Public Laws

124th Legislature

Second Regular Session


Parts: A B C D E F G H

Chapter 615

S.P. 710 - L.D. 1810

PART G

Sec. G-1. 30-A MRSA §4352, sub-§4,  as amended by PL 2007, c. 656, Pt. A, §2, is further amended to read:

4. Exemptions.   Real estate used or to be used by a public utility, as defined in Title 35-A, section 102, subsection 13, or by a person who is issued a certificate by the Public Utilities Commission under Title 35-A, section 122 or by a renewable ocean energy project as defined in Title 12, section 1862, subsection 1, paragraph F-1 is wholly or partially exempt from an ordinance only when on petition, notice and public hearing the Public Utilities Commission determines that the exemption is reasonably necessary for public welfare and convenience. The Public Utilities Commission shall adopt by rule procedures to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. G-2. 30-A MRSA §4361  is enacted to read:

§ 4361.   Coordination of state and municipal decision making; renewable ocean energy projects

1 Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A "Coastal area" has the same meaning as in Title 38, section 1802, subsection 1.
B "Renewable ocean energy project" has the same meaning as in Title 12, section 1862, subsection 1, paragraph F-1.
C "Submerged lands" has the same meaning as in Title 12, section 1801, subsection 9.
2 Location of renewable ocean energy projects.   A municipality may not enact or enforce a land use ordinance that prohibits siting of renewable ocean energy projects, including but not limited to their associated facilities, within the municipality. Nothing in this section is intended to authorize a municipality to enact or enforce a land use ordinance as applied to submerged lands.
3 Boundaries; rebuttable presumption.   A municipality may not enact or enforce any land use standard or other requirement regarding a renewable ocean energy project unless the project or part of the project over which the municipality asserts approval authority is located within its boundaries, as established in its legislative charter, prior to the effective date of this subsection. In any proceeding regarding the location of a municipality's boundaries for purposes of this section, there is a rebuttable presumption that the boundaries of a municipality in the coastal area do not extend below the mean low-water line on waters subject to tidal influence.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333