Sec. 1. 38 MRSA §635-C is enacted to read:

§635-C.__Local approval

1.__Authority to override department's decision.__A municipality in which a hydropower project is located may override the department's decision pursuant to section 635 at a town meeting specially called for this purpose if:

A.__The hydropower project was built prior to 1952;

B.__The hydropower project is or will be rebuilt to a height of 15 feet or less; and

C.__The hydropower project does not require a license from the Federal Energy Regulatory Commission or a federal exception for a hydropower project.

2.__Standards.__A project that is approved by a municipality pursuant to this section must meet all standards required by the department.

SUMMARY

This bill provides municipalities with the authority to override a decision made by the Department of Environmental Protection regarding construction or reconstruction of a hydropower project.