An Act To Maximize the Benefits of Renewable Energy in Maine
Maine Legislature, Session 127, LD 1329
Committee Amendment CA_A_H347 (House)
Amends: 35-A MRSA §3402, 35-A MRSA §3460

COMMITTEE AMENDMENT "A" to H.P. 904, L.D. 1329, Bill, "An Act To 
Maximize the Benefits of Renewable Energy in Maine" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 35-A MRSA §3402, as amended by PL 2009, c. 615, Pt. A, §2 and PL 
2011, c. 682, §38, is further amended to read: 
§3402. Legislative findings 
The Legislature finds that it is in the public interest to explore opportunities for and 
encourage access to and the development, where appropriate, of wind renewable energy 
produotion in the State in a manner that is consistent with all state and federal 
environmental standards and that achieves reliable, cost-effective, sustainable energy 
production on those sites in the State that will attraot investment and permit the 
development of viable ",lind energy projeots. The Legislature finds that the access to 
renewable energy resources and the development of the wind renewable energy potential 
in-the State needs to be integrated into the existing energy supply and transmission 
systems in a way that achieves system reliability, total capital cost-effectiveness and 
optimum short-term and long-term benefits to Maine people. The Legislature fruds it is 
in the publiG interest to enGournge the eonstruetion and operation of eommunity vtind 
power generation faGilities in the State. For the patposes of this chapter, "oommunity 
''lind power generation faoilitytl means an eleGtrioity generating faGility at anyone site 
v.rith instantaneous generating nameplate oapaoity of not more than 10 megavtratts that is 
pow:ered entkely by wind energy. The Legislature also fmds it is in the public interest to 
encourage wind renewable energy research and the development of wind renewable 
energy generation equipment manufacturing facilities in the State. 
1. Cantdlllltian af rene'wallie eneFgy development. The Legislature finds and 
deolares that the vlmd energy resources of the State oonstiMe a valuable indigenous and 
renewable energy resource and that wind energy development, which is Ullique in its 
benefits to and impacts on the natural environment, makes a signifioant eontrihlition to 
the general welfare ofthe citizens of the State for the follnwing reasons: 
COMMITTEE AMENDMENT 
COMMlTTEEAMENDMENT "A" to I-LP. 904, L.D. 1329 
A. Wind energy is an economically feasible, large seale energy resource that does 
not rely on fossil fuel combustion or nuolear fission, thereby displaoing eleotrical 
energy provided by these other sources and avoiding air pollution, waste disposal 
problems and hazards to human health from emissions, waste and by produots; 
oonsequently, \vind energy dovelopmBnt may address energy needs while making a 
signifioant contribution to aohievement of the State's renO' .... lable energy and 
greenhouse gas reduction objectives, including those in Title 38, section 576; 
B. fA present and increasingly in the future '.vith anticipated technological advances 
that premise to inorease the number of places in the State where grid seale wind 
energy development is economioally viable, and changes in the electrioal power 
market that fayor olean power sources, win4--energy may---lJe used to displaoe 
electrioal povler that is generated from fossil fuel combustion and thus reduce our 
citizens' dependence on imported oil and natural gas and improve environmental 
quality and state and regional energy security; and 
C. Renewable energy resources vt'ithin the State and in the Gulf of Maine have the 
potential, oyer time, to provide enough energy fur the State's hoffiBowners and 
businesses to reduce their use of oil and liqffid petroleum fueled heating systems by 
trunsitkm to alternative, renewable energy based heating systems and to reduoe their 
use of petroleum fueled motor vehicles by transition to electrio powered motor 
vehicles. Bleetrifieation of heating and transportation has potential to increase the 
.state's energy independence, to help--stabilize total residential and commeroial energy 
bills and to reduee greenhouse gas emissions. 
2. 
Need for modification of regulatory process far 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 'i'lind energy dcyelopment by 
expediting development in places vlhere it is most eompatible with existing patterns of 
development and resouree values ,,,,hen considered broadly at the landseape level. 
I' ... coordingly, the Legislature finds that certain aspeots of the State's regulatory process for 
determining the environmental aoeeptability of 'lAnd energy developments should be 
modified to eneourage the siting of wind energy dO'leiopments in these areas. Such 
ohan-ges inolude, but are not limited to: 
A. Making wind energy development a permitted \fse 'vvithin certain parts of the 
State's unorganized and de organized areas; 
B. 
R~fining eertain procedures of the Department of Enrlirenmental Protection and 
the Maine Land Use PlamHng CoH1fllission; and 
C. Because the Legislature recognizes that 'llind turbines are potentially a highly 
visible feature of the landscape that '.vill have an impact on viO'Ns, judging the effects 
of wind energy development on scenio oharacter and ~dsting uses related to scenic 
charaoter based on whether the dO';~lopment signifioantly compromises views from a 
soenie resot1fee of state or national signifioanoe suoh tllttt the development has an 
llill'easonable adverse effect on the soenic charaeter or e~cisting uses related to the 
scenic character ofthat resource. 
The Legislature further finds that, ',yhile wind energy may be dO'feloped at many sites 
','/ith minimal site speoific environmental impacts, vlind energy dO'lelopments may have, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 904, L.D. 1329 
in addition to their benefioial environmental effeots and potential soonio impoots, spooifio 
adverse environmental effeots that must be addressed in state pennitting decisions 
pursuant to approval oriteria tailored to address issues presented by wind energy 
oovelopmont. Nothillg in this section is meant to diminish the impertunce of addressing 
as appropriate site specifio impaots on natural values, inoluding, but 110t limited to, 
wildlife, wildlife habitats and oth€f-eoologioal values-: 
+he Legislature further finds that development of the State's ',vind energy resow:oes 
should be undertaken in a manner that ensw:es significant tangible benefits to the people. 
~ut-Rot 
limited to, residents of communities that host vlind energy 
faoilities; and that the State should seek to host a substantial amount of wind energy as 
part of a strategy to reduoe greenhouse gas emissions and meet the goals establishe4--in 
the state climate action plan developed pursuant to Title 38, section 577. 
3. Energy efficiency for home heating and transportation. The Legislature finds 
that conversion or replacement energy fuel sources for powering motor vehicles and for 
heating well-insulated residential and commercial buildings may enhance energy 
independence, reduce energy costs and reduce greenhouse gas emissions. 
Sec. 2. 35-A MRSA §3460 is enacted to read: 
§3460. Decommissioning plans 
Decommissioning plans must be submitted to and approved by the department as a 
condition of approval in all grid-scale wind energy development. The department shall 
obtain a written guaranty in the form of a performance bond from a 3rd-party guarantor 
that ensures sufficient funding of all decommissioning costs regardless of the point in 
history of the development at which decommissioning becomes necessary, based on the 
department's decommissioning standards in force at the time of application. The 
department shall adopt rules to implement this section. These rules must include, at a 
minimum, requirements for full funding for the removal of all components of the wind 
energy development, vegetative restoration of the development area and maintenance of 
public safety and environmental protection during decommissioning. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Land and Water Quality 0248 
Initiative: Provides one-time funding for rule-making costs. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2015~16 
$2,500 
$2,500 
COMMITTEE AMENDMENT 
2016-17 
$0 
$0 
~~ 
~C) 
COMMITTEE AMENDMENT "A" to H.P. 904, L.D. 1329 
SUMMARY 
Tills amendment is the minority report of the committee. This amendment replaces 
the bill. Like the bill, this amendment modifies the legislative findings of the Maine Wind 
Energy Act to expand the scope to include other renewable energy sources, not just wind. 
Like the bill, this amendment provides in the legislative findings of the Maine Wind 
Energy Act that conversion or replacement energy fuel sources for powering motor 
vehicles and for heating well-insulated residential and commercial buildings may enhance 
energy independence, reduce energy costs and reduce greenhouse gas emissions. This 
amendment removes the provision of the legislative ['mdings of the Maine Wind Energy 
Act that addresses the need for modification of regulatory process for siting wind energy 
developments. 
This amendment, like the bill, requires grid-scale wind energy developers to file 
decommissioning plans and to provide a performance bond to guarantee the funding for 
decommissioning. This amendment requires the Department of Environmental Protection 
to adopt routine technical rules related to the decommissioning of grid-scale wind energy 
development. The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/05/15 
;:Wac 
LD 1329 
LR 1776(02) 
An Act To :Maximize the Benefits of Renewable Energy in Maine 
Fiscal Note for Bill as Amended by Committee Amendment it' (j-/-34 7) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
Projections 
FY 2017-18 
Projections 
FY 2018-19 
Net Cost (Savings) 
General Fund 
Apprupriations/Allocations 
General Fund 
Fiscal Detail and Notes 
$2,500 
$2,500 
$0 
$0 
$0 
$0 
$0 
$0 
The bill requires the Depaliment of Environmental Protection (DEP) to adopt rules requiring decommissioning plans 
be submitted to and approved by DEP as a condition of approval in all grid-scale wind energy development. This bill 
includes a one-time General Fund appropriation of $2,500 in fiscal year 2015-16 to DEP for rulemaking costs. 
LRl776(02) - Fiscal Note - Page 1 of 1