Under current law, the Department of Environmental Protection is required to establish and maintain a compensation fee program to offset the adverse effects of a renewable energy development project and to determine the compensation fee amounts based on criteria established by the department. This bill removes the requirement that the department establish the criteria for compensation and instead requires a compensation fee equal to the average value of the undeveloped land occupied by the renewable energy development project, with certain exceptions. The bill also specifies which wildlife habitats the department may consider for purposes of determining an adverse effect. Finally, the bill changes rules adopted by the department to routine technical rules.

Statutes affected:
Bill Text LD 1458, SP 599: 38.484