An Act To
Maine Legislature, Session 126, LD 0616
Committee Amendment CA_B_H528 (House)
Amends: 35-A MRSA §3453-A

COMMITTEE AMENDMENT ~" to H.P. 435, L.D. 616, Bill, "An Act To 
Amend the Expedited Pemlitting 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: 
§3453-A. Removal of specific locations from the expedited permitting area 
The Maine Land Use Plmming Commission may remove specific locations from the 
expedited permitting area in accordance with this section and rules adopted by the Maine 
Land Use Planning Commission. Rules adopted under this section must include, but are 
not limited to, provisions that: 
1. Process. Establish a process to demonstrate that the removal of the specific 
location is supported by the registered voters within the specific location. The process 
must include: 
A. 
A public hearing at which supporters and opponents are permitted to speak. 
Speakers at the public hearing are not required to be residents of the specific location; 
and 
B. A petition process that requires that the petition: 
(1) Clearly state th~ boundaries of the specific location being proposed for 
removal; 
(2) Clearly state that those signing the petition are in support of the removal of 
the specific location from the expedited pennitting area; 
(3) Be signed by a number of registered voters within the specific location equal 
to or greater than 50% of the registered voters within the specific location that 
voted in the most recent gubernatorial election; and 
COMMJTTEE AMENDMENT 
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COMMITTEE AMENDMENT~" to H.P. 435, L.D. 616 
(4) List the reasons why removal from the expedited permitting area is being 
soughf, including the specific need for the specific location to undergo the 
process for reclassification of a land use district under Title 12, section 685-A 
that may occur as part of the standard permitting process; and 
2. 
Limitation. Limit the removal of a specific location to those portions of a 
township or plantation: 
A. With respect to which the Maine Land Use Planning Commission determines that 
the specific need under subsection 1, paragraph B cannot be met through the 
expedited permitting process; 
B. That are adjacent to other locations that are not within the expedited permitting 
area; and 
C. That can be removed from the expedited permitting area without compromising 
fulfillment of the State's policy regarding wind energy pursuant to section 3404, 
subsection 1. 
Rules adopted under this section to establish the process for removing a specific 
location from the expedited permitting area are major substantive 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 Regulation 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 additional or remove areas to this list 
by rule in the rnamler provided by this Aet in accordance with the Maine Revised 
Statutes, Title 35-A, chapter 34-A: 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
CONSERVATION, DEPARTMENT OF 
Land Use Planning Commission 0236 
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 
2014-15 
$0 
$0 
Land Use Planning Commission 0236 
Initiative: Provides funding for one limited period quarter-time Senior Planner position to 
process requests for removal of locations from the expedited permitting area. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT:J3 "to H.P. 435, L.D. 616 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
CONSERVATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENTTOTAL-ALLFUNDS 
SUMMARY 
2013-14 
$18,449 
$18,449 
2013-14 
$28,750 
$28,750 
2014-15 
$19,627 
$19,627 
2014-15 
$19,627 
$19,627 
This amendment, which is the minority report of the committee, replaces the bill. It 
requires the Maine Land Use Planning Commission to adopt major substantive rules to 
establish a process to remove a specific location from the expedited pennitting area for 
certain wind energy development under the Maine Revised Statutes, Title 35-A, chapter 
34-A. It specifies that the process must include a petition and limits the removal to places 
that are adjacent to locations that are not within the expedited pennitting area and 
requires that the removal of the place not compromise the fulfillment of the State's wind 
energy policies. The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/14/13 Mac. 
LD 616 
LR 1088(03) 
An Act To Amend the Expedited Permitting Area for Wind Energy Development under the 
Jurisdiction of the Maine Land Use Planning Commission 
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Fiscal Note for Bill as Amended by Committee Amendment:13' C fI--5:;) 8.J 
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 
$28,750 
$19,627 
$28,750 
$19,627 
Projections 
FY 2015-16 
$19,627 
$19,627 
Projections 
FY 2016-17 
$19,627 
$19,627 
The bill includes a General Fund appropriation 0[$28,750 in fiscal year 2013-14 and $19,627 in fiscal year 2014-15 
for one limited period one-quarter 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 rulemaking costs including room rental, mileage, advertising and legal 
review by the Attorney General's Office. 
LRI088(03) - Fiscal Note - Page 1 of 1