Senate enacts Brenner, Vitelli proposal to help build solar energy project on contaminated farmland

AUGUSTA — On Wednesday, the Maine Senate and House voted in favor of a joint proposal from Sen. Eloise Vitelli, D-Arrowsic, and Sen. Stacy Brenner, D-Scarborough, that would advance Maine’s energy independence by promoting building solar energy projects on farmland that has been contaminated by PFAS. The enactment votes were unanimous in both chambers.

The proposal is a combination of Sen. Brenner’s LD 1591, “An Act to Promote Economic Reuse of Contaminated Land Through Clean Energy Development,” and Sen. Vitelli’s LD 1830, “An Act to Advance Maine’s Clean Energy Goals.” The proposal is being carried on an amended version of Sen. Brenner’s bill.

“More than 50 farms across the state have been found to be seriously contaminated with PFAS. For many of the families who run these farms, the damage was done long before they bought the land. PFAS contamination is a devastating blow to farmers’ livelihoods. This bill is a critical step to help make them whole,” said Sen. Brenner, who co-owns Broadturn Farm in Scarborough. “I’m grateful to the strong, bipartisan support this bill received. Maine legislators are committed to doing what we can to support the farmers who have helped preserve our lands and feed our state.”

“This bill helps address two major issues facing Maine today: climate change and PFAS contamination. We know that we need to invest in renewable energy to move Maine away from our reliance on fossil fuels and volatile international markets,” said Sen. Vitelli. “Investing in our energy independence and green energy industry will support Maine into the future. Passing this bill is the right thing to do.”

In the 129th Legislature, Sen. Vitelli sponsored LD 1494, which set in statute the requirement that 80% of Maine’s electricity come from renewable resources by 2030, with a goal of 100% by 2050. As highlighted by the Renewable Energy Goals Market Assessment, additional clean energy sources are required to meet these goals.

There are more than 700 sites across the state that were licensed for land application of Class B biosolids, which includes wastewater sludge and septage, meaning that PFAS contamination is likely widespread. There is currently no way to remediate PFAS contamination in soils. 

As amended, LD 1591 has three intersecting goals: to advance Maine’s clean energy development; to ensure benefits to ratepayers; and to make use of PFAS-contaminated lands. The bill would promote the economic reuse of contaminated land, including farmland impacted by PFAS contamination, through renewable energy projects that guarantee ratepayer savings. 

The procurement in LD 1591 would be open to all PFAS-contaminated land. This proposal leverages federal opportunities, such as the Inflation Reduction Act. These operations would also be eligible for storage.

In order to approve a contract for this procurement, the PUC must determine that the contract will provide financial benefits to ratepayers.

“By locating renewable energy development on developed, impacted or contaminated land, LD1591 would also advance Maine’s clean energy goals without negatively impacting Maine’s working farmland and high-value agricultural soils. Maine’s farmland is a precious and limited resource. The 2017 Census of Agriculture showed that between 2012 and 2017, Maine lost more than 10 percent of its farmland, over 146,000 acres — making Maine one of the top five states in the country with the highest percentage of farmland lost according to American Farmland Trust,” said Shelley Megquier, with Maine Farmland Trust. “Protecting farmland is essential for ensuring that we have the land base to grow our agricultural economy, particularly as more farmers reach retirement age and pressure from all types of development increases across the state. Protecting land is also a key natural climate solution by avoiding the greater emissions associated with developed land and ensuring we have the farmland needed to support our local and regional food economy.”

The proposal is also supported by the Governor’s Energy Office and the Natural Resources Council of Maine.

The bill now goes to the desk of Gov. Janet Mills, who has 10 days to either sign the bill, veto it or allow it to become law without her signature.