An Act To Ensure Accurate Valuation of a Community Benefits Package for Communities That Host Wind Energy Developments
Maine Legislature, Session 125, LD 1362
Committee: Energy, Utilities and Technology
Sponsors: DUNPHY, WHITTEMORE, BLACK, CRAFTS, DAMON, FOSTER, PARKER, RICHARDSON, RIOUX, WINTLE
Amends: 35-A MRSA §3451, 35-A MRSA §3454

Legislative Document 
No. 1362 
H.P. 1001 
House of Representatives, March 30, 2011 
An Act To Ensure Accurate Valuation of a Community Benefits 
Package for Communities That Host 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 WHITTEMORE of Somerset and 
Representatives: BLACK of Wilton, CRAFTS of Lisbon, DAMON of Bangor, FOSTER of 
Augusta, PARKER of Veazie, RICHARDSON of Warren, RIOUX of Winterport, WINTLE of 
Garland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3451, sub-§1-C, as enacted by PL 2009, c. 642, Pt. A, §3, 
is repealed. 
Sec. 2.  35-A MRSA §3451, sub-§1-D is enacted to read: 
1-D.  Community benefits package.  "Community benefits package" means the net 
value of: 
A.  The positive value of the aggregate collection of tangible benefits resulting from 
any of the following: 
(1)  Payments, not including property tax payments, to the host community or 
communities, including, but not limited to, payments under community benefit 
agreements; 
(2)  Payments that reduce energy costs in the host community or communities; 
and 
(3)  Any donations for land or natural resource conservation; and 
B.  The negative value of the collection of community losses that might be expected 
as the result of the construction, operation or maintenance of an expedited wind 
energy development, as determined pursuant to standards adopted by the department 
by rule.  Such losses shall include property value losses, business revenue losses or 
any losses, material or otherwise, that are demonstrated by a person or entity owning 
property within the host community.  Rules adopted under this paragraph are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 3.  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, 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.  The community benefits package must include financial assurance in the form of 
a bond or specialized insurance product to ensure that the community benefits package 
will be paid in full if the expedited wind energy development defaults on its obligation to 
make payments under the community benefit agreement.  This subsection does not affect 
the property tax obligations of an expedited wind energy development. 
SUMMARY 
This bill adds the requirement that the valuation of the community benefits package 
for communities that host wind energy developments account for losses such as decreases 
in property value and business losses.  The bill also requires the community benefits 
package to include a financial assurance that it will be paid if there is a default.