An Act To Assist in Reviewing Wind Energy Applications
Maine Legislature, Session 124, LD 1680
Committee: Utilities and Energy
Sponsors: HOBBINS, FITTS, ADAMS
Amends: 12 MRSA §685, 12 MRSA §685-B, 12 MRSA §685-F

SECOND, REGULAR SESSION-2010 
Legislative Document 
No. 1680 
S.P. 
In Senate, January 6, 2010 
An Act To Assist in Reviewing Wind Energy Applications 
Submitted by the Department of Conservation pursuant to Joint Rule 204. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator HOBBINS of York. 
, Cosponsored by Representative FITTS of Pittsfield and 
9t8(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: ADAMS of Portland, MacDONALD of Boothbay, McCABE of Skowhegan, 
McKANE of Newcastle, V AN WIE of New Gloucester. 
Printed on recycled paper 
Be it enacted by the People "fthe State of Maine as follows: 
Sec. 1. 12 MRSA §685-lJ., s1llb~§2;..C, as enacted by PL 2007, c. 661, Pt. C, §2, is 
repealed and the following enacted in its place: 
2-C. 
Wind energy development; determination deadline. 
The following 
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provisions' govern wind energy development. 
1.8 
A. The commission shall consIder any wind energy development in the expedited 
permitting area under Title 35-A, chapter 34-A with a generating capacity of 100 
kilowatts or greater a use requiring a permit, but not a special exception, within the 
affected distriCts or subdistricts'. The commission may require an applicant to provide 
a timely notiCe of filing prior to filing an application for, and may require the 
applicant to attend a public meeting during the review of, a wind energy 
development. The commission 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 
commission and may participate fully but is not required to attend hearings when the 
commission considers an application for an expedited wind energy development. 
The chair's participatio"n on the commission pursuant to this subsection does not 
affect the ability of the Publi~ Utilities Commission to submit information into the 
record of the commission's proceedings. For purposes of this subsection, "expedited 
permitting area," "expedited wind energy development" and "wind energy 
development" have the same meanings as in Title 35-A, section 3451. 
B. At the request of an applicant, the commission may stop the processing time for a 
period of time agreeable to the commission and the applicant. The expedited review 
period specified in. paragraph A does not apply to the associated facilities, as defined 
in Title 35-A, section 3451, subsection 1, of the wind energy development if the 
commission 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. 
Sec. 2. 12 MRSA §685-B, s1lllb~§4, IIffC, as amended by PL 2007, c. 661, Pt. C, 
§3, is further amended to read: 
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C. . Adequate provision has been made for fitting the proposal harmoniously into the 
existing natural environment in order to a5ffi:H'e ensure 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 making a determination under this paragraph 
regarding development to facilitate wi~hdrawal of groundwater, the commission shall 
~onsider 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 
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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, the commission 
shall consider the development's effects oli scenic character and existing uses related 
to scenic character in accordance with Title 35-A, section 3452t~ 
'. 
In making a determination under this paragraph regarding a wind energy 
development, as defined in. Title 35-A, section 3451, subsection 11, that has a 
generating capacity of 100 kilowatts or. greater ~md is located in the expedited 
permitting area, the commission shall consider the development's effects on scenic 
character and existing uses relating to scenic character in the manner provided for in 
Title 35~A, section 3452; 
Sec. 3. 12 MRSA §685-F, sub-§l, as amended by PL 2007, c. 541, Pt. B, §3and 
affected by §6, is further amended to read: . 
1. Designation as extraordinary project. The director of the Maine Land Use 
Regulation Commission, referred to in this section as "the director," may designate a 
proposed project requidng review and 'approval under this chapter as an extraordinary 
project when the director determines that the project is a wind energy development, as . 
defined in Title 35-A,section 345 L subsection 11 or, because of the project's size, . 
uniqueness or complexity, review of the project application is likely to: 
A. Significantly impair the capacity of the commission's staff and cooperating state 
agencies to review other applications in a timely manner; or 
B. 
Require the commission to incur costs that exceed the funding provided in 
accordance with .section.685-G. 
A project is considered to significantly impair the capacity of the commission's staff if 
review of that project is likely to occupy the equivalent of at least one person working 
full-time on that project for a minimum of 4 months. Designation as an extraordinary 
project must be made at or prior to the time the applicatic)fl is accepted as complete. The 
director shall notify the applicant in writing upon making the, designation. 
SUMMARY 
This bill amends the laws governing the siting of wind energy developments .. It 
makes certain provisions of the laws governing the Maine Land Use Regulation 
Commission consistent with the corresponding provisions applicable to the Department 
of Environmental Protection. 
These provisions allow the commission to require a 
. preapplication notice of filing; allow the commission to require an applicant to attend a 
public meeting during the review of a wind eriergy development; allow the commission to 
extend the processing time with the consent of the applicant; and clarify that, in certain 
circumstances, associated facilities are not subject to the same time limits. 
It also 
clarifies the definitions associated with certain terms. It clarifies that the provisions of 
law regarding a development's effects on scenic character apply to all wind energy 
developments, as defined in the Maine Revised Statutes, Title 35-A, of 100 kilowatts or 
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greater in the expedited areas of the commission's jurisdiction, including wind energy 
developments that do not qualify as grid-scale. It specifies that in the jurisdiction of the 
commission, all wind energy developments are subject to fee provisions as extraordinary 
projects, allowing the commission to recover costs associated with processing of the. 
applications, including the cost of noise or other studies. 
Page] -124LR2216(Ol)-1 
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