An Act To
Maine Legislature, Session 126, LD 0616
Committee Amendment CA_C_H638 (House)
Amends: 12 MRSA §685-B, 35-A MRSA §3451, 35-A MRSA §3453-A

COMMITTEE AMENDMENT" c..," 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. 12 MRSA §685-B, sub-§I-A, ~B-l, as corrected by RR 2011, c. 2, §9, is 
amended to read: 
B-1. Except for projects that are located in a planned subdistrict that was approved or 
accepted by the commission for processing prior to September 1,2012, a pennit from 
the commission is not required for a development of state or regional significance 
that may substantially affect the environment as defined in Title 38, section 482, 
subsection 2. A project meeting that definition is reviewed under Title 38, section 
489-A-1. 
A person submitting a development proposal to the Department of 
Environmental Protection under Title 38, section 489-A-1 shall file a notice of the 
intent to develop and a map indicating the location of the proposed development with 
the commission prior to or concurrently with submission of a development 
application to the Department of Environmental Protection. 
The Department of 
Environmental Protection must receive certification from the commission that the 
proposed development is an allowed use within the subdistrict or subdistricts for 
which it is proposed and the proposed development meets any land use standard 
established by the commission that is not considered in the depmtment's review under 
Title 38, section 489-A-1, subsection 1 before issuing a pennit. The commission may 
not certify that a proposed expedited wind energy development as defined in Title 
35-A, section 3451, subsection 4 within the expedited pennitting area as defined in 
Title 35-A, section 3451, subsection 3 is an allowed use if a petition is pending under 
Title 35-A, section 3453-A. Nothing in this subsection may be construed as 
prohibiting the commission from enforcing the land use standards certified to the 
Department of Environmental Protection under this paragraph; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "e."" to H.P. 435, L.D. 616 
Sec. 2. 35-A MRSA §3451, sub-§3,~, as enacted by PL 2007, c. 661, Pt. A, §7 
and amended by PL 201 r, c. 682, §38, is further amended to read: 
B. Specific places within the £tate!s unorganized and deorganized areas, as defined 
by Title 12, section 682, subsection 1, that are identified by rule by the Maine Land 
Use Planning Commission in accordance with this chapter. 
Sec. 3. 35-A MRSA §3451, sub-§lO-A is enacted to read: 
to-A. Unorganized and deorganized areas. "Unorganized and deorganized areas" 
has the same meaning as in Title 12, section 682, subsection 1. 
Sec. 4. 35-A MRSA §3453-A is enacted to read: 
§3453-A. Removal of location from the expedited permitting area 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Location" means, within the unorganized and deorganized areas: 
(1) Any individual township, plantation or municipality located in the expedited 
permitting area; or 
(2) If the township, plantation or municipality in its entirety is not within the 
expedited permitting area, that portion of the township, plantation or municipality 
that is within the expedited pennitting area. 
2. 
Removal from expedited permitting area. The Maine Land Use Planning 
Commission may by rule adopted in accordance with Title 5, chapter 375 remove a 
location from the expedited permitting area in accordance with the procedures adopted 
pursuant to subsection 3, except that, notwithstanding Title 5, chapter 375, the Maine 
Land Use Planning Commission is not required to meet the requirements of Title 5, 
sections 8053-A and 8060. 
3. Maine Land Use Planning Commission to adopt rules governing removal; 
requirements. The Maine Land Use Planning Commission shall adopt rules governing 
the procedure for removing a location from the expedited permitting area. Rules adopted 
pursuant to this subsection must include provisions that: 
A. Notwithstanding Title 5, section 8055, establish a process for petitioning for the 
removal of a location from the expedited permitting area. The rules must require that 
the petition: 
(I) Clearly state that those signing the petition are in support of the removal of 
the location from the expedited permitting area; 
(2) Be signed by registered voters legally residing in the location named in the 
petition; 
(3) Be signed by a number of registered voters equal to or greater than 50% of 
the number of registered voters in that location that voted in the most recent 
gubernatorial election; and 
COMMITTEE AMENDMENT 
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II 
COMMITTEE AMENDMENT "C,.;., to H.P. 435, L.D. 616 
(4) Include a notarized letter from the person submitting the petition stating the 
following: 
(a) The person submitting the petition is a resident of the location for which 
the petition is being submitted; 
(b) The information contained within the petition is accurate to the best of 
the knowledge of the person submitting the petition; and 
(c) The petition signatures have been certified by an appropriate authority to 
be signatures of legal registered voters residing in the location named in the 
petition; 
B. Require a public hearing on the petition under paragraph A at which supporters 
and opponents of the removal of the location from the expedited permitting area are 
permitted to speak. Speakers at the public hearing are not required to be residents of 
the location; 
C. 
Notwithstanding Title 5, chapter 375, establish appropriate time frames for 
conducting rulemaking for the removal of a location from the expedited permitting 
area; 
D. Provide that, after a hearing held in accordance with paragraph B, the Maine Land 
Use Planning Commission must remove a location from the expedited permitting area 
upon finding that the requirements of paragraph A have been met and that, based 
upon substantial evidence on the record, removing the location from the expedited 
permitting area will not have an unreasonable and significant impact on the State's 
ability to meet the state goals for wind energy development under section 3404, 
subsection 2, paragraph C in effect on January 1, 2014; 
E. Provide that the Maine Land Use Planning Commission may not accept a petition 
under paragraph A to remove a location from the expedited permitting area later than 
years following the date on which the rules under this subsection are finally 
adopted; and 
F. Provide that a petition under this subsection is considered pending if the Maine 
Land Use Planning Commission has received in its office a petition that meets the 
requirements of paragraph A and the commission has not yet taken action on the 
petition in accordance with paragraph D. 
4. 
Rulemaking. 
Rules adopted under this section are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 5. 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 RegHlation 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 areas to this list or remove 
areas from this list by rule in the manner provided by this Act in accordance with the 
Maine Revised Statutes, Title 35-A, chapter 34-A: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'G .. to H.P. 435, L.D. 616 
Sec. 6. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICUL TURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Maine Land Use Planning Commission Z236 
Initiative: Provides funding in fiscal year 2014-15 for costs associated with rulemaking 
and the petition process of a township, plantation or municipality seeking to be removed 
from the expedited permitting area. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Maine Land Use Planning Commission Z236 
2013-14 
$0 
$0 
2014-15 
$9,644 
$9,644 
Initiative: Provides funding for a half-time Planning and Research Associate II position 
effective April 6, 2015 and ending March 31, 2017 for assisting in the petition process of 
a township, plantation or municipality seeking to be removed from the expedited 
permitting area. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2013-14 
$0 
$0 
2013-14 
$0 
$0 
2014-15 
$9,300 
$9,300 
2014-15 
$18,944 
$18,944 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Energy, 
Utilities and Technology. This amendment replaces the bill. This amendment directs the 
Maine Land Use Planning Commission to adopt rules that govern the rule-making 
process for removing locations from the expedited permitting area. This amendment 
authorizes the Maine Land Use Planning Commission to remove locations from the 
expedited permitting area through rulemaking and exempts that rulemaking from the 
requirements concerning notice to the Legislature and inclusion in the regulatory agenda. 
This amendment prohibits the Maine Land Use Planning Commission from certifying 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" t" to H.P. 435, L.D. 616 
that an expedited wind energy development is an allowable use in a location for which a 
petition is pending for removal from the expedited permitting area. The amendment also 
adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/18/14 ;b/ac:.. 
LD616 
LR 1088(05) 
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 'C! ( II -to 3~ ) 
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 
$0 
$18,944 
$0 
$18,944 
Projections 
FY 2015-16 
$51,954 
$51,954 
Projections 
FY 2016-17 
$32,192 
$32,192 
The bill requires the Land Use Planning Commission (LUPC) under the Department of Agriculture, Conservation and 
Forestry to conduct rulemaking related to removing a township, plantation or municipality from the expedited 
permitting area. This bill requires the LUPC to establish a petitioning process allowing a location to request removal 
from the expedited permitting area, as well as to hold a public hearing when the petition has been received. The bill 
includes a General Fund appropriation of $9,644 in fiscal year 2014-15, as well as requiring appropriations of$13,538 
in fiscal year 2015-16 and $3,572 in fiscal year 2016-17, for costs related to rulemaking, public hearings, 
commissioner meetings and newspaper advertising. This bill includes a General Fund appropriation of$9,300 in fiscal 
year 2014-15, and will require appropriations of$38,416 in fiscal year 2015-16 and $28,620 in fiscal year 2016-17, 
for the hiring of a half-time Planning & Research Associate II position to assist with the removal process of locations 
from the expedited permitting area. This position is anticipated to be filled in April 2015 and is expected to be 
terminated in March 2017. 
LR1088(05) - Fiscal Note - Page 1 of 1