HP0435, LD 616, item 3, Document Text

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 35-A MRSA §3453-A is enacted to read:

§ 3453-A. Removal of specific locations from the expedited permitting area

The Maine Land Use Planning Commission may remove specific locations from the expedited permitting area in accordance with this section and rules adopted by the Maine Land Use Planning Commission. Rules adopted under this section must include, but are not limited to, provisions that:

1. Process. Establish a process to demonstrate that the removal of the specific location is supported by the registered voters within the specific location. The process must include:

A. A public hearing at which supporters and opponents are permitted to speak. Speakers at the public hearing are not required to be residents of the specific location; and

B. A petition process that requires that the petition:

(1) Clearly state the boundaries of the specific location being proposed for removal;

(2) Clearly state that those signing the petition are in support of the removal of the specific location from the expedited permitting area;

(3) Be signed by a number of registered voters within the specific location equal to or greater than 50% of the registered voters within the specific location that voted in the most recent gubernatorial election; and

(4) List the reasons why removal from the expedited permitting area is being sought, including the specific need for the specific location to undergo the process for reclassification of a land use district under Title 12, section 685-A that may occur as part of the standard permitting process; and

2. Limitation. Limit the removal of a specific location to those portions of a township or plantation:

A. With respect to which the Maine Land Use Planning Commission determines that the specific need under subsection 1, paragraph B cannot be met through the expedited permitting process;

B. That are adjacent to other locations that are not within the expedited permitting area; and

C. That can be removed from the expedited permitting area without compromising fulfillment of the State's policy regarding wind energy pursuant to section 3404, subsection 1.

Rules adopted under this section to establish the process for removing a specific location from the expedited permitting area are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 2. PL 2007, c. 661, Pt. C, §6, first paragraph is amended to read:

Sec. C-6. Expedited permitting area designation; permitted use. No later than September 1, 2008, the Maine Land Use Regulation Planning Commission shall adopt a rule listing the following specific places within the State's unorganized and deorganized areas, which comprise the expedited permitting area for purposes of this Act, except that the commission may subsequently add additional or remove areas to this list by rule in the manner provided by this Act in accordance with the Maine Revised Statutes, Title 35-A, chapter 34-A:

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

CONSERVATION, DEPARTMENT OF

Land Use Planning Commission 0236

Initiative: Provides one-time funding for rule-making costs including room rental, mileage, advertising and legal review by the Attorney General's Office.

GENERAL FUND 2013-14 2014-15

All Other
$10,301 $0

inline graphic sline.gif

GENERAL FUND TOTAL $10,301 $0

Land Use Planning Commission 0236

Initiative: Provides funding for one limited period quarter-time Senior Planner position to process requests for removal of locations from the expedited permitting area.

GENERAL FUND 2013-14 2014-15

Personal Services
$18,449 $19,627

inline graphic sline.gif

GENERAL FUND TOTAL $18,449 $19,627

CONSERVATION, DEPARTMENT OF

DEPARTMENT TOTALS 2013-14 2014-15

GENERAL FUND
$28,750 $19,627

inline graphic sline.gif

DEPARTMENT TOTAL - ALL FUNDS $28,750 $19,627

’

summary

This amendment, which is the minority report of the committee, replaces the bill. It requires the Maine Land Use Planning Commission to adopt major substantive rules to establish a process to remove a specific location from the expedited permitting area for certain wind energy development under the Maine Revised Statutes, Title 35-A, chapter 34-A. It specifies that the process must include a petition and limits the removal to places that are adjacent to locations that are not within the expedited permitting area and requires that the removal of the place not compromise the fulfillment of the State's wind energy policies. The amendment also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED

(See attached)

HP0435 LD 616	Session - 126th Maine Legislature C "B", Filing Number H-528, Sponsored by		LR 1088 Item 3
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GENERAL FUND	2013-14	2014-15
All Other	$10,301	$0

GENERAL FUND TOTAL	$10,301	$0

CONSERVATION, DEPARTMENT OF
DEPARTMENT TOTALS	2013-14	2014-15

GENERAL FUND	$28,750	$19,627

DEPARTMENT TOTAL - ALL FUNDS	$28,750	$19,627