An Act To Protect Maine's Scenic Characrer
Maine Legislature, Session 126, LD 1147
Committee Amendment CA_A_H550 (House)
Amends: 35-A MRSA §3451, 35-A MRSA §3452, 35-A MRSA §3454, 38 MRSA §341-D, 38 MRSA §344, 38 MRSA §346

COMMITTEE AMEND1vlENT "A" to H.P. 812, L.D. 1147, Bill, "An Act To 
Protect Maine's Scenic Characrer" 
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 and I-D are enacted to read: 
I-A. Combined observation. "Combined observation" means a view of multiple 
groups of turbines from a stationary point within a typical cone of vision. As used in this 
subsection, "cone of vision" means a fan-shaped field of view extending in front of a 
VIewer. 
I-D. Cumulative scenic impact or effect. "Cumulative scenic impact or effect" 
means the potential adverse effect on the scenic character and existing uses related to the 
scenic character of scenic resources of state or national significance resulting from the 
incremental impact of a propo:oed wind energy development when added to the effects of 
other past or present wind energy developments within the viewshed of a scenic resource 
of state or national significance. A determination of cumulative scenic impact or effect 
may be based upon the combined observation, successive obs.ervation or sequential 
observation of wind energy developments by a viewer from the scenic resource of state or 
national significance. 
Sec. 2. 35-A MRSA §3451, sub-§§9-A and 9-B are enacted to read: 
9-A. Sequential observaltion. "Sequential observation" means a view of more than 
one group of turbines as the viewer travels along a linear route such as a hiking trail or 
. 
. 
~ 
9-B. Successive observation. "Successive observation" means a view of multiple 
groups of turbines from a particular viewpoint, but not within the same viewing arc. 
Groups of turbines are not within the same viewing arc if a viewer has to turn the viewer's 
head or body to see another group of turbines. 
Sec. 3. 35-A MRSA §3451, sub-§10-A is enacted to read: 
COMMJ'TTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 812, L.D. 1147 
to-A. Viewshed of a scenic resource. "Viewshed of a scenic resource" means the 
geographic area as viewed from a scenic resource of state or national significance that 
includes a proposed wind energy development. The viewshed of a scenic resource may 
include the visible proposed wind energy development from a single viewer position or 
the visible proposed wind energy development from multiple viewer positions. 
The 
viewshed of a scenic resource is limited to the geographic area within 15 miles, measured 
horizontally, from the proposed wind energy development's generating facilities. 
Sec. 4. 35-A MRSA §3452, sub-§3, as enacted by PL 2007, c. 661, Pt. A. §7, is 
amended to read: 
3. Evaluation criteria. In making its determination pursuant to subsection 1, and in 
determining whether an applicant for an expedited wind energy development must 
provide a visual impact assessment in accordance with subsection 4, the primary siting 
authority shall consider: 
A. The significance of the potentially affected scenic resource of state or national 
signi ficance; 
B. The existing character of the surrounding area; 
C. The expectations of the typical viewer; 
D. 
The expedited wind energy development's purpose and the context of the 
proposed activity; 
E. The extent, nature and duration of potentially affected public uses of the scenic 
resource of state or national significance and the potential effect of the generating 
facilities' presence on the public's continued use and enjoyment ofthe scenic resource 
of state or national significance; if the generating facilities are located within 15 
miles, . measured horizontally, of Acadia National Park, the Appalachian Trail, a 
federally designated wilderness area, Baxter State Park or the Allagash Wilderness 
Waterway, there is a rebuttable presumption that the generating facilities will have an 
unreasonable adverse effect on the scenic character ofthese areas; and 
F. The scope and scale of the potential effect of views of the generating facilities on 
the scenic resource of state or national significance, including but not limited to 
issues related to the number and extent of turbines visible from the scenic resource of 
state or national significance, the distance from the scenic resource of state or 
national significance and the effect of prominent features of the development on the 
landscape. 
In applying these evaluation criteria, the primary siting authority shall consider the 
primary impact and the cumulative scenic impact or effect of the development during 
both day and night on scenic resources of state or national significance. A fmding by the 
primary siting authority that the development's generating facilities are a highly visible 
feature in the landscape is not a solely sufficient basis for determination that an expedited 
wind energy project has an unreasonable adverse effect on the scenic character and 
existing uses related to scenic character of a scenic resource of state or national 
significance. In makiBg its aetemHeatiee ooaer sl:ibseetiee 1, the primary sitiBg aHtherity 
shall eensiaer insienifieaet the effeets of oertions ef the ae',telooment's e=eneratine= 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 812, L.D. 1147 
I 
facilities located ffiore thiifl g miles, ffieasured ftorizoHtally, frOffi a sceHic reSOUf'ce of 
state or Hational sig:nificaHce. 
Sec. 5. 35-A MRSA §3452, sub-§4, as enacted by PL 2007, c. 661, Pt. A, §7, is 
repealed and the following enacted in its place: 
4. 
Visual impact assel.sment; rebuttable presumption. 
An applicant for an 
expedited wind energy development shall provide the primary siting authority with a 
visual impact assessment of the development that addresses the evaluation criteria in 
subsection 3. 
A. If portions of the development's generating facilities are located within 8 miles, 
measured horizontally, from a scenic resource of state or national significance, a 
visual impact assessment is required. 
B. Ifportions ofthe develiopment's generating facilities are located more than 8 miles 
and up to 15 miles, measured horizontally, from a scenic resource of state or national 
significance, there is a rl~buttable presumption that a visual impact assessment is 
required. Infonnation intended to rebut the presumption must be submitted to the 
primary siting authority by the applicant with the application. An interested person 
may respond to the applicant's rebuttal infonnation within 30 days of the acceptance 
by the primary siting authority of the application as complete for processing. 
C. The primary siting authority may require a visual impact assessment for portions 
of the development's generating facilities located more than 15 miles, measured 
horizontally, from a scen:lc resource of state or national significance if it finds that 
there is substantial eviden~e that a visual impact assessment is needed to detennine if 
there is the potential for 1.:lIITeasonable adverse effects on scenic resources of state or 
national significance. Infonnation intended to rebut or support the need fora visual 
impact assessment of effects on scenic resources more than 15 miles from the 
development's generating facilities must be submitted to the primary siting authority 
by the applicant or any interested person not later than 60 days after acceptance by 
the primary siting authority of the application as complete for processing. The 
applicant has an additional 15 days to respond to infonnation submitted by interested 
persons. 
The primary siting authority shall make decisions under this subsection based on a 
preponderance of evidence in 1:he record. 
Sec. 6. 35-A MRSA §3454, first~, as amended by PL 2011, c. 655, Pt. DD, §14 
and affected by §24 and amended by c. 682, §27, is repealed and the following enacted in 
its place: 
In making findings pursuant to Title 38, section 484, subsection 3, the primary siting 
authority shall presume that an expedited wind energy development provides energy and 
emissions-related benefits described in section 3402 and shall make additional findings 
regarding other tangible benefits provided by the development. 
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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A "to H.P. 812, L.D. 1147 
Sec. 7. 35-A MRSA §3454, sub-§1, as enacted by PL 2009, c. 642, Pt. A, §7, is 
amended to read: 
1. Documentation. As part of any permit application for an expedited wind energy 
development, the applicant shall include the following information regarding tangible 
benefits, except that the applicaet may submit the information required under paragraph 
D as an addendum to the Derrllit aDDlication durin!:! the DeFiod in which the aDDlication is 
pending: 
A. 
Estimated jobs to be created statewide and in the host community or 
communities, as a result of construction, maintenance and operations of the project; 
B. Estimated annual generation of wind energy; 
C. Projected property tax payments; 
D. A description 'of the community benefits package, including but not limited to 
community benefit agreement payments, to be provided in accordance with the 
requirements of subsection 2; and 
E. Any other tangible benefits to be provided by the project. 
Sec. 8. 38 MRSA §341-D, sub-§4, ~, as amended by PL 2011, c. 304, Pt. H, 
7 
§ 9, is further amended to read: 
D. License or permit decisions regarding an expedited wind energy development as 
defined in Title 35-A, section 3451, subsection 4 or a general permit pursuant to 
section 480-HH or section 636-A. In reviewing an appeal of a license or permit 
decision by the commissioner under this paragraph, the board shall base its decision 
on the administrative record of the department, including the record of any 
adjudicatory hearing held by the department, and any supplemental information 
allowed by the board for supplementation of the record. The board may remand the 
decision to the department for further proceedings if appropriate. The chair of the 
Public Util:ities CofIlfffissioR or the chair's designee serves as a RORYOtiB.g meml3er of 
the aoard aed is eRtitled to fully participate aut is not required to atteRd hearings 
wheR the goard cORsiders aR appeal pursuaRt to this pamgraph. 
The chair's 
participation on the goard pursuaBt to this paragraph does not affect the agility of the 
Public Utilities CommissioR to submit informatioR to the deBartmeBt for inclusion in 
the record of any proceeding gefore the department. 
Sec. 9. 38 MRSA §344, sub-§2-A, ~ 
is enacted to read: 
D. The commissioner shall accept public comment on an application during the 
course of processing the application. The commissioner shall set a deadline for 
receiving public comments. The commissioner may not issue' a fmal license or 
permit decision until at least 10 business days after the close of the public comment 
period. 
Sec. 10. 38 MRSA §346, sub-§4, as repealed and replaced by PL 2011, c. 420, 
Pt. A, §34, is amended to read: 
4. 
Appeal of decision. 
A judicial appeal of final action by the board or 
commissioner regarding an applicatioR for an expedited 'lAnd energy de:velopment, as 
defl:lled in Title 35 A. section 3451. sHl9section4. or a general permit pursuant to section 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 812, L.D. 1147 
480-HH or section 636-A tilUBt be taken to the Supreme Judicial Court sitting as the Law 
Court. The Law Court has exclusive jurisdiction over request for judicial review of final 
action by the commissioner or the board regarding e~(peaited wiRa sRergy aeyslepmsftts 
er a general permit pursuant i:O section 480-HH or section 636-A. These appeals to the 
Law Court must be taken in the manner provided in Title 5, chapter 375, subchapter 7 and 
the Maine Rules of Civil Procedure, Rule 80C. I 
SUMMARY 
This amendment replaces the bill. It adds a new definition of "cumulative scenic 
impact or effect" to address potential cumulative impacts related to multiple wind energy 
generating facilities that are observed from a scenic resource 6f state or national 
significance. It changes the size of the area in which an analysis of visual impact must be 
undertaken from 3 and 8 miles currently to 8 and 15 miles. It creates a rebuttable 
presumption of unreasonable adverse effect on scenic character if the generating facility 
is located within 15 miles of Acadia National Park, the Appalachian Trail, a federally 
designated wilderness area, Baxter State Park or the Allagash Wilderness Waterway. 
FISCAL ~OTE REQCIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/31/13 ;t!;:?ac.. 
LD 1147 
LR 767(02) 
An Act To Protect Maine's Scenic Character 
Fiscal Note for Bill as Amended by Committee Amendment /1' ( H~s:D) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs incurred by the Department of Environmental Protection related to rulemaking activities 
addressing cumulative scenic impact requirements in this bill can be absorbed within existing budgeted resources. 
LR0767(02) - Fiscal Note - Page 1 of 1