An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission
Maine Legislature, Session 127, LD 0828
Committee Amendment CA_A-SA_A_S307 (Senate)
Amends: 35-A MRSA §3453-A

SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to H.P. 562, 
L.D. 828, Bill, "An Act To Improve Regulatory Consistency within the Jurisdiction of the 
Maine Land Use Planning Commission" 
Amend the amendment in section 7 in §3453 in subsection 1 in the last line (page 2, 
line 36 in amendment) by inserting after the following: 
"3453-A" the following: 
" 
subsection I' 
Amend the amendment in section 7 in §3453 by striking out all of subsection 3 (page 
2, lines 39 and 40 and page 3, lines 1 and 2 in amendment) and inserting the following: 
'3. 
Consistent with comprehensive land use plan. 'Voule not compromise Is 
consistent with the principal values and the goals iGentified in the comprehensive land 
use plan adopted by the Maine Land Use Planning Commission pursuant to Title 12, 
section 685-C.' 
Amend the amendment by striking out all of section 8 and inserting the following: 
'Sec. 8. 35-A MRSA §3453-A is enacted to read: 
§3453-A. Removal from the expedited permitting area 
The Maine Land Use Planning Commission may, by rule adopted in accordance with 
Title 5, chapter 375, remove a specified place in the unorganized and de organized areas 
from the expedited permitting area as described in this section. 
1. Removal by petition. The Maine Land Use Planning Commission shall, by rule, 
remove a ';Pecified place in the unorganized and d~~ed areas from the expedited 
permitting area if: 
A. The specified place is a township, plantation, municipality or portion thereof that 
has been identified pursuant to section 3451, subsection 3, paragraph B; 
B. The Maine Land Use Planning Commission receives a petition on or before June 
30, 2016 requesting the removal of the specified place from the expedited permitting 
area that: 
(1) Cl'early states that the persons signing the petition are requesting the removal 
of the specified place from the expedited pennitting area; 
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SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to H.P. 562, L.D. 828 
(2) Is signed by at least 10% of the number of registered voters residing in the 
township, plantation, municipality or portion thereof that voted in the most recent 
gybematorial election; and 
(3) Is on a form consistent with Title 5, section 8055, a form provided by the 
Maine Land Use Planning Commission or a form otherwise determined to be 
sufficient for the purposes of this subsection by the Maine Land Use Planning 
Commission; and 
C. A person does not request substantive review of the petition for removal pursuant 
to subsection 3 within 45 days of the Maine Land Use P1anlling Commission posting 
notice of receipt of the petition on its pUQlicly accessible website. 
The removal of a specified place from the expedited permitting area under this subsection 
may not prejudice any subsequent petition presented to the Maine Land Use Planning 
Commission to add the specified place back into the 9xpediteg pennitting area under 
section 3453. 
2. Notice of receipt of petition. Within 5 9ys~nes,s q~,Y§.,..Q.f r~cxiP.t of <i12eti,tign for 
removal under subsection 1, the Maine Land Use Plannin~ CQmmission shall post notice 
of receipt of the petition, along with a copy of the petitiqn, on its publicly accessible 
website. The notice must specify that a person may request s]JQstantive review of the 
petition pursuant to subsection 3. A petition for remQval Qf a specified place from the 
expedited permitting area is considered pending upon notice Qf receipt of a petition being 
posted on the commission's publicly accessible website. The Maine Land Use Planning 
Commission shall maintain a distribution list of persons who have requested to receive 
notice of commission receipt of petitions for removal and promptly notify persons on the 
list when a petition is received. Notwithstanding any other law t9 the contrary, additional 
notice of receipt of a petition for removal and additional nQtice associated with 
rulemaking to remove a specified place pursuant to subsection 1 is not required. 
3. Removal by peti~ion with review. A person may, in writing, req}lest substantive 
review of a petition for removal under subsection 1 by the Maine Land Use Planning 
COllunission. 
Upon receipt of a timely filed request for sUQstantive review, if the 
commission finds the requirements of subsection 1, paragraphs A and B are satisfied, the 
commission shall, by rule, remove a specified place in the unorganized and deorganized 
areas from the expedited pennitting area if it finds the prQposed removal: 
A. Will not have an unreasonable adverse effect on the State's ability to meet the 
state goals for wind energy development in section 34Q4, subsection 2, paragraph C; 
and 
B. Is consistent with the principal values and the goals in the comprehensive land use 
plan adopted by the Maine Land Use Planning Commission pursuant to Title 12, 
section 685-C. 
4. Notice of petition review and opportunity for public hearing. Upon receipt of 
a request for substantive review of a petition for removal pursuant to subsection 3, the 
Maine Land Use Planning Commission shall, based on available tax records, notify 
property owners in the specified place of the petition and the request for review, provide 
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SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to H.P. 562, L.D. 828 
an opportunity for public comment on the petition and conduct a public hearing if 5 or 
more persons request a hearing. 
5. 
Exceptions. 
The following specified places may not be removed from the 
expedited p~rmiiting area under this section: 
. 
. 
A. 
Any specified place within the project boundary of an existing or proposed, 
legally permitted expedited wind energy development, unless the development permit 
is revoked or withdrawn; 
B. Any specified place within the project boundary of a proposed expedited wind 
energy development, as described in the development permit application, that has 
been accepted for processing by the Department of Environmental Protection, unless 
the development permit application is denied; and 
C. Any specified place added by rule to the expedited permitting area in accordance 
with section 3453 prior to January 1, 2016. 
As used in this subsection, "project boundary" means the geographic limits of an existing 
or proposed expedited wind energy develQpment, as defined by the deeded geographic 
boundaries of the parcel or parcels of land on which the development or portions thereof 
are located or proposed to be locates!. 
9.. 
Fee. If a person requests substantive review of a petition for removal under 
subsection 3, notwithstandingTitle 12, section 685-F, subsection 1 or any other provision 
of law to the contrary, the director of the Maine Land Use Planning Commission may 
assess a processing fee associated with the rulemaking, consistent with the fee that may 
be collected under Title 12, section 685-F, subsection 2, to 99ver actual costs, including 
costs associated with any notice or public hearing and the processing of the rule:making 
petition for removal. The director also may assess a similar fee to cover actual costs 
associated with petitio~s to add' a specified place t9 thee~pedited permitting area under 
section 3453. 
7. 
Rulemaldng. 
The Maine Land Use Planning Commission may adopt rules 
implementing this section.' Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A Rules adopted pursuant to 
subsection 3 need not meet the requirements of Title 5, section 8053-A or 8060 but must 
meet all other applicable requirements in Title 5, chapter 375.' 
Amend the amendment by inserting after section 9 the following: 
'Sec. 10. Effective date. This Act takes effect January 1,2016.' 
SUMMARY 
This amendment establishes consistency between the review processes for adding and 
removing specified places from the expedited permitting area. 
The amendment also 
establishes that when 10%, instead of 50% as in the committee amendment, of the 
registered voters in a township, plantation or municipality that voted in the most recent 
gubernatorial election petition for removal of a specified place in the unorganized and 
deorganized areas from the expedited permitting area, after the required notice, if no 
person requests substantive review of the petition the specified place must be removed. If 
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SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to H.P. 562, L.D. 828 
review is requested, there must be an opportunity for public comment and, if requested by 
or more persons, a public hearing. The Maine Land Use Planning Commission may 
recove;r the actual cost of a requested review of a petition from the; person making the 
request. When conducting substantive review of a petition for removal, the commission 
must grant the petition and remove the specified place from the expedited permitting area 
if the commission determines the removal will not have an unreasonable adverse effect 
on the State's ability to meet its goals for wind energy development and is consistent with 
the principal values and the goals of the commission's comprehensive land use plan. The 
amendment removes the requirement that all signers of a petition must be permanent 
residents of the township, plantation or municipality, extends the deadline by which 
petitions may be filed to June 30, 2016 and establishes an effective date of the legislation 
of January 1,2016. 
FISCAL NOTE REQUIRED 
/J ~ee attached) 
SPONSOREDBY: ____ ~~~~~~~ 
__________ _ 
(Senator SA VIELLO) 
COUNTY: Franklin 
SENA TE AMENDMENT 
Revised: 06/18/15 
~c 
LD828 
LR 1175(09) 
An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning 
Commission 
Fiscal Note for Senate Amendment 'W' to Committee Amendment "A"(S-::or) 
Sponsor: Sen. Saviello of Franklin 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
Current biennium revenue increase - Other Special Revenue Funds 
This amendment requires the Land Use Planning Commission (LUPC) within the Department of Agriculture, 
Conservation and Forestry to conduct public hearings if the LUPC receives a request for substantive review of a 
petition for removal. The LUPC is allowed to assess a processing fee to cover costs for notices, public hearings and 
processing of rule making petitions for removal. This amendment takes effect on January 1,2016. 
LRl175(09) - Fiscal Note - Page 1 of 1