HP0435, LD 616, item 2, 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 areas from the expedited permitting area

The Maine Land Use Planning Commission shall adopt rules governing the removal of a specific location in the State's unorganized or deorganized areas from the expedited permitting area in accordance with this section.

1. Requirements. Rules adopted under this section must include, but are not limited to, provisions that:

A. Establish a process for requesting the removal of a specific location from the expedited permitting area;

B. Assess the preference of the majority of persons living in the specific location proposed for removal and incorporate consideration of that preference into the criteria developed pursuant to paragraph H;

C. Establish criteria to determine if a person lives in the specific location proposed for removal;

D. Establish the criteria for determining the boundaries of a specific location;

E. Require that before the removal of a specific location from the expedited permitting area a public meeting be held at which residents and landowners within the specific location and other persons are permitted to speak;

F. Require adequate public notice of the public meeting to those residents and landowners within the specific location;

G. Establish the process by which the Maine Land Use Planning Commission will make its decision regarding the removal of a specific location from the expedited permitting area; and

H. Establish criteria to be considered by the Maine Land Use Planning Commission when determining whether a specific location will be removed from the expedited permitting area.

2. Exception. Notwithstanding Title 5, chapter 375, the Maine Land Use Planning Commission may by rule establish appropriate time frames for processing a request for a specific location to be removed from the expedited permitting area.

3. Limitation. The Maine Land Use Planning Commission may not accept a request to remove a specific location from the expedited permitting area after 2 years following the first time the rules under this section are finally adopted. This subsection does not limit the time frames established by the commission under subsection 2 for the processing of a request filed within the allowable 2-year period.

Rules adopted under this section to establish the procedure and review criteria for removing a specific location from the expedited permitting area are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A; subsequent rules adopted under this section to remove specific locations from the expedited permitting area are routine technical 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. Rulemaking. The Maine Land Use Planning Commission must submit the provisionally adopted rules required pursuant to this Act to the Second Regular Session of the 126th Legislature for review by the Joint Standing Committee on Energy, Utilities and Technology.

Sec. 4. Transition. A person, referred to in this section as "lead petitioner," representing one of the following specific locations: Carrying Place Twp., 25860; Concord Twp., 25818; Highland Plt., 25150; Lexington Twp., 25831; and Pleasant Ridge Plt., 25250 may submit not later than January 15, 2014 a letter of intent to the Maine Land Use Planning Commission and the Department of Environmental Protection for a township or plantation under this section to be removed from the expedited permitting area in its entirety. The Department of Environmental Protection may only accept submission of an application for a permit for an expedited wind energy development as defined in the Maine Revised Statutes, Title 35-A, section 3451, subsection 4 in the township or plantation identified in the letter of intent as follows.

1. Submission of petition. If, within 60 days of the submission of a letter of intent for a township or plantation to be removed from the expedited permitting area, a lead petitioner collects a number of signatures from registered voters within that township or plantation supporting the removal from the expedited permitting area that represents a majority of the registered voters in that township or plantation at the time the petition is circulated and submits the petition to the Maine Land Use Planning Commission, the Department of Environmental Protection may not accept submission of an application for a permit for an expedited wind energy development in that township or plantation.

2. Submission of request for removal. If, within 90 days after final adoption of the rules under Title 35-A, section 3453-A, a lead petitioner submits a request in accordance with those rules for removal of a township or plantation from the expedited permitting area, the Department of Environmental Protection may not accept submission of an application for a permit for an expedited wind energy development in that township or plantation until the Maine Land Use Planning Commission takes final action on the request for removal of that township or plantation in the manner established in the rules adopted under Title 35-A, section 3453-A.

The Department of Environmental Protection may accept submission of an application for a permit for an expedited wind energy development as defined in Title 35-A, section 3451, subsection 4 in the township or plantation identified in the letter of intent if the conditions of subsection 1 and subsection 2 are not met or if the Maine Land Use Planning Commission rejects in accordance with the rules established under Title 35-A, section 3453-A the request for the removal of the township or plantation from the expedited permitting area.

Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.

CONSERVATION, DEPARTMENT OF

Land Use Planning Commission 0236

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

GENERAL FUND 2013-14 2014-15

Personal Services
$36,899 $39,254

inline graphic sline.gif

GENERAL FUND TOTAL $36,899 $39,254

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

CONSERVATION, DEPARTMENT OF

DEPARTMENT TOTALS 2013-14 2014-15

GENERAL FUND
$47,200 $39,254

inline graphic sline.gif

DEPARTMENT TOTAL - ALL FUNDS $47,200 $39,254

’

summary

This amendment, which is the majority report of the committee, 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. This amendment prohibits the Department of Environmental Protection from accepting an application for a permit for an expedited wind energy development under certain circumstances in Carrying Place Township, Concord Township, Highland Plantation, Lexington Township and Pleasant Ridge Plantation until after the process for removal of a specified place from the expedited permitting area is established by the Maine Land Use Planning Commission. The amendment adds an appropriations and allocations section.

FISCAL NOTE REQUIRED

(See attached)

HP0435 LD 616	Session - 126th Maine Legislature C "A", Filing Number H-527, Sponsored by		LR 1088 Item 2
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GENERAL FUND	2013-14	2014-15
Personal Services	$36,899	$39,254

GENERAL FUND TOTAL	$36,899	$39,254

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

GENERAL FUND	$47,200	$39,254

DEPARTMENT TOTAL - ALL FUNDS	$47,200	$39,254