An Act To Minimize Conflicts between Property Owners and Grid-scale Wind Energy Developments
Maine Legislature, Session 125, LD 1479
Committee: Energy, Utilities and Technology
Sponsors: DUNPHY, THOMAS, CLARK, HARMON, KESCHL, O'CONNOR, PARKER, SIROCKI
Amends: 12 MRSA §682, 12 MRSA §685-B, 35-A MRSA §3454, 35-A MRSA §3455, 38 MRSA §484, 38 MRSA §484-C

Legislative Document 
No. 1479 
H.P. 1088 
House of Representatives, April 13, 2011 
An Act To Minimize Conflicts between Property Owners and Grid-
scale Wind Energy Developments 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DUNPHY of Embden. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: CLARK of Easton, HARMON of Palermo, KESCHL of Belgrade, 
McCLELLAN of Raymond, O'CONNOR of Berwick, PARKER of Veazie, SIROCKI of 
Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §682, sub-§20 is enacted to read: 
20.  Grid-scale wind energy development.  "Grid-scale wind energy development" 
has the same meaning as in Title 35-A, section 3451, subsection 6. 
Sec. 2.  12 MRSA §685-B, sub-§4-B, as amended by PL 2009, c. 615, Pt. D, §5, 
is further 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 that 
is not a grid-scale wind energy development and that has a generating capacity greater 
than 100 kilowatts, or a community-based offshore wind energy project, the developer 
must demonstrate, in addition 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 to avoid undue adverse shadow flicker effects; 
C.  Will 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 by a 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. 
Sec. 3.  12 MRSA §685-B, sub-§4-C is enacted to read: 
4-C.  Special provisions; grid-scale wind energy development or project.  In the 
case of a grid-scale wind energy development, the developer must demonstrate, in 
addition to requirements under subsection 4, that the proposed generating facilities, as 
defined in Title 35-A, section 3451, subsection 5, will meet the requirements in Title 38, 
section 484-C. 
Sec. 4.  35-A MRSA §3454, sub-§2, as enacted by PL 2009, c. 642, Pt. A, §7, is 
amended to read: 
2.  Community benefits package requirement.  Except as provided in subsection 3, 
to demonstrate that an expedited wind energy development provides significant tangible 
benefits as required in Title 12, section 685-B, subsection 4-B and Title 38, section 484, 
subsection 10 484-C, the applicant for an expedited wind energy development is required 
to establish a community benefits package valued at no less than $4,000 per year per 
wind turbine included in the expedited wind energy development, averaged over a 
20-year period.  This subsection does not affect the property tax obligations of an 
expedited wind energy development. 
Sec. 5.  35-A MRSA §3455, as enacted by PL 2007, c. 661, Pt. A, §7, is amended 
to read: 
§3455.  Determination of public safety-related setbacks 
In making findings pursuant to Title 12, section 685-B, subsection 4 or Title 38, 
section 484, subsection 3 on whether a wind energy development must be constructed 
with setbacks adequate to protect public safety, the primary siting authority must consider 
the recommendation of a professional, licensed civil engineer as well as any applicable 
setback recommended by a manufacturer of the generating facilities and the requirements 
in Title 38, section 484-C for grid-scale wind energy developments and offshore wind 
power projects.  The primary siting authority may require submission of this information 
as part of the application. 
Sec. 6.  38 MRSA §484, sub-§10, as amended by PL 2009, c. 615, Pt. E, §18, is 
repealed. 
Sec. 7.  38 MRSA §484-C is enacted to read: 
§484-C.  Standards for grid-scale wind energy development or offshore wind power 
projects 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Approved residential subdivision"  means a residential subdivision for which the 
developer has received all applicable land use permits for the subdivision and the 
time for beginning construction under such permits has not expired. 
B.  "Boundary line" means the boundary of a parcel of land owned or leased for a 
grid-scale wind energy development. 
C.  "Capacity factor" means the value of electricity production in one calendar month 
divided by the maximum potential production based on the nameplate capacity. 
D.  "Expedited wind energy development" has the same meaning as in Title 35-A, 
section 3451. 
E.  "Grid-scale wind energy development" has the same meaning as in Title 35-A, 
section 3451. 
F.  "Locally designated passive recreation area" means a site or area designated by a 
municipality for passive recreation that is open and maintained for public use and 
that: 
(1)  Has fixed boundaries; 
(2)  Is owned in fee simple by a municipality or is accessible by virtue of public 
easement; and 
(3)  Is identified and described in a local comprehensive plan. 
G.  "Nonparticipating property" means any parcel of land not subject to a lease 
agreement or other property agreement with a wind energy developer for a wind 
energy development. 
H.  "Offshore wind power project" has the same meaning as in section 480-B, 
subsection 6-A. 
I.  "Operator" means a person, firm or corporation owning or operating a generator or 
that person's, firm's or corporation's representative or agent. 
J.  "Permitting authority" means: 
(1)  The department, in the case of a grid-scale wind energy development subject 
to the department's jurisdiction pursuant to this article, including, but not limited 
to, a development subject to the department's jurisdiction pursuant to section 488, 
subsection 9; or 
(2)  The Maine Land Use Regulation Commission, in the case of a grid-scale 
wind energy development subject to the Maine Land Use Regulation 
Commission's jurisdiction pursuant to Title 12, chapter 206-A. 
K.  "Plan" means the site restoration and decommissioning plan developed by a wind 
energy developer. 
L.  "Planned residence" means a residence for which the owner of the parcel of land 
on which the residence is to be located has received all applicable building and land 
use permits and the time for beginning construction under such permits has not 
expired. 
M.  "Primary siting authority" has the same meaning as in Title 35-A, section 3451. 
N.  "Protected location" means: 
(1)  Any location, accessible by foot, on a parcel of land containing a residence, 
planned residence, approved residential subdivision, commercial building, house 
of religious worship, school, college, library, duly licensed hospital or nursing 
home, building or structure to house or contain domestic animals or any structure 
likely to be occupied by persons, near the site of a grid-scale wind energy 
development when an application is received by the permitting authority; and 
(2)  Any location within a state park, a national park, a historic area, a national 
wildlife refuge, the Appalachian Trail, a federally designated wilderness area, a 
state wilderness area designated by statute or a locally designated passive 
recreation area or any location within consolidated public reserve lands 
designated by rule by the Department of Conservation, Bureau of Public Lands as 
a protected location. 
O.  "Tangible benefits" has the same meaning as in Title 35-A, section 3451. 
P.  "Wind turbine" means a mechanical device that captures the energy of the wind 
and converts it into electricity. 
2.  Grid-scale wind energy development standards. 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, a developer must demonstrate: 
A.  That the proposed generating facilities, as defined in Title 35-A, section 3451, 
subsection 5 will meet: 
(1)  The following minimum setback standards: 
(a)  A wind turbine must be at least 1 1/4 miles from a protected location if 
the elevation change between the wind turbine and the protected location is 
equal to or less than 500 feet; 
(b)  A wind turbine must be at least 2 miles from a protected location if the 
elevation change between the wind turbine and the protected location 
exceeds 500 feet; 
(c)  A wind turbine must be at least 1/2 mile from the nearest boundary line 
of the parcel of land on which the wind turbine is located; and 
(d)  A wind turbine must be at least 1/3 mile from any public highway or 
right-of-way and from any aboveground utility line or facility, except for a 
utility line that directly connects a wind turbine; and 
(2)  Quantifiable sound level limits adopted by the department by rule that 
eliminate or minimize reasonable annoyance and health concerns of persons 
located near the proposed generating facilities; 
B.  That an analysis of shadow flicker effect for each wind turbine has been 
completed and that shadow flicker effects will not be perceptible on any 
nonparticipating property; 
C.  That a plan has been developed that provides for the following: 
(1)  The replacement or removal of a wind turbine in the event of the wind 
turbine's failure, including a failure due to natural disaster; 
(2)  The removal and lawful disposition of all wind turbines and other structures 
of the grid-scale wind energy development or offshore wind power project, 
including hazardous materials, foundations and all aboveground or belowground 
transmission or generator lead lines; 
(3)  The removal or adequate supervision and control of all access roads; 
(4)  To the greatest extent possible, the restoration of the parcels of land that are 
located at the grid-scale wind energy development site to their condition prior to 
the construction for the grid-scale wind energy development; 
(5)  The decommissioning of the grid-scale wind energy development site or a 
portion of the grid-scale wind energy development site upon the expiration or 
revocation of the permit or license or if the wind energy development or any 
individual wind turbine performs at less than 10% of its capacity factor for 12 
consecutive months; 
(6)  Demonstration of the posting of a 3rd-party bond in the amount of the full 
estimated costs of the decommissioning and site restoration adjusted for inflation, 
prior to the commencement of construction. The calculations used for 
determining the cost of implementing the plan and the terms and conditions of 
the bond must be in accordance with rules adopted by the department; and 
(7)  Written authorization by the wind energy developer for each municipality in 
which the grid-scale wind energy development is located and the State to have 
authority to access the parcels of land on the grid-scale wind energy development 
site for the purpose of implementing the plan in the event that the wind energy 
developer fails to implement the plan; 
D.  That roads and utility lines associated with the grid-scale wind energy 
development are the minimum feasible length as determined by the permitting 
authority; 
E.  That wind turbines that are part of the grid-scale wind energy development have 
no lighting except for the minimum lighting needed to meet the requirements of the 
Federal Aviation Administration, including any technology or system approved by 
the Federal Aviation Administration that allows for minimum illuminated time; and 
F.  If the grid-scale wind energy development is an expedited wind energy 
development, that the requirement that a grid-scale wind energy development provide 
significant tangible benefits as determined pursuant to Title 35-A, section 3454 has 
been met. 
In establishing standards and limits under this subsection, the department may establish 
different standards for offshore wind power projects and generating facilities located on 
land. 
The Department of Labor, the Executive Department, State Planning Office and the 
Public Utilities Commission shall provide review comments if requested by the 
permitting authority. 
3.  Sound level limits noncompliance. The department shall establish by rule a 
process for resolving property owner complaints regarding noise and operator 
noncompliance with the sound level limitations adopted by the department. 
4.  Waiver. A property owner whose property is subject to the requirements in 
subsection 2, paragraphs A and B may waive one or more of the requirements in 
subsection 2, paragraphs A and B by signing a written waiver of rights. The waiver of 
rights must include, but is not limited to: 
A.  The specific requirements to be waived; 
B.  The potential impact on the property owner of waiving each provision; 
C.  The grid-scale wind energy development to which the waiver applies; and 
D.  A statement that the waiver is binding on all future property owners. 
Prior to the operation of the grid-scale wind energy development, the waiver must be 
recorded in the land records of the applicable municipality or county. 
If the permitting authority determines that every property owner potentially affected by 
requirements in subsection 2, paragraph A or B has signed a waiver of rights under this 
subsection and the requirement should therefore be waived, the permitting authority shall 
waive the requirement. 
Rules adopted under this section are major substantive rules pursuant to Title 5, 
chapter 375, subchapter 2-A. 
Sec. 8.  Department rulemaking.  
1.  Rules.  When adopting rules regarding sound level limits pursuant to the Maine 
Revised Statutes, Title 38, section 484-C, paragraph A, subparagraph 2, the Department 
of Environmental Protection shall review the following documents: 
A. Town of Jackson, Maine's Wind Turbine Ordinance as approved by the Jackson 
Planning Board February 25, 2010; 
B. Town of Phillips, Maine's Wind Energy Facility Ordinance as enacted on 
September 16, 2010; 
C. Town of Montville, Maine's Wind Turbine Generator Ordinance as enacted on 
March 27, 2010; and 
D. The proposed noise rule amendment submitted with a petition to require agency 
rulemaking submitted to the Board of Environmental Protection by Rufus Brown of 
Portland, Maine, dated December 27, 2010. 
The department shall identify the most restrictive sound level limitations in the 
documents listed in paragraphs A to D and  adopt provisions in the rule that require wind 
developers to meet the most restrictive sound level limitations. The department shall also 
review the documents in paragraphs A to D when adopting rules governing property 
owner complaints regarding noise and operator noncompliance with sound level 
limitations under Title 38, section 484-C, subsection 3. 
2. Cost calculations for decommissioning. When adopting rules regarding 
calculating the cost for the implementation of the decommissioning plan pursuant to Title 
38, section 484-C, subsection 2, paragraph C, subparagraph (6), the department may not 
permit the cost of implementing the decommissioning plan to be offset by speculative or 
volatile values, such as the salvage value of materials salvaged from the parcels. 
SUMMARY 
This bill removes statutory guidance for wind energy development standards and 
creates specific statewide standards for setback requirements, shadow flicker effects and 
decommissioning plans for grid-scale wind energy developments and offshore wind 
power projects. This bill limits the length of roads and utility lines associated with a 
grid-scale wind energy development and the type of lighting that may be placed on a 
wind turbine. This bill directs the Department of Environmental Protection to adopt rules 
concerning statewide standards for sound level limits.