HP0435, LD 616, item 5, Document Text

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

‘Sec. 1. 12 MRSA §685-B, sub-§1-A, ¶B-1, as corrected by RR 2011, c. 2, §9, is amended 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. The commission may not certify that a proposed expedited wind energy development as defined in Title 35-A, section 3451, subsection 4 within the expedited permitting area as defined in Title 35-A, section 3451, subsection 3 is an allowed use if a petition is pending under Title 35-A, section 3453-A. 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;

Sec. 2. 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 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. 3. 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. 4. 35-A MRSA §3453-A is enacted to read:

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

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Location" means, within the unorganized and deorganized areas:

(1) Any individual township, plantation or municipality located in the expedited permitting area; or

(2) If the township, plantation or municipality in its entirety is not within the expedited permitting area, that portion of the township, plantation or municipality that is within the expedited permitting area.

2. Removal from expedited permitting area. The Maine Land Use Planning Commission may by rule adopted in accordance with Title 5, chapter 375 remove a location from the expedited permitting area in accordance with the procedures adopted pursuant to subsection 3, except that, notwithstanding Title 5, chapter 375, the Maine Land Use Planning Commission is not required to meet the requirements of Title 5, sections 8053-A and 8060.

3. Maine Land Use Planning Commission to adopt rules governing removal; requirements. The Maine Land Use Planning Commission shall adopt rules governing the procedure for removing a location from the expedited permitting area. Rules adopted pursuant to this subsection must include provisions that:

A. Notwithstanding Title 5, section 8055, establish a process for petitioning for the removal of a location from the expedited permitting area. The rules must require that the petition:

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

(2) Be signed by registered voters legally residing in the location named in the petition;

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

(4) Include a notarized letter from the person submitting the petition stating the following:

(a) The person submitting the petition is a resident of the location for which the petition is being submitted;

(b) The information contained within the petition is accurate to the best of the knowledge of the person submitting the petition; and

(c) The petition signatures have been certified by an appropriate authority to be signatures of legal registered voters residing in the location named in the petition;

B. Require a public hearing on the petition under paragraph A at which supporters and opponents of the removal of the location from the expedited permitting area are permitted to speak. Speakers at the public hearing are not required to be residents of the location;

C. Notwithstanding Title 5, chapter 375, establish appropriate time frames for conducting rulemaking for the removal of a location from the expedited permitting area;

D. Provide that, after a hearing held in accordance with paragraph B, the Maine Land Use Planning Commission must remove a location from the expedited permitting area upon finding that the requirements of paragraph A have been met and that, based upon substantial evidence on the record, removing the location from the expedited permitting area will not have an unreasonable and significant impact on the State's ability to meet the state goals for wind energy development under section 3404, subsection 2, paragraph C in effect on January 1, 2014;

E. Provide that the Maine Land Use Planning Commission may not accept a petition under paragraph A to remove a location from the expedited permitting area later than 2 years following the date on which the rules under this subsection are finally adopted; and

F. Provide that a petition under this subsection is considered pending if the Maine Land Use Planning Commission has received in its office a petition that meets the requirements of paragraph A and the commission has not yet taken action on the petition in accordance with paragraph D.

4. Rulemaking. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 5. 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 areas to this list or remove areas from 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. 6. Appropriations and allocations. The following appropriations and allocations are made.

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Maine Land Use Planning Commission Z236

Initiative: Provides funding in fiscal year 2014-15 for costs associated with rulemaking and the petition process of a township, plantation or municipality seeking to be removed from the expedited permitting area.

GENERAL FUND 2013-14 2014-15

All Other
$0 $9,644

inline graphic sline.gif

GENERAL FUND TOTAL $0 $9,644

Maine Land Use Planning Commission Z236

Initiative: Provides funding for a half-time Planning and Research Associate II position effective April 6, 2015 and ending March 31, 2017 for assisting in the petition process of a township, plantation or municipality seeking to be removed from the expedited permitting area.

GENERAL FUND 2013-14 2014-15

Personal Services
$0 $9,300

inline graphic sline.gif

GENERAL FUND TOTAL $0 $9,300

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

DEPARTMENT TOTALS 2013-14 2014-15

GENERAL FUND
$0 $18,944

inline graphic sline.gif

DEPARTMENT TOTAL - ALL FUNDS $0 $18,944

’

summary

This amendment is the majority report of the Joint Standing Committee on Energy, Utilities and Technology. This amendment replaces the bill. This amendment directs the Maine Land Use Planning Commission to adopt rules that govern the rule-making process for removing locations from the expedited permitting area. This amendment authorizes the Maine Land Use Planning Commission to remove locations from the expedited permitting area through rulemaking and exempts that rulemaking from the requirements concerning notice to the Legislature and inclusion in the regulatory agenda. This amendment prohibits the Maine Land Use Planning Commission from certifying that an expedited wind energy development is an allowable use in a location for which a petition is pending for removal from the expedited permitting area. The amendment also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED

(See attached)

HP0435 LD 616	Session - 126th Maine Legislature C "C", Filing Number H-638, Sponsored by		LR 1088 Item 5
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GENERAL FUND	2013-14	2014-15
All Other	$0	$9,644

GENERAL FUND TOTAL	$0	$9,644

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
DEPARTMENT TOTALS	2013-14	2014-15

GENERAL FUND	$0	$18,944

DEPARTMENT TOTAL - ALL FUNDS	$0	$18,944