An Act To Balance Renewable Energy Development with Natural and Working Lands Conservation
Maine Legislature, Session 130, LD 0856
Committee Amendment CA_A_H826 (House)
Amends: 2 MRSA §9, 38 MRSA §344

COMMITTEE AMENDMENT" A, to H.P. 624, L.D. 856, "An Act To Balance 
Renewable Energy Development with Natural and Working Lands Conservation" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 2 MRSA §9, sub-§3, ~, as enacted by PL 2007, c. 656, Pt. C, §1, is 
amended to read: 
I. Monitor energy transmission capacity planning and policy affecting this State and 
the regulatory approval process for the development of energy infrastructure pursuant 
to Title 35-A, section 122 and make recommendations to the Governor and the 
Legislature as necessary for changes to the relevant laws and rules to facilitate energy 
infrastructure planning and development; ftRe 
Sec. 2. 2 MRSA §9, sub-§3, 1J, as amended by PL 2011, c. 55, §2, is further 
amended to read: 
J. Take action as necessary to carry out the goals and objectives of the state energy 
plan prepared pursuant to paragraph C including lowering the total cost of energy to 
consumers in this State,; and 
Sec. 3. 2 MRSA §9, sub-§3, ~ 
is enacted to read: 
K. Create and maintain a publicly accessible database of fully permitted or constructed 
energy facilities that may be used to identify land use and other energy trends. For 
purposes of this paragraph, "energy facility" means a facility constructed and operated 
for the purpose of generating energy for sale and that is connected to the electric 
transmission and distribution utility system within the State. The database must include 
key characteristics, including. but not limited to, geospatial data. The director may 
collect the data from state permitting agencies. the Public Utilities Commission and 
other relevant entities and may determine the format and schedule of data collection. 
Sec. 4. 38 MRSA §344, sub-§2-A, ~' as enacted by PL 1989, c. 890, Pt. A, §22 
and affected by §40, is amended to read: 
Pagel -130LR0041(02) 
COMMITTEE AMENDMENT 
1·. 
~er 
COMMITTEE AMENDMENT "4' to H.P. 624, L.D. 856 
B. The commissioner shall decide whether an application meets the permit by rule 
provisions under subsection 7 within 20 working days after notifying the applicant of 
acceptance of the application, except that the commissioner shall decide whether an 
application to undertake an activity that requires a permit pursuant to chapter 3, 
subchapter 1, article 6 meets the permit by rule provisions under subsection 7 within a 
time period set pursuant to the provisions of section 344-B. 
Sec. 5. Governor's Energy Office to plan for pilot program to study 
feasibility of dual-use projects. The Governor's Energy Office, referred to in this 
section as "the office," in collaboration with the Department of Agriculture, Conservation 
and Forestry, the Public Utilities Commission and other state agencies and stakeholders, 
including research institutions, shall develop a plan to implement a dual-use energy pilot 
program, referred to in this section as "the pilot program plan, 
to test and study the efficacy 
and potential benefits of innovative solar energy systems that are connected to the electric 
transmission and distribution utility system and are located on natural and developed areas, 
including, but not limited to, farmland that is maintained in active agricultural or 
horticultural use, parking lots and aquatic sites. For purposes of this section, "dual-use 
project" means a mixed-use system combining use ofland or aquatic sites with solar energy 
production. 
The pilot program plan must: 
1. Identify potential dual-use projects that collectively have a total capacity of 30 
megawatts, with at least 20 megawatts reserved for dual-use projects on agricultural land, 
and that may warrant inclusion in a pilot program based on criteria including but not limited 
to emerging or potential commercial viability, potential applicability to the State, and 
potential to contribute meaningfully and cost-effectively to achievement of the goals 
established in the Maine Revised Statutes, Title 35-A, section 3210, subsection 1-A; 
2. Identify and include eligibility criteria for dual-use projects to be included in the 
pilot program, including, but not limited to, the continuation of agricultural or horticultural 
uses of the affected land; 
3. Identify if financial incentives, location-based incentives or other incentives to dual-
use projects that would be considered for inclusion in the pilot program would be necessary, 
including mechanisms to minimize the cost of the pilot program to electric ratepayers in 
the State; 
4. Ensure all approved agricultural dual-use projects permit the Department of 
Agriculture, Conservation and Forestry to conduct or direct research on compatible crops, 
grazing operations and other agricultural or horticultural uses of the land to determine best 
practices for dual-use projects. The determination of best practices must consider both the 
duration of uses of the land and the energy production of the solar energy system; 
5. Include an application process for landowners seeking to be included in the pilot 
program, including landowners who have already deployed or are planning to deploy solar 
energy systems; 
6. Examine benefits of dual-use project applications to individual landowners, the 
electric transmission and distribution utility system and the State's ability to meet clean 
energy and climate goals; and 
COMMITTEE AMENDMENT 
~o~ 
( 
COMMITTEE AMENDMENT "A" to H.P. 624, L.D. 856 
7. Include an evaluation process and selection criteria that may result in the approval 
of dual-use projects of varying sizes, in different geographic locations, that involve diverse 
types of sites and, if applicable, minimize negative impacts to farmland and the 
environment, and ensure appropriate innovation as well as planning for technical and 
financial feasibility, including interconnection with the electric transmission and 
distribution utility system. 
The office, in coordination with the Department of Agriculture, Conservation and 
Forestry, shall submit a report with a plan for implementing the pilot program to the joint 
standing committees of the Legislature having jurisdiction over agriculture, conservation 
and forestry matters; energy and utilities matters; and environment and natural resources 
matters no later than March 1, 2023 and each joint standing committee may submit 
legislation relating to the subject matter of the report to the First Regular Session of the 
131st Legislature. 
Sec. 6. Governor's Energy Office to include agricultural and natural 
resource stakeholders in distributed generation project programs stakeholder 
group siting work sessions. The Governor's Energy Office, referred to in this section 
as 11the office, 11 shall convene, no later than September 1, 2022, siting work sessions of the 
distributed generation project programs stakeholder group convened by the office pursuant 
to Public Law 2021, chapter 390, section 4. These siting work sessions must include 
representatives from natural resource agencies, stakeholders representing agricultural and 
natural resource interests and members of the distributed generation project programs 
stakeholder group. The siting work sessions must focus on land use considerations and 
how such considerations may be incorporated into distributed generation policy, including 
siting distributed generation facilities and electric grid planning. Such land use 
considerations may include the prioritization of the use of contaminated lands, such as 
brownfields and land contaminated with perfluoroalkyl and polyfluoroalkyl substances, 
rooftops, gravel pits and previously developed parcels, and other criteria that safeguard or 
avoid valuable agricultural land, rare, threatened and endangered species and rare and 
exemplary natural communities. The office shall convene at least 3 siting work sessions 
to develop recommendations to avoid, minimize and compensate for agricultural and 
natural resource impacts, including, but not limited to, an in-lieu fee mitigation program 
and preference in procurement or tariff programs. No later than January 1, 2023, the siting 
work sessions must result in a report, with findings and recommendations, to the distributed 
generation project programs stakeholder group. 
Sec. 7. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Bureau of Agriculture 0393 
Initiative: Provides ongoing funding for one Public Service Coordinator I position to 
support the design and establishment of a pilot program to study the feasibility of dual-use 
projects, provide technical assistance to municipalities considering proposals for utility-
scale solar energy projects on agricultural, forested and natural lands, analyze impacts to 
agricultural and natural resources and assist with further solar policy development for the 
department. 
COMMITTEE AMENDMENT 
~of6 i 
COMMITTEE AMENDMENT "A" to H.P. 624, L.D. 856 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Office of the Commissioner 0401 
2021-22 
0.000 
$0 
$0 
2022-23 
1.000 
$103,622 
$103,622 
Initiative: Provides ongoing funding for related All Other costs to support the design and 
establishment of a pilot program to study the feasibility of dual-use projects, provide 
technical assistance to municipalities considering proposals for utility-scale solar energy 
projects on agricultural, forested and natural lands, analyze impacts to agricultural and 
natural resources and assist with further solar policy development for the department. 
OTHER SPECIAL REVENUE FUNDS 
2021-22 
2022-23 
All Other 
$0 
$3,902 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
EXECUTIVE DEPARTMENT 
Governor's Energy Office Z122 
$0 
2021-22 
$0 
$0 
$0 
$3,902 
2022-23 
$103,622 
$3,902 
$107,524 
Initiative: Provides ongoing funding for one Public Service Coordinator II position and 
associated All Other costs to develop and maintain information technology and databases, 
including publicly accessible databases, and to coordinate engagement with municipalities 
and respond to other research needs. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
EXECUTIVE DEPARTMENT 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2021-22 
0.000 
$0 
$0 
$0 
2021-22 
$0 
$0 
COMMITTEE AMENDMENT 
2022-23 
1.000 
$150,000 
$100,000 
$250,000 
2022-23 
$250,000 
$250,000 
~OY 
COMMITTEE AMENDMENT "4,' to H.P. 624, L.D. 856 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2021-22 
$0 
$0 
$0 
2022-23 
$353,622 
$3,902 
$357,524 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft. 
The amendment directs the Governor's Energy Office to create and maintain a publicly 
accessible database of fully permitted or constructed energy facilities using renewable 
resources that may be used to identify land use trends. 
Current law requires the Commissioner of Environmental Protection to decide whether 
an application for a permit under the Maine Revised Statutes, Title 3 8 meets the permit by 
rule requirements in statute within 20 working days after notifying the applicant of 
acceptance of the application. The amendment requires the commissioner to decide 
whether an application to undertake an activity that requires a permit pursuant to the site 
location of development law in Title 38, chapter 3, subchapter 1, article 6 meets the permit 
by rule requirements in statute within a time period set pursuant to Title 38, section 344-B, 
which regulates timetables for processing permit applications. 
• 
The amendment requires the Governor's Energy Office, in collaboration with the 
Department of Agriculture, Conservation and Forestry and the Public Utilities Commission 
and other state agencies, stakeholders and research institutions, to develop a plan to 
implement a dual-use energy pilot program and requires the office to submit a report with 
a plan for implementing a pilot program to the joint standing committees of the Legislature 
having jurisdiction over agriculture, conservation and forestry matters; energy and utilities 
0 
matters; and environment and natural resources matters no later than March 1, 2023. Each 
joint standing committee is authorized to submit a bill relating to the subject matter of the 
report to the First Regular Session of the 131st Legislature. 
The amendment directs the Governor's Energy Office to convene siting work sessions, 
no later than September 1, 2022, of the distributed generation project programs stakeholder 
group convened by the office pursuant to Public Law 2021, chapter 390, section 4. 
The amendment establishes a Public Service Coordinator I position in the Department 
of Agriculture, Conservation and Forestry, Bureau of Agriculture, Food and Rural 
8 
Resources to support the design and establishment of a pilot program to study the feasibility 
of dual-use projects, provide technical assistance to municipalities considering proposals 
for utility-scale solar energy projects and assist with further solar policy development for 
the department. 
The amendment also establishes one position in the Governor's Energy Office to 
develop and maintain information technology and databases, including publicly accessible 
COMMITTEE AMENDMENT 
~oy 
COMMITTEE AMENDMENT" If to H.P. 624, L.D. 856 
databases, and to coordinate management with municipalities and respond to other research 
needs. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/18/22 ~ae.. 
LD 856 
LR 41(02) 
An Act To Balance Renewable Energy Development with Natural and Working Lands Conservation 
Fiscal Note for Bill as Amended by Committee Amendment A {Hr J 2~) 
Committee: Agriculture, Conservation and Forestry 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
$0 
$0 
$0 
FY 2022-23 
$353,622 
$353,622 
$3,902 
Projections 
FY 2023-24 
$356,938 
$356,938 
$3,902 
Projections 
FY 2024-25 
$360,360 
$360,360 
$3,902 
This bill includes ongoing appropriations beginning in fiscal year 2022-23 to the Department of Agriculture, 
Conservation and Forestry of $103,622 for one Public Service Coordinator I position and ongoing allocations of 
$3,902 for the associated All Other costs for the position. The bill also includes ongoing appropriations beginning in 
fiscal year 2022-23 of $150,00 to the Governor's Energy Office for one Public Service Coordinator II position and 
appropriations of $100,000 for the costs associated with the development and maintenance of a database of fully 
permitted or constructed energy facilities utilizing renewable resources that may be used to identify land use trends 
and potential natural resources impacts. 
LR0041(02) - Fiscal Note - Page 1 of 1