An Act To Require That Expedited Wind Energy Development Projects Provide a Tangible Benefit to Maine Ratepayers in the Form of Discounts to Future Electric Rates
Maine Legislature, Session 124, LD 1504
Committee Amendment CA_A-HA_A_H829 (House)
Amends: 12 MRSA §685-F, 38 MRSA §352

, HOUSE AMENDMENT "fl" to COMMITTEE AMENDMENT "A'? to S.P. 582,: 
L.D. 1504, Bill, "An Act To Require That Expedited Wind Energy Development Projects 
Provide a Tangible Benefit to Maine Ratepayers in the Form of Discounts to Future 
Electric Rates" 
Amend the amendment in Part A by inserting before section 1 the following: 
'Sec. A-I. ,12 MRSA §685-F, sub-§3, as enacted by PL 2005, c.,.r07; '§2 '~nd': ;::: 
affected by §4, is amended to read.: 
3. Accounting system. The djrector shall r~quire that all staff involved i~' ahy:aspect: 
of an.application review for a project designated as an .extraordinary project ~eep accurate 
and regular daily time records. 
These records must describe the matters worked on,· 
services performed and amount of time devoted to those matters and services as well al?' 
amounts of m~ney expended in performing those functions .. The director· shall .. ~eep 
records of all expenses' incurred in reviewing a project; including staff time records-aHd~ 
billing statements for contracted services and billing statements from other state agencies.'. 
for'the actual cost of review.' 
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Amend the amendment in' Part A by inserting after section 6 the following: 
'Sec. A-7. 38 MRSA §352, sub-§3, as amended by PL 2009, c. 160, § 1, is further; 
amended to read: 
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. 3. Maximum fee. The commissioner shall set the actual fees and shall publish a 
schedule of all fees by Novemb~r 1 st of each year. If.thecommissioner determines th~t a 
particular application, by virtue of its size, uniqueness, complexity or other relevant 
factors, is likely to require significantly more costs than those listed on Table I, the 
commissioner may designate that application as subject to special fees" 
Such 'a 
designation must be made at, or prior to, the time the application is accepted as complete 
and may not be. based solely on the likelihood of extensive public controversy. The 
maximum fee for process'ing an application may not exceed $250,000. All department 
. staff of the department, the Department oflnland Fisheries and Wildlife, the Department 
of Conservation, the Department of Agriculture, Food and Rural Resources and the 
Department of Marine Resources who have worked on the review of the application, . 
including, but not limited to, preapplication consultations, shall submit quarterly reports 
to the commissioner detailing, the time spent on the application. and all" expenses 
Page I - 124LR2474(08)-1 
HOUSE AMENDMENT 
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. HOUSE AMENDMENT ,.;1" to COMMITTEE AMENDMENT "A"to S~P. 582, L.D, 1504 
attributable to the application, including the costs of any appeals filed by the applicant 
and, after taking into consideration the interest offa,imess and equity, any other appeals if 
the commissiorier finds it in the public interest to do so. Any appeal filed by the applicant 
of an application fee must be to the agency of jurisdiction of the application. The costs 
associated with assistance to the board on an appeal before the board may be separately 
charged.. 
The processing fee for that application must be the actual cost to th,e 
department, the Department· of Inland. Fisheries and Wildlife, the Department of 
.Conservation,the Department of Agriculture, Food and Rural Resources and the 
Department of Marine Resources. 
The processing fee must be distributed to each 
department that incurs a cost to be deposited in the account in which the expenses were. 
incurred in that department to 'reimburse the actual cost to that department. The applicant 
must be billed quarterly and all fees paid prior to receipt of the permit. Nothing in this 
section limits the commissioner's authority to enter into an agreement with an applicant 
for payment of costs in excess of the maximum fee established in this subsection.' 
. 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively . 
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SUMMARY 
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This amendment provides that the. director of the Maine Land Use Regulation 
Commission shall keep billing statements from other state agencies for the actual cost of 
review of an applica~ion. 
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The amendment requires that staff of the Department of Environmental Protection, 
the Department of Inland Fisheries and Wildlife, the Department of Conservation,' the 
Department of Agriculture, Food find Rural Resources and the Department of Marine 
Resources submit quarterly reports' to the Commissioner of Environmental' Protection 
detailing the time spent on an application that is subject to special fees. The amendment 
also requires that the processing fee for an application be equid to the actUal cost to the 
Dej:lartmerit of . Environmental Protection, the Dep~rtment of Inland Fisheries and 
····Wildlife~:the Department of Conservation, the Department of Agriculture, FoOaaiid Ruf'al 
Resources and the Department of Marine Resources and requires the processing fee to be 
distributed to each department that incurs a cost to be deposited in the account in which 
the expenses were incurred in that department to reimburse the actual cost to that 
department. The amendment requires that any appeal of aPP'lication costs must be to the 
agency of jurisdiction oft~p.jicatWn. 
SPONSORED BY:, 
y ~b/ '77'7 t 
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(Representative FI 
TOWN: Pittsfield 
FISCAL :SOTE REQURED 
(See attached) 
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HOUSE AMENDMENT 
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Approved: 04/06/10 Mae 
124th MAINE LEGISLAT{JRE 
LD 1504 
LR 2474(08) 
An Act To-RequireThat Expedited Wind Energy Development Projects Provide a Tangible Benefit tQ 
; :.. 
Maine Ratepayers in the Form of Discounts to Future Electric Rates 
Fiscal Note for House Amendment 'W' to Committee Amendment "A" . 
, 
Sponsor: Rep. Fitts of Pittsfield 
Fiscal Note Required: Yes 
Fiscal Note 
Fiscal Detail and Notes 
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Allowing the Department of Conservation under the Land, Use Regulation Commission and the Department of 
Environmental Protection to bill costs related to other state agencies' review of applications wiil increase Other 
Special Revenue Funds, revenue. The amount received related to other state' agencies' review of applications billed by 
the Department of Environmental Protection would be deposited into Other Special Revenue Funds account~-within 
the department that incurred the cost. ' Any appeals filed may reduce the amount of revenue collected by these 
,.agencies. With no history of costs associated with the review work of contributing agencies, no estimate is made of 
this revenue. 
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,.A.dditioTl;:t1 qos~sto~'st~fe,ag(;lnciesassociated with tracking and submitting detailed time and c~st-f~f;~;ti~n rel~tedto 
numerous activities cari be absorbed within existing budgeted resources.-
LR2474(08) - Fiscal Note - Page 1 of 1