AUGUSTA, Maine – A late-session rewrite of LD 2174 is drawing fresh scrutiny at the State House after Rep. Liz Caruso (R–Caratunk) warned the bill could override local ordinances and weaken town authority over major energy developments.
During a radio discussion Monday on the Ric Tyler/George Hill Show on WVOM, Caruso described LD 2174 as a textbook “strike and replace” maneuver, where a bill’s contents are swapped out while keeping the original number.
Caruso said the bill was initially presented under a title referencing waterways — “An Act to Replace the Maine Waterway Development and Conservation Act with the Maine Renewable Energy and Associated Transmission Development and Conservation Act” but was later rewritten and republished with a new title: “An Act to increase predictability in the permitting of renewable energy development.”
Caruso characterized the new version as a push to fast-track renewable energy development, specifically involving solar, wind, energy storage, and high-impact electric transmission.
Home rule and local ordinances in the crosshairs
Caruso’s central concern: the rewritten bill would, as she described it, prohibit municipalities, cities, towns, or plantations, from adopting or enforcing any ordinance, standard, condition, or requirement related to those energy projects if the local rule is more stringent than state law or rules.
In practical terms, she said, towns that have spent years building ordinances through local boards and public hearings, and in many cases through town meeting votes, could see those rules nullified if they exceed the state’s baseline.
Caruso cited her own community’s approach to energy systems ordinances, including setbacks and decommissioning requirements. She said her town requires developers to set aside money, such as in escrow, to ensure a project is removed when it no longer operates, instead of leaving the burden on local taxpayers.
She also said the bill would declare that any local ordinance that violates the bill’s restrictions would be void and have “no force or effect.”
Concerns over “deemed approved” permits
Caruso also highlighted what she described as a permitting change that could automatically advance projects. She said that if a state commissioner fails to issue a decision on an application within a set timeframe, the proposal could be “deemed approved” regardless of whether it meets other criteria.
Emergency label dropped, vote threshold changes
Caruso was questioned why the bill was initially pushed as an “emergency” measure to qualify for consideration in the Legislature’s second session. She said the emergency designation later was removed in the amended version, a shift she said could change the political math, because emergency legislation requires a two-thirds vote, while a non-emergency measure can move on a simple majority.
Public hearing Wednesday
Caruso urged residents and local officials to speak up, pointing to a public hearing Wednesday at 1 p.m. at the State house in Augusta. She said the public can testify in person, by Zoom, or by submitting comments online.
She said the bill is set for review in the Environment and Natural Resources Committee, despite being narrowly focused on energy project permitting and local regulation.
Caruso’s message to listeners was direct: if communities want to keep control over where and how large-scale energy projects are sited, she said they should treat LD 2174 as a home rule fight and engage before it reaches the floor.
