An Act To Enhance Maine's Economy and Environment
Maine Legislature, Session 126, LD 1375
Committee: Energy, Utilities and Technology
Sponsors: PATRICK, GERZOFSKY, JACKSON, BRIGGS
Amends: 2 MRSA §9, 12 MRSA §1862, 35-A MRSA §3143, 35-A MRSA §3210, 35-A MRSA §3210-C, 35-A MRSA §3212, 35-A MRSA §3402, 35-A MRSA §3404, 35-A MRSA §3451, 35-A MRSA §3453, 35-A MRSA §3454, 35-A MRSA §10104, 38 MRSA §342, 38 MRSA §345-A, 38 MRSA §345-B, 38 MRSA §484, 33 MRSA §173

Legislative Document 
No. 1375 
S.P. 482 
In Senate, April 9, 2013 
An Act To Enhance Maine's Economy and Environment 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator PATRICK of Oxford. 
Cosponsored by Senators: GERZOFSKY of Cumberland, JACKSON of Aroostook, 
Representative: BRIGGS of Mexico. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  2 MRSA §9, sub-§3, ¶C, as amended by PL 2011, c. 400, §1, is further 
amended to read: 
C.  In consultation with the Efficiency Maine Trust Board, established in Title 5, 
section 12004-G, subsection 10-C, prepare and submit a comprehensive state energy 
plan to the Governor and the Legislature by January 15, 2009 and submit an updated 
plan every 2 years thereafter. Within the comprehensive state energy plan, the 
director shall identify opportunities to lower the total cost of energy to consumers in 
this State and transmission capacity and infrastructure needs and recommend 
appropriate actions to lower the total cost of energy to consumers in this State and 
facilitate the development and integration of new renewable energy generation within 
the State and support the State's renewable resource portfolio requirements specified 
in Title 35-A, section 3210 and wind energy development goals specified in Title 
35-A, section 3404. The comprehensive state energy plan must include a section that 
specifies the State's progress in meeting the oil dependence reduction targets in 
subsection 5.  The office shall make recommendations, if needed, for additional 
legislative and administrative actions to ensure that the State can meet the reduction 
targets in subsection 5. The recommendations must include a cost and resource 
estimate for technology development needed to meet the reduction targets; 
Sec. A-2.  12 MRSA §1862, sub-§13, ¶B, as enacted by PL 2009, c. 615, Pt. B, 
§1 and amended by PL 2011, c. 657, Pt. W, §7 and c. 682, §38, is further amended to 
read: 
B.  In accordance with the findings in paragraph A, the following provisions apply to 
an application for a lease or easement for a renewable ocean energy project. 
(1)  No more than 30 days prior to filing applications in accordance with this 
paragraph, an applicant for a lease or easement for a renewable ocean energy 
project shall participate in a joint interagency preapplication meeting that 
includes the Department of Marine Resources and is in accordance with 
permitting procedures of the Department of Environmental Protection or the 
Maine Land Use Planning Commission, as applicable. 
(2)  An applicant for a lease or easement for a renewable ocean energy project 
must file and certify to the director that it has filed completed applications for 
requisite state permits under chapter 206-A or Title 38, chapter 3, subchapter 1, 
article 5-A or 6 or Title 38, chapter 5, subchapter 1, article 1, subarticle 1-B, as 
applicable, prior to or concurrently with submission of its submerged lands lease 
application under this section and shall provide a copy of any such applications to 
the director upon request. 
(3)  The director shall provide notice to the Marine Resources Advisory Council 
under section 6024 and any lobster management policy council established 
pursuant to section 6447 in whose or within 3 miles of whose designated lobster 
management zone created pursuant to section 6446 the proposed development is 
located.  The Marine Resources Advisory Council and any lobster management 
policy council notified pursuant to this subparagraph may provide comments 
within a reasonable period established by the director, and the director shall 
consider the comments in making findings pursuant to subsection 2, paragraph A, 
subparagraph (6). 
(4)  The director may issue a lease or easement for a hydropower project, as 
defined in Title 38, section 632, subsection 3, that uses tidal or wave action as a 
source of electrical or mechanical power, for a term not to exceed 50 years, as 
long as the lease term is less than or equal to the term of the license for the 
project issued by the Federal Energy Regulatory Commission. 
(5)  If requested by an applicant, and with provision for public notice and 
comment, the director may issue one or more of the following for a renewable 
ocean energy project prior to issuance of a 30-year lease for the project: 
(a)  A lease option, for a term not to exceed 2 years, that establishes that the 
leaseholder, for purposes of consideration of its application for state permit 
approvals under chapter 206-A or Title 38, chapter 3, subchapter 1, article 
5-A or 6 or Title 38, chapter 5, subchapter 1, article 1, subarticle 1-B, as 
applicable, has title, right or interest in a specific area of state submerged 
lands needed to achieve the purposes of the project as described in 
conceptual plans in the lease application; 
(b)  A submerged lands lease, for a term not to exceed 3 years, that authorizes 
the leaseholder to undertake feasibility testing and predevelopment 
monitoring for ecological and human use impacts as described in conceptual 
plans in the lease application and conditioned on receipt of requisite federal, 
state and local approvals; and 
(c)  A submerged lands lease, for a term not to exceed 5 years, that authorizes 
the leaseholder to secure requisite federal, state and local approvals and 
complete preoperation construction, as long as the applicant provides detailed 
development plans describing all operational conditions and restrictions. 
(6)  Except as otherwise provided in this paragraph, the annual rent for a wind 
energy demonstration project for which a general permit has been issued under 
Title 38, section 480-HH is $10,000 per year for the term of the general permit.  
The annual rent for a tidal energy demonstration project for which a general 
permit has been issued under Title 38, section 636-A is $100 per acre of 
submerged lands occupied by the project for the term of the general project, 
except that the annual rent may not exceed $10,000. As used in this paragraph, 
"submerged lands occupied" includes the sum of the area on which turbines, 
testing and monitoring equipment, anchoring or mooring lines, submerged 
transmission cables or other structures are placed and any additional area from 
which the director finds it necessary to exclude transient public trust uses to 
avoid unreasonable interference with the project's purposes.  An annual rent is 
not required for an offshore wind energy demonstration project located in the 
Maine Offshore Wind Energy Research Center, as designated by the department 
under section 1868, subsection 2. 
(7)  The director shall charge a lessee an annual rent in accordance with a fee 
schedule, established by the division by rule, that balances state goals of 
assurance of fair compensation for use and mitigation of potential adverse effects 
on or conflict with existing uses of state-owned submerged lands that are held in 
trust for the people of the State with state renewable ocean energy-related goals, 
including state wind energy generation goals established in Title 35-A, section 
3404, subsection 2.  Rules adopted pursuant to this subparagraph are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
(8)  The director may not require additional public compensation pursuant to 
subsection 9. 
(9)  The director may issue a lease for a buffer zone comprising a land or water 
area around permanent structures located on submerged or intertidal land if: 
(a)  The director determines such a buffer zone is necessary to preserve the 
integrity or safety of the structure or fulfill the purposes of the project; and 
(b)  The director consults with the Commissioner of Marine Resources 
regarding the need for such a buffer, its location and size and options to 
minimize its potential effects on existing uses. 
Sec. A-3.  35-A MRSA §3143, sub-§3, ¶B, as enacted by PL 2009, c. 539, §2, is 
amended to read: 
B.  Deployment and integration into the electric system of renewable capacity 
resources, as defined in section 3210-C 3210, subsection 1 2, paragraph E B-3, that 
are interconnected to the electric grid at a voltage level less than 69 kilovolts; 
Sec. A-4.  35-A MRSA §3210, sub-§2, ¶B-4, as amended by PL 2011, c. 413, 
§1, is further amended to read: 
B-4.  "New" as applied to any renewable capacity resource means a renewable 
capacity resource that: 
(1)  Has an in-service date after September 1, 2005; 
(2)  Was added to an existing facility after September 1, 2005; 
(3)  For at least 2 years was not operated or was not recognized by the New 
England independent system operator as a capacity resource and, after September 
1, 2005, resumed operation or was recognized by the New England independent 
system operator as a capacity resource; or 
(4)  Was refurbished after September 1, 2005 and is operating beyond its 
previous useful life or is employing an alternate technology that significantly 
increases the efficiency of the generation process. 
For the purposes of this paragraph, "capacity resource" has the same meaning as in 
section 3210-C, subsection 1, paragraph A means an interruptible, demand response 
or energy efficiency capacity resource that is recognized by the commission, a 
renewable capacity resource or an electric generation source other than a renewable 
capacity resource.  For the purposes of this paragraph, "to refurbish" means to make 
an investment in equipment or facilities, other than for routine maintenance and 
repair, to renovate, reequip or restore the renewable capacity resource. 
Sec. A-5.  35-A MRSA §3210-C, as amended by PL 2011, c. 273, §§1 and 2 and 
affected by §3 and amended by c. 413, §§2 and 3, is repealed. 
Sec. A-6.  35-A MRSA §3212, sub-§4-C, as enacted by PL 2005, c. 677, Pt. B, 
§2, is amended to read: 
4-C.  Authority to establish various contract lengths and terms.  For the purpose 
of providing over a reasonable time period the lowest price for standard-offer service to 
residential and small commercial customers, the commission, with respect to residential 
and small commercial standard-offer service, may, in addition to incorporating cost-
effective demand response and energy efficiency pursuant to subsection 4-B and to the 
extent authorized in section 3210-C, incorporating the energy portion of any contracts 
entered into pursuant to section 3210-C, establish various standard-offer service contract 
lengths and terms. 
Sec. A-7.  35-A MRSA §3402, as amended by PL 2009, c. 615, Pt. A, §2 and PL 
2011, c. 682, §38, is repealed. 
Sec. A-8.  35-A MRSA §3404, as amended by PL 2009, c. 615, Pt. A, §§3 and 4, 
is repealed. 
Sec. A-9.  35-A MRSA §3451, sub-§1-B, as enacted by PL 2009, c. 642, Pt. A, 
§2, is repealed. 
Sec. A-10.  35-A MRSA §3451, sub-§1-C, as enacted by PL 2009, c. 642, Pt. A, 
§3, is repealed. 
Sec. A-11.  35-A MRSA §3451, sub-§7, as amended by PL 2009, c. 642, Pt. A, 
§4, is repealed. 
Sec. A-12.  35-A MRSA §3451, sub-§8-A, as enacted by PL 2009, c. 642, Pt. A, 
§5, is repealed. 
Sec. A-13.  35-A MRSA §3451, sub-§10, as amended by PL 2009, c. 642, Pt. A, 
§6, is repealed. 
Sec. A-14.  35-A MRSA §3453, sub-§1, as enacted by PL 2007, c. 661, Pt. A, §7, 
is amended to read: 
1.  Geographic extension.  Involves a logical geographic extension of the currently 
designated expedited permitting area; and 
Sec. A-15.  35-A MRSA §3453, sub-§2, as enacted by PL 2007, c. 661, Pt. A, §7, 
is repealed. 
Sec. A-16.  35-A MRSA §3454, as amended by PL 2011, c. 655, Pt. DD, §§14 
and 15 and affected by §24 and amended by c. 682, §§27 and 28, is repealed. 
Sec. A-17.  35-A MRSA §10104, sub-§4, ¶D, as amended by PL 2009, c. 518, 
§8, is further amended to read: 
D.  Prior to submission of the triennial plan to the commission, the trust shall offer to 
provide a detailed briefing on the draft plan to the joint standing committee of the 
Legislature having jurisdiction over energy matters and, at the request of the 
committee, shall provide such a briefing and opportunity for input from the 
committee.  After providing such opportunity for input and making any changes as a 
result of any input received, the board shall deliver the plan to the commission for its 
review and approval.  The commission shall open a proceeding and issue an order 
either approving the plan or rejecting the plan and stating the reasons for the 
rejection.  The commission shall reject elements of the plan that propose to use funds 
generated pursuant to sections 3210-C, section 10110, 10111 or 10119 if the plan 
fails to reasonably explain how these elements of the program would achieve the 
objectives and implementation requirements of the programs established under those 
sections or the measures of performance under subsection 3.  Funds generated under 
these statutory authorities may not be used pursuant to the triennial plan unless those 
elements of the plan proposing to use the funds have been approved by the 
commission. The commission shall approve or reject any elements of the triennial 
plan within 60 days of its delivery to the commission.  The board, within 15 days of 
final commission approval of its plan, shall submit the plan to the joint standing 
committee of the Legislature having jurisdiction over energy matters together with 
any explanatory or other supporting material as the committee may request and, at the 
request of the committee, shall provide a detailed briefing on the final plan.  After 
receipt of the plan, the joint standing committee of the Legislature having jurisdiction 
over energy matters may submit legislation relating to the plan. 
Sec. A-18.  38 MRSA §342, sub-§18 is enacted to read: 
18.  Wind energy development complaints. The commissioner shall establish 
protocols for accepting and addressing public complaints related to wind energy 
developments as defined in Title 35-A, section 3451, subsection 11. 
Sec. A-19.  38 MRSA §345-A, sub-§1-A, as enacted by PL 1989, c. 890, Pt. A, 
§29 and affected by §40, is amended to read: 
1-A.  Department hearings.  The Except for public hearings related to wind energy 
developments as defined in Title 35-A, section 3451, subsection 11 that have generated 
significant public interest as provided for in section 345-B, the board and commissioner 
may hold public hearings as necessary to carry out responsibilities under this Title in 
accordance with this section. 
Sec. A-20.  38 MRSA §345-B is enacted to read: 
§345-B.  Public hearings for wind energy developments 
1.  Public hearing.  If the department determines there is significant public interest in 
a wind energy development, the department must hold a public hearing before approving 
a permit for a wind energy development. 
2.  Neutral party.  The public hearing under subsection 1 must be presided over by a 
neutral party that is not the department, the commissioner, the board or the applicant for 
the permit for the wind energy development. 
3.  Procedural requirements. Except as otherwise provided by this section, the 
public hearing under subsection 1 must be conducted in accordance with the procedural 
requirements of Title 5, chapter 375, subchapter 4. 
4.  Intervenor procedures. The board shall adopt rules that define the procedures 
and scope of participation for intervenors. 
5.  Fee. The cost of a public hearing under subsection 1 may be charged to an 
applicant for a permit for a wind energy development as a component of the application 
fee. Notwithstanding section 352, subsection 3, the maximum fee for processing an 
application for a wind energy development that is subject to a public hearing under this 
section may not exceed $500,000. 
6.  Subpoena power. The neutral party presiding over the public hearing under 
subsection 1 may issue subpoenas to compel the production of books, records and other 
data related to the matters in issue at any hearing. If a person served with a subpoena 
demonstrates to the satisfaction of the neutral party that the production of the information 
would, if made public, divulge methods or processes that are entitled to protection as 
trade secrets, the information may be disclosed only at a nonpublic portion of the hearing 
and is confidential and may not be available for public inspection. If any person fails or 
refuses to obey such a subpoena, the issuer of the subpoena may apply to any Justice of 
the Superior Court for an order compelling that person to comply with the subpoena. The 
Superior Court may issue an order and may punish failure to obey the order as civil 
contempt. 
7.  Public meetings. At the discretion of the neutral party presiding over the public 
hearing under subsection 1, public meetings may be held in the geographic areas of a 
proposed wind energy development for the purpose of collecting comments that become 
part of the record in a pending action. Any such meeting must be held during the period 
when written public comments may be submitted to the department. A public meeting is 
not an alternative to a public hearing and may not be held in lieu of a public hearing. 
8.  Rulemaking. The board shall adopt major substantive rules pursuant to Title 5, 
chapter 375, subchapter 2-A to implement this section. The rules must include, but are 
not limited to, the criteria to determine if an application for a wind energy development 
has generated significant public interest under subsection 1, the process for obtaining a 
neutral party to preside over the public hearing under subsection 2 and intervenor 
procedures under subsection 4. 
For the purposes of this section, "wind energy development" has the same meaning as 
in Title 35-A, section 3451, subsection 11. 
Sec. A-21.  38 MRSA §484, sub-§10, as amended by PL 2011, c. 655, Pt. DD, 
§18 and affected by §24, is further amended to read: 
10.  Special provisions; wind energy development or offshore wind power 
project.  In the case of a grid-scale wind energy development, or an offshore wind power 
project with an aggregate generating capacity of 3 megawatts or more, the proposed 
generating facilities, as defined in Title 35-A, section 3451, subsection 5: 
A.  Will be designed and sited to avoid unreasonable adverse shadow flicker effects; 
B.  Will be constructed with setbacks 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 any applicable setback 
recommended by a manufacturer of the generating facilities; and 
C.  Will provide significant tangible benefits as determined pursuant to Title 35-A, 
section 3454, if the development is an expedited wind energy development. 
D.  Will be designed to limit the visual impact of a wind turbine at night and to 
include technology that allows for lights on the wind turbine to be activated only 
when an aircraft is within a reasonable distance of the wind turbine. The department 
may adopt routine technical rules to implement this paragraph. 
The Department of Labor, the Governor's Office of Policy and Management, the 
Governor's Energy Office and the Public Utilities Commission shall provide review 
comments if requested by the primary siting authority. 
For purposes of this subsection, "grid-scale wind energy development," and "primary 
siting authority," "significant tangible benefits" and "expedited wind energy 
development" have the same meanings as in Title 35-A, section 3451. 
PART B 
Sec. B-1.  33 MRSA §173, sub-§4, ¶D, as enacted by PL 1999, c. 476, §1, is 
amended to read: 
D.  Underground oil storage tanks as required under Title 38, section 563, subsection 
6; and 
Sec. B-2.  33 MRSA §173, sub-§5, as enacted by PL 1999, c. 476, §1, is amended 
to read: 
5.  Known defects.  Any known defects.; and 
Sec. B-3.  33 MRSA §173, sub-§6 is enacted to read: 
6.  Proximity to wind energy development.  Whether the property is located within 
the State's expedited permitting area under Title 35-A, chapter 34-A or information 
regarding an existing permit or pending permit application for a grid-scale wind energy 
development, as defined in Title 35-A, section 3451, subsection 6, within 8 miles of the 
property. 
Sec. B-4.  35-A MRSA c. 34-B is enacted to read: 
CHAPTER 34-B 
PROPERTY VALUE GUARANTEE AND COMPENSATION PROGRAM 
§3471.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Asking price.  "Asking price" means the value of the eligible property at the time 
that the landowner decides to sell that property as established under section 3474. 
2.  Eligible property.  "Eligible property" means a real property parcel a boundary 
line of which is within an 8-mile radius of the base of a wind turbine, either constructed 
or proposed to be constructed under an expedited wind energy development permit.  
"Eligible property" includes any real property parcel within 8 miles of a wind turbine 
from which any portion of the generating facility is visible. 
3.  Landowner.  "Landowner" means a person who owns eligible property. 
4.  Permit.  "Permit" means the appropriate authorization from the primary siting 
authority under chapter 34-A to construct a wind energy development. 
5.  Program.  "Program" means the property value guarantee program established in 
section 3472. 
6.  Property value guarantee agreement.  "Property value guarantee agreement" or 
"agreement" means a contract entered into by a landowner and a wind energy 
development owner or operator that documents the responsibility of the wind energy 
development owner or operator to compensate the landowner for the reduction in 
property value of eligible property. 
7.  Wind energy development.  "Wind energy development" means a development 
under chapter 34-A that uses one or more wind turbines to convert wind energy into 
electrical energy for sale or use by a person other than the wind energy development 
owner or operator. A wind energy development includes generating facilities and 
associated facilities. 
§3472.  Program established; process 
1.  Established.  The property value guarantee program is established as provided in 
this section to provide compensation for the reduction in property value experienced by 
landowners within close proximity to one or more wind turbines. 
2.  Notice to landowners.  Within 30 days of submitting a permit application, a wind 
energy development applicant shall provide notice to all landowners about the program as 
provided in this subsection. 
A.  All notices must be sent to each landowner by certified mail, return receipt 
requested. 
B.  The notice must include a detailed description of the program, including a clear 
explanation of landowner responsibilities and directions for participating in the 
program.  An additional notice must be sent within 14 days of the issuance of a 
development permit advising that interested landowners must enter into a property 
value guarantee agreement within 180 days of the issuance of the permit. 
C.  The notice must include a description of the process to establish predevelopment 
baseline property values as provided in section 3473, including a clear explanation 
that a landowner interested in participating in the predevelopment baseline property 
value process must provide notice to the wind energy development owner or operator 
within 30 days of receiving the notice. 
3.  Agreement.  If a landowner chooses to enter into a property value guarantee 
agreement, the wind energy development owner or operator shall enter into the 
agreement, and both parties shall execute the agreement according to subsection 4. 
4.  Guarantee.  An agreement must provide that, if the landowner lists for sale that 
landowner's eligible property within 10 years of entering into the agreement and the 
actual sale price is less than the asking price established under section 3474, the wind 
energy development owner or operator shall pay to the landowner the difference between 
the actual sale price and the asking price.  The wind energy development owner or 
operator may make a counteroffer on any offer of purchase that is below the asking price; 
the counteroffer must be made within 48 hours of the submitted offer. 
5.  Claim; payment; interest.  If a property subject to an agreement sells for less 
than the asking price, the landowner shall make a claim to the wind energy development 
owner or operator for the difference between the asking price and the actual sale price, 
after deducting real estate commissions and normal costs associated with the sale of real 
estate in the county in which the property is located.  If the wind energy development 
owner or operator does not pay the amount owed within 10 days of the sale, the wind 
energy development owner or operator is responsible for paying interest on the amount 
owed equal to one percent per month and is responsible for attorney's fees and other costs 
associated with collecting the payment and interest required under this subsection. 
6.  Buyout.  If a landowner's eligible property fails to sell within 6 months of the 
property's being listed at the asking price, the wind energy development owner or 
operator shall purchase the property at the asking price. 
§3473.  Predevelopment baseline property values 
1.  Panel.  A panel of 3 real estate appraisers shall determine the predevelopment 
baseline property value of the eligible property of a landowner who has provided notice 
to the wind energy development owner or operator that the landowner chooses to 
participate in the predevelopment baseline property value process.  The wind energy 
development owner or operator and the landowner shall each select a neutral real estate 
appraiser and shall jointly select a neutral real estate appraiser.  Each real estate appraiser 
must be licensed in this State and must conduct business in the general area of the 
property in question. 
2.  Comparative market analysis.  Each real estate appraiser selected under 
subsection 1 shall perform a comparative market analysis of the property that compares 
the property size and improvements to no less than 3 similar properties that are listed for 
sale, using generally accepted comparative market analysis methods.  The comparative 
market analyses must be based on comparable areas not affected by wind energy 
development.  The comparative market analyses must be performed at the expense of the 
wind energy development owner or operator. 
3.  Access to property.  The landowner shall permit access to the eligible property as 
required to perform inspections for comparative market analysis under subsection 2.  The 
landowner shall provide full disclosure of known defects of the property required under 
law in this State for residential real property being offered for sale. 
4.  Reports.  Each real estate appraiser selected under subsection 1 shall provide a 
written copy of the comparative market analysis report to both the landowner and the 
wind energy development owner or operator.  The landowner and the wind energy 
development owner or operator have the right to reject comparative market analysis 
results only in the instance of a clear mistake by the real estate appraiser. 
5.  Determination of predevelopment baseline property value.  The 2 highest 
property valuations determined from each comparative market analysis made under 
subsection 2 are averaged to determine the predevelopment baseline property value. 
6.  Part of application record.  All results of the predevelopment baseline property 
value determinations made under subsection 2 become part of the permit application 
record. 
§3474.  Asking price determination 
1.  Agreed-to asking price.  If the landowner and the wind energy development 
owner or operator agree on the asking price of the landowner's eligible property, the 
agreed-to amount must be used as the asking price under the program. 
2.  Determination of asking price by appraisal.  If the wind energy development 
owner or operator and the landowner do not agree to the asking price, a panel of 3 real 
estate appraisers shall determine the asking price by appraisal. 
A.  The wind energy development owner or operator and the landowner shall each 
select a neutral real estate appraiser and shall jointly select a neutral real estate 
appraiser.  Each real estate appraiser must be licensed in this State and must conduct 
business in the general area of the eligible property. 
B.  Each real estate appraiser shall perform a comparative market analysis of the 
eligible property that compares the property size and improvements to no less than 3 
similar properties that are listed for sale, using generally accepted comparative 
market analysis methods.  The comparative market analyses must be based on 
comparable areas not affected by wind energy development. 
C.  The comparative market analyses under paragraph B must be performed at the 
expense of the wind energy development owner or operator. 
D.  The landowner shall permit access to the eligible property for inspections as 
required to perform the comparative market analysis under paragraph B.  The 
landowner shall provide full disclosure of known defects of the property as required 
under law in this State for residential real property being offered for sale. 
E.  Each real estate appraiser shall provide a written copy of the comparative market 
analysis report under paragraph B to the landowner and the wind energy development 
owner or operator.  The landowner and the wind energy development owner or 
operator have the right to reject comparative market analysis results only in the 
instance of a clear mistake by the real estate appraiser. 
F.  The 2 highest property valuations determined from each comparative market 
analysis must be averaged to determine the asking price. 
§3475.  Compensation contract 
If a landowner enters into a contract with the wind energy development owner or 
operator in which the landowner allows the placement of a wind turbine closer than 8 
miles to a boundary line of that landowner's property in exchange for any compensation 
from the wind energy development owner or operator, the landowner is ineligible to 
participate in the program unless the wind energy development owner or operator waives 
this provision and allows the landowner to enter into an agreement under the program. 
§3476.  Compensation for property value loss before the program 
1.  Permit issued before effective date.  A landowner who owns property a 
boundary line of which is within an 8-mile radius of the base of a wind turbine that was 
constructed or proposed under a permit issued prior to the effective date of this chapter 
may seek compensation from the State for any loss in property value due to the proximity 
to the wind turbine. 
2.  Process.  The process of determining the asking price by appraisal under section 
3474 for property described in subsection 1 must be used to determine the diminution in 
property value, with the Department of Environmental Protection acting as the wind 
energy development owner or operator for the purposes of the appraisal and payment of 
compensation. 
SUMMARY 
Part A of this bill repeals the Public Utilities Commission's authority to direct electric 
transmission and distribution utilities to enter into long-term contracts. It repeals the 
requirement that grid-scale wind energy developments provide tangible benefits to host 
communities and repeals the State's wind energy generation goals. It directs the 
Commissioner of Environmental Protection to develop protocols to accept public 
complaints related to wind energy developments and directs the Department of 
Environmental Protection to develop a process for a neutral party to conduct a public 
hearing on any wind energy development that generates significant public interest. The 
public hearing must be held before the department may approve an application or issue a 
permit related to a wind energy development. Part A includes provisions to decrease the 
visual impact of wind turbines at night. It also fixes cross-references. 
Part B of this bill establishes a property value guarantee program to ensure that a 
landowner whose real property is located within 8 miles of the base of a wind turbine is 
compensated for any reduction in property value resulting from the proximity of the wind 
turbine. A wind energy development owner or operator is required to notify landowners 
within an 8-mile radius of a planned wind turbine of the property value guarantee 
program. Landowners may choose to enter into a property value guarantee agreement 
with the wind energy development owner or operator under which the wind energy 
development owner or operator must pay the difference in property value if the 
landowner's real property is sold within 10 years of entering into the agreement for less 
than the asking price that is either agreed to by the parties or determined by appraisal. A 
landowner who receives compensation for the location of the wind turbine directly from 
the wind energy development owner or operator is not eligible to participate in the 
program unless the wind energy development owner or operator waives the 
disqualification. 
Part B of the bill requires sellers of residential real property to disclose to the 
purchasers whether the property to be sold is located within the State's expedited wind 
energy development permitting area or to provide information regarding an existing 
permit or a pending permit application for a grid-scale wind energy development within 8 
miles of the property. 
Part B of the bill provides a compensation provision for landowners whose property 
values have diminished due to the location of wind turbines permitted before the effective 
date of the new program.