An Act Regarding
Maine Legislature, Session 132, LD 1458
Committee Amendment CA_A_S171 (Senate)
Amends: 38 MRSA §484-D

COMMITTEE AMENDMENT " /f" to S.P. 599, L.D. 1458, "An Act Regarding
Compensation Fees and Related Conservation Efforts for Solar and Wind Energy
Development and High-impact Electric Transmission Lines Under the Site Location of
Development Laws"
Amend the bill by striking out all of sections 2 and 3 and inserting the following:
'See. 2. 38 MRSA §484-D» sub-§l, as enacted by PL 2023,c. 448,§2, is amended
to read:
1. Compensation fee program. The department shall establish a compensation fee
program to fund a compensation project as an alternative means of satisfying requiremento
rolatod to off site habitat improvement or preservation that the department determines
necessary to mitigate the adverse effects of a renewable energy development on wildlife
ftfid fiahorics hobitats, as defined by tho dopartment; to comply with section '18'1, subseetioa
^ conservation proi ects to conwensate for tlie conversion of undeveloped areas of land for
renewable enerev development. Compensation fees pursuant to this section must be
designed to satisfy all requirements related to off-site habitat imm-ovements or habitat
preservation for a renewable energy development, except for anv compensation
requifemeuts I'elatinfi^^^^M^^^^^^^ or endaneered species; iiifih and
moderate value deer wintering areas; significant vernal pool habitat; hieh and moderate
value waterfowl and wadine bird habitat; or any other habitat defined as sienificant wildlife
habitat under section 480-B, subsection 10. For purposes of this section, "renewable energy
development" means a development subject to the requu-emeuts of this article that is:
A. A solar energy development and associated facilities;
B, A wind energy development as defined in Title 35-A, section 3451, subsection 11
and associated facilities; or
C. A high-impact electric transmission line as defined in Title 35-A, section 3131,
subsection 4-A.
A compenoation conservation project funded in whole or in part from compensation fees
under this section must be approved by the department.'
Page I - 132LRI194(02)
COMMITTEE AMENDMENT
HOS
COMMITTEE AMENDMENT " A " to S.P. 599, L.D. 1458
Amend the bill by inserting after section 5 the following:
'See. 6. 38 MRSA §484-D, sub-§4, as enacted by PL 2023,c. 448,§2, is amended
to read:
4. Location and type of projects. A eeB^efisatiett conservation project funded by a
compensation fee under this section must be located in the same biophysical region as the
renewable energy development unless otherwise approved by the department and must
consist of habitat comparable to tlie habitat affected by the renewable energy development.
The department shall base approval of a compensation conservation project on the
management priorities for the biophysical region in which the project is located. For
puiposes of this subsection, "biophysical regioti" has the same meaning as in section
480-Z,'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the minority report of the committee, amends the bill by
removing the provision defining "undeveloped land" and the provision specifying which
wildlife habitats the Department of Environmental Protection may consider for purposes
of determining an adverse effect of a renewable energy development.
It also amends current law regarding the compensation fee program to offset the
adverse effects of a renewable energy development to provide that the program must fund
conservation projects to compensate for the conversion of undeveloped areas of land for
renewable energy development and tliat compensation fees under that program must be
designed to satisfy all requirements related to off-site habitat improvements or habitat
preservation for a renewable energy development, except for any compensation
requirements relating to habitat for rare, threatened or endangered species; high and
moderate value deer wintering areas; significant vernai pool habitat; high and moderate
value waterfowl and wading bird habitat; or any other habitat defined as significant wildlife
habitat.
FISCAL NOTE REQUIRED
(See attached)
Page2-132LR1194(02)
COMMITTEE AMENDMENT
Approved: 05/22/25
I^RL.
LD 1458 LR 1194(02)
An Act Regarding Compensation Fees and Related Conservation Efforts for Solar and Wind Energy
Development and High-impact Electric Transmission Lines Under the Site Location of Development
Laws
Fiscal Note for Bill as Amended by Committee Amendment "/IS"/<5/
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Changes destination of Other Special Revenue Funds revenue,
Fiscal Detail and Notes
This bill changes how the Department of Environmental Protection (DEP) calculates compensation fees for land
affected by certain renewable energy development projects. It also redirects the revenue from these fees; instead of
going to an account with the DEP after administrative costs are deducted, the funds will be deposited into the Land for
Maine's Future Trust Fund within the Department of Agriculture, Conservation and Forestry.
LR1194(02) - Fiscal Note - Page 1 of 1