An Act To Improve Wind Energy Development Permitting
Maine Legislature, Session 126, LD 0385
Committee: Energy, Utilities and Technology
Sponsors: BEAVERS, JACKSON, DUNPHY, RYKERSON, YOUNGBLOOD
Amends: 35-A MRSA §3451, 35-A MRSA §3452-A, 35-A MRSA §3459, 38 MRSA §344

Legislative Document 
No. 385 
H.P. 260 
House of Representatives, February 12, 2013 
An Act To Improve Wind Energy Development Permitting 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BEAVERS of South Berwick. 
Cosponsored by Senator JACKSON of Aroostook and 
Representatives: DUNPHY of Embden, McGOWAN of York, RYKERSON of Kittery, 
Senator: YOUNGBLOOD of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3451, sub-§1-A is enacted to read: 
1-A.  Best practical mitigation.  "Best practical mitigation" means methods or 
technologies used during construction or operation that control or reduce to the lowest 
feasible level impacts to scenic, wildlife and other resources.  "Best practical mitigation" 
may include, but is not limited to, turbine and blade coloration to reduce visual impacts, 
aircraft detection technologies that reduce the need for aircraft hazard warning lighting, 
technologies that detect at-risk populations and modification or curtailment of operations 
during specified times or conditions that reduce bird and bat mortality. 
Sec. 2.  35-A MRSA §3452-A is enacted to read: 
§3452-A.  Impact on subalpine forest habitat; adverse effect 
In making findings regarding the effect of a grid-scale wind energy development on 
the natural environment pursuant to Title 38, section 484, the primary siting authority 
shall consider any portion of the generating facilities or associated facilities of the 
development located within a fir-heartleaved birch subalpine forest natural vegetation 
community as defined by rule by the Natural Areas Program established within the 
Department of Agriculture, Conservation and Forestry under Title 12, section 544, as 
constituting a significant adverse effect on the natural environment. 
Sec. 3.  35-A MRSA §3459 is enacted to read: 
§3459.  Best practical mitigation 
1.  Process.  An application for wind energy development must contain and the 
permitting authority shall require best practical mitigation for all aspects of construction 
and operation of generating facilities.  In determining best practical mitigation options, 
the permitting authority shall consider: 
A.  The existing state of technology; 
B.  The effectiveness of available technologies or methods for reducing impacts; and 
C.  The economic feasibility of the type of mitigation under consideration. 
Sec. 4.  38 MRSA §344, sub-§2-A, ¶D is enacted to read: 
D.  For an application for a permit for a grid-scale wind energy development, as 
defined in Title 35-A, section 3451, subsection 6, the following procedures apply. 
(1)  If 5 or more interested persons request in writing that the commissioner hold 
a public hearing, then a hearing must be held as provided in section 345-A. 
(2)  The commissioner shall hold an adjudicatory hearing under Title 5, chapter 
375, subchapter 4 if an interested party who qualifies as an intervenor makes such 
a request in writing stating the intent to offer a witness or cross-examine a 
witness. 
(3)  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. 
(4) The commissioner may not issue the final decision until 10 business days 
after the close of the public comment period.  The commissioner's final decision 
must include responses to the public comments. 
SUMMARY 
This bill improves the permitting process for wind energy development by providing 
for public comment and the opportunity for the public to request a hearing and by 
permitting an intervenor to request an adjudicatory proceeding.  The bill provides that 
wind energy development constitutes a significant adverse effect on the natural 
environment if proposed in a fir-heartleaved birch subalpine forest natural vegetation 
community.  The bill also requires that a wind energy permit must require best practical 
mitigation to reduce impacts on scenic, wildlife and other resources.