An Act Regarding Wind Power Siting in the Unorganized Territory
Maine Legislature, Session 126, LD 1323
Committee Amendment CA_A_H549 (House)
Amends: 35-A MRSA §3402

COMMITTEE AMENDMENT "A" to H.P. 947, L.D. 1323, Bill, "An Act 
Regarding Wind Power Siting in the Unorganized Territory" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRS A §685-B, sub-§2-C, ~A, as repealed and replaced by PL 2011, 
c. 682, § 17, is repealed. 
Sec. 2. 35-A MRSA §3402, sub-§2, as enacted by PL 2007, c. 661, Pt. A, §5 and 
amended by PL 2011, c. 682, §38, is further amended to read: 
2. 
Need for modification of regulatory process fOr siting wind energy 
developments. 
The Legislature finds that it is in the public interest to reduce the 
potential for controversy regarding siting of grid-scale wind energy development by 
expediting development in places where it is most compatible with existing patterns of 
development and resource values when considered broadly at the landscape level. 
Accordingly, the Legislature finds that certain aspects of the State's regulatory process for 
determining the environmental acceptability of wind energy developments should be 
modified to encourage the siting of wind energy developments in these areas. 
Such 
changes include, but are not limited to: 
A. Making wind energy developmeBt a permitted use vlitfiiB oertain parts of the 
State's unorganized aBd deorganized areas; 
B. Refining certain procedures of the Department of Environmental Protection and 
the Maine Land Use Planning Commission; and 
C. Because the Legislature recognizes that wind turbines are potentially a highly 
visible feature of the landscape that will have an impact on views, judging the effects 
of wind energy development on scenic character and existing uses related to scenic 
character based on whether the development significantly compromises views from a 
scenic resource of state or national significance such that the development has an 
unreasonable adverse effect on the scenic character or existing uses related to the 
scenic character of that resource. 
COMMrrTEE AMENDMENT 
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COMMITIEE AMENDMENT ,A" to H.P. 947, L.D. 1323 
The Legislature further finds that, while wind energy may be developed at many sites 
with minimal site-specific environmental impacts, wind energy developments may have, 
in addition to their beneficial environmental effects and potential scenic impacts, specific 
adverse environmental effects that must be addressed in state permitting decisions 
pursuant to approval criteria tailored to address issues presented by wind energy 
development. Nothing in this section is meant to diminish the importance of addressing 
as appropriate site-specific impacts on natural values, including, but not limited to, 
wildlife, wildlife habitats and other ecological values. 
The Legislature further finds that development of the State's wind energy resources 
should be undertaken in a manner that ensures significant tangible benefits to the people 
of the State, including, but not limited to, residents of communities that host wind energy 
facilities; and that the State should seek to host a substantial amount of wind energy as 
part of a strategy to reduce greenhouse gas emissions and meet the goals established in 
the state climate action plan developed pursuant to Title 38, section 577. 
The Legislature further finds that careful consideration should be undertaken to ensure 
that wind energy development is sited in the areas in the unorganized and deorganized 
areas of the State where wind energy development is most appropriately designated as an 
allowed use by the Maine Land Use Planning Commission. 
Sec. 3. PL 2007, c. 661, Pt. C, §6, sub-§4, as amended by PL 2009, c. 415, Pt. 
D, §2, is repealed. 
Sec. 4. Rules. The Department of Agriculture, Conservation and Forestry, Maine 
Land Use Planning Commission shall amend its rules to make necessary changes to the 
uses allowed within a district or subdistrict to be consistent with the Maine Revised 
Statutes, Title 12, chapter 206-A and Title 35-A, section 3402, subsection 2. 
Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
Sec. 5. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Land Use Planning Commission 0236 
Initiative: Provides one-time funding for rulemaking. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2013-14 
$2,500 
$2,500 
2014-15 
$0 
$0 
Sec. 6. Effective date. This Act takes effect January 1,2015.' 
SUMMARY 
This amendment is the minority report of the committee and replaces the bill. It 
repeals the provision of law specifying that an expedited wind energy development is a 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to H.P. 947, L.D. 1323 
use requiring a pennit but not a special exception. It repeals the requirement that the 
Department of Agriculture, Conservation and Forestry, Maine Land Use Planning 
Commission make expedited wind energy development a use allowed with a permit in 
expedited pennitting areas. The effect of the repeals is to require that, in order for a wind 
energy development in the unorganized or deorganized area of the State to receive a 
pennit from the Department of Environmental Protection or the Maine Land Use 
Planning Commission, the development must be located in a subdistrict in which it is an 
allowed use. It also replaces a legislative finding regarding wind energy development in 
the unorganized and deorganized areas of the State and requires the Maine Land Use 
Planning Commission to amend its rules regarding allowed uses. 
This amendment adds an appropriations and allocations section. 
:FISCAL NOTE REQUIRED 
(See attached) 
COMMrrTEE AMENDMENT 
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Revised: 05/31/13 
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LD 1323 
LR 1364(02) 
An Act Regarding Wind Power Siting in the Unorganized Territory 
. Fiscal Note for Bill as Amended by Committee Amendment '~' (H -~ 
') 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
Projections 
FY 2015-16 
Projections 
FY 2016-17 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
$2,500 
$2,500 
$0 
$0 
$0 
$0 
The bill includes a one-time General Fund appropriation of $2,500 in fiscal year 2013-14 to the Department of 
Agriculture, Conservation and Forestry for rulemaking, including printing, advertising and room rental. 
LR1364(02) - Fiscal Note - Page 1 of 1 
$0 
$0