An Act To Place a Moratorium on Expedited Permitting of Grid-scale Wind Energy Development
Maine Legislature, Session 125, LD 0502
Committee: Energy, Utilities and Technology
Sponsors: DUNPHY, RICHARDSON, BLACK, CRAY, DAVIS, HARMON, O'CONNOR, SIROCKI, WINTLE
Amends: 35-A MRSA §3459

Legislative Document 
No. 502 
H.P. 395 
House of Representatives, February 14, 2011 
An Act To Place a Moratorium on Expedited Permitting of Grid-
scale Wind Energy Development 
(EMERGENCY) 
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 Representative RICHARDSON of Warren and 
Representatives: BLACK of Wilton, CRAY of Palmyra, DAVIS of Sangerville, HARMON of 
Palermo, McCLELLAN of Raymond, O'CONNOR of Berwick, SIROCKI of Scarborough, 
WINTLE of Garland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, implementation of expedited grid-scale wind energy development in the 
State has resulted in significant controversy; and 
Whereas, this controversy demonstrates the need for review of state policy to ensure 
that expedited permitting and subsequent siting of grid-scale wind energy developments 
proceed in a manner that preserves public confidence that the interests of all citizens and 
property owners have been given due consideration; and 
Whereas, grid-scale wind energy development permitting rules adopted in 2008 
were created using assumptions that have since been shown to be in error; those rules 
attempted but failed to resolve controversies associated with the siting of grid-scale wind 
energy developments; and 
Whereas, protection of the citizens of the State and their property rights requires 
that the permitting process be temporarily interrupted pending the necessary review; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3459 is enacted to read: 
§3459.  Moratorium 
Notwithstanding Title 1, section 302 and the other provisions of this chapter, a 
primary siting authority may not issue any permits under this chapter or accept any 
applications for permits under this chapter for 6 months from the effective date of this 
section. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill places a 6-month moratorium on the submission of applications or granting 
of permits for expedited grid-scale wind energy developments in the State to allow time 
for further consideration and review of implementation policies. The permitting of wind 
energy developments, including grid-scale wind energy developments, under 
nonexpedited procedures and statute is unaffected by this bill and remains available for 
those parties pursuing permits for the placement of a wind energy development.