Final Maine ocean wind bill may bar windfarms from state waters; limit them in  federal waters and encourage them in the Exclusive Economic Zone.   FMI Contact Penobscot Bay Watch  207-691-7485 coastwatch@gmail.com

AUGUSTA On March 18, 2010, Maine Legislature’s Utility and Energy Committee held a  2 hour work session on LD 1810, the bill to implement the recommendations of the Governor’s Ocean Energy Task Force.  Scroll down   to listen to the speakers and legislators at this worksession (mp3s) Listen to March 11th public hearing on LD 1810 Mp3s

Due to the presence of Maine fishermen  and oceanic beauty in virtually every square foot of Maine state ocean waters, commercial windfarm companies may be required by the legislation to keep out of Maine state waters; in exchange, the industry seeks nonconfrontation with the fishing industry further offshore.

“Fishermen, resorts, the schooner fleets, a variety of human users are already fully exploiting Maine’s nearshore natural resources.” said Ron Huber “They can only be harmed if the industrial wind companies began leasing nearshore waters.”

Because of the complexity of the 38 page bill,  (see pdf copy of LD 1810 with state waters parts highlighted) the committee could not get through the entire bill and will meet again on Tuesday at 1pm

The Maine Lobstermen’s Association will work through the weekend on acceptable wording protecting fisheries.  Doubtless other fisheries as well.  The ocean windmill industry is no doubt busy, too,  hoping to reinclude permssion to do windpower in state waters in the bill.

Listen to speakers at the March 18, 2010 Hearing

* Introduction to the Worksession 4min

* MDEP’s Beth Nagusky describes proposed changes to Bill Part A 17 minutes

* MDEP’s Nagusky Q&A session 11 minutes

* Patrice Farrell, Maine Lobstermen’s Association 3 & 1/2 minutes

* MDEP’s Beth Nagusky describes proposed changes to Part B of LD 1811

* Suzanne Sayre 2 minutes

* John Ferland Ocean Renewable Energy Corp 1 minutes

* Dianne Messer, advocate, Liberty Maine 2 minutes

* Chris O’Neill, Friends of Maine Mountains 1 minutes

* Todd Rousette (sp?) Preti Flaherty lawfirm 2 minutes

* MDEP’s Beth Nagusky describes more changes to Part B

* MDEPs Beth Nagusky on changes to Part C of bill

* MDEP’s Beth Nagusky on changes to Part D of bill

* MDEP Beth Nagusky on Changed to Part E of Bill
* MDEP Beth Nagusky questioned on Part E 7 min

* MDEP Beth Nagusky questioned more 10 minutes

* University of Maine Dr Dagher 12 minutes

* Final stakeholders and close of work session  11 minutes

The unexpectedly loud powerful opposition to the bill by Maine scallopers, shrimpers and groundfishermen, joined by ocean resort and sailing interests and conservation activist Huber, may be bearing fruit.  “We won’t just stand by and let  the Department of Conservation start leasing out Maine’s legendary fishing and sailing grounds to big energy companies out of Boston and New Jersey.” said Huber  who is the litigant in the aforementioned  Huber v Bureau of Parks and Lands lawsuit over the Monhegan floating test site.

He said the bill would allow companies to seek 20, 40 and 50 year leases over state waters. “Are we really ready for that?” Huber asked. “I don’t think so.  Neither do most fishermen I know.“    The ocean windmill industry is probably busy this weekend too, he said,  hoping to regain language in the bill allowing windpower in state waters in the bill.

Heuber said That  the Maine Lobstermen’s Association leadership, which had been negotiating behind closed doors with the wind industry, had to be taken to task by scallop, shrimp and groundfish fleets and its own rank and file  before it stopped supporting DMR’s “Prepare to Share”  campaign, as  described by George Lapointe at the  wind energy seminar at the 2010 Maine Fishermens Forum.

On March 23rd, all interests will be back in Augusta before the Utility and Energy Committee for a 1pm  final  showdown on LD 1810

Augusta.  Beleaguered Maine scallopers, groundfishermen and shrimp harvesters are telling the Maine legislature that they face financial ruin if a tiny state public lands agency becomes a political powerhouse by leasing Maine’s commercial fishing grounds out from under them.

The fishermen fear that this could take place if the legislature approves LD 1810, An Act To Implement the Recommendations of the Governor’s Ocean Energy Task Force.

The bill would  authorize the Department of Conservation’s Bureau of Parks & Lands to lease nearshore state waters to the wind industry, and loosens the state’s and municipal environmental and conservation laws, rules and ordinances to be used the state waters windfarm application decisionmaking process.

LD 1810’s public hearing took place March 11th. At the hearing, Marine Resources Committee co-Chair Leila Percy told the Utility & Energy Committee, which is considering LD 1810,   that to protect marine resource users, the 35 page bill – which was only introduced in committee that week – required careful scrutiny before any final action is taken “I want to speak about the bump in the road, “ Percy told the committee. “I haven’t had a chance to read the bill. bsp;And a lot of my constituents haven’t had a chance to read the bill.” Percy said she had spoken with fishermen at the Seminar on Ocean Windfarms & Maine Fishermen at the  2010 Maine Fishermens Forum l

Percy called for the bill to passed as a “resolve”, then brought before fishing and tourism based coastal communities and before the Marine Resources Committee and the Natural Resources Committee,  before final action on a bill in 2011.
“I think having everyone’s voice in a much greater conversation would be helpful” she said.

Other portions of the bill  have also come under fire. If passed,  the Bureau of Parks and Lands could:

* Offer 2 year “lease options,  3 year predevelopment leases”,  5 year “pre-operation leases” and 30 year operating leases. In addition the Bureau plans to offer 50 year  leases of the state’s submerged marine lands to wave and tidal energy interests

LD 1810 would also:

* Allow the banning of commercial fishing within the wind leases using any gear that wind industry insurers deem risky to wind farm’s underwater cables and  structures.

* Allow wind companies to use eminent domain on shoreline and inland property owners, to allow the industry to cut powerline and tower rights of way through private land as needed to connect the offshore developers to the national grid.

* Forbid coastal towns from assessing property taxes on wind turbines or related equipment and facilities in the municipalities’ waters that are “below the mean low-water line on waters subject to tidal influence.”

* Forbid coastal resorts from challenging nearshore windfarms for threatening to  degrade economically critical, measurable scenic values without penalty or need to compensate other users for lost values.

* Forbid Maine citizens from filing appeals of Maine Department of Environmental Protection windmill project decisions to the Maine Board of Environmental Protection. Would-be appellants would need to go straight to state court.

* Forbid the Maine Board of Environmental Protection from assuming jurisdiction over Maine Department of Protection windmill applications.

Critics say  the result of the relaxed and weakened standards could stimulate a wild west style  submerged lands rush, with speculators staking exploratory claims over Maine fishing grounds, then selling their leases for a tidy profit to one of the big energy concerns that hope to dominate the wind energy business.

“Who wrote this junk bill?” said fishermen  Brian Preney of Boothbay, a member of the state’s Sea Urchin Zone Council.  “Would anybody with any civic responsibility propose such a poor piece of legislation?  I would like to know who wrote it and who they represent, because it certainly is not me or the people of Maine.”

As a result of the fishing industry’s concerns, political leaders are taking action. Speaker of the House Hannah Pingree has pledged  that the bill  will be extensively modified.

“I think we’ll scale down the bill significantly”, she reassured one concerned constituent.  ”We were disappointed the bill came from the Governor so late in the session with so many big issues to be resolved.”

The state’s heating industry is also up in arms about the bill, which proposes phasing that business out and requiring Mainers to use electricity for heating their homes and workplaces.

Final action on LD 1810 takes place 1pm Thursday March 18th, when the Maine legislature’s Utility and Energy Committee holds its work session on the bill.