An Act To
Maine Legislature, Session 126, LD 0385
Committee Amendment CA_B_H522 (House)
Amends: 35-A MRSA §3404, 35-A MRSA §3451, 35-A MRSA §3452, 35-A MRSA §3454, 38 MRSA §34, 38 MRSA §344, 38 MRSA §346

COMMITTEE AMENDMENT "13,, to H.P. 260, L.D. 385, Bill, 
Improve Wind Energy Development Permitting" 
"An Act To 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §3404, sub-§l, as amended by PL 2009, c. 615, Pt. A, §3, is 
further amended to read: 
1. Encouragement of wind energy-related development. It is the policy of the 
State in furtherance of the goals established in subsection 2, to encourage the attraction of 
appropriately sited development related to wind energy, including any additional 
transmission and other energy infrastructure needed to transport additional offshore wind 
energy to market, consistent with providing significant tangible benefits, including to a 
maximum extent practicable lower electrical rates to ratepayers in this State in addition to 
the benefits to New England independent system operator ratepayers, long-term job 
creation and a reduction in greenhouse gas emissions; all state environmental standards; 
the permitting and financing of wind energy projects; and the siting, permitting, financing 
and construction of wind energy research and manufacturing facilities. 
Sec. 2. 35-A MRSA §3451, sub-§l-D is enacted to read: 
I-D. Cumulative scenic impact. "Cumulative scenic impact" means the potential 
adverse effect on the scenic character and existing uses related to the scenic character of a 
scenic resource of state or national significance reSUlting from the incremental impact of 
a proposed wind energy development when added to the scenic impact of other wind 
energy developments within the viewshed of a scenic resource of state or national 
significance based on the amount of wind energy development that a viewer within the 
scenic resource of state or national significance would see: 
A. From a stationary point within a typical field of vision in a single direction; 
B. From a stationary point when looking in more than one direction; or 
C. Along a linear route, such as a trail or watercourse. 
COMMrrTEE AMENDMENT 
COMMITTEE AMENDMENT B .. to H.P. 260, L.D. 385 
Sec. 3. 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 
significance; 
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 of the 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 of these 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 visual 
impact and the cumulative scenic impact of the development during both day and night 
on the scenic resource of state or national significance. A finding 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. fa 
makiag its determiaatioa llflder stibseotioa 1, the primary sitiag atithority shaH eoasider 
insigaifieaat the effeets of portions of the development's generating faoilities loeated 
more thaa 8 miles, meastifed horizontally, from a seenie resomee of state or aatioaal 
signifioanoe. 
Sec. 4. 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 assessment; 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 in accordance with this subsection. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT i' 
to H.P. 260, L.D. 385 
A. If portions of the expedited wind energy 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. If portions of the expedited wind energy development'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 rebuttable presumption that a 
visual impact assessment is required. Information 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 information 
within 30 days of the acceptance of the application by the primary siting authority as 
complete for processing. 
C. The primary siting authority may require a visual impact assessment for portions 
of the development's genl~rating facilities located more than 15 miles, measured 
horizontally, from a scenic resource of state or national significance if it finds that 
there is substantial evidence that a visual impact assessment is needed to detennine if 
there is the potential for unreasonable adverse effects on scenic resources of state or 
national significance. Information intended to rebut or support the need for a 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 information submitted by interested 
persons. 
The primary siting authority shall make findings and determinations under this subsection 
based on a preponderance of evidence in the record. 
Sec. 5. 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 make additional findings regarding other tangible benefits provided by an 
expedited wind energy development, including but not limited to findings regarding the 
manner and extent to which the development provides energy and emissions-related 
benefits described in section 3402. 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. 
Sec. 6. 38 MRSA §34l·D, sub-§4, ~, as amended by PL 2011, c. 304, Pt. H, 
§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 scpplementation of the record. The board may remand the 
COMM/~rTEE AMENDMENT 
COMMITTEE AMENDMENT d3 "to H.P. 260, L.D. 385 
decision to the department for further proceedings if appropriate. The chair of the 
Public Utilities Commission or the chair's designee serves as a nonyoting member of 
the board and is entitled to fully participate but is not required to attend hearings 
when the board considers an appeal pursuant to this paragraph. 
The chair's 
participation on the board pursuant to this paragraph does not affect the ability of the 
Public Utilities Commission to submit information to the department for inclusion in 
the record of any proceeding before the department. 
Sec. 7. 38 MRSA §344, sub-§2-A, ,n is enacted to read: 
D. The commissioner shall accept public comment on applications during the course 
of processing the application. The commissioner shall set a deadline for receiving 
public comments. The commissioner may not issue the final decision until at least 10 
business days after the close of the public comment period. 
Sec. 8. 38 MRSA §346, sub-§4, as repealed and replaced by PL 2011, c. 420, Pt. 
A, §34, is repealed and the following enacted in its place: 
4. 
Appeal of decision. 
A judicial appeal of final action by the board or 
commissioner regarding an application for an e*pedited wind energy development, as 
defined in Title 35 A, section 3451, sabseetion 4, OF a general permit pursuant to section 
480-HH or section 636-A must 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 expedited vnnd energy developments 
er a general permit pursuant to 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.' 
SUMMARY 
This amendment is the minority report and replaces the bill. It requires that wind 
energy must provide a tangible benefit of lower electricity rates for ratepayers in this 
State and adds a new definition of "cumulative scenic impact" to allow for rulemaking to 
address potential cumulative impacts related to multiple wind energy generating facilities. 
It changes the size of the area in which an analysis of visual impact must be undertaken 
from 3 and 8 miles as in current law to 8 and 15 miles. 
Additionally, it creates a 
rebuttable presumption of unreasonable adverse effect on the scenic character of an area 
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. 
FISCA.L ~OTE REQL'IRED 
. 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
~:~\~ 
Approved: 06114/13 
;'Idac.. 
LD38S 
LR 1345(03) 
An Act To Improve Wind Energy Development Permitting 
Fiscal Note for Bill as Amended by Committee Amendment :E. (H -5.:2.;D 
Committee: Energy, Utilities and Technology 
Fi!.cal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs incurred by the Department of Environmental Protection related to rulemaking and changes to the 
permitting process for wind energy development projects can be absorbed within existing budgeted resources. 
LR1345(03) - Fiscal Note - Page 1 of 1