Maine § 35-A §3499-2 Decommissioning plan required

Maine Statutes

§ 35-A §3499-2 — Decommissioning plan required

Maine § 35-A §3499-2

Title 35-APUBLIC UTILITIES

Part 3ELECTRIC POWER

Ch. 34-EBATTERY STORAGE SYSTEM DECOMMISSIONING

This text of Maine § 35-A §3499-2 (Decommissioning plan required) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 35-A, § 35-A §3499-2 (2026).

Text

1.Prohibition. A person may not construct, cause to be constructed or operate a battery storage system development with a capacity of 2 megawatts or more without first obtaining approval of a decommissioning plan from the environmental permitting entity under this section.

2.Plan requirements. A decommissioning plan must provide for the decommissioning of a battery storage system development and include demonstration of current and future financial capacity, which must be unaffected by the owner's or operator's future financial condition, to fully fund decommissioning in accordance with an approved decommissioning plan under this section.

3.Standards. An environmental permitting entity shall approve a decommissioning plan whenever it finds the following:

4.Applicability. This section a

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1.
Prohibition.
A person may not construct, cause to be constructed or operate a battery storage system development with a capacity of 2 megawatts or more without first obtaining approval of a decommissioning plan from the environmental permitting entity under this section.
2.
Plan requirements.
A decommissioning plan must provide for the decommissioning of a battery storage system development and include demonstration of current and future financial capacity, which must be unaffected by the owner's or operator's future financial condition, to fully fund decommissioning in accordance with an approved decommissioning plan under this section.
3.
Standards.
An environmental permitting entity shall approve a decommissioning plan whenever it finds the following:
4.
Applicability.
This section applies to a battery storage system development on which construction begins on or after January 1, 2024. This section does not apply to a battery storage system development on which construction begins prior to January 1, 2024 unless the battery storage system development undergoes a transfer of ownership on or after January 1, 2024 in which case a person may not operate the battery storage system after the transfer of ownership without a decommissioning plan approved by the environmental permitting entity under this section.
5.
Administration and enforcement; rulemaking.
The Department of Environmental Protection shall administer and enforce this chapter with respect to the decommissioning of battery storage system developments for which it is the environmental permitting entity, subject to the same powers and authorities granted to it pursuant to Title 38, chapter 2, which may include, but are not limited to, the adoption of rules and the establishment of reasonable fees. The Maine Land Use Planning Commission shall administer and enforce this chapter with respect to the decommissioning of battery storage system developments for which it is the environmental permitting entity, subject to the same powers and authorities granted to it pursuant to Title 12, chapter 206‑A, which may include, but are not limited to, the adoption of rules and the establishment of reasonable fees.
Notwithstanding Title 5, section 8071, subsection 3, rules adopted by the Department of Environmental Protection or by the Maine Land Use Planning Commission pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.