An Act To Support Farmland Preservation by Allowing the Siting of Solar Energy Installations on Land Enrolled in the Farm and Open Space Tax Law Program (AFTER DEADLINE)
Maine Legislature, Session 129, LD 2127
Committee: Taxation
Sponsors: BERRY, DOW, GATTINE, HICKMAN, PIERCE, DILL
Amends: 36 MRSA §1105-A

Legislative Document
No. 2127
H.P. 1517
House of Representatives, March 3, 2020
An Act To Support Farmland Preservation by Allowing the Siting of 
Solar Energy Installations on Land Enrolled in the Farm and Open 
Space Tax Law Program
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Taxation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BERRY of Bowdoinham.
Cosponsored by Senator DOW of Lincoln and
Representatives: GATTINE of Westbrook, HICKMAN of Winthrop, PIERCE of Falmouth, 
Senator: DILL of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  36 MRSA §1105-A is enacted to read:
§1105-A.  Farmland used for solar energy production
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Agricultural soil" means:
(1)  Land classified by the United States Department of Agriculture, Natural 
Resources Conservation Service pursuant to 7 Code of Federal Regulations, 
Section 657.5 as:
(a)  Prime farmland;
(b)  Unique farmland;
(c)  Farmland of statewide importance; or
(d)  Farmland of local importance; and
(2)  Land characterized by active agricultural use.
B.  "Approved solar energy installation" means the siting of solar energy equipment 
that:
(1)  Meets the rules established by the Department of Agriculture, Conservation 
and Forestry, pursuant to subsection 3, including the capability of being easily 
dismantled;
(2)  Does not occupy more than 50% of farmland consisting of agricultural soil;
(3)  If the portion of the parcel on which the solar energy equipment is located 
consists of wooded portions enrolled as farmland under this subchapter, does not 
occupy wooded portions that exceed 10 acres; and
(4)  Is not located in a significant wildlife habitat as defined in Title 38, section 
480-B, subsection 10, the habitat of an endangered species as defined in Title 12, 
section 10001, subsection 19 or a threatened species as defined in Title 12, 
section 10001, subsection 62, a rare or exemplary natural community or 
ecosystem as determined by the State's Natural Areas Program database or a 
shoreland zone as defined in Title 38, section 482, subsection 4-F.
C.  "Solar energy equipment" means all controls, tanks, pumps, heat exchangers, 
collectors and all other equipment necessary for the collection, transfer and storage of 
solar energy.
2.  Use of farmland for approved solar energy installation.  For property tax years 
beginning on or after April 1, 2020, notwithstanding any provision of law to the contrary, 
a portion of a parcel that is classified as farmland and enrolled under this subchapter as of 
April 1, 2020 may be used for the siting of an approved solar energy installation without 
the withdrawal of that portion from classification as farmland under this subchapter.
3.  Adoption of rules.  The Department of Agriculture, Conservation and Forestry, in 
consultation with the bureau, shall adopt routine technical rules, pursuant to Title 5, 
chapter 375, subchapter 2-A, to implement this section, including the development of 
standards for approved solar energy installations.
SUMMARY
This bill allows the siting of solar energy installations on land classified as farmland 
under the farm and open space tax law without requiring the portion of the parcel on 
which the solar energy installation is located to be withdrawn from the farm and open 
space tax law program.