LEPAGE VETO PEN STRIKES OUT PREDICTABILITY FROM MAINE’S WIND ENERGY LAWS

Posted: April 30, 2014 | Senator Alfond

AUGUSTA –Governor LePage vetoed a bill that clarified the regulatory process and provided predictability to Maine’s wind energy law.

“This is another example of Governor LePage talking one way and yet doing something completely different. As he knows and often says, business needs a fair, consistent, and predictable regulatory environment–and that is true of the wind industry in Maine,” said Senate President Justin Alfond of Portland, the sponsor of the measure. “This was a common-sense measure that simply would have required his own Department of Environmental Protection to adhere to the rules his own Administration established in 2011, as a part of LD 1.”

The bill would eliminate the arbitrary application of rules by regulators and instead ensure consistency when creating or applying established rules. In recent years, agencies have created inconsistencies in permitting requirements but in 2011, the 125th Legislature passed public law 304 also known as LD 1 in an attempt to address this trend.

President Alfond’s bill explicitly states that the Department of Environmental Protection shall not establish new requirements on permitting without going through established procedures. The bill also requires a written explanation when the primary siting authority ignores the opinion of a hired expert.

With 179 vetoes, Governor LePage has exceeded the number of vetoes by any other Governor, including the previous record holder, one-term Governor Jim Longley who issued 118 vetoes.

The Senate will take up the veto of,L.D. 1750An Act To Amend the Maine Administrative Procedure Act and Clarify Wind Energy Laws when the Legislature reconvenes on May 1. Two-thirds, or 24 votes, is needed to override the veto.

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