An Act To Update the Maine Wind Energy Act To Include Low-emission Energy
Maine Legislature, Session 125, LD 1366
Committee Amendment CA_A_H610 (House)

COMMITTEE AMENDMENT "A" to H.P. 1005, L.D. 1366, Bill, "An Act To 
Update the Maine Wind Energy Act To Include Low-emission Energy" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Clarify the Expectation for the 2012 Assessment of Progress on 
Meeting Wind Energy Development Goals' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Expectations for assessment. Resolved: That, when the Governor's 
Office of Energy Independence and Security, referred to in this resolve as "the office," 
undertakes its 2011 annual assessment of progress on meeting the wind energy 
development goals pursuant to Public Law 2007, chapter 661, Part A, section 8, as 
amended by Public Law 2009, chapter 642, Part A, section 9, it shall consider the 
following specific issues. 
1. In its examination of the experiences from the permitting process, the office shall 
specifically examine: 
A. 
Whether statewide permitting standards should be applied to wind energy 
development, including, but not limited to, noise standards, visual standards, setback 
requirements and decommissioning plans; 
B. The criteria used during the permitting process to consider the visual impact of an 
expedited grid-scale wind energy development, the permits issued and any 
recommended changes to the criteria, including, but not limited to, changes to the 
criteria that require the primary siting authorities to consider insignificant the visual 
impacts greater than 8 miles from a scenic resource of state or national significance 
as defined in the Maine Revised Statutes, Title 35-A, section 3451, subsection 9; 
C. 
The quality of submitted decommissioning plans and recommendations for 
mechanisms to provide financial assurance for funding the decommissioning; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1005, L.D. 1366 
D. 
The time required for completing the permitting process, including the time 
required for conducting environmental surveys and preparing and submitting the 
applications and the associated costs. 
2. In its examination of the status of this State and each of the other New England 
states in making progress toward reducing greenhouse gas emissions, the office shall 
specifically evaluate the accuracy of the estimates generated by state agencies and wind 
energy developers for greenhouse gas reductions that are a result of wind energy 
development in this State and make recommendations for a standardized protocol, if 
necessary. 
3. In developing its recommendations regarding the wind energy development goals 
established in Title 35-A, section 3404, subsection 2, the office shall consider the number 
of wind turbines necessary to meet the goals, market conditions, development trends, 
emissions goals, siting policies, cumulative impacts and other factors that may indicate it 
is necessary to amend the wind energy development goals. 
4. In developing its recommendations regarding identification of places within the 
State's unorganized and deorganized areas for inclusion in the expedited permitting area 
established pursuant to Title 35-A, chapter 34-A, the office shall also consider whether 
places should be removed from the expedited permitting area, including, but not limited 
to, mountain area protection subdistricts, as described by the Department of 
Conservation, Maine Land Use Regulation Commission Rule Chapter 10. 
Notwithstanding Public Law 2007, chapter 661, Part A, section 8, as amended by 
Public Law 2009, chapter 642, Part A, section 9, the assessment submitted in 2012 is due 
February 1, 2012. 
Following receipt and review of the report, the Joint Standing 
Committee on Energy, Utilities and Technology may submit a bill to the Second Regular 
Session of the 125th Legislature; and be it further 
Sec. 2. Additional considerations. Resolved: That, to the extent resources are 
available, the office shall include the following in the annual assessment of progress on 
meeting the wind energy development goals pursuant to Public Law 2007, chapter 661, 
Part A, section 8, as amended by Public Law 2009, chapter 642, Part A, section 9, in the 
assessment submitted in 2012: 
1. Recommendations for the method by which permitting authorities should consider 
the cumulative impact on natural resources at the state or regional level, including but not 
limited to mountain areas and to scenic resources of state or national significance as 
defined in the Maine Revised Statutes, Title 35-A, section 3451, subsection 9; 
2. The economic effects of wind energy development on the tourism industry, to the 
extent data are available; 
3. In collaboration with the Office of the Public Advocate, an evaluation of the costs 
associated wi!h transmission upgrades for the purpose of transmitting wind energy; and 
4. The implications of the intermittency of wind power for regional markets and the 
grid, including capacity charges, the forward capacity market and electricity price 
volatility; and be it further 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1005, L.D. 1366 
Sec. 3. Use of existing data and stakeholder input. Resolved: That, when 
completing the assessments under sections 1 and 2, the office and the Office of the Public 
Advocate may draw on existing state data and studies rather than new analyses, 
including, but not limited to, those developed for the New England Wind Integration 
Study published by ISO New England in December 2010, the state climate action plan 
pursuant to the Maine Revised Statutes, Title 38, section 577 and progress evaluation in 
Title 38, section 578, the State of Maine Comprehensive Energy Plan 2008-2009 and any 
reports from the Department of Economic and Community Development, as well as on 
analyses by the Federal Government, nonprofit organizations and other parties. The office 
and the Office of the Public Advocate may also draw on input from stakeholders and 
interested parties to complete the assessments; and be it further 
Sec. 4. Health effects. Resolved: That, to the extent that resources are available, 
the Department of Health and Human Services, Maine Center for Disease Control and 
Prevention shall conduct an analysis of the research on health effects from wind turbines, 
including effects from noise, and provide a report to the Joint Standing Committee on 
Energy, Utilities and Technology by February 1, 2012. 
The report must include 
recommendations for making the information in the report easily accessible to the public.' 
SUMMARY 
This amendment is the majority report of the committee. It strikes the bill, including 
the emergency preamble and clause, and replaces it with a resolve. This amendment sets 
out the information that the Joint Standing Committee on Energy, Utilities and 
Technology expects to receive in 2012 as part of the Governor's Office of Energy 
Independence and Security's annual assessment of progress on meeting the wind energy 
development goals and authorizes the committee to submit a bill to the Second Regular 
Session of the 125th Legislature following the receipt and review of the assessment. It 
also requires the Department of Health and Human Services, Maine Center for Disease 
Control and Prevention to conduct an analysis of the research on health effects from wind 
turbines, including effects from noise. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/04111 
;t!vac 
LD 1366 
LR 1637(02) 
An Act To Update the Maine Wind Energy Act To Include Low-emission Energy 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any costs associated with the additional criteria set forth in this bill for the annual assessment by the Governor's 
Office of Energy Independence and Security (OElS) on the progress of the state related to meeting wind energy 
development goals and the consultation between the OEIS and the Office of the Public Advocate regarding wind 
energy development goals can be absorbed within existing budgeted resources. 
LRI637(02) - Fiscal Note - Page 1 of 1