An Act To Update the Maine Wind Energy Act To Include Low-emission Energy
Maine Legislature, Session 125, LD 1366
Committee: Energy, Utilities and Technology
Sponsors: GIFFORD, CRAY
Amends: 12 MRSA §689, 35-A MRSA §3401, 35-A MRSA §3402, 35-A MRSA §3403, 35-A MRSA §3404, 35-A MRSA §3451, 35-A MRSA §3454, 38 MRSA §346, 38 MRSA §352

Legislative Document 
No. 1366 
H.P. 1005 
House of Representatives, March 30, 2011 
An Act To Update the Maine Wind Energy Act To Include Low-
emission Energy 
(EMERGENCY) 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative GIFFORD of Lincoln. 
Cosponsored by Representative: CRAY of Palmyra. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in 2008, crude oil prices reached $147 per barrel and gasoline and heating 
oil prices reached over $4 per gallon, highlighting our State's reliance on petroleum for 
home heating and fuel for our vehicles and our potential to use electricity for home 
heating and automobiles; and 
Whereas, along with the foreseeable possibility of prolonged high or higher fossil 
fuel prices, the potential implications of climate change, greenhouse gas emissions from 
combustion of fossil fuels and the attendant threats to the environment, economy, social 
fabric and human health underscore the need to explore ways that we might significantly 
reduce our State's dependence on liquid petroleum fuels; and 
Whereas, renewable and low-emission energy holds potential to address our state 
and regional energy goals, including energy independence and security and limiting 
exposure to fossil fuels' price and supply volatility; and 
Whereas, our neighboring states and provinces, as well as state and adjoining 
federal waters, feature significant renewable and low-emission energy resources, 
including world-class and untapped deep water wind resources with the potential to meet 
some of the State's electricity needs, such as for lighting, appliances, heating and 
transportation, with the potential to make the State a net electricity exporter; and 
Whereas, in 2009, the Governor's Ocean Energy Task Force identified and made 
recommendations to overcome economic, technical and regulatory obstacles and to 
provide economic incentives for vigorous and efficient development of these potential 
indigenous, renewable ocean energy resources in ways that recognize the concurrent need 
to sustain the ongoing biological integrity, vitality and productivity and related existing 
uses of those natural resources and to ensure provision of benefits to the people of the 
State for use of public resources for renewable ocean electricity production; and 
Whereas, although additional economic research and related technological advances 
are needed for efficient commercialization of deep water offshore wind power, varied and 
significant potential public benefits attributable to development and transition over time 
to optimal use of this resource and the State's other renewable ocean and low-emission 
energy resources necessitates action now to explore the feasibility of the State to capture 
these benefits for the people of the State; and 
Whereas, the State must explore all energy sources that can be proven viable and 
competitive for Maine ratepayers; 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.  12 MRSA §689, as amended by PL 2009, c. 642, Pt. B, §1, is further 
amended to read: 
§689.  Appeal 
Persons aggrieved by final actions of the commission, including without limitation 
any final decision of the commission with respect to any application for approval or the 
adoption by the commission of any district boundary or amendment thereto, may appeal 
therefrom from that final action in accordance with Title 5, chapter 375, subchapter 7.  
Appeals of final actions of the commission regarding an application for an expedited 
wind energy development, as defined in Title 35-A, section 3451, subsection 4, must be 
taken to the Supreme Judicial Court sitting as the Law Court in accordance with Title 5, 
chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C.  The Law 
Court has exclusive jurisdiction over requests for judicial review of final actions of the 
commission regarding expedited wind energy developments.  This right of appeal, with 
respect to any commission action to which this right may apply, shall be is in lieu of the 
rights provided under Title 5, section 8058, subsection 1. 
Sec. 2.  35-A MRSA §3401, as enacted by PL 2003, c. 665, §3, is amended to 
read: 
§3401.  Short title 
This chapter may be known and cited as "the Maine Wind and Low-emission Energy 
Act." 
Sec. 3.  35-A MRSA §3402, as amended by PL 2009, c. 615, Pt. A, §2, is further 
amended to read: 
§3402.  Legislative findings 
The Legislature finds that it is in the public interest to explore opportunities for and 
encourage the development, where appropriate, of wind and low-emission energy 
production in the State in a manner that is consistent with all state and federal 
environmental standards and that achieves reliable, cost-effective, sustainable energy 
production on those sites in the State that will attract investment and permit the 
development of viable wind and low-emission energy projects.  The Legislature finds that 
the development of the wind and low-emission energy potential in the State needs to be 
integrated into the existing energy supply and transmission systems in a way that 
achieves system reliability, total capital cost-effectiveness and optimum short-term and 
long-term benefits to Maine people.  The Legislature finds it is in the public interest to 
encourage the construction and operation of low-emission and community wind power 
generation facilities in the State.  For the purposes of this chapter, "community wind 
power generation facility" means an electricity-generating facility at any one site with 
instantaneous generating nameplate capacity of not more than 10 megawatts that is 
powered entirely by wind energy.  The Legislature also finds it is in the public interest to 
encourage wind energy research and the development of wind generation equipment 
manufacturing facilities in the State. 
1.  Contribution of wind and low-emission energy development.  The Legislature 
finds and declares that the wind and low-emission energy resources of the State may 
constitute a valuable indigenous and renewable energy resource and that wind energy 
development, which is unique in its benefits to and impacts on the natural environment, 
makes a significant contribution to the general welfare of the citizens of the State for the 
following reasons: 
A.  Wind and low-emission energy is an may someday be developed into 
economically feasible, large-scale energy resource that does not rely on fossil fuel 
combustion or nuclear fission resources, thereby displacing electrical energy 
provided by these other sources and avoiding air pollution, waste disposal problems 
and hazards to human health from emissions, waste and by-products providing 
energy options; consequently, wind and low-emission energy development may 
become viable enough to address energy needs while making a significant 
contribution to achievement of the State's renewable energy and greenhouse gas 
reduction objectives, including those in Title 38, section 576 if the State becomes 
more reliant upon electricity;  
B.  At present and increasingly in the future with anticipated technological advances 
that promise to increase the number of places in the State where might render grid-
scale wind and low-emission energy development is economically viable, and 
changes in the electrical power market that favor viable clean power sources, wind 
and low-emission energy may be used to displace electrical power that is generated 
from fossil fuel combustion and thus reduce our citizens' dependence on imported oil 
and natural gas reduce electric rates and improve environmental quality and state and 
regional energy security; and 
C.  Renewable and low-emission energy resources within the State and, including 
those in the Gulf of Maine and neighboring states and provinces, have the potential, 
over time, to provide enough energy for the State's homeowners and businesses to 
reduce their use of oil and liquid petroleum-fueled heating systems by transition to 
alternative, renewable energy-based heating systems and to reduce their use of 
petroleum-fueled motor vehicles by transition to electric-powered motor vehicles.  
Electrification of heating and transportation has potential to increase the State’s 
energy independence, to help stabilize total residential and commercial energy bills 
and to reduce greenhouse gas emissions. 
2.  Need for modification of regulatory process for siting and permitting wind 
energy developments.  The Legislature finds that it is in the public interest to reduce the 
potential for controversy regarding improve the process for siting and permitting of grid-
scale wind energy development by expediting development in places where it is most 
compatible with existing patterns of development and resource values when considered 
broadly at the landscape level and by ensuring against undue environmental and 
economic impacts, including cumulative impacts.  Accordingly, the Legislature finds that 
certain aspects of the State's regulatory process for determining the environmental and 
economic acceptability of wind energy developments should be modified to encourage 
the siting of wind energy developments in these areas best serve the State.  Such changes 
include, but are not limited to: 
A.  Making wind energy development a permitted use within certain parts of the 
State's unorganized and deorganized areas; 
B.  Refining certain procedures of the Department of Environmental Protection and 
the Maine Land Use Regulation Commission; and 
C.  Because the Legislature recognizes that wind turbines, excavation, construction 
practices and appurtenant transmission infrastructure are potentially a highly visible 
feature features and a diminution of the landscape that will have an impact on views 
and quality of place assets, judging the effects of wind energy development on scenic 
character and existing uses related to scenic character based on whether the 
development significantly compromises views from a scenic resource of state or 
national significance such that the development has an unreasonable adverse effect on 
the scenic character or existing uses related to the scenic character of that resource. 
and on the cumulative scenic character impact statewide; and 
D.  Because the Legislature recognizes that electricity produced from wind turbines 
may have a potentially detrimental effect on ratepayers, judging the effects of wind 
energy development on rates, both on a site-specific and cumulative basis. 
The Legislature further finds that, while wind energy may be developed at many sites 
with minimal site-specific environmental impacts, wind energy developments may have, 
in addition to their beneficial environmental effects and potential scenic impacts, specific 
and cumulative adverse environmental and economic effects that must be addressed in 
state permitting decisions pursuant to approval criteria tailored to address issues 
presented by wind energy development.  Nothing in this section is meant to diminish the 
importance of addressing as appropriate site-specific and cumulative impacts on quality 
of place assets and natural values, including, but not limited to, wildlife, wildlife habitats 
and other ecological values. 
The Legislature further finds that development of the State's wind energy resources 
should be undertaken in a manner that ensures significant tangible benefits to the people 
of the State, including, but not limited to, residents of communities that host wind energy 
facilities; and that the State should seek to host a substantial amount of allow wind and 
low-emission energy, if economically and environmentally viable, as part of a strategy to 
reduce greenhouse gas emissions and meet the goals established in the state climate 
action plan developed pursuant to Title 38, section 577. 
As used in this section, "quality of place assets" has the same meaning as in Title 5, 
section 7019, subsection 3. 
3.  Transition to more efficient energy sources for home heating and 
transportation.  The Legislature finds that replacement of motor vehicles and conversion 
of residential and commercial heating systems in previously weatherized structures to 
nonpetroleum energy sources use, if economically viable, may have the ability to enhance 
energy independence and reduction of overall energy costs and greenhouse gas emissions. 
Sec. 4.  35-A MRSA §3403, sub-§2, as enacted by PL 2003, c. 665, §3, is 
amended to read: 
2.  Legal action; requirement to purchase or sell electricity prohibited.  After 
consultation with the Attorney General, the commission may initiate regulatory and other 
legal action to protect access to markets by wind power facilities located in the State.  
The commission may not require or order a transmission and distribution utility that 
begins operations on or after December 31, 2007 to purchase or sell electricity from a 
wind energy or other electric generation facility. 
Sec. 5.  35-A MRSA §3403, sub-§4 is enacted to read: 
4.  Requirements for developers.  In addition to any other requirement under this 
chapter or chapter 34-A, a person proposing a wind energy development, referred to in 
this subsection as "the developer," shall: 
A.  File a statement of intent to develop with the commissioner, giving full disclosure 
as soon as the developer contacts landowners, staff or elected officials for the purpose 
of exploring a generation site; 
B.  Record leases, options and other such instruments at the appropriate registry of 
deeds and provide notice of that recording to the host community; and 
C.  Within 30 days of filing an application, establish and fund a fund for host 
communities and intervenors for the purpose of conducting timely technical analysis 
and expert testimony.  The commissioner shall specify the amount required to be 
deposited in the fund by routine technical rulemaking pursuant to Title 5, chapter 
375, subchapter 2-A. 
Sec. 6.  35-A MRSA §3404, as amended by PL 2009, c. 615, Pt. A, §§3 and 4, is 
further amended to read: 
§3404.  Determination of public policy; state wind and low-emission energy 
generation goals 
1.  Encouragement of wind and low-emission energy-related development.  It is 
the policy of the State in furtherance of the goals established in subsection 2, to 
encourage the attraction explore the economic and environmental viability of 
appropriately sited development related to wind and low-emission energy, including any 
additional transmission and other energy infrastructure needed to transport additional 
offshore wind energy electricity to market, consistent with all state environmental 
standards; the permitting and financing of wind and low-emission energy projects; and 
the siting, permitting, financing and construction of wind and low-emission energy 
research and manufacturing facilities. 
2.  State wind and low-emission energy generation goals.  The As long as 
necessary and viable when compared to all other renewable and low-emission energy 
generation methods, the goals for wind energy development in the State are that there be: 
A.  At least 2,000 Up to 300 megawatts of installed capacity by 2015; and 
B.  At least 3,000 megawatts of installed capacity by 2020 2030, including 300 2,700 
megawatts or more from generation facilities located in coastal waters, as defined by 
Title 12, section 6001, subsection 6, or in proximate federal waters; and. 
C.  At least 8,000 megawatts of installed capacity by 2030, including 5,000 
megawatts from generation facilities located in coastal waters, as defined by Title 12, 
section 6001, subsection 6, or in proximate federal waters. 
Sec. 7.  35-A MRSA §3451, sub-§7-A is enacted to read: 
7-A.  Low-emission energy.  "Low-emission energy" means energy derived from an 
electric generation source from which harmful emissions fall below emission levels from 
a coal-fired or oil-fired generation source. 
Sec. 8.  35-A MRSA §3454, sub-§1, ¶E, as enacted by PL 2009, c. 642, Pt. A, 
§7, is amended to read: 
E.  Any other tangible benefits to be provided by the project, including benefits to the 
host community and the State. 
Sec. 9.  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 $8,000 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.  A community benefits package must be approved 
by the host community legislative body, is considered an enforceable contract and has 
priority over all other liens. 
Sec. 10.  35-A MRSA §3454, sub-§3, ¶A, as enacted by PL 2009, c. 642, Pt. A, 
§7, is amended to read: 
A.  Is waived for any expedited wind energy development that: 
(1)  Has an installed capacity of less than 20 4 megawatts; or 
(2)  Is owned by a nonprofit entity, a public entity or a quasi-public entity; and 
Sec. 11.  35-A MRSA §3454, sub-§5, as enacted by PL 2009, c. 642, Pt. A, §7, is 
amended to read: 
5.  Promoting economic development and resource conservation; assistance to 
host communities.  To the extent practicable within existing resources, the Department 
of Economic and Community Development and the Executive Department, State 
Planning Office, shall provide, upon the request of a host community, subject to 
remuneration by the applicant under this section, assistance for the purpose of helping the 
host community maximize the economic development and resource conservation benefits 
from tax payments and payments made pursuant to a community benefit agreement or a 
community benefits package in connection with expedited wind energy developments.  
As part of this assistance, the department and the office shall support host communities in 
identifying additional funding and developing regional economic and natural resource 
conservation strategies. 
Sec. 12.  38 MRSA §346, sub-§1, as amended by PL 2009, c. 642, Pt. B, §3, is 
further amended to read: 
1.  Appeal to Superior Court.  Except as provided in subsection 4 and section 
347-A, subsection 3 or 4, any person aggrieved by any order or decision of the board or 
commissioner may appeal to the Superior Court. These appeals to the Superior Court 
must be taken in accordance with Title 5, chapter 375, subchapter 7. 
Sec. 13.  38 MRSA §346, sub-§4, as amended by PL 2009, c. 615, Pt. E, §5 and c. 
642, Pt. B, §4, is repealed and the following enacted in its place: 
4.  Appeal of decision regarding an expedited wind energy development.  A 
judicial appeal of final action by the board or commissioner regarding an application for 
an expedited wind energy development, as defined in Title 35-A, section 3451, 
subsection 4, may be taken to the Supreme Judicial Court sitting as the Law Court.  These 
appeals to the Law Court must be taken in the manner provided in Title 5, chapter 375, 
subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C. 
Sec. 14.  38 MRSA §352, sub-§3, as amended by PL 2009, c. 642, Pt. A, §8, is 
further amended to read: 
3.  Maximum fee.  The commissioner shall set the actual fees and shall publish a 
schedule of all fees by November 1st of each year.  If the commissioner determines that a 
particular application, by virtue of its size, uniqueness, complexity or other relevant 
factors, is likely to require significantly more costs than those listed on Table I, the 
commissioner may designate that application as subject to special fees.   Such a 
designation must be made at, or prior to, the time the application is accepted as complete 
and may not be based solely on the likelihood of extensive public controversy.  The 
maximum fee for processing an application may not exceed $250,000 $1,000,000.  All 
staff of the department, the Department of Inland Fisheries and Wildlife, the Department 
of Conservation, the Department of Agriculture, Food and Rural Resources and the 
Department of Marine Resources who have worked on the review of the application, 
including, but not limited to, preapplication consultations, shall submit quarterly reports 
to the commissioner detailing the time spent on the application and all expenses 
attributable to the application, including the costs of any appeals filed by the applicant 
and, after taking into consideration the interest of fairness and equity, any other appeals if 
the commissioner finds it in the public interest to do so.  Any appeal filed by the applicant 
of an application fee must be to the agency of jurisdiction of the application.  The costs 
associated with assistance to the board on an appeal before the board may be separately 
charged.  The processing fee for that application must be the actual cost to the 
department, the Department of Inland Fisheries and Wildlife, the Department of 
Conservation, the Department of Agriculture, Food and Rural Resources and the 
Department of Marine Resources.  The processing fee must be distributed to each 
department that incurs a cost to be deposited in the account in which the expenses were 
incurred in that department to reimburse the actual cost to that department.  The applicant 
must be billed quarterly and all fees paid prior to receipt of the permit. Nothing in this 
section limits the commissioner's authority to enter into an agreement with an applicant 
for payment of costs in excess of the maximum fee established in this subsection. 
Sec. 15.  PL 2007, c. 661, Pt. A, §8, first ¶, as amended by PL 2009, c. 642, Pt. 
A, §9, is further amended to read: 
Sec. A-8.  Tracking progress toward achievement of state wind energy 
goals; assessment of tangible benefits.  The Executive Department, Governor's 
Office of Energy Independence and Security, referred to in this section as "the office," 
shall, on an annual basis, monitor and make an assessment on a project-specific and 
statewide basis of tangible benefits provided by expedited wind energy developments in 
accordance with the Maine Revised Statutes, Title 35-A, section 3454 and the State's 
progress toward meeting the wind energy development goals established in Title 35-A, 
section 3404, subsection 2 and, by December 2013, in consultation with other state 
agencies as appropriate, conduct a full review of the status of meeting the goals for 2015 
and the likelihood of achieving the goals for 2020.  The office shall provide its 
assessment and recommendations under this section to the joint standing committee of the 
Legislature having jurisdiction over utilities and energy matters by January 15th of each 
year. 
Sec. 16.  Grid-scale wind power in mountain area protection subdistrict.  
The Department of Conservation, Maine Land Use Regulation Commission shall amend 
its rules to prohibit the issuance or allowance of a permit for grid-scale wind power 
development in a mountain area protection subdistrict.  Rules adopted pursuant to this 
section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 
375, subchapter 2-A. 
Sec. 17.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 35-A, chapter 34, in the chapter headnote, the words 
"the Maine wind energy act" are amended to read "the Maine wind and low-emission 
energy act" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the Maine Wind Energy Act and the laws regarding expedited siting 
of grid-scale energy development to include low-emission energy, which is defined as 
energy derived from an electric generation source from which harmful emissions fall 
below emission levels from coal-fired or oil-fired electric generation sources.  The bill 
also: 
1.  Amends the legislative findings to recognize low-emission energy and the 
detrimental effects of wind turbines on the environment and potentially on ratepayers; 
2.  Prohibits the Public Utilities Commission from requiring a transmission and 
distribution utility from purchasing or selling electricity from a wind energy or other 
electric generation facility; 
3.  Changes the state goals for wind energy generation; 
4.  Amends the community benefits package provisions to: 
A.  Increase the amount an applicant for an expedited wind energy development is 
required to establish in a community benefits package from no less than $4,000 to no 
less than $8,000 per year per wind turbine; 
B.  Require the community benefits package to be approved by the legislative body of 
the host community; 
C.  Give the community benefits package a lien that has priority over all other liens; 
and 
D.  Change the exemption from the community benefits package requirement to 
apply to an expedited wind energy development that has an installed capacity of less 
than 4 megawatts instead of the current exemption of less than 20 megawatts; 
5.  Repeals the direct appeal to the Supreme Judicial Court of final action by the 
board or commissioner regarding an application for an expedited wind energy 
development; 
6.  Increases the maximum fee for processing an application that may be charged by 
the Department of Environmental Protection from $250,000 to $1,000,000; and 
7.  Requires the Department of Conservation, Maine Land Use Regulation 
Commission to amend its rules to prohibit the issuance or allowance of a permit for grid-
scale wind power development in a mountain area protection subdistrict.