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An Act Regarding Energy-generating Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §632, sub-§3, as enacted by PL 1983, c. 458, §18, is amended to read:
3. Hydropower project. "Hydropower project" means any development whichthat utilizes the flow or other movement of water, including tidal or wave action, as a source of electrical or mechanical power or whichthat regulates the flow of water for the purpose of generating electrical or mechanical power. A hydropower project development includes all powerhouses, dams, water conduits, turbines or other in-stream power devices, generators, transmission lines, water impoundments, roads and other appurtenant works and structures that are part of the development.
Sec. 2. 38 MRSA §633, sub-§1, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §182, is further amended to read:
1. Permit required.NoA person may not initiate construction or reconstruction of a hydropower project, or structurally alter a hydropower project in ways that change water levels or flows above or below the dam, without first obtaining a permit from the department.
Effective September 20, 2007