An Act To Implement Agency Recommendations Relating to Sea Level Rise and Climate Resilience Provided Pursuant to Resolve 2021, Chapter 67 Fiscal Detail and Notes
Maine Legislature, Session 130, LD 1970
Committee Amendment CA_A_H825 (House)
Amends: 12 MRSA §685-B, 30-A MRSA §4326

COMMITTEEAMENDMENT"A "toH.P.1465,L.D.1970, "AnActToimplement 
Agency Recommendations Relating to Sea Level Rise and Climate Resilience Provided 
Pursuant to Resolve 2021, Chapter 67" 
Amend the bill in Part A by inserting after section 1 the following: 
'Sec. A-2. 12 MRSA §685-B, sub-§4, ,re, as amended by PL 2011, c. 682, § 19, is 
repealed and the following enacted in its place: 
C. Adequate provision has been made for fitting the proposal harmoniously into the 
existing natural environment in order to ensure there will be no undue adverse effect 
on existing uses, scenic character and natural and historic resources in the area likely 
to be affected by the proposal. 
(1) In making a determination under this paragraph regarding whether an applicant 
has made adequate provision for fitting the proposal harmoniously into the existing 
natural environment, the commission may consider the effect of at least 1.5 feet of 
sea level rise by 2050 and 4 feet of relative sea level rise by 2100 as specified by 
the commission by rule adopted pursuant to section 685-A, subsection 3. 
(2) In making a determination under this paragraph regarding development to 
facilitate withdrawal of groundwater, the commission shall consider the effects of 
the proposed withdrawal on waters of the State, as defined by Title 3 8, section 
361-A, subsection 7; water-related natural resources: and existing uses. including. 
but not limited to, public or private wells, within the anticipated zone of 
contribution to the withdrawal. In making findings under this subparagraph. the 
commission shall consider both the direct effects of the proposed withdrawal and 
its effects in combination with existing water withdrawals. 
(3) In making a determination under this paragraph regarding a community-based 
offshore wind energy project, the commission shall consider the project's effects 
on scenic character and existing uses related to scenic character in accordance with 
Title 35-A. section 3452. 
COMMITTEE AMENDMENT 
~o~t 
COMMITTEE AMENDMENT "4" to H.P. 1465, L.D. 1970 
( 4) In making a determination under this paragraph regarding a wind energy 
development, as defined in Title 35-A, section 3451, subsection 11, that is not a 
grid-scale wind energy development, that has a generating capacity of 100 
kilowatts or greater and that is proposed for location within the expedited 
permitting area, the commission shall consider the development's or project's 
effects on scenic character and existing uses relating to scenic character in the 
manner provided for in Title 35-A, section 3452;' 
Amend the bill in Part A in section 3 in subsection 8-A in paragraph B in the 3rd line 
(page 1, line 37 in L.D.) by inserting after the following: "risk" the following: 1, build 
resilience to natural hazards' 
Amend the bill in Part A by striking out all of section 8 and inserting the following: 
'Sec. A-8. 30-A MRSA §4326, sub-§4-B is enacted to read: 
4-B. Addressing climate risks and building resilience to natural hazards. A 
municipality or multimunicipal region may include in its comprehensive plan projections 
regarding risks posed by climate change as identified in its climate vulnerability assessment 
prepared pursuant to subsection 1, paragraph L and the potential effects of those risks on 
buildings, transportation infrastructure, sewage treatment facilities and other relevant 
municipal, multimunicipal or privately held infrastructure, property or protected natural 
resources and may develop a coordinated plan for addressing those risks and for building 
resilience to natural hazards. 
As used in this subsection, "protected natural resource" has the same meaning as in Title 
38, section 480-B, subsection 8.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, clarifies that a "local 
climate action plan," which may be adopted by a municipality or multimunicipal region, 
includes an evaluation of options for building resilience to natural hazards. It also clarifies 
that in addressing climate risks identified in. a municipality's or multimunicipal region's 
climate vulnerability assessment, as provided for in the bill, the municipality or 
multimunicipal region may include the potential effects of those risks on protected natural 
resources, as that term is defined under the Natural Resources Protection Act, and may 
develop a coordinated plan for addressing those risks and for building resilience to natural 
hazards. It also amends the laws governing the Maine Land Use Planning Commission's 
permit approval criteria for proposed developments to provide that, in making a 
determination regarding whether an applicant has made adequate provision for fitting the 
proposal harmoniously into the existing natural environment, the commission may consider 
the effect of at least 1.5 feet of sea level rise by 2050 and 4 feet of relative sea level rise by 
2100 as specified by the commission by rule. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/18/22 feac::. 
LD 1970 
LR2598(02) 
An Act To Implement Agency Recommendations Relating to Sea Level Rise and Climate Resilience 
Provided Pursuant to Resolve 2021, Chapter 67 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 1;/r ( J.1-f 25) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to various departments and agencies from the provisions in this bill are expected to be minor and 
can be absorbed within existing budgeted resources. 
LR2598(02) - Fiscal Note - Page 1 of 1