An Act To Update the Maine Wind Energy Act To Include Low-emission Energy
Maine Legislature, Session 125, LD 1366
Committee Amendment CA_B_H611 (House)
Amends: 12 MRSA §685-B, 35-A MRSA §3455, 35-A MRSA §3456, 38 MRSA §484

COMMITTEE AMENDMENT "E" 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: 
'An Act To Establish Statewide Standards for Setbacks for Wind Energy 
Development' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §685-B, sub-§4-B, ~C, as enacted by PL 2007, c. 661, Pt. C, 
§4, is amended to read: 
C. Will be constructed with setbacks of at least 1.5 miles from the base of a wind 
turbine, unless the commission at the request of a person affected by the proposed 
generating facilities determines a reduced setback is 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 The commission shall establish a process by 
which persons affected by the proposed generating facilities may petition to apply a 
reduced setback; and 
Sec. 2. 35-A MRSA §3455, as enacted by PL 2007, c. 661, Pt. A, §7, is repealed. 
Sec. 3. 35-A MRSA §3456, sub-§l, ~C, as enacted by PL 2007, c. 661, Pt. A, 
§7, is amended to read: 
C. Will be constructed with setbacks of at least 1.5 miles from the base of a wind 
turbine, unless the department at the request of a person affected by the proposed 
wind energy development determines a reduced setback is adequate to protect public 
safety. In making a finding pursuant to this paragraph, the department shall consider 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "0,, to H.P. 1005, L.D. 1366 
the recommendation of a professional, licensed civil engineer as '.yell as any 
applictHJle setback recommended by a manufacffirer of the generating facilities. The 
department shall establish a process by which persons affected by the proposed wind 
energy development may petition the primary siting authority to apply a reduced 
setback. 
Sec. 4. 38 MRSA §484, sub-§10,~, as enacted by PL 2007, c. 661, Pt. B, §12, 
is amended to read: 
B. Will be constructed with setbacks of at least 1.5 miles from the base of a wind 
turbine, unless the department at the request of a person affected by the proposed 
grid-scale wind energy development determines a reduced setback is adequate to 
protect public safety. In making a finding pursuant to this paragraph, the department 
shall consider the recommendation of a professional, licensed civil engineer as well 
as an)' applictHJle setback recommended by a manufacffirer of the generating facilities 
The department shall establish a process by which persons affected by the proposed 
grid-scale wind energy development may petition the primary siting authority to 
apply a reduced setback; and 
Sec. 5. Expectations for assessment. When the Governor's Office of Energy 
Independence and Security, referred to in this section 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 PL 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 for visual standards 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 
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. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT E" to H.P. 1005, L.D. 1366 
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. 
Sec. 6. Additional considerations. To the extent resources are available, the 
Governor's Office of Energy Independence and Security 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, as defined in 40 Code of Federal Regulations, Section 1508.7 
(2010), 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 with 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. 
Sec. 7. Use of existing data. When completing the assessments under sections 5 
and 6, the Governor's Office of Energy Independence and Security 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, any 
reports from the Department of Economic and Community Development and data from 
the Department of Administrative and Financial Services, Maine Revenue Services, as 
well as on analyses by the Federal Government, nonprofit organizations and other 
parties.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT:8" to H.P. 1005, L.D. 1366 
SUMMARY 
This amendment is the minority report of the committee. It strikes the bill, amends 
setback requirements for wind energy permitting requirements to make the setbacks at 
least 1.5 miles from the base of a wind turbine and 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. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/04111 hac. 
LD 1366 
LR 1637(03) 
An Act To Update the Maine Wind Energy Act To Include Low-emission Energy 
Fiscal Note for Bill as Amended by Committee Amendment ':8' 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any costs associated with establishing a petition process by which persons affected by a proposed grid-scale wind 
energy development may seek relief from the primary siting authority to apply a reduced setback can be absorbed by 
the Department of Environmental Protection within existing budgeted resources. Any costs associated with the 
additional criteria set forth by this bill for the annual assessment by the Governor's Office of Energy Independence and 
Security (OEIS) 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(03) - Fiscal Note - Page I of 1