sec. 8. 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 March 1, 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 l22nd Legislature concerning wind energy. 
Sec. 9. 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. 10. Public Utilities Commission; rulemaking. 
By March 1, 
2006, the Public Utilities Commission shall adopt rules allowing 
credit 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. 
11. 
Community 
wind; 
Public 
Utilities 
Commission 
examination. 
The Public Utilities Commission, 
in consultation 
with the Director of Energy Independence and Security in the 
State Planning Office, shall undertake an examination of the type 
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SENATE AMENDMENT .~ to S.P. 477, L.D. 1379 
of electricity generation commonly 
referred to 
as 
"community 
wind." 
The commission shall: 
1. Survey and gather information from appropriate agencies 
and experts with respect to community wind, including, but not 
limited to, its feasibility, impediments to its development and 
the 
need 
for 
and 
options 
for 
providing 
incentives 
for 
its 
development; 
2. 
Determine what measures, if any, are required to address 
any impediments to the attraction and development of community 
wind projects in the State; 
3. 
Develop recommendations for any appropriate changes to 
laws 
or 
rules 
or 
for 
the 
establishment 
of 
any 
financial 
incentives necessary to attract and develop appropriately sited 
community wind projects in the State that are consistent with 
high environmental standards; 
4. 
Provide a report of its findings and recommendations to 
the Joint Standing Committee on Utilities and Energy no later 
than January 13, 2006; and 
5. 
As part of its report, submit legislation by January 13, 
2006 to the Second Regular Session of the l22nd Legislature to 
provide a strategy to rapidly implement feasible community wind 
sites. 
Sec. 12. 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 
section, 
"communi ty 
wind 
power 
generator" 
means 
an 
electricity-generating 
facility 
at 
anyone 
site 
with 
instantaneous generating nameplate capacity of not more than 10 
megawatts 
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 explore 
combining cell phone 
towers 
and similar structures with wind 
power generating equipment and structures. 
The commission shall 
inventory existing resources in the State' s private and public 
sectors useful for these purposes. 
The commission shall provide 
SENATE AMENDMENT 
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SENATE AMENDMENT ·A· to S.P. 477, L.D. 1379 
a 
report of its findings 
and 
recommendations 
to 
the Joint 
Standing Committee on Utilities and Energy by January 13, 2006.' 
SUMMARY 
This 
amendment 
incorporates 
the 
provisions 
of 
Committee 
Amendment 
"B" 
as 
amended by 
House 
Amendment 
"A" 
and Senate 
Amendment "A" with the following changes. 
1. 
It 
removes 
the 
inclusion 
of 
community 
wind 
power 
generators 
as 
Pine Tree Development 
Zone entities but gives 
qualified community wind power generators similar tax credit 
benefits regarding sales tax and income tax as given to Pine Tree 
Development Zone entities. 
2. 
It clarifies 
adopted by the Board of 
the municipal permitting 
that 
the 
improved 
permitting process 
Environmental Protection does not affect 
process. 
3. 
It 
retains 
the 
original 
requirement 
of 
Committee 
Amendment "B" that the installed capacity of the community wind 
power generator project be 300 megawatts. 
4. 
It provides for a repeal of the sales tax exemption of 
December 31, 2010 and it limits availability of the income tax 
credits to 
consecutive years after 
a 
certified generator 
begins 
operation. 
An 
entity 
may 
be 
certified 
only if it 
qualifies prior to January 1, 2010. 
SPONSORED BY, P~)~ 
(Senator BARTLETT) 
COUNTY: 
Cumberland 
F1SCAL KOTE REQUIRED 
(See Attached) 
SENATE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/09/05 ;tv"ac:. 
LD 1379 
LR 1948(13) 
An Act To Amend the Maine Wind Energy Act 
Fiscal Note for Senate Amendment "A 
Sponsor: Sen. Bartlett 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined revenue loss - 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 sales and income tax credits for community wind power 
generators. 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(13) - Fiscal Note - Page 1 of 1