An Act To
Maine Legislature, Session 126, LD 0385
Committee Amendment CA_A_H521 (House)
Amends: 35-A MRSA §3451, 35-A MRSA §3452-A, 35-A MRSA §3459, 38 MRSA §344

COMMITTEE AMENDMENT "A" to H.P. 260, L.D. 385, Bill, 
Improve Wind Energy Development Permitting" 
"An Act To 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §3451, sub-§l-A is enacted to read: 
I-A. Best practical mitigation. "Best practical mitigation" means methods or 
technologies used during construction or operation of a wind energy development that 
control or reduce to the lowest feasible level impacts to scenic or wildlife resources in 
accordance with rules adoptt:d by the department. "Best practical mitigation" may 
include, but is not limited to .. turbine and blade coloration to reduce visual impacts, 
aircraft detection technologies to reduce the need for aircraft hazard warning lighting, 
technologies to detect at-risk animal populations and modification or curtailment of 
operations during specified times or conditions to reduce bird and bat mortality. 
Sec. 2. 35-A MRSA §3452-A is enacted to read: 
§3452-A. Impact on Bicknell's Thrush habitat; adverse effect 
If any portion of the generating facilities or associated facilities of a wind energy 
development is proposed to be located within a conterminus area of coniferous forest that 
lies above 2,700 feet in elevation, is at least 25 acres in size and provides suitable habitat 
for Bicknell's Thrush, CathafSllls bicknelli, and in which sightings of Bicknell's Thrush 
have been documented to occur dur~g the bird's breeding season within the previous 15 
years, there is a rebuttable presumption that the development would constitute a 
significant adverse effect on natural resources for the purposes of Title 38, section 484, 
subsection 3. The presumption extends to the entire conterminus area of suitable habitat 
and is not limited to the part~: of the area immediately proximate to where Bicknell's 
Thrush sightings have been documented. 
Sec. 3. 35-A MRSA §3459 is enacted to read: 
COMMI'TTEE AMENDMENT 
COMMITIEE AMENDMENT "A" to H.P. 260, L.D. 385 
I 
§3459. Best practical mitigation 
1. Process.' An application for a grid-scale wind energy development must contain, 
and the primary siting authority shall require, best practical mitigation for all aspects of 
construction and operation of generating facilities. In determining best practical 
mitigation options, the primary siting authority shall consider: 
A. The existing state of technology; 
B. The effectiveness of available technologies or methods for reducing impacts; and 
C. The economic feasibility of the type of mitigation under consideration. 
2. Rules. The department shall adopt rules governing best practical mitigation under 
this section. Rules adopted under this subsection are major substantive rules as described 
in Title 5, chapter 375, subchapter 2-A. Any amendments to the rules after final adoption 
of the major substantive rules are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
Sec. 4. 38 MRSA §344, sub-§2-A, ~ 
is enacted to read: 
D. For an application for a permit for a grid-scale wind energy development. as 
defined in Title 35-A, section 3451, subsection 6, the following procedures apply. 
(1) Except as provided in subparagraph (2), if 5 or more interested persons 
request in writing that the commissioner hold a public hearing, a hearing must be 
held as follows. 
(a). Notwithstanding any other provision of law, the Secretary of State shall 
publish a notice of the hearing in a newspaper of general circulation in the 
State. The published notice must: 
(i). State the time and place of any scheduled hearing or state the manner 
in which a hearing may be requested; 
(ii). State the manner and time within which data, views or arguments 
may be submitted to the department for consideration; 
(iii). State the name, address and phone number of the department staff 
person responsible for providing additional information regarding the 
hearing; and 
(iv). Include a brief and general summary of the purpose of the hearing. 
The department shall reimburse the Secretary of State for any costs incurred 
under this division. 
(b). 
The department shall post a notice of the hearing on its publicly 
accessible website 17 to 24 days prior to the hearing. 
(c). The hearing is not an adjudicatory hearing and is not subject to the 
requirements of Title 5, chapter 375. subchapter 4. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT ,,/l· to H.P. 260, L.D. 385 
(d). The commissioner or a designee who has decision-making responsibility 
over the subject matter to be discussed at the hearing shall hold and conduct 
the hearing. 
(e). Written statements and arguments concerning the aPlJlication must be 
filed within 10 days after the close of the hearing unless a longer period is 
established by the commissioner. 
CD. All witnesses must be sworn in. 
(g). All public comments must be transcribed and included as part of the 
record. 
(2) The commissioner shall hold an adjudicatory hearing under Title 5, chapter 
375. subchapter 4 if 2 or more interested parties who qualify as intervenors 
request an adjudicatOI) hearing in writing stating an intent to offer a witness or 
cross-examine a witness, unless the commissioner determines and records in 
writing why an adjudicatory hearing will not assist the commissioner in 
understanding information relevant to the application. 
(3) The commissioner :;hall accept public comment on an application during the 
course of processing the application. The commissioner shall set a deadline for 
receiving public comments. 
(4) The commissioner may not issue the final decision until 10 business days 
after the close of the p'llblic comment period. The commissioner's final decision 
must include responses to the public comments.' 
SUMMARY 
This amendment is the maJonty report and replaces the bill. 
The amendment 
modifies the permitting process for grid-scale wind energy developments by providing 
for public comment and the opportunity for the public to request a hearing and by 
permitting an intervenor to request an adjudicatory hearing. The amendment provides a 
rebuttable presumption that wind energy development constitutes a significant adverse 
effect on natural resources if pwposed in a Bicknell's Thrush habitat 25 acres or larger in 
which Bicknell's Thrush have been documented. The amendment also requires that a 
grid-scale wind energy develo:pment permit application must contain options for best 
practical mitigation to reduce impacts on scenic or wildlife resources. 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/14/13 .:tvac.. 
LD385 
LR 1345(02) 
An Act To Improve Wind Energy Development Permitting 
Fiscal Note for Bill as Amended by Committee Amendment A'[H-5;JJ) 
Committee: Energy, Dtili!ies and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs incurred by the Department of Environmental Protection related to rulemaking and changes to the 
permitting process for wind energy development projects can be absorbed within existing budgeted resources. 
LR1345(02) - Fiscal Note - Page 1 of 1