Amend the bill in section 5 in subsection 20 in the 2nd line (page 2, line 28 in L.D.) by inserting after the following: " have been" the following: ' agreed to by the owner of the land within the delineated area and'
Amend the bill by striking out all of section 7 and inserting the following:
‘Sec. 7. 12 MRSA §683-A is enacted to read:
The Maine Land Use Planning Commission, as established by Title 5, section 12004-D, subsection 1-A to carry out the purposes stated in section 681, is created within the Department of Conservation and in this chapter called "the commission." The commission is charged with implementing this chapter. The commission consists of 9 members, nominated in accordance with subsections 1 and 2. All nominations under this section are subject to review by the joint standing committee of the Legislature having jurisdiction over conservation matters and to confirmation by the Senate.
Amend the bill in section 11 in subsection 4 by striking out all of the last blocked paragraph (page 6, lines 1 to 3 in L.D.)
Amend the bill by striking out all of section 12 and inserting the following:
‘Sec. 12. 12 MRSA §685-A, sub-§4-A is enacted to read:
Amend the bill by striking out all of section 13.
Amend the bill by striking out all of sections 15 to 17.
Amend the bill in section 18 by striking out all of paragraph B and inserting the following:
‘B. A Except for projects that are located in a planned subdistrict that was approved or accepted by the commission for processing prior to September 1, 2012, a permit is not required for those aspects of a project approved by the Department of Environmental Protection under Title 38 if the commission determines that the project is an allowed use within the subdistrict or subdistricts for which it is proposed. Notice of the intent to develop and a map indicating the location of the proposed development must be filed with the commission prior to or concurrently with submission of a development application to the Department of Environmental Protection; ’
Amend the bill by inserting after section 18 the following:
‘Sec. 19. 12 MRSA §685-B, sub-§1-A, ¶B-1 is enacted to read:
B-1. Except for projects that are located in a planned subdistrict that was approved or accepted by the commission for processing prior to September 1, 2012, a permit from the commission is not required for a development of state or regional significance that may substantially affect the environment as defined in Title 38, section 482, subsection 2. A project meeting that definition is reviewed under Title 38, section 489-A-1. A person submitting a development proposal to the Department of Environmental Protection under Title 38, section 489-A-1 shall file a notice of the intent to develop and a map indicating the location of the proposed development with the commission prior to or concurrently with submission of a development application to the Department of Environmental Protection. The Department of Environmental Protection must receive certification from the commission that the proposed development is an allowed use within the subdistrict or subdistricts for which it is proposed and the proposed development meets any land use standard established by the commission that is not considered in the department's review under Title 38, section 489-A-1, subsection 1 before issuing a permit. Nothing in this subsection may be construed as prohibiting the commission from enforcing the land use standards certified to the Department of Environmental Protection under this paragraph.’
Amend the bill in section 19 in subsection 1-C in the 5th line (page 9, line 10 in L.D.) by striking out the following: " a review of that decision by" and inserting the following: ' appeal that decision to'
Amend the bill in section 19 in subsection 1-C in the 6th line (page 9, line 11 in L.D.) by striking out the following: " A request for such a review" and inserting the following: ' Such an appeal'
Amend the bill by striking out all of sections 20 and 21 and inserting the following:
‘Sec. 20. 12 MRSA §685-B, sub-§2-C, as amended by PL 2009, c. 615, Pt. D, §3, is repealed and the following enacted in its place:
Sec. 21. 12 MRSA §685-B, sub-§3-A, as enacted by PL 1999, c. 333, §15, is amended to read:
Sec. 22. 12 MRSA §685-B, sub-§4, as amended by PL 2009, c. 615, Pt. D, §4, is further amended to read:
Amend the bill by striking out all of section 26.
Amend the bill in section 28 in §689 in the first paragraph by striking out all of the last sentence (page 16, lines 1 to 3 in L.D.)
Amend the bill by striking out all of sections 29, 30 and 31.
Amend the bill in section 32 in subsection 8 in paragraph B in the last line (page 16, line 35 in L.D.) by inserting after the following: " subsection 19" the following: ' 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'
Amend the bill by inserting after section 32 the following:
‘Sec. 33. 35-A MRSA §3454, first ¶, as enacted by PL 2007, c. 661, Pt. A, §7, is amended to read:
In making findings pursuant to Title 12, section 685-B, subsection 4 or Title 38, section 484, subsection 3, the primary siting authority shall presume that an expedited wind energy development provides energy and emissions-related benefits described in section 3402 and shall make additional findings regarding other tangible benefits provided by the development. The Department of Labor, the Executive Department, State Planning Office and the Public Utilities Commission shall provide review comments if requested by the primary siting authority.
Sec. 34. 35-A MRSA §3454, sub-§2, as enacted by PL 2009, c. 642, Pt. A, §7, is amended to read:
Sec. 35. 35-A MRSA §3456, sub-§1, as enacted by PL 2007, c. 661, Pt. A, §7, is amended to read:
Sec. 36. 38 MRSA §480-E-1, sub-§4 is enacted to read:
Amend the bill by striking out all of sections 34 and 35 and inserting the following:
‘Sec. 34. 38 MRSA §488, sub-§9-A is enacted to read:
Sec. 35. 38 MRSA §489-A-1 is enacted to read:
Violation and enforcement provisions in chapter 2, subchapter 1 apply to development reviewed by the department under this section.
Sec. 36. Directive to initiate prospective zoning. The Maine Land Use Planning Commission shall initiate prospective zoning in the unorganized and deorganized areas of the State. The commission shall allocate staff resources to prospective zoning in areas prioritized by the commission and shall coordinate prospective zoning in cooperation with efforts of local planning organizations and regional planning and development districts. In the 2013 annual report submitted under the Maine Revised Statutes, Title 12, section 685-H, the commission shall identify the area or areas for which prospective zoning has begun and provide a timeline for completion of these initiatives.
Sec. 37. Directive to provide opportunities for preapplication discussions. The Maine Land Use Planning Commission shall establish a process by which an applicant can request a public preapplication meeting with the commissioners to discuss a proposed project.
Sec. 38. Designation of planned subdistricts. The term "planned subdistrict" as defined in the Maine Revised Statutes, Title 12, section 682, subsection 20 and used in Title 12, chapter 206-A includes, but is not limited to, the following concept plans, resources protection plans and planned development districts approved or accepted for processing by the Maine Land Use Regulation Commission as of March 16, 2012:
Planned subdistricts in Maine Land Use Regulation Commission jurisdiction as of March 16, 2012: Includes Resource Protection Plans (P-RP), Concept Plans (P-RP), and Planned Development Subdistricts (D-PD). Plan and permit numbers are provided. |
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Project |
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P-RP Resource Protection Plan |
P-RP
Concept Plan |
D-PD
Planned Development Subdistrict |
Dix Island Resource Plan
(Multiple landowners) |
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Plan #001
ZP 089
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Hewett Island Resource Plan
(Multiple landowners) |
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Plan #002
ZP 057
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St. John River Resource Plan
(Multiple landowners) |
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Plan #004
ZP 224 |
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White Mountain National Forest Resource Plan (U.S. Forest Service) |
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Plan #005
ZP 155
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Metinic Island Resource Plan - North Half
(Multiple landowners) |
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Plan #006
ZP 531
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Attean Twp. and Dennistown Plt. Concept Plan (Lowell & Co. Timber Associates) |
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Plan #007
ZP 532
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Metinic Island Resource Plan - South Half
(Multiple landowners) |
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Plan #008
ZP 578
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First Roach Pond Concept Plan (Plum Creek Land Co.) |
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Plan #009
ZP 659
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Penobscot River Resource Plan - Lower West Branch (Multiple landowners) |
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Plan #011
ZP 671
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Brassua Lake Concept Plan (Moosehead Wildlands, Inc.) |
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Plan #012
ZP 682
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Foss Pond, Hilton Ponds and portions of Whetstone Pond Concept Plan (Kingsbury Plt.) (Linkletter & Sons, Inc.) |
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Plan #013
ZP 693
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Moosehead Lake Region Concept Plan (Plum Creek Maine Timberlands, LLC and Plum Creek Land Co.) |
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Plan #014
ZP 707
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Kibby Wind Power Project (TransCanada Maine Wind Development, Inc.) |
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ZP 709
DP 4794 |
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Stetson Wind Power Project (Evergreen Wind Power V, LLC/First Wind) |
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ZP 713
DP 4788
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Saddleback Ski Resort (Saddleback Land & Timber Corp.) |
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ZP 372
DP 4131
|
’
Amend the bill in section 36 by striking out all of subsection 1 (page 17, lines 38 to 40 and page 18, lines 1 to 9 in L.D.) and inserting the following:
‘1. The members of the Maine Land Use Regulation Commission serving on the effective date of this Act continue as members of the Maine Land Use Planning Commission until the expiration of their terms under the Maine Revised Statutes, former Title 12, section 683. The term of any member that expires after the effective date of this Act but before December 15, 2012 is extended until December 15, 2012. To implement the difference in the number of members of the Maine Land Use Regulation Commission and the Maine Land Use Planning Commission, beginning December 15, 2012, 2 additional members must be nominated under Title 12, section 683-A from the 2 counties with the highest acreage of unorganized and deorganized areas. When the term of a member serving on the commission under former Title 12, section 683 expires, a member must be nominated from the county with the next highest acreage of unorganized and deorganized areas until all 6 county nominations have been completed. When all county positions have been nominated, the next vacancy must be filled by the nomination of the member nominated by the Governor. Notwithstanding Title 12, section 684, until 9 members have been confirmed as members of the commission, a quorum of the commission for the transaction of business is 4 and no action may be taken by the commission unless approved by a vote of 4 members.’
Amend the bill in section 36 in subsection 8 in the 3rd line (page 18, line 38 in L.D.) by striking out the following: "and in effect"
Amend the bill in section 36 in subsection 8 in the 2nd line from the end (page 19, line 1 in L.D.) by striking out the following: "routine technical" and inserting the following: 'major substantive'
Amend the bill by striking out all of sections 37 and 38 and inserting the following:
‘Sec. 37. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Maine Land Use Regulation Commission" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Maine Land Use Planning Commission" or "commission," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 38. Appropriations and allocations. The following appropriations and allocations are made.
CONSERVATION, DEPARTMENT OF
Land Use Regulation Commission 0236
Initiative: Transfers 2 Environmental Specialist III positions from the Land Use Regulation Commission program in the Department of Conservation to the Land and Water Quality program in the Department of Environmental Protection effective November 1, 2012. Also transfers All Other related to these positions.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
(2.000) |
Personal Services
|
$0 |
($98,079) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
$0 |
($98,079) |
Office of the Commissioner 0222
Initiative: Transfers 2 Environmental Specialist III positions from the Land Use Regulation Commission program in the Department of Conservation to the Land and Water Quality program in the Department of Environmental Protection effective November 1, 2012. Also transfers All Other related to these positions.
GENERAL FUND |
2011-12 |
2012-13 |
All Other
|
$0 |
($2,323) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
$0 |
($2,323) |
OTHER SPECIAL REVENUE FUNDS |
2011-12 |
2012-13 |
All Other
|
$0 |
($410) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
OTHER SPECIAL REVENUE FUNDS TOTAL |
$0 |
($410) |
CONSERVATION, DEPARTMENT OF |
|
|
DEPARTMENT TOTALS |
2011-12 |
2012-13 |
|
|
|
GENERAL FUND
|
$0 |
($100,402) |
OTHER SPECIAL REVENUE FUNDS
|
$0 |
($410) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
DEPARTMENT TOTAL - ALL FUNDS |
$0 |
($100,812) |
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Administration - Environmental Protection 0251
Initiative: Transfers 2 Environmental Specialist III positions from the Land Use Regulation Commission program in the Department of Conservation to the Land and Water Quality program in the Department of Environmental Protection effective November 1, 2012. Also transfers All Other related to these positions.
GENERAL FUND |
2011-12 |
2012-13 |
All Other
|
$0 |
$1,222 |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
$0 |
$1,222 |
OTHER SPECIAL REVENUE FUNDS |
2011-12 |
2012-13 |
All Other
|
$0 |
$963 |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
OTHER SPECIAL REVENUE FUNDS TOTAL |
$0 |
$963 |
Land and Water Quality 0248
Initiative: Transfers 2 Environmental Specialist III positions from the Land Use Regulation Commission program in the Department of Conservation to the Land and Water Quality program in the Department of Environmental Protection effective November 1, 2012. Also transfers All Other related to these positions.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
2.000 |
Personal Services
|
$0 |
$97,663 |
All Other
|
$0 |
$1,101 |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
$0 |
$98,764 |
ENVIRONMENTAL PROTECTION, DEPARTMENT OF |
|
|
DEPARTMENT TOTALS |
2011-12 |
2012-13 |
|
|
|
GENERAL FUND
|
$0 |
$99,986 |
OTHER SPECIAL REVENUE FUNDS
|
$0 |
$963 |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
DEPARTMENT TOTAL - ALL FUNDS |
$0 |
$100,949 |
SECTION TOTALS |
2011-12 |
2012-13 |
|
|
|
GENERAL FUND
|
$0 |
($416) |
OTHER SPECIAL REVENUE FUNDS
|
$0 |
$553 |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
SECTION TOTAL - ALL FUNDS |
$0 |
$137 |
Sec. 39. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 38, section 488, subsection 9 and enact Title 38, section 480-E-1, subsection 4, Title 38, section 488, subsection 9-A and Title 38, section 489-A-1 take effect August 1, 2012.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment removes the provisions for a county to assume authority for land use planning and regulation for the unorganized and deorganized areas of that county. This amendment increases the number of county nominees to the Maine Land Use Planning Commission to 8 and requires all members to be confirmed by the Senate. It includes a provision for the Governor to make a nomination if a county does not make a nomination within 90 business days of that county's being eligible to make a nomination. It requires county nominees to meet certain qualifications. It specifies that county representatives may not be nominated before December 15, 2012.
It specifies that the Maine Land Use Planning Commission retains jurisdiction over a planned subdistrict if a municipality or plantation in which the planned subdistrict is located assumes authority for land use planning and regulation unless the owner of the land delineated as a planned subdistrict agrees to the transfer of authority.
It clarifies which projects will be reviewed and permitted by the Department of Environmental Protection. It clarifies that the Maine Land Use Planning Commission must receive certification from the Department of Environmental Protection prior to permitting non-grid-scale wind energy development. It clarifies that certification from the Maine Land Use Planning Commission is needed prior to the Department of Environmental Protection's issuing permits under the site location of development laws. The Maine Land Use Planning Commission retains responsibility for the review and permitting of projects that would otherwise be reviewed by the Department of Environmental Protection under the site location of development laws in planned subdistricts approved or accepted for review prior to September 1, 2012.
It adds a section of unallocated law that directs the Maine Land Use Planning Commission to establish a process by which a landowner can request a preapplication meeting to discuss a potential project with the commission and a section directing the Maine Land Use Planning Commission to initiate prospective zoning and to provide information on the process of zoning in its January 2013 report. It lists in unallocated law all planned subdistricts that have been approved and proposals for planned subdistricts that have been accepted for processing as of March 16, 2012. It adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)