| Session - 127th Maine Legislature
S "A" to C "A", Filing Number S-307, Sponsored by Saviello
Amend the amendment in section 7 in §3453 in subsection 1 in the last line (page 2, line 36 in amendment) by inserting after the following: " 3453-A" the following: ' , subsection 1'
Amend the amendment in section 7 in §3453 by striking out all of subsection 3 (page 2, lines 39 and 40 and page 3, lines 1 and 2 in amendment) and inserting the following:
Amend the amendment by striking out all of section 8 and inserting the following:
‘Sec. 8. 35-A MRSA §3453-A is enacted to read:
§ 3453-A. Removal from the expedited permitting area
The Maine Land Use Planning Commission may, by rule adopted in accordance with Title 5, chapter 375, remove a specified place in the unorganized and deorganized areas from the expedited permitting area as described in this section.
(1) Clearly states that the persons signing the petition are requesting the removal of the specified place from the expedited permitting area;
(2) Is signed by at least 10% of the number of registered voters residing in the township, plantation, municipality or portion thereof that voted in the most recent gubernatorial election; and
(3) Is on a form consistent with Title 5, section 8055, a form provided by the Maine Land Use Planning Commission or a form otherwise determined to be sufficient for the purposes of this subsection by the Maine Land Use Planning Commission; and
The removal of a specified place from the expedited permitting area under this subsection may not prejudice any subsequent petition presented to the Maine Land Use Planning Commission to add the specified place back into the expedited permitting area under section 3453.
As used in this subsection, "project boundary" means the geographic limits of an existing or proposed expedited wind energy development, as defined by the deeded geographic boundaries of the parcel or parcels of land on which the development or portions thereof are located or proposed to be located.
Amend the amendment by inserting after section 9 the following:
‘Sec. 10. Effective date. This Act takes effect January 1, 2016.’
This amendment establishes consistency between the review processes for adding and removing specified places from the expedited permitting area. The amendment also establishes that when 10%, instead of 50% as in the committee amendment, of the registered voters in a township, plantation or municipality that voted in the most recent gubernatorial election petition for removal of a specified place in the unorganized and deorganized areas from the expedited permitting area, after the required notice, if no person requests substantive review of the petition the specified place must be removed. If review is requested, there must be an opportunity for public comment and, if requested by 5 or more persons, a public hearing. The Maine Land Use Planning Commission may recover the actual cost of a requested review of a petition from the person making the request. When conducting substantive review of a petition for removal, the commission must grant the petition and remove the specified place from the expedited permitting area if the commission determines the removal will not have an unreasonable adverse effect on the State's ability to meet its goals for wind energy development and is consistent with the principal values and the goals of the commission's comprehensive land use plan. The amendment removes the requirement that all signers of a petition must be permanent residents of the township, plantation or municipality, extends the deadline by which petitions may be filed to June 30, 2016 and establishes an effective date of the legislation of January 1, 2016.
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