An Act To Require That Expedited Wind Energy Developtl1ent 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_S501 (Senate)
Amends: 35-A MRSA §3451, 35-A MRSA §3454, 12 MRSA §689, 38 MRSA §346

COMMITTEE AMENDMENT "A" to S.P. 582, L.D. 1504, Bill, "An Act To 
Require That Expedited Wind Energy Developtl1ent Projects Provide a Tangible Benefit 
to Maine. Ratepayers in the Form of Discounts to Future Electric Rates" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide P.'edictable Benefits to Maine Communities That Host Wind 
Ene.'gy Developments' 
Amend the bill by striking out everything after the enacting clause ane! before the 
summary and insetting the following: 
'PART A 
Sec. A-I. 35-A MRSA §3451, sub-§l-B is enacted to read: 
I-B. Commuriity benefit agreement. "Community benefit agreement" means an 
agreement between the developer of an expedited wind energy development and a host 
community that involves payments by the developer to the host community to be utilized 
for public purposes, including, but not limited to, for property tax reductions, economic 
development projects, land and natural resource conservation, tourism promotion or 
reduction of energy costs, and that specifies in writing: ' 
. 
A. 
The value of any lump sum payments made by the developer to the host 
commun ity; and 
B. Any payment schedule and associated terms and conditions for payments to be 
made over time by the developer to the host community. 
Sec. A-2. 35-A MRS A §3451, sub-§l-C is enacted to read: 
l-C. Community benefits p~c1{3ge. "Community benefits package" means the 
aggregate collection of tangible benefits resulting from any of the following: 
Page I - 124LR2474(02)-1 
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COMMITTEE AMENDMENT "A" to S.P. 582, L.D. 1504 
A. 
Payments, not including property tax payments, to the host community or 
communities, including, but not limited to, payments under community benefit 
agreements; 
B. Payments that reduce energy costs in the host community or communities; and 
C. Any donations for land or natural resource conservation. 
Sec. A-3. 35-A MRSA §3451, sub-§7, as enacted by PL 2007, c. 661, Pt. A, §7, 
is amended to read: 
7. 
Host community. 
"Host community" means a municipality, tovlI1ship or 
plantation in ','{hich the generating facilities of an expedited '.'lind energy development are 
located.~ 
A. The following entities: 
(1) 
A municipality or plantation in which the generating facilities of an 
expedited wind energy development are located; 
(2) If the generating facilities of an expedited wind energy development are 
located in a township, the county in which those facilities are located; 
(3) If the generating facilities of an expedited wind energy development are 
located on Passamaquoddy Indian territOlY, as defined in Title 30, section 6203, 
subsection 6, the Passamaquoddy Tribe, if the Passamaquoddy Tribe notifies the 
primary siting authority that it chooses to be considered a host community for 
P!!IPoses of this chapter with respect to the expedited wind energy development; 
(4) If the generating facilities of an expedited wind energy development are 
located on Penobscot Indian territory, as defined in Title 30, section 6203, 
subsection 9, the Penobscot Nation if the Penobscot Nation notifies the primalY 
siting authority that it chooses to be considered a host community for purposes of 
this chapter with respect to the expedited wind energy development; or 
(5) If the generating facilities of an expedited wind energy development are 
located on Qualifying Band Trust Land, the Aroostook Band of Micmacs, if the 
Aroostook Band of Micmacs notifies the primary siting authority that it chooses 
to be considered a host community for purposes of this chapter with respect to the 
expedited wind energy development; and 
B. 
When the generating facilities of an expedited wind energy development are 
located within the State's unorganized or deorganized areas and the developer selects 
a municipality; plantation; township; Passamaquoddy Indian territory, as defined in 
Title 30, section 6203, subsection 6; Penobscot Indian ten'itory, as defined in Title 30, 
section 6203, subsection 9; or Qualifying Band Trust Land proximate to the location 
of the generating facilities for the purpose of providing specific tangible benefits: 
0) In the case ofa municipality or plantation that is selected, the municipality or 
plantation; 
(2) In the case of a township that is selected, the county in which that township is 
located; 
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COMMITTEE AMENDMENT'jf-" to S.P. 582, L.D. 1504 
(3) 
In the case of Passamaquoddy Indian territory that is selected, the 
Passamaquoddy Tribe if the Passamaquoddy Tribe notifies the primary siting 
authority that it chooses to be considered a host community for purposes of this 
chapter with respect to the expedited wind energy development; 
(4) In the case of Penobscot Indian territOlY that is selected, the Penobscot 
Nation if the Penobscot Nation notifies the primary siting authority that it 
chooses to be considered a host community for purposes of this chapter with 
respect to the expedited wind energy development; and 
(5) In the case of Qualifying Band Trust Land that is selected, the Aroostook 
Band of Micmacs, if the Aroostook Band of Micmacs notifies the primary siting 
authority that it chooses to be considered a host community for purposes of this 
chapter with respect to the expedited wind energy development. 
An expedited wind energy development may have multiple host communities. 
Sec. A-4. 35-A MRSA §3451, sub-§8-A is enacted to read: 
8-A. Qualifying Band Trust Land. "Qualifying Band Trust Land" means Band 
Trust Land, as defined in the federal Aroostook Band of MicmacsSett[ement Act, Public 
Law 102-171, 105 Stat. 1143 (1991), over which the Aroostook Band of Micmacs 
possesses municipal authority with respect to expedited wind energy development. For 
purposes of this subsection, "municipa[ authority" means the rights, privileges, powers 
and immunities of a municipality that are specified in legislation specifically authorizing 
the exercise of those government powers and that are equivalent to the rights, privileges, 
powers and immunities possessed by the Penobscot Nation and the Passamaquoddy Tribe 
with respect to expedited wind energy development within their respective Indian 
territories pursuantto Title 30, section 6206. 
Sec. A-5. 35-A MRSA §3451, sub-§10, as enacted by PL 2007, c. 661, Pt. A, §7, 
is amended to read: 
10. 
Tangible benefits. 
"Tangib[e benefits" means environmental or economic 
improvements or benefits to residents of this State attributable to the construction, 
operation and maintenance of an expedited wind energy development, including but not 
limited to: property tax payments resulting from the development; other payments to a 
host community, including, but not limited to, payments under a community benefit 
agreement; construction-related employment; local purchase of materials; employment in 
operations and maintenance; reduced property taxes; reduced electrical rates; [and or 
natural resource conservation; performance of construction, operations and maintenance, 
activities by trained, qualified and licensed workers in accordance with Tit[e 32, chapter 
[7 and other applicable laws; or other comparable benefits, with palticu[ar attention to 
assurance of such benefits to the host community or communities to the extent practicable 
and affected neighboring communities. 
Sec. A-6. 35-A MRSA §3454, as enacted by PL 2007, c. 66[, Pt. A, §7, IS 
amended to read: 
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COMMITTEE AMENDMENT" A" to S.P. 582, L.D. 1504 
§3454. Determination of tangible benefits; requirements 
In making findings pursuant to Title 12, seqtion 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 requ~sted by the primary siting authority. 
1. Documentation. As part of any permit application for an expedited wind energy 
development, the applicant shall include the following information regarding tangible 
benefits, except that the applicant ITlay submit the information required under paragraph 
D as an addendum to the permit application during the period in which the application is 
pending: 
A. 
Estimated jobs to be created statewide and in the host community or 
communities, as a result of construction, maintenance and operations of the project; 
B. Estimated annual generation of wind energy; . 
C. Projected property tax payments; 
D. A description of the community benefits package, including but not limited to 
community benefit agreement payments, to be provided in accordance with the 
requirements of subsection 2; and 
. 
E. Any other tangible benefits to be provided by the project. 
2. Community benefits package requirement. Except as provided in subsection 3, 
to demonstrate that an expedited wind energy development provides significant tangible 
benefits as required in Title 12, section 685-B, subsection 4-B and Title 38, section 484, 
subsection 10, the applicant for an expedited wind energy development is required to 
establish a community benefits package valued at no less than $4,000 per year per wind 
turbine included in the expedited wind energy development, averaged over a 20-year 
period. This subsection does not affect the property tax obligations of an expedited wind 
energy development. 
3. 
Community benefits package requirement; exceptions. 
The community 
benefits package requirement under subsection 2: 
A. Is waived for any expedited wind energy development that: 
(l) Has an installed capacity of less than 20 megawatts; or 
(2) Is owned by a nonprofit entity, a public entity or a quasi-public entity; and 
B. Does not apply to those turbines included in the development that are located: 
(I) In a host community in which the legislative body has voted to waive or 
reduce the community benefits package requirement; 
(2) On Passamaquoddy Indian territory, as defined in Title 30, section 6203, 
subsection 6, unless the Passamaquoddy Tribe notifies the primary siting 
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COMMITTEE AMENDMENT" It" to S.P. 582, L.D. 1504 
authority that it chooses to be considered a host community for the purposes of 
this chapter with respect to the expedited wind energy development; 
(3) 
On Penobscot Indian territOlY, as defined in Title 30, section 6203, 
subsection 9, unless the Penobscot Nation notifies the primary siting authority 
that it chooses to be considered a host community for the purposes of this chapter 
with respect to the expedited wind energy development; or 
(4) On Qualifying Band Tnist Land unless the Aroostook Band of Micmacs 
notifies the primary siting authority that it chooses to be considered a host 
community for the purposes of this chapter with respect to the expedited wind 
energy development. 
The community benefits package requirement applies to any turbines of the 
development that are not exempted under subparagraph (1), (2), (3) or (4). 
Nothing in this subsection limits a host community's authority to require an expedited 
wind energy development to enter into a community benefit agreement and to fulfill its 
property tax obligations. 
4. 
Community benefit agreement payments to counties. 
When generating 
facilities of an expedited wind energy development are located within an unorganized or 
deorganized area other than within a plantation, community benefit agreement payments 
provided to the county as the host community in accordance with this section may be 
used for projects and programs of public benefit located anywhere within that county. 
5. Promoting economic development and resource conservation; assistance to 
host communities. To the extent practicable within existing resources, the Depaltment 
of Economic and Community Development and the Executive Department, State 
Planning Office, shall provide, upon the request of a host community, assistance for the 
purpose of helping the host community maximize the economic development and 
resource conservation benefits from tax payments and payments made pursuant to a 
community benefit agreement or a community benefits package in connection with 
expedited wind energy developments. As pmt of this assistance, the depmtment and the 
office shall SUppOit host communities in identifying additional funding and developing 
regional economic and natural resource conservation strategies. 
Sec. A-7. PL 2007, c. 661, Pt. A, §S is amended to read: 
Sec. A-S. Tracking progress toward achievement of state wind energy 
goals; assessment of tangible benefits. 
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 tangible benefits provided 
by expedited wind energy developments in accordance with the Maine Revised Statutes, 
Title 35-A, section 3454 and the State's 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "It, to S.P. 582, L.D. 1504 
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 
final report of the Governor's Task Force on Wind Power Development in Maine 
pursuant to Executive Order issued May 8, 2007; 
B-1. 
A summary of tangible benefits provided by expedited wind energy 
developments including, but not limited to, documentation of community benefits 
packages and community benefit agreement payments provided. The assessment 
must also include a review of the community benefits package requirement under 
Title 35-A, section 3454, subsection 2 and the actual amount of negotiated 
community benefits packages relative to the statutorily required minimum amount; 
C. Projections of wind ei1ergy 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: 
(I) The wind energy development goals established in Title 35-A, section 3404, 
subsection 2; 
(2) Permitting processes for wind energy development; 
(3) Identification of places within the State's unorganized and deorganized areas 
for inclusion in the expedited permitting area established pursuant to Title 35-A, 
chapter 34-A; aOO 
(4) Creation of an independent siting authority to consider wind energy 
development applications7; and 
(5) The community benefits package requirement under Title 35-A, section 3454, 
subsection 2. 
2. Asse,ssment of tangible benefits; fil'St 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 of the 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. 
Sec. A-S. Application. This Part does not affect the determination of tangible 
benefits for any expedited wind energy development pursuant to the Maine Revised 
Statutes, Title 35-A, section 3454 for which a permit application has been submitted to 
the primary siting authority prior to the effective date of this Act. 
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PARTB 
Sec. B-l. 12 MRSA §689, as amended by PL 1979, c. 127, §70, is fUliher 
amended to read: 
§689. Appeal 
Persons aggrieved by final actions of the commission, including without limitation 
any final decision of the commission with respect to any application for approval or the 
adoption by the commission of any district boundary or amendment thereto, may appeal 
therefrom in accordance with Title 5, chapter 375, subchapter ¥II 1. Appeals of final 
actions of the commission regarding an application for an expedited wind energy 
development, as defined in Title 35-A, section 3451, subsection 4, must be taken to the 
Supreme Judicial Court sitting as the Law Court in accordance with Title 5, chapter 375, 
subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C. The Law COUli has 
exclusive jurisdiction over requests for judicial review of final actions of the commission 
regarding expedited wind energy developments. This right of appeal, with respect to any 
commission action to which this right may apply, shall be in lieu of the rights provided 
under Title 5, section 8058, subsection 1. 
Sec. B-2. 35-A MRS A §3458 is enacted to read: 
§3458. Judicial appeal; municipal permitting decision 
Any judicial appeal of a municipal decision regarding permitting of an expedited 
wind energy development that is taken in the manner provided in the Maine Rules of 
Civil Procedure, Rule 80B must be heard and determined by the Superior Court as 
expeditiously as possible. 
Sec. B-3. 38 MRSA §346, sub-§l, as amended by PL 2007, c. 661, Pt. B, §7, is 
fLuiher amended to read: 
1. Appeal to Superior COUI't. 
Except as provided in subsection 4 and section 
347-A, subsection 3 or 4, any person aggrieved by any order or decision of the board or 
commissioner may appeal to the Superior Court. These appeals to the Superior COLlli 
must be taken in accordance with Title 5, chapter 375, subchapter 7. 
Sec. B-4. 38 MRSA §346, sub-§4, as enacted by PL 2007, c. 661, Pt. B, §8, is 
amended to read: 
4. 
Appeal of decision I'egarding an expedited wind energy development. A 
person aggrieved by an order or decision of judicial appeal of final action by the board or 
commissioner regarding an application for an expedited wind energy development, as 
defined in Title 35-A, section 3451, subsection 4, may appeal must be taken to the 
Supreme Judicial COLui sitting as the la'N court Law COLirt. The Law COUli has exclusive 
jurisdiction over request for judicial review of final action by the commissioner or the 
board regarding expedited wind energy developments. These appeals to the Imy court 
Law COUli must be taken in the manner provided in Title 5, chapter 375, subchapter 7 and 
the Maine Rules of Civil Procedure, Rule 80C.' 
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COMMITTEE AMENDMENT" A' to S.P. 582, L.D. 1504 
SUMMARY 
This amendment replaces the bil1. Pali A of the amendment does the following. 
1. It requires applicants for expedited wind energy developments to provide, as part 
of any pennit application, detailed documentation oftangible benefits to be provided. 
2. It requires an applicant for an expedited wind energy development to establish a 
community benefits package in an amount of no less than $4,000 per year per wind 
turbine. The package is an aggregate collection of tangible benefits resulting from an 
expedited wind energy development from: payments to the host community or 
communities; payments that reduce energy costs in the host community or communities; 
and donations for land or natural resOUrce conservation. 
3. It provides celiain exceptions from the community benefits package requirement. 
Specifically, the requirement is waived for any development that has an installed capacity 
of less than 20 megawatts or is owned by a nonprofit, public or quasi-public entity, and 
the requirement does not apply to those turbines included in the development that are 
located in a host community in which the legislative body has voted to waive or reduce 
the requirement or on Passamaquoddy Indian territory or Penobscot Indian territory at the 
option of the respective tribe or nation. It also allows the Aroostook Band of Micmacs to 
be treated as a host community with respect to expedited wind energy developments on 
Band Trust Land, as defined in the federal Aroostook Band of Micmacs Settlement Act, 
Public Law 102-171, 105 Stat. 1143 (1991), if the band obtains through appropriate 
legislation municipal authority that is substantially equivalent to the authority possessed 
by the Penobscot Nation and the Passamaquoddy Tribe under the Maine Revised Statutes, 
Title 30, section 6206 within their respective Indian territories. 
4. It specifies that community beqefit agreern~nt payments to counties acting ,as host 
communities may be used for projects and programs of public benefit located anywhere 
within that county. 
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, 5. It requires the Department of Economic and Community Development and the 
Executive Department, State Planning Office, to the extent practicable within existing 
resources, to provide assistance to host communities, upon a community's request, in 
connection with benefits from expedited wind energy developments. 
6. It requires the Executive Depatiment, Governor's Office of Energy Independence 
and Security, in its annual assessment and repOli on wind energy, to include a summary 
of tangible benefits provided, including community benefits packages and community 
benefit agreement payments and to review the community benefits package requirement 
and actual amounts of negotiated community benefits packages relative to the required 
minimum. 
Pati B of the amendment amends the law governing appeals of final actions of 'the 
Commissioner of Environmental Protection, the Board of Environmental Protection and 
the Maine Land Use Regulation Commission regarding an application for an expedited 
wind energy development. The amendment requires that any appeal of final action in , 
these instances be taken to the Supreme Judicial Court and specifies that the Law Court 
has exclusive jurisdiction over requests for judicial review of final agency action 
regarding expedited wind energy developments. Part B also requires that any judicial 
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COMMITTEE AMENDMENT ·fr" to S.P. 582, L.D. 1504 
appeal of a municipal decision regarding permitting of an expedited wind energy 
development be heard and determined by the Superior Court as expeditiously as possible. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/3'1110 Mac 
LD 1504 
LR 2474(02) 
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 Bill as Amended by Committee Amendment ,A" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Genera"! Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the DepaJiment of Environmental Protection, State Planning Office, Public Utilities 
Commission, Department of Labor and the DepaJiment of Economic and CommunityDevelopment associated with 
the requirements of this bill can be absorbed within each agency's existing budgeted resources. 
LR2474(02) - Fiscal Note - Page 1 of 1 
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