Maine LD 828: An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission

LD 828 (subjects: ALTERNATIVE ENERGY , WIND ENERGY )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=828&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support | In The News


Sponsors

Principal Sponsor: Rep. Larry Dunphy of Embden: (I – District 118) — e-mail | Facebook

9 Cosponsors:

Actions

Chamber

Action
3/10/2015 House Committee on Energy, Utilities and Technology suggested and ordered printed.
The Bill was REFERRED to the Committee on ENERGY, UTILITIES AND TECHNOLOGY.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/11/2015 Senate On motion by Senator WOODSOME of York Tabled until Later in Today’s Session, pending REFERENCE
Unfinished Business
3/12/2015 Senate Unfinished Business
3/17/2015 Senate Taken from the table by the President
On motion by Senator Edgecomb of Aroostook REFERRED to the Committee on AGRICULTURE, CONSERVATION AND FORESTRY , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
3/18/2015 House On motion of Representative McCABE of Skowhegan, TABLED pending FURTHER CONSIDERATION.
Later today assigned.
3/18/2015 House Unfinished Business
3/19/2015 House Unfinished Business
3/24/2015 House Speaker laid before the House
Subsequently, the House RECEDED and CONCURRED to REFERENCE to the Committee on AGRICULTURE, CONSERVATION AND FORESTRY.
ORDERED SENT FORTHWITH.
6/11/2015 House Reports READ.
On motion of Representative HICKMAN of Winthrop, the Majority Ought to Pass as Amended Report was ACCEPTED.
The Bill was READ ONCE.
Committee Amendment “A” (H-374) was READ.
On motion of Representative SAUCIER of Presque Isle, House Amendment “A” (H-393) to Committee Amendment “A” (H-374) was READ and ADOPTED.
ROLL CALL NO. 214
(Yeas 75 – Nays 74 – Absent 2 – Excused 0)
Committee Amendment “A” (H-374) as Amended by House Amendment “A” (H-393) thereto ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-374) as Amended by House Amendment “A” (H-393) thereto.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/12/2015 Senate Reports READ
On motion by Senator EDGECOMB of Aroostook Tabled until Later in Today’s Session, pending ACCEPTANCE OF EITHER REPORT
Unfinished Business
6/15/2015 Senate Unfinished Business
6/17/2015 Senate Unfinished Business
6/17/2015 Senate Unfinished Business
6/18/2015 Senate Unfinished Business
6/19/2015 Senate Taken from the table by the President ProTem
Reports READ
On motion by Senator SAVIELLO of Franklin The Majority Ought to Pass As Amended Report ACCEPTED , in concurrence.
READ ONCE
Committee Amendment “A” (H-374) READ
House Amendment “A” (H-393) READ
On motion by Senator SAVIELLO of Franklin House Amendment “A” (H-393) INDEFINITELY POSTPONED , in NON-CONCURRENCE.
On motion by Same Senator Senate Amendment “A” (S-307) to Committee Amendment “A” (H-374) READ and ADOPTED
Committee Amendment “A” (H-374) As Amended By Senate Amendment “A” (S-307) thereto ADOPTED , in NON-CONCURRENCE.

Under suspension of the Rules, READ A SECOND TIME PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-374) AS AMENDED BY Senate Amendment “A” (S-307) thereto , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/22/2015 House The House RECEDED and CONCURRED to PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “A” (H-374) as Amended by Senate Amendment “A” (S-307) thereto
ORDERED SENT FORTHWITH.
6/22/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/22/2015 Senate PASSED TO BE ENACTED, in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 828 as originally introduced. L.D. 828 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-374) S-A to C-A (S-307) .

An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. 12 MRSA 685-A, sub- 13, as enacted by PL 2007, c. 661, Pt. C, 1, is amended to read:

13. Additions to and removals from the expedited permitting area and the provisional expedited permitting area for wind energy development. The commission may add areas in the State’s unorganized and deorganized areas specified places to the expedited permitting area and remove specified places from the provisional expedited permitting area for wind energy development in accordance with Title 35-A, section 3453.

Sec. A-2. 35-A MRSA 3402, sub- 2, as enacted by PL 2007, c. 661, Pt. A, 5 and amended by PL 2011, c. 682, 38, is further amended to read:

2. Need for modification of regulatory process for siting wind energy developments. The Legislature finds that it is in the public interest to reduce the potential for controversy regarding siting of grid-scale wind energy development by expediting development in places where it is most compatible with existing patterns of development and resource values when considered broadly at the landscape level. Accordingly, the Legislature finds that certain aspects of the State’s regulatory process for determining the environmental acceptability of wind energy developments should be modified to encourage the siting of wind energy developments in these areas. Such changes include, but are not limited to:

A. Making Establishing a participatory process for making wind energy development a permitted use within certain parts of the State’s unorganized and deorganized areas;
B. Refining certain procedures of the Department of Environmental Protection and the Maine Land Use Planning Commission; and
C. Because the Legislature recognizes that wind turbines are potentially a highly visible feature of the landscape that will have an impact on views, judging the effects of wind energy development on scenic character and existing uses related to scenic character based on whether the development significantly compromises views from a scenic resource of state or national significance such that the development has an unreasonable adverse effect on the scenic character or existing uses related to the scenic character of that resource.

The Legislature further finds that, while wind energy may be developed at many sites with minimal site-specific environmental impacts, wind energy developments may have, in addition to their beneficial environmental effects and potential scenic impacts, specific adverse environmental and local community effects that must be addressed in state permitting regulatory decisions pursuant to approval criteria tailored to address issues presented by wind energy development. Nothing in this section is meant to diminish the importance of addressing , as appropriate , site-specific impacts on persons, property and natural values, including, but not limited to, wildlife, wildlife habitats and other ecological values.

The Legislature further finds that development of the State’s wind energy resources should be undertaken in a manner that ensures consideration of, and participation by, persons within communities where wind energy facilities are proposed and that ensures significant tangible benefits to the people of the State, including, but not limited to, residents of communities that host wind energy facilities ; , and that the State should seek to host a substantial amount of wind energy as part of a strategy to reduce greenhouse gas emissions and meet the goals established in the state climate action plan developed pursuant to Title 38, section 577.

Sec. A-3. 35-A MRSA 3451, sub- 3, B, as enacted by PL 2007, c. 661, Pt. A, 7 and amended by PL 2011, c. 682, 38, is further amended to read:

B. Specific Specified places within the State’s unorganized and deorganized areas , as defined by Title 12, section 682, subsection 1, that are identified by rule by the Maine Land Use Planning Commission in accordance with this chapter.

Sec. A-4. 35-A MRSA 3451, sub- 8, B, as amended by PL 2011, c. 682, 26, is further amended to read:

B. The Maine Land Use Planning Commission, in the case of a community-based offshore wind energy project as defined in Title 12, section 682, subsection 19 and a wind energy development in the unorganized and deorganized areas as defined in Title 12, section 682, subsection 1 that is not grid-scale wind energy development.

Sec. A-5. 35-A MRSA 3451, sub- 8-B is enacted to read:

8-B. Provisional expedited permitting area. “Provisional expedited permitting area” means specified places within the unorganized and deorganized areas that are identified by rule by the Maine Land Use Planning Commission.

Sec. A-6. 35-A MRSA 3451, sub- 9-A is enacted to read:

9-A. Specified place. “Specified place” means the entirety or a portion of a township or plantation in the unorganized and deorganized areas.

Sec. A-7. 35-A MRSA 3451, sub- 10-A is enacted to read:

10-A. Unorganized and deorganized areas. “Unorganized and deorganized areas” has the same meaning as in Title 12, section 682, subsection 1.

Sec. A-8. 35-A MRSA 3453, as enacted by PL 2007, c. 661, Pt. A, 7 and amended by PL 2011, c. 682, 38, is further amended to read:

3453. Additions to the expedited permitting area

The Maine Land Use Planning Commission may, by rule adopted in accordance with Title 5, chapter 375, add a specified place in the State’s unorganized or and deorganized areas , including specified places within the provisional expedited permitting area, to the expedited permitting area. In order to add a specified place to the expedited permitting area, the Maine Land Use Planning Commission must determine that the proposed addition to the expedited permitting area:

1. Geographic extension. Involves a logical geographic extension of the currently designated expedited permitting area , except that the addition of a specified place from the provisional expedited permitting area does not require that it involve a logical geographic extension of the expedited permitting area;
2. Meets state goals. Is important to meeting the state goals for wind energy development established in section 3404; and
3. Principal values and goals. Would not compromise the principal values and the goals identified in be consistent with the comprehensive land use plan adopted by the Maine Land Use Planning Commission pursuant to Title 12, section 685-C and would be consistent with statutory purpose and scope pursuant to Title 12, section 681.

The addition of a specified place within the provisional expedited permitting area to the expedited permitting area constitutes its removal from the provisional expedited permitting area.

If the Maine Land Use Planning Commission receives written requests from 5 or more persons requesting a public hearing be held in relation to a petition to add a specified place to the expedited permitting area, a public hearing must be held.

Rules adopted by the Maine Land Use Planning Commission pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

PART B

Sec. B-1. Provisional expedited permitting area designation. No later than December 31, 2015, the Maine Land Use Planning Commission shall adopt a rule listing the following specified places, except as noted, within the unorganized and deorganized areas, which comprise the provisional expedited permitting area for purposes of this Act. The addition of a specified place to this list in furtherance of this Act constitutes a removal of that same place from the expedited permitting area. The commission may subsequently remove specified places from this list in accordance with the Maine Revised Statutes, Title 35-A, section 3453:

1. Entire townships and plantations. The following entire townships and plantations: Albany Twp., 17802; Alder Stream Twp., 07801; Argyle Twp., 19801; Bald Mountain Twp., T2 R3, 25805; Baring Plt., 29040; Barnard Twp., 21030; Batchelders Grant Twp., 17805; Benedicta Twp., 03050; Big Moose Twp., 21801; Blake Gore, 25811; Blanchard Twp., 21040; Brookton Twp., 29801; Carroll Plt., 19080; Carrying Place Twp., 25860; Cary Plt., 03090; Centerville Twp., 29080; Chase Stream Twp., 25816; Chester, 19100; Codyville Plt., 29110; Concord Twp., 25818; Connor Twp., 03802; Cove Point Twp., 21805; Cox Patent, 03803; Cross Lake Twp., 03899; Cyr Plt., 03140; Dennistown Plt., 25090; Drew Plt., 19160; Dudley Twp., 03804; Dyer Twp., 29803; E Twp., 03160; East Moxie Twp., 25821; Edmunds Twp., 29804; Fletchers Landing Twp., 09804; Forest City Twp., 29806; Forest Twp., 29805; Forkstown Twp., 03805; Fowler Twp., 29807; Freeman Twp., 07808; Garfield Plt., 03220; Glenwood Plt., 03230; Grand Falls Twp., 19250; Grindstone Twp., 19802; Hamlin, 03250; Hammond, 03260; Harfords Point Twp., 21811; Herseytown Twp., 19803; Hibberts Gore, 15801; Highland Plt., 25150; Hopkins Academy Grant Twp., 19804; Indian Stream Twp., 25828; Jim Pond Twp., 07811; Johnson Mountain Twp., 25829; Kibby Twp., 07812; Kingman Twp., 19808; Kingsbury Plt., 21110; Lake View Plt., 21120; Lambert Lake Twp., 29809; Lexington Twp., 25831; Macwahoc Plt., 03360; Marion Twp., 29810; Mason Twp., 17811; Mattamiscontis Twp., 19810; Mayfield Twp., 25835; Milton Twp., 17812; Misery Gore Twp., 25837; Misery Twp., 25836; Molunkus Twp., 03806; Moosehead Junction Twp., 21816; Moro Plt., 03430; Mount Chase, 19450; Moxie Gore, 25838; Nashville Plt., 03440; No. 14 Twp., 29330; North Yarmouth Academy Grant Twp., 03807; Orneville Twp., 21821; Osborn, 09230; Oxbow Plt., 03500; Parkertown Twp., 17814; Parlin Pond Twp., 25839; Perkins Twp., 07818; Perkins Twp. Swan Island, 23801; Pleasant Ridge Plt., 25250; Prentiss Twp., T4 R4 NBKP, 25843; Prentiss Twp., T7 R3 NBPP, 19540; Rangeley Plt., 07160; Reed Plt., 03540; Saint Croix Twp., 03808; Saint John Plt., 03570; Sandbar Tract Twp., 25848; Sandy Bay Twp., 25850; Sandy River Plt., 07170; Sapling Twp., 25851; Seboeis Plt., 19550; Silver Ridge Twp., 03809; Squapan Twp., 03810; Squaretown Twp., 25854; Summit Twp., 19812; T1 R5 WELS, 03816; T1 R6 WELS, 19815; T10 R3 WELS, 03829; T10 R6 WELS, 03830; T10 SD, 09806; T11 R3 NBPP, 29817; T11 R4 WELS, 03833; T13 R5 WELS, 03856; T14 R5 WELS, 03867; T14 R6 WELS, 03868; T15 R5 WELS, 03879; T15 R6 WELS, 03880; T16 MD, 09807; T16 R4 WELS, 03889; T16 R5 WELS, 03890; T16 R6 WELS, 03891; T17 R3 WELS, 03897; T17 R4 WELS, 03898; T18 ED BPP, 29818; T18 MD BPP, 29819; T19 ED BPP, 29820; T19 MD BPP, 29821; T2 R4 WELS, 03817; T2 R8 NWP, 19817; T2 R9 NWP, 19819; T22 MD, 09808; T3 Indian Purchase Twp., 19806; T3 R3 WELS, 03818; T3 R4 WELS, 03819; T3 R9 NWP, 19823; T4 R3 WELS, 03820; T6 R6 WELS, 19829; T7 R5 WELS, 03821; T7 R6 WELS, 19832; T7 SD, 09803; T8 R3 NBPP, 29815; T8 R3 WELS, 03822; T8 R4 NBPP, 29816; T8 R5 WELS, 03823; T8 R6 WELS, 19835; T9 R3 WELS, 03824; T9 R4 WELS, 03825; T9 R5 WELS, 03826; T9 SD, 09805; TA R2 WELS, 03813; TA R7 WELS, 19814; Taunton & Raynham Academy Grant, 25803; TC R2 WELS, 03814; TD R2 WELS, 03815; The Forks Plt., 25320; Trescott Twp., 29811; Unity Twp., 11801; Upper Molunkus Twp., 03811; Washington Twp., 07827; Webbertown Twp., 03812; Webster Plt., 19600; West Forks Plt., 25330; Williamsburg Twp., 21827; and Winterville Plt., 03680; and

2. Portions of townships and plantations. The following portions of townships and plantations: that portion of Adamstown Twp., 17801, north of Route 16; Bald Mountain Twp., T4 R3, 25806, excluding areas of Boundary Bald Mountain above 2,700 feet in elevation; a 146.6-acre parcel in the northeast corner of the Chain of Ponds, 07803, along the border with Canada; the portion of Coplin Plt., 07040, north of Route 16; the portion of Dallas Plt., 07050, north of Route 16; the portion of Ebeemee Twp., 21853, east of Route 11; the portion of Kossuth Twp., 29808, north of Route 6; the portion of Lang Twp., 07813, north of Route 16; the portion of Lincoln Plt., 17160, north of Route 16; the portion of Long A Twp., 19809, east of Route 11; the portion of Long Pond Twp., 25833, south of Long Pond and Moose River; the 487.5-acre area above the 2,040-foot elevation around Green Top in Lynchtown Twp., 17810; the portion of Rockwood Strip T1 R1 NBKP, 25844, south of Moose River, Little Brassua Lake and Brassua Lake; the portion of Rockwood Strip T2 R1 NBKP, 25845, south of Little Brassua Lake and Brassua Lake; the portion of Salem Twp., 07820, south of Route 142; the portion of Sandwich Academy Grant Twp., 25849, south of Moose River, Little Brassua Lake and Brassua Lake; the 12.5-acre north-south trending area just south and west of Kibby Mountain in Skinner Twp., 07822; the portion of Soldiertown Twp., T2 R7 WELS, 19811, east of the East Branch Penobscot River; the portion of T1 R8 WELS, 19816, south of Millinocket Lake; the portion of T1 R9 WELS, 21833, southeast of Ambajejus Lake; T24 MD BPP, 29822, excluding a one-mile buffer around Mopang Stream; the 51.9-acre area in T25 MD BPP, 29823, encompassing Black Brook and Black Brook Pond, and the area northeast of Holmes Falls Road; the portion of T3 R7 WELS, 19821, east of the Seboeis River and East Branch Penobscot River; the portions of T4 Indian Purchase Twp., 19807, area northeast of North Twin Lake and south of Route 11; the portion of T4 R7 WELS, 19824, east of the Seboeis River; the portion of T4 R9 NWP, 21845, east of Route 11; the portion of T5 R7 WELS, 19827, east of the Seboeis River; and the portion of T6 R7 WELS, 19830, east of the Seboeis River.

Sec. B-2. Exceptions. The following portions of townships or plantations may not be added to the provisional expedited permitting area under section 1:

1. Existing development. Any specified place within the project boundary of an existing, legally permitted, expedited wind energy development;

2. Proposed development. Any specified place within the project boundary of a proposed, legally permitted, expedited wind energy development, as described in its associated development permit;

3. Accepted for processing. Any specified place within the project boundary of a proposed expedited wind energy development, as described in a development permit application that has been accepted for processing by the Department of Environmental Protection before the date the rule under section 1 is adopted; and

4. Added by rule. Any specified place added by rule to the expedited permitting area after April 18, 2008 in accordance with the Maine Revised Statutes, Title 35-A, section 3453.

Sec. B-3. Definitions. As used in this Part, the following terms have the following meanings.

1. Project boundary. “Project boundary” means the geographic limits of an existing or proposed expedited wind energy development, as defined by:

A. The limits of the project footprint as described in the project development permit issued or the development permit application accepted as complete for processing by the siting authority; or
B. If no specific project footprint description exists, the deeded geographic boundaries of the parcel or parcels of land on which the project, or portion of the project, is sited.

2. Specified place. “Specified place” means the entirety or a portion of a township or plantation in the unorganized or deorganized areas.

Sec. B-4. Rules. Rules adopted by the Maine Land Use Planning Commission pursuant to this Part are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

summary

This bill amends legislative findings of the Maine Wind Energy Act, adding emphasis to public consideration and participation in decisions related to expedited wind energy development siting. It directs the Maine Land Use Planning Commission, through rulemaking, to create a provisional expedited permitting area comprised of unorganized and deorganized areas of the State, which were previously included in the expedited permitting area, with specific exceptions to recognize existing expedited wind energy developments. It amends the statutory criteria for adding specified places to the expedited permitting area and adds a requirement that a petition to add a specified place to the expedited permitting area must involve a public hearing if written requests for a public hearing are received from 5 or more persons.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


In The News…

Recent news stories featuring LD 828:


This information about LD 828 was last updated on 2016-05-12.
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