This bill repeals the Maine Waterway Development and Conservation Act, which governs permits and certifications for hydropower projects. The bill enacts the Maine Renewable Energy and Associated Transmission Development and Conservation Act, which prohibits the construction, reconstruction or expansion of a renewable or clean energy project without first obtaining a permit from the Department of Environmental Protection. It defines "renewable or clean energy project" as any development that uses a
5-megawatt or greater clean resource for the purpose of generating electrical power. The bill directs the department to, within 60 days after the effective date of this legislation, initiate rulemaking to establish, under the site location of development laws, a permit-by- rule process for renewable or clean energy projects. The bill also specifies that rules adopted by the Department of Environmental Protection to establish permit-by-rule processes under the site location of development laws are routine technical rules. Other than the repeal of the Maine Waterway Development and Conservation Act, this bill does not include amendments to or repeal of sections of the Maine Revised Statutes that may be necessary to administer and implement the Maine Renewable Energy and Associated Transmission Development and Conservation Act. It also does not include amendments to or repeal of sections of the Maine Revised Statutes necessary to correct and update any cross-references in the statutes to provisions of law repealed in this bill.

Statutes affected:
Bill Text LD 2174, HP 1462: 38.489