Maine’s Environment and Natural Resources (ENR) Committee has unanimously voted to reject a proposal that would have overridden local ordinances on renewable energy development.
Originally introduced as an entirely different measure, a sponsor’s amendment shared last month overhauled LD 2174 by striking and replacing its contents, as well as giving it a new title.
Under the proposed amendment, brought forward by Rep. Christopher J. Kessler (D-South Portland), any local ordinances pertaining to renewable energy development that were “more stringent” than those included in state law would have been void and had “no force or effect.”
Impacted by this provision would have been ordinances regulating solar energy developments, wind energy developments, energy storage system developments, and high-impact electric transmission lines.
In other words, the bill was poised to override municipalities’ home rule regarding the regulation of renewable energy developments, nullifying any standards that are stricter than those set by the state.
[RELATED: LD 2174 Rewrite Sparks Home Rule Alarm as Caruso Warns Augusta Could Void Local Energy Ordinances]
This amendment also laid out a series of deadlines for processing and issuing decisions for permitting applications. If a decision were not rendered within the specified time frame, the application would automatically be accepted and the requested permit would be granted.
If the clock were to run out, the proposed law did not specify any further requirements that would need to be met, stating only that it would be “deemed approved.” The state would have then been required to issue the requested permits.
The Maine Department of Environmental Protection (DEP) would also have been required to develop a “permit-by-rule” 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.
[RELATED: Augusta Lawmakers Mull Overriding Strict Local Ordinances Regulating Renewable Energy Development]
The unanimous rejection of this proposal came during a work session held by the ENR Committee earlier this week.
Ahead of the vote, it was suggested that the bill was “not ready for prime time,” and specific concerns over the jeopardization of home rule were also raised.
Although lawmakers briefly discussed the possibility of amending the bill to create additional positions to help speed up the permitting process, it was suggested that “to work a bill with this level of concern at this point [in the session] would be extremely difficult.”
The ENR Committee has not yet reported out its Ought Not to Pass recommendation, leaving the door open for members to potentially reconsider their stance on the bill, but this is unlikely.
Since the committee’s recommendation is set to be unanimous, roll call votes on LD 2174 are not expected to be taken in either the House or the Senate.
