An Act To Facilitate Testing and Demonstration of Renewable Ocean Energy Technology
Maine Legislature, Session 124, LD 1465
Committee Amendment CA_A_S249 (Senate)

FmST REGULAR SESSION 
COMMITTEE AMENDMENT" A" to S.P. 545, L.D. 1465, Bill, "An Act To 
Facilitate Testing and Demonstration of Renewable Ocean Energy Technology" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Gulf of Maine contains vast, untapped renewable ocean energy 
resources, including a globally significant offshore wind energy resource estimated at 
over 100 gigawatts, and tidal and wave power resources with significant potential to 
contribute to the State's renewable energy mix and create related business opportunities; 
and 
Whereas, promising technologies exist and others are being developed to harness 
these renewable ocean energy resources for transportation and home heating needs; and 
Whereas, these significant renewable ocean energy resources will help address the 
economic and environmental challenges we face as a result of over-reliance on oil and 
natural gas to meet energy needs; and 
Whereas, Governor John E. Baldacci created the Ocean Energy Task Force to 
develop strategies to promote the State's renewable ocean energy resources, including 
research and testing of new technologies to harness those resources; and 
Whereas, the Ocean Energy Task Force has identified the need to streamline and 
coordinate state permitting and submerged lands leasing requirements for renewable 
ocean energy demonstration projects so that the State can become an international 
proving ground for testing promising new technologies in state waters in specific 
locations along the coast in an environmentally responsible manner; and 
Whereas, the Legislature finds that it is in the public interest to use state-owned 
submerged lands for temporary demonstration projects to test offshore wind energy and 
other renewable ocean energy technologies; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 545, L.D. 1465 
Whereas, designation of one of the offshore testing areas as the Maine Offshore 
Wind Energy Research Center will support the significant research and development 
initiatives of the University of Maine System and make the State more competitive for 
federal and private sector investments needed to jump-start the State's renewable ocean 
energy industry; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill in Part A in section 2 in §480-HH in subsection 1 by inserting before 
paragraph A the following: 
'A. "Coastal area" has the same meaning as in section 1802, subsection 1.' 
Amend the bill in Part A in section 2 in §480-HH in subsection 1 by inserting after 
paragraph D the following: 
'E. "Ocean energy generating unit" means a wind turbine. that converts wind energy 
to electrical energy that may be employed pursuant to a general permit under this 
section, a wave energy converter that may be employed pursuant to a general permit 
issued under this section or a tidal energy demonstration project that may be 
employed pursuant to a permit issued under section 636-A.' 
Amend the bill in Part A in section 2 in §480-HH in subsection 1 in paragraph Fin 
the 2nd line (page 2, line 2 in L.D.) by striking out the following: "windmill or" 
Amend the bill in Part A in section 2 in §480-HH in subsection 1 by relettering the 
paragraphs to read consecutively. 
Amend the bill in Part A in section 2 in §480-HH in subsection 2 in the 3rd line (page 
3, line 1 in L.D.) by striking out the following: "an individual permit is not required" and 
inserting the following: 'a permit is not required under section 480-C' 
Amend the bill in Part A in section 2 in §480-HH in subsection 3 in paragraph F by 
striking out all of subparagraph (1) (page 5, lines 1 to 6 in L.D.) and inserting the 
following: , 
'(1). A boundary defining an exclusion zone around the proposed generating 
facilities, anchoring system, submerged utility line and other project elements, if 
any, in which specified types of navigation and underwater activities. 
incompatible with project operations may not be conducted. Any such exclusion 
zone must be specified with global positioning system coordinates and be 
designed to minimize potential conflicts with other existing uses in the area and 
may be no larger than the applicant demonstrates is necessary to achieve the 
purposes of the offshore wind energy demonstration project;' 
Amend the bill in Part A in section 2 in §480-HH in subsection 3 in paragraph Fin 
subparagraph (2) in the first line (page 5, line 7 in L.D.) by inserting after the following: 
"zone" the following: " specified pursuant to subparagraph (1),' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 545, L.D. 1465 
Amend the bill in Part A in section 2 in §480-HH in subsection 3 in paragraph G in 
the 2nd line (page 5, line 26 in L.D.) by inserting after the following: "days of' the 
following: 'expiration or' 
Amend the bill in Part A in section 2 in §480-HH in subsection 3 in paragraph H in 
the 7th line (page 6, line 23 in L.D.) by inserting after the following: "Service;" the 
following: 'the lobster management policy council established under Title 12, section 
6447 for the lobster management zone in which the offshore wind energy demonstration 
project is proposed;' 
Amend the bill in Part A in section 2 in §480-HH in subsection 3 in paragraph K in 
the last line (page 6, line 45 in L.D.) by striking out the following: "proposed; and" and 
inserting the following: 'proposed. This paragraph does not apply to an application by 
the University of Maine System for a project, funded in whole or part with state or federal 
funds and proposed for location in the Maine Offshore Wind Energy Research Center, 
that employs offshore wind energy technology for which the department has not 
previously granted a general permit under this section; and 
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Amend the bill in Part A in section 2 in §480-HH in subsection 4 in the first line 
(page 7, line 8 in L.D.) by striking out the following: "Work may not occur until 60 days 
after" and inserting the following: 'There is a 60-day review period for applications for a 
general permit for an offshore wind energy demonstration project under this section. The 
review period begins on the date that' 
Amend the bill in Part A in section 2 in §480-HH by striking out all of subsection 5 
(page 7, lines 11 to 16 in L.D.) and inserting the following: 
'5. Notification. Except as otherwise provided by subsection 13, the department 
shall notify an applicant in writing within the review period pursuant to subsection 4 if 
the department determines that the requirements of this section have not been met. The 
notification must specifically cite the requirements of this section that have not been met. 
If the department has not notified the applicant under this subsection within the review 
period, a general permit is deemed to have been granted as of the date immediately 
following the final day ofthe review period specified in subsection 4.' 
Amend the bill in Part A in section 2 in §480-HH in subsection 6 in the 4th line 
(page 7, line 20 in L.D.) by inserting after the following: 
"assessed" the following: 
" pursuant to section 352,' 
Amend the bill in Part A in section 2 in §480-HH by striking out all of subsections 8, 
and 10 and inserting the following: 
'8. General permit term. Except as otherwise provided in subsections 9 to 12, a 
general permit granted under this section authorizes conduct of the approved offshore 
wind energy demonstration project in accordance with this subsection: 
A. If the offshore wind energy demonstration project is not located in the Maine 
Offshore Wind Energy Research Center, conduct of the project is authorized for 3 
years from the date that construction of a permitted structure on submerged lands is 
initiated or 5 years from the date on which the general permit has been granted 
pursuant to subsection 5, whichever first occurs; or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 545, L.D. 1465 
B. 
If the offshore wind energy demonstration project is located in the Maine 
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Offshore Wind Energy Research Center, conduct of the project is authorized for 5 
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years from the date that construction of a permitted structure on submerged lands is 
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initiated or 7 years from the date on which the permit has been granted pursuant to 
subsection 5, whichever first occurs. 
The applicant must provide the department written notice. of. the date of initiation of 
construction within 7 days of its commencement.· Except as otherwise provided by 
subsection 9, the department may not extend the term of a general permit granted under 
this section. 
9. Extensions to permit term. The department may grant one or more extensions of 
the general permit telin in accordance with this subsection. 
A. The department may grant one or more extensions of the general permit term, 
each for a period of 6 months or less, if, prior to expiration of the general permit 
term, the applicant has filed completed applications for all requisite state license and 
permit approvals for a wind energy development, as dermed by Title 35-A. section 
3451, subsection 11, located wholly or partly where the offshore wind energy 
demonstration project is located. The department may not grant an extension under 
this paragraph for a project located in the Maine Offshore Wind Energy Research 
Center. 
B. The department shall grant one or more extensions, each of which may not exceed 
years, of the general permit term for an offshore wind energy demonstration project 
that is funded in whole or in part with state or federal funds and is located in the 
Maine Offshore Wind Energy Research Center if the applicant provides written 
evidence that the University of Maine System has determined that the extension is 
necessary to fulfill the research and development objectives ofthe project. 
10. Surrender; demonstrated progress required. If the department determines 
that the applicant has not completed or made substantial and ongoing progress to 
complete construction of all project elements within one year of the date on which the 
general permit has been granted pursuant to subsection 5, the applicant must surrender its 
general permit, subject to conditions regarding project removal pursuant to subsection 11. 
An applicant may surrender to the department a general permit granted pursuant to this 
section prior to its expiration pursuant to subsection' 8 or 9. 
Subject to conditions 
regarding project removal under subsection 11, the general permit terminates on the date 
ofits surrender pursuant to this subsection.' 
Amend the bill in Part A in section 2 in §480-HH in subsection 11 in the first line 
(page 8, line 12 in L.D.) by striking out the following: "termination of the project" and 
inserting the following: 'expiration or termination of a general permit' 
Amend the bill in Part A in section 2 in §480-HH in subsection 11 in the 2nd line 
(page 8, line 13 in L.D.) by striking out the following: 
"or 10" and inserting the 
following: " 10 or 12' 
Amend the bill in Part A in section 2 in §480-HH by inserting after subsection 14 the 
following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 545, L.D. 1465 
'15. Number of projects in the Maine Offshore Wind Energy Research Center. 
Notwithstanding any provision of law to the contrary, a general penuit may not be 
granted under this section for an offshore wind energy demonstration project that is 
proposed for location within the Maine Offshore Wind Energy Research Center if grant 
of that general permit would authorize more than 6 ocean energy generating units to be 
sited and in operation at anyone time within the Maine Offshore Wind Energy Research 
Center.' 
Amend the bill in Part C in section 1 in § 1868 by striking out all of subsection 1 and 
inserting the following: 
'1. 
Site identification process. 
No later than December 15, 2009, following 
consultation with the Department of Environmental Protection, the Public Utilities 
Commission, the Department of Inland Fisheries and Wildlife, the Maine Land Use 
Regulation Commission, the Department of Marine Resources, the Maine Historic 
Preservation Commission and the University of Maine System and opportunity for public 
comment, the department, in conjunction with the Executive Department, State Planning 
Office, shall identify and map up to 5 specific offshore wind energy test areas.. An 
offshore wind energy test area identified under this subsection must be a geographic area 
on state~owned submerged lands suitable for offshore wind energy demonstration projects 
constructed and operated in accordance with Title 38, section 480-HH. In identifying 
each such area, the department must consider existing infonuation regarding pertinent 
ecological, environmental, social and development-related factors, including but not 
limited to: 
. A. Potential adverse effects on a protected natural resource, as dermed by Title 38, 
section 480-B, subsection 8, or a scenic resource of state or national significance, as 
defined by Title 35-A, section 3451, subsection 9; 
B. Potential adverse effects on species listed as threatened or endangered under 
section 6975 or section 12803, subsection 3; avian species, including seabirds, 
passerines, raptors, shorebirds, water birds and waterfowl; bats; and marine 
mammals; 
C. Potential adverse effects on commercial fishing, recreation, navigation, existing 
public access ways to intertidal and subtidal areas and other existing uses; 
D. 
Proximity to deep water port facilities, rail transportation, transmission 
infrastructure facilities and existing ocean-based environmental monitoring devices; 
E. Data regarding wind speed, ocean wave height and period, ocean currents and 
water depth; 
F. Geology, including substrate type and other seafloor characteristics; 
G. Public support in pertinent coastal communities; and 
H. Historic sites and archaeological resources of state or national significance.' 
Amend the bill in Part C in section 1 in § 1868 by striking out all of subsection 3 and 
inserting the following: 
'3. Modification of identified offshore wind energy test areas. Following the 
identification of offshore wind energy test areas under subsection 1, the department may, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 545, L.D. 1465 
following. notice and opportunity for public comment, add to, remove or other otherwise 
modify the list of offshore wind energy test areas identified under subsection 1. In 
making modifications under this subsection, the department is subject to the site 
identification criteria under subsection 1, except that modifications under this subsection 
may result in more than 5 identified areas. 
4. Judicial review. The identification of an offshore wind energy test area or areas 
under subsection 1 or subsection 3 constitutes final agency action.' 
Amend the bill in Part D in section 4 in paragraph E in the first line (page 11, line 17 
in L.D.) by inserting after the following: "A" the following: 'permit or other approval by 
the commission is not required for a' 
Amend the bill in Part D in section 4 in paragraph E in the last line (page 11, line 19 
in L.D.) by striking out the following: "is not subject to review and approval by the 
commission" 
Amend the bill by inserting at the end before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The amendment makes the following changes to the bill: 
1. It clarifies the language in the bill regarding the specification of an exclusion zone 
around an offshore wind energy demonstration project; 
2. It adds the lobster management policy council for the lobster management zone in 
which an offshore wind energy project is proposed to the list of required entities with 
whom an applicant for a general permit for an offshore wind energy demonstration 
project must consult in the development of plans required as part of the general permit 
application; 
3. It adds a provision to allow the University of Maine System to hold more than one 
general permit for an offshore wind energy project in the Maine Offshore Wind Energy 
Research Center as long as the projects employ differing wind energy technologies; 
4. It clarifies the provisions in the bill regarding the application review period, the 
term of a general permit, permit extensions and the termination of offshore wind energy 
developments and adds language to provide an initial5-yearproject period for projects in 
the Maine Offshore Wind Energy Research Center, as compared with the initial 3-year 
project period for projects located elsewhere; 
5. It adds language to limit the number of ocean energy generating units in the Maine 
Offshore Wind Energy Research Center to 6 units in operation at anyone time in that 
area and it provides a definition of ocean energy generating units; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 545, L.D. 1465 
6. It clarifies the language in the bill regarding the initial identification of offshore 
wind energy test areas by the ,Department of Environmental Protection and subsequent 
modification of the initial list of identified areas; 
7. It adds language to provide that identification of an offshore wind energy test area 
or areas constitutes final agency action of the Department of Conservation; and 
8. It adds an emergency preamble and emergency clause. 
PlSCAL NOTE REQUIRED 
(SeB Attached) 
COMMITTEE AMENDMENT 
Revised:-05/27/09, ?-:Pac 
LD 1465 
LR 1969(02) 
An Act To Facilitate Te'sting and Demonstration of Renewable Ocean Energy Technology 
Fiscal Note for Bill as Amended by Committee Amendment'~" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
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TIlls bill allows the Department of Conservation to designate one of the offshore wind energy test areas as the Maine 
Offshore Wind Energy Research Center for use by offshore wind energy demonstration projects conducted by or in''. 
cooperation with the University of Maine System in a manner that is consistent with the System's offshore wind,) 
energy research and development-related objectives. The University of Maine System has indicated that it will only 
proceed with the development of this center if external funding is available. LD 913, An Act To Authorize Bond 
Issues for Ratification by the Voters for the November 2009 and June 2010 Elections, includes a request for a bond 
issue of $7,500,000 for the Maine Marine Wind Energy Demonstration Site Fund for research, development and 
product innovation associated with developing one or more ocean wind energy demonstration.sites. These funds are 
contingent upon approval by the voters in the November 2009 general election. 
Additional costs to the University of Maine System, the State Planning Office and the Maine Historic Preservation 
Commission associated with consulting with the Department of Conservation on the site identification process can be 
absorbed within existing budgeted resources. The additional costs to the Department of Environmental Protection 
associated with pennitting requirements and other duties can be absorbed within existing budgeted resources. 
LR1969(02) - Fiscal Note - Page 1 of 1 
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