An Act To Clarify the Laws Governing Noise from Wind Turbines
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3459 is enacted to read:
§ 3459. Sound level standards for unregulated wind energy development
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Operational" means generating electricity for purchase or sale.
B. "Sound level standards" means the sound level standards that a wind energy development required to obtain approval under Title 38, chapter 3, subchapter 1, article 6 is required to meet.
C. "Unregulated wind energy development" means an operational wind energy development that prior to January 1, 2013:
(1) Was not required to obtain approval under Title 38, chapter 3, subchapter 1, article 6 or to obtain certification under section 3456; and
(2) Is not an offshore wind power project as defined in Title 38, section 480-B, subsection 6-A.
2. Sound level standards. An unregulated wind energy development must meet the sound level standards that were in effect on the date that the unregulated wind energy development become operational.
3. Certification. By January 1, 2015, a person operating an unregulated wind energy development shall obtain certification from the department that the unregulated wind energy development meets the sound level standards under subsection 2. The department shall develop an application form for certification under this subsection, which the person must use to obtain certification.
4. Fee; outside review; approval process. The department may charge a person an appropriate fee for its review of an unregulated wind energy development and certification pursuant to this section. The department may use an outside reviewer as provided in Title 38, section 344-A.
5. Enforcement of standards. The department shall enforce the requirements of subsection 3 in accordance with Title 38, section 347-A. Following certification under this section, the sound level standards in subsection 2 may be enforced by the municipality in which the unregulated wind energy development is located at the municipality's discretion pursuant to Title 30-A, section 4452. Following certification, the department is not responsible for the enforcement of subsection 2.
SUMMARY
This bill requires unregulated wind energy developments that buy and sell electricity to meet the same sound level standards that wind energy developments permitted under the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 6 must meet.