An Act To Implement the Recommendations ofthe Governor's Ocean Energy Task Force
Maine Legislature, Session 124, LD 1810
Committee: Utilities and Energy
Sponsors: HOBBINS, FITTS, RAYE, BERRY
Amends: 38 MRSA §631, 12 MRSA §1862, 12 MRSA §1863, 12 MRSA §1863-A, 36 MRSA §655, 36 MRSA §661, 12 MRSA §682, 12 MRSA §685-B, 12 MRSA §68, 38 MRSA §341-D, 38 MRSA §344-A, 38 MRSA §346, 38 MRSA §480-D, 38 MRSA §480-E, 38 MRSA §482, 38 MRSA §484, 38 MRSA §488, 38 MRSA §634-A, 30-A MRSA §4352, 30-A MRSA §4361

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
Legislative Document 
No.l~UO 
S.P.710 
In Senate, March 4, 2010 
An Act To Implement the Recommendations ofthe Governor's 
Ocean Energy Task Force 
(EMERGENCy) 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
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, Presented by Senator HOBBINS of York. (GOVERNOR'S BILL) 
Cosponsored by Representative FITTS of Pittsfield and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senator: RAYE of Washington, Representative: BERRY of Bowdoinham. 
Printed on recyc.led paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in 2008, crude oil prices reached $147 per barrel; and gasoline and 
heating oil prices reached over $4 per gallon, highlighting our State's long over-reliance 
on oil for home-heating and fuel for our vehiCles and on natuj'al gas and other fossil fuels 
to produce electricity; and 
Whereas, along with the foreseeable prospect of prolonged high or higher fossil fuel 
prices, the implications of climate change, driven by greenhouse gas emissions from 
. combustion of fossil fuels, and its attendant threats to the environment, economy, social 
fabric and human health underscore the urgent need to significantly reduce and minimize 
our State's dependence on oil and gas; and 
Whereas, renewable ocean energy holds enormous promise to address our state and 
regional energy goals, including energy independence and security and limiting exposure 
to fossil fuels' price and sllpply volatility; to ensure attainment of our greenhouse gas 
emissions reduction goals; and to provide significant economic opportunities for our 
citizens; and 
Whereas, state and adjoining federal waters feature significant offshore wind, tidal 
and wave power energy resources, including world-class and untapped deep-water wind 
resources with the potential to meet the full range of the State's energy needs, such as 
lighting and power for appliances, heat for our homes and fuel for our cars, with the 
potehtial to make the State a net energy exporter; and 
Whereas, the Governor's Ocean Energy Task Force identified and made 
recommendations to overcome .. economic, technical and regulatory obstacles and to 
provide economic incentives for vigorous and efficient development of these promising 
indigenous, renewable ocean energy resources in ways that recognize the concurrent need 
to sustain the ongoing biological integrity, vitality and productivity and related existing 
uses of those natural resources and to ensure provision of benefits to the people of the 
State for use of public resources for renewable ocean energy production; and 
Whereas, although additional research and related technological advances are 
needed for efficient commercialization of deep water offshore wind power, varied and 
significant potential public benefits attributable to development and transition over time 
to optimal use of this resource and the State's other renewable ocean energy resources 
necessitates action now to position the State to capture these benefits for the people of the 
State; and 
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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, 
B·e it enacted by the People of the State of Maine as follows: 
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PART A 
Sec. A-I. 3S-A MRS A §3132, sub-§l-B, as enacted by PL 2007, c. 148, §2, rs 
amended to read: 
1-B. 
Exception; generator interconnection transmission facility. 
The 
construction of a generator interconnection transmission facility is not subject to the 
j'equirements of this section,· unless the commission· has designated the generator 
interconnection transmission facility as an energy infrastructure corridor under section 
122, subsection 2 and authorizes recovery of the costs of the facility from ratepayers 
under subsection 6. For the purposes of this subsection, "generator interconnection 
transmission facility" means a transmission line, together with alI associated equipment 
and facilities, that is constructed, owned and operated by a generator of electricity solely 
for the purpose of electrically and physically interconnecting such generator to the 
transmission system of a transmission and distribution utility. 
Sec. A-2. 3S-A MRS A §3132, sub-§6, as amended by PL 2009, c. 309, §3, is 
further amended to read: 
6. 
Commission order; certificate of public convenience and necessity. In its 
order, the commission shall make specific findings with regard to the public need for the 
proposed transmission line. If the commission finds that a public need exists, it shall 
issue a certificate of public convenience and necessity for the transmission line. 
In 
determining public need, the commission shall, at a minimum, take into account 
economics, reliability, public health and safety, scenic, historic and recreational values, 
state wind energy generation goals for generating facilities located in coastal waters 
established in section 3404, subsection 2, the proximity of the proposed transmission line 
to inhabited dwellings and alternatives to construction of the transmission line, including 
energy conservation, distributed generation or load management. The commission may 
determine that there is a public need for a transmission line that is sized to serve not only 
current load bur also reasonably anticipated future growth of generation capacity -needed 
to attain state wind energy generation goals for generating facilities located in coastal 
waters established in section 3404, subsection 2. if it finds that deployment of the line as 
proposed may minimize long-term transmission and distribution system costs. If the 
. commission ordei'S or allows the erection of the transmission line, the order is subject to 
all other provisions of law and the right of any other agency to approve the transmission 
line. The commission shall, as necessary and in accordance with subsections 7 and 8, 
consider the findings of the Department of Environmental Protection under Title 38, 
chapter 3, subchapter 1, article 6, with respect to the proposed transmission line and any 
modifications ordered by the Department of Environmental Protection to lessen the 
impact of the proposed transmission line on the environment. A person may submit a 
petition for and obtain approval of a proposed transmission line under this section before 
applying for approval under municipal ordinances adopted pursuant to Title 30-A, Part 2, 
Subpali 6-A; and Title 38, section 438-A and, except as provided in subsection 4, before 
identifying a speoific route or route options for the proposed transmission line. Except as 
provided in subsection 4, the commission may not consider the petition in~ufficient for 
failure to provide identification of a route or route options for the proposed transmission 
line. The issuance of a celiificate of public convenience and necessity establishes that, as 
of the date of issuance of the certificate, the decision by the person to erect or construct 
was prudent. 
At the time· of its issuance of a cel1ificate of public convenience and 
necessity, the commission shall send to each municipality through which a proppsed 
corridor or corridors for atransmission line extends a separate notice that the issuance of 
the certificate does not override, supersede or otherwise affect municipal authority to 
regulate the siting of the proposed transmission .line. The commission may deny a 
certificate of public convenience and necessity for a transmission line upon a finding that 
the transmission line. is reasonably likely to adversely affect any transmission and 
distribution utility or its customers. The commission may grant a cel1ificate of public 
convenience and necessity for a generator interconnection transmission facility, as 
defined in subsection I-B, associated with a renewable ocean energy project, as defined 
by Title 12, section 1862, subsection!, paragraph F-l,if, in addition to determiningthat 
there is a public need, the commission determines that the project has received all 
necessary environmental· license and permit approvals and a state submerged lands lease 
pursuant to Title 12, section 1862, subsection 13 and would advance state renewable 
energy-related goals, including those established by section 3404, subsection 2 for 
generating facilities located in coastal waters. If the commission determines that the 
generator would not otherwise be able to· finance the generator interconnection 
transmission facility and the .standard for issuance of a certificate of public convenience 
and necessity under this section is met, the commission may direct that the applicable 
transmission and distribution utility construct and own the generator interconnection 
transmission facility for which a certificate of public convenience and necessity is issued 
and that the reasonable costs of construction of that "facility be incorporated into pertinent 
transmission and distribution rates. 
Sec. A-3. 35-A MRS A §3402, sub-§l, as enacted by PL 2007, c. 661, Pt. A, §4, 
is amended to read: 
1. Contribution of wind energy development. The Legislature finds and declares 
that the wind energy resources of the State constitute a valuable indigenous and 
renewable energy resource and that wind energy development, which is unique in its 
benefits to and impacts on the natural environment, makes a significant contribution to 
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the general welfare of the citizens of the State for the following reasons: 
A. Wind energy is an economically feasible, large-scale energy resource that does 
not rely on fossil fuel combustion or nuclear fission, thereby displacing electrical 
energy provided by these other sources and avoiding air pollution, waste disposal 
problems and hazards to human health from emissions, waste and by-products; 
consequently, wind energy development may address energy needs while making a 
significant contribution to achievement of the -State's renewable energy and 
greenhouse gas reduction objectives, including those in Title 38, section 576; aH6 
B. At present and increasingly in the future with anticipated technological advances 
that promise to increase the number of pl~ces in the State where grid-scale wind 
energy development is economically viable, and changes in the eleCtrical power 
market that favor clean power sources, wind energy may be used to displace 
electrical power that is generated from fossil fuel combustion and thus reduce our 
citizens' dependence on imported oil and natural gas and improve environmental 
quality and state and regional energy security.; and 
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C. 
Renewable energy resources within the State, particularly those in its coastal 
waters, have the potential to produce electricity needed to corivert the State's homes 
and businesses from oil heat and liquid petroleum fuels to electric heat pumps and 
thermal energy storage and replace petroleum-fueled motor vehicles with electric 
motor vehicles. 
Electrification of heating and transportation would increase the 
State's energy independence, help to stabilize total residential and commercial energy 
bills and reduce greenhouse gas emissions. 
Sec. A-4. 3S-A MRS A §3402, sub-§3 is enacted to read: 
3. 
Transition to more efficient energy sources for home heating and 
'transportation. The Legislature finds that replacement of motor vehicles and conversion 
of residential and commercial heating systems in previously weatherized structures to 
more efficient energy sources, including electric heat pumps and electric motor vehicles, 
furthers state goals regarding energy independence and reduction of overall energy costs 
and greenhouse gas emissions and furthers the State's ocean and other renewable energy 
resources goals, including those established in section 3404, subsection 2. 
Sec. A-S. 3S"A MRSA §3404, sub-§l, as enacted by PL 2007, c. 661, Pt. A, §6, 
is amended to read: 
1. Encouragement of wind energy-related development. It is the policy of the 
State that, in furtherance of the goals 'established in subsection 2, its political 
subdivisions, agencies and public officials take every reasonable action to encourage the 
attraction of appropriately sited development related to wind energy, including any 
additional transmission and other energy infrastructure needed to transport additional 
offshore wind energy to market, consistent with all state environmental standards; the 
permitting and financing of wind energy projects; and the siting, permitting, financing 
and construction of wind energy research and manufacturing facilities. 
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Sec. A-6. 3S-A MRSA §3404, sub~§2, as enacted by PL 2007, c. 661, Pt. A, §6, 
is amended to read: 
2., State wind energy generation goals. The goals for wind energy development in 
the State are that there be: 
A. At least 2,000 megawatts of installed capacity by 2015; aOO 
B. 
At least 3,000 megawatts of installed capacity by 2020, of 'tvhich there is a 
potential to produce including 300 megawatts or more from generation facilities 
located in coastal waters, as defiried, by Title 12, section 6001,' subsection 6, or in 
proximate federal waters-;-; and 
C. 
At least 8,000 megawatts of installed capacity by 2030, including 5,000 
megawatts from generation facilities located in coastal waters, as defined by Title 12, 
section 6001, subsection 6, or in proximate federal waters. 
Sec. A-7. 38 MRSA §631, sub-§3 is enacted to read: 
3. 
Encouragement of tidal power development. 
The Legislature finds that 
development of the State's tidal power resources has potential to provide significan't, 
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. interrelated energy, environmental and economic development benefits to the State. The· 
Legislature declares that it is the policy of the State to support and encourage timely and 
efficient development of tidal power resources at optimal locations in the State's coastal 
waters in a manner that ensures reasonable protection of natural resources and the publ ic 
interest in the use of coastal waters of the State. The Legislature directs its political 
subdivisions, agencies and public officials, in accordance with pertinent legal authorities, 
to take every reasonable action to encourage the attraction of appropriately sited 
development related to tidal power consistent with all state environmental standards; the 
permitting and financing of tidal power projects; and the siting, permitting, financing and 
construction of tidal power research and manufacturing facilities. 
Sec. A-S. Heating conversion program. No later than January 15, 20 11, the 
Department of Environmental Protection, in consultation· with the Public Utilities 
Commission, the Finance Authority of Maine and the Efficiency Maine Trust, if adequate 
funding is received, shall develop a program that provides incentives for home and 
business owners in the State to convert their fossil fuel-powered home or business heating 
systems to more efficient, less polluting electric-powered systems. In developing the 
program, the department shall consider pertinent amllyses and recommendations In the 
final report of the Ocean Energy Task Force created pursuant to Executive Order 20 
FY08/09,· including but not limited to those in Appendix 3 of that report. The program 
developed pursuant to this section must include the following: 
1. Definitions of the types of electric-powered home heating systems that qualify for 
. support under the program; 
2. 
Clarification that only a home or business location that meets a specified 
electricity use efficiency standard developed in accordance with the Executive 
Department, Governor's Office of Energy Independence and SeGurity is eligible for 
financial support through the program; 
273. A formula for proVISIOn of financial support that reflects the total cost of 
installation of qualified electric-powered heating systems, the size of internal areas of the 
home or business location to be heated with such a system and other pertinent factors~ 
4. Assurance that a homeowner or business owner has the opportunity to realize 
savings in heating costs through participation in the program; 
S. A mechanism that allows a homeowner or business owner that participates in the 
program to avoid or defer costs related to system installation by financing such costs 
through an added charge on the. homeowner's or business owner's monthly bill for electric 
util ity services; and, 
6. 
As an added incentive for participation in the program, a cap on the rate of 
increase or price of electricity charged to a participating homeowner or business owner 
over a 20-year term or other contract term that the department considers appropriate. 
No later than January 15, 2011 and prior to implementation of the program, the 
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Department of Environmental Protection shall report to the joint standing committee of 
the Legislature having jurisdiction over utilities and energy matters on the program 
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developed pursuant to this section and shall include in this report recommended 
legislation, if any, necessary or appropriate for its implementation. The joint standing 
committee of the Legis[ature having jurisdiction over utilities and energy matters may 
report out a bill to address the department's recommendation pursuant to this section. 
Sec. A-9. Moral obligation credit enhancement program. No later than 
January IS, 20 II, the Finance Authority of Maine, in consultation with the Department of 
Environmenta[ Protection, the Public Utilities Commission and the Efficiency Maine 
Trust, shall .deve[op a moral obligation credit enhancement program modeled on the 
electric rate stabi[i,zation projects program established by Public Law 1993, chapter 712· 
to use the State's credit rating to reduce financing costs of electric ratepayer-backed 
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renewable ocean energy projects, as defined by the Maine Revised Statutes, Tit[e 12, 
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section 1862, subsection [, paragraph F-I, and projects for conversion to electric heating 
[3. 
qualified for support under the heating conversion program developed by the Department 
of Environmental Protection pursuant to this Act. The purpose of the program developed 
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pursuant to this section is to provide state financial' assistance to qualified projects that do 
not pose a significant risk of financial loss to the State and that will support the goals of 
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assisting in the development of commercial-scale renewable ocean energy projects or the 
conversion of energy demand away from the use of oil or gas as a primary energy source, 
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No later than January [5, 20 [I and prior to initiation of the program, the Finance 
. Authority of Maine shall report to the joint standing committees of the Legislature having 
jurisdiction over utilities and energy \ matters and business, research and economic 
development matters on the program developed pursuant to this section and shall include 
in this repoli recommended legislation, if any, necessary or appropriate for its 
implementation. The joint standing committees of the Legislature having jurisdiction 
over utilities and energy matters and business, research and economic development 
matters may repOli out a bill to .address the authority'S recommendation pursuant to this 
section. 
Sec. A-tO. 
Competitive solicitation; renewable ocean energy projects; 
long-term contract. Following development and consideration of the recommendation 
required under this section and, except as otherwise provid~d by this section, in 
accordance with the Maine Revised Statutes, Tit[e 35-A, section 3210-C, the Public 
Utilities Commission shall conduct a competitive solicitation for propos,als for offshore 
wind, tidal and wave energy produced by one or more renewable ocean energy projects, 
as defined by Title [2, section 1862, subsection I, paragraph F-I, employing generating 
facilities located in the State's coastal waters or adjoining federal waters. 
Following 
review of bids, the commission may negotiate with one or more potential suppliers. The 
commission may direct one or more transmission and distribution utilities, as appropriate, 
to enter into a long-term contract of up to 20 years for the energy, capacity and rcnewab[e 
energy credits of one or more of the renewable ocean energy projects if the commission 
determines that: 
I .. The bidder has the technical and financial capacity to develop, construct and 
operate the project that would produce the energy to be acquired; and 
2. AcquisitiOll of the energy, capacity and renewable energy credits at the price and 
other terms proposed would not have an unreasonable impact on the electricity rates of 
the transmission and distribution utility. 
No later than March 15, 201 1, . the Executive Department, Office of Energy 
Independence and Security shall make a recommendation to the joint standing committee 
of the Legislature having jurisdiction over utilities and energy matters regarding 
determination of the impact on electricity rates for purposes of subsection 2. In making 
this recomm~ndation, the office shall consider the following: 
risks to ·ratepayers 
associated witl~ fossil fuel price volatility overthe next 20 years; state goals regarding 
greenhouse gas .emissions reductions established in Title 38, section 576; state wind 
energy generation goals under Title 35-A, section 3404, subsection 2; estimated energy 
and cost savings attributable to state programsthat support weatherization and conversion 
of homes to more efficient heat sources: and other potential benefits attributable to the 
development of offshore wind, tidal and wave energy, including but not limited to public 
health, job creation and other economic benefits and .enetgy security. The joint standing 
committee of the Legislatilre having jurisdiction over utilities and energy matters. may 
report out a bill to address the office's recommendation pursuant to this section. 
Sec. A-ll. State energy plan amendment. No later than September 15,2010, 
the Executive Department, Governoi"s Office of Energy Independence and Security shall· 
amend the state energy plan under Title 2, section 9 to acknowledge the need for new 
transmission capacity to support attainment of state offshore wind energy generation 
goals established in the Maine Revised Statutes, Title 35-A, section 3404, subsection 2. 
Sec. A-12. Assess the need for p.ort-side land acquisition. No later than 
January 15, 2011, the Maine Port Authority shall assess existing port facilities in the State 
and make a recommendation to the joint standing committees of the Legislature having 
jurisdiction over transportation matters and utilities and energy matters regarding 
acquisition of real estate needed to facilitate renewable ocean energy development 
opportunities. 
PART B 
Sec. B-1. 12 MRSA §1862, as amended by PL 2009, c. ·270, Pt. B, § 1 and c. 316, 
§§ 1 to 6 and affected by §7, is further amended to read: 
§1862. Submerged and intertidal lands owned by State 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings . 
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A. 
"Commercial fishing activity" means any activity involving the landing ·or 
processing of shellfish, finfish or other natural products of the sea or other activities 
directly related to landing or processing shellfish, finfish or natural sea products. 
"Commercial fishing activity" includes loading or selling those products and fueling.· 
B. 
"Dockominium" means siip space that is sold or leased by a lessee of submerged 
lands to a boat or vessel owner for more than one year. 
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C. 
"Fair market rental value," for all uses. of submerged lands except slip space 
rented or otherwise made available for private use for a fee, means the municipally 
assessed value per square foot for the adjacent upland multiplied by a reduction factor 
plus a base rate based on the use of the leased submerged land as specified in this 
section. This value is then multiplied by the square foot area of the proposed lease 
area to determine the annual rental rate. For slip space rented orothe..wise made 
available for private use for a fee, the fair market" rental value is the gross income 
from that space multiplied by a reductiori factor as specified in this section based on 
the use of the leased submerged land. 
D. 
"Gross income" means the total annual income received by a lessee from 
seasonal pr transient rental to the general public of slip space over submerged land. 
For dockominiums, slips that are part of a residential condominium, boat clubs and 
other facilities with slip space that is not rented or leased to the general public, the 
director shall detenninegross income by calculating a regional average slip space 
rental fee and applying that to the portion of total linear length of slip space made 
available to private users for any portion of that year. 
E. 
"Occupying," in terms of a structure or alteration, means covering the total area 
of the structure or alteration itself to the extent that the area within its boundaries is 
directly on or over the state-owned lands. 
E-l. "Offshore project" m'eans a project that extends beyond localized development 
adjacent to a single facility or property. "Offshore project" includes, but is not limited 
to, tanker ports, ship berthing platfonns requiring secondary transport to, .shore, an 
interstate or international pipeline or cable and similar projects. "Offshore projecf' 
does not include ashore-based pier, marina or boatyard or utility cable and pipelines 
.serving neighboring communities or islands. "Offshore project" does not include .1! 
wind .fa.!:ms, tidal aruJ.~ wave energy facilities or other offshore renewable ocean 
energy projects project. 
F. 
"Permanent" means occupying submerged and intertidal lands owned by the 
. State during 7 or more months during anyone caleridar year. 
F-l. "Renewable ocean energy project" means one or more of the following located 
in coastal wetlands, as defined by Title 38, section 480-B, subsection 2: 
(1) An offshore wind power project, as defined by Title 38, section 480-B, 
subsection 6-A or by Title 38, section 482, subsection 8, and with an aggregate 
generating capacity of 3 megawatts or more; 
(2) A community-based offshore wind energy project, as defined by section 682, 
subsection 19; 
(3) A hydropower project, as defined by Title 38, section 632, subsection 3, that 
uses tidal or wave action as a source of electrical or mechanical power; or 
(4) Other development'activity that produces electric or mechanical power solely 
through use of wind, waves, tides, currents, ocean temperature clines, marine 
biomass or other renewable sources in, on or over the State's coastal waters, as 
defined by section 600 I, subsection 6, to the 3-mile limit of state ownership 
recognized under the federal Outer Continental Shelf Lands ACt, 43 United States 
Code, Chapter 29, Subchapter III (2009), and that includes both "generating 
facilities," as defined by Title 35-A, section 3451, subsection 5 and "associated 
facilities," as defined by Title 3 5-A, section 3451, subsection I. 
G. 
"Slip space" means the area adjacent to a pier or float that is used for berthing a 
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boat. 
2. Submerged lands leasing program. The director may conduct a subrperged 
lands leasing progam program under which, except as otherwise provided by subsection 
ll" the director may lease', for a term of years not exceeding 30' and with conditions the 
director considers reasonable, the right to dredge, fill or erect permanent causeways, 
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bridges, marinas, wharves, docks, pilings, moorings or other permanent structures on 
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submerged and intertidal land owned by the State. The director may refuse to lease 
submerged lands if the director determines that the lease will unreasonably interfere with 
customary or traditional public access ways to or public trust rights in, on. or over the 
intertidal or submerged lands and the waters above those lands. 
A.. 
For fill, permanent causeways, bridges, marinas, wharves, docks, pilings, 
moorings or other permanent structures and for nonpermanent structures occupying a 
total of 500 square feet or more of submerged-land or occupying a total of 2,000 
square feet or more of submerged land if used exclusively for commercial fishing 
activities: 
(1) +He Except as otherwise provided by subsection 13, the director shall charge 
the lessee a rent that practically approximates the fair market rental value of the 
submerged land. 
The reduction factors and base rate for use categories are as 
follows: 
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(a) A reduction factor of 0% with no base rate or rental fee for nonprofit 
organizations or publicly owned facilities that offer free public use or public 
use with nominal user fees. 
Public uses include, but are not limited to, 
municipal utilities and facilities that provide public access to the water, town 
wharves, walkways, fishing piers, boat launches, parks, nature reserves, 
swimming or skating areas and otherprojects designed to allow or enhance 
public recreation, fishing, fowling and navigation and for which user fees are 
used exclusively for the maintenance of the facility; 
(b) A reductiOn factor of 0.1 % plus a base rate of $0.025 per square foot for 
commercial fishing uses of renewable aquatic resources. Commercial uses of 
renewable aquatic resources include, but are not limited to, facilities that are 
directly involved in commercial fishing activities. Such facilities include, but 
are not limited to, fish piers, lobster impoundments, fish proces~ing facilities 
and floats or piers for the storage of gear; 
(c) A reduction factor of 2% for any slip space rented or otherwise made 
available for private use by commercial fishing boats for a fee; 
(d) A reduction factor of 0.2% plus a base rate of $0.05 per square foot for 
water-dependent commerce, industry and private uses. 
Water-dependent 
commerce, industry and private uses other. than commercial uses of 
renewable ~quatic resources include, but are not limited to, all facilities that 
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are functionally dependent upon a waterfront location, can not reasonably be 
located or operated on an upland site or are essential to the operation of the 
marine industry. 
Such facilities include, but are not limited to, privately 
owned piers and docks, cargo ports, private boat ramps, shipping and ferry 
terminals, tug and barge facilities, businesses that are engaged in watercraft 
construction, maintenance or· repair, aquariums and the area within marinas 
occupied by service facilities, gas docks, breakwaters and other structures not 
used for slip space; 
(e) A reduction factor of 4% for any slip space rented .or otherwise made 
available for private use for recreational boats for a fee; and 
(f) A reduction factor of 0.2% for upland uses and fill located on spbmerged 
lands prior to July 1,2009 and 0.4% for new upland uses and fill after July 1, 
2009 plus a base rate of $0.05 per square foot. Upland uses include, but are 
not limited to, all uses that can operate in a location other than on. the 
waterfront or that are not essential to the operation of the marine industry. 
These facilities include, but are not limited to, residences, offices, restaurants 
and parking lots. Fill must include the placement of solid material other than 
pilings or other open support structures upon submerged lands. 
If the director determines that the municipally assessed value of the adjacent 
upland is not an accurate indicator of the value of submerged land, the director 
may make adjustments in the municipally assessed value so that it more closely 
reflects the value of comparable waterfront properties in the vicinity or require 
the applicant to provide an appraisal of the submerged land. The appraisal must 
be approved by the director. 
For offshore projects where municipally assessed value for the adjacent upland or 
submerged lands appraisals are unavailable or the director determines that such 
assessment or appraisals do not accurately indicate the value of the submerged 
land, the director may establish the submerged lands annual rental rate and other 
public compensation as appropriate by negotiation between the bureau and the 
applicant. In such cases the annual rent and other public compensation must take 
into account the proposed use of the submerged lands, the extent to which 
traditional and customary public uses may be diminished, the public benefit of 
the project, the economic value of the project and the avoided cost to the 
applicant. If the State's ability to determine the values listed in this paragraph or 
to carry out negotiations requires expertise beyond the program's capability, the 
applicant must pay for the costs of contracting for such expertise; 
(2) After Qctober 1, 1990, the director may revalue all existing rents to full fair 
market rental value. 
Rents for all uses except slip space may be adjusted 
annually as needed over a period not to exceed 5 years until the full fair market 
rental value is reached. After the full fair market rental value is reached, the 
director may revalue rents for all uses except slip space every 5 years based on 
changes in municipally assessed value and programmatic cost adjustments to the 
base rate. Adjustments to the base rate may not exceed 4% per year. Rents for 
slip space may fluctuate annually depending on the gross income of the facility; 
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(3) +fl.e Except as otherwise provided by subsection 13, the director may also 
_ lease a buffer zone -of not more than 30 feet in width around a permanent 
structure located on submerged or intertidal land, provided that as long as the 
lease is necessary.to preserve the integrity and safety of the structure and that the 
Commissioner of Maril]e Resources consents to that lease; 
(4) 
Any existing or proposed lease may be subleased for the period of the 
original lease for the purpose of providing berthing space for any boat or vessel; 
- (5) No portion of an existing or proposed lease may be transferred from a person 
subleasing that portion to provide berthing space for any boat or vessel except for 
a transfer to heirs upon death of the sublessee holder or a transfer to the original 
leaseholder subject to terms agreed to by the lessor and sublessee at the time of-
the sublease. This subparagraph does not apply to any subleasing arrangements 
entered into before June 15, 1989; and 
(6) 
The director may grant the proposed lease 'if the director finds that, In 
addition to any other findings that the director may require, the proposed lease: 
(a) Will notunreasonablyinterfere with navigation; 
(b) Will not unreasonably interfere with fishing or other existing marine uses 
of the <lore a; 
(c) Will not unreasonably diminish the availability of services and facilities 
necessary for commercial marine activities; and 
" -
(d) 
Will not unreasonably interfere with ingress and egress of riparian 
owners. 
The bureau shall adopt rules pertaining to this subparagraph by March 15, 1990. 
B. 
For dredging, impounded areas and underwater cables and pipelines, the director 
shall develop terms and conditions the director considers reasonable. 
C. 
The director shall charge an administrative fee of $1 00 for each lease in addition 
to any rent. A fee of $200 must be charged for a lease application that is received 
after work has begun for the proposed project. 
D. 
+fl.e Except as otherwise provided by subsection 13, the minimum rent to which 
any lease is subject is $150 per year. 
F. Within.15 days of receipt of a copy of an application submitted to the Department 
of Environmental Protection for a general permit under Title 38, section 480-HH or 
Title 38, section 636-A, the director shall, if requested by the applicant, provide the 
applicant a lease option, to be effective on the_ date of receipt of the application, fot 
use of state-owned submerged lands that are necessary to fulfill the project purposes 
as identified in the application. Within 30 days of receiving notice and a copy of a 
general permit granted pursuant to Title 38, section 480-HH or Title 38, section 
636-A, the director shall waive the review procedures' and standards under this 
section and issue a submerged lands lease for the permitted activity. The term of the 
lease must be consistent with- that of the permit, including any extension of the 
permit, and the period of time needed to fully implement the project removal plan 
approved pursuant to Title 38, section 480-HH or Title 38, section 636-A, as 
Page II - 124LR2S71(Ol)-1 
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applicable. The director may include lease conditions thatthe director determines 
reasonable, except that the conditions may not impose any requirement more 
stringent than those in a permit granted under Title 38, section 480-HH or Title 38, 
section 636-A, as applicable, and may rot frustrate achievementof the purpose of the 
project. 
In making findings pursllant to this subsection regarding a renewable ocean ,energy 
project, the director shall adopt all pertinent findings and conclusions in a permit issued 
for the project pursuant to chapter 206-A or pursuant to Title 38, chapter 3, subchapter 1, 
article 5-A or 6 or Title 38, chapter 5, subchapter I, article I, subarticle 1-B, as 
applicable, and may condition issuance of a lease for such a project on receipt of all 
pertinent approvals by the Department of Environmental Protection or the Maine Land 
Use Regulation Commission, as applicable', and other conditions the director considers 
reasonable. 
2-A. Lease renewal. A lessee who is in compliance with all terms of that person's 
lease may apply at any time to renew the lease. The director shall approve the lease 
renewal if the existing lease complies with or can be amended to comply with all 
applicable laws, rules and public trust principles in effect at the time of the renewal 
application. This subsection applies to all leases in effect on the effective date of this 
subsection and to all leases executed on or subsequent to the effective date of this 
subsection. 
3. 'Easements. . The director may grant, upon, terms and conditions the director 
considers reasonable, assignable easements for a term not to exceed 30 years for the use 
of submerged and intertidal lands for the purposes permitted in subsection 2. The grantee 
, 
. 
shall pay an administrative fee of $100 for each easement at the time of processing ~nd a 
registration fee of $50 due every 5 years. An administrative. fee of $200 must be charged 
for an easemerit application that is received after work has begun for the proposed 
project. The director may refuse to grant an easement for the use of submerged and 
intertidal lands if the director determines that the easement will unreasonably interfere 
with customary or traditional public access ways to or public trust rights in, on or over the 
intertidal or submerged lands and the waters above those lands. The director may grant 
an easement for submerged and intertidal lands if a structure: 
' 
A., 
Is for the exclusive benefit of the abutting upland owner for charitable purposes 
as defined in the United States Internal Revenue Code, Section 501, (c) (3); 
B. 
Occupies a total of not more than 500 square feet of submerged and intertidal 
land for any lawful purpose and is permanent; or 
C. 
Occupies a total of not more than 2,000 square feet of submerged and intertidal 
land for the exclusive purpose of commercial fishingactivities and is permanent. 
4. Adjustment of terms. The director may adjust from time to time, consistent with 
the provisions of this section, conditions applicable to any leasehold or easement entered 
into under this section in any parcel of state-owned submerged or intertidal land. Rent 
may not be charged for leases entered into before July 1, 1984 if the actual use of the 
leased land is eligible for an easement under subsection 3. 
5. Review of uses. In the case of easements, the director shall review from time to 
time the purposes for which the land conveyed has actually been used, and, in the event 
any such purpose is found to be inconsistent with the criteria set forth in subsection 3 for 
eligibility for an easement, the easement must terminate and the director may enter: into a 
leasehold agreement with the holder of the easement in accordance with subsection 2. 
6. Constructive easements. The owner of any structure actually upon submerged 
and intertidal lands on October 1, 1975 is deemed to have been granted .aconstructive 
easement for a term of 30 years on the submerged land directly underlying the structure. 
Beginn ing on January 1, 1991, the bureau shall undel1ake a registration program for all 
structures granted constructive easements. 
Constructive easements are subject to 
administrative and registration fees for easements pursuant to subsection 3. The director 
shall develop procedures, rules and registration forms necessary to accomplish the 
purposes of this subsection. The bureaushaII complete the registration of constructive 
easements on or before December 31, 1996. 
7. 
Consultation. 
The director shall consult with the commissioner, the 
GommissionerofMarine Resources~ the Commissioner of Inland Fisheries and Wildlife 
and any other agencies or.organizations the director considers appropriate in developing 
and implementing terms, conditions and consideration for conveyances under this section. 
When rental terms under subsection 13 fora renewable ocean energy project are at issue, 
the director also shall consult with the Public Utilities Commission. The director may 
determine to make proprietary conveyances under this section solely on the basis of the 
issuance of environmental or regulatory permits by other appropriate state agencies. 
' 
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9. Public compensation. Witft Except as otherwise provided by subsection 13, with 
respect to any lease, including, but not limited to, leases for offshore projects, when the 
director determines that the public should be compensated for the loss or diminution of 
traditional and customary public uses resulting from the activities proposed by the lessee, 
the director may negotiate with the lessee to provide public access improvements such as 
walkways, boat launching ramps, parking space or other facilities or negotiate a fee in 
lieu o( such improvements as a condition of the lease. The determination of loss or 
diminution of traditional and customary public uses and appropriate public compensation 
must be made in consultation with I<?cal municipal officials. 
10. Aquaculture exemption. A lease for the use of lands under this section is not 
required for the development and operation of any aquaculture facility if the owner or 
operator of the facility has obtained a lease from the Commissioner of Marine Resources 
under section 6072. 
Ancillary equipment and facilities permanently occupying 
submerged lands on the lease site and not explicitly included in the lease granted by the 
Commissioner of Marine Resources are not exempt from the requirements ofthi.s section. 
U. R.evenues; A+l Except as otherwise provided by subsection 13, all revenues from 
the bureau's activities under this section accrue to the Submerged Lands Fund established 
.40 
in section 1861. 
12. Amiual report dealing with submerged lands. The bureau shall prepare and 
submit a written report on or before March I st of each year to the joint standing 
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committee of the Legislature having jurisdiction over submerged 'lands matters. The 
report must include the following information: 
A. 
A complete account of the income an.dexpenditures pertaining to submerged 
lands during the preceding calendar year; 
B. 
A summary of the bureau's management activitiesduring the preceding calendar 
year regarding leases, easements and other appropriate subjects; 
C. 
A summary of any Shore and Harbor Management Fund grants made under 
section 1863; and 
. 
D. 
A description of the proposed budget, including allocations for the bureau's 
dedicated funds and any revenues of the bureau from leases and easements for the 
following fiscal year. 
The joint standing committee of the Legislature having jurisdiction over submerged lands 
matters shall review the repOit and submit a written recommendation regarding the 
. bureau's proposed budget to the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs on or before March 15th of each 
year. 
13. 
Special provIsions regarding renewable ocean energy projects. 
The 
provisions in this subsection govern renewable ocean energy projects. 
A. The Legislature finds that: 
(1) The State's coastal waters and submerged lands provide unique and valuable 
oppOitunities for development of wind and tidal power and, potentially, other 
indigenous, renewable ocean energy resources, such as wave power; 
(2) Climate change and related degradation or lo~s of marine resources and, 
related human uses make developm'ent of and transition to use of renewable 
ocean energy resources consistent with sound stewardship of the State's public 
tnist resources; 
(3) Proper and efficient functioning of celtain generation and associated facilities 
that use the energy potential of the State's indigenous, renewable ocean energy 
resources depends upon their deployment in a marine environment and, 
accordingly, such facilities may to the extent necessary be located in, on or over 
state-owned submerged lands; and 
(4)' 
With appropriate provision for avoidance and minimization of and 
compensation for harm to existing. public trust-related uses and resources, such as 
fishing and navigation; restoration of affected lands upon completion of, 
authorized uses pursuant to permitting criteria; and adequate compensation to the 
public for use of its trust resources pursuant to state submerged lands leasing 
criteria, development of these renewable ocean energy resources in appropriate 
locations promises significant public trust-related benefits to the people of this 
State for whom the State holds and manages submerged lands and their 
resources. 
. 
44, 
B. In accordance with the findings in paragraph A, the following provisions apply to 
an application for· a lease or easement for a renewable ocean energy project. 
(I) No more than 30 days prior to filing applications in accordance with- this 
paragraph, an applicant for a: lease or easement for a renewable ocean energy 
project shall partiCipate in a joint interagency preapplication meeting, in 
. accordance with permitting procedures of the Department of Environmental 
Protection or the Maine Land Use Regulation Commission, as applicable. 
(2) An applicant for a lease or easement for a renewable ocean energy project 
must file and certify to the director that it has filed completed -applications for 
requisite state permits under chapter 206-A or Title 38, chapter 3, subchapter 1, 
article 5-A or 60r Title 38, chapter 5, subchapter 1, article 1, subarticle 1-B, as 
applicable, prior to or concurrently with submission of its submerged lands lease 
application under this section and shall provide a copy of any such applications to 
the director upon request. 
(3) The director may issue a lease or easement for a hydropower project, as 
defined in Title 38, section 632, subsection}, that uses tidal or wave action as a 
source of electrical or mechariical power, for atenn not to exceed 50 years, as 
long as the lease tenn is less than or equal to the term of the license for the 
project issued by the Federal Energy Regulatory Commission. 
(4) 
If requested by an -applicant, and with provision for public notice and 
comment, the director may issue one or more of the following for a renewable 
ocean energy project prior to issuance of a 30-year lease for the -project: . 
(a) A lease option, for a .term not to exceed 2 years, that establishes that the 
leaseholder, for purposes of consideration of its application for state permit 
approvals under chapter 206-A or Title 38, chapter 3, subchapter 1, article 
5-A or 6 or Title 38, chapter 5, subchapter 1, article 1, subarticle 1-B, as 
applicable, has title, right ot interest in a specific area of state submerged 
lands needed to achieve the purposes of the project as described in 
conceptual plans in the lease application; 
. 
(b) A submerged lands lease, for a tenn not to exceed 3 years, that authorizes 
the· leaseholder to undertake feasibility testing and predevelopment 
monitoring for ecological and human use impacts as described in conceptual 
plans in the lease application and conditioned on receipt of requisite federal, 
state and local approvals; and 
(c) A submerged lands lease, for a term'not to exceed 5 years, that authorizes 
'the . leaseholder to secure requisite federal, state and local approvals and. 
complete preoperation construction, as long as the applicant provides detailed 
development plans describing all operational conditions and restrictions. 
(5) Except as otherwise provided in this paragraph, the annual lease fee for a 
wind energy demonstration project for which a general permit has been issued 
under Title 38, section 480-HH is $10,000 per year for the term of the general 
permit. The annual lease fee for a tidal energy demonstration project for whiCh a 
generalpennit has been issued under Title 38, section 636-A is $100 per acre of 
submerged lands occupied by the project for the tenn of the general project, 
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except that the annual lease fee may not exceed $10,000.· As. used in this 
paragraph, "submerged lands occupied" includes the sum of the area on which 
turbines,. testing and monitoring equipment, anchoring or mooring lines, 
submerged transmission cables or other structures are placed and any additional 
area from which the director finds it necessary to exclude transient public trust 
uses to avoid unreasonable interference with the project's purposes .. An annual 
lease fee is not required for an offshore wind energy demonstration project 
located in the Maine Offshore Wind Energy Research Center, as designated by 
the department under section 1868, subsection 2. 
(6) The director shall charge a lessee a rent in accordance with a fee schedule, 
established by the bureau by rule, that balances state goals of assurance of fair 
compensation for use and mitigation' of potential adverse effects on or conflict 
with existing uses of state-owned submerged lands that are held in trust for the 
people of the State with state renewable ocean energy-related goals, including 
state wind energy generation goals established in Title 35-A,' section 3404, 
subsection 2. Rilles adopted pursuant to this subparagraph are routine technical 
rules as defined in Title 5, chapter 375, s,ubchapter 2-A. 
(7) The director may not require additional public compensation pursuant to 
subsection 9. 
(8) The director may issue a lease for a buffer zone comprising a land or water 
area around permanent structures located on submerged or intertidal land if: 
Ca) The director determines such a buffer zone is necessary to preserve the 
integrity or safety of the structure or fulfill the purposes of the project; and 
(b) 
The director consults with the Commissioner of Marine Resources 
regarding the need for such a buffer, its location and size and options to 
minimize its potential effects on existing uses. 
Sec. B-2. 12 MRSA §1863, sub-§3, as repealed and replaced by PL 1999, c. 401, 
Pt. I, § 1, is amended to read: 
3. Fund sources. Annual, revenues, less funds deposited in the Renewable Ocean. 
' Energy Trust pursuant to section 1863-A and operating expenses from the submerged and 
intertidal lands program and the abandoned watercraft program and conveyances of 
submerged and inteltidal lands by the Legislature, must be deposited in the fund. 
Sec. B-3. 12 MRSA §1863-A is enacted toread: 
§1863-A. Renewable Ocean Energy Trust 
, 
1. Trust established. The Renewable Ocean 'Energy Trust, referred to in this section 
as "the trust," is established as a nonlapsing, dedicated fund to be used to protect and 
enhance the integrity of public trust-related resources and related human uses of the 
State's submerged lands. 
2. Administration. The Treasurer of State shall administer the trust as provided in 
this section. 
I 
3. Sources' of funds. The following funds must be transferred on receipt to the 
Treasurer of State for deposit in the trust: 
A. 
Eighty percent of the submerged lands leasing rental payments for rehewable 
ocean energy projects under section 1862, subsection 13; and 
B. The State's share, pursuant to 43 United States Code, Section 1337(p)(2)(B), of 
federal revenues from alternative energy leasing. 
4. Disbursement of funds; required uses. The Treasurer of State shall annually 
disburse the funds in the trust to the Department of Marine Resources, in consultation 
with the Marine Resources Advisory Council established under section 6024, for use as. 
follows: 
A. Fifty percent to fund research, monitoring and other efforts t6 avoid, minimize. 
and compensate for potential adverse effects of renewable ocean energy projects, as 
defined in section 1862, subsection I, paragraph F-l, on noncommercial fisheries, 
seabirds, marine mammals, shorebirds, migratory birds and other coastal and marine 
natural resources,' including but not limited to development,. enhancement and 
maintenance of map-based information resources developed to guide public and 
private decision making on siting issues and field research to provide baseline or 
other data to address siting issues presented by renewable ocean energy projects. The 
department shall consult with the Department of Inland Fisheries and Wildlife and 
the Executive' Department, State Planning Office in allocating funds it receives 
. 
pursuant to this paragraph; and 
B. Fifty percent to fund resource enhancement, research on fish behavior and species 
abundance and distribution and other issues and other efforts to avoid, minimize and 
compensate for potential adverse effects of renewable ocean energy projects, as 
defined in section 1862, subsection], paragraph F-], on commercial fishing and 
related activities. 
Sec. B-4. 
Establishment of fee schedule for renewable ocean energy 
development projects. No later than one year from the effective date of this section 
. and in accordance with the Maine Revised Statutes, Title 12, section 1862, subsection 13, 
paragraph B, subparagraph (6), the Department of Conservation, Bureau of Parks and 
Lands shall amend its submerged lands leasing rules to establish a rental fee schedule for 
leasing submerged lands for a renewable ocean energy project as defined in Title 12,' 
section 1862, subsection I, paragraph F-I that balances state goals of assurance of fair 
compensation for use and mitigation of potential adverse effects on or conflict with 
existing uses of state-owned submerged lands that are held in trust for the people of the 
State with state renewable ocean energy-related goals, including state wind energy 
generation goals established in Title 35-A, section 3404, subsection 2. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. Prior to aduption of such a fee schedule, the Director of the Bureau of 
40· 
Parks and Lands shall determine the rent on a case-by-case basis. In developing rules 
pursuant to this-section, the bureau shall: 
1. Establish fees that are commercially reasonable and comparable to pertinent lease 
fees in other jurisdictions both in terms of the fee amounts and provision for a graduated 
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fee schedule that reflects consideration of energy production levels and debt service 
obligations in the initial years of a renewable ocean energy project; 
2. Consider renewable ocean energy-related submerged lands leasing fees in other 
states; fees provided for by the United States Department of Interior, Minerals 
Management Service's. Renewable Energy Program; current market practices in the wind 
power industry regarding lease arrangements; and other pertinent information; . 
3. 
Include~in the fee schedu1e an amount adequate to cover the bureau's pertinent 
administrative costs; 
. 
4. Allow the developer of a renewable ocean energy project to enter into a contract 
for sale or use of project-generated power that, through reduced rates or otherwise, 
provides the State or electric consumers in this State a portion of the dollar value of the 
pertinent rental fee for use of state submerged lands and obligates the developer to 
provide monetary payment to the State for the remaining portion of the rental amount as 
provided in this Act; 
5. 
Consult with and consider the recommendations of the Public Utilities 
Commission regarding provisions in the rules regarding subsection 4 and- related permit 
terms and conditions for a lease for a renewable ocean energy project; 
6. 
Clarify that potential adverse effects on existing uses, such as fishing, are 
addressed through the fee schedule and that the bureau may not require case-by-case 
payment of an amount in addition to rent as compensation for such project-specific 
effects; 
7. Incorporate the lease fees and lease fee exemption established in Title 12, section 
1862, subsection 13, paragraph B, subparagraph (5); and 
8. Otherwise amend its rules for consistency with the provisions of this Act. 
PARTC 
Sec. C-l. 36 MRSA §655, sllIb-§l, 9lS, as amended by PL 2005, c. 652, § 1 and 
affected by §3, is further amended to read: 
S. 
Mining property as provided in section 2854; aM 
Sec. C-2. 36 MRSA §655, sub-§l, ~, as enacted by PL 2005, c. 652, § 1 and 
affected by §3, is amended to read: -
T. 
Trail-grooming equipment registered under Title 12, section 131137~ 
Sec. C-3. 36 MRSA §655, sub-§l, 'iflJ is enacted to read: 
U. 
Renewable ocean energy-generating machinery, equipment and related 
components, including but not limited to turbines, Sllpport structures, transmission 
cables or their component parts, that are in transit to be located in; on or.above state 
submerged lands as defined in Title 12, section 1801, subsection 9 and are within the 
. 
State on the first day of April of the applicable tax year and thus were exempt from 
taxation under paragraph A, B, G or H prior to the effeCtive date of this paragraph; 
Sec. C-4. 36 MRSA §655, sub-§l, ClflV is enacted to reaq: 
V. 
Renewable ocean energy-generating machinery, equipment and related 
components, including but not limited to turbines, support structures, transmission 
cables or their component parts,. that are located in, on or above state submerged 
lands as defined in Title 12, section 1801, subsection 9 in the unorganized territory; 
and 
. 
Sec. C-5. 36 MRS A §65S, sub-§l, fjjW is enacted to read: 
W. 
Except as otherwise provided by paragraph U, renewable ocean energy-
generating machinery, equipment or related components, including but not limited to 
turbines, support structures, transmission cables or their component parts, located on 
state submerged lands, as defined by Title 12, section 1801, subsection 9, unless the 
property is deployed as part of a wind, tidal, wave or other renewable ocean energy 
project, as defined in Title 12, section 1862, subsection 1, paragraph F-l, that is 
located within the boundaries of a municipality, as established by its . legislative . 
charter, prior to the effective date of this paragraph. In any proceeding regarding the 
location of a municipality's boundaries for purposes of this paragraph, there is a 
rebuttable presumption that the boundaries of a municipality in the coastal area do not 
extend below the mean low-water line on waters subject to tidal influence. 
Sec. C-6. 36 MRSA §661, sub-§5, as enacted by PL 1985, c. 459, Pt. B, §4, is 
amended to read: 
5. 
Unorganized territory. 
The unorganized territory shall be ~ entitled to 
reimbursement under this section in the same manner as is provided by this section for 
municipalities, except that reimbursement is not required· for an exemption pursuant to 
section 655, subsection 1, paragraph V. The amount of reimbursement due ffi.alt must be 
paid into the Unorganized Territory Education and Services Fund established in chapter 
115. 
PARTon 
Sec. n-1. 12MRSA §682, sub-§l, as amended by PL 1999; c. 333, § 1; is further 
amended to read:. 
1. Unorganized and deorganized areas. "Unorganized and deorganized. areas" 
includes all unorganized and deorganized townships, plantations that have not received 
commission approval under section 685-A, subsection 4 to implement their own land: use 
controls, municipalities that have organized since 1971 but have not received commission 
approval under section 685-A, subse.ction 4 to impleinynt their own land use controls and 
all other areas of the State that are not part of an organized municipality except Indian 
reservations. For the purposes of permitting a community-based offshore wind energy 
.. project and structures associated with resource analysis activities, necessary for such an 
intended project, the· area of submerged land to be occupied fOf· such a project and 
resource analysis striJctures is considered to be in the unorganized Of deorganized areas; 
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Sec. D-2. 12 MRSA §682, sub-§19 is enacted to read: 
19. Community-based offshore wind energy project. "Community-based offshore 
wind energy project" means a wind energy development, as defined by Title 35-A, 
section 3451, subsection 11, that meets the following criteria: the generating facilities are 
wholly or partially located on or above the coastal submerged lands of the State; the 
generating facilities are located within one nautical mile of one or more islands that are 
within the unorganized and deorganized areas of the State and the project will offset part 
or all of the electricity requirements of those island communities; the development meets 
the definition of "community-based renewable energy project" as defined by Title 35-A, 
section 3602, subsection 1; and the projected average annual electricity production, as 
stated in the application, will be no more than 200% greater than the pertinent island 
communities', current annual electricity consumption. 
Sec. D-3. 12 MRSA §685-B, sub-§2-C, as enacted by PL 2007, c. 661, Pt. C, '§2, 
is amended to read: 
2-C. 
Expedited wind energy development; community-based offshore wind 
energy 'project; determination deadline. 
The commission shall consider any wind 
energy development in the expedited permitting area under Title 35-A, chapter 34-A or a 
community-based offshore wind energy project a use requiring a permit, but not a special 
exception, within the affected districts or subdistricts and shall render its determination 
on an application for such a development within 185 days after the commission 
determines that the application is complete, except that the commission shall render such 
a decision within 270 days if it holds a hearing on the application. The chair of the Public 
Utilities Commission or the chair's designee shall serve as a nonvoting member of the 
commi~sion and may participate fully but is not required to attend hearings when the 
commission considers an application for an expedited wind energy development as 
defined in Title 35-A, section 3451 or a community-based offshore wind energy project. 
The chair's participation on the commission pursuant to this subsectiondoes not affect the 
ability of the Public Utilities Commission to submit information into the record of the 
commission's proceedings. 
For an offshore wind energy project that is proposed within one nautical mile of an island 
within the unorganized or deorganized areas, the commission shall review the proposed 
project to determine whether the project qualifies as a community-based offshore wind 
energy project and therefore is within the jurisdiction of the commission. 
Sec. D-4. 12 MRS A §685-B, sub-§4, as amended by PL 2007, c. 661, Pt. C, §3, 
is further amended to read: 
4. Criteria for approval. In approving applications submitted to it pursuant to this 
section, the c.ommission may impose such reasonable terms and conditions as the 
commission may consid~r appropriate. 
In making a decision under this subsection 
regarding an application for a community-based offshore wind energy project, such a 
project is exempt from review to the extent that the commission determines that review 
and findings are required under criterfa specified in section 1862, subsection 2, paragraph, 
. A, subparagraph (6). 
10, 
The commission may not approve an application, unless: -
A 
Adequate technical and financial provision has been made for complying with 
the requirements of the State's air and water pollution 'control and other 
environmental laws, and those standards and regulations adopted with respect thereto, 
including without limitation the minimum lot size laws, sections 4807 to 4807-0, the 
site location of development laws, Title 38, sections 481 .to 490, and the natural 
resource protection laws, Title 38, sections 480-A to 480-Z, and adequate provision 
has been made for solid wa~te and sewage disposal, for controlling of offensive odors 
and for the securing and maintenance of sufficient healthful water supplies; 
, 
B. 
Adequate provision has been made for loading, parking and circulation of land, 
air and water traffic, in, on and from the site, and for assurance that the proposal will ' 
not cause congestion or unsafe conditions with respect to existing or proposed 
transportation arteries or methods; 
C. 
Adequate provision has been made for fitting the proposal harmoniously into the 
existing natural environment in order to assure there will be no undue adverse effect 
on existing uses, scenic character and natural and historic resources in the area likely 
to be affected by the proposal. 
In lJIaking a determination under this paragraph 
regarding development to facilitate withdrawal of groundwater, the commission shall 
consider the effects of the proposed withdrawal on waters of the State, as defined by 
Title 38, section 361-A, subsection 7; water-related natural resources; and existing 
uses, including, but not limited to, public or private wells, within the anticipated zone 
of contribution to the withdrawal. 
In making findings under this paragraph, the 
commission shall consider both the direct effects of the proposed withdrawal and its 
effects in combination with existing water withdrawals. 
In making a determination under this paragraph regarding an expedited wind energy 
development, as defined in Title 35-A, section 3451, subsection 4, or a commun ity-
based offshore wind energy project, the commission shall consider the development's 
effects on scenic character and existing uses related to s_cenic character in accordance 
with Title 35-A, section 3452; 
D. 
The proposal will not cause unreasonable soil erosion or reduction in the 
capacity ofthe land to absorb and hold water and suitable soils are available fot a 
sewage disposal system if sewage is ,to be disposed on-site; 
E. 
The proposal is otherwise in conformance with this chapter and the regulations, 
standards and plans adopted pursuant thereto; and 
F. 
In'the case of an application for a structure upon any lot in a subdivision, that the, 
subdivision has received the approval of the commission. 
The burden is upon the applicant to demonstrate by substantial evidenc,e that the criteria 
for approval are satisfied, and that the public's health, safety and general welfare will be 
adequately protected. Except as otherwise provided in Title 35-A, section 3454, the 
commission shall permit the applicant and other parties to provide evidence on the 
economic benefits of the proposal as well as the impact of the proposal on energy 
'resources. 
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Sec. D-S. 12 MRSA §68S-B, sub-§4-B, as e'nacted by PL 2007, c. 661, Pt. C, §4, 
is amended to read: 
4-B. Special provisions; wind energy development or project. In the case of a 
wind energy development, as defined in Title 35':'A,section 3451, subsection 11, with a 
generating capacity greater than 100 kilowatts, or a corrimunity-based offshore wind 
energy project, the developer must demonstrate, in additio!1 to· requirements under 
subsection 4, that the proposed generating facilities, as defined in Title 35-A, section 
3451, subsection 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 tq avoid undue adverse shadow flicker effects; 
C. Wfll 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 bya manufacturer of the 
generating facilities;. and 
D. Will provide significant tangible benefits, as defined in Title 35-A, section 3451, . 
subsection 10, within the State, as provided in Title 35-A, section 3454, if the 
development is an expedited wind energy development, as defined in Title 35-A, 
section 3451, subsection 4 or a community-based offshore wind energy project. 
Sec. D-6. Maine Land Use Regulation Commission to adopt rule. No later 
than December 1,2010, the Maine Land Use Regulation Commissiori shall adopt a rule 
amending its land use districts and standards. to provide that offshore wind power 
projects, as defined in the Maine Revised Statutes, Title 38, section A80-B, subsection 
6-A, and community-based offshore wind energy projects, as defined in Title 12, section 
682, subsection 19, are uses requiring a permit, ~but not a special exception, in all 
subdistricts. Prior to the commission's adoption of a rule in accordance with this section, 
an offshore wind power project or a community-based Qff~hore wind energy project is 
considered a use requiring a permit, but not a special exception, in all subdistricts. 
Rules adopted by the Maine Land Use Regulation Commission pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
( 
PARTE 
Sec. E-l. 38MRSA §341-D, sub-§2, as amended by PL 2007, c. 661, Pt. B, §1, 
is further amended to read: 
·2. 
Permit and . license applications. . Except as otherwise provided in this 
subsection, the board shall decide each application for approval of permits and licenses· 
that in its judgment: 
A. 
Involves a policy, rule orlaw that the board has not previously interpreted; 
B. 
Involves important policy questions that the board has not resolved; 
C. 
Involves important policy questions or interpretations of a rule or law that 
require reexamination; or 
D. 
Has generated substantial public interest. 
The board shall assume jurisdiction over applications referred to it under section 344, 
subsection 2-A, when it firids that the criteria of this subsection have been met. 
The board may vote to assume jurisdiction of an application if itfinds that one or more of 
the criteria in this subsection have been met. 
Any interested party may request the board to assume jurisdiction of an application. 
The board maynot assume jurisdiction over an application for an expedited wind energy 
development as defined in Title 35-A, section 3451, subsection 4 6f~ for a certification 
II, 
pursuant to Title 35-A, section 3456, for a natural resources protection permit pursuant to 
chapter 3, subchapter 1, article 5-A for an offshore wind power project as defined in 
section 480-B, subsection 6-A, for a site location permit pursuant to chapter 3, subchapter 
1, article 6 for an offshore wind power project with an aggregate generating capacity of 3 
megawatts or more as provided by section 482, subsection 2, paragraph J or for a 
hydropower project, as defined in section 632, subsection 3, that uses tidal action as a 
source of electrical or mechanical power. 
Sec. lE-2. 38 MRSA §341-D, sub-§4, CUD, as enacted by PL 2007, c. 661, Pt. B, 
§4, is amended to read: 
D; License or permit decisions regarding an expedited wind energy development as 
defined in Title 35-A, section 3451, subsection 4, a natural resources protection 
permit pursuant to chapter 3, subchapter I, article 5-A for an offshore wind power 
project as defined in section 480-B, subsection 6-A, a site location permit pursuant to 
chapter 3, subchapter I, article 6 for· an offshore wind power project with an 
aggregate generating capacity of 3 megawatts or more as provided by section 482, 
subsection 2; paragraph J or a hydropower project; as defined in section 632, 
subsection 3, that uses tidal action as a source of electrical or mechanical power. In 
reviewing an appeal of a license or permit decision by the commissioner $l-afI: 
application for an e)(;pedited \vind energy development, the board shall base its 
decision on the administrative record of the department, including the record of any 
adjudicatory hearing held by the department, and any supplemental information 
allowed by the board using the standards contained in subsection 5 for 
supplementation of the record. The board may remand the decision to the department 
for further proceedings if appropriate. The chair of the Public Utilities Commission or 
the chair's designee shall serve serves as a nonvoting member of the board and is 
entitled to fully pal1icipate but is not required to attend hearings when the board 
considers an appeal pursuant to this paragraph. The chair's pm1icipation on the board 
pursuant to this paragraph does not affect the ability of the Public. Utilities 
Commission to submit information to the department for inclusion in the record. of 
any proceeding before the department. 
Sec. lE-3. 38 MRS A §344, sub-§2-A, EITA, as amended by PL 2007, c. 661, Pt. B, 
§5, is further amended to read: 
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A. Except as otherwise provided in this paragraph, the commissioner shall decide as 
expeditiously as possible if an application meets one or more of the criteria set forth 
in section 341-D, subsection 2 and shall request that the board assume jurisdiction of 
that application. If at any subsequent time during the review of an application the 
commissioner decides that the application falls under section 341-D, subsection 2, the 
commissioner shall request that the board assume jurisdiction of the application .. 
(I) The commissioner may not request the board to assume jurisdiction' of an 
appliCation for any permit or other approval required for an expedited wind 
energy development, as defined in Title 35-A; section '3451, subsection 4, Sf a 
certification pursuarit.to Title 35-A, section 3456, a natural resources protection 
permit pursuant to chapter 3, subchapter I, article 5-A for an offshore wind 
power project as defined in section 480-8, subsection 6-A, a site location permit 
pursuant to chapter 3, subchapter I, artiele 6 for an offshore wind power project 
with an aggregate generating capacity of 3 megawatts or more as provided by 
section 482, subsection 2, paragraph J or a 'hydropower project, as defined in 
section 632, subsection 3, that uses tidal action as a source of eleCtrical or 
mechanical power. Except as provided in subparagraph (2), the. commissioner 
shall issue a decision on an application for an expedited wind energy 
development,.J!n offshore wind power project or a hydropower project, as defined 
in section 632, subsection 3, that uses tidal action as a source of electrical or 
mechanical power within, 185 days of the date on which the department accepts 
the application as complete pursuant to this section or within 270 days of the 
department's acceptance'ofthe application ifthe commissioner holds a hearing on 
the application pursuant to secticm 345-A, subsection I-A. 
(2) 
The expedited review periods of 185 days an.d 270 days specified in 
subparagraph (I) do not apply to the associated facilities, as defined in Title 
35-A, section 3451, subsection I, of the development if the commissioner 
determines that an expedited review time is unreasonable due to the size, 
location, potential impacts, multiple agency jurisdiction or complexity of that 
portion of the development. If an expedited review period does not apply, a 
review period specified pursuant to section 344-8 applies. 
The commissioner may. stop the processing time with the consent of the applicant for, 
,a period of time agreeable to the commissioner and the applicant. 
, 
Sec. E-4. 38 MRSA §344-A, first err, as amended by PL 2009, c. 270, PLA, § 1, is 
further amended to read: 
The commissioner may enter into agreements with individuals, partnerships, firms 
and corporations outside the department, referred to throughout this section as "outside 
reviewers," to review applications or portions of applications submitted to the 
department. 
The commissioner has sole authority to d,etermine the applications or 
portions of applications to be reviewed by outside reviewers and to determine which 
outside reviewer is to perform the review. When selecting an outside reviewer, all other 
factors being equal, the commissioner shall give preference to an outside reviewer who is 
a public or quasi-public entity, such as state agencies, the University of Maine System, or 
the soil and water conservation districts. Except for an agreement for outside review 
regarding review of an application for a wind energy development as defined in Title 
35-A, section 3451, subsection 11, a certification pursuant to Title 35-A, section 3456, an 
application for an offshore wind power project as defined in section 480-B, subsection 
6-A or a general permit pursuant to section 480-HH or section 636-A or an application 
for a hydropower project, as defined in section 632, subsection 3, that uses tidal action as 
a source of electrical or mechanical power; the commissioner may enter into an 
agreement with an outside reviewer only with the consent of the applicant and only if the 
applicant agrees in writing to pay all costs associated with the outside review. 
Sec. ]H;' .. S. 38 MRSA §346, sub-§4, as en.acted by PL 2007, c. 661, Pt. B, §8, is 
amended to read: 
4. Appeal of decision. A person aggrieved by an order or decision or the board or 
commissioner regarding an application for an expedited wind energy development, as 
defined in Title 35-A, section 3451, subsection 4, a natural resources protection permit 
pursuant to chapter 3, subchapter 1, article 5-A for· an offshore wind power project as 
defined in section 480-B, subsection 6-A, a site location permit pursuant to chapter 3, 
subchapter 1, article 6 for an offshore wind power project with an aggregate generating 
capacity of 3 megawatts or more as provided by section 482, subsection 2, paragraph J or 
a hydropower project, as defined in section 632, subsection 3, that uses tidal action as a 
. 18 
source of electrical or mechanical power may appeal to the Supreme Judicial Court sitting 
as the law court. These appeals to the law court must be taken in the manner provided in 
Title 5, chapter 375, subchapter 7. 
Sec. E-6. 38 MRS A §480-B, sub-§6-A is enacted to read: 
6-A. Offshore wind power project. "Offshore wind power project" means a project 
. that uses a windmill or wind turbine to convert wind energy to electrical energy and is 
located in whole or in part within coastal wetlands. 
"Offshore wind power project" 
includes both generating facilities as defined by Title 35-A, section 345 1, subsection 5 
and associated facilities as defined by Title 35-A, section 3451, subsection 1, without 
regard to whether the electrical energy is for sale or use by a person other than the 
generator. 
.29 
Sec. E-7. 38 MR§A §480-D, sub-§l,as amended by PL 2007, c. 661, Pt. B, §10, 
is further amended to read: 
1. Existing uses. The activity will not unreasonably interfere with existing scenic, 
aesthetic, recreational or navigational uses. 
IIi making a determination under this subsection regarding an expedited wind energy 
development, as defined in Title 3 5~A, section 3451, subsection 4, or an offshore wind . 
power project, the department shall consider the development's or project's effects on 
scenic character and existing uses related to scenic character in accordance with Title -
35-,A, section 3452. An offshore wind power project is exempt from review under this 
subsection insofar as the department determines that review is required under criteria 
specified in Title 12, section 1862, subsection 2, paragraph A, subparagraph (6). 
Sec.E-8. 38 MRSA §480-D, sub-§H is enacted to read: 
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11. Offshore wind power project. This subsection applies to an offshore wind 
power project. 
A. If an offshore wind power project does not require a permit from the department 
pursuant to article 6, the applicant must demonstrate that the generating facilities: 
(1) Will meet the requirements of the noise control rules adopted by the board 
pursuant to article 6; 
. 
(2) Will be designed and sited to avoid unreasonable adverse shadow flicker 
effects; and 
(3) Will be constructed with setbacks adequate to protect public safety, while 
maintaining existing uses to the extent practicable. In making a finding pursuant 
to this paragraph, the department shall consider the recommendation of a 
professional, licensed civil engineer as well' as any applicable setback 
recommended by a manufacturer of the generating facilities .. 
B. If an offshore wind power project does not require a permit from the department 
pursuant to article 6, the applicant must demonstrate adequate financial capacity to 
decommission the offshore wind 'power project. 
. 
C. An applicant for an offshore wind power project is not required to demonstrate 
compliance with requirements of this article that the department determines are 
addressed by criteria specified in Title 12, section 1862, subsection 2, paragraph A, , 
subparagraph (6).' 
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Sec. E-9. 38 MRSA §480-E, sub-§l, as enacted by PL 1989, c. 656, §4 and 
affected by c. 890, Pt. A, §40 and amended by Pt. B, §73, is repealed and the following 
enacted in its place: 
1. 
Municipal and I other notification. 
The' department shall provide notice 
according to this subsection .. 
A. Except as otherwise provided in paragraph B, the department may not review a 
permit without notifying the municipality in which the proposed activity is to occur. 
The municipality may provide comments within a reasonable period established by 
the commissioner and the commissioner shall consider any such comments. 
B. The department may not review an application for an offshore wind power project 
without providing: 
(I) Notice to the Maine Land Use Regulation Commission'when the proposed 
development is located within one mile of an area of land within the jurisdiction 
of the Maine Land Use Regulation Commission; and 
(2) Notice to any municipality with land located within one mile of the proposed 
development. 
The Maine Land Use Regulation Commission and any municipality notified pursuant 
to this paragraph may provide comments within a reasonable period established by 
the commissioner and the commissioner shall consider such .comments. 
Sec. E-IO. 38 MRSA §480-E-l, first <;[, as repealed and replaced by PL 2005, c. 
330,§14, is amended to read: 
The Maine Land Use Regulation Commission shall issue all permits under this article 
for activities that are located wholly within its jurisdiction and are not subject to review 
. and approval by the department under any other article of this chapter, except as provided 
in subsection 3. 
Sec. E-ll. 38 MRS A §4i80-E-l, sUlb-§3 is enacted to read: 
3. Offshore wind power project.· The department shall issue all permits under this 
article for offshore wind power projects except for community-based offshore wind 
energy projects as defined in Title 12, section 682, subsection 19: 
Sec. E-12. 38 MRSA §482, sUllb-§2, <i[D, as amended by PL 1999, c. 468, §6, is 
further amended to read: 
D. 
Is a subdivision as defined in this section; 6f 
Sec. E-13. 38 MRSA §482, sUllb-§2, <ifF, as enacted by PL 1997, c. 502, §5, is 
amended to read: 
F. 
Is an oil terminal facility as defined in this section;"~ 
Sec. E-14. 38 MRSA §482, sUllb-§2, <;[J is enacted to read: 
. 
i9 
1. Is an offshore wind power project with an aggregate generating capacity of 3 
megawatts or more. 
Sec.E~15. 38 MRS A §482,SUllb-§8 is enacted to read: 
8. Offshore wind power project. "Offshore wind power project" means a project 
that uses a windmill or wind turbine to convert wind energy to electrical energy and is 
located in whole or in part within coastal wetlands as defined in section 480-B, 
subsection 2. 
"Offshore wind power project" includes both generating. facilities as 
defined by Title 35-A, section 3451, subsection 5 and associated facilities as defined by 
Title 35~A, section 3451, subsection 1, without regard to whether the electrical energy is 
. 
for sale or use by a person other than the generator. 
Sec. E-16. 38 MRS A §484, sUllb-§3, <;[G, as enacted by PL 2007, c.661, Pt. B, 
§ 11, is amended to read: 
G. In making a determination under this subsection regarding an expedited wind 
energy development, as defined in Title 35-A; section 3451, subsection 4,· or an 
offshore wind power project with an aggregate generating capacity of 3 megawatts or 
more, the department shall consider the development's or project's effects on scenic 
character and existing uses related to scenic character in accordance with Title 35-A, 
section 3452. 
Sec. R .. t7. 38 MRSA §484, sUlb-§10, as enacted by PL 2007, c. 661, Pt. B, §12, 
·37 
is amended to read: 
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10. 
Special provIsIOns; wind energy development or offshore wind power 
project. In the case of a grid-scale wind energy development, or an offshore wind power 
project with an aggregate generating capacity of 3 megawatts or more, the proposed 
generating facilities, as defined in Title 35-A, section 3451, subsection 5: 
. 
A. Will be designed and sited to avoid unreasonable adverse shadow flicker effects; 
B. Will be constructed with setbacks adequate to protect public safety. In making a 
finding pursuant to this paragraph, the department 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 
C .. Will provide significant tangible benefits as determined pursuant to Title 35-A, 
II 
section 3454, if the development is an expedited wind energy development. 
. 12 
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. 
For purposes of this subsection, "grid-scale wind energy development," "primary siting 
authority," "significant tangible benefits" and "expedited wind energy development" have 
the same meanings as in Title 35-A, section 3451. 
. Sec. E-18. 38 MRSA §488, sub-§9, as repealed and replaced by PL 2005, c. 330, 
§ 19, is amended to read: 
9. Development within unorganized areas. A development located entirely within 
an area subject to the jurisdiction of the Maine Land Use Regulation Commission, other 
than a metallic mineral mining or advanced exploration activity'eF~ an oil terminal facility 
or an offshore wind power project with an aggregate generating capacity of 3 megawatts 
or more. that is not a community-based offshore wind energy prOject as defined in Title 
12, section 682, subsection 19, is exempt from the requirements of this article. 
A. 
If a development is located in part within an organized area and in part within an 
area subject t6 the jurisdiction of the Maine Land Use Regulation Commission, that 
portion of the development within the organized areais subject to review under this 
article if that portion is a development pursuant to this article. That portion of the 
development within the jurisdiction of the commission is exempt from the 
requireme!1ts of this article except as provided in paragraph B. 
B. 
If a development is located as described in paragraph A, the department may 
review those aspects of a development within the jurisdiction of the Maine Land Use 
Regulation Commission if the commission determines that the development is an 
allowed use within the subdistrict or subdistricts for which it is proposed pursuant to 
36. 
Title 12, section 685-B. A permit from the Maine Land Use Regulation Commission 
is not required for those aspects of a development approved by the department under 
38' 
. this paragraph. 
. 
Review by the department of subsequent modifications to a development approved by the 
department is required. 
For a development or part of a' development within .the· 
jurisdiction of the Maine Land Use Regulation Commission, the director of the 
commission may request and obtain technical assistance and recommendations from the 
department The commissioner shall respond to the requests in a timely manner. The 
recommendations of the department must be considered by the Maine Land Use 
Regulation Commission in acting upon a development application. 
Sec. E-19. 38 MRSA §488, sub-§25 is enacted to read: 
25. Offshore wind power project and certain standards. An offshore wind power 
project with an aggregate generation capacity of 3 megawatts or more is exempt from 
review under the existing use standard in section 484, subsection 3, insofar as the 
department determines that review is required under criteria specified in Title 12, section 
1862, subsection 2, paragraph A, subparagraph (6). 
Sec. E-20. 
RuBemaking; 
No later than June 1, 2011, the Department of 
Environmental Protection shall adopt rules pursuant to the Maine Revised Statutes, Title 
38, -chapter 3, subchapter 1, article 5-A and Title 38, section 344, subsection 7 to provide 
permit by rufe standards for meteorological towers in coastal wetlands that are associated 
with resource analysis activities in anticipation of an, offshore wind power project as 
defined by Title 38, section 480-B, subsection 6-A. The rules must specify the class of 
eligible activities and may establish standards of location, design, construction or use that 
, 
the d~partment considers necessary to avoid adverse environmental impacts. These rules 
, are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
PART:IF 
Sec. :IF-I. 12 MRSA §685-B, sub-§l-A, ~, as enacted by PL 2009, c. 270, Pt. 
D, §4, is amended to read: 
E. A permit or other approval by the commission is not required for a hydropower 
project that uses tidal or wave action as a source of electrical or mechanical power or 
is located partly within an organized municipality and partly within an .linorganized 
territory. 
Sec. :IF-2. 38 MRSA §634-A, sub-§l, <iffB, as enacted by PL 2009, c. 270, Pt. D, 
§5, is amended to read: 
B. Uses tidal or wave action as a source of electrical or mechanical power, regardless 
of the hydropower project's location. 
Sec. :IF -3. 38 MRSA §634-A, sub-§2, as enacted by PL 2009, c. 270, Pt. D, §5, is 
amended to read: 
2. Maine Land Use Regulation Commission. The Maine Land Use Regulation 
Commission shall administer the permit process 'for a hydropower project that is located 
wholly within the State's un'organized and deorganized areas as defined by Title 12, 
section 682, subsection 1 and that does not use tidal or wave action as a source of 
electrical or mechanical power. ' 
Sec. F-4. 38 MRS A §636, sub-§5, as amended by PL 2009, c. 270, Pt. D, §7, is 
further amended to read: 
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5. Maine Land Use Regulation Commission. Within the jurisdiction of the Maine 
Land Use Regulation Commission, the proje<;:t is consistent with zoning adopted by the 
commission. This criterion does not apply to any project that uses tidal or wave action as 
a source of electrical or mechanical power. 
PARTG 
Sec. G-1. 30-A MRSA §4352, sub-§4, as amended by PL 2007, c. 656, Pt. A, 
§2, is further amended to read: 
" 
, 
4. Exemptions. Real estate used or to be used by a public utility, as defined in Title 
35-A, section 102, subsection 13, ef .by a person who is 'issued a certificate by the Public 
Utilities Commission under Title 35-A, section 122 or by a renewable ocean energy 
project as defined in Title 12, section 1862, subsection 1, paragraph F-1 is wholly or 
partially exempt from an ordinance only when on petition, notice and public hearing the 
Public Utilities Commission determines that the exemption is reasonably necessary for 
public welfare and convenience. The Public Utilities Cbmmission shaIl adopt by rule 
procedures to implement this subsection. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
' 
Sec. G-2. 30-A MRSA §4361is enacted to read: 
§436L 
Coordination of state and municipal decision making; renewable ocean 
energy projects 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
foIlowirig terms have the following meanings. 
-
A. "Coastal area" has the same meaning as in Title 38, section 1802, subsection 1. 
B. "Renewab'le ocean energy project" has the same meaning as in Title 12, section 
1862, subsection 1, paragraph F-1. 
' 
C. "Submerged lands" has the same meaning as in Title 12, section 1801, subsection 
9. 
2. Location of renewable ocean energy projects. A municipality may not enact or 
enforce a zoning ordinance that prohibits siting of renewable ocean energy' projects, 
including but not limited to their associated facilities, within the 'municipality. 
A 
municipality may designate one or more zones where renewable ocean energy projects, 
including but not limited to their associated facilities, are allowed, as long as the 
designated zones do not have the effect of circumventing the purposes of this section. 
Nothing in this section is intended to authorize a 'municipality to enact or enforce a 
zoning ordinance as applied to submerged lands. 
' 
3. Relationship to state review. A municipality may not enact or enforce any land 
use standard or other requirement that, as applied to a renewable ocean energy project 
proposed for a location whoIly or partly on submerged lands, imposes any requirement 
that is more restrictive than requirements under Title 12, chapter 206-A; Title 38, chapter 
3, subchapter I, article 5-A or 6; or Title 38, chapter 5, subchapter I, article 1, subarticle 
1-B~ as applicable. ' A municipality shall take final action regarding any approvals 
regarding a renewable ocean energy project within 60 days of final agency action by the 
Department of Environmental Protection or the Maine Land Use Regulation Commission, 
as applicable, on all related state license and permit applications. 
4. Boundaries; rebuttable presumption. A municipality may not enact or enforce~ 
any land use standard or other requirement regarding a renewable ocean energy project 
unless the project or part of the project over which the municipality asserts approval 
authcirity is located within its boundaries, as established in its legislative charter, prior to 
the effective date of this subsection. 
In any proceeding regarding the location of a 
municipality's boundaries for purposes' of this section, there is a rebuttable presumption 
that the boundaries of a municipality in the coastal area do not extend below the mean 
II 
low-water line on waters subject to tidal influence. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
.13 
legislation takes effect when approved. 
SUMMARY 
This bill implements the recommendations of the Governor's Ocean Energy Task 
Force. 
PART A 
Part A accomplishes the following. 
It amends the Maine Wind Energy Act to: 
I. Articulate state policy regarding transition to electric power to meet Maine's 
heating and transportation needs and recognize the key role of ocean. wind and other 
renewable energyr'esources in accomplishing that transition over time; 
2. Clarify that state policy encouraging siting of wind energy includes support for 
. new transmission infrastructure nee,ded to transport additional onshore and offshore wind 
energy to market; and 
3. Establish the state goal of 8,000 megawatts of installed wind energy capacity, 
including 5,000 megawatts of offshore wind power, by 2030. 
It authorizes the Public Utilities Commission, in issuing a certificate of ,public 
convenience andnece'~sity for a transmission line t1iat it has designated as an energy 
infrastructure corridor under the Maine Revised Statutes, Title 35-A, section 122, 
I 
subsection' 2, to consider anticipated future groWth in electric power demand in 
determining if such a ,line is' needed to attain state wind energy goals for generating 
facilities located in coast~1 waters, to allow a transmission and distribution utility to 
construct and own such a line under specified circumstances and to allow the recovery of 
the reasonable costs of construction of such a line through electric rates under specified 
circumstances. 
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It amends the Maine Waterway Development and Conservation Act to articulate that 
it is the policy of the State to support and encourage tidal power development at 
appropriate locations. 
It directs the DepaJiment cif Environmental Protection, in consultation with the. Public 
Utilities Commission, the Finance Authority of Maine and the Efficiency Maine Trust, if 
adequate funding is received, to develop a program that provides incentives for Maine 
homeowners and business owners to conveli their fossil fuel-powered home heating 
systems to more efficient, less polluting electric-powered systems. 
It directs the Finance Authority of Maine, in consultation with the Department of 
Environmental Protection, the Public Utilities Commission and the Efficiency Maine 
Trust, to work to establish a moral obligation credit enhancement program to reduce 
financing costs of electric ratepayer-backed renewable ocean energy projects and projects 
for conversion to electric heating that do not pose a significant risk of financial loss to the 
State and that will support the goals of assisting in the development of commercial~scale 
renewable ocean energy projects or the conversion of energy .demand away from the use 
of oil and gas as a primary energy source. 
It directs the Public Utilities Commission to conduct a competitive solicitatio!l for 
proposals for offshore wind, tidal and wave energy produced by one or more projects 
employing generating facilities located in the State's coastal waters or adjoining federal 
waters and authorizes the commission to negotiate a long-term contract with a technically 
competent generator for such energy if the contract terms would not have an 
unreasonable rate impact. 
It directs the Executive Department, Governor's Office of Energy Independence and 
Security to amend the state energy plan to acknowledge the need for' new transmission 
capacity to suppOIi attainment of state offshore wind energy generation goals. 
It directs the Maine Port Authority to assess and make a recommendation regarding 
acquisition of·real estate near existing port ·facilities in the State needed to facilitate 
renewable ocean energy development opportunities. 
PARTB 
Part B amends the State's submerged lands leasing law to enact special provisions 
regarding renewable ocean energy projects, including clarification of the compatibility of 
such projects with public trust-related stewardship of submerged lands, fees for 
demonstration projects and further coordination of lease approval criteria and procedures 
with related state permitting requirements. 
It establishes the .Renewable Ocean Energy Trust to protect and enhance the integrity 
of public trust-related resources and related human uses of the State's submerged lands. 
Eighty percent of rental fees charged for leasing state submerged lands for renewable 
ocean energy projects, in addition to the State's share of federal revenues from leasing 
areas in federal waters for such projects, is deposited in the trust. Twenty percent of the 
rental fees is deposited in the existing Shore and Harbor Managenient Fund. Funds from 
the trust would be provided to the Department of Marine Resources for specified resource 
enhancement and compensation purposes. 
It directs the Department of Conservation, Bureau of Parks and Lands to amend its 
submerged lands leasing rules to establish a rental fee schedule for leasing submerged 
lands for commercial-scaly offshore wind and other renewable ocean energy projects. 
It specifies that such fees must be commercially reasonable arid balance state goals of 
assurance of fair compensation for use and mitigation of potential adverse effects on or 
conflict with existing uses of state-owned submerged lands with state wind and other 
renewable ocean energy-related goals. 
It specifies criteria that the bureau must consider in establishing these fees. 
It specifies that the rules must allow a developer of a renewable ocean energy project 
to enter into a power sales contract that, through reduced rates or otherwise, provides the 
electric coilsumersa portion of the rental fee and obligates the developer to provide 
monetary payment to the State for the remaining portion of the' fee: 
PART C 
Part C clarifies that a municipality may tax renewable ocean energy-generating 
machinery, equipment or related components located on state submerged hinds that are 
installed within the boundaries of the municipality, as established by its legislative 
charter, prior to the effective date of this provision. The bill provides that, for purposes 
of this provision, there is a rebuttable presumption that the boundaries of a municipality 
in the coastal area do not extend below the mean low-water line on waters subject to tidal 
influence. 
It also clarifies that renewable ocean energy-generating machinery, equipment and 
related components that are in transit to be located in, on or above state submerged lands 
and are within the State on the first day of April of the applicable tax year are exempt 
from taxation; 
It also specifies that renewable ocean energy-g~nerating machinery", equipment and 
related components that are located in, on or above state submerged lands in the 
'unorganized tcrritory are exempt, from taxation and provides that the unorganized 
territory is not entitled to reimbursement for the tax exemption. 
PART D 
Part D amends the definition of "unorganized 'and deorganized areas" in the laws 
governing land use regulation to include, for the limited' purpose of permitting 
community-based offshore wind energy projects and structures associated with resource 
analysis activities neceSSaIY for sllch intended projects, the siting of such projects and 
resollrce analysis structures. It defines "community-based offshore wind energy project," 
which is the type of small-scale offshore wind energy project subject to permitting by the 
Maine Land Use Regulation Commission. 
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It provides for permit processing timelines and procedim~s for a community-based 
'offshore wind en.ergy project that are the same 'as for an expedited wind energy 
development. 
It applies specific scenic character review criteria for a community-based offshore 
wind energy project consistent with the 'criteria for an expedited wind energy 
development and provides that an application for a community-based offshore wind 
energy project is exempt from review under the Maine Revised Statutes, Title 12, section 
685-B, subsection 4 to the extent the Maine Land Use Regulation Commission 
determines that review and findings are required under criteria specified in Title 12, 
section 1862, subsection 2, paragraph A, subparagraph (6). 
It provides for specific review criteria regarding noise control, shadow flicker and 
safety setbacks for a community-based offshore wind energy proje,ct. 
It requires the Maine Land Use Regulation Commission to adopt routine technical 
rules to allow an offshore wind power project and a community-based offshore wind 
energy project as uses requiring a permit, but not a special exception, in all applicable 
subdistricts and establishes the same on an' interim basis. 
PARTE 
Part E' makes several changes in t~e law regarding' the issuance of permits for 
offshore wind power projects under the Natural Resources Protection Act and the site 
location of development law, and of permits for tidal power projects under'the Maine 
Waterway Development and Conservation Act. 
I. 'It provides that the Board of Environmental Protection may not assume 
jurisdiction over an application for any of those permits. 
2. It provides that, in reviewing an appeal of a permit decision by the Commissioner 
of Environmental Protection on an application for any of those permits, the Board of 
Environmental Protection baseHs decision on the administrative record. 
3. It provides that the Commissioner of Environmental Protection may not request 
that the Board of Environmental Protection assume jurisdiction over an application for 
any of those pe!m,its. 
It also requires the commissioner to issue a decision on an application for an offshore 
wind power project or tidal power project within 185 days, or 270 days if the 
commissioner holds a hearing. 
This review' period does not apply to a project's 
associated facilities if the commissioner determines that such a review time is 
unreasonable due to the size, location, potential impacts, multiple agency jurisdict(on or 
complexity of that portion of the development. 
It adds offshore wind power projects subject to the Natural Resources Protection Act 
or the site location of development law and tidal power projects subject to the Maine 
Waterway Development and Conservation Act to the category of projects for which the 
Commissioner of Environmental Protection may contract for outside review services, at 
the applicant's expense, without the applicant's consent. 
It provides that a person aggrieved by an order or decision of the Commissioner .of 
Environmental Protection or Board of Environmental Protection regarding an application 
for any of those pelinits may appeal to the Supreme Judicial Court sitting as the law 
court. 
It adds a definition' of "offshore wind power project" to the Natural Resources 
Protection Act. 
It provides that in making a determination under Title 38, section 480-0, subsection 1 
concerning an offshore wind power project, the Department of Environmental Protection 
shall consider the project's effects on scenic character and existing uses related to scenic 
.character in accordance with Title 35-A, section 3452. 
It adds a provision to the standards of the Natural Resources Protection' Act that 
addresses certain issues related to an offshore wind power project that does not also 
require a permit under the site location of development law. 
It amends a notification provision to provide that the Department of Environmental 
Protection may not review an application for an offshore wind power project without 
providing notice to the Maine Land Use Regulation Commission when the proposed 
development is within one mile. of an area of land within the jurisdiction of the 
commission and notice to any municipality with land located within one mile of the 
proposed development. 
The Maine Land Use Regulation Commission and any 
municipality notified may provide comments within a reasonable period established by 
the Commissioner of Environmental Protection and the commissioner shall consider these 
comments. 
It provides that the Department of Environmental Protection shall issue all penn its 
under the Natural Resources Protection Act for offshore wind power projects except for 
community-based offshore wind'energy projects as defined in Title 12, section 682, 
subsection 19. 
It provides that a permit is required pursuant to the site location of development law 
for an offshore wind energy project with an aggregate generating capacity of 3 megawatts 
or more. 
It adds a definition of "offshore' wind power project" to the site location of 
development law. 
It provides that in making a determination regarding an offshore wind power project 
with an aggregate generating capacity of 3 megawatts or more, the Department of 
. Environmental Protection shall consider the project's effects on scenic character and 
existing uses related to scenic character in accordance with Title 35-A, section 3452. 
It provides that an offshore wind power project with an aggregate generating capacity 
of 3 megawatts or' more must avoid unreasonable shadow flicker effects, provide safety-
related .setbacks and provide significant tangible benefits, as required for a grid-scale 
wind energy development. 
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It provides that an offshore wind power project with an aggregate generating capacity 
of 3 megawatts or more that is located entirely within an area subject to the jurisdiction of 
the Maine Land Use Regulation Commission is not exempt from the site location of 
development law unless it is a community-based offshore wind energy project. 
It provides that an offshore wind power project with an aggregate generating capacity 
of 3 megawatts or more is exempt from review under the existing use standard in Title 
38, section 484, subsection 3 insofar as review is also required by, the Department of 
Conservation under c'riteria specified in Title 12, section 1862, subsection 2, paragraph A, 
subparagraph (6), as determined by the Department of Environmental Protection. 
It provides that the Department of Environmental Protection shall develop a permit 
by rule for offshore wind power" project-related meteorological towers in coastal 
wetlands. 
PART F 
Pali F amends the Maine WaterWay Development and Conservation Act to provide 
that the Department of Environmental Protection has statewide jurisdiction over wave 
power projects under that law. 
PARTG 
Part G expands the Public Utilities Commis'sion's existing authority to exempt real 
estate of an entity to which the commission has issued a certificate of public ~onvenience 
and necessity wholly or in part from a local ordinance to include real estate used fora 
renewable ocean energy project if, following public notice and comment, the commission 
determines the exemption reasonably necessary for public welfare and convenience. 
It clarifies and limits the scope of a municipality's land use and zoning au'thority to 
promote consistency with pertinent state standards and requirements regarding offshore 
wind energy development.