An Act To
Maine Legislature, Session 128, LD 0901
Committee Amendment CA_B_H214 (House)
Amends: 12 MRSA §684, 35-A MRSA §3452, 35-A MRSA §3453, 35-A MRSA §3453-A, 35-A MRSA §3457, 35-A MRSA §3459, 35-A MRSA §3460, 38 MRSA §489-E

COMMITTEE AMENDMENT "B" to H.P. 629, L.D. 901, Bill, "An Act To 
Amend the Laws Governing the Determination of a Wind Energy Development's Effect 
on the Scenic Character of Maine's Special Places" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §684, first 1, as amended by PL 2011, c. 682, §8, is further 
amended to read: 
The commission shall elect annually, from its own membership, a chair and such 
other officers it considers necessary. Meetings are held at the call of the chair or at the 
call of more than 1/2 of the membership. Meetings must be held at a location within the 
jurisdiction of the commission or another convenient location approved by the chair. The 
commission, acting in accordance with the procedures set forth in Title 5, chapter 375, 
subchapter 2, may adopt whatever rules it considers necessary for the conduct of its 
business, except that rules adopted under this chapter relating to wind energy 
development are major substantive rules as defined in Title 5, chapter 375. subchapter 
2-A. The commission shall keep minutes of all proceedings, which are a public record 
available and on file in the office of the commission. Members of the commission are 
compensated as provided in Title 5, chapter 379. Commission members must receive an 
orientation and annual continuing education on this chapter, commission rules and 
planning and regulatory processes. A quorum of the commission for the transaction of 
business is 5 members. No action may be taken by the commission unless upon approval 
by a vote of 5 members. 
Sec. 2. 35-A MRSA §3452, sub-§4, as enacted by PL 2007, c. 661, Pt. A, §7, is 
amended to read: 
4. 
Visual impact assessment. 
An applicant for an expedited wind energy 
development shall provide the primary siting authority with a visual impact assessment of 
the development that addresses the evaluation criteria in subsection 3 if the primary siting 
6 
authority determines suoh an assessment is necessary in acoordance ',Nith subseetion 3 . 
7 
There is a rebuttable presumption that a visual impact assessment is not FequiFed for those 
COMMITTEE AMENDMENT 
R. rlS. 
COMMITTEE AMENDMENT "e "to H.P. 629, L.D. 901 
portions of the development's generating facilities that are located more th(tfl 3 within 12 
miles, measured horizontally, from a scenic resource of state or national significance. +he 
primary siting a:uthority may require a visual impact assessment for portions of the 
development's genemting facilities looated more than 3 miles and up to 8 miles from a 
scenio resouroe of state or national signifioance if it finds there is substantial 01Adenoe 
that a vist1al impaot assessment is needed to determine if there is the potential for 
signifioant adverse effeots on the soenio resouroe of state or national signifioanoe. 
Information intended to rebut the presumption must be submitted to the primary siting 
a:uthority by any interested person within 3 0 days of aooeptanoe of the applioation as 
oomplete for prooessing. The primary siting a:uthority shall determine if the presumption 
is rebutted based on a preponderanoe of evidenoe in the reoord. 
Sec. 3. 35-A MRSA §3453, last 1, as enacted by PL 2007, c. 661, Pt. A, §7 and 
amended by PL 2011, c. 682, §38, is further amended to read: 
Rules adopted by the Maine Land Use Planning Commission pursuant to this section 
are routine technioal major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 4. 35-A MRSA §3453-A, sub-§7, as enacted by PL 2015, c. 265, §8 and 
affected by § 10, is amended to read: 
7. 
Rulemaking. 
The Maine Land Use Planning Commission may adopt rules 
implementing this section. Rules adopted pursuant to this section are routine teohnioal 
major substantive 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. 
Sec. 5. 35-A MRSA §3457, last ,r, as enacted by PL 2007, c. 661, Pt. A, §7, is 
amended to read: 
Rules adopted pursuant to this section are routine teohnical major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 6. 
35-A MRSA §3459, sub-§2, as enacted by PL 2013, c. 325, §3, is 
amended to read: 
2. Rules. The department shall adopt rules governing best practical mitigation under 
this section. Rules adopted under this subsection are major substantive rules as described 
in Title 5, chapter 375, subchapter 2-A. Any amendments to the rules after final adoption 
of the major subst(tfltive rules are routine technical rules pursuant to Title 5, chapter 375, 
subohapter 2 A. 
Sec. 7. 35-A MRSA §3460 is enacted to read: 
§3460. Rulemaking 
Except as otherwise provided in this chapter. the department may adopt rules. which 
are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A, to 
implement the provisions of this chapter. 
Sec. 8. 38 MRSA §489-E, as repealed and replaced by PL 2011, c. 359, §4, is 
amended to read: 
COMMITTEE AMENDMENT 
I\ of s. 
COMMIITEE AMENDMENT" 0,,, to H.P. 629, L.D. 901 
§489-E. Rulemaldng 
Rules adopted by the department pursuant to this article are routine technical rules 
except that rules adopted by the department after January 1, 2010 pursuant to section 484, 
subsections 1, 3, 4, 4-A, 5, 6 ane-~ 7 and 10 are major substantive rules as defined in Title 
5, chapter 375, subchapter 2-A. 
Sec. 9. PL 2007, c. 661, Pt. E, §2 is repealed. 
Sec. 10. Rules adopted prior to effective date of Act. Notwithstanding any 
provision of law to the contrary, rules relating to wind energy development adopted 
pursuant to the Maine Revised Statutes, Title 12, chapter 206-A; Title 35-A, chapter 
34-A; or Title 3 8, chapter 3, article 6 prior to the effective date of this Act remain in 
effect, except that any amendment to such rules on or after the effective date of this Act 
must comply, where applicable, with the requirements of Title 12, section 684; Title 
35-A, section 3460; and Title 38, section 489-E.' 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill and 
amends current law regarding when a visual impact assessment is required for an 
expedited wind energy development by requiring a visual impact assessment if portions 
of a wind energy development's generating facilities are located within 12 miles of a 
scenic resource of state or national significance. It also requires all rules adopted under 
the laws regarding expedited permitting of grid-scale wind energy development on or 
after the effective date of the Act to be major substantive rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/12/17 fe'ac;.. 
LD901 
LR 1446(03) 
An Act To Amend the Laws Governing the Determination of a Wind Energy Development's Effect on 
the Scenic Character of Maine's Special Places 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,G { H- l I'/) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
Ai1y additional costs to the Department of Environmental Protection (DEP) from requiring a visual impact assessment 
(VIA) from an expedited wind energy development located within 12 miles of a scenic resource of state or national 
significance are anticipated to be minor and can be.absorbed within existing budgeted resources. The requirement 
that any rules enacted with regard to expedited wind pennitting be defined as major substantive rnles will increase 
DEP rulemaking costs. 
LR1446(03) - Fiscal Note - Page 1 of 1