An Act To Require That Expedited Wind Energy Development Projects Provide a Tangible Benefit to Maine Ratepayers in the Form of Discounts to Future E[ectric Rates
Maine Legislature, Session 124, LD 1504
Committee Amendment CA_A-SA_B_S511 (Senate)
Amends: 12 MRSA §685-F, 38 MRSA §352

SENATE AMENDMENT ",6 " to COMMITTEE AMENDMENT "A" to S,P, 582, 
L.D, 1504, Bill, "An Act To Require That Expedited Wind Energy Development Projects 
Provide a Tangible Benefit to Maine Ratepayers in the Form of Discounts to Future 
E[ectric Rates" 
Amend the amendment in Part A by inselting before section I the following: 
'Sec. A-I. 12 MRSA §685-F, sub-§3, as enacted by PL 2005, c, [07, §2 and 
affected by §4, is amended to read: 
3. Accounting system. The director shall require that all staff involved in any aspect 
of an application review for a project designated as an extraordinalY project keep accurate 
and regular daily time records. Thes.e records must describe the matters worked on, 
services performed and amount of time devoted to those matters and services as well as 
amounts of money expended in performing those functions, 
The director shall keep 
records of all expenses incurred in reviewing a project, including staff time records-iffiEl, 
billing statements for contracted services and billing statements from other state agencies 
for the actual cost of review.' 
. 
Amend the amendment in Palt A by inselting after section 6 the following: 
'Sec. A-7. 38 MRSA §352, sub-§3, as amended by PL 2009, c, 160, § I, is further 
amended to read: 
' 
3. Maximum fee. The commissioner shall set the actual fees and shall publish a 
schedule of a[1 fees by November [st of each year. If the commissioner determines that a 
palticu[ar application, by viltue of its size, uniqueness; complexity or other relevant 
factors, is [ikely to require significantly more costs than those listed on Table I, the 
commissioner may designate that application as subject to special fees. 
Such a 
designation must be made at, or prior to, the time the application is accepted as complete 
and may not be based so[ely on the likelihood of extensive public controversy. The 
maximum fee for processing an application may not exceed $250,000. All depaliment 
staff of the depmtment, the Department of Inland Fisheries and Wildlife, the Department 
of Conservation, the Department of Agriculture, Food and Rural Resources and the 
Depaltment of Marine Resources 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 
Page I - 124LR2474(05)-1 
SENA TE AMENDMENT 
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IS 
SENATE AMENDMENT ,~" to COMMITTEE AMENDMENT "A" to S.P. 582, L.D. 1504 
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~ 
Department of Inland Fisheries and Wildlife, the Depaltment of Conservation, the 
Department of Agriculture, Food and Rural Resources and the Degmtment of Marine 
Resources. The grocessing fee must be distributed to each depaltment that incurs a cost 
to be degosited in the Other Sgecial Revenue fund account in that degartment to 
reimburse the actual cost to that degartment. The applicant must be billed 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 fee established in this subsection.' 
Amend the amendment by relettering or renumbe'ring any' nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment provides that the director of the Maine Land Use Regulation 
Commission shall keep billing statements from other state agencies for the actual cost of 
review of an application. 
The amendment requires that staff of the Department of Environmental Prolection, 
the Department of Inland Fisheries and Wildlife, the Department of Conservation, the 
Department of Agriculture, Food and Rural Resources and the Department of Marine 
Resources submit qualterly reports to the Commissioner of Environmental Protection 
detailing the time spent on an application that is subject to special fees. The amendment 
also requires that the processing fee for an application be equal to the actual cost to the 
Department of Environmental Protection, the Department of Inland Fisheries and 
Wildlife, the Department of Conservation, the Department of Agriculture, Food and Rural 
Resources and the Department of Marine Resources and requires the processing fee to be 
distributed to each department that incurs a cost to be deposited in the Other Special 
Revenue fund account in that department to reimburse the actual cost to that depaltment. 
SPONSORED BY: 
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(Senator MILLS, P.) 
COUNTY: Somerset 
SENA TE AMENDMENT 
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Approved: 04/0511 0 frac 
LD 1504 
LR 2474(05) 
An Act To Require That Expedited Wind Energy Development Projects Provide a Tangible Benefit to 
Maine Ratepaye.'s in the Foml of Discounts to Future Electric Rates 
Fiscal Note for Senate Amendment" -f3 " to Committee Amendment" A" 
Sponsor: Sen. Mills of Somerset 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Allowing the Department of Conservation under the Land Use Regulation Commission and the Department of 
Environmental Protection to bill costs related to other state agencies' review of applications will increase Other 
Special Revenue Funds revenue. The amount received related to other state agencies' review of applications billed by 
the Department of Environmental Protection would be deposited into Other Special Revenue Funds accounts within 
the department that incurred the cost. With no history of costs associated with the review work of contributing 
agencies, no estimate is made ofthis revenue. 
Additional costs to state agencies associated with tracking and submitting detailed time and cost information related to 
numerous activities can be absorbed within existing budgeted resources. 
LR2474(05) - Fiscal Note - Page I of 1