Augusta Lawmakers Mull Overriding Strict Local Ordinances Regulating Renewable Energy Development

This Wednesday, Mainers will have the opportunity to make their voices heard on a proposed bill that could override local renewable energy development ordinances.

Initially introduced as an entirely different measure, the sponsor’s amendment shared last week overhauls LD 2174 by striking and replacing its contents, as well as giving it a new title.

The emergency designation included in the original version of this legislation was also removed as part of this sponsor’s amendment.

Under the proposed amendment, brought forward by Rep. Christopher J. Kessler (D-South Portland), any local ordinances pertaining to solar energy developments, wind energy developments, energy storage system developments, or high-impact electric transmission lines that are “more stringent” than those included in state law would be void and have “no force or effect.”

In other words, the bill appears poised to override municipalities’ home rule when it comes to regulating renewable energy developments, nullifying any standards that are stricter than those set by the state.

This amendment also lays out a series of deadlines for processing and issuing decisions for permitting applications. If a decision is not rendered within the specified time frame, the application would automatically be considered accepted and the requested permit would be granted.

Should the clock run out for a decision to be made on an application, the proposed law does not specify any further requirements that would need to be met, stating simply that it would be “deemed approved.” The state would then be required to issue the requested permits.

The Maine Department of Environmental Protection (DEP) would also be required to develop a “permit-by-rules” process for certain qualifying solar energy developments.

A permit-by-rule (PBR) is an alternative way of approving certain projects without requiring the submission of a traditional permitting application. Instead, developers may file notice with the DEP prior to starting work, attesting that their project qualifies for a PBR and adheres to the relevant standards and requirements.

A public hearing will be held for LD 2174 on Wednesday, February 25 at 1pm in Room 216 of the Cross Building, located directly across from the State House.

Click Here for More Information on LD 2174

Below is the full text of the sponsor’s amendment for LD 2174 as shared by the Legislature’s Office of Policy and Legal Analysis (OPLA) on February 18, a week ahead of the bill’s public hearing.

As is usually the case, this sponsor’s amendment has not been posted the bill’s official webpage. Only amendments put forward by the committee responsible for a bill or those introduced on the chamber floor are typically posted online, as well as the text of a concept draft once it is made available by the sponsor.