An Act To Require That Expedited Wind Energy Development Projects Provide a Tangible Benefit to Maine Ratepayers in the Form of Discounts to Future Electric Rates
Maine Legislature, Session 124, LD 1504
Committee Amendment CA_A-SA_A_S504 (Senate)
Amends: 12 MRSA §685-F, 38 MRSA §352

SENATE AMENDMENT "I( "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 
Electric Rates" 
Amend the amendment in Part A by inserting before section 1 the following: 
'Sec. A-I. 12 MRSA §685-F, sub-§3, as enacted by PL 2005, c. 107, §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 extraordinary project keep accurate 
and regular daily time records. These 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-aRfl, 
billing statements for contracted services and billing statements from other state agencies 
for the actual cost of review.' 
Amend the amendment in Pali A by inserting after section 6 the following: 
'Sec. A-7. 38 MRSA §352, sub-§3, as amended by PL 2009, c. 160, § 1, is further 
amended to read: 
3. Maximum fee. The commissioner shall set the actual fees and shall publish a 
schedule of all fees by November 1 st of each year. If the commissioner determ ines that a 
paliicular 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. 
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. The 
maximum fee for processing an application may not exceed $250,000. All department 
staff of the department, the Department of Inland Fisheries and Wildlife, the Department 
of Conservation, the Depaliment of Agriculture, Food and Rural Resources and the 
Depaliment 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 l - 124LR2474(03)-1 
SENA TE AMENDMENT 
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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, the 
Department of Inland Fisheries and Wildlife, the Depmtment of Conservation, the 
Depaltment of Agriculture, Food and Rural Resources and the Depaltment of Marine 
Resources. The applicant must be billed quarterly and all fees paid prior to receipt of the 
pennit. 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 renumbering 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 Protection, 
the Depattment of Inland Fisheries and Wildlife, the Department of Conservation, the 
Department of Agriculture, Food and Rural Resources and the Department of Marine 
Resources submit quatterly 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 Depattment of Agricu Itllre, Food and Rural 
Resources and the Department of Marine Resources. 
FISCAL NOTE REQUIRED 
~(sce 
attached) 
SPONSOREOBY: 
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(Senator MILLS, P.) 
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COUNTY: Somerset 
SENATE AMENDMENT 
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Approved: 03/2911 0 .1b.:'ac.. 
LD 1504 
LR 2474(03) 
An Act To Require That Expedited Wind Energy Development Projects Provide a Tangible Benefit to 
Maine Ratepayers in the Form of Discounts to Future Electric Rates 
Fiscal Note for Senate Amendment "4,, to Committee Amendment ';4" 
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 Depaliment of 
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Environmental Protection to bill costs related to other state agencies' review of applications will increase Other 
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Special Revenue Funds revenue. With no histOIY of costs associated with the review work of contributing agencies, 
no estimate is made of th is 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(03) - Fiscal Note - Page 1 of I