Maine Revised Statutes Title 35-A Sec. 3454 – Determination of tangible benefits; requirements
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In making findings pursuant to 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 findings regarding other tangible benefits provided by the development. The Department of Labor, the Governor’s Energy Office and the Public Utilities Commission shall provide review comments if requested by the primary siting authority. [PL 2021, c. 293, Pt. A, §47 (RPR).]
1. Documentation. As part of any permit application for an expedited wind energy development, the applicant shall include the following information regarding tangible benefits, except that the applicant may submit the information required under paragraph D as an addendum to the permit application during the period in which the application is pending:
A. Estimated jobs to be created statewide and in the host community or communities, as a result of construction, maintenance and operations of the project; [PL 2009, c. 642, Pt. A, §7 (NEW).]
B. Estimated annual generation of wind energy; [PL 2009, c. 642, Pt. A, §7 (NEW).]
C. Projected property tax payments; [PL 2009, c. 642, Pt. A, §7 (NEW).]
D. A description of the community benefits package, including but not limited to community benefit agreement payments, to be provided in accordance with the requirements of subsection 2; and [PL 2009, c. 642, Pt. A, §7 (NEW).]
E. Any other tangible benefits to be provided by the project. [PL 2009, c. 642, Pt. A, §7 (NEW).]
[PL 2009, c. 642, Pt. A, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 3454
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Community benefit agreement: means an agreement between the developer of an expedited wind energy development and a host community that involves payments by the developer to the host community to be utilized for public purposes, including, but not limited to, for property tax reductions, economic development projects, land and natural resource conservation, tourism promotion or reduction of energy costs, and that specifies in writing:
A. See Maine Revised Statutes Title 35-A Sec. 3451Community benefits package: means the aggregate collection of tangible benefits resulting from any of the following:
A. See Maine Revised Statutes Title 35-A Sec. 3451Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 35-A Sec. 3451 Expedited wind energy development: means a grid-scale wind energy development or a port facility necessary to the proper operation and maintenance of an offshore wind power project as defined in section 3401?A, subsection 15 that is proposed for location within an expedited permitting area. See Maine Revised Statutes Title 35-A Sec. 3451 Generating facilities: means wind turbines and towers and transmission lines, not including generator lead lines, that are immediately associated with the wind turbines. See Maine Revised Statutes Title 35-A Sec. 3451 Host community: means :
A. See Maine Revised Statutes Title 35-A Sec. 3451Primary siting authority: means :
A. See Maine Revised Statutes Title 35-A Sec. 3451Qualifying Band Trust Land: means Band Trust Land, as defined in the federal Aroostook Band of Micmacs Settlement Act, Public Law 102-171, 105 Stat. See Maine Revised Statutes Title 35-A Sec. 3451 Tangible benefits: means environmental or economic improvements or benefits to residents of this State attributable to the construction, operation and maintenance of an expedited wind energy development, including but not limited to: property tax payments resulting from the development; other payments to a host community, including, but not limited to, payments under a community benefit agreement; construction-related employment; local purchase of materials; employment in operations and maintenance; reduced property taxes; reduced electrical rates; land or natural resource conservation; performance of construction, operations and maintenance activities by trained, qualified and licensed workers in accordance with Title 32, chapter 17 and other applicable laws; or other comparable benefits, with particular attention to assurance of such benefits to the host community or communities to the extent practicable and affected neighboring communities. See Maine Revised Statutes Title 35-A Sec. 3451 Wind energy development: means a development that uses a windmill or wind turbine to convert wind energy to electrical energy for sale or use by a person other than the generator. See Maine Revised Statutes Title 35-A Sec. 3451 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Community benefits package requirement. Except as provided in subsection 3, to demonstrate that an expedited wind energy development provides significant tangible benefits as required in Title 38, section 484, subsection 10, the applicant for an expedited wind energy development is required to establish a community benefits package valued at no less than $4,000 per year per wind turbine included in the expedited wind energy development, averaged over a 20-year period. This subsection does not affect the property tax obligations of an expedited wind energy development.
[PL 2011, c. 682, §28 (AMD).]
3. Community benefits package requirement; exceptions. The community benefits package requirement under subsection 2:
A. Is waived for any expedited wind energy development that:
(1) Has an installed capacity of less than 20 megawatts; or
(2) Is owned by a nonprofit entity, a public entity or a quasi-public entity; and [PL 2009, c. 642, Pt. A, §7 (NEW).]
B. Does not apply to those turbines included in the development that are located:
(1) In a host community in which the legislative body has voted to waive or reduce the community benefits package requirement;
(2) On Passamaquoddy Indian territory, as defined in Title 30, section 6203, subsection 6, unless the Passamaquoddy Tribe notifies the primary siting authority that it chooses to be considered a host community for the purposes of this chapter with respect to the expedited wind energy development;
(3) On Penobscot Indian territory, as defined in Title 30, section 6203, subsection 9, unless the Penobscot Nation notifies the primary siting authority that it chooses to be considered a host community for the purposes of this chapter with respect to the expedited wind energy development; or
(4) On Qualifying Band Trust Land unless the Mi’kmaq Nation notifies the primary siting authority that it chooses to be considered a host community for the purposes of this chapter with respect to the expedited wind energy development.
The community benefits package requirement applies to any turbines of the development that are not exempted under subparagraph (1), (2), (3) or (4). [PL 2009, c. 642, Pt. A, §7 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).]
Nothing in this subsection limits a host community’s authority to require an expedited wind energy development to enter into a community benefit agreement and to fulfill its property tax obligations.
[PL 2009, c. 642, Pt. A, §7 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).]
4. Community benefit agreement payments to counties. When generating facilities of an expedited wind energy development are located within an unorganized or deorganized area other than within a plantation, community benefit agreement payments provided to the county as the host community in accordance with this section may be used for projects and programs of public benefit located anywhere within that county.
[PL 2009, c. 642, Pt. A, §7 (NEW).]
5. Promoting economic development and resource conservation; assistance to host communities. To the extent practicable within existing resources, the Department of Economic and Community Development, the Governor’s Energy Office and the Governor’s Office of Policy Innovation and the Future shall provide, upon the request of a host community, assistance for the purpose of helping the host community maximize the economic development and resource conservation benefits from tax payments and payments made pursuant to a community benefit agreement or a community benefits package in connection with expedited wind energy developments. As part of this assistance, the department and the Department of Economic and Community Development shall support host communities in identifying additional funding and developing regional economic and natural resource conservation strategies.
[PL 2019, c. 343, Pt. D, §16 (AMD).]
SECTION HISTORY
PL 2007, c. 661, Pt. A, §7 (NEW). PL 2009, c. 642, Pt. A, §7 (AMD). PL 2011, c. 655, Pt. DD, §§14, 15 (AMD). PL 2011, c. 655, Pt. DD, §24 (AFF). PL 2011, c. 682, §§27, 28 (AMD). PL 2013, c. 424, Pt. A, §21 (AMD). PL 2019, c. 343, Pt. IIII, §10 (AMD). PL 2019, c. 343, Pt. D, §§15, 16 (AMD). PL 2021, c. 293, Pt. A, §47 (AMD). PL 2023, c. 369, Pt. A, §4 (REV). PL 2023, c. 369, Pt. A, §5 (AFF).