Resolve, To Place a Temporary Suspension on Permitting of Certain Expedited Grid-scale Wind Energy Developments
Maine Legislature, Session 126, LD 1325
Committee: Energy, Utilities and Technology
Sponsors: KAENRATH, DUNPHY, HARLOW, JONES, MORRISON

Legislative Document 
No. 1325 
H.P. 949 
House of Representatives, April 3, 2013 
Resolve, To Place a Temporary Suspension on Permitting of Certain 
Expedited Grid-scale Wind Energy Developments 
(EMERGENCY) 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative KAENRATH of South Portland. 
Cosponsored by Representatives: DUNPHY of Embden, HARLOW of Portland, JONES of 
Freedom, MORRISON of South Portland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the 125th Legislature ordered an independent review of the State's current 
wind energy development permitting goals and process; and 
Whereas, the legislatively ordered review, completed in 2012, concluded that there 
was sufficient cause to reconsider key elements of the State's wind energy development 
goals and permitting process; and 
Whereas, the Governor's Energy Office, in response to the Legislature's directive, 
published a list of recommendations addressing aspects of current wind energy 
development permitting; and 
Whereas, the Legislature has not yet acted on the recommendations made by the 
Governor's Energy Office; and 
Whereas, onshore wind energy development has proven to be controversial in some 
locations in the State and elsewhere; and 
Whereas, the legislatively ordered review revealed that significant disagreement 
exists with regard to the effects on humans and the environment and the net economic 
effects of large-scale expansion of onshore wind energy projects within the State; and 
Whereas, a significant body of information exists pertaining to the human, wildlife, 
environmental and economic impacts of onshore wind energy development that was 
unavailable during the creation of the State's current policy and laws; and 
Whereas, it is in the immediate interests of public and environmental well-being 
that the expedited wind energy permitting process be interrupted in certain sensitive 
locations pending the necessary review; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
PART A 
Sec. A-1.  Definitions.  Resolved:  That, as used in this Part, unless the context 
otherwise indicates, the following terms have the following meanings. 
1.  "Expedited permitting area" has the same meaning as in the Maine Revised 
Statutes, Title 35-A, section 3451, subsection 3. 
2.  "Expedited wind energy development" has the same meaning as in Title 35-A, 
section 3451, subsection 4. 
3.  "Generating facilities" means wind turbines and towers. 
4.  "Grid-scale wind energy development" has the same meaning as in Title 35-A, 
section 3451, subsection 6. 
5.  "Occupied dwelling" means any legally permitted residential or commercial 
structure that includes an area designated for sleeping and is continuously or temporarily 
occupied. 
6.  "Primary siting authority" has the same meaning as in Title 35-A, section 3451, 
subsection 8. 
7.  "Scenic resource of state or national significance" has the same meaning as in 
Title 35-A, section 3451, subsection 9; and be it further 
Sec. A-2.  Temporary suspension of certain expedited permitting.  
Resolved:  That, notwithstanding the Maine Revised Statutes, Title 35-A, chapter 34-A, 
during the period beginning on the effective date of this resolve and ending on the date of 
adjournment of the Second Regular Session of the 126th Legislature, a primary siting 
authority may not: 
1.  Accept an application for a permit for an expedited wind energy development that 
includes: 
A.  Development-related activity in a location at an elevation at or above 2,700 feet; 
B.  Placement of any generating facilities within 2 miles of an occupied dwelling; or 
C.  Placement of any generating facilities within 15 miles of a scenic resource of state 
or national significance; or 
2.  Issue a permit for an application that was received after December 31, 2012 for an 
expedited wind energy development that is described in subsection 1, paragraph A, B or 
C; and be it further 
Sec. A-3.  Application of laws and rules.  Resolved:  That, after the suspension 
period under section 2 concludes, an application for an expedited wind energy 
development permit that is received after December 31, 2012 that is described in section 
2, subsection 1, paragraph A, B or C will be subject to the laws and rules in effect at the 
expiration of the suspension period; and be it further 
Sec. A-4.  Application; construction.  Resolved:  That this resolve applies to 
applications for grid-scale wind energy development within the expedited permitting 
area.  Nothing in this resolve may be construed to prevent or impede any individual or 
entity from pursuing a permit for a grid-scale wind energy development that is outside the 
expedited permitting area or that is undertaken pursuant to the laws and rules in effect 
prior to April 18, 2008. 
PART B 
Sec. B-1.  Review panel.  Resolved:  That the Panel to Review the Permitting of 
Expedited Wind Energy Development, referred to in this resolve as "the panel" is 
established; and be it further 
Sec. B-2.  Panel membership.  Resolved:  That the panel consists of 13 
members appointed as follows: 
1.  Four members of the Senate appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the Legislature; 
2.  Four members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature; 
3.  Three members appointed by the Governor; 
4.  The Commissioner of Environmental Protection or a designee; and 
5.  The Director of the Maine Land Use Planning Commission or a designee; and be 
it further 
Sec. B-3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
panel; and be it further 
Sec. B-4.  Appointments; convening of panel.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the panel.  If 30 days or more after 
the effective date of this resolve a majority of but not all appointments have been made, 
the chairs may request authority and the Legislative Council may grant authority for the 
panel to meet and conduct its business; and be it further 
Sec. B-5.  Duties.  Resolved:  That the panel shall review the report issued in 
March 2012 by the Governor's Office of Energy Independence and Security entitled 
"Maine Wind Energy Development Assessment: Report and Recommendations."  The 
panel shall specifically evaluate the 25 separate recommendations contained in the report, 
and shall develop recommendations regarding implementation of each of the 
recommendations. The panel shall schedule opportunities for public participation in those 
areas of the State where expedited grid-scale wind energy development is under 
consideration; and be it further 
Sec. B-6.  Staff assistance.  Resolved:  That the Legislative Council shall 
provide necessary staffing services to the panel; and be it further 
Sec. B-7.  Report.  Resolved:  That, no later than December 4, 2013, the panel 
shall submit a report that includes its findings and recommendations, including suggested 
legislation and a recommendation regarding the termination or extension of the 
suspension period established in Part A, section 2, for presentation to the Second Regular 
Session of the 126th Legislature.  In making its recommendation regarding extending or 
terminating the suspension period, the panel shall evaluate the suspension period 
established in Part A, section 2 and shall consider whether there exists the need for 
additional statutory changes or agency rulemaking and whether, in order to accommodate 
the implementation of any such necessary changes, the period of suspension should be 
extended; if the panel concludes that no additional statutory changes or agency 
rulemaking is necessary, the panel may recommend early termination of the suspension 
period. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve establishes a temporary suspension on the expedited permitting of 
specified grid-scale wind energy developments and establishes the Panel to Review the 
Permitting of Expedited Wind Energy Development to review the recommendations of 
the report issued in March 2012 by the Governor's Office of Energy Independence and 
Security entitled "Maine Wind Energy Development Assessment: Report and 
Recommendations."  The panel is directed to evaluate specifically the 25 separate 
recommendations contained in the report and to develop recommendations regarding 
implementation of each of the recommendations and to include in its report any 
recommendations to extend or terminate early the temporary suspension.