Maine Revised Statutes Title 35-A Sec. 3459 – Best practical mitigation
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1. Process. An application for a grid-scale wind energy development must contain, and the primary siting authority shall require, best practical mitigation for all aspects of construction and operation of generating facilities. In determining best practical mitigation options, the primary siting authority shall consider:
A. The existing state of technology; [PL 2013, c. 325, §3 (NEW).]
B. The effectiveness of available technologies or methods for reducing impacts; and [PL 2013, c. 325, §3 (NEW).]
C. The economic feasibility of the type of mitigation under consideration. [PL 2013, c. 325, §3 (NEW).]
[PL 2013, c. 325, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 3459
- Best practical mitigation: means methods or technologies used during construction or operation of a wind energy development that control or reduce to the lowest feasible level impacts to scenic or wildlife resources in accordance with rules adopted by the department. See Maine Revised Statutes Title 35-A Sec. 3451
- Department: means the Department of Environmental Protection. 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
- Grid-scale wind energy development: means a wind energy development that is of a size that would qualify as a development of state or regional significance that may substantially affect the environment as defined under Title 38, section 482, subsection 2, paragraph A or paragraph C. See Maine Revised Statutes Title 35-A Sec. 3451
- Primary siting authority: means :
2. Rules. The department shall adopt rules governing best practical mitigation under this section. Rules adopted under this subsection are major substantive rules as described in Title 5, chapter 375, subchapter 2-A. Any amendments to the rules after final adoption of the major substantive rules are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[PL 2013, c. 325, §3 (NEW).]
SECTION HISTORY
PL 2013, c. 325, §3 (NEW).