An Act To Restore the Uniform Visual Permitting Standard for Wind Power Projects
Sec. 1. 12 MRSA §685-B, sub-§4, ¶C, as amended by PL 2009, c. 615, Pt. D, §4, is further amended to read:
In making a determination under this paragraph regarding an expedited wind energy development, as defined in Title 35-A, section 3451, subsection 4, or a community-based offshore wind energy project, the commission shall consider the development's or project's effects on scenic character and existing uses related to scenic character in accordance with Title 35-A, section 3452.
In making a determination under this paragraph regarding a wind energy development, as defined in Title 35-A, section 3451, subsection 11, that is not a grid-scale wind energy development, that has a generating capacity of 100 kilowatts or greater and that is proposed for location within the expedited permitting area, the commission shall consider the development's or project's effects on scenic character and existing uses relating to scenic character in the manner provided for in Title 35-A, section 3452;
Sec. 2. 12 MRSA §1868, sub-§1, ¶A, as enacted by PL 2009, c. 270, Pt. C, §1, is amended to read:
Sec. 3. 35-A MRSA §3402, sub-§2, ¶A, as enacted by PL 2007, c. 661, Pt. A, §5, is amended to read:
Sec. 4. 35-A MRSA §3402, sub-§2, ¶B, as enacted by PL 2007, c. 661, Pt. A, §5, is amended to read:
Sec. 5. 35-A MRSA §3402, sub-§2, ¶C, as enacted by PL 2007, c. 661, Pt. A, §5, is repealed.
Sec. 6. 35-A MRSA §3451, sub-§9, as enacted by PL 2007, c. 661, Pt. A, §7, is repealed.
Sec. 7. 35-A MRSA §3452, as enacted by PL 2007, c. 661, Pt. A, §7, is repealed.
Sec. 8. 35-A MRSA §3457, as enacted by PL 2007, c. 661, Pt. A, §7, is repealed.
Sec. 9. 38 MRSA §480-D, sub-§1, as amended by PL 2009, c. 615, Pt. E, §8, is further amended to read:
In making a determination under this subsection regarding an expedited wind energy development, as defined in Title 35-A, section 3451, subsection 4, or an offshore wind power project, the department shall consider the development's or project's effects on scenic character and existing uses related to scenic character in accordance with Title 35-A, section 3452. In making a decision under this subsection regarding an application for an offshore wind power project, the department may not consider whether the project meets the specific criteria designated in Title 12, section 1862, subsection 2, paragraph A, subparagraph (6), divisions (a) to (d). This limitation is not intended to restrict the department's review of related potential impacts of the project as determined by the department.
Sec. 10. 38 MRSA §484, sub-§3, ¶G, as amended by PL 2009, c. 615, Pt. E, §17, is repealed.
summary
This bill eliminates specific visual permitting standards for wind energy development to provide that wind energy developments are subject to the same visual permitting standards as other developments.