public hearing on proposed bill concerning wind power and tangible benefits

SP 582, LD 1504 An Act To Require That Expedited Wind Energy Development Projects Provide a Tangible Benefit to Maine Ratepayers in the Form of Discounts to Future Electric Rat... Jan 19, 2010, 0100PM Cross Office Building, Room 211 public hearing

SP0582, LD 1504, item 1, 124th Maine State Legislature
An Act To Require That Expedited Wind Energy Development Projects Provide a
Tangible Benefit to Maine Ratepayers in the Form of Discounts to Future Electric Rates
SP0582, LR 2474, item 1, Second Regular Session - 124th Maine Legislature, page 1
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An Act To Require That Expedited Wind Energy Development
Projects Provide a Tangible Benefit to Maine Ratepayers
in the Form of Discounts to Future Electric Rates
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §685-B, sub-§4-B, as enacted by PL 2007, c. 661, Pt. C, §4, is amended
to read:
4-B. Special provisions; wind energy development. In the case of a wind energy
development, as defined in Title 35-A, section 3451, subsection 11, with a generating capacity greater
than 100 kilowatts, the developer must demonstrate, in addition to requirements under subsection 4, that
the proposed generating facilities, as defined in Title 35-A, section 3451, subsection 5:
A. Will meet the requirements of the Board of Environmental Protection's noise control rules adopted
pursuant to Title 38, chapter 3, subchapter 1, article 6;
B. Will be designed and sited to avoid undue adverse shadow flicker effects;
C. Will be constructed with setbacks adequate to protect public safety, as provided in Title 35-
A, section 3455. In making findings pursuant to this paragraph, the commission shall consider
the recommendation of a professional, licensed civil engineer as well as any applicable setback
recommended by a manufacturer of the generating facilities; and
D. Will provide significant tangible benefits, as defined in Title 35-A, section 3451, subsection 10,
within the State, as provided in Title 35-A, section 3454, if the development is an expedited wind
energy development, as defined in Title 35-A, section 3451, subsection 4.
E. If the development is an expedited wind energy development, will provide tangible benefits to
the State as determined pursuant to Title 35-A, section 3454, one of which must be that the applicant
demonstrate to the primary siting authority that the proposed generating facility will provide a
tangible benefit to ratepayers in the State in the form of a reduction in long-term electric rates.
For purposes of this subsection, "tangible benefits," "generating facility," "primary siting authority,"
"wind energy development" and "expedited wind energy development" have the same meanings as in
Title 35-A, section 3451.
Sec. 2. 35-A MRSA §3454, as enacted by PL 2007, c. 661, Pt. A, §7, is amended to read:
§ 3454.Determination of tangible benefits
In making findings pursuant to Title 12, section 685-B, subsection 4 or Title 38, section 484,
subsection 3, the primary siting authority shall presume that an expedited wind energy development
provides energy and emissions-related benefits described in section 3402 and shall make additional
SP0582, LD 1504, item 1, 124th Maine State Legislature
An Act To Require That Expedited Wind Energy Development Projects Provide a
Tangible Benefit to Maine Ratepayers in the Form of Discounts to Future Electric Rates
SP0582, LR 2474, item 1, Second Regular Session - 124th Maine Legislature, page 2
findings regarding other tangible benefits provided by the development. As provided in Title 12, section
685-B, subsection 4-B, paragraph E and Title 38, section 484, subsection 10, paragraph D, the primary
siting authority may not approve a proposed expedited wind energy development unless the applicant
demonstrates to the primary siting authority that the proposed generating facility will provide a tangible
benefit to ratepayers in the State in the form of a reduction in long-term electric rates. The Department
of Labor, the Executive Department, State Planning Office and the Public Utilities Commission shall
provide review comments if requested by the primary siting authority.
Sec. 3. 38 MRSA §484, sub-§10, ¶C, as enacted by PL 2007, c. 661, Pt. B, §12, is repealed.
Sec. 4. 38 MRSA §484, sub-§10, ¶D is enacted to read:
D. If the development is an expedited wind energy development, will provide tangible benefits to
the State as determined pursuant to Title 35-A, section 3454, one of which must be that the applicant
demonstrate to the primary siting authority that the proposed generating facility will provide a
tangible benefit to ratepayers in the State in the form of a reduction in long-term electric rates.
SUMMARY
This bill requires that proposals for expedited wind energy development projects must, in addition
to current applicable criteria, demonstrate to the siting authority that the proposed generating facility will
provide a tangible benefit to Maine ratepayers in the form of a reduction in long-term electric rates.