An Act To Implement Recommendations of the Governor's Task Force on Wind Power Development
Maine Legislature, Session 123, LD 2283
Committee Amendment CA_A_S581 (Senate)
Amends: 30-A MRSA §4452

COMMITTEE AMENDMENT" A " to S.P. 908, L.D. 2283, Bill, "An Act To 
Implement Recommendations of the Governor's Task Force on Wind Power 
Development" 
Amend the bill in the emergency preamble in the 2nd paragraph in the first line (page 
1, line 3 in L.D.) by striking out the following: "can" and inserting the following: 'may' 
Amend the bill in the emergency preamble by inserting after the 5th paragraph the 
following: 
'Whereas, the State's interest in the development of wind energy resources must be 
balanced with the interests of Maine ratepayers; and' 
Amend the bill in Part A by inserting before section 1 the following: 
'Sec. A-I. 30-A MRSA §4452, sub-§5, ~S, as amended by PL 2007, c. 112, §5, 
is further amended to read: 
S. 
Local ordinances and ordinance provisions regarding storm water, including, but 
not limited to, ordinances and ordinance provisions regulating nonstorm water 
discharges, construction site runoff and postconstruction storm water management, 
enacted as required by the federal Clean Water Act and federal regulations and by 
state permits and rules; aRd 
Sec. A-2. 30-A MRS A §4452, sub-§5,~, as enacted by PL 2007, c. 112, §6, is 
amended to read: 
T. Laws pertaining to limitations on construction and excavation near burial sites and 
established cemeteries in Title 13, section 1371-A and local ordinances and 
regulations adopted by municipalities in accordance with this section and section 
3001 regarding those limitations~; and 
Sec. A-3. 30-A MRSA §4452, sub-§5, ~ 
is enacted to read: 
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COMMITTEE AMENDMENT "A" to S.P. 908, L.D. 2283 
U. 
Standards under a wind energy development certification issued by the 
Department of Environmental Protection pursuant to Title 35-A, section 3456 if the 
municipality chooses to enforce those standards.' 
Amend the bi\l in Part A in section 1 in subsection 1 in paragraph B in the 3rd line 
(page 2, line 3 in L.D.) by striking out the following: "projects are" and inserting the 
following: 'development is' 
Amend the bi\l in Part A in section 2 by striking out all of subsection 2 (page 2, lines 
to 40 in L.D.) and inserting the following: 
'2. 
Need for modification of regulatory process for siting wind energy 
developments. 
The Legislature finds that it is in the public interest to reduce the 
potential for controversy regarding siting of grid-scale wind energy development by 
expediting development in places where it is most compatible with existing patterns of 
development and resource values when considered broadly at the landscape level. 
Accordingly, the Legislature finds that certain aspects of the State's regulatory process for 
determining the environmental acceptability of wind energy developments should be 
modified to encourage the siting of wind energy developments in these areas. Such 
changes include, but are not limited to: 
A. Making wind energy development a permitted use within certain parts of the 
State's unorganized and deorganized areas; 
B. Refining certain procedures of the Department of Environmental Protection and 
the Maine Land Use Regulation Commission; and 
C. Because the Legislature recognizes that wind turbines are potentially a highly 
visible feature ofthe landscape that wi\l have an impact on views, judging the effects 
of wind energy development on scenic character and existing uses related to scenic 
character based on whether the development significantly compromises views from a 
scenic resource of state or national significance such that the development has an 
unreasonable adverse effect on the scenic character or existing uses related to the 
scenic character of that resource. 
The Legislature further finds that, while wind energy may be developed at many sites 
with minimal site-specific environmental impacts, wind energy developments may have, 
in addition to their beneficial environmental effects and potential scenic impacts, specific 
adverse environmental effects that must be addressed in state permitting decisions 
pursuant to approval criteria tailored to address issues presented by wind energy 
development. Nothing in this section is meant to diminish the importance of addressing 
as appropriate site-specific impacts on natural values, including, but not limited to, 
wildlife, wildlife habitats and other ecological values. 
The Legislature further finds that development of the State's wind energy resources 
should be undertaken in a manner that ensures significant tangible benefits to the people 
of the State, including, but not limited to, residents of communities that host wind energy 
facilities; and that the State should seek to host a substantial amount of wind energy as 
part of a strategy to reduce greenhouse gas emissions and meet the goals established in 
the state climate action plan developed pursuant to Title 38, section 577.' 
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COMMITTEE AMENDMENT" A" to S.P. 908, L.D. 2283 
Amend the bill in Part A in section 4 in §3451 by striking out all of subsection 6 
(page 4, lines 10 to 13 in L.D.) and inserting the following: 
'6. Grid-scale wind energy development. "Grid-scale wind energy development" 
means a wind energy development that is of a size that would qualify as a development of 
state or regional significance that may substantially affect the environment as defined 
under Title 38, section 482, subsection 2, paragraph A or paragraph C.' 
Amend the bill in Part A in section 4 in §3451 by striking out all of subsection 9 
(page 4, lines 25 to 38 and page 5, lines 1 to 27 in L.D.) and inserting the following: 
'9. Scenic resource of state or national significance. "Scenic resource of state or 
national significance" means an area or place owned by the public or to which the public 
has a legal right of access that is: 
A. 
A nationaJ natural landmark, federally designated wilderness area or other 
comparable outstanding natural and cultural feature, such as the Orono Bog or 
Meddybemps Heath; 
B. 
A property listed on the National Register of Historic Places pursuant to the 
National Historic Preservation Act of 1966, as amended, including, but not limited to, 
the Rockland Breakwater Light and Fort Knox; 
C. A national or state park; 
D. A great pond that is: 
(1) One of the 66 great ponds located in the State's organized area identified as 
having outstanding or significant scenic quality in the "Maine's Finest Lakes" 
study published by the Executive Department, State Planning Office in October 
1989; or 
(2) One of the 280 great ponds in the State's unorganized or deorganized areas 
designated as outstanding or significant from a scenic perspective in the "Maine 
Wildlands Lakes Assessment" published by the Maine Land Use Regulation 
Commission in June 1987; 
E. A segment of a scenic river or stream identified as having unique or outstanding 
scenic attributes listed in Appendix G of the "Maine Rivers Study" published by the 
Department of Conservation in 1982; 
F. A scenic viewpoint located on state public reserved land or on a trail that is used 
exclusively for pedestrian use, such as the Appalachian Trail, that the Department of 
Conservation designates by rule adopted in accordance with section 3457; 
G. A scenic turnout constructed by the Department of Transportation pursuant to 
Title 23, section 954 on a public road that has been designated by the Commissioner 
of Transportation pursuant to Title 23, section 4206, subsection 1, paragraph G as a 
scenic highway; or 
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COMMITTEE AMENDMENT" A " to S.P. 908, L.D. 2283 
H. Scenic viewpoints located in the coastal area, as defined by Title 38, section 1802, 
subsection 1, that are ranked as having state or national significance in tenns of 
scenic quality in: 
(1) One of the scenic inventories prepared for and published by the Executive 
Department, State Planning Office: "Method for Coastal Scenic Landscape 
Assessment with Field Results for Kittery to Scarborough and Cape Elizabeth to 
South Thomaston," Dominie, et aI., October 1987; "Scenic Inventory Mainland 
Sites of Penobscot Bay," Dewan and Associates, et aI., August 1990; or "Scenic 
Inventory: Islesboro, Vinalhaven, North Haven and Associated Offshore Islands," 
Dewan and Associates, June 1992; or 
(2) A scenic inventory developed by or prepared for the Executive Department, 
State Planning Office in accordance with section 3457.' 
Amend the bill in Part A in section 4 in §3451 in subsection lOin the 2nd line (page 
5, line 29 in L.D.) by striking out the following: 
"improvement attributable to" and 
inserting the following: 'improvements attributable to the' 
Amend the bill in Part A in section 4 in §3452 in the first line (page 6, line 1 in L.D.) 
by striking out the following: "ans" and inserting the following: 'and' 
Amend the bill in Part A in section 4 in §3452 by striking out all of subsection 
(page 6, lines 2 to 12 in L.D.) and inserting the following: 
'1. 
Application of standard. 
In making findings regarding the effect of an 
expedited wind energy development on scenic character and existing uses related to 
scenic character pursuant to Title 12, section 685-B, subsection 4 or Title 38, section 484, 
subsection 3 or section 480-D, the primary siting authority shall detennine, in the manner 
provided in subsection 3, whether the development significantly compromises views from 
a scenic resource of state or national significance such that the development has an 
unreasonable adverse effect on the scenic character or existing uses related to scenic 
character of the scenic resource of state or national significance. Except as otherwise 
provided in subsection 2, detennination that a wind energy development 
fits 
hannoniously into the existing natural environment in terms of potential effects on scenic 
character and existing uses related to scenic character is not required for approval under 
either Title 12, section 685-B, subsection 4, paragraph C or Title 38, section 484, 
subsection 3.' 
Amend the bill in Part A in section 4 in §3452 in subsection 2 in the 2nd line (page 6, 
line 14 in L.D.) by inserting after the following: "development" the following: 'in tenns 
of potential effects' 
Amend the bill in Part A in section 4 in §3452 in subsection 3 in the 2nd line (page 6, 
line 25 in L.D.) by striking out the following: "project" and inserting the following: 
'development' 
Amend the bill in Part A in section 4 in §3452 in subsection 3 in paragraph 0 in the 
first line (page 6, line 32 in LD.) by striking out the following: "project" and inserting 
the following: 'expedited wind energy development's' 
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"to S.P. 908, L.D. 2283 
Amend the bill in Part A in section 4 in §3452 in subsection 3 in the blocked 
paragraph in the 4th line (page 7, line 4 in L.D.) by striking out the following: "values 
and existing uses related to scenic charcter" and inserting the following: 'character and 
existing uses related to scenic character' 
Amend the bill in Part A in section 4 in §3452 by striking out all of subsection 4 
(page 7, lines 9 to 25 in L.D.) and inserting the following: 
'4. 
Visual impact assessment; rebuttable presumption. 
An applicant for an 
expedited wind energy development shall provide the primary siting authority with a 
visual impact assessment of the development that addresses the evaluation criteria in 
subsection 3 if the primary siting authority determines such an assessment is necessary in 
accordance with subsection 3. There is a rebuttable presumption that a visual impact 
assessment is not required for those portions of the development's generating facilities 
that are located more than 3 miles, measured horizontally, from a scenic resource of state 
or national significance. 
The primary -siting authority may require a visual impact 
assessment for portions of the development's generating facilities located more than 3 
miles and up to 8 miles from a scenic resource of state or national significance if it finds 
there is substantial evidence that a visual impact assessment is needed to determine if 
there is the potential for significant adverse effects on the scenic resource of state or 
national significance. Information intended to rebut the presumption must be submitted 
to the primary siting authority by any interested person within 30 days of acceptance of 
the application as complete for processing. The primary siting authority shall determine if 
the presumption is rebutted based on a preponderance of evidence in the record.' 
Amend the bill in Part A in section 4 by striking out all of §3454 (page 8, lines 1 to 
in L.D.) and inserting the following: 
'§3454. Determination of tangible benefits 
In making findings pursuant to Title 12, section 685-B, subsection 4 or Title 38, 
section 484, subsection 3, the primary siting authority shall presume that an expedited 
wind energy development provides energy and emissions-related benefits described in 
section 3402 and shall make additional findings regarding other tangible benefits 
provided by the development. The Department of Labor, the Executive Department, 
State Planning Office and the Public Utilities Commission shall provide review 
comments if requested by the primary siting authority.' 
Amend the bill in Part A in section 4 in §3456 in the first line (page 8, line 18 in 
L.D.) by inserting after the following: 
"development" the following: 'in organized 
areas' 
Amend the bill in Part A in section 4 in §3456 in subsection 1 in the blocked 
paragraph in the first line (page 8, line 31 in L.D.) by striking out the following: 
"project" and inserting the following: 'wind energy development subject to certification 
under this section' 
Amend the bill in Part A in section 4 in §3456 by striking out all of subsection 3 
(page 9, lines 9 to 12 in L.D.) and inserting the following: 
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to S.P. 908, L.D. 2283 
'3. Enforcement of standards. Following certification under this section and 
during construction and operation, the standards in subsection 1 for a wind energy 
development subject to certification under this section may be enforced by the 
municipality in which the generating facilities are located at the municipality's discretion 
pursuant to Title 30-A, section 4452. The department is not responsible for enforcement 
of this section.' 
Amend the bill in Part A in section 4 by striking out all of §3457 (page 9, lines 15 to 
in L.D.) and inserting the following: 
'§3457. Rulemaking; scenic viewpoint; scenic inventory 
1. Scenic viewpoint. The Department of Conservation shall adopt rules to designate 
scenic viewpoints located on state public reserved land or on a trail that is used 
exclusively for pedestrian use, such as the Appalachian Trail, that have state or national 
significance from a scenic perspective based on criteria modeled after those used in the 
"Maine Rivers Study" published by the Department of Conservation in 1982 and "Maine 
Wildlands Lakes Assessment" published by the Maine Land Use Regulation Commission 
in June 1987 and consideration of the criteria in section 3452, subsection 3. 
2. Scenic inventory. The Executive Department, State Planning Office shall adopt 
rules regarding the methodology for conducting a scenic inventory of scenic resources of 
state or national significance that are located in the coastal area, as defined by Title 38, 
section 1802, subsection 1, in a manner comparable to that used for an inventory listed in 
section 3451, subsection 9, paragraph H, subparagraph (I). The office may contract with 
an outside entity for the preparation of a scenic inventory conducted pursuant to the 
methodology developed pursuant to this subsection. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A,' 
Amend the bill in Part A by striking out all of section 5 and inserting the following: 
'Sec. A-S. Tracking progress toward achievement of state wind energy 
goals. 
The Executive Department, Governor's Office of Energy Independence and 
Security, referred to in this section as "the office," shall, on an annual basis, monitor and 
make an assessment of progress toward meeting the wind energy development goals 
established in the Maine Revised Statutes, Title 35-A, section 3404, subsection 2 and, by 
December 2013, in consultation with other state agencies as appropriate, conduct a full 
review of the status of meeting the goals for 2015 and the likelihood of achieving the 
goals for 2020. The office shall provide its assessment and recommendations under this 
section to the joint standing committee of the Legislature having jurisdiction over utilities 
and energy matters by January 15th of each year. 
1. Assessment. The assessment under this section must include: 
A. Examination of experiences from the permitting process; 
B. 
Identified successes, including tangible benefits realized from wind energy 
development, in implementing the recommendations contained in the February 2008 
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COMMITTEE AMENDMENT "A" to S.P. 908, L.D. 2283 
final report of the Governor's Task Force on Wind Power Development in Maine 
pursuant to Executive Order issued May 8, 2007; 
C. Projections of wind energy developers' plans, as well as technology trends and 
their state policy implications; 
D. The status of Maine and each of the other New England states in making progress 
toward reducing greenhouse gas emissions; and 
E. Recommendations, including, but not limited to, any changes regarding: 
(1) The wind energy development goals established in Title 35-A, section 3404, 
subsection 2; 
(2) Pennitting processes for wind energy development; 
(3) Identification of places within the State's unorganized and deorganized areas 
for inclusion in the expedited pennitting area established pursuant to Title 35-A, 
chapter 34-A; and 
(4) Creation of an independent siting authority to consider wind energy 
development applications. 
2. Assessment of tangible benefits; first annual report. In the report due January 
15, 2009, the office shall include an assessment of whether there is a need for additional 
funding to conduct the analysis of tangible benefits realized from wind energy 
development as required under this section and, if funding is needed, recommendations 
for a funding mechanism that is connected to the fees assessed to wind energy developers 
by the Department of Environmental Protection and the Maine Land Use Regulation 
Commission. Following receipt and review ofthe report, the joint standing committee of 
the Legislature having jurisdiction over utilities and energy matters may submit 
legislation to the First Regular Session of the 124th Legislature regarding the subject 
matter of this subsection.' 
Amend the bill in Part B in section I in subsection 2 by striking out all of the 4th 
blocked paragraph (page 10, lines 34 to 36 and page II, lines I and 2 in L.D.) and 
inserting the following: 
'The board may not assume jurisdiction over an application for an expedited wind energy 
development as defined in Title 35-A, section 3451, subsection 4 or for a certification 
pursuant to Title 35-A, section 3456.' 
Amend the bill in Part B in section 4 in paragraph D in the 5th line (page 11, line 20 
in L.D.) by inserting after the following: "department" the following: " including the 
record of any adjudicatory hearing held by the department,' 
Amend the bill in Part B in section 5 in paragraph A in subparagraph (1) in the 4th to 
6th lines (page 11, lines 41 to 42 and page 12, line 1 in L.D.) by striking out the 
following: "pursuant to the site location of development laws pursuant to chapter 3, 
subchapter 1, article 6, the Natural Resources Protection Act or stonn water management 
laws" 
Amend the bill in Part B in section 9 by striking out all of subsection 3 (page 13, lines 
to 21 in L.D.) and inserting the following: 
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COMMITTEE AMENDMENT" A " 
to S.P. 908, L.D. 2283 
'3. Maximum fee. The commissioner shall set the actual fees and shall publish a 
schedule of all fees by November 1st of each year. If the commissioner determines that a 
particular application, by virtue of its size, uniqueness, complexity or other relevant 
factors, is likely to require significantly more costs than those listed on Table I, the 
commissioner may designate that application as subject to special fees. 
A Through 
August 31, 2009, a special fee may not exceed $250,000. Beginning September 1, 2009, a 
special fee may not exceed $75,000. Such a designation must be made at, or prior to, the 
time the application is accepted as complete and may not be based solely on the 
likelihood of extensive public controversy. All department staff who have worked on the 
review of the application, including, but not limited to, preapplication consultations, shall 
submit quarterly reports to the commissioner detailing the time spent on the application 
and all expenses attributable to the application, including the costs of any appeals filed by 
the applicant and, after taking into consideration the interest of fairness and equity, any 
other appeals if the commissioner finds it in the public interest to do so. The costs 
associated with assistance to the board on an appeal before the board may be separately 
charged. 
The processing fee for that application must be the actual cost to the 
department. The applicant must be biIled quarterly and all fees paid prior to receipt of the 
permit. Nothing in this section limits the commissioner's authority to enter into an 
agreement with an applicant for payment of costs in excess of the maximum special fee 
established in this subsection.' 
Amend the bill in Part B in section 13 by striking out all of subsections I to 5 (page 
14, lines 22 to 26 in L.D.) and inserting the following: 
'1. Effects on scenic character and existing uses related to scenic character; 
2. 
Tangible benefits, including postconstruction reporting of tangible benefits 
realized; 
3. Noise and shadow flicker effects; 
4. Effects on avian and bat species; 
5. Public safety-related setbacks; and 
6. Decommissioning plans, including demonstration of current and future financial 
capacity that would be unaffected by the applicant's future financial condition to fully 
fund any necessary decommissioning costs commensurate with the project's scale, 
location and other relevant considerations, including, but not limited to, those associated 
with site restoration and turbine removal.' 
Amend the bill in Part C in section 2 in subsection 2-C in the 3rd line (page 15, line 3 
in L.D.) by striking out the following: "an allowable, permitted use" and inserting the 
following: 'a use requiring a permit, but not a special exception,' 
Amend the bill in Part C in section 6 by striking out all of the first paragraph (page 
17, lines 10 to 14 in L.D.) and inserting the following: 
'Sec. C-6. Expedited permitting area designation; permitted use. No later 
than September 1,2008, the Maine Land Use Regulation Commission shall adopt a rule 
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COMMITTEE AMENDMENT" A" to S.P. 908, L.D. 2283 
listing the following specific places within the State's unorganized and deorganized areas, 
which comprise the expedited permitting area for purposes of this Act, except that the 
commission may subsequently add additional areas to this list by rule in the manner 
provided by this Act:' 
Amend the bill in Part C in section 6 in subsection 2 in the 15th to 17th lines (page 
18, lines 28 to 30 in L.D.) by striking out the following: "the 12.5-acre north-south 
trending area just south and west of Kibby Mountain in Skinner Twp., 07822" and 
inserting the following: 'that portion of Skinner Twp., 07822, composed of the 193.3-acre 
area that follows the ridge to Kibby Mountain, bounded on the east and west by the 
2,820-foot contour, on the south by the town line and on the north by the line from the 
2,820-foot contour through the 3,220-foot contour from Kibby Mountain' 
Amend the bill in Part C in section 6 by striking out all of the 3 indented paragraphs 
(page 18, lines 44 and 45 and page 19, lines 1 to 16 in L.D.) and inserting the following: 
'4. Transition; establishment of expedited permitting area and permitted--use 
prior to rulemaking. Notwithstanding any other provision of law, prior to the Maine 
Land Use Regulation Commission's adoption of the rules required by this section, the 
portion of expedited permitting area located in the State's unorganized and deorganized 
areas consists of the lands and state waters specified in this section and an expedited wind 
energy development, as defined in Title 35-A, section 3451, subsection 4, is a use 
requiring a permit, but not a special exception, subject to permitting by the Maine Land 
Use Regulation Commission or Department of Environmental Protection in accordance 
with this Act and other applicable law, in all districts and subdistricts located within the 
expedited permitting area. 
No later than September 1,2008, the Maine Land Use Regulation Commission shall 
adopt a rule amending its land use districts and standards to provide that grid-scale wind 
energy development as defined in the Maine Revised Statutes, Title 35-A, section 3451 is 
a use requiring a permit, but not a special exception, in all districts or subdistricts located 
within the expedited permitting area designated pursuant to this section, subject to 
permitting by the Maine Land Use Regulation Commission or Department of 
Environmental Protection in accordance with this Act and other applicable law. 
Rules adopted by the Maine Land Use Regulation Commission pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by striking out all of Part D and inserting the following: 
'PARTD 
Sec. D-l. 35-A MRS A §3211-C, as amended by PL 2007, c. 493, §§I to 3, is 
further amended to read: 
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COMMITTEE AMENDMENT" A 
.. to S.P. 908, L.D. 2283 
§321l-C. Solar and wind energy rebate program; fund 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Qualified solar energy system" means a solar photovoltaic system or a solar 
thermal system. 
A-I. "Qualified solar thermal water system installer" means a person who has been 
certified by the commission to install solar thermal systems designed to heat water 
and who holds a current license from the State as a master plumber, as a master oil 
burner technician or as a propane and natural gas technician or has been certified as a 
type II, type III or universal heating, ventilation and air conditioning refrigeration 
technician through a certification program approved by the United States 
Environmental Protection Agency. 
A-2. "Qualified wind energy system" means any device, such as a wind charger, 
windmill or wind turbine and associated facilities, with a peak generating capacity of 
kilowatts or less that converts wind energy to electrical energy for use primarily 
in a residence, public facility or place of business that is located in an area with 
demonstrated wind power potential. 
B. "Solar photovoltaic system" means a solar energy device with a peak generating 
capacity of 100 kilowatts or less used for generating electricity for use in a residence 
or place of business. 
C. "Solar thermal system" means a configuration of solar collectors and a pump, heat 
exchanger and storage tank or fans designed to heat water or air for the purpose of 
space heating, domestic water heating or both space and domestic water heating. 
Solar thermal system types include forced circulation, integral collector storage, 
thermosyphon and self-pumping systems. 
2. Solar and wind energy rebate program. To the extent that funds are available 
in the fund established in subsection 3 and the requirements of subsection 2-A are 
satisfied, an owner or tenant of residential or commercial property located in the State is 
entitled to a rebate for a qualified solar energy system that is installed in accordance with 
this subsection after July I, 2005 that will be connected to the electrical grid or a 
qualified wind energy system that is installed in accordance with this subsection after 
January I, 2009 that will be connected to the electrical grid. The commission shall set 
rebate levels for qualified solar energy systems and qualified wind energy systems. In 
setting rebate levels, the commission may consider market demand for qualified solar 
energy systems and qualified wind energy systems, program implementation experience 
and other factors relevant to the solar energy and wind energy rebate program. 
A. To qualify for a rebate, a solar photovoltaic system must meet the following 
installation requirements: 
(1) For a system installed after July 1, 2005 but before January 1, 2007, the 
system must be installed by a master electrician who has completed a training 
course to prepare for certification by a North American board of certified energy 
practitioners or by a master electrician working in conjunction with either a 
person who has been certified by a North American board of certified energy 
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to S.P. 908, L.D. 2283 
practitioners or a person who has completed a training course to prepare for 
certification by a North American board of certified energy practitioners; or 
(2) For a system installed on or after January 1, 2007, the system must be 
installed by a master electrician who has been certified by a North American 
board of certified energy practitioners or by a master electrician working in 
conjunction with a person who has been certified by a North American board of 
certified energy practitioners. 
B. To qualifY for a rebate, a solar thermal system designed to heat water must be 
installed by a qualified solar thermal water system installer and, if the solar thermal 
system is designed to heat potable water, it must be installed by a qualified solar 
thermal water system installer who holds a current license as a master plumber or by 
a qualified solar thermal water system installer working in conjunction with a master 
plumber. 
D. To qualify for a rebate, the electrical components of a qualified wind energy 
system must be installed by a master electrician or by a factory trained and approved 
dealer for the qualified wind energy system working under the supervision of a 
master electrician. 
In the case of a newly constructed residence, the rebate must be available to the original 
owner or occupant. 
2-A. Energy audit requirement; solar photovoltaic system. To qualifY for a 
rebate for a solar photovoltaic system under this section, an owner or tenant of residential 
or commercial property located in the State must demonstrate to the satisfaction of the 
commission that an energy audit, as defined by the commission by rule, has been 
completed. 
3. Funding level; fund. The commission shall assess transmission and distribution 
utilities to collect funds for the solar and wind energy rebate program in accordance with 
this subsection. The amount of all assessments by the commission under this subsection 
must result in total program expenditures by each transmission and distribution utility that 
do not exceed 0.005 cent per kilowatt-hour. To the extent practicable, the commission 
shall establish and collect the assessment in a manner that is consistent with the 
assessment made under section 3211-A. The commission shall establish a solar and wind 
energy rebate program fund to be used solely for the purposes of this section. 
All 
assessments made under this subsection are deposited in the fund. Any interest on funds 
in the fund must be credited to the fund. Funds not spent in any fiscal year remain in the 
fund to be used for the purposes of this section. In each fiscal year, 25% of the fund is 
allotted to solar photovoltaic system rebates and 75% of the fund is allotted to solar 
thefHI:al system rebates. The commission shall determine the allotment of the fund in 
each fiscal year between solar photovoltaic system rebates, solar thermal system rebates 
and qualified wind energy system rebates, with a minimum of 20% of the fund provided 
to each of the 3 types ofrebates. 
4. Rules. The commission shall adopt rules necessary to implement the provisions 
of this section, including procedures and standards for demonstrating qualification for a 
rebate under this section and a definition of "energy audit" for the purposes of subsection 
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2-A. Rules adopted under this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
5. Report. The commission shall report by December I st of each year to the joint 
standing committee of the Legislature having jurisdiction over utilities and energy 
matters a description of actions taken by the commission pursuant to this section during 
the prior 12 months. 
6. Limitation to residents of State; repeal. Participation in the solar and wind 
energy rebate program and fund established in this section is limited to residents of the 
State. This section is repealed December 31, 20 I 0.' 
Amend the bill in Part E by striking out all of section 1 (page 21, lines 23 to 26 in 
L.D.) and inserting the following: 
'Sec. E-l. Application; municipal authority. This Act applies to a proposed 
wind energy development for which the Department of Environmental Protection or the 
Maine Land Use Regulation Commission has not accepted an application as complete for 
processing as of the effective date of this Act. This Act does not apply to a proposed 
wind energy development of the type subject to certification pursuant to the Maine 
Revised Statutes, Title 35-A, section 3456 for which a municipality has accepted an 
application as complete for processing as of the effective date of this Act. This Act is not 
intended to limit a municipality's authority to regulate wind energy development.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It clarifies the definition of "scenic resource of state or national significance" to 
specify that it is limited to areas that are owned by the public or to which the public has 
legal right of access and to clarify that it includes scenic viewpoints on pedestrian trails 
that the Department of Conservation designates by rule as having state or national 
significance, as well as scenic viewpoints on state public reserved land as provided in the 
bill. 
2. It clarifies that the rulemaking of the Executive Department, State Planning Office 
with respect to the methodology for conducting a scenic inventory of scenic resources 
applies to those resources located in the coastal area. 
3. It clarifies the application of the scenic standard regarding the effect of an 
expedited wind energy development to require the primary siting authority to determine 
whether the development significantly compromises views from a scenic resource of state 
or national significance such that the development has an unreasonable adverse effect on 
the scenic character or existing uses related to scenic character of the scenic resource. 
4. It clarifies that municipalities are permitted but not required to enforce the 
standards for a wind energy development certification issued by the Department of 
COMMITTEE AMENDMENT 
t.. .ce· 
COMMITTEE AMENDMENT 'A "to S.P. 908, L.D. 2283 
Environmental Protection for a smaller-scale wind energy development and that the 
department is not responsible for enforcement of such standards. 
5. It adds language to require the Executive Department, Governor's Office of 
Energy Independence and Security to submit its findings and recommendations from its 
annual assessment of progress toward reaching the State's wind energy goals to the joint 
standing committee of the Legislature having jurisdiction over utilities and energy 
matters and to require the office in its the first report, due January 15,2009, to include an 
assessment of whether additional funding is needed to analyze the tangible benefits 
realized by wind energy developments. 
6. It clarifies, with respect to appeals to the Board of Environmental Protection of 
license or permit decisions of the Commissioner of Environmental Protection regarding 
wind energy developments, that the administrative record of the department includes the 
record of any adjudicatory hearing of the department. 
7. It amends the provision.iI),.the bill regarding the special fee that may be required by 
the Department of Environmental Protection to provide a maximum fee of $250,000 until 
September 1,2009 and $75,000 beginning September 1,2009, rather than an unlimited 
fee for wind energy development as proposed in the bill. It also adds language to clarify 
that the Commissioner of Environmental Protection has the authority to enter into an 
agreement with an applicant for a payment of costs in excess of the maximum special fee. 
8. It adds to the provision in the bill regarding submission requirements to be 
specified by the Department of Environmental Protection and the Maine Land Use 
Regulation Commission for applications for wind energy developments to include as 
additional submission requirements postconstruction reporting of tangible benefits from 
wind energy development and decommissioning plans, including demonstration of ability 
to fully fund any necessary future decommissioning costs. 
9. It clarifies that the Maine Land Use Regulation Commission's authority to amend 
the list of places included in the expedited permitting area is limited to adding additional 
areas to the list, and it clarifies the reference to the portion of Skinner Township included 
in the expedited permitting area. 
10. It amends the provision in the bill regarding the establishment of a wind energy 
rebate to limit qualified wind energy systems to those with a peak generating capacity of 
kilowatts or less and to specify that a qualified system is one that is located in an area 
with demonstrated wind energy potential rather than an area with a specific wind energy 
classification based on United States Department of Energy maps as provided in the bill. 
It revises the installation requirements for wind energy systems to narrow the requirement 
to the installation of the electrical components of the system. 
It also amends the 
allotment of the solar and wind energy rebate program fund between the different rebates 
to require the Public Utilities Commission to determine for each fiscal year the allotment 
of funds between solar photovoltaic system rebates, solar thermal system rebates and 
qualified wind energy system rebates, with a minimum of 20% of the fund provided to 
each of the 3 types of rebates. The bill in contrast allots 50% of the fund to solar system 
rebates and 50% to wind system rebates. 
11. The amendment adds language to specify that this Act does not apply to a 
proposed wind energy development of a type that is subject to certification by the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A .. to S.P. 908, L.D. 2283 
Department of Environmental Protection, which refers to the smaller-scale wind energy 
developments in organized areas, if a municipality has accepted an application for that 
proposed development as complete for processing as of the effective date of the Act. It 
also adds language to clarify that the Act is not intended to limit municipal authority to 
regulate wind energy development. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/06/08 frac 
LD 2283 
LR 3544(02) 
An Act To Implement Recommendations of the Governor's Task Force on Wind Power Development 
Fiscal Note for Bill as Amended by Committee Amendment" A" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Other Special Revenue Funds 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
This bill authorizes the Department of Environmental Protection to assess fees to cover the cost of additional wind 
power licensing Icertification reviews as well as the cost of hiring outside reviewers. It is anticipated that the revenue 
generated will be sufficient to cover the expected costs. Additional costs to the Public Utilities Commission, the 
Governor's Office of Energy Independence and Security, the State Planning Office, the Department of Conservation 
and the Department of Labor to perform additional tasks can be absorbed utilizing existing budgeted resources. 
LR3S44(02) - Fiscal Note - Page 1 of 1