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An Act To Improve Maine's Capacity To Produce Low-cost Renewable Energy through Hydroelectric Power
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §480-D, first ¶, as amended by PL 2009, c. 615, Pt. E, §7, is further amended to read:
The department shall grant a permit upon proper application and upon such terms as it considers necessary to fulfill the purposes of this article. The department shall grant a permit when it finds that the applicant has demonstrated that the proposed activity meets the standards set forth in subsections 1 to 11this section, except that when an activity requires a permit only because it is located in, on or over a community public water system primary protection area the department shall issue a permit when it finds that the applicant has demonstrated that the proposed activity meets the standards set forth in subsections 2 and 5.
Sec. 2.  38 MRSA §480-D, sub-§12  is enacted to read:
 
12.  Dams with hydroelectric power generating potential.     The activity will not result in a reduction in the potential of a dam to produce hydroelectric power at a cost that is economically competitive with other renewable sources of electricity unless the department determines that the activity is necessary for public safety or to avoid a significant threat to the environment.
 
SUMMARY
This bill provides that the Department of Environmental Protection may not grant a permit for an activity that will result in a reduction in the potential of a dam to produce hydroelectric power at a cost that is economically competitive with other renewable sources of electricity unless the department determines that the activity is necessary for public safety or to avoid a significant threat to the environment.