An Act To
Maine Legislature, Session 126, LD 0616
Committee Amendment CA_A_H527 (House)
Amends: 35-A MRSA §3453-A

COMMITTEE AMENDMENT 4~" to H.P. 435, L.D. 616, Bill, "An Act To 
Amend the Expedited Pennitting Area for Wind Energy Development under the 
Jurisdiction of the Maine Land Use Planning Commission" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §3453-A is enacted to read: 
§34S3-A. Removal of areas from the expedited permitting area 
The Maine Land Use Planning Commission shall adopt rules governing the removal 
of a specific location in the State's unorganized or deorganized areas from the expedited 
permitting area in accordance with this section. 
1. Requirements. Rules adopted under this section must include, but are not limited 
to, provisions that: 
A. Establish a proces~; for requesting the removal of a specific location from the 
expedited permitting an~ 
B. Assess the preference of the majority of persons living in the specific location 
proposed for removal and incorporate consideration of that preference into the criteria 
developed pursuant to paragraph H; 
C. Establish criteria to detennine if a person lives in the specific location proposed 
for removal; 
D. Establish the criteria for determining the boundaries of a specific location; 
E. 
Require that before the removal of a specific location from the expedited 
permitting area a public meeting be held at which residents and landowners within 
the specific location and other persons are permitted to speak; 
F. 
Require adequate public notice of the public meeting to those residents and 
landowners within the specific location; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A " 
to H.P. 435, L.D. 616 
G. Establish the process by which the Maine Land Use Planning Commission will 
make its decision regarding the removal of a specific location from the expedited 
permitting area; and 
H. Establish criteria to be considered by the Maine Land Use Planning Commission 
when determining whether a specific location will be removed from the expedited 
permitting area. 
2. Exception. Notwithstanding Title 5, chapter 375, the Maine Land Use Planning 
Commission may by rule establish appropriate time frames for processing a request for a 
specific location to be removed from the expedited permitting area. 
3. Limitation. The Maine Land Use Planning Commission may not accept a request 
to remove a specific location from the expedited permitting area after 2 years following 
the first time the rules under this section are finally adopted. This subsection does not 
limit the time frames established by the commission under subsection 2 for the processing 
of a request filed within the allowable 2-year period. 
Rules adopted under this section to establish the procedure and review criteria for 
removing a specific location from the expedited permitting area are major substantive 
rules pursuant to Title 5, chapter 375, subchapter 2-A; subsequent rules adopted under 
this section to remove specific locations from the expedited permitting area are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec.2. PL 2007, c. 661, Pt. C, §6, first paragraph is amended to read: 
Sec. C-6. Expedited permitting area designation; permitted use. No later 
than September 1, 2008, the Maine Land Use Regela-tiofl Planning Commission shall 
adopt a rule listing the following specific places within the State's unorganized and 
deorganized areas, which comprise the expedited permitting area for purposes of this Act, 
except that the commission may subsequently add adGitioflal or remove areas to this list 
by rule ifl tee R'laflfler flro¥ided by this Aet in accordance with the Maine Revised 
Statutes, Title 35-A, chapter 34-A: 
Sec. 3. Rulemaking. The Maine Land Use Planning Commission must submit the 
provisionally adopted rules required pursuant to this Act to the Second Regular Session 
of the l26th Legislature for review by the Joint Standing Committee on Energy, Utilities 
and Technology. 
Sec. 4. Transition. A person, referred to in this section as "lead petitioner," 
representing one of the following specific locations: Carrying Place Twp., 25860; 
Concord Twp., 25818; Highland PIt., 25150; Lexington Twp., 25831; and Pleasant Ridge 
PIt., 25250 may submit not later than January 15, 2014 a letter of intent to the Maine 
Land Use Planning Commission and the Department of Environmental Protection for a 
township or plantation under this section to be removed from the expedited permitting 
area in its entirety. The Department of Environmental Protection may only accept 
submission of an application for a permit for an expedited wind energy development as 
defined in the Maine Revised Statutes, Title 35-A, section 3451, subsection 4 in the 
township or plantation identified in the letter of intent as follows. 
1. Submission of petition. If, within 60 days of the submission of a letter of intent 
for a township or plantation to be removed from the expedited permitting area, a lead 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'Il "to H.P. 435, L.D. 616 
petitioner collects a number of signatures from registered voters within that township or 
plantation supporting the removal from the expedited permitting area that represents a 
majority of the registered voters in that township or plantation at the time the petition is 
circulated and submits the petition to the Maine Land Use Planning Commission, thc 
Department of Environmental Protection may not accept submission of an application for 
a permit for an expedited wind energy development in that township or plantation. 
2. Submission of request for removal. If, within 90 days after final adoption of the 
rules under Title 35-A, section 3453-A, a lead petitioner submits a request in accordance 
with those rules for removal of a township or plantation from the expedited permitting 
area, the Department of Environmental Protection may not accept submission of an 
application for a permit for an expedited wind energy development in that township or 
plantation until the Maine Land Use Planning Commission takes final action on the 
request for removal of that township or plantation in the manner established in the rules 
adopted under Title 35-A, section 3453-A. 
The Department of Environmental Protection may accept submission of an 
application for a permit for an expedited wind energy development as defined in Title 
35-A, section 3451, subsection 4 in the township or plantation identified in the letter of 
intent if the conditions of su bsection 1 and subsection 2 are not met or if the Maine Land 
Use Planning Commission rejects in accordance with the rules established under Title 
35-A, section 3453-A the n:quest for the removal of the township or plantation from the 
expedited permitting area. 
Sec. 5. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
CONSERVATION, DEPARTMENT OF 
Land Use Planning Commission 0236 
Initiative: Provides funding for one limited period half-time Senior Planner position to 
process requests for removal of locations from the expedited permitting area. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
Land Use Planning Commission 0236 
2013-14 
$36,899 
$36,899 
2014-15 
$39,254 
$39,254 
Initiative: Provides one-time funding for rule-making costs including room rental, 
mileage, advertising and legal review by the Attorney General's Office. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2013-14 
$10,301 
$10,301 
COMMITTEE AMENDMENT 
2014-15 
$0 
$0 
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COMMITTEE AMENDMENT 'A "to H.P. 435, L.D. 616 
CONSERVATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
SUMMARY 
2013-14 
2014-15 
$47,200 
$39,254 
$47,200 
$39,254 
This amendment, which is the majority report of the committee, requires the Maine 
Land Use Planning Commission to adopt major substantive rules to establish a process to 
remove a specific location from the expedited permitting area for certain wind energy 
development under the Maine Revised Statutes, Title 35-A, chapter 34-A. 
This 
amendment prohibits the Department of Environmental Protection from accepting an 
application for a permit for an expedited wind energy development under certain 
circumstances in Carrying Place Township, Concord Township, Highland Plantation, 
Lexington Township and Pleasant Ridge Plantation until after the process for removal of 
a specified place from the expedited pennitting area is established by the Maine Land Use 
Planning Commission. The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/14113 Mac:. 
126th MJ~INE LEGISLATURE 
LD 616 
LR 1088(02) 
An Act To Amend the Expedited Permitting Area for Wind Energy Development under the 
Jurisdiction of the Maine Land Use Planning Commission 
{\ 
Fiscal Note for Bill as Amended by Committee Amendment fi' (H ". 5;). ~ 
Committee: Energy, Utilities and Technology 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$47,200 
$39,254 
$47,200 
$39,254 
Projections 
FY 2015-16 
$39,254 
$39,254 
Projections 
FY 2016-17 
$39,254 
$39,254 
The bill includes a General Fund appropriation of $47,200 in fiscal year 2013-14 and $39,254 in fiscal year 2014-15 
for one limited period one-half time Senior Planner position to process requests for removal of locations from the 
expedited permitting area. The department anticipates the position would be needed for 3 to 4 years. $10,301 of the 
2013-14 appropriation is one-time funding for mlemaking costs including room rental, mileage, advertising and legal 
review by the Attorney General's Office. 
LR1088(02) - Fiscal Note - Page 1 of 1