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: Utilities and Energy
Sponsors: MILLS
Amends: 12 MRSA §685-B, 35-A MRSA §3454, 38 MRSA §484

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 1504 
S.P.582 
In Senate, December 8, 2009 
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 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
. 
Received by the Secretary of the Senate on December 8, 2009. Referred to the Committee 
on Utilities and Energy pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator MILLS of Somerset. 
Printed on recycled paper 
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JOYJ. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §685-B, sub-§4-lB, as enacted by PL 2007, c. 661, Pt. C, §4, is 
amended to read: 
4-B. Special provisions; wind energy development. In the case of a wind energy 
development, as defiAed iA Title 35 A, sectioH 3451, sHbsectioA 11, with a generating 
capacity greater than 100 kilowatts, the developer must demonstrate, in addition to 
requirements under subsection 4, that the proposed generating facilities. as defiAed iH 
Title 35 A. sectioA 3451. sHbsectioA 5: 
A. Will meet the requirements of the Board of Environmental Protection's noise 
control rules adopted pursuant to Title 38, chapter 3, subchapter 1, article 6; 
B. Will be designed and sited to avoid undue adverse shadow flicker effects; 
C. Will be constructed with setbacks adequate to protect public safety, as provided in 
Title 35-A, section 3455. 
In making findings pursuant to this paragraph, the 
commission shall consider the recommendation of a professional, licensed civil 
engineer as well as any applicable setback. recommended by a manufacturer of the 
generating facilities; and 
D. Will provide sigaificBflt taHgible beAefits, as defiAed iA Title 35 A, sectioA 3451, 
sHbsectioA 10, v{ithiA the State, as provided iA Title 35 /'t, sectioA 3454, if the 
den\opmeAt is aA e1e:pedited wi Ad eAergy de:ve\opmeAt, as defiAed iA Title 35 A, 
sectioH 3451. sHbsectioA 4. 
E. 
If the development is an expedited wind energy development. will provide 
tangible benefits to the State as determined pursuant to Title 35-A. section 3454, one 
of which must be that the applicant demonstrate to the primary siting authority that 
the proposed generating facility will provide a tangible benefit to ratepayers in the 
State in the form of a reduction in long-term electric rates. 
For purposes of this subsection, "tangible benefits," "generating facility," "primary siting 
authority," "wind energy development" and "expedited wind energy development" have 
the same meanings as in Title 35-A, section 3451. 
Sec. 2. 35-A MRSA §3454, as enacted by PL 2007, c. 661, Pt. A, §7, is amended 
to read: 
§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. As provided in Title 12, section 685-B, subsection 4-8, 
paragraph E and Title 38, section 484, subsection 10, paragraph D, the primary siting 
authority may not approve a proposed expedited wind energy development unless the 
applicant demonstrates to the primary siting authority that the proposed generating 
facility will provide a tangible benefit to ratepayers in the State in the form of a reduction 
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in long-term electric rates. 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. 
Sec. 3. 38 MRSA §484, sub-§10, GffC, as enacted by PL 2007, c. 661, Pt. B, §12, 
is repealed. 
Sec. 4. 38 MRSA §484, sub-§10, ~ 
is enacted to read: 
D. 
If the development is an expedited wind energy development, will provide 
tangible benefits to the State as determined pursuant to Title 35-A, section 3454, one 
of which must be that the applicant demonstrate to the primary siting authority that 
the proposed generating facility will provide a tangible benefit to ratepayers in the 
State in the form of a reduction in long-term electric rates. 
SUMMARY 
This bill requires that proposals for expedited wind energy development projects 
must, in addition to current applicable criteria, demonstrate to the siting authority that the 
proposed generating facility will provide a tangible benefit to Maine ratepayers in the 
form of a reduction in long-term electric rates.