An Act To FacHitateTesting and Demonstration of Renewable Ocean Energy Technology
Maine Legislature, Session 124, LD 1465
Committee: Utilities and Energy
Sponsors: HOBBINS, FITTS, GOODALL, RA YE, ADAMS
Amends: 38 MRSA §344-A, 38 MRSA §480-H, 12 MRSA §1868, 12 MRSA §685-B, 38 MRSA §634-A, 38 MRSA §636-A

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
FIRST REGULAR SESSIOt~-2009 
Legislative Document 
No. 1465 
S.P.545 " 
In Senate, April 28, 2009 
An Act To FacHitateTesting and Demonstration of Renewable 
Ocean Energy Technology 
" 
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 J. O'BRIEN 
Secretary of the Senate 
Senators: GOODALL of Sagadahoc, RA YE of Washington, Representative: ADAMS of 
Portland. 
Printed on recycled paper 
Be it enacted by the People ofthe State of Maine as follows: 
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Sec. A-I. 38 MRSA §344-A, first err, as amended by PL 2007, c. 661, Pt. B, §6, 
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 determine 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 revjew oLan application for a wind energy development as defined in Title 
35-A, section 3451, subsection 11 eta certification pursuant to Title 35-A, section 3456, 
or a general permit pursuant to sect. In 480-HH or section 636-A, the commissioner may 
enter into an agreement with an ou,side 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. A-2. 38 MRSA §480-HIHI is enacted to read: 
§480-HH. General.permit for offshore wind! energy demonstration project 
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1. Definitions. As used in this section, unless the context otherwise indicates, the 
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following terms have the following meanings. 
A. 
"Generating facilities" has the same meaning as in Title 35-A, section 3451, 
subsection 5. 
B. "Maine Offshore Wind Energy Research Center" means the offshore wind energy 
test area designated pursuant to Title 12, section 1868, subsectiori 2. 
C. . "Meteorological tower" means an elevated structure oj-other support platform 
with attached equipment, such as an anemometer, a wind direction vane and 
. temperature and pressure sensors and other measurement devices, to measure and 
assess the wind resource in the project area. 
. 
D. "Net project removal cost" means the total cost of removal of an offshore wind 
energy demonstration project, estimated in accordance with the plan required under 
subsection 3, paragraph G, minus the net salvage value of the project equipment. 
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E. 
"Ocean sensor package" means a· floating, submerged or seabed-mounted 
instrument that measures currents over the full range of site depths, wave data, 
seawater temperature and seawater salinity and other measurement devices to assess 
the wave resources in the project area. 
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F. "Offshore wind energy demonstration project" or "project" means a wind energy 
development that uses a windmill or wind turbine to convert wind energy to electrical 
energy and that employs no more than 2 wind energy turbines, each of which may 
use different technology, for the primary purpose of testing and validating a turbine 
blade design, floating platform or other support structure, mooring or anchoring 
system or other offshore wind energy technology that the applicant certifies is 
designed for use in ocean waters and is not in use elsewhere in the Gulf of Maine for 
commercial prod'uction of electricity and that may also include: 
0) Up to 3 meteorological towers per wind energy turbine proposed; 
(2) One submerged utility line that is sized to transmit: 
(a) An amount of electricity less than or equal to that produced by the 
offshore wind energy demonstration project; or 
. (b) Up to 25 megawatts of electricity if the line is il1tended to serve multiple 
offshore wind energy demonstration projects .Iocated within the Maine 
Offshore Wind Energy Research Center and the department has not 
previously gninted approval for such a submerged utility line pursuant to this 
section;' and 
(3) A wave energy test project. 
G .. "Offshore wind energy test area" means a specific geographic area located on 
state-owned submerged lands in the coastal area identified as suitable for construction 
and operation of an offshore wind energy demonstration project pursuant to Title 12, 
. section 1868, including the Maine Offshore Wind Energy Research Center. 
H. "Wave energy converter" means a device that uses the motion of ocean surface 
waves to generate electricity. 
I. "Wave energy test project" means a hydropower project, as defined by section 632, 
subsection 3; that uses ocean wave action to produce electricity and that: 
(1) Is proposed as part of an offshore wind energy demonstration project and is 
designed and sited to test production of electricity from wave energy in 
conjunction with and in a manner that complements .electricity produced by an 
offshore wind energy turbine; 
(2) Employs up to 2 wave energy converters, each of which may use different 
technology, that the applicant certifies are designed for use in the ocean and are 
not in use elsewhere in the Gulf of MaIne for commercial production, for the 
primary purpose of testing and validating the overall design of the convel1er and 
its related systems, subsystems or components; and 
(3) May include one or more of the following additional elements: 
(a) A mooring or anchoring system; and 
(b) An ocean sensor package. 
2. General permit. A person may apply for a general permit for an offshore wind 
energy demonstI:ation projec,t in accordance with this section. If a general permit is 
granted pursuant to this section, an individual permit is riot required for the construction 
and operation of an offshore wind energy demonstration project. 
.3. Application requirements. An applicant for a general permit must file with the 
department an application that contains: 
A. Written certification that the offshore wind energy demonstration project, other 
than any submerged utility line, will be located' wholly within an offshore wind 
. energy test area; 
B. A site plan that includes the following elements: 
(1) A plan view drawing of the entire project area that shows, with geographic 
positioning system references, the proposed location of the generating facilities 
and all other project elements, including but not limited to any submerged utility 
line or meteorological tower;' 
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(2) 
A narrative description of the proposed activities and methods for 
construction, operation arid removal of the offshore wind energy demonstration 
project that addresses on-site management of fuels, lubricants and other materials 
used for project operations ( . maintenance; 
(3) A scale drawing that sl JWS the design and location of the proposed mooring 
or anchoring system; 
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(4) A drawing showing the location of the submerged utility line, if any, mid 
plans for its construction in compliance with the permit by rule standards 
regarding constructiOll of a submerged utility line established in rules adopted by 
the board; and 
(5) A drawing showing the proposed location of each wind turbine in relation to 
any other offshore wind energy demonstration project within 10 kilometers of the 
proposed project and written verification that the project will not interfere with 
the operation of any such previously approved project. 
C. 
A report, prepared following consultation with the Department of Marine 
Resources, that: 
. (1) 
Describes existing information regarding commercial fishing and other 
existing uses in the project area; and 
(2) Describes, based on a field investigation, . the marine resources, including 
benthic communities, in the marine waters and on the submerged lands and 
immediately adjacent areas in, on or over which the applicant proposes to locate 
any mooring, anchoring system, meteorological tower, ocean sensor package, 
submerged utility line or other project element that is secured to the seabed; 
. 
D .. Written aclmowledgement that, in accordance with this section, the department 
may require the applicant to take remedial action, at the applicant's expense, pursuant 
to subsection 13, including but not limited to removal of the generating facilities and 
submerged utility line and termination of the project; 
E. 
A fish and wildlife monitoring plan that includes provisions for conducting 
monitoring, throughout the term of the general permit, of the behavior and interaction 
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of species listed as threatened or endangered in Title 12, section 6975 or Title 12, 
section 12803, subsection 3; avian species, including seabirds, passerines, raptors, 
shorebirds, water birds and waterfowl; bats; and marine mammals and other marine 
resources with the project, including but not limited to the generating facilities and 
mooring or anchoring systems employed, and identifying potential adverse effects. 
The plan, at a minimum, must inclode: 
(1) A detailed description of the methods and equipment that will be used for 
monitoring fish and wildlife behavior and activity in the vicinity of the project; 
(2) A detailed description of how the fish and wildlife monitoring data will be 
analyzed and provided to the department in electronic format, with specific 
. criteria by which to evaluate adverse effects; 
(3) . A detailed implementation schedule, including the frequency and timing of 
data recovery, maintenance of the monitoring equipment and auarterly reporting 
to the department; 
. 
(4) A detailed monitoring schedule that considers ocean conditions, seasonal 
variations in species' presence or absence and other pertinent biological factors; 
(5) Provisions for identifying and implementing remedial measures if monitoring 
identifies any adverse changes in fish or wildlife behavior or use of ocean 
habitats; . 
(6) A detailed description of the methods and equipment that will be used t6 
determine and monitor ambient noise levels, electromagnetic fields and noise 
associated with project construetion and subsequent operations and the 
effectiveness of any devices that are proposed to avoid and minimize the 
potential for related foreseeable adverse effects, if any; and 
(7) 
Provisions for filing an annual repmi with the depaIiment describing the 
monitoring results and any recommendations for' modifying the generating 
facilities or other project elements, or commencing the approved project removal 
plan, if necessary to minimize adverse effects on natural resources identified 
pursuant to plans reqliired under this section. Thirty days prior to submission of 
the report to the department, the applicant shall provide a draft of the report to the 
Department of Marine Resources, the Department of Inland Fisheries and 
Wildlife, the DepaIiment of Conservation, the United States Fish and Wildlife 
Service and the National Marine Fisheries Service and shalI include in the annual 
report any comments from those agencies and the applicant's responses to them; 
F. A navigation safety plan to protect the public and project facilities from such 
events as: collisions between commercial and recreational vessels and project 
facilities; entanglement of fishing gear, anchors, dredging equipment or other 
underwater devices that may damage or become entangled with project transmission, 
anchoring and mooring lines; release of or damage to the project's submerged utility 
line, anchoring system or other project elements in, . on or over the seabed; and 
electrocution. The plan must, at a minimum, consider the need and provide for as 
appropriate: 
(l) A geo..:located navigation and underwater activity exclusion zone boundary 
around the proposed generating facilities, anchoring system, submerged utility 
line and other project elements, if any. The exclusion zone must be designed to 
minimize potential conflicts with other existing uses in the area and may be no 
larger than the applicant demonstrates is necessary to achieve the purposes of the 
project; 
(2) Marking the extreme comers of the exclusion zone with lights, buoys or 
other indicators sufficient to warn vessels of the above-water and underwater 
project elements and the boundaries of the exclusion zone during both day and 
night; 
(3) Marking the generating facilities with fog signals, low-intensity navigation 
lights, hazard marking lights or other aids to navigation and painting and lighting 
the generating facilities in a way that considers the aesthetic resources of the 
project area as well as the safety of the public and project facilities and meets 
applicable Federal Aviation Administration guidelines and United States Coast 
Guard requirements; 
(4) Procedures to ensure till safety of the public near the project area; and 
(5) A description of monitl ring for and actions the applicant will take to prevent 
and address an emergency that specifie"s: procedures th"e applicant will take 
during an emergency, including but not limited to immediate shutdown; a 
protocol for coordination with and reporting an emergency to local, state and 
federal agencies; contingency measures to" modifY operations to address 
"reasonably foreseeable emergency conditions; and a schedule for annual testing 
of emergency equipment, including the project's emergency shutdown system; 
G. A project removal plan that the applicant will, at its expense, initiate within 60 
days of termimi.tion of a general permit granted pursuant to this section and that 
provides for: 
(1)" Removal of the project in its entirety from all project lands and waters, 
except for any part of the project regarding which the applicant provides the 
department substantial evidence of plans for continued beneficial use, including 
but not limited to an executed lease of state-owned submerged lands, as 
applicable, or for partial removal or other modification adequate to avoid 
foreseeable adverse effects on natural resources and existing uses; 
(2) Minimizing seabed disturbances and suspended sediments during removal of 
any underwater facilities; 
(3) 
Monitoring the effects of the removal activities on species listed· as 
threatened or endangered species in Title 12, section 6975 or Title 12, section 
12803, subsection 3 and marine resources both during and subsequent to 
completion of removal activities; 
(4) An implementation schedule that provides for all removal and restoration 
activities to be completed within one year of the expiration date of the general 
permit pursuant to subsection 9; 
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(5) An estimate of the total project removal cost, without regard to salvage value 
of the' equipment, and the net project removal cost, prepared by a licensed 
professional engineer; and 
-- (6) Written evidence and certification that the applicant has posted and -win 
maintain funds for project removal in an amount equal to the net project removal 
cost, except that at no point may such funds be less than 25% of the total project 
removal cost. The applicant shall post and maintain project removal funds with a 
_ bonding company or federal-chartered or state-chartered lending institution that 
is authorized to do business in the State and chosen by the applicant and 
considered acceptable by the department posting the financial security. Project 
removal funds may be in the form of a performance bond, surety bond, ietter of 
credit, corporate guarantee or other form of financial assurance that the 
department considers adequate to ensure funds posted pursuant to this paragraph 
will remain -inviolate and available for project removal if the appiicant ceases to 
exist, declares bankruptcy or becomes insolvent or otherwise unable to finance 
the project removal plan required under this paragraph; -
H. Documentation that, in developing each plan required under paragraphs E to G, 
the applicant consulted with: the Department of Marine Resources, the Department of 
Inland Fisheries and Wildlife and the Department of Conservation; the Maine Land 
Use Regulation Commission and the Executive Department, State Planning Office; 
the United States Army Corps of Engineers, the United States Coast Guard, the 
National Marine Fisheries Service, the National Park Service and the United States 
Fish and Wildlife Service; each municipality in which or adjacent to which the 
. project is proposed; and any other local, state or federal agency- the applicant 
considers appropriate. This documentation must include copies of these agencies' 
comments and recommendations on the plan, if any, and specific descriptions of how 
the agencies' comments are accommodated by the plan, including the _ applicant's 
reasons, based on project-specific information, for any agency recommendation not 
adopted. The applicant shall allow a minimum of 60 days for the agencies to review 
and make comments and recommendations on each draft plan before it is filed with_ 
the department. No more than 30 days prior to its initiation, the applicant shall notify 
_ each municipality within or -adjacent to which it intends to site and operate- an 
offshore _ wind energy demonstration project and invite its participation in the 
consultation required under this paragraph; _ 
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I. Documentation, including certificates of insurance, that the applicant has and will 
maintain a current general liability policy for the project that covers bodily injury, 
property damages and environmental damages in an amount considered reasonable 
by the department in consideration of the scope, scale and location of the project; 
J. 
Documentation that the applicant has the financial and technical capacity to 
construct and operate the project as proposed; 
K. Certification that neither the applicant nor any corporation, partnership, person or 
other legal entity with an ownership, leasehold or other direct financial interest in the 
proposed project holds or has an application pending for approval of a general permit 
under this section for any other offshore wind energy demonstration project located 
in the offshore wind energy test area in which the project is proposed; and 
. 
L. For an offshore wind energy demonstration project proposed for location within 
the Maine Offshore Wind Energy Research Center, written evidence that the 
proposed development will be undertaken by or in cooperation with the University of 
Maine System and on terms and in a manner that the University of Maine System 
determines consistent with and in furtherance of its offshore wind energy research 
and development-related objectives, including but not limited to any such objectives 
to be supported with state bond revenues. 
. 
4. Review period. Work may not occur until 60 days after the department has 
accepted an application for processing. This review period may be extended pursuant to 
section 344-B with the consent of the applicant. 
5. Notification. Except as otherwise provided· by subsection 13, the department 
shall notify an applicant in writing within 60 days of its acceptance of the application for 
processing if the department determines that the requirements of this section have not 
been met. The notification must specifically cite the requirements of this section that 
have not been met. If the department has not notified the applicant under this subsection 
within the specified time period, a general permit is deemed to have been granted. 
6. Fees. The department shall assess a fee for review of applications filed pursuant to 
this section, including a request for modification under subsection 13. 
Except as 
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otherwise provided by section 344-A, the fee 'must be cominensurate with the amount 
assessed to activities requiring an individual permit for coastal wetland alterations. 
7. Violation. Any action taken by a person receiving a general permit under this 
section that is not in compliance with the plans submitted under subsection 3 or as 
subsequently modified with the approval of the department in consultation with agencies 
and other entities with whom the applicant consulted in accordance with subsection 3 is a 
violation of the general permit. 
8. General permit term; extensions. Except as otherwise provided in subsections 9 
to 12, a permit granted under this section authorizes conduct of the approved offshore 
wind energy demonstration project for 3 years from the date that construction of a 
permitted structure on submerged lands is initiated or 5 years from the date of issuance 
pursuant to subsection 5, whichever first occurs.· The applicant must provide the 
department written notice of the date of initiation of such construction within 7 days of its 
commencement. Except as otherwise provided .by this subsection, the department may 
not extend the term of a general permit granted under this section. 
A. The department may grant one or more extensions of the general permit term, 
each for a period of 6 months or less, if, prior to expiration of the general perniit 
term, the applicant has filed completed applications for all requisite state license and 
permit approvals for a wind energy development, as defined by Title 35-A. section 
3451, subsection 11, located wholly or partly where the project is located. The 
department may not grant an extension under this paragraph for a project located in 
the Maine Offshore Wind Energy Research Center. 
B. The department may grant one or more extensions, not to exceed 3 years in 
aggregate, of the general permit term for an offshore wind energy demonstration· 
project located in the Maine Offshore Wind Energy Research Center if the applicant 
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provides written evidence that the University of Maine System considers the 
extension necessary to fulfill the research and development objectives of the project. 
9. Demonstrated progress. If the department determines that the applicant has not' 
completed or made substantial and ongoing· progress to complete construction of all 
project elements within one year of the date of notice to the department pursuant to 
subsection 5, the applicant must surrender its general permit, subject to conditions 
regarding project removal pursuant to subsection 11. 
10. Surrender. An applicant may surrender to the department a general permit 
granted pursuant to this section prior to its expiration pursuant to subsection 8. Subject to 
conditions regarding project removal under subsection 11, the general permit terminates 
on the date of its surrender pursuant to this subsection. 
11. Project removal. Within 60 days of termination of the project pursuant to 
subsection 8, 9 or 10, the applicant shall initiate implementation of the project removal 
plan provided for under subsection. 3, paragraph G. 
If the applicant fails to begin 
implementing the plan within this 60-day period, the department may take such measures 
as it considers necessary to initiate and fully implement the plan by drawing on the 
financial surety provided pursuant to the project removal plan. 
The applicant's 
acceptance of the general permit constitutes agreement and consent by the applicant and 
. its heirs, successors and assigns that the department may take such action as necessary to 
initiate and fully implement the project removal plan .. The holder of the project removal 
funds shall release the project removal funds when the applicant has demonstrated and 
. the department concurs that the project removal plan has been satisfactorily completed or 
upon written authorization by the department in the event the department implements the 
plan pursuant to this subsection. 
12. Remedial action. If the department determines, based on information provided 
in annual or. periodic reports provided pursuant to subsection 3 or other information, that 
there is substantial evidence that the project is having a significant adverse effect on a 
protected natural resource, wildlife, including avian wildlife, bat species, marine 
mammals, fish or other marine resources or public health or safety, the department shall 
order the applicant to take action that the department considers necessary to address that 
adverse effect. Remedial action required by the department may include, but is not 
limited to: 
A. Suspension or modification of project operations; or 
B. 
Cessation' of operations and removal of some or all elements of the project, 
including but not limited to the generating facilities, if there is no practicable 
alternative to address the adverse effect. 
.. Permit modification; relocation. Following the granting of a general permit 
under this section, the departmerit may authorize an applicant to move the generating 
facilities to another location within the same offshore wind energy test area, as long as the 
applicant provides an amended site plan that meets the requirements of subsection 3, 
paragraphs B, C, E, F and H. The department shall notify the applicant in writing within 
days of acceptance for processing if the department determines that the requirements 
of this section have not been met. Any such notification must specifically cite the 
d 
requirements of this section that have not been met. If the department has not notified the 
applicant under this subsection within the specified time period, a permit modification is 
deemed to have been granted. 
14. Relationship to other laws. Notwithstanding any other provision of law to the 
contrary, an offshore wind energy demonstration project that has been granted a general 
permit under this section is not subject to review by or required to obtain a development 
permit; rezoning authorization or other approval or authorization from the MaIne Land 
Use Regulation Commission and is not otherwise subject to review or approval by the 
department pursuant to this subchapter. 
A municipality may not enact or enforce any land use, zoning or other standard, 
conditions or requirement regarding an· offshore wind energy demonstration project 
located within the municipality that is stricter than standards, conditions or requirements 
of this section. The municipality has the burden of proof regarding the location of the 
project in- relation to its boundaries. 
Any action by the municipality regarding its 
authorization to site, construct or operate an offshore wind energy demonstration project 
must be taken within 60 days of the grant of a general permit under this section or within 
days of the granting· of a permit modification pursuant to subsection 13. 
PART B 
Sec. B-1. 12 MRS A §1862, sub-§2, Ej!F is enacted to read: 
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, for 
.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 
applicable. The director may include lease conditions that the 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 not frustrate achievement of the purpose of the 
project. 
PART C 
Sec. C-l. 12 MRSA §1868 is enacted to read: 
§1868. Identification of offshore wind energy test areas 
1. 
Site identification process. 
No later than December 15, 2009, following' 
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consultation with the Department of Environmental Protection, the Public Utilities 
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Commission, the Department of Inland Fisheries and Wildlife, the Maine Land Use 
Regulation Commission, the Department of Marine Resources, the Maine Historic 
Preservation Commission and the University of Maine System and opportunity for public 
comment, the department, in conjunction with the Executive Department, State Planning 
Office, shall identify and map up to 5 specific geographic areas on state-owned 
submerged lands suitable for offshore wind energy demonstration projects constructed 
and operated in accordance with Title 38, section 480-HH. In identifying eacli such area, 
the department must consider· existing information regarding pertinent ecological, , 
environmental and development-related factors, including but not limited to: 
A. Potential adverse effects on a protected natural resource, as defined by Title 38, 
section 480-B, subsection 8, or a scenic resource of state or national significance, as 
defined by Title 35-A, section 3451, subsection 9; 
B. 
Potential adverse effects on species listed as threatened or endangered under 
section 6975 or section 12803, subsection 3; avian species, including seabirds, 
passerines, raptors, shorebirds, water birds, waterfowl; bats; and marine mammals 
and on commercial fishing, recreation, navigation; existing public access ways to 
intertidal and subtidal areas and other existing uses; 
C. 
Proximity to. deep water port facilities, rail transportation, transmission 
infrastructure facilities and existing ocean-based environmental monitoring devices; 
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D. Data regarding wind speed, ocean wave height and period, ocean currents and 
water depth; 
E. Geology, including substrate type and other seafloor characteristics; 
F. Public support in pertinent coastal communities; and 
G. Historic sites and archaeological resources of state or national significance. 
2. 
Maine Offshore Wind Ener{!V Research Center. 
The department shall 
designate one of the areas identified under subsection 1 as the Maine Offshore Wind 
Energy Research Center for use by offshore wind· energy demonstration projects 
conducted by or in cooperation with the University of Maine System and on terms and in 
a manner that the University of Maine System considers consistent with and in 
furtherance of its offshore wind energy research and development-related objectives, 
including but not limited to any such objectives to be supported with state bond revenues. 
3. Modification of identified offshore wind energy test areas. Pursuant to the 
criteria under subsection 1, the department may, following notice and opportunitY for 
public comment, add to, remove or other otherwise modify the list of areas identified 
p-ursuant to subsection 1. 
PARTD . 
Sec. D-l. 12 MRS A §685-B, sub-§l-A,~, as amended by PL 2001, c. 402, §4, 
is further amended to read: 
B. 
A permit is not required for those aspects of a project approved by the 
Department of Environmental Protection under Title 38 if the commission determines 
that the project is an allowed use within the subdistrict or subdistricts for which it is 
proposed. Notice of the intent to develop and a map indicating the location of the 
proposed development must be filed with the commission prior to or concurrently 
with submission of a development application to the Department of Environmental 
Protection; aOO 
Sec. D-2. 12 MRSA §685-B, sub-§l-A, ~C, as enacted by PL 2001, c. 402, §5, 
is amended to read: 
C. 
A permit is not required for a campsite in a management districh.;.. 
. 
Sec. D-3. 12 MRSA §685-B, sub-§l-A, ~ 
is enacted to read: 
D. 
A permit is not required for an offshore wind energy demonstration project 
approved by the Department of Environmental Protection pursuant to Title 38, 
. section 480-I-ll-I. Notice of the intenUo develop and a map indicating the location of 
the proposed development must be filed with the commission prior to or concurrently. 
with submission of an application to the Department of Environmental Protection 
pursuant to Title 38, section 480-I-ll-I; and 
Sec. D-4. 12 MRS A §685-B, sulb.,.§I-A, 9[E is enacted to read: 
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E. A hydropower projecUhat uses tidal action as a source of electrical or mechanical 
power or is located partly within an organized municipality and partly within an 
unorganized territory is not subject to review and approval by the commission. 
Sec. D-5. 38 MRSA §634-A is enacted to-read: 
§634-A. Administering agency 
1. ... Department. 
The department shall administer the permit process for a 
hydropower project that: 
A. Is located wholly or partly within anorgariized municipality; or . 
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B .. Uses tidal action as a source of electrical or mechanical power, regardless of the 
hydropower project's location. 
2. Maine Land Use Regulation Commission .. The Maine Land Use Regulation 
Commissiori shall administer the permit process for a hydropower project that is located 
wholly. within the State's unorganized and deorganized areas as defined by Title 12, 
section 682, subsection 1 and that does not use tidal action as a source' of electrical or 
mechanical power. 
Sec. D-6. 38 MRS A §635-B, as amended by PL 1989, c. 890,Pt. A, §40 and Pt. 
B, § 186, is further amended to read: 
§635-R Procedures for water quality certification 
Issuance of a water quality certificate required under the United States Federal Water 
Pollution Control Act, Section 40 I, is coor,dinated for the applicant under this subarticle 
by the Commissioner of Environmental Protection. The issuance Of a water quality 
Pagel! - 124LRI969(OI)-I. 
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certificate is mandatory in every case where the department approves an application for a 
permit or general permit under this subarticle. 
An application for a tidal energy 
demonstration project under seCtion 636-A that is accepted as complete by the department 
serves as an application for water quality certification for the proposed project pursuant to 
the Federal Water Pollution Control Act, Section 401, 33 United States Code, Section 
1341. The department shall issue or deny certification at the same time it approves or 
disapproves the proposed project. If issued, the certification must state that there is a 
reasonable assurance that the project will not violate applicable water quality standards. 
The coordination function of the department with respect t'1 water quality certification 
does not include any proceedings or substantive criteria in addition to those otherwise 
required by this subarticle. 
Sec. D-7. 
MRS A §636, suh-§5,as enacted by PL 1983, c. 458, § 18,IS 
amended to read: 
5. Maine Land Use Regulation Commission. Within the jurisdiction of the Maine 
Land Use Regulation Commission, the project is consistent with zoning adopted by the 
commission. This criterion does not apply to any project that uses tidal action as a source 
of electrical or mechanical power. 
Sec. D-S. 38 MRSA §636-A is enacted to read: 
§636-A. General permit for tidal energy demonstration project 
1. Definitions. As used in this section, unless- the context otherwise indicates, the 
following terms have the following meanings. 
A. "Tidal energy demonstration project" or "project" means a hydropower project 
that uses tidal action as a source of electrical power and that: 
. 
(1) Has a total installed generating capacity of 5 megawatts or less; and 
(2) 
Is proposed for the primary purpose of testing tidal energy generation 
technology, which may include a mooring or anchoring system and transmission 
line, and collecting and assessing information on the environmental and other 
effects of the technology. 
2. General permit. A person may apply for a general permit for a tidal energy 
demonstration project in accordance with this section. If a general permit is granted· 
pursuant to this section, an individual permit under section 633 is not required for the 
construction and operation of a tidal energy demonstration project. 
3. Application requirements. An applicant for a general permit must file with the 
depa~ment an application that contains the following: 
A. . Written certification that the applicant has filed an application with the Federal 
Energy Regulatory Commission for a pilot project license for a proposed tidal energy 
demonstration project, along with a copy of that application as filed with the 
commission. The application must contain such information as is required by the 
Federal Energy Regulatory Commission, including, but not limited to: 
(1) A description of the waters of the State in which the proposed project will be 
located; 
. 
(2) A description of proposed project facilities and operation; 
(3) Site-specific information regarding the ·physical environment in which the 
project is proposed to be located and the anticipated environmental effects of the 
proposed project; 
(4) Aplan for monitoring the environmental effects of the project through the 
term of the general permit; 
(5) A plan for safeguarding the public and environmental resources through the 
term of the general permit; 
(6) A plan for removing the project after the termination of the general permit 
unless the applicant is pursuing a license for a commercial tidal power project at 
the site; and 
(7) 
Documentation that, in developing the application, the applicant has 
consulted with the appropriate local, state ·and federal resource agencies, as well 
as local governments, Indian tribes, nongovernmental organizations and members 
of the public likely to be interested in the project; 
B. Documentation, including certificates of insurance, that the applicant has and will 
maintain a current general liability policy for the project that covers bodily injury, 
property damages and environmental damages in an amount considered reasonable 
by the department in consideration of the scope, scale and location of the project; 
. C. 
Documentation that the applicant has the financial and' technical capacity to 
construct and operate the project as proposed; 
D. A copy of an environmental assessment issued by the Federal Energy Regulatory 
Commission for the proposed tidal energy. demonstration project that includes a 
finding of "no significant environmental impact"· pursuant to the National 
Environmental Policy Act of 1969, Public Law 91-190, 42 United States Code, 
Chapter 55; and 
E. Written acknowledgement that, in accordance with this section, the department 
may require the applicant to take remedial action, at the applicant's expense, pursuant 
to subsection 9, including but not limited to removal of the generating facilities and 
submerged utility line and termination of the project. 
4. Notification. The department shall notify an applicant in writing within 60 days 
of its acceptance of the aimlication for processing if the department determines that the 
requirements of this section have not been met. The notification must specifically cite the 
requirements of this section that have not been met. If the department has not notified the 
applicant under this subsection within the specified time period, a general permit is 
deemed to have been granted. 
. 
5. Fees. Except as otherwise provided by section 344-A, the department shall assess 
a fee fot review of applications filed pursuant to this section as provided by section 352. 
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6. Violation. Any action taken by a persori receiving a general permit under this 
section that is not in compliance with the plans submitted under subsection 3 or as 
subsequently modified with the approval of the department in consultation with agencies 
and other entities with whom the applicant consulted in accordance with subsection 3, 
paragraph A, subparagraph (7) is a violation of the general permit. 
7. General permit term. Except as otherwise provided in subsections 8 and 9, a 
general permit granted under this section is valid for the term of the pilot project license, 
including any related annual license, issued by the lederal Energy Regulatory 
Commission for the tidal energy demonstration project that is the subject of the general 
permit. The department may grant one or more extensions of the general permit term to 
coincide with any approved extension of the term of the pilot project license or any 
related annual license issued by the Federal Energy Regulatory Commission. 
. 8. Surrender. A general permit granted pursuant to this section is deemed to have 
been surrendered and terminates on the date of approval by the Federal Energy 
Regulatory Commission of the surrender and termination of the pilot project license or 
any related annual license for the tidal energy demonstration project that is the subject of 
the general permit. An applicant may surrender to the department a general permit 
granted pursuant to this section prior to its expiration pursuant to subsection 7. Subject to 
conditions regarding project removal under subsection 10, the general permit terminates 
on the date of its surrender pursuant to this subsection .. 
9. Remedial action. If the department determines, based on the results of monitoring 
conducted by the applicant or other information, that there is substantial evidence that the 
project is having a significant adverse effect on a protected natural resource as defined by 
section 480-B, subsection 8, wildlife, including avian wildlife, bat species, marine 
mammals, fish or other marine resources or public health or safety, the department shall 
order the applicant to take action that the department considers necessary to address that 
adverse effect. Remedial action' required by the department may include, but is not 
limited to: 
A. Suspension or modification ofproject operations; or 
B. 
Cessation of operations and removal of some or all elements of the project, 
including but. not limited to the generating facilities, if there is no practicable 
alternative to address the adverse effect. 
10. Project removal. Within 60 days of termination of the project pursuant to 
subsection 7 or 8, unless the applicant is pursuing a license for a commercial tidal power 
project at the site, and within 60 days of termination of the project pursuant to subsection 
9, the applicant shall initiate implementation of the project removal plan provided for 
under subsection 3, paragraph A, subparagraph (6). 
If the applicant fails to begin 
implementing the plan within this 60-day period, the department may take such measures 
as it considers necessary to initiate and fully implement the plan by drawing on the 
financial surety provided pursuant to the project removal plan. 
The applicant's 
acceptance of the general permit constitutes agreement and consent by the applicant and 
its heirs, successors and assigns that the department may take such action as necessary to 
initiate and fully implement the project removal plan. The holder of the project removal 
funds shall release the project removal funds,when the applicant has demonstrated and 
the department concurs that the project removal plan has been satisfactorily completed or 
upon written authorization by the department in the. event the department implements the 
plan pursuant to this subsection. 
U. Local review. A municipality may not enact or enforce any land use, zoning or 
other standard, conditions or requirement regarding a tidal energy demonstration project 
located within the municipality that is stricter than the standards, conditions or 
requirements of this section. The municipality has the burden of proof regarding the 
location of the project in relation to its boundaries. Any. action by the municipality 
regarding its authorization to site, construct or operate a tidal energy demonstration 
project must be taken within 60 days of the granting of a general p~mnit under this . 
section. 
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SUMMARY 
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. This bill contains several provisions to facilitate research and development. and 
demonstration of renewable ocean energy technologies. 
Part A streamlines state permitting of offshore wind energy demonstration projects by 
creating a general permit administered by the Department of Environmental Protection 
for qualified projects located in specific offshore areas identified under Part C of the bill. 
Part B streamlines the process for issuance of a state submerged lands lease for an 
offshore wind energy demonstration project granted a general permit in accordance with 
Part A of the bill or a tidal energy demonstration project granted a general permit under 
Part D of the bill. 
Part C calls for a public process to identify up to 5 specific offshore areas in which an 
offshore wind energy demonstration project may be granted a general permit as provided 
in Part A of the bill based on consideration of potential effects on natural resources and 
existing uses, community support and· other factors. 
Part C further provides for 
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designation of one of these areas as the ·Maine Offshore Wind Energy Research Center to 
facilitate offshore wind energy-related research and development conducted by or· in 
cooperation with the University of Maine System. 
Part D streamlines state permitting of tidal energy demonstration projects by creating 
la 
general permit administered. by the Department of Environmental Protection for 
projects eligible for a pilot project license from the Federal Energy Regulatory 
·Commission. 
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