LD 2174 - A Bill that Erodes Home Rule

All Ordinances regarding wind, solar, battery storage, and transmission lines would be Made Void

Tanya Blanchard Feb 22

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I just learned that a bill scheduled for public hearing on Wednesday, February 25 will, if passed, make all ordinances regarding solar energy, wind energy, energy storage, and high-impact transmission lines null and void.

The bill language available online is, once again, outdated. This is a huge problem, but one we don’t have time to address today. The sponsor of the bill, Representative Kessler, forwarded the latest amended language to me. It is available to download here:

https://substackcdn.com/image/fetch/$s_!0Cy0!,w_32,h_32,c_fill,f_auto,q_auto:good,fl_progressive:steep,g_auto/https%3A%2F%2Fsubstack.com%2Fimg%2Fattachment_icon.svg" class="CToWUd" data-bit="iit" jslog="138226; u014N:xr6bB; 53:WzAsMl0." />	Ld 2174 Sponsor's Amendment 247KB ∙ PDF file
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There’s a lot happening with this bill, including modifications to law that would streamline permitting, amends laws that protect agricultural soils, and makes it impossible for local towns to control how energy infrastructure is built. While the other changes warrant review and discussion, the sections regarding home rule is the focus for this article.

I’ve said it before, and I’ll say it again, I’m not an attorney. I’m still reading through the bill to understand all the limitations and implications, but given that this bill came to my attention only days after publishing an article and video on Home Rule and ordinances and their importance, it hits pretty hard to think that all the work done by municipal select boards, planning boards, volunteer committees, money paid to attorneys to make sure ordinances were sound and legal, town votes, etc., all that time, effort, and money is now voided with the stroke of a pen.

I do want to note that this bill came to my attention with a phone call from the sponsor, Representative Chris Kessler. He certainly was under no obligation to make sure we’re aware of the bill, and certainly didn’t need to take time out of his Sunday morning to call me to discuss it. He knows that I’ll be testifying in opposition to the bill, but he is also happy to consider any ideas we can bring forth to lessen the sting of revoking ordinances, especially as voiding ordinances will ease the way for infrastructure to be built in rural areas, in our forests, in our fields, next to our homes.

Representative Kessler is trying to do what he considers to be a good thing in an effort to make electricity more affordable and I respect that even if I completely disagree with the path he’s taking. Even in this time of extreme political divide, I hope we can discuss the implications of the bill and brainstorm some amendments without spiraling into hostility. I’ll write a follow up article in the next day or two with any ideas put forth. Please share your constructive thoughts in a comment here or in an email. And please forward this article to anyone you know who should be aware of this bill - Agricultural groups, Town Select Boards, Municipal Attorneys, Planning Boards, anyone who values the beauty and independence of local control in Maine.

The public hearing for the bill will be Wednesday, 2/25 at 1:00 with the Environment and Natural Resource Committee, Room 216. Testimony can be submitted online, delivered in person, or via zoom if you register to do so in advance. You may also want to reach out to your Senator and Representative to inform them about this bill. They will be given a special chance to speak on the bill at the public hearing.