An Act To Assist in Reviewing Wind Energy Applications
Sec. 1. 12 MRSA §685-B, sub-§2-C, as enacted by PL 2007, c. 661, Pt. C, §2, is repealed and the following enacted in its place:
Sec. 2. 12 MRSA §685-B, sub-§4, ¶C, as amended by PL 2007, c. 661, Pt. C, §3, is further amended to read:
In making a determination under this paragraph regarding an expedited wind energy development, as defined in Title 35-A, section 3451, subsection 4, the commission shall consider the development's effects on scenic character and existing uses related to scenic character in accordance with Title 35-A, section 3452 ; .
In making a determination under this paragraph regarding a wind energy development, as defined in Title 35-A, section 3451, subsection 11, that has a generating capacity of 100 kilowatts or greater and is located in the expedited permitting area, the commission shall consider the development's effects on scenic character and existing uses relating to scenic character in the manner provided for in Title 35-A, section 3452;
Sec. 3. 12 MRSA §685-F, sub-§1, as amended by PL 2007, c. 541, Pt. B, §3 and affected by §6, is further amended to read:
A project is considered to significantly impair the capacity of the commission's staff if review of that project is likely to occupy the equivalent of at least one person working full-time on that project for a minimum of 4 months. Designation as an extraordinary project must be made at or prior to the time the application is accepted as complete. The director shall notify the applicant in writing upon making the designation.
summary
This bill amends the laws governing the siting of wind energy developments. It makes certain provisions of the laws governing the Maine Land Use Regulation Commission consistent with the corresponding provisions applicable to the Department of Environmental Protection. These provisions allow the commission to require a preapplication notice of filing; allow the commission to require an applicant to attend a public meeting during the review of a wind energy development; allow the commission to extend the processing time with the consent of the applicant; and clarify that, in certain circumstances, associated facilities are not subject to the same time limits. It also clarifies the definitions associated with certain terms. It clarifies that the provisions of law regarding a development's effects on scenic character apply to all wind energy developments, as defined in the Maine Revised Statutes, Title 35-A, of 100 kilowatts or greater in the expedited areas of the commission's jurisdiction, including wind energy developments that do not qualify as grid-scale. It specifies that in the jurisdiction of the commission, all wind energy developments are subject to fee provisions as extraordinary projects, allowing the commission to recover costs associated with processing of the applications, including the cost of noise or other studies.