The passage of LD2283, An Act To Implement Recommendations of the Governor’s Task Force on Wind Power Development, went largely unnoticed by most Mainers – a fact not surprising when considering the circumstances under which it evolved and the speed in which it passed through the legislature unopposed by a single representative or senator. In all likelihood, your state legislators never mentioned the details of this bill to you.
It is, however, a monumental, precedent-setting act that will have profound impacts - most immediately on the people and landscape of rural Maine. Ultimately, the negative impacts will reach all Mainers, if not as a direct result of this law’s provisions, then from the dangerous precedent that it sets. Residents in any corner of Maine should sit up and take notice of what the Governor and the 123rd Maine Legislature hath wrought.
The history of LD2283 began by executive order from Governor Baldacci in 2007 when he convened the Governor’s Task Force on Wind Power Development. The core task of the group was to identify and overcome obstacles to the expeditious siting and construction of industrial scale wind turbine complexes on Maine’s mountains. According to Rob Gardiner, a wind industry developer providing input to the task force, the primary obstacle to overcome was the people of Maine. The task force dutifully responded and today, in the more than 65% of the state that has been rezoned for industrial scale wind energy development, Maine’s people have, by law, been marginalized.
The thrust of LD2283 was to bypass citizen objections to the significant negative visual impact these huge pieces of machinery impose on the landscape. In a rural environment, where little development is visible, the effects are magnified. In Mr. Gardiner’s telling email dated December 6, 2007, to the Governor’s Task Force, he states:
In my opinion, the biggest sticking point is visual impact. Under the standard of “fitting harmoniously into the environment”, wind is at a serious disadvantage. Because it involves 250′ high structures that are usually on high ridges, the visual impacts are significant.*
The potential objection was deemed to be so great, that citizen concerns of negative impact on the landscape, effectively, were statutorily eliminated by LD2283. The Maine Department of Environmental Protection and the Land Use Regulation Commission’s provisions that protected the natural and scenic character of the states iconic mountains and ridgelines were all but abolished for the benefit of the wind industry in this newly zoned area – again, over two-thirds of the state.
Stetson, Maine
Public hearings do not have to be conducted under the provisions of LD2283. Citizens must, in fact, petition the siting authority for the right to air their concerns publicly and there are no guarantees that they will be accommodated. The permit review process is now much abbreviated with time limitations for consideration by authorities. The net result is decreased scrutiny of permit applications and little opportunity to review the veracity or quality of assessments provided by the developers.
A curious feature of LD2283 is a requirement that the wind industry’s developments provide tangible benefits to Mainers. A more curious feature is that there is apparently no limit to how narrow these benefits might be or how creative a developer might get in defining what can be a tangible benefit. In fact, the law would seem to go so far as to redefine the word tangible. It seems to imply that the possibility of lowering carbon emissions is a tangible benefit to all Mainers – no details on what level of reduction this might actually play out to be. Maine Senator, Peter Mills, has written:
While wind power in Maine creates economic and environmental benefits for New England – and for Maine as part of that region, it is difficult to define a substantial long term benefit that will accrue specifically to Maine people. Our power bills will not be noticeably cheaper; real estate taxes from these projects will not be broadly beneficial; and the number of new jobs will be small.
The people in the organized towns of Maine, fortunately, do have the legal means to address this insult.** Dixmont, a town being prospected for wind turbine development, in their best interest, recently passed an ordinance to protect themselves from the Governor and the wind industry. They did not prohibit wind turbine developments; they simply decided that the citizens of Dixmont come first. The wind industry and their legislative supporters were not pleased.
The people living within the Maine Land Use Regulation Commission’s jurisdiction are not so fortunate. Ultimately, they must live with whatever wind energy development comes their way, with no serious chance for input or recourse, so industry friendly is the new law.
We invite you to familiarize yourself with this law. In fact such legislation should be required reading for all Mainers. Follow the link below to view or download the text of LD2283.
* Mr. Gardiner’s statement is a little misleading regarding the size of the wind turbines to be installed on Maine’s mountains. The full height to the top of the blade arc will be in most cases over 400′, taller than the Statue of Liberty by about 100′.
**Interestingly, in 2009, a bill proposed during the 124th Maine legislative session, LD199, would have prevented Dixmont or other organized towns from protecting themselves by stripping them of their homerule rights in the case of siting wind turbines. Fortunately it was killed in committee by citizen indignation.
LD2283 An Act To Implement Recommendations of the Governor’s Task Force On Wind Power Development
Email from wind industry developer Rob Gardiner to task force chair, Alec Giffen.