Maine Revised Statutes > Title 35-A > Part 3 > Chapter 34-A – Expedited Permitting of Grid-Scale Wind Energy Development
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Terms Used In Maine Revised Statutes > Title 35-A > Part 3 > Chapter 34-A - Expedited Permitting of Grid-Scale Wind Energy Development
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Associated facilities: means elements of a wind energy development other than its generating facilities that are necessary to the proper operation and maintenance of the wind energy development, including but not limited to buildings, access roads, generator lead lines and substations. See Maine Revised Statutes Title 35-A Sec. 3451
- 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
- Combined observation: means a view from a scenic resource of state or national significance of more than one group of generating facilities located within the viewshed of the scenic resource of state or national significance within the field of view of a stationary viewer. See Maine Revised Statutes Title 35-A Sec. 3451
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Commissioner: means one of the members of 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. 3451Contract: A legal written agreement that becomes binding when signed. Cumulative scenic impact or effect: means the potential adverse effect on the scenic character and existing uses related to the scenic character of scenic resources of state or national significance resulting from the incremental impact of a proposed wind energy development when added to the effects of other existing, permitted or pending wind energy developments within the viewshed of a scenic resource of state or national significance. 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 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Expedited permitting area: means :
A. See Maine Revised Statutes Title 35-A Sec. 3451Expedited 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 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 Host community: means :
A. See Maine Revised Statutes Title 35-A Sec. 3451in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 municipal authority: means the rights, privileges, powers and immunities of a municipality that are specified in legislation specifically authorizing the exercise of those government powers and that are equivalent to the rights, privileges, powers and immunities possessed by the Penobscot Nation and the Passamaquoddy Tribe with respect to expedited wind energy development within their respective Indian territories pursuant to Title 30, section 6206. See Maine Revised Statutes Title 35-A Sec. 3451 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102 Primary siting authority: means :
A. See Maine Revised Statutes Title 35-A Sec. 3451Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Qualifying 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 Scenic resource of state or national significance: means an area or place owned by the public or to which the public has a legal right of access that is:
A. See Maine Revised Statutes Title 35-A Sec. 3451Sequential observation: means a view of more than one group of generating facilities located within the viewshed of a scenic resource of state or national significance as the viewer travels along the portion of a linear route that is located within the viewshed of a scenic resource of state or national significance. See Maine Revised Statutes Title 35-A Sec. 3451 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Specified place: means the entirety or a portion of a township, plantation or municipality in the unorganized and deorganized areas, or a combination thereof. See Maine Revised Statutes Title 35-A Sec. 3451 Successive observation: means views from a scenic resource of state or national significance of more than one group of generating facilities located within the viewshed of a scenic resource of state or national significance from a single viewpoint as a result of a viewer turning the viewer's head or body. 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 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Viewshed of a scenic resource of state or national significance: means the geographic area as viewed from a scenic resource of state or national significance that includes the proposed wind energy development. 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