An Act To Amend the Laws Governing Wind Energy Development Permitting

Sec. 1. 12 MRSA §685-A, sub-§13,  as enacted by PL 2007, c. 661, Pt. C, §1, is amended to read:

Sec. 2. 35-A MRSA §3453,  as enacted by PL 2007, c. 661, Pt. A, §7 and amended by PL 2011, c. 682, §38, is repealed.

Sec. 3. 35-A MRSA §§3453-A and 3453-B  are enacted to read:

§ 3453-A.  Addition of specific locations to the designated wind energy permitting area

The Maine Land Use Planning Commission may, by rule, add a specified place to the designated wind energy permitting area in accordance with this section and rules adopted by the Maine Land Use Planning Commission pursuant to this section. In order to add a specified place to the designated wind energy permitting area, the Maine Land Use Planning Commission must receive a petition that contains the written consent of the owner or owners of the land proposed for addition.

Rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

§ 3453-B.  Removal of specific locations from the designated wind energy permitting area

The Maine Land Use Planning Commission may, by rule, remove a specified place from the designated wind energy permitting area in accordance with this section and rules adopted by the Maine Land Use Planning Commission pursuant to this section. In order to remove a specified place from the designated wind energy permitting area, the Maine Land Use Planning Commission must receive a petition that contains the written consent of the owner or owners of the land proposed for removal.

Rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 4. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 35-A, chapter 34-A, in the chapter headnote, the words "expedited permitting of grid-scale wind energy development" are amended to read "permitting of grid-scale wind energy development," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. 5. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "expedited permitting area" appear, they are amended to read "designated wind energy permitting area," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. 6. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "expedited wind energy development" appear, they are amended to read "designated wind energy development," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

SUMMARY

This bill amends the laws governing the expedited permitting of grid-scale wind energy development by changing the terms "expedited permitting area" and "expedited wind energy development" to "designated wind energy permitting area" and "designated wind energy development," respectively. The bill authorizes the Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission to add specified places to or remove specified places from the designated wind energy permitting area only if the commission receives the written consent of the owner or owners of the land proposed for addition or removal. It also repeals the current provision of law governing additions to the area.