35-A M.R.S. § 2523 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2523
35-A §2523. Street lights; use of poles
Status: in_force

This section governs street lights that are attached to utility poles in the public way. [PL 2013, c. 369, Pt. E, §1 (NEW).]

1. Ownership and maintenance options. On or after October 1, 2014, a transmission and distribution utility shall provide the following options to municipalities for street and area lighting provided by light fixtures attached to poles owned by the transmission and distribution utility or on shared-use poles in the electrical space under the contractual management of the transmission and distribution utility located in the public way: A. The transmission and distribution utility provides all of the components of the street lighting system, including installation on the utility poles and maintenance, and provides electricity delivery to the street lighting system from a power vendor selected by the municipality. The transmission and distribution utility shall apply a monthly charge for these services as approved by the commission that reflects the total cost to provide street lighting equipment for each light and a separate charge for power delivery consistent with subsection 3 ; [PL 2013, c. 369, Pt. E, §1 (NEW).] B. The transmission and distribution utility installs all of the components of the street lighting hardware as selected, purchased and owned by the municipality on utility poles owned by the transmission and distribution utility or in the electrical space under contractual management of the transmission and distribution utility on shared-use poles and connects the light to the power source on the pole. The transmission and distribution utility may apply a one-time charge per light fixture for installation as established by the commission. Any repairs made by the transmission and distribution utility to the mounting hardware or the power supply wire connection following installation must be billed at a rate established by the commission. Maintenance of all components of the light fixture is the responsibility of the municipality or its contractor. Any person performing maintenance work on behalf of the municipality pursuant to this provision must be qualified pursuant to applicable federal or state standards or any standards established by the commission for such work and must have liability insurance in an amount and with terms determined by the commission. Light locations, the street lighting hardware installed and delivery charges are governed by subsections 2 and 3 ; and [PL 2013, c. 369, Pt. E, §1 (NEW).] C. The transmission and distribution utility connects to the power lines a light fixture either owned by or owned and installed by the municipality or its contractor on a pole owned by the transmission and distribution utility or on a shared-use pole in the electrical space under the contractual management of the transmission and distribution utility. Light locations, the street lighting hardware installed and delivery charges are governed by subsections 2 and 3 . Maintenance of the light fixture and mounting hardware is the responsibility of the municipality or its contractor. Any person installing or working on municipally owned street lighting equipment pursuant to this paragraph on behalf of the municipality must be qualified pursuant to applicable federal and state standards or any standards established by the commission for such work and must have liability insurance in an amount and with terms determined by the commission. The transmission and distribution utility may apply a one-time power connection charge per light fixture as established by the commission. [PL 2013, c. 369, Pt. E, §1 (NEW).] [PL 2013, c. 369, Pt. E, §1 (NEW).]

2. Lighting location and installation. For municipally owned street lighting hardware located on poles owned by the transmission and distribution utility or in the electrical space under the contractual management of the transmission and distribution utility on shared-use poles in the public way, the location on the pole and the street lighting hardware installed, as well as any associated charges, are governed by the following provisions. A. The commission shall establish criteria, based on standard utility industry practice, for determining possible locations on the utility pole for the street lighting hardware, determining any changes that may be needed, including, but not limited to, relocating equipment already on the pole, installing a taller pole or bracing an existing pole, as well as determining any one-time fees the transmission and distribution utility may charge the municipality for making the determinations and undertaking the work necessitated by the determinations. The criteria must also specify the conditions under which a request from a municipality to locate a light fixture on a pole may reasonably be denied by the transmission and distribution utility. [PL 2013, c. 369, Pt. E, §1 (NEW).] B. The commission shall establish basic criteria, consistent with standard utility industry practice, for municipally owned street lighting hardware installed on utility poles that address any reasonable safety and compatibility issues with other equipment on or uses of the pole. The criteria must provide a basis for determining when no additional assessment work, and related fees pursuant to paragraph A , would be warranted for a replacement light fixture because the new light fixture places comparable or lower demands on the utility pole and related utility equipment than the light fixture being replaced. [PL 2013, c. 369, Pt. E, §1 (NEW).] [PL 2013, c. 369, Pt. E, §1 (NEW).]

3. Delivery rates and associated charges. The commission shall establish through appropriate proceedings the charges for the transmission and distribution utility to deliver electricity to the municipal street lighting systems as provided in subsection 1 . For municipal street lighting system options described in subsection 1, paragraphs B and C , the commission shall determine what, if any, ongoing fees beyond the power-only delivery charge may be assessed, including a pole attachment fee. In making this determination, the commission shall weigh, among other factors, the municipal interest to serve the general public and the location of the poles in municipal rights-of-way. [PL 2013, c. 369, Pt. E, §1 (NEW).]

4. Transfer of ownership. A transmission and distribution utility shall allow a municipality to transfer utility-owned street and area lighting for which the municipality is billed to either form of municipal ownership in subsection 1, paragraphs B and C in a time frame and under terms established by the commission. The commission shall also determine a fair and equitable cost for all aspects of the transfer and establish guidelines to best enable the contiguous ownership of lighting fixtures. [PL 2013, c. 369, Pt. E, §1 (NEW).]
35-A M.R.S. § 6704 — ME Code / Title 35-A / Part 6 / Chapter 67 / Section 6704
35-A §6704. Condemnation proceedings by water utility
Status: in_force

Upon the commencement of condemnation proceedings, the utility seeking to acquire property, unless otherwise provided by law, may file a petition asking that the necessity of the taking be determined. After the petition is filed, the proceedings shall be the same as in the case of a petition by the landowner. [PL 1987, c. 490, Pt. B, §17 (RPR).]
35-A M.R.S. § 4301 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4301
35-A §4301. Findings and purpose
Status: in_force

1. Investment in nuclear power plants. The Legislature finds that construction of a nuclear power plant is a major financial investment, which will have consequences for consumers for years to come. [PL 2015, c. 165, §1 (AMD).]

2. Costs. The Legislature finds that there are many uncertain future costs associated with nuclear power plants, including the costs of low-level and high-level waste disposal, decommissioning and long-term care. These costs will be borne by the consumers and reductions in these costs will serve to benefit consumers. [PL 2001, c. 629, §1 (AMD).]

3. Citizen participation. The purpose of this subchapter is to provide for citizen participation in any decision to construct a nuclear power plant within the State. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6502 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6502
35-A §6502. Proceedings before entry; location and map; description
Status: in_force

1. Description. All property taken by eminent domain shall, before it is entered upon for any purpose except to make surveys, be located by a description, signed by the party taking the property. The description shall: A. Describe in detail the property taken; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Give the names of the owners; and [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Be accompanied by a map showing the property as described. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Filing location and map. The party taking the property shall file the location and map with the county commissioners of the county where the property is located, who shall: A. Endorse the time of filing on the location and map; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Order the location recorded. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Recording location. The taker shall record the location in the registry of deeds of the county or registry district where the property is located. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Personal notice given to mortgage holder. When there is a recorded mortgage covering any portion of the land taken, which has been recorded within 40 years of the taking and bears no record of discharge, satisfaction or release, the taker shall give personal notice to the owner of record of the mortgage by sending to the mortgage holder's residence, if known, otherwise to the residence or address set forth in the record, by registered mail, a written notice of the taking which shall contain a description of the property taken and the name of the owner. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Description corrected. When for any reason the taker fails to acquire the property authorized to be taken and which is described in the location, or the location recorded is defective or uncertain, the taker may, at any time, correct and perfect the location and file a new description. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Liability of taker. If a description is corrected under subsection 5 , the taker is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the taker shall not be liable for any acts which would have been justified if the original taking had been valid. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10119 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10119
35-A §10119. Heating Fuels Efficiency and Weatherization Fund
Status: in_force

1. Fund established; use of money. The Heating Fuels Efficiency and Weatherization Fund, referred to in this section as "the fund," is established. The fund is a nonlapsing fund and is administered by the trust in accordance with this section. Any interest earned on funds in the fund must be credited to the fund, and funds not spent in any fiscal year remain in the fund to be used in accordance with this section. The trust may receive and deposit in the fund funds from the following sources: A. Any funds collected from an assessment on heating fuels; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. Federal funds and awards that may be used for the purposes of this section; [PL 2009, c. 652, Pt. A, §49 (AMD).] C. The proceeds of any bonds issued for the purposes of this section; [PL 2009, c. 372, Pt. B, §3 (NEW).] D. Principal and interest received from the repayment of loans made from the fund; [PL 2009, c. 372, Pt. B, §3 (NEW).] E. Any interest earned on investment of fund balances; [PL 2019, c. 306, §6 (AMD).] F. Any funds from public or private sources received in support of the purposes for which the fund is established; and [PL 2019, c. 306, §6 (AMD).] G. Payments from the forward capacity market or other payments by the regional transmission organization. [PL 2019, c. 306, §6 (NEW).] The trust may annually deposit funds received pursuant to this section into the administration fund, to a maximum in any fiscal year of 10% of the revenues received under this section. [PL 2019, c. 306, §6 (AMD).]

2. Program. All funds deposited in the fund must be administered by the trust in accordance with the following. A. All funds deposited in the fund must be administered by the trust to reduce heating fuel consumption consistent with the purpose and targets of the trust and the triennial plan to achieve the following goals: (1) By 2030, to provide cost-effective energy efficiency and weatherization measures to substantially all homes and businesses whose owners wish to participate in programs established by the trust under this section; and (2) From fiscal year 2019-20 to fiscal year 2024-25, to install 100,000 new high-performance air source heat pumps in the State to provide heating in residential and nonresidential spaces. "High-performance air source heat pump" means an air source heat pump that satisfies minimum heating performance standards as determined by the trust. [PL 2019, c. 306, §6 (AMD).] B. Funds from the fund may be used only for programs that provide cost-effective heating fuel efficiency or weatherization measures in accordance with this paragraph. (1) Program categories may include low-income, single-family and 2-family residential units, multifamily residential units, small business, commercial and institutional and such other categories as the trust determines appropriate. (2) Within program categories, the trust may differentiate between programs for new construction and existing buildings. (3) Cost-effective heating fuel efficiency measures must include measures that improve the energy efficiency of energy-using heating and cooling systems through system upgrades or conversions, including conversions to energy-efficient systems that rely on renewable energy sources, high‑performance air source heat pumps or other systems that rely on effective energy efficiency technologies. (4) Eligible program measures may include, but are not limited to, training or certification of energy auditors, insulation installers, mechanical heating system installers and maintenance technicians and building energy inspectors. [PL 2019, c. 306, §6 (AMD).] C. Program designs approved by the trust may contain: (1) Incentives to consumers to purchase and install cost-effective heating fuel efficiency and weatherization products and services, except in the case of programs to deliver education, training or certifications; (2) Loan options for prescribed products and services, including specially designed loans for low-income and moderate-income consumers for the purchase and installation of a high-performance air source heat pump; (3) A plan for integrating delivery of heating fuel efficiency and weatherization measures with electric efficiency measures; and (4) A system for the equitable allocation of costs among the contributing funds or subaccounts administered by the trust when more than one efficiency opportunity is identified, except that for purposes of advancing the goal of paragraph A, subparagraph (2) , payments from the forward capacity market deposited in the fund must be used to supplement, and not supplant, heat pump incentive amounts approved through the triennial plan for electric efficiency and conservation programs. [PL 2019, c. 306, §6 (AMD).] D. [PL 2019, c. 306, §6 (RP).] [PL 2019, c. 306, §6 (AMD).]

3. Rulemaking. The board may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 372, Pt. B, §3 (NEW).]

4. Effective date. This section takes effect July 1, 2010. [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 3801 — ME Code / Title 35-A / Part 3 / Chapter 38 / Section 3801
35-A §3801. Short title
Status: in_force

This chapter may be known and cited as "the Beneficial Electrification Policy Act." [PL 2023, c. 328, §1 (NEW).]
35-A M.R.S. § 9407 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9407
35-A §9407. Tax exemptions; taxable bonds
Status: in_force

1. Bonds exempt from taxation. Bonds of the authority constitute a proper public purpose and the bonds, their transfer and the income from them, including any profits made on their sale, must at all times be exempt from taxation within the State, whether or not those bonds, their transfer or the income from them, including any profits made on their sale, are subject to taxation under the United States Internal Revenue Code of 1986, as amended. [PL 2021, c. 364, §3 (NEW).]

2. Conveyances, leases, mortgages, deeds of trust and trust indentures exempt from taxation. Conveyances by or to the authority and leases, mortgages and deeds of trust or trust indentures by or to the authority are exempt from all taxation by the State or any of its political subdivisions, including, but not limited to, any applicable license, excise or other taxes imposed in respect of the privilege of engaging in any of the activities in which the authority may engage. [PL 2021, c. 364, §3 (NEW).]

3. Property exempt from taxation and other assessments. Property acquired, held or transferred by the authority is exempt from all taxes and from betterments and special assessments of the city, town, county, State or any political subdivision of the State. The authority may agree to make payments in lieu of taxes to the applicable political subdivisions. [PL 2021, c. 364, §3 (NEW).]

4. Taxable bonds. The authority is authorized to agree and consent to the inclusion of interest on any of its bonds, under the United States Internal Revenue Code of 1986 or any subsequent corresponding internal revenue law of the United States, in the gross income of the holders of any such bonds to the same extent and in the same manner that the interest on bills, bonds, notes or other obligations of the United States is includable in the gross income of the holders of such bills, bonds, notes or other obligations under the United States Internal Revenue Code of 1986 or any such subsequent law. [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 3136 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3136
35-A §3136. Transmission and distribution utilities have eminent domain; approval
Status: in_force

1. Land necessary for location of transmission lines carrying 5,000 volts. Subject to approval by the commission under subsection 4 and the requirements of subsection 6 , if applicable, a transmission and distribution utility may take and hold by right of eminent domain lands and easements necessary for the proper location of its transmission lines that are designed to carry voltages of 5,000 volts or more and of necessary appurtenances, located within the territory in which the utility is authorized to do public utility business, in the same manner and under the same conditions as set forth in chapter 65 . Notwithstanding section 6501, subsection 1 and section 6507, subsection 4 , owners are entitled to damages for all property taken by eminent domain in accordance with subsection 5 . [PL 2023, c. 644, §3 (AMD).]

2. Right of eminent domain not applicable. The right of eminent domain granted in subsection 1 does not apply to: A. Lands or easements located within 300 feet of an inhabited dwelling; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Lands or easements on or adjacent to any developed or undeveloped water power; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Lands or easements so closely paralleling existing wire lines of other utilities that the proposed transmission lines would substantially interfere with service rendered over the existing lines, except with the consent of the owners; [PL 2001, c. 608, §2 (AMD).] D. Lands or easements owned or used by railroad corporations, except as authorized pursuant to section 2311 ; and [PL 2001, c. 608, §2 (AMD).] E. Lands or easements owned by the State. [PL 2001, c. 608, §2 (NEW).] [PL 2001, c. 608, §2 (AMD).]

3. Prior right to locate distribution lines and appurtenances in right-of-way limits of public way. Subject to approval by the commission under subsection 4 , transmission and distribution utilities may take and hold by right of eminent domain land or easements necessary for the proper location of their distribution lines and the necessary appurtenances, but only where the transmission and distribution utilities had a prior right to locate their distribution lines and necessary appurtenances in the right-of-way limits of a public way and the body having jurisdiction over the public way has caused the utility to remove its distribution lines and appurtenant structures outside the right-of-way limits of the public way. This right does not apply to lands or easements as specified in subsection 2, paragraphs B , C , D and E . [PL 2007, c. 148, §13 (AMD).]

4. Commission approval required; certificate of public convenience and necessity; offer requirements for high-impact electric transmission line; environmental factors. A location to be taken by eminent domain for such transmission or distribution lines must be approved by the commission before a transmission and distribution utility can exercise the right of eminent domain granted in subsection 1 or subsection 3 . The commission may not approve a location to be taken by eminent domain for the construction, rebuilding or relocation of a transmission line that requires a certificate of public convenience and necessity under section 3132 , unless the commission has issued a certificate of public convenience and necessity for that transmission line and, for a high‑impact electric transmission line, the transmission and distribution utility has met the offer requirements described in paragraph A . Environmental factors to be considered for proper location of a transmission line are not subject to review by the commission under this section when the location of the transmission line has received site location of development approval under Title 38, section 484 . A. If the transmission and distribution utility is seeking commission approval for the taking of a location by eminent domain for the construction, rebuilding or relocation of a high‑impact electric transmission line on a lot or parcel of real property that is 200 contiguous acres or less and the transmission and distribution utility seeks to take less than the entire property, the transmission and distribution utility must demonstrate to the commission that, in its negotiations with the owner of the property for a voluntary acquisition of the location, it made both an offer for the taking of title to the entire property in fee simple absolute and an offer for the taking of only that portion of the property sought by the utility and that the owner did not accept either offer. [PL 2023, c. 644, §4 (NEW).] [PL 2023, c. 644, §4 (AMD).]

5. Owner entitled to damages. The owner of a property taken by eminent domain by a transmission and distribution utility for the construction, rebuilding or relocation of a transmission line is entitled to damages for all property taken, which must be determined using the methods set forth in Title 23, sections 154 to 154‑F . [PL 2023, c. 644, §5 (NEW).]

6. Taking by transmission and distribution utility of location on property that is 200 acres or less for high-impact electric transmission line; owner option. If the commission, in accordance with subsection 4 , approves a taking by eminent domain by a transmission and distribution utility for the construction, rebuilding or relocation of a high‑impact electric transmission line when the location subject to the taking is a lot or parcel of real property that is 200 contiguous acres or less and the transmission and distribution utility seeks and the commission has approved a taking of less than the entire property, the following requirements apply: A. The damages estimated by the county commissioners in accordance with section 6503, subsection 2 must include 2 estimates, one for the taking of title to the entire property in fee simple absolute and one for the taking of only that portion of the property approved for a taking by the commission; and [PL 2023, c. 644, §6 (NEW).] B. The owner of the property has the option to require the transmission and distribution utility to take the entire property in fee simple absolute and, if the owner elects to require the transmission and distribution utility to take the entire property, the commission shall approve the taking of the entire property. [PL 2023, c. 644, §6 (NEW).] [PL 2023, c. 644, §6 (NEW).]

7. Property taken for high-impact electric transmission line; notice and educational materials. The commission shall adopt routine technical rules regarding the provision of notice to an owner of real property whose property may be taken by eminent domain for the construction, rebuilding or relocation of a high‑impact electric transmission line by an entity selected to construct a high‑impact electric transmission line pursuant to section 3210‑I, subsection 2 , or a transmission and distribution utility as well as to an owner of real property whose property abuts the proposed high‑impact electric transmission line. The notice must include educational materials that include, but are not limited to, materials describing the high‑impact electric transmission line development process and must be sent by certified mail. The rules must establish requirements for the notice and educational materials including: A. The appearance and contents of the notice and materials; [PL 2023, c. 644, §7 (NEW).] B. The appearance of the envelope that includes the notice and materials; [PL 2023, c. 644, §7 (NEW).] C. The information to be included relating to the high‑impact electric transmission line development process; [PL 2023, c. 644, §7 (NEW).] D. The information that describes the scope of the proposed high‑impact electric transmission line; [PL 2023, c. 644, §7 (NEW).] E. The rights and opportunities of an owner of real property to participate in the development process; [PL 2023, c. 644, §7 (NEW).] F. Resources that may be available to assist an owner of real property, which may include resources for legal assistance; and [PL 2023, c. 644, §7 (NEW).] G. The time frame for when the notice and educational materials must be sent to an owner of real property. [PL 2023, c. 644, §7 (NEW).] The commission shall review and approve the notice and educational materials the transmission and distribution utility or entity is required to send before the notice and educational materials are provided to an owner of real property. The commission may request that a state agency or other commission review any educational materials that address activities relating to the high-impact electric transmission line development process that are undertaken by that other state agency or other commission. [PL 2023, c. 644, §7 (NEW).]

8. High-impact electric transmission line; fees and expenses incurred by property owner. A transmission and distribution utility that takes a location by eminent domain for the construction, rebuilding or relocation of a high‑impact electric transmission line is responsible for a property owner's fees and expenses associated with seeking an award of damages in accordance with this subsection. A. If the award for damages, as determined by the county commissioners in accordance with section 6503, subsection 2 or the Superior Court in accordance with section 6507 , is more than 40% and at least $25,000 greater than the last written offer of compensation prior to the property owner's or transmission and distribution utility's filing of a request for the determination of damages or an appeal of such determination to the Superior Court, the county commissioners or the court shall award the owner reasonable attorney's fees, litigation expenses, appraisal fees, other experts' fees and other related costs in addition to other compensation authorized by this section. [PL 2023, c. 644, §8 (NEW).] B. If the award for damages is at least 20%, but not more than 40%, and at least $10,000 greater than the last written offer of compensation, the county commissioners or the court may award reasonable fees and expenses described in paragraph A . [PL 2023, c. 644, §8 (NEW).] C. No attorney's fees may be awarded under this subsection if the award of damages is $25,000 or less. [PL 2023, c. 644, §8 (NEW).] D. If the award of damages is less than 20% greater than the last written offer of compensation, the owner of the property is responsible for the owner's own costs. [PL 2023, c. 644, §8 (NEW).] For the purposes of this subsection, "last written offer of compensation" means the last offer of compensation made by the transmission and distribution utility and, in the case of a taking of only a portion of a lot or parcel of real property, the last offer made for the portion of the property sought by the transmission and distribution utility. "Last written offer of compensation" does not include the offer for the taking of title to the entire property in fee simple absolute as required by subsection 4 . [PL 2023, c. 644, §8 (NEW).]

9. Definition. For the purposes of this section, "high‑impact electric transmission line" means a transmission line of any length that is: A. Constructed to transmit direct current electricity; or [PL 2023, c. 644, §9 (NEW).] B. Capable of operating at 345 kilovolts or more; and (1) Is not a generator interconnection transmission facility as defined in section 3132, subsection 1‑B ; and (2) Is not constructed primarily to provide electric reliability, as determined by the commission. [PL 2023, c. 644, §9 (NEW).] [PL 2023, c. 644, §9 (NEW).]
35-A M.R.S. § 3451 — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3451
35-A §3451. Definitions
Status: reserved

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 661, Pt. A, §7 (NEW).]

1. Associated facilities. "Associated facilities" means elements of a wind energy development other than its generating facilities that are necessary to the proper operation and maintenance of the wind energy development, including but not limited to buildings, access roads, generator lead lines and substations. [PL 2007, c. 661, Pt. A, §7 (NEW).]

1-A. Best practical mitigation. "Best practical mitigation" means methods or technologies used during construction or operation of a wind energy development that control or reduce to the lowest feasible level impacts to scenic or wildlife resources in accordance with rules adopted by the department. "Best practical mitigation" may include, but is not limited to, turbine and blade coloration to reduce visual impacts, aircraft detection technologies to reduce the need for aircraft hazard warning lighting, technologies to detect at-risk animal populations and modification or curtailment of operations during specified times or conditions to reduce bird and bat mortality. [PL 2013, c. 325, §1 (NEW).]

1-B. Community benefit agreement. "Community benefit agreement" means an agreement between the developer of an expedited wind energy development and a host community that involves payments by the developer to the host community to be utilized for public purposes, including, but not limited to, for property tax reductions, economic development projects, land and natural resource conservation, tourism promotion or reduction of energy costs, and that specifies in writing: A. The value of any lump sum payments made by the developer to the host community; and [PL 2009, c. 642, Pt. A, §2 (NEW).] B. Any payment schedule and associated terms and conditions for payments to be made over time by the developer to the host community. [PL 2009, c. 642, Pt. A, §2 (NEW).] [PL 2009, c. 642, Pt. A, §2 (NEW).]

1-C. Community benefits package. "Community benefits package" means the aggregate collection of tangible benefits resulting from any of the following: A. Payments, not including property tax payments, to the host community or communities, including, but not limited to, payments under community benefit agreements; [PL 2009, c. 642, Pt. A, §3 (NEW).] B. Payments that reduce energy costs in the host community or communities; and [PL 2009, c. 642, Pt. A, §3 (NEW).] C. Any donations for land or natural resource conservation. [PL 2009, c. 642, Pt. A, §3 (NEW).] [PL 2009, c. 642, Pt. A, §3 (NEW).]

1-D. Combined observation. "Combined observation" means a view from a scenic resource of state or national significance of more than one group of generating facilities located within the viewshed of the scenic resource of state or national significance within the field of view of a stationary viewer. [PL 2015, c. 190, §1 (NEW).]

1-E. Cumulative scenic impact or effect. "Cumulative scenic impact or effect" means the potential adverse effect on the scenic character and existing uses related to the scenic character of scenic resources of state or national significance resulting from the incremental impact of a proposed wind energy development when added to the effects of other existing, permitted or pending wind energy developments within the viewshed of a scenic resource of state or national significance. For the purposes of this subsection, a pending wind energy development is a wind energy development for which an application has been submitted to and determined complete for processing by the department. A determination of cumulative scenic impact or effect may be based upon the combined observation, successive observation or sequential observation of wind energy developments located within the viewshed of a scenic resource of state or national significance as viewed from a scenic resource of state or national significance. [PL 2015, c. 190, §1 (NEW).]

2. Department. "Department" means the Department of Environmental Protection. [PL 2007, c. 661, Pt. A, §7 (NEW).]

3. Expedited permitting area. "Expedited permitting area" means: A. The organized areas of the State in their entirety, but not including waters subject to tidal influence, so that the edge of the area that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the United States Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service defines the boundary of the expedited permitting area on lands abutting waters subject to tidal influence; and [PL 2007, c. 661, Pt. A, §7 (NEW).] B. Specified places within the unorganized and deorganized areas that are identified by rule by the Maine Land Use Planning Commission in accordance with this chapter. [PL 2015, c. 265, §3 (AMD); PL 2015, c. 265, §10 (AFF).] [PL 2015, c. 265, §3 (AMD); PL 2015, c. 265, §10 (AFF).]

4. Expedited wind energy development. "Expedited wind energy development" means a grid-scale wind energy development or a port facility necessary to the proper operation and maintenance of an offshore wind power project as defined in section 3401‑A, subsection 15 that is proposed for location within an expedited permitting area. [PL 2023, c. 481, §9 (AMD).]

5. Generating facilities. "Generating facilities" means wind turbines and towers and transmission lines, not including generator lead lines, that are immediately associated with the wind turbines. [PL 2007, c. 661, Pt. A, §7 (NEW).]

6. Grid-scale wind energy development. "Grid-scale wind energy development" means a wind energy development that is of a size that would qualify as a development of state or regional significance that may substantially affect the environment as defined under Title 38, section 482, subsection 2, paragraph A or paragraph C . [PL 2007, c. 661, Pt. A, §7 (NEW).]

7. Host community. "Host community" means: A. The following entities: (1) A municipality or plantation in which the generating facilities of an expedited wind energy development are located; (2) If the generating facilities of an expedited wind energy development are located in a township, the county in which those facilities are located; (3) If the generating facilities of an expedited wind energy development are located on Passamaquoddy Indian territory, as defined in Title 30, section 6203, subsection 6 , the Passamaquoddy Tribe, if the Passamaquoddy Tribe notifies the primary siting authority that it chooses to be considered a host community for purposes of this chapter with respect to the expedited wind energy development; (4) If the generating facilities of an expedited wind energy development are located on Penobscot Indian territory, as defined in Title 30, section 6203, subsection 9 , the Penobscot Nation if the Penobscot Nation notifies the primary siting authority that it chooses to be considered a host community for purposes of this chapter with respect to the expedited wind energy development; or (5) If the generating facilities of an expedited wind energy development are located on Qualifying Band Trust Land, the Mi'kmaq Nation, if the Mi'kmaq Nation notifies the primary siting authority that it chooses to be considered a host community for purposes of this chapter with respect to the expedited wind energy development; and [PL 2009, c. 642, Pt. A, §4 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).] B. When the generating facilities of an expedited wind energy development are located within the State's unorganized or deorganized areas and the developer selects a municipality; plantation; township; Passamaquoddy Indian territory, as defined in Title 30, section 6203, subsection 6 ; Penobscot Indian territory, as defined in Title 30, section 6203, subsection 9 ; or Qualifying Band Trust Land proximate to the location of the generating facilities for the purpose of providing specific tangible benefits: (1) In the case of a municipality or plantation that is selected, the municipality or plantation; (2) In the case of a township that is selected, the county in which that township is located; (3) In the case of Passamaquoddy Indian territory that is selected, the Passamaquoddy Tribe if the Passamaquoddy Tribe notifies the primary siting authority that it chooses to be considered a host community for purposes of this chapter with respect to the expedited wind energy development; (4) In the case of Penobscot Indian territory that is selected, the Penobscot Nation if the Penobscot Nation notifies the primary siting authority that it chooses to be considered a host community for purposes of this chapter with respect to the expedited wind energy development; and (5) In the case of Qualifying Band Trust Land that is selected, the Mi'kmaq Nation, if the Mi'kmaq Nation notifies the primary siting authority that it chooses to be considered a host community for purposes of this chapter with respect to the expedited wind energy development. [PL 2009, c. 642, Pt. A, §4 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).] An expedited wind energy development may have multiple host communities. [PL 2009, c. 642, Pt. A, §4 (AMD); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).]

8. Primary siting authority. "Primary siting authority" means: A. The department, in the case of an expedited wind energy development subject to the department's jurisdiction pursuant to Title 38, chapter 3, subchapter 1, article 6 , including, but not limited to, a development subject to the department's jurisdiction pursuant to Title 38, section 488, subsection 9‑A ; or [PL 2011, c. 682, §26 (AMD).] B. The Maine Land Use Planning Commission, in the case of a community-based offshore wind energy project as defined in Title 12, section 682, subsection 19 and a wind energy development in the unorganized and deorganized areas that is not grid-scale wind energy development. [PL 2015, c. 265, §4 (AMD); PL 2015, c. 265, §10 (AFF).] [PL 2015, c. 265, §4 (AMD); PL 2015, c. 265, §10 (AFF).]

8-A. Qualifying Band Trust Land. "Qualifying Band Trust Land" means Band Trust Land, as defined in the federal Aroostook Band of Micmacs Settlement Act, Public Law 102-171, 105 Stat. 1143 (1991), over which the Mi'kmaq Nation possesses municipal authority with respect to expedited wind energy development. For purposes of this subsection, "municipal authority" means the rights, privileges, powers and immunities of a municipality that are specified in legislation specifically authorizing the exercise of those government powers and that are equivalent to the rights, privileges, powers and immunities possessed by the Penobscot Nation and the Passamaquoddy Tribe with respect to expedited wind energy development within their respective Indian territories pursuant to Title 30, section 6206 . [PL 2009, c. 642, Pt. A, §5 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).]

9. Scenic resource of state or national significance. "Scenic resource of state or national significance" means an area or place owned by the public or to which the public has a legal right of access that is: A. A national natural landmark, federally designated wilderness area or other comparable outstanding natural and cultural feature, such as the Orono Bog or Meddybemps Heath; [PL 2007, c. 661, Pt. A, §7 (NEW).] B. A property listed on the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended, including, but not limited to, the Rockland Breakwater Light and Fort Knox; [PL 2007, c. 661, Pt. A, §7 (NEW).] C. A national or state park; [PL 2007, c. 661, Pt. A, §7 (NEW).] D. A great pond that is: (1) One of the 66 great ponds located in the State's organized area identified as having outstanding or significant scenic quality in the "Maine's Finest Lakes" study published by the Executive Department, State Planning Office in October 1989; or (2) One of the 280 great ponds in the State's unorganized or deorganized areas designated as outstanding or significant from a scenic perspective in the "Maine Wildlands Lakes Assessment" published by the Maine Land Use Regulation Commission in June 1987; [PL 2007, c. 661, Pt. A, §7 (NEW).] E. A segment of a scenic river or stream identified as having unique or outstanding scenic attributes listed in Appendix G of the "Maine Rivers Study" published by the former Department of Conservation in 1982; [PL 2013, c. 405, Pt. D, §13 (AMD).] F. A scenic viewpoint located on state public reserved land or on a trail that is used exclusively for pedestrian use, such as the Appalachian Trail, that the Department of Agriculture, Conservation and Forestry designates by rule adopted in accordance with section 3457 ; [PL 2007, c. 661, Pt. A, §7 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).] G. A scenic turnout constructed by the Department of Transportation pursuant to Title 23, section 954 on a public road that has been designated by the Commissioner of Transportation pursuant to Title 23, section 4206, subsection 1, paragraph G as a scenic highway; or [PL 2007, c. 661, Pt. A, §7 (NEW).] H. Scenic viewpoints located in the coastal area, as defined by Title 38, section 1802, subsection 1 , that are ranked as having state or national significance in terms of scenic quality in: (1) One of the scenic inventories prepared for and published by the Executive Department, State Planning Office: "Method for Coastal Scenic Landscape Assessment with Field Results for Kittery to Scarborough and Cape Elizabeth to South Thomaston," Dominie, et al., October 1987; "Scenic Inventory Mainland Sites of Penobscot Bay," Dewan and Associates, et al., August 1990; or "Scenic Inventory: Islesboro, Vinalhaven, North Haven and Associated Offshore Islands," Dewan and Associates, June 1992; or (2) A scenic inventory developed by or prepared for the Executive Department, former State Planning Office or the Department of Agriculture, Conservation and Forestry in accordance with section 3457 . [PL 2011, c. 655, Pt. KK, §22 (AMD); PL 2011, c. 655, Pt. KK, §34 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] [PL 2013, c. 405, Pt. D, §13 (AMD).]

9-A. Sequential observation. "Sequential observation" means a view of more than one group of generating facilities located within the viewshed of a scenic resource of state or national significance as the viewer travels along the portion of a linear route that is located within the viewshed of a scenic resource of state or national significance. For the purposes of this subsection, a linear route is a scenic resource of state or national significance that is a trail that is used exclusively for pedestrian use and has been designated as a national scenic trail. [PL 2015, c. 190, §2 (NEW).] Revisor's Note: (Subsection 9-A as enacted by PL 2015, c. 265, §5 is REALLOCATED TO TITLE 35-A, SECTION 3451, SUBSECTION 9-C)

9-B. Successive observation. "Successive observation" means views from a scenic resource of state or national significance of more than one group of generating facilities located within the viewshed of a scenic resource of state or national significance from a single viewpoint as a result of a viewer turning the viewer's head or body. [PL 2015, c. 190, §2 (NEW).]

9-C. (REALLOCATED FROM T. 35-A, §3451, sub-§9-A) Specified place. "Specified place" means the entirety or a portion of a township, plantation or municipality in the unorganized and deorganized areas, or a combination thereof. [PL 2015, c. 265, §5 (NEW); RR 2015, c. 1, §38 (RAL).]

10. Tangible benefits. "Tangible benefits" means environmental or economic improvements or benefits to residents of this State attributable to the construction, operation and maintenance of an expedited wind energy development, including but not limited to: property tax payments resulting from the development; other payments to a host community, including, but not limited to, payments under a community benefit agreement; construction-related employment; local purchase of materials; employment in operations and maintenance; reduced property taxes; reduced electrical rates; land or natural resource conservation; performance of construction, operations and maintenance activities by trained, qualified and licensed workers in accordance with Title 32, chapter 17 and other applicable laws; or other comparable benefits, with particular attention to assurance of such benefits to the host community or communities to the extent practicable and affected neighboring communities. [PL 2009, c. 642, Pt. A, §6 (AMD).]

10-A. Unorganized and deorganized areas. "Unorganized and deorganized areas" has the same meaning as in Title 12, section 682, subsection 1 . [PL 2015, c. 265, §6 (NEW); PL 2015, c. 265, §10 (AFF).] Revisor's Note: (Subsection 10-A as enacted by PL 2015, c. 190, §3 is REALLOCATED TO TITLE 35-A, SECTION 3451, SUBSECTION 10-B)

10-B. (REALLOCATED FROM T. 35-A, §3451, sub-§10-A) Viewshed of a scenic resource of state or national significance. "Viewshed of a scenic resource of state or national significance" means the geographic area as viewed from a scenic resource of state or national significance that includes the proposed wind energy development. The viewshed of a scenic resource of state or national significance may include the proposed wind energy development visible from a single viewer position or the proposed wind energy development visible from multiple viewer positions. The viewshed of a scenic resource of state or national significance is limited to the geographic area within 8 miles, measured horizontally, from the proposed wind energy development's generating facilities. [PL 2015, c. 190, §3 (NEW); RR 2015, c. 1, §39 (RAL).]

11. Wind energy development. "Wind energy development" means a development that uses a windmill or wind turbine to convert wind energy to electrical energy for sale or use by a person other than the generator. A wind energy development includes generating facilities and associated facilities. [PL 2007, c. 661, Pt. A, §7 (NEW).]
35-A M.R.S. § 4706-B — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4706-B
35-A §4706-B. Assistance programs for low-income customers
Status: in_force

1. Programs. Each gas utility in the State that serves 5,000 or more residential customers shall offer low-income assistance programs for residential customers who satisfy criteria for low-income assistance as established by the commission in rule. To the maximum extent possible, a gas utility, in adopting and implementing a low-income assistance program under this section, shall seek to encourage conservation in the use of gas by program participants. [PL 2009, c. 35, §2 (NEW).]

2. Cost recovery. The commission shall include in rates for a gas utility all costs incurred in compliance with this section and commission rules adopted under this section, as long as such costs have been prudently incurred. [PL 2009, c. 35, §2 (NEW).]

3. Rules. The commission may adopt rules necessary to implement this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 35, §2 (NEW).]

4. Report. The commission shall report on low-income assistance programs offered by gas utilities pursuant to this section within the annual report required under section 120 . [PL 2009, c. 35, §2 (NEW).]
35-A M.R.S. § 754 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 754
35-A §754. Prohibited activities
Status: in_force

The following activities are prohibited until the requirements of sections 756 and 757 are met. [PL 1995, c. 348, §1 (NEW).]

1. Perform work. A person may not individually or through an agent or as an agent or employee perform any work or activity on any land, building, highway or other premises that may cause: A. A person to be placed within 10 feet of an overhead high-voltage line; or [PL 1995, c. 348, §1 (NEW).] B. A tool or material used by a person to be brought within 10 feet of an overhead high-voltage line. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]

2. Erect; construct; operate; maintain; transport; store. A person may not, individually or through an agent or employee or as an agent or employee, erect, construct, operate, maintain, transport or store any covered equipment or item within 10 feet of an overhead high-voltage line, except as allowed in this subsection. The clearance from an overhead high-voltage line may be less than 10 feet but not less than 4 feet for the following covered equipment or items in the following circumstances: A. A sail boat on high water; [PL 1995, c. 348, §1 (NEW).] B. Covered equipment lawfully driven or transported on public streets and highways in compliance with the height restriction applicable to that street or highway; or [PL 1995, c. 348, §1 (NEW).] C. Refuse collection equipment wherever operated. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]

3. Operate airplane or helicopter. A person may not, individually or through an agent or employee or as an agent or employee, operate or cause to be operated an airplane or helicopter within 20 feet of an overhead high-voltage line, except that no clearance is specified for licensed aerial spray applicators that may incidentally pass within the 20-foot limitation during normal operation. [PL 1995, c. 348, §1 (NEW).]

4. Store. A person may not, individually or through an agent or employee or as an agent or employee, store or cause to be stored, underneath or in proximity to an overhead high-voltage line, any materials that are expected to be moved or handled by covered equipment in a manner that could bring the materials or the covered equipment within 10 feet of an overhead high-voltage line. [PL 1995, c. 348, §1 (NEW).]

5. Provide additional clearance. A person may not, individually or through an agent or employee or as an agent or employee, provide or cause to be provided additional clearance by: A. Raising, moving or displacing an overhead utility line of any type or nature, including high-voltage, low-voltage, telephone, cable television, fire alarm or other line; or [PL 1995, c. 348, §1 (NEW).] B. Pulling or pushing a pole, guy or other structural appurtenance. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]
35-A M.R.S. § 1705 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1705
35-A §1705. Relationship with the Attorney General
Status: in_force

This section in no way limits the rights of the Attorney General to intervene before the commission or to appeal from commission orders or decisions. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10111 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10111
35-A §10111. Natural gas conservation program
Status: in_force

1. Program established. In accordance with the goals and objectives of the triennial plan, the trust shall establish a cost-effective conservation program to promote the efficient use of natural gas. Each gas utility in the State shall contribute data and other relevant information to assist in the development of the program. In determining whether the program is cost-effective, the trust may consider whether it promotes sustainable economic development or reduces greenhouse gas emissions to the extent the trust can quantify or otherwise reasonably identify such effects. The trust shall encourage efficiency in natural gas use, provide incentives for cost-effective energy efficiency measures in the State and take into account the cost and benefits of energy efficiency and conservation to existing business activity in the State. A. The trust shall consider, without limitation, a natural gas conservation program that: (1) Increases consumer awareness of cost-effective options for conserving energy; (2) Creates more favorable market conditions for the increased use of efficient products and services; and (3) Promotes sustainable economic development and reduces environmental damage. [PL 2009, c. 372, Pt. B, §3 (NEW).] B. The trust shall apportion available funds such that: (1) A reasonable percentage of the available funds is directed to programs for low-income residential consumers, as defined by the trust. The trust shall establish the percentage based on an assessment of the opportunity for cost-effective conservation measures for such consumers, including an assessment of the number of low-income residential consumers that may be eligible for such programs; (2) A reasonable percentage of the available funds is directed to programs for small business consumers, as defined by the trust. The trust shall establish the percentage based on an assessment of the opportunity for cost-effective conservation measures for such consumers. In defining "small business" for the purposes of this subparagraph, the trust shall consider definitions of that term used for other programs in this State that assist small businesses; and (3) To the greatest extent practicable, the remaining available funds are apportioned in a manner that allows all other consumers to have a reasonable opportunity to participate in one or more conservation programs. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2019, c. 313, §9 (AMD).]

2. Natural gas conservation fund; procurement level. The natural gas conservation fund, which is a nonlapsing fund, is established to carry out the purposes of this section. The commission ensure that gas utilities on behalf of their ratepayers procure through the trust the maximum achievable cost-effective natural gas energy efficiency and conservation resources pursuant to section 10104, subsection 4 . The commission may issue any appropriate order to the gas utilities necessary to achieve the goals of this subsection, including the collection of funds for the procurement of cost-effective energy efficiency resources. The commission shall direct a gas utility that collects any funds under this subsection from a customer that is a large-volume manufacturer and large-volume agricultural business to collect the funds only on the first 1,000,000 centum cubic feet of natural gas used by that manufacturer or agricultural business in each year. The limitation on the collection of the funds from large-volume manufacturers and large-volume agricultural businesses may not affect the trust's determination of the amount necessary to capture all cost-effective energy efficiency that is achievable and reliable. The limitation does not prohibit the eligibility of a large-volume manufacturer or large-volume agricultural business to participate in a natural gas conservation program. All amounts collected under this subsection must be transferred to the natural gas conservation fund. Any interest on funds in the fund must be credited to the fund. Funds not spent in any fiscal year remain in the fund to be used for the purposes of this section. The funds collected from gas utilities under this section are just and reasonable costs for rate-making purposes and must be reflected in the rates of gas utilities. All funds collected pursuant to this section are collected under the authority and for the purposes of this section and are deemed to be held in trust for the purposes of benefiting natural gas consumers. In the event funds are not expended or contracted for expenditure within 2 years of being collected from consumers, the commission shall ensure that the value of those funds is returned to consumers. For purposes of this subsection, "large-volume manufacturer" means a customer that is a gas utility ratepayer engaged in manufacturing in the State and purchases at least 1,000,000 centum cubic feet of natural gas per year. For purposes of this subsection, "large-volume agricultural business" means a customer that is a gas utility ratepayer that purchases at least 1,000,000 centum cubic feet of natural gas per year and is engaged in the commercial growing or harvesting of plants or commercial aquaculture, as defined in Title 12, section 6001, subsection 1, in the State. When determining the maximum achievable cost-effective natural gas energy efficiency resources, the commission shall apply the discount rate adopted by the trust and ensure that the calculations of avoided energy costs are consistent with rules adopted by the trust and are supported by evidence in the record. Avoided energy costs must include but are not limited to the retail value of natural gas supply including a wholesale risk premium and demand reduction induced price effects. The trust shall use, and the commission shall give deference to, values for each element of avoided energy cost from a regional avoided energy cost study as long as the analysis has been developed through a transparent process, with input from state agencies, public advocates, utilities or energy efficiency administrators from at least 3 other states in New England and the analysis has been published not more than 24 months prior to the trust's filing of the triennial plan. When values specific to the State are not available in the regional study, the trust may use, and the commission shall give deference to, regional values provided in that regional study or values determined from other sources when supported by evidence in the record. Rules adopted by the commission under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 313, §10 (AMD).]

2-A. Exemption. A wholesale electricity-generating facility that has a nameplate capacity of 3 megawatts or greater is not eligible to participate in any natural gas conservation program under this section. The commission may not allow a gas utility to collect an assessment under this section through its rates from a wholesale electricity-generating facility that has a nameplate capacity of 3 megawatts or greater. [PL 2015, c. 425, §2 (NEW).]

3. Rules. The trust may adopt rules necessary to implement this section. Rules adopted by the trust under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 372, Pt. B, §3 (NEW).]

4. Effective date. This section takes effect July 1, 2010. [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 10205 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10205
35-A §10205. Commercial PACE assessments; collection; priority
Status: in_force

1. Collection of assessments. A commercial PACE assessment constitutes a lien on the qualifying property until it is paid in full and must be assessed and collected by the trust, a 3rd-party administrator contracted by the trust, a municipality or an agent designated by the trust or a municipality in any manner allowed under the commercial PACE program, consistent with applicable laws. If the trust or a 3rd-party administrator contracted by the trust collects commercial PACE assessments on behalf of a municipality, the trust shall periodically report to the municipality on the status of the commercial PACE assessments in the municipality and shall notify the municipality immediately of any delinquent commercial PACE assessments. Upon receiving notification from the trust of a delinquent commercial PACE assessment, a municipality shall notify the holder of any mortgage on the property of the delinquent assessment. [PL 2021, c. 142, §1 (NEW).]

2. Notice; filing. A notice of a commercial PACE agreement must be filed in the appropriate registry of deeds. The filing of this notice creates a commercial PACE lien against the property subject to the commercial PACE assessment until the amounts due under the terms of the commercial PACE agreement are paid in full. A notice filed under this subsection must, at a minimum, include: A. The amount of funds disbursed or to be disbursed pursuant to the commercial PACE agreement; [PL 2021, c. 142, §1 (NEW).] B. The names and addresses of the current owners of the qualifying property subject to the commercial PACE assessment; [PL 2021, c. 142, §1 (NEW).] C. A description of the qualifying property subject to the commercial PACE assessment, including its tax map and lot number; [PL 2021, c. 142, §1 (NEW).] D. The duration of the commercial PACE agreement; [PL 2021, c. 142, §1 (NEW).] E. The name and address of the entity filing the notice; and [PL 2021, c. 142, §1 (NEW).] F. Written verification of mortgage lender consent, if there is a mortgage on the property. [PL 2021, c. 142, §1 (NEW).] [PL 2021, c. 142, §1 (NEW).]

3. Priority. A commercial PACE lien secures payment for any unpaid commercial PACE assessment and, together with all associated interest and penalties for default and associated attorney's fees and collection costs, takes precedence over all other liens or encumbrances except a lien for real property taxes of the municipality and liens of municipal sewer, sanitary and water districts. From the date of recording, a commercial PACE lien is a priority lien against a property, subject only to liens set out in section 6111‑A , Title 36, section 552 and Title 38, sections 1050 and 1208 , except that the priority of such a commercial PACE lien over any lien, except a lien for real property taxes of the municipality or a lien of a municipal sewer, sanitary or water district, that existed prior to the commercial PACE lien is subject to the written consent of such existing lienholder. [PL 2021, c. 142, §1 (NEW).]

4. Mortgage lender notice and consent. Any financial institution holding a lien, mortgage or security interest in or other collateral encumbrance on the property for which a commercial PACE assessment is sought must be provided written notice of the commercial property owner's intention to participate in the commercial PACE program and must acknowledge in writing to the commercial property owner and municipality that the financial institution has received such notice. A commercial PACE assessment may not be approved until the financial institution holding the lien, mortgage or security interest in or other collateral encumbrance on the property has provided written consent to the commercial property owner and municipality that the borrower may participate and enroll the collateral property in the commercial PACE program. This written consent must be filed in the registry of deeds and must include a written acknowledgement and understanding by the financial institution holding the lien, mortgage or security interest in or other collateral encumbrance on the property: A. Of the priority status provided to commercial PACE liens pursuant to subsection 3 ; [PL 2021, c. 142, §1 (NEW).] B. Of the foreclosure process applicable to properties subject to commercial PACE liens under subsection 5 ; and [PL 2021, c. 142, §1 (NEW).] C. That the financial institution is not required to but has voluntarily elected to consent to the enrollment of the property in the commercial PACE program. [PL 2021, c. 142, §1 (NEW).] [PL 2021, c. 142, §1 (NEW).]

5. Collection, default and foreclosure. A commercial PACE assessment for which notice is properly recorded under this section creates a lien on the property. The portion of the assessment that has not yet become due is not eliminated by foreclosure, and the lien may not be accelerated or extinguished until fully repaid. A commercial PACE assessment and any interest, fees, penalties and attorney's fees incurred in its collection must be collected in the same manner as the real property taxes of the municipality in which the property is located. If a commercial PACE assessment is delinquent or in default and the borrower or property owner is delinquent in any tax debt due to the municipality in which the property is located, collection may occur only by the recording of liens and by foreclosure under Title 36, sections 942 and 943 . Liens must be recorded and released in the same manner as liens for real property taxes. If only a commercial PACE assessment is delinquent but the borrower or property owner is current on payment of all municipal taxes due to the participating municipality, then a commercial PACE lienholder shall accept an assignment of the commercial PACE lien, as provided in the written agreement between the participating municipality and the commercial PACE lender. The assignee shall have and possess all the same powers and rights at law as the participating municipality and its tax collector with regards to the priority of the commercial PACE lien, the accrual of interest and fees and the costs of collection. The assignee shall have the same rights to enforce the commercial PACE lien as any private party or lender holding a lien on real property, including, but not limited to, the right of foreclosure consistent with Title 14, sections 6203‑A and 6321 and any other action in contract or lawsuit for the enforcement of the commercial PACE lien. The assignee shall recover costs and reasonable attorney's fees incurred as a result of any foreclosure action or other legal proceeding brought pursuant to this subsection, which may be collected by the assignee at any time after the assignee has made demand for payment. [PL 2021, c. 142, §1 (NEW).]

6. Judicial or nonjudicial sale or foreclosure. In the event of a judicial or nonjudicial sale or foreclosure of a property subject to a commercial PACE lien by a lienholder that is not a commercial PACE lienholder, the commercial PACE lien must survive the foreclosure or sale to the extent of any unpaid installment, interest, penalties or fees secured by the lien that were not paid from the proceeds of the sale. All parties with mortgages or liens on that property, including without limitation commercial PACE lienholders, must receive on account of such mortgages or liens sale proceeds in accordance with the priority established in this chapter and by applicable law. A commercial PACE assessment is not eliminated by foreclosure and cannot be accelerated. Only the portion of a commercial PACE assessment that is in arrears at the time of foreclosure takes precedence over other mortgages or liens; the remainder transfers with the property at resale. Unless otherwise agreed upon by the commercial PACE lender, all payments on a commercial PACE assessment that become due after the date of transfer by judicial or nonjudicial sale or foreclosure must continue to be secured by a lien on the property and are the responsibility of the transferee. [PL 2021, c. 142, §1 (NEW).]

7. Release of lien. A municipality shall discharge a commercial PACE lien created under subsection 2 upon full payment of the amount specified in the commercial PACE agreement. A discharge under this subsection must be filed in the appropriate registry of deeds and must include reference to the notice required under subsection 2 . [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 3132 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3132
35-A §3132. Construction of transmission lines prohibited without prior order of the commission
Status: in_force

Except as provided in subsection 1‑B , a person may not construct any transmission line covered by subsection 2 or rebuild or relocate any transmission line as investigated by the commission under subsection 3 unless the commission has issued a certificate of public convenience and necessity approving construction. [PL 2007, c. 148, §1 (AMD).]

1. Construction of generating facility and resulting line. [PL 1999, c. 398, Pt. A, §46 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

1-A. Purchase of capacity or energy and resulting line. [PL 1999, c. 398, Pt. A, §46 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

1-B. Exception; generator interconnection transmission facility. The construction of a generator interconnection transmission facility is not subject to the requirements of this section. For the purposes of this subsection, "generator interconnection transmission facility" means a transmission line, together with all associated equipment and facilities, that is constructed, owned and operated by a generator of electricity solely for the purpose of electrically and physically interconnecting such generator to: A. The transmission system of a transmission and distribution utility; or [PL 2019, c. 205, §4 (NEW).] B. A commercial or industrial consumer of the electricity that is located on: (1) The property where the entity that generates the electricity is located or on abutting property; or (2) A commercial or industrial site that was served by the entity that generates the electricity or its predecessor without using the transmission and distribution plant of a public utility prior to December 31, 2018. [PL 2019, c. 205, §4 (NEW).] [PL 2019, c. 205, §4 (AMD).]

2. Construction of transmission line. Except as otherwise provided in subsection 3‑A , whenever any person proposes to erect within this State a transmission line capable of operating at 69 kilovolts or more, that person shall file a petition for the approval of the proposed line in accordance with subsection 2‑C . The petition for approval must be set down for public hearing. The commission shall issue its order within 12 months after the petition is filed unless this period is extended either by agreement of all the parties or by the commission upon its determination that the party seeking the extension would, because of circumstances beyond that party's control, be unreasonably disadvantaged unless the extension were granted, as long as the party to that time had prosecuted its case in good faith and with due diligence. At the time of filing of a petition for approval of a proposed line under this section, the person filing the petition shall send a copy of the petition by certified mail to the municipal officers of the municipality or municipalities in which the line is to be located. [PL 2023, c. 168, §7 (AMD).]

2-A. Other projects requiring approval. [PL 2009, c. 123, §1 (RP).]

2-B. Standards for certain projects. [PL 2009, c. 123, §2 (RP).]

2-C. Petition for approval of proposed transmission line. The petition for approval of the proposed transmission line must contain such information as the commission by rule prescribes, including, but not limited to: A. A description of the effect of the proposed transmission line on public health and safety and scenic, historic, recreational and environmental values and of the proximity of the proposed transmission line to inhabited dwellings; [PL 2009, c. 309, §2 (NEW).] B. Justification for adoption of the route selected, including comparison with alternative routes that are environmentally, technically and economically practical; and [PL 2017, c. 201, §2 (AMD).] C. [PL 2017, c. 201, §3 (RP).] D. A description of the need for the proposed transmission line. [PL 2013, c. 369, Pt. C, §3 (NEW).] [PL 2017, c. 201, §§2, 3 (AMD).]

2-D. Nonwires alternatives investigation; consideration. In considering whether to approve or disapprove all or portions of a proposed transmission line and associated infrastructure pursuant to subsection 5 , the commission shall, for a transmission line proposed by an investor-owned transmission and distribution utility, consider the results and recommendations of an investigation by the nonwires alternative coordinator conducted in accordance with section 3132‑C . [PL 2023, c. 355, §3 (AMD).]

3. Transmission line rebuilding or relocation projects. Each transmission and distribution utility shall file annually with the commission and the Office of the Public Advocate, for review by the nonwires alternative coordinator, a schedule of transmission line rebuilding or relocation projects that it intends to carry out during the next 5 years concerning transmission lines that will become, or will remain at, voltages of 69 kilovolts or more. The schedule must describe each project, showing the length, location and estimated cost. If the commission determines that an investigation of any transmission line rebuilding or relocation project is warranted, it shall notify the transmission and distribution utility within 60 days of the annual filing and the transmission and distribution utility is then required to comply with the provisions of this section with respect to that project. The absence of commission notification requiring the utility to file a petition does not preclude such notification in subsequent years. [PL 2019, c. 298, §8 (AMD).]

3-A. Minor transmission line construction projects. Each domestic transmission and distribution utility shall file annually with the commission and the Office of the Public Advocate, for review by the nonwires alternative coordinator, a schedule of minor transmission line construction projects that it intends to carry out during the next 5 years concerning transmission lines that will be capable of operating at 69 kilovolts or more. A minor transmission line construction project is a transmission line construction project the cost of which does not exceed 25% of the utility's current annual transmission property depreciation charge. The schedule must describe each project, showing the length, location and estimated cost. If the commission determines that an investigation of any minor transmission line construction project is warranted, it shall notify the transmission and distribution utility within 60 days of the annual filing and the utility must then comply with the provisions of this section with respect to that project. The absence of commission notification requiring the utility to file a petition does not preclude such notification in subsequent years. [PL 2019, c. 298, §9 (AMD).]

4. Corridor of proposed transmission line. The person filing a petition under this section for approval of a proposed transmission line shall submit a map to the commission with its application. The map must: A. Be available to the public at the offices of the commission and at the local town office where any portion of the proposed transmission line is to be located; [PL 1991, c. 640, §3 (AMD).] B. Indicate the proposed corridor or corridors of the transmission line and a description of any planned equipment and facilities to be placed there; and [PL 1991, c. 640, §3 (AMD).] C. Be prepared in cooperation with the appropriate natural resource protection agencies and the affected municipalities. [PL 1991, c. 640, §3 (NEW).] [PL 2007, c. 148, §4 (AMD).]

5. Commission approval of a proposed transmission line; nonwires alternatives. The commission may approve or disapprove all or portions of a proposed transmission line and shall make such orders regarding its character, size, installation and maintenance and regarding nonwires alternatives to the proposed transmission line as are necessary, having regard for any increased costs caused by the orders. In its review and consideration of nonwires alternatives, as required by subsection 2‑D , the commission shall give preference to the nonwires alternatives that have been identified as able to address the identified need for the proposed transmission line most cost-effectively. When the cost-effectiveness of the identified nonwires alternatives are reasonably equal, the commission shall give preference to the alternatives that produce the lowest amount of local air emissions, including greenhouse gas emissions. [PL 2023, c. 355, §4 (AMD).]

6. Commission order; certificate of public convenience and necessity. In its order, the commission shall make specific findings with regard to the public need for the proposed transmission line. The commission shall make specific findings with regard to the likelihood that nonwires alternatives can sufficiently address the identified public need over the effective life of the transmission line more cost-effectively. If the commission finds that a public need exists, after considering whether the need can be reliably and more cost-effectively met using nonwires alternatives, it shall issue a certificate of public convenience and necessity for the transmission line. In determining public need, the commission shall, at a minimum, take into account economics, reliability, public health and safety, scenic, historic and recreational values, state renewable energy generation goals, the proximity of the proposed transmission line to inhabited dwellings and nonwires alternatives to construction of the transmission line, including energy conservation, distributed generation or load management. If the commission orders or allows the erection of the transmission line, the order is subject to all other provisions of law and the right of any other agency to approve the transmission line. The commission shall, as necessary and in accordance with subsection 7 and 8 , consider the findings of the Department of Environmental Protection under Title 38, chapter 3, subchapter 1, article 6 , with respect to the proposed transmission line and any modifications ordered by the Department of Environmental Protection to lessen the impact of the proposed transmission line on the environment. A person may submit a petition for and obtain approval of a proposed transmission line under this section before applying for approval under municipal ordinances adopted pursuant to Title 30‑A, Part 2, Subpart 6‑A ; and Title 38, section 438‑A and, except as provided in subsection 4 , before identifying a specific route or route options for the proposed transmission line. Except as provided in subsection 4 , the commission may not consider the petition insufficient for failure to provide identification of a route or route options for the proposed transmission line. The issuance of a certificate of public convenience and necessity establishes that, as of the date of issuance of the certificate, the decision by the person to erect or construct was prudent. At the time of its issuance of a certificate of public convenience and necessity, the commission shall send to each municipality through which a proposed corridor or corridors for a transmission line extends a separate notice that the issuance of the certificate does not override, supersede or otherwise affect municipal authority to regulate the siting of the proposed transmission line. The commission may deny a certificate of public convenience and necessity for a transmission line upon a finding that the transmission line is reasonably likely to adversely affect any transmission and distribution utility or its customers. [PL 2023, c. 355, §5 (AMD).]

6-A. High-impact electric transmission line; certificate of public convenience and necessity. The commission shall evaluate and render a decision on any petition for a certificate of public convenience and necessity for a high-impact transmission line. [IB 2021, c. 1, §3 (AMD).]

6-B. Reasonable consideration of nontransmission alternatives. [PL 2013, c. 369, Pt. C, §6 (NEW); MRSA T. 35-A §3132, sub-§6-B (RP).]

6-C. High-impact electric transmission line; legislative approval. In addition to obtaining a certificate of public convenience and necessity, a high-impact electric transmission line may not be constructed anywhere in the State without first obtaining the approval of the Legislature, except that any high-impact electric transmission line crossing or utilizing public lands designated by the Legislature pursuant to Title 12, section 598‑A , other than service land, is deemed to substantially alter the land and must be approved by the vote of 2/3 of all the members elected to each House of the Legislature. For the purposes of this subsection, "service land" means public lands designated by the Legislature pursuant to Title 12, section 598‑A that are: A. A former railroad right‑of‑way that is no longer used for rail service and is owned by the State and used as a recreational trail; and [PL 2023, c. 644, §2 (NEW).] B. Any other public land for which the crossing or utilization by a proposed high‑impact electric transmission line satisfies the criteria established by rule adopted pursuant to Title 12, section 598‑C for a determination by the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands that the high‑impact electric transmission line's crossing or utilization does not constitute a reduction or substantial alteration of those lands. [PL 2023, c. 644, §2 (NEW).] For the purposes of this subsection, a high-impact electric transmission line is deemed to have received the majority legislative approval required by this subsection if the high-impact electric transmission line is approved for a contract after a competitive procurement conducted by the commission or a state agency pursuant to statutory authority granted under this Title. [PL 2025, c. 340, §1 (AMD).]

6-D. High-impact electric transmission line; geographic prohibition. Notwithstanding subsection 6‑C , a high-impact electric transmission line may not be constructed in the Upper Kennebec Region. For the purpose of this subsection, "Upper Kennebec Region" means the approximately 43,300 acres of land located between the Town of Bingham and Wyman Lake, north along the Old Canada Road, Route 201, to the Canadian border, and eastward from the Town of Jackman to encompass Long Pond and westward to the Canadian border, in Somerset County and Franklin County. [IB 2021, c. 1, §5 (NEW).]

6-E. Retroactivity. Notwithstanding Title 1, section 302 or any other provision of law to the contrary, subsections 6‑C and 6‑D apply retroactively to September 16, 2020 and apply to any high-impact electric transmission line the construction of which had not commenced as of that date. [IB 2021, c. 1, §6 (NEW).]

7. Environmental protection agency modification. If the commission has issued a certificate of public convenience and necessity for a proposed transmission line and the Department of Environmental Protection in an order issued under Title 38, chapter 3, subchapter 1, article 6 makes a modification in the location, size, character or design of the transmission line, the person proposing the transmission line shall: A. Deliver a copy of the order to the commission; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. State the nature of the modifications and all cost adjustments occasioned by the modifications to the cost of the proposed transmission line relied upon by the commission in issuing its certificate of public convenience and necessity under this section. [PL 1999, c. 398, Pt. A, §46 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] [PL 2009, c. 309, §4 (AMD).]

8. Cost adjustments. If the cost adjustments specified in subsection 7 exceed the cost relied upon by the commission in the original proceeding under this section by more than 20% of the original cost, the person may not proceed with any construction of the proposed transmission line, the commission's original certificate of public convenience and necessity notwithstanding. The commission, upon notification of the cost increase, shall: A. Reopen its original decision concerning the transmission line; [PL 1999, c. 398, Pt. A, §46 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] B. Make specific findings with regard to the need for the transmission line to the same extent and with the same authority as if the person's petition for approval were before it; and [PL 2007, c. 148, §7 (AMD).] C. Except as modified in this section, retain all authority granted to it under section 1321 . [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 2007, c. 148, §7 (AMD).]

9. Filing fee; waiver of fee. When a petition is filed under this section, the person or persons involved shall pay to the commission an amount equal to 2/100 of 1% of the estimated cost to erect, rebuild or relocate the transmission line provided that in the case of a petition filed under subsection 2, the fee is 4/100 of 1%. The person may, at the time of the filing of notice of its intent to file the petition, or, in the case of lines subject to subsection 2 , at the time of the filing of the petition, request the commission to waive all or a portion of the filing fee. The commission shall rule on the request for waiver within 30 days. Filing fees paid as required under this subsection must be segregated, apportioned and expended by the commission for the purposes of this section. Any portion of the filing fee that is received from any person and is not expended by the commission to process the petition for a certificate of public convenience and necessity must be returned to the person. [PL 2007, c. 148, §8 (AMD).]

10. Exemption from filing fees. Notwithstanding any other requirement in this section, the commission may, by rule, exempt from filing fees applications concerning transmission lines the review of which does not place an unusual burden on the commission's budget. [PL 1999, c. 398, Pt. A, §46 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

10-A. Filing fee to Office of the Public Advocate. When a person pays a filing fee to the commission pursuant to subsection 9 , the person shall, at the same time, pay to the Office of the Public Advocate an amount equal to 2/100 of 1% of the estimated cost to erect, rebuild or relocate the transmission line, except that in the case of a petition filed under subsection 2 , the fee is 3/100 of 1%. If the Office of the Public Advocate's expenses in the transmission line proceeding exceed the amount of the original filing fee, the Office of the Public Advocate may bill the person monthly for additional incurred expenses. The person may, at the time of the filing of the petition under this section, request the Office of the Public Advocate to waive all or a portion of the filing fee. The Office of the Public Advocate shall decide on the waiver request within 30 days. Filing fees paid as required under this subsection must be segregated, apportioned and expended by the Office of the Public Advocate for the purposes of representing the interests of consumers in the proceeding before the commission or conducting public outreach to inform consumers about the proceeding. The Office of the Public Advocate shall return any portion of the filing fee that is not expended for these purposes to the person who paid the fee. [PL 2021, c. 195, §3 (AMD).]

10-B. Office of the Public Advocate reporting requirement; repeal. [PL 2009, c. 26, §2 (NEW); MRSA T. 35-A §3132, sub-§10-B (RP).]

11. Amendments, extensions and renewals. [PL 1993, c. 91, §2 (RP).]

11-A. Amendments, extensions and renewals of contracts originally subject to commission approval. This section applies to any amendment, extension or renewal of any contract between a person and other parties with an ownership interest governing the terms of their participation in the construction of a transmission line subject to this section, if the original contract was subject to approval by the commission. The commission may waive the approval requirements of this section with respect to a particular amendment, extension or renewal or a group of amendments, extensions or renewals upon request. If the commission does not respond to a request for waiver within 30 days, the request is deemed to have been granted. The commission shall prescribe by rule the content of a request for waiver and procedures for the expeditious processing of requests in certain circumstances. [PL 2007, c. 148, §9 (AMD).]

11-B. Amendments, extensions and renewals of contracts not originally subject to commission approval. For any amendment, extension or renewal of any contract otherwise subject to this section, but when the original contract was not subject to approval by the commission, the person shall file a copy of the proposed amendment, extension or renewal with the commission within 7 days of the day when the utility receives notice of the proposal, but approval under this section is not required. [PL 2007, c. 148, §10 (AMD).]

12. Waiver of notice. The commission may waive any of the notice requirements in this section in advance of filing. [PL 1989, c. 60, §6 (NEW).]

13. Public lands. The State, any agency or authority of the State or any political subdivision of the State may not sell, lease or otherwise convey any interest in public land, other than a future interest or option to purchase an interest in land that is conditioned on satisfaction of the terms of this subsection, to any person for the purpose of constructing a transmission line subject to this section, unless the person has received a certificate of public convenience and necessity from the commission pursuant to this section. A. [PL 2009, c. 123, §6 (RP).] B. [PL 2009, c. 123, §6 (RP).] A person who has bought, leased or otherwise been conveyed any interest in public land for the purpose of constructing a transmission line may not undertake construction of that line except under the terms of the certificate of public convenience and necessity as originally issued for that transmission line by the commission or as modified by order of the Department of Environmental Protection under subsection 7 or under the terms of an amended certificate of public convenience and necessity issued by the commission or deemed to have been issued by the commission under subsection 11‑A . As used in this subsection, "public land" means land that is owned or controlled by the State, by an instrumentality of the State or by a political subdivision of the State. As used in this subsection, "future interest or option to purchase an interest in land" includes an option, purchase and sale agreement or other equivalent legal instrument that conveys the intent to pursue a future sale, lease or other conveyance of land. [PL 2009, c. 655, Pt. C, §3 (AMD).]

14. Customer cost impact. Notwithstanding any other provision of this section, the commission may not issue a certificate of public convenience and necessity that has the effect of eliminating the independent system administrator for northern Maine or eliminating or materially modifying the scope of responsibilities of the independent system administrator for northern Maine unless the certificate is subject to a requirement for the full compensation for the net adverse effects on ratepayers as determined by the commission. The determination of the net adverse effects must include, but is not limited to, known and measurable transmission cost effects. Compensation required by this section must be provided to affected ratepayers through a rebate, reduction in rates or other appropriate compensation mechanism benefiting affected ratepayers in the area of the State in which the retail electricity market is administered by the independent system administrator for northern Maine. Compensation required by this section must be calculated for and provided to affected ratepayers over a period of not more than 10 years. [PL 2009, c. 285, §1 (NEW).]

15. Advancement of nonwires alternatives policies. The commission shall advocate in all relevant venues for the pursuit of least-cost solutions to bulk power system needs on a total cost basis and for all available resources, including nonwires alternatives, to be treated comparably in transmission analysis, planning and access to funding. [PL 2023, c. 355, §6 (AMD).]
35-A M.R.S. § 3487 — ME Code / Title 35-A / Part 3 / Chapter 34-C / Section 3487
35-A §3487. Bill credits; utility costs paid by project sponsor
Status: in_force

1. Credit assigned to a customer's bill. If the value of a credit to be applied to a customer's bill under this chapter is less than the amount owed by the customer at the end of the applicable billing period, the customer must be billed for the difference between the amount shown on the bill and the value of the available credit. If the value of the credit to be applied to a customer's bill under this chapter is greater than the amount owed by the customer at the end of the billing period, the remaining value of the credit must carry over from month to month. [PL 2019, c. 478, Pt. B, §1 (NEW).]

2. Utility costs paid by project sponsor. If a project sponsor pays an investor-owned transmission and distribution utility's costs associated with billing and collection from a subscriber, at the request of the project sponsor the utility shall bill the subscriber on behalf of the project sponsor. Costs under this subsection are subject to review by the commission. [PL 2019, c. 478, Pt. B, §1 (NEW).]
35-A M.R.S. § 7305 — ME Code / Title 35-A / Part 7 / Chapter 73 / Section 7305
35-A §7305. Notice of charges for use of public telephones
Status: in_force

1. Notice of charges. Any person who owns, controls, operates or manages a public telephone shall provide a written notice within the immediate vicinity of the telephone and plainly visible to any person using the telephone. The notice must: A. Identify the name, address and telephone number of the person who owns, controls, operates or manages the public telephone to whom complaints regarding that telephone may be directed; [PL 1989, c. 651, §2 (NEW).] B. Inform the person using the public telephone how to contact a local telephone company operator or "911" service operator in case of emergency; [PL 1989, c. 651, §2 (NEW).] C. Specify the rates or charges for use of the public telephone, including charges for local calls, intrastate calls, "800" or other toll-free calls, uncompleted calls, incoming calls, collect calls, 3rd-party calls and credit card calls; and [PL 1989, c. 651, §2 (NEW).] D. Contain the identity of the long-distance company that serves the public telephone, explain how the user of the public telephone may, at no charge, obtain information on the rates or charges imposed by the long-distance company, and any additional charges imposed on the user for long distance services. [PL 1989, c. 651, §2 (NEW).] [PL 1989, c. 651, §2 (NEW).]

2. Charges limited when no notice. Any person who owns, controls, operates or manages a public telephone and fails to provide the notice required by subsection 1 may not demand or receive compensation for use of the telephone in excess of charges imposed by the local exchange telephone utility serving that area with respect to that use. [PL 1989, c. 651, §2 (NEW).]
35-A M.R.S. § 9409 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9409
35-A §9409. Legislative oversight; report to committee
Status: repealed

1. Annual report. No later than January 15, 2022, and annually thereafter, the authority shall provide a report to the joint standing committee of the Legislature having jurisdiction over utilities matters that: A. Includes a report on the budget of the authority; [PL 2021, c. 364, §3 (NEW).] B. Documents the activities of the authority, including a detailed description of the progress toward the state connectivity goals in section 9403 ; [PL 2021, c. 364, §3 (NEW).] C. Contains a listing of any investments of money in the authority, while maintaining confidentiality for organizations working with the authority; and [PL 2021, c. 364, §3 (NEW).] D. Contains an analysis of the availability of communications services and advanced communications technology infrastructure, including an analysis of the competitive market in the State for communications services and advanced communications technology infrastructure and whether the communications services provided in the State are reasonably comparable to services provided regionally and nationwide. [PL 2021, c. 364, §3 (NEW).] [PL 2021, c. 364, §3 (NEW).]

2. Sunset review. As part of the report required under subsection 1 to be submitted to the joint standing committee of the Legislature having jurisdiction over utilities matters no later than January 15, 2030, the authority shall include findings and recommendations following its review of the effectiveness of the authority in furthering the purposes of this chapter, including: A. An analysis of whether the authority has fulfilled its intended purpose under this chapter; [PL 2021, c. 364, §3 (NEW).] B. An analysis of whether the activities of the authority should continue for a specified period of time and any recommendations, including proposed legislation, for changes to the powers and duties of the authority to better further the purposes of this chapter; and [PL 2021, c. 364, §3 (NEW).] C. An analysis of whether the activities of the authority should be terminated and the laws governing the authority repealed within a specified time frame and any recommendations, including proposed legislation, necessary to facilitate an orderly transition following the termination of activities of the authority, including the appropriate disposition of the assets of the authority. [PL 2021, c. 364, §3 (NEW).] [PL 2021, c. 364, §3 (NEW).]

After receiving a report under this section, the joint standing committee of the Legislature having jurisdiction over utilities matters may report out legislation relating to the authority. [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 706 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 706
35-A §706. Tenants not liable for a landlord's utility bills
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Landlord" means any person who rents or leases land or structures to others for compensation or any person who manages or controls the property on behalf of another. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. "Rental property" means property used or occupied by any tenant for which rent is paid to a landlord. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. "Tenant" means any person who pays rent to any landlord for the use or occupation of any land or structure owned by another or who occupies or uses the property, regardless of whether the tenancy is subject to a written lease. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Disconnection of tenant. In every instance where the landlord has applied for and is granted utility service, the landlord is responsible for payment for that service with respect to any rental property. The utility may not demand payment from the tenant for utility service to the tenant because of the landlord's failure to pay for utility service rendered at the rental property. The utility may disconnect the tenant only after affording the tenant notice and opportunity to assume responsibility for future service in accordance with the rules of the commission. Any tenant who has assumed responsibility for future service under this section and paid all or any portion of the utility service for the rental property to a utility may deduct the amount paid from any rent due to the landlord. [PL 1989, c. 87, §2 (AMD).]

3. Lien against the rental property. In addition to whatever other legal remedies the utility may have against the landlord who does not pay for utility service provided to rental property, the utility shall have a lien upon the rental property and on any interest the landlord has in the same, to secure payment for utility services to that property with costs. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Dissolution of the lien, lien certificate. This lien shall be dissolved unless within 90 days after the date on which the unpaid bill was served, the utility files in the registry of deeds for the county in which the property is located a lien certificate, setting forth the amount of the lien, the name of the landlord, a statement that a lien is claimed on the rental property to secure the payment of utility services, that a demand has been made for that payment and that payment has not been made. At the time of the recording of the lien certificate in the registry of deeds, the utility shall send a copy of the certificate to the landlord by certified mail, return receipt requested. This lien shall be dissolved unless, within 120 days after the unpaid bill was served, civil action to enforce the lien is brought in the District Court for the division where the rental property is located. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Enforcement of the lien. The proceedings in the District Court for enforcement of this lien shall be governed by Title 10, sections 3256 to 3260 , and 3263 and 3264 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Subsequent purchaser takes title free of lien. Any person who is a bona fide purchaser for value of rental property takes title to that property free of the lien established under subsection 3 unless, before the purchaser's deed is recorded, the utility has filed the certificate set out in subsection 4 . The interest of any mortgagee of rental property is not affected by the lien established unless, before the mortgage is recorded, the utility has filed the certificate set out in subsection 4 . [PL 1993, c. 110, §1 (AMD).]
35-A M.R.S. § 751 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 751
35-A §751. Short title
Status: in_force

This Act may be known and cited as the "Overhead High-voltage Line Safety Act." [PL 1995, c. 348, §1 (NEW).]
35-A M.R.S. § 3456 — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3456
35-A §3456. Siting considerations for smaller-scale wind energy development in organized areas
Status: in_force

1. Construction and operation requirements. A person may not construct or operate a wind energy development, other than a grid-scale wind energy development, without first obtaining a certification from the department that the generating facilities: A. Will meet the requirements of the noise control rules adopted by the Board of Environmental Protection pursuant to Title 38, chapter 3, subchapter 1, article 6 ; [PL 2007, c. 661, Pt. A, §7 (NEW).] B. Will be designed and sited to avoid unreasonable adverse shadow flicker effects; and [PL 2007, c. 661, Pt. A, §7 (NEW).] C. Will be constructed with setbacks adequate to protect public safety. In making a finding pursuant to this paragraph, the department shall consider the recommendation of a professional, licensed civil engineer as well as any applicable setback recommended by a manufacturer of the generating facilities. [PL 2007, c. 661, Pt. A, §7 (NEW).] A person proposing a wind energy development subject to certification under this section shall apply to the department for certification using an application provided by the department and may not begin construction until the certification is received. [PL 2011, c. 682, §29 (AMD).]

2. Fees; outside review; approval process. The department may charge a developer an appropriate fee for its review and certification pursuant to this section. Certification may be conditioned on specific requirements, including but not limited to setbacks from residential structures to address noise or safety concerns. The department may use an outside reviewer as provided in Title 38, section 344‑A . If no other approval by the department is required for the development, the department shall issue its certification within 185 days of its acceptance of a request for certification as complete pursuant to Title 38, section 344 . At the request of an applicant, the department may put the certification review period on hold. If another approval by the department is required for the development, the department shall consolidate its process for certification under this section with that regarding other approvals by the department as provided in the department's rules and may extend the review period as provided in those rules. Notwithstanding any other provision of law, the department's certification pursuant to this section regarding a development that does not otherwise require the department's approval pursuant to this Title is not itself subject to judicial review as final agency action or otherwise, except as an aspect of an appeal of a pertinent municipal land use decision. [PL 2007, c. 661, Pt. A, §7 (NEW).]

3. Enforcement of standards. Following certification under this section and during construction and operation, the standards in subsection 1 for a wind energy development subject to certification under this section may be enforced by the municipality in which the generating facilities are located at the municipality's discretion pursuant to Title 30‑A, section 4452 . The department is not responsible for enforcement of this section. [PL 2007, c. 661, Pt. A, §7 (NEW).]

4. Exemption. Certification under this section is not required for a wind energy development with a generating capacity of less than 100 kilowatts. [PL 2007, c. 661, Pt. A, §7 (NEW).]
35-A M.R.S. § 7104-B — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7104-B
35-A §7104-B. Access to information services
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Qualified library" means a public library as defined in Title 27, section 110, subsection 10 ; a research center as defined in Title 27, section 110, subsection 12 ; or a library that provides free public access to all advanced telecommunications services available at that library and whose collection serves as a statewide resource, if the commission determines, in consultation with the Maine Library Commission, that including that library as a qualified library is in the public interest. [PL 1999, c. 409, §2 (NEW).] A-1. "North American Numbering Plan Administrator" has the same meaning as in section 7104, subsection 1‑A, paragraph A . [PL 2023, c. 144, §3 (NEW).] A-2. "Number placed in service" has the same meaning as in section 7104, subsection 1‑A, paragraph B . [PL 2023, c. 144, §3 (NEW).] A-3. "Numbering plan area" has the same meaning as in section 7104, subsection 1‑A, paragraph C . [PL 2023, c. 144, §3 (NEW).] B. "Qualified school" means a public school as defined in Title 20‑A, section 1, subsection 24 ; a private school approved under Title 20‑A, section 2901 or 2951 ; or a school that provides free public access to all advanced telecommunications services available at that school, if the commission determines, in consultation with the Department of Education, that including that school as a qualified school is in the public interest. [PL 1999, c. 409, §2 (NEW).] C. [PL 2011, c. 623, Pt. B, §18 (RP).] D. "Voice network service provider" means a voice service provider that offers its subscribers the means to initiate or receive voice communications using the public switched telephone network and includes a provider of interconnected voice over Internet protocol service required to register with the commission pursuant to section 7110, subsection 2 . [PL 2023, c. 144, §3 (AMD).] [PL 2023, c. 144, §3 (AMD).]

2. Authority. Pursuant to the authority granted in section 7104 and in order to carry out the policy goals established by section 7101, subsections 1 , 2 and 4 , the commission shall establish a telecommunications education access fund, referred to in this section as "the fund," and require voice network service providers using numbers placed in service for the State's numbering plan area from the North American Numbering Plan Administrator or its successor to contribute to the fund. A voice network service provider is not required to contribute to the fund for telephone numbers that are acquired by the provider but are not placed in service. The fund must be available, with any accumulated interest, to qualified libraries, qualified schools and the Raymond H. Fogler Library at the University of Maine to assist in paying the costs of acquiring and using advanced telecommunications technologies. The commission may investigate a voice network service provider to ensure compliance with this section. [PL 2025, c. 110, §11 (AMD).]

2-A. Determination of amount of prepaid wireless telecommunications service fee. The commission shall determine by rule the amount of the fee on prepaid wireless telecommunications service that is required to be contributed to the fund. The commission shall limit the fee to no more than 21¢ per retail transaction. The fee must be rounded to the nearest penny. The fee may not be adjusted by the commission more frequently than once every 24 months. The collection of the fee is governed by section 7104‑C . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 244, §2 (AMD).]

3. Limitations; imposition. In carrying out the authority granted by subsection 2 , the commission shall: A. With respect to the contributions for the fund required from voice network service providers other than prepaid wireless telecommunications service providers, limit the amount contributed to no more than 21¢ per month per line or number, assessed as a monthly surcharge, to be levied on: (1) Residential and business telephone exchange lines, including private branch exchange lines and Centrex lines; (2) Interconnected voice over Internet protocol service; and (3) Providers of mobile telecommunications services that are not providers of prepaid wireless telecommunications service. The surcharge established in this paragraph may not be levied on more than 25 lines or numbers per customer billing account; [PL 2017, c. 244, §3 (AMD).] B. Ensure that the funds are collected in a competitively neutral manner; [PL 1999, c. 409, §2 (NEW).] C. Integrate the collection of the surcharge with any state universal service fund developed by the commission; [PL 2017, c. 422, §5 (AMD); PL 2017, c. 422, §12 (AFF).] D. Require, if a voice network service provider recovers its contributions under this section by means of a charge placed on a bill issued to a customer, explicit identification on customer bills of the surcharge imposed under this section; and [PL 2017, c. 422, §5 (AMD); PL 2017, c. 422, §12 (AFF).] E. [PL 2011, c. 623, Pt. B, §23 (RP).] F. Ensure that any fees or surcharges established by or pursuant to this section are not imposed on revenues received from or on prepaid wireless telecommunications service transactions supported by federal universal service support funds pursuant to 47 Code of Federal Regulations, Part 54. This paragraph does not prohibit the imposition of fees or surcharges with respect to revenues received from consumers for optional services that are not supported by federal universal service support funds. [PL 2017, c. 422, §6 (NEW); PL 2017, c. 422, §12 (AFF).] [PL 2017, c. 422, §§5, 6 (AMD); PL 2017, c. 422, §12 (AFF).]

4. Use of fund. The fund must be used to provide discounts to qualified libraries, qualified schools and the Raymond H. Fogler Library at the University of Maine for the following: A. Telecommunications services; [PL 1999, c. 409, §2 (NEW).] B. Internet access, including mobile Internet access through a portable wireless access point, or hotspot, that provides Internet access over a cellular network; [PL 2019, c. 52, §1 (AMD).] C. Internal connections; [PL 1999, c. 409, §2 (NEW).] D. Computers; [PL 2001, c. 522, §2 (AMD).] E. Training; and [PL 2001, c. 522, §2 (AMD).] F. Content. [PL 2001, c. 522, §2 (NEW).] [PL 2019, c. 52, §1 (AMD).]

4-A. State Librarian; Commissioner of Education. The State Librarian or the Commissioner of Education may enter into contracts or order services on behalf of qualified schools and qualified libraries in connection with the fund and may take advantage of any discounts available pursuant to the federal Telecommunications Act of 1996. [PL 2009, c. 274, §18 (NEW).]

5. Guidelines for funding. The commission shall allocate money from the fund using the following guidelines: A. To ensure a basic level of connectivity for all of the qualified schools and qualified libraries in the State; [PL 1999, c. 409, §2 (NEW).] B. To ensure that all qualified schools, qualified libraries and the Raymond H. Fogler Library at the University of Maine are capable of using the advanced technology equipment obtained through the fund; [PL 2001, c. 522, §2 (AMD).] C. To ensure that more technologically sophisticated equipment is available to students in grades 9 to 12 and in larger qualified libraries in the State; [PL 1999, c. 409, §2 (NEW).] D. To provide for necessary equipment to use the services obtained through the fund; [PL 1999, c. 409, §2 (NEW).] E. To provide for internal connections necessary to use the services obtained through the fund; [PL 1999, c. 409, §2 (NEW).] F. To provide training to teachers so that they may assist and educate their students in the use of the advanced technology equipment; [PL 2001, c. 522, §2 (AMD).] G. To provide for the establishment of computer technology training programs in schools to provide training to students in areas such as, but not limited to, electronic commerce, Internet proficiency and World Wide Web-enabled systems; [PL 2019, c. 52, §2 (AMD).] H. To provide for electronic database content to be used for the purposes of accessing information by schools and libraries; and [PL 2019, c. 52, §3 (AMD).] I. To provide, within existing resources, support for qualified libraries in rural areas of the State with greatest need, as determined in consultation with the State Librarian, the Commissioner of Education and the ConnectMaine Authority, to offer portable wireless access points, or hotspots, for mobile Internet access. [PL 2019, c. 625, §5 (AMD).] [PL 2019, c. 625, §5 (AMD).]

6. Coordination with federal funds. Except as provided in paragraph A , qualified schools and qualified libraries shall apply for any federal discounts available pursuant to the federal Telecommunications Act of 1996. The level of discount, pursuant to subsection 4 , is determined by the commission. A. A qualified library is not required to apply for a federal discount pursuant to the federal Telecommunications Act of 1996 if the library determines that satisfying conditions for receiving that discount would substantially compromise the library's standards or mission. If the qualified library does not receive a federal discount as a result of a determination made in accordance with this paragraph, the commission shall establish an enhanced level of discount pursuant to subsection 4 to ensure the library is not substantially disadvantaged by that determination. The commission shall establish a level of discount that mitigates, to the maximum extent the commission determines appropriate, the financial impact on the library resulting from its not receiving the federal discount. [PL 2003, c. 673, Pt. IIII, §1 (NEW).] [PL 2003, c. 673, Pt. IIII, §1 (AMD).]

7. Coordination with existing facilities. Any existing facilities developed to provide services to qualified schools, qualified libraries and the Raymond H. Fogler Library at the University of Maine, as directed by the commission under this section, must continue to provide services to qualified schools, qualified libraries and the Raymond H. Fogler Library at the University of Maine at rates that reflect the incremental costs to use those facilities. [PL 2001, c. 522, §2 (AMD).]

8. Review by commission. [PL 2011, c. 623, Pt. B, §24 (RP).]
35-A M.R.S. § 7104 — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7104
35-A §7104. Affordable telephone service
Status: in_force

1. Low-income support. The commission shall require telephone utilities to participate in statewide outreach programs designed to increase the number of low-income telephone customers on the network through increased participation in any universal service program approved by the commission. [PL 1997, c. 692, §1 (NEW).]

1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "North American Numbering Plan Administrator" means a North American organization responsible for neutrally administering numbering resources in a Maine numbering plan area. [PL 2023, c. 144, §1 (NEW).] B. "Number placed in service" means an active 10-digit telephone number that is: (1) Compliant with the guidelines established by the North American Numbering Plan Administrator for use by a voice network service provider; (2) Has been assigned to an end user customer of the voice network service provider; and (3) Is capable of receiving voice traffic from, or originating voice traffic to, the public switched telephone network. [PL 2023, c. 144, §1 (NEW).] C. "Numbering plan area" has the same meaning as in 47 Code of Federal Regulations, Section 52.7(a) in effect on December 16, 2022. [PL 2023, c. 144, §1 (NEW).] D. "Numbering resources" means blocks of telephone numbers provided to authorized voice network service providers in a numbering plan area by the North American Numbering Plan Administrator. [PL 2023, c. 144, §1 (NEW).] E. "Voice network service provider" means a voice service provider that offers its subscribers the means to initiate or receive voice communications using the public switched telephone network and includes a provider of interconnected voice over Internet protocol service required to register with the commission pursuant to section 7110, subsection 2 . [PL 2023, c. 144, §1 (NEW).] [PL 2023, c. 144, §1 (NEW).]

2. General availability. The commission shall seek to ensure that provider of last resort service is available at reasonably comparable rates to consumers throughout all areas of the State in which the service is available pursuant to section 7221 . [PL 2015, c. 462, §2 (AMD).]

3. Authority. The commission shall adopt rules to implement this section and may require voice network service providers using numbers placed in service for the State's numbering plan area from the North American Numbering Plan Administrator or its successor to contribute to a state universal service fund to support programs consistent with the goals of applicable provisions of this Title and the federal Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56. A voice network service provider is not required to contribute to the state universal service fund for telephone numbers that are acquired by the provider but are not placed in service. Prior to requiring that voice network service providers contribute to a state universal service fund, the commission shall assess the telecommunications needs of the State's consumers and establish the level of support required to meet those needs. If the commission establishes a state universal service fund pursuant to this section, the commission shall contract with an appropriate independent fiscal agent that is not a state entity to serve as administrator of the state universal service fund. Funds contributed to a state universal service fund are not state funds. Rules and any state universal service fund requirements established by the commission pursuant to this section must: A. Be reasonably designed to maximize federal assistance available to the State for universal service purposes; [PL 1997, c. 692, §1 (NEW).] B. Meet the State's obligations under the federal Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56; [PL 2011, c. 623, Pt. B, §14 (AMD).] C. Be consistent with the goals of the federal Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56; [PL 2011, c. 623, Pt. B, §14 (AMD).] D. Ensure that any requirements regarding contributions to a state universal service fund be nondiscriminatory and competitively neutral; [PL 2017, c. 422, §2 (AMD); PL 2017, c. 422, §12 (AFF).] E. [PL 2011, c. 623, Pt. B, §14 (RP).] F. [PL 2011, c. 623, Pt. B, §14 (RP).] G. Require, if a voice network service provider recovers its contributions under this section by means of a charge placed on a bill issued to a customer, explicit identification on that bill of any charge imposed under this section; and [PL 2017, c. 422, §3 (AMD); PL 2017, c. 422, §12 (AFF).] H. Ensure that any fees or surcharges established by or pursuant to this section are not imposed on revenues received from or on prepaid wireless telecommunications service transactions supported by federal universal service support funds pursuant to 47 Code of Federal Regulations, Part 54. This paragraph does not prohibit the imposition of fees or surcharges with respect to revenues received from consumers for optional services that are not supported by federal universal service support funds. [PL 2017, c. 422, §4 (NEW); PL 2017, c. 422, §12 (AFF).] Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The commission may investigate a voice network service provider to ensure compliance with this section. [PL 2023, c. 144, §2 (AMD).]

3-A. Determination of amount of prepaid wireless telecommunications service fee. The commission shall determine by rule the amount of the fee on prepaid wireless telecommunications service that is required to be contributed to a state universal service fund established under subsection 3 . The fee is a fixed amount per retail transaction established by multiplying $25 by a percentage that is determined by the commission for purposes of calculating contributions to the state universal service fund by providers of intrastate telecommunications services. The fee must be rounded to the nearest penny. The fee may not be adjusted by the commission more frequently than once every 24 months. The collection of the fee is governed by section 7104‑C . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 600, §5 (NEW); PL 2011, c. 600, §10 (AFF).]

4. Standards and reporting. [PL 2011, c. 623, Pt. B, §15 (RP).]

5. Funds for Communications Equipment Fund. The commission shall annually transfer $250,000 from a state universal service fund established pursuant to this section to the Communications Equipment Fund established under Title 26, section 1419‑A . If the Department of Labor, Bureau of Rehabilitation Services does not receive from federal or other sources funds in addition to the $250,000 sufficient to carry out the purposes of Title 26, section 1419‑A , the commission, at the request of the Department of Labor, Bureau of Rehabilitation Services, may transfer from the state universal service fund to the Communications Equipment Fund an additional $100,000. A. [PL 2005, c. 305, §1 (RP); PL 2005, c. 336, §3 (RP).] B. [PL 2005, c. 305, §1 (RP); PL 2005, c. 336, §3 (RP).] The commission may require contributions to the state universal service fund in an amount necessary to collect amounts transferred pursuant to this subsection. [PL 2025, c. 388, Pt. RRR, §1 (AMD).]

6. Public-interest pay phone support. The commission may require contributions to a state universal service fund established pursuant to this section in an amount sufficient to collect up to $50,000 each year to fund public-interest pay phones pursuant to section 7508 . The commission shall maintain an accounting of all funds contributed to the state universal service fund pursuant to this subsection and all funds expended pursuant to section 7508 . Funds contributed to the state universal service fund pursuant to this subsection may be expended only for the purposes of section 7508 . [PL 2005, c. 131, §1 (NEW).]

7. Telecommunications relay services support. In order to ensure the affordability of telecommunications relay services throughout the State, the commission shall establish funding support for telecommunications relay services, including related outreach programs, within the state universal service fund established pursuant to subsection 3 . A. In establishing the total level of support for the state universal service fund, the commission shall include funding levels for telecommunications relay services as requested by the Telecommunications Relay Services Council, as established in section 8704 , pursuant to the submission of an annual budget in accordance with section 8704, subsection 6 . The commission shall transfer funds requested by the council, up to a maximum of $600,000 annually, in quarterly installments to the Telecommunications Relay Services Council Fund established in section 8704, subsection 2‑A . The commission shall require contributions to the state universal service fund on a quarterly basis to meet the established funding support levels. [PL 2017, c. 408, §3 (AMD).] B. [PL 2017, c. 408, §3 (RP).] [PL 2017, c. 408, §3 (AMD).]

8. Maximization of support. The commission shall pursue all activities necessary to maximize the amount of federal support received by voice service providers offering voice and broadband service in the State. [PL 2011, c. 623, Pt. B, §17 (NEW).]

9. Blind and Visually Impaired News Access Fund. The commission shall annually transfer $40,000 from a state universal service fund established pursuant to this section to the Blind and Visually Impaired News Access Fund established under Title 27, section 9 . [PL 2019, c. 15, §2 (NEW).]

10. Designation of eligible service providers. The commission may designate any provider or reseller of commercial mobile radio service, as defined in 47 Code of Federal Regulations, Section 20.3, as an eligible telecommunications carrier for purposes of receiving federal universal service support and offering services supported by federal universal service support mechanisms pursuant to 47 United States Code, Sections 214(e)(1) and 214(e)(2) and 47 Code of Federal Regulations, Section 54.201. The commission may adopt rules necessary to implement this subsection. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 568, §1 (NEW).]
35-A M.R.S. § 3455 — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3455
35-A §3455. Determination of public safety-related setbacks
Status: in_force

In making findings pursuant to Title 12, section 685‑B, subsection 4 or Title 38, section 484, subsection 3 on whether a wind energy development must be constructed with setbacks adequate to protect public safety, the primary siting authority must consider the recommendation of a professional, licensed civil engineer as well as any applicable setback recommended by a manufacturer of the generating facilities. The primary siting authority may require submission of this information as part of the application. [PL 2007, c. 661, Pt. A, §7 (NEW).]
35-A M.R.S. § 10106 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10106
35-A §10106. Freedom of access; confidentiality
Status: in_force

The proceedings of the board and records of the trust are subject to the freedom of access laws, Title 1, chapter 13 , except as specifically provided in this section. [RR 2009, c. 1, §25 (COR).]

1. Confidential records. The following records are designated as confidential for purposes of Title 1, section 402, subsection 3, paragraph A : A. A record obtained or developed by the trust that: (1) A person, including the trust, to whom the record belongs or pertains has requested be designated confidential and that the board has determined contains information that gives the owner or a user an opportunity to obtain a business or competitive advantage over another person who does not have access to the information, except through the trust's records, or access to which by others would result in a business or competitive disadvantage, loss of business or other significant detriment, other than loss or denial of financial assistance from the trust, to any person to whom the record belongs or pertains; or (3) Contains information about the energy usage profile of an identifiable customer of a transmission and distribution utility in the State or an identifiable customer of a distributor of heating fuel or other energy source; and [PL 2017, c. 163, §2 (AMD).] B. A financial statement or tax return. [PL 2009, c. 372, Pt. B, §3 (NEW).] The social security number, address, telephone number or e-mail address of a customer that has participated or may participate in a program of the trust is confidential. The trust shall provide to a legislative committee, on written request signed by the chairs of that committee, any information or records, including information designated confidential under this subsection, specified in the written request. The information or records may be used only for the lawful purposes of the committee and in any action arising out of any investigation conducted by it. [PL 2017, c. 163, §2 (AMD).]

2. Exceptions. Notwithstanding subsection 1 , the following are not confidential and are public records: A. Any otherwise confidential information the confidentiality of which the board determines to have been satisfactorily and effectively waived; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. Any otherwise confidential information that has already lawfully been made available to the public; and [PL 2009, c. 372, Pt. B, §3 (NEW).] C. Impersonal, statistical or general information. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]

3. Disclosure prohibited; further exceptions. The director or a trustee, officer, employee, agent, other representative of the trust or other person may not knowingly divulge or disclose records designated confidential by this section, except that the board, in its discretion and in conformity with legislative freedom of access criteria in Title 1, chapter 13, subchapter 1‑A , may make or authorize any disclosure of information of the following types or under the following circumstances: A. If necessary in connection with processing any application for, obtaining or maintaining financial assistance for any person; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. To a financing institution or credit reporting service; [PL 2009, c. 372, Pt. B, §3 (NEW).] C. Information necessary to comply with any federal or state law or rule or with any agreement pertaining to financial assistance; [PL 2009, c. 372, Pt. B, §3 (NEW).] D. If necessary to ensure collection of any obligation in which the trust has or may have an interest; [PL 2009, c. 372, Pt. B, §3 (NEW).] E. In any litigation or proceeding in which the trust has appeared, introduction for the record of any information obtained from records designated confidential by this section; and [PL 2009, c. 372, Pt. B, §3 (NEW).] F. Pursuant to a subpoena, request for production of documents, warrant or other order by competent authority, as long as any such order appears to have first been served on the person to whom the confidential information sought pertains or belongs and as long as any such order appears on its face or otherwise to have been issued or made upon lawful authority. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 6402 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6402
35-A §6402. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 616, §10 (NEW).]

1. Charter. "Charter" means a private and special law or a series of private and special laws that establishes a water district and defines its responsibilities and authority. [PL 1995, c. 616, §10 (NEW).]

2. Standard district. "Standard district" means a water district that is a quasi-municipal corporation constituted for the purpose of supplying persons of the standard district with potable water for domestic, sanitary, commercial, industrial, agricultural and municipal purposes, and that is formed and chartered pursuant to this chapter. [PL 1995, c. 616, §10 (NEW).]

3. Water district. "Water district" has the same meaning as defined in section 6101, subsection 3 and includes, but is not limited to, standard districts. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 6511 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6511
35-A §6511. Failure to apply for assessment not a waiver
Status: in_force

The property owner's failure to apply for the assessment of damages within 3 years may not be held to be a waiver by the property owner of compensation for property taken by eminent domain. [RR 2021, c. 1, Pt. B, §432 (COR).]
35-A M.R.S. § 10210 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10210
35-A §10210. Conformity to changed standards
Status: in_force

If standards are adopted by any state or federal agency subsequent to a municipality's adoption of a commercial PACE ordinance or participation in a commercial PACE program and those standards substantially conflict with the municipality's manner of participation in the commercial PACE program, the municipality shall take necessary steps to conform its participation to those standards. [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 3706 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3706
35-A §3706. Nonliability of members for debts of cooperative
Status: in_force

No member may be liable or responsible for any debts of the cooperative and the property of the members may not be subject to execution for the cooperative's debts. This section does not apply to a generation and transmission cooperative organized in accordance with subchapter IV . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 715 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 715
35-A §715. Rulemaking
Status: in_force

The commission shall adopt rules that prescribe the allocation of costs for facilities, services or intangibles that are shared between regulated and unregulated activities of a utility or an affiliated interest as defined in section 707, subsection 1, paragraph A . Rules adopted by the commission may not establish a presumption with regard to the value of good will used by an affiliated interest in those cases where the business venture of the affiliated interest is regulated by the commission. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 158, §2 (AMD).]
35-A M.R.S. § 10206 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10206
35-A §10206. Commercial property owners
Status: in_force

1. Purchase of goods and services. A commercial property owner who has entered into a commercial PACE agreement under this chapter may purchase directly all goods and services for the energy savings improvements described in the commercial PACE agreement, subject to any applicable vendor certification required by the trust and other requirements of the trust. Goods and services purchased by a commercial property owner for the energy savings improvements under a commercial PACE agreement are not subject to any public procurement ordinance or statute. [PL 2021, c. 142, §1 (NEW).]

2. Rights. Commercial property owners retain all rights under contract or law against parties other than the municipality or the trust with respect to energy savings improvements financed through commercial PACE agreements. [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 9210 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9210
35-A §9210. Actions against authority
Status: in_force

A member of the authority, while acting within the scope of this chapter, is not subject to any personal liability resulting from the exercise or carrying out of any of the authority's purposes or powers. [PL 2005, c. 665, §3 (NEW).]
35-A M.R.S. § 305 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 305
35-A §305. Public inspection of schedules
Status: in_force

A copy of as much of the schedules as the commission determines necessary for the use of the public shall be printed in plain type and kept on file in every office of the public utility which is open to the public and where payments are made by the consumers, under such rules as the commission may prescribe. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4136 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4136
35-A §4136. Rules and rates
Status: in_force

1. Rules. The agency may make and enforce rules consistent with the purpose of this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Rates. The agency may establish, levy and collect or may authorize by contract, franchise, lease or otherwise, the establishment, levying and collection of rents, rates and other charge: A. For the services afforded by the agency or afforded by or in connection with any project or properties which it may construct, erect, acquire, own, operate or control or with respect to which it may have any interest or any right to capacity; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. For the sale of electricity or of generation or transmission capacity or service as it determines necessary, proper, desirable and reasonable. [PL 1987, c. 141, Pt. A, §6 (NEW).] Rents, rates and other charges shall be at least sufficient to meet the expenses of the agency, including operating and maintenance expenses, reasonable reserves, interest and principal payments, including payments into one or more sinking funds for the retirement of principal, and other requirements of any trust agreement or resolution and any additional amounts which must be realized in order to meet the requirements of any rate covenant imposed by any resolution or trust agreement authorizing and securing bonds, notes or other evidences of indebtedness. The agency may pledge its rates, rents and other revenues, or any part of them, as security for the repayment, with interest and redemption premiums, if any, of any money borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owed by it under any contract. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1305 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1305
35-A §1305. Hearings; examiners
Status: in_force

1. Commission's powers. Each of the commissioners, for the purposes of this Title, may: A. Hold hearings; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Conduct investigations; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Administer oaths; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Certify to official acts; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. Issue subpoenas; [PL 1987, c. 141, Pt. A, §6 (NEW).] F. Compel the attendance of witnesses and the production of books, accounts, papers, documents and testimony; [PL 1987, c. 141, Pt. A, §6 (NEW).] G. Punish by fine and imprisonment for contempt; and [PL 1987, c. 141, Pt. A, §6 (NEW).] H. Issue all processes necessary to the performance of the commission's duties. [PL 1987, c. 141, Pt. A, §6 (NEW).] [RR 2011, c. 2, §38 (COR).]

2. Examiners. The commission may appoint examiners who have authority to: A. Administer oaths; [PL 1987, c. 490, Pt. C, §4 (RPR).] B. Examine witnesses; [PL 1987, c. 490, Pt. C, §4 (RPR).] C. Issue subpoenas; [PL 1987, c. 490, Pt. C, §4 (RPR).] D. Require the production of books, accounts, papers, documents and testimony; and [PL 1987, c. 490, Pt. C, §4 (RPR).] E. Receive evidence in any matter under the commission's jurisdiction. [PL 1987, c. 490, Pt. C, §4 (RPR).] The examiners also shall perform such other duties as may be assigned to them. [PL 1987, c. 490, Pt. C, §4 (RPR).]

3. Evidence. Evidence taken and received by the examiners has the same effect as evidence taken and received by the commission and authorizes commission action as though taken and received by it. When objection is made to the admissibility of evidence, examiners authorized to practice before the Supreme Judicial Court shall rule on the admissibility of evidence in accordance with the practice and rules of evidence in civil actions in the Superior Court except as otherwise provided. [PL 1993, c. 108, §1 (AMD).]

4. Right to appeal. Either the examiner or the commissioner, who is the presiding officer at the hearing, shall at the outset of the hearing inform the public as to the steps necessary to preserve its right to appeal the final order or decision of the commission to the Supreme Judicial Court under the provisions of section 1320 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Use of advisory staff. This subsection applies to the participation of advisory staff and consultants in commission proceedings. A. If an advisory staff member or consultant relies upon facts not otherwise in the record or presents to the commission any independent financial or technical analysis not otherwise in the record, the staff member or consultant: (1) Shall place any such information into the record; (2) Is subject to discovery; and (3) Must be available to answer questions regarding those facts or analysis, in the same manner as witnesses in the proceeding, at a time sufficient to permit parties to respond. This paragraph does not apply to reviews, evaluations or examinations of information, data, studies, analyses or computer modeling placed into the record by other parties or other aid or advice provided by advisory staff members or consultants. Compliance with this paragraph does not render the advisory staff member or consultant an advocate under the Maine Administrative Procedure Act. [PL 1997, c. 691, §3 (NEW); PL 1997, c. 691, §10 (AFF).] B. On request of any party in a proceeding, the commission shall assign one or more staff members who are not advisors in the proceeding to rule on any objection to discovery requests made by or directed to advisors. [PL 1997, c. 691, §3 (NEW); PL 1997, c. 691, §10 (AFF).] C. The commission may assign one or more staff members who are not advisors in a proceeding to serve as advocates to facilitate negotiated settlements in the proceeding. If the commission receives a written request from all of the parties in an adjudicatory proceeding that one or more staff advocates be appointed to facilitate a negotiated settlement in the proceeding, the commission shall either grant the request or issue a written order explaining the reasons why the commission denies the request. [PL 1999, c. 602, §1 (AMD).] [PL 1999, c. 602, §1 (AMD).]
35-A M.R.S. § 3210-J — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-J
35-A §3210-J. Renewable energy procurement; reuse of contaminated lands
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Combined project" means an eligible Class IA resource paired and collocated with an energy storage system connected to the State's electricity grid, whether metered jointly or separately from the eligible Class IA resource. [PL 2023, c. 321, §3 (NEW).] B. "Contaminated land" means agricultural land contaminated by perfluoroalkyl and polyfluoroalkyl substances as defined in Title 38, section 1614, subsection 1, paragraph F that may no longer be used for its current or historical agricultural purposes as determined by the Department of Agriculture, Conservation and Forestry in accordance with applicable state and federal food safety standards. [PL 2023, c. 321, §3 (NEW).] C. "Eligible Class IA resource" means a Class IA resource, as defined in section 3210, subsection 2, paragraph A‑3 : (1) That begins commercial operation on or after September 19, 2023; and (2) For which a system impact study required by the New England independent system operator has been filed. [PL 2023, c. 321, §3 (NEW).] D. "Energy storage system" has the same meaning as in section 3481, subsection 6 . [PL 2023, c. 321, §3 (NEW).] [PL 2023, c. 321, §3 (NEW).]

2. Competitive procurement. The commission shall direct investor-owned transmission and distribution utilities to enter into one or more contracts for energy or renewable energy credits from eligible Class IA resources or combined projects in accordance with this section. Customers who have made an election pursuant to section 3210, subsection 10 are subject to prohibitions on bidding on or obtaining a contract under this section as provided in section 3210, subsection 10 for contracts under section 3210‑G . A. The commission shall conduct competitive solicitations for contracts under this subsection for energy or renewable energy credits equal to 5% of the retail electricity sales in this State for the period from January 1, 2021 to December 31, 2021 plus any amount determined pursuant to paragraph B . [PL 2025, c. 392, §3 (AMD).] B. The commission shall determine the amount of energy or renewable energy credits from Class IA resources selected for contracts pursuant to section 3210‑G that have not been fulfilled and shall add this amount to the amount of energy and renewable energy credits to be contracted under paragraph A . [PL 2023, c. 321, §3 (NEW).] C. [PL 2025, c. 392, §3 (RP).] C-1. The commission shall initiate a competitive solicitation for energy or renewable energy credits described in paragraph A and shall select eligible Class IA resources or combined projects as expeditiously as possible, taking into account a bidder’s ongoing interconnection costs and ability to receive federal tax credits. [PL 2025, c. 392, §3 (NEW).] D. For any amount of energy or renewable energy credits required to be procured under paragraph A that are not procured in the competitive solicitation required by paragraph C‑1 , the commission may initiate an additional competitive solicitation within 12 months of the conclusion of the solicitation required by paragraph C‑1 . The commission may initiate additional solicitations in the same manner until contracts have been approved to procure eligible Class IA resources or combined projects in accordance with paragraph A . [PL 2025, c. 392, §3 (AMD).] E. The commission shall require each bidder to demonstrate in the bid proposal the economic and community benefits the proposal will provide, including but not limited to: (1) Jobs that will be created; (2) Excise, income, property and sales taxes that will be paid; and (3) Goods and services that will be purchased. [PL 2023, c. 321, §3 (NEW).] F. In conducting a solicitation and selecting eligible Class IA resources or combined projects for contracts under this section, the commission shall: (1) Consider the expected effect of eligible Class IA resources on other renewable resources, as defined in section 3210, subsection 2, paragraph C , due to congestion and curtailment; (2) Select only those eligible Class IA resources or combined projects for contracts that will benefit ratepayers, as determined by the commission in accordance with subsection 2‑A ; and (3) Of those eligible Class IA resources or combined projects that benefit ratepayers, give preference to eligible Class IA resources or combined projects as follows: (a) Primary preference to those eligible Class IA resources or combined projects that are located on contaminated land; and (b) Secondary preference to those eligible Class IA resources or combined projects that minimize use of farmland that is not contaminated land and minimize use of forested land. [PL 2025, c. 392, §3 (AMD).] G. In conducting a solicitation and selecting combined projects for contracts under this section, the commission shall: (1) Require 2 separate bid proposals, one with the energy storage system and one without; and (2) Require an energy storage system selected for a contract to remain stationary and under the same ownership throughout the contract term. [PL 2023, c. 321, §3 (NEW).] H. The commission may establish a process by rule to allow an energy storage system to apply to the commission to be paired with and added to a contract awarded to an eligible Class IA resource after that resource has been awarded a contract. [PL 2023, c. 321, §3 (NEW).] [PL 2025, c. 392, §3 (AMD).]

2-A. Ratepayer benefits. The commission may not make a determination that a contract will benefit ratepayers as required by subsection 2, paragraph F , subparagraph (2), unless the commission determines that the contract is more likely than not to produce benefits to ratepayers that exceed the costs to ratepayers associated with the contract. [PL 2025, c. 392, §4 (NEW).]

3. Contract terms. A contract entered into pursuant to this section must be for a term of no more than 20 years, unless the commission finds a contract for a longer term to be prudent. [PL 2023, c. 321, §3 (NEW).]

4. Renewable energy credits. [PL 2025, c. 392, §5 (RP).]

5. Rules. The commission may adopt rules to implement this section. Rules adopted in accordance with this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 392, §6 (AMD).]
35-A M.R.S. § 3912 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3912
35-A §3912. Rates
Status: in_force

All persons whether private, public or municipal, shall pay to the district the rates established by the trustees for the electricity used by them and the rates may not be unjustly discriminatory within the district. The rates shall be established in accordance with this chapter and shall provide for the following purposes only: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Payment of current expenses of operation and maintenance. To pay the current expenses for operating and maintaining the electric system, including the cost of fuel and to provide for normal renewals and replacements; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Payment of interest indebtedness. To provide for the payment of the interest on the indebtedness created or assumed by the utility; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Retirement of term indebtedness. To provide each year a sum equal to not less than 2% nor more than 10% of the term indebtedness represented by the issuance of bonds created or assumed by the utility, which sum shall be turned into a sinking fund and kept there to provide for the retirement of term indebtedness. The money set aside in this sinking fund shall be devoted to the retirement of the term obligations of the utility and may be invested in such securities as savings banks in the State are allowed to hold; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Principal payments on serial indebtedness. To provide for annual principal payments on serial indebtedness created or assumed by the utility. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1901 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1901
35-A §1901. Short title
Status: in_force

This chapter may be known and cited as "the Maine Energy Cost Reduction Act." [PL 2013, c. 369, Pt. B, §1 (NEW).]
35-A M.R.S. § 9209 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9209
35-A §9209. Conflicts
Status: in_force

A member of the authority may not participate in any decision on any contract entered into by the authority under this chapter if that member has any interest, direct or indirect, in any firm, partnership, corporation or association that is party to the contract. The interest must be disclosed to the authority in writing and must be set forth in the minutes of the authority. [PL 2005, c. 665, §3 (NEW).]
35-A M.R.S. § 7235 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7235
35-A §7235. Dark fiber providers
Status: in_force

Notwithstanding any other provision of law, a person, insofar as that person is a dark fiber provider, is not subject to any regulation under this Title as a telephone utility or as a public utility. Nothing in this section affects the application of any provision of this Title that otherwise expressly applies to a dark fiber provider. [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 1322 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1322
35-A §1322. Orders temporarily suspended, altered or amended
Status: in_force

1. Orders temporarily amended. When the commission finds it necessary to prevent injury to a public utility's business or to the interest of the people, or if the commission finds there is an emergency, it may temporarily alter, amend or, with the public utility's consent, suspend existing rates, schedules or orders affecting the public utility. When the commission finds it necessary to prevent injury to a competitive electricity provider's business or to the interest of the people, or if the commission finds there is an emergency, it may temporarily alter, amend or, with the competitive electricity provider's consent, suspend existing orders affecting the competitive electricity provider. [PL 2021, c. 659, §11 (AMD).]

2. Rates. Rates made under this section: A. Apply to one or more of the public utilities in the State or to any part of them as the commission directs; and [PL 1999, c. 398, Pt. A, §23 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] B. Take effect and remain in force as the commission prescribes. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1999, c. 398, Pt. A, §23 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Limitation of authority. Nothing in this section is intended to grant the commission authority to establish or approve the rates charged by competitive electricity providers. [PL 2021, c. 659, §12 (AMD).]
35-A M.R.S. § 1102 — ME Code / Title 35-A / Part 1 / Chapter 11 / Section 1102
35-A §1102. Property not necessary or useful to a utility's duties
Status: in_force

Nothing in section 1101 prevents the sale, lease or other disposition by a public utility of property, which is not necessary or useful in the performance of its duties to the public. As to any purchaser of the property in good faith for value, the sale of property by a public utility shall be conclusively presumed to have been of property which is not necessary or useful in the performance of its duties to the public. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4153 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4153
35-A §4153. Federal insurance of guaranty; taxable bond option
Status: in_force

1. Agency authorization. The agency may obtain from any department or agency of the United States or nongovernmental insurer any insurance or guaranty, to the extent available as to, of, or for, the payment or repayment of, interest or principal, or both, or any part of interest or principal, on any bonds, notes or other evidences of indebtedness issued by the agency, or on any municipal obligations of governmental units or cooperatives purchased or held by the agency, pursuant to this chapter; and notwithstanding any other provision of this chapter, enter into any agreement or contract with respect to any insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the agency to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the agency. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Interest. The agency may covenant and consent that the interest on certain of its bonds shall be includable under the United States Internal Revenue Code of 1954 or any subsequent corresponding internal revenue law of the United States, in the gross income of the holders of the bonds to the same extent and in the same manner that the interest on bills, bonds, notes or other obligations of the United States is includable in the gross income of the holders of them under the United States Internal Revenue Code or any subsequent law. Nothing contained in this chapter may be construed to covenant or consent or to authorize any covenant or consent to the application of any other provision of any other laws, federal or state, to the agency or its bonds or notes to the elimination or modification in any way of any other exemption, privilege or immunity of them, except to the extent that may be required to undertake projects outside of the State. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3135 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3135
35-A §3135. Physical connection between lines of utilities authorized
Status: in_force

1. Connection with feed lines. A transmission and distribution utility may extend its lines to connect with the feed lines of any other transmission and distribution utility. The commission may fix such terms and conditions as will safeguard the rights and interests of both utilities. [PL 1999, c. 398, Pt. A, §50 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Emergency connection and transport of energy. The commission, in the interest of public convenience and necessity, may order any utility that is principally engaged in the transmission and distribution of electricity directly to the public or to be used ultimately by the public to transport temporarily electricity over its transmission or distribution facilities at a reasonable charge and in a manner as the commission directs when the transmission will alleviate an electric power shortage within this State that exists by reason of an emergency. Whenever the commission, upon its own motion or upon application of any transmission and distribution utility, after due notice to all interested parties and an opportunity for a hearing, makes findings based upon substantial evidence that an emergency exists and that action is necessary and appropriate in the public interest and is not detrimental to the interests of investors and consumers, it may order a utility to establish physical connection of its transmission or distribution facilities with the facilities of one or more other utilities to transmit or distribute electricity for any other utility for a temporary period. The commission may not compel a company to transmit or distribute electricity under this subsection when to do so would impair its ability to render adequate service to its customers. The commission may prescribe the terms and conditions of the arrangement to be made between the utilities affected by the order, including the compensation or reimbursement reasonably due to any of them, and, in the case of a new physical connection, the apportionment of costs between them or among them provided that a utility making application for or receiving the benefit of a connection that will inure to its sole benefit assumes the entire cost of the connection. [PL 1999, c. 398, Pt. A, §50 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 3473 — ME Code / Title 35-A / Part 3 / Chapter 34-B / Section 3473
35-A §3473. Specific measures to support solar energy
Status: in_force

1. Monitoring. The commission shall monitor the level of solar energy development in the State in relation to the goals in section 3474 , basic trends in solar energy markets and the relative costs and benefits from solar energy development, including but not limited to: A. Revenue from the sale of renewable energy credits; [PL 2023, c. 307, §3 (NEW).] B. Societal benefits through avoided greenhouse gas emissions; [PL 2023, c. 307, §3 (NEW).] C. Reduced electricity prices; and [PL 2023, c. 307, §3 (NEW).] D. Avoided or reduced costs associated with: (1) Electricity capacity requirements; (2) Environmental compliance requirements; (3) Portfolio requirements established in section 3210 ; (4) Renewable energy credit price suppression; and (5) Electricity transmission and distribution costs. [PL 2023, c. 307, §3 (NEW).] [PL 2023, c. 307, §3 (RPR).]

1-A. Reporting. By February 10th of each year, the commission shall provide a summary report of its findings under subsection 1 to the joint standing committee of the Legislature having jurisdiction over energy matters. [PL 2025, c. 39, §1 (AMD).]

2. Economic development. Within existing programs and resources, the State, including the Small Enterprise Growth Program, as established in Title 10, chapter 13 ; the Maine Technology Institute, as established in Title 5, section 12004‑G, subsection 33‑D ; the Maine Rural Development Authority, as established in Title 5, section 12004‑F, subsection 18 ; the Finance Authority of Maine, as established in Title 10, chapter 110 ; and the Department of Economic and Community Development, shall seek opportunities to promote investment in solar energy development, generation and manufacturing. [PL 2013, c. 562, §1 (NEW).]
35-A M.R.S. § 6512 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6512
35-A §6512. Proceedings to correct defect in taking by eminent domain
Status: in_force

When a taking or attempted taking by eminent domain has been adjudged defective either from formal errors in proceedings or substantial error, judgment of ouster or writ of possession shall be stayed as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Formal errors. If the error is a formal error in proceedings, the judgment or writ shall be stayed until the utility exercising the right of eminent domain has an opportunity to retake pursuant to the act conferring the right. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Substantial error. Failure to provide, in an act expressly conferring the right of eminent domain, for an act necessary to carry out the taking is a substantial error and the plaintiff shall be given judgment of title. If the error is substantial, the judgment of ouster or writ of possession shall be stayed until remedial legislation is passed at the session of the Legislature following the rendition of judgment and a new taking had pursuant to the amended Act. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. New taking; civil action not stayed. The new taking shall be had within 90 days from the rendition of the judgment when the error is merely formal and within 6 months from the adjournment of the Legislature following the rendition of judgment when the error is substantial. Nothing in this section precludes or stays a civil action for damages, and the owner of the land may maintain a civil action for damages as if in possession. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6432 — ME Code / Title 35-A / Part 6 / Chapter 64-A / Section 6432
35-A §6432. Consolidated consumer-owned water utility charter requirements; commission authority
Status: in_force

1. Commission responsibility; charter creation. If the commission approves a petition of 2 or more consumer-owned water utilities for consolidation into a single consumer-owned water utility in accordance with section 6431 , the commission shall provide the joint standing committee of the Legislature having jurisdiction over utilities matters a report on the consolidation of the utilities that includes a draft charter created in accordance with this section for the approved consumer-owned water utility. The committee may report out a bill for each approved water utility listed in the report. [PL 2023, c. 325, §9 (NEW).]

2. Charter requirements. A consolidated consumer-owned water utility charter drafted by the commission pursuant to subsection 1 must: A. Meet the requirements for a standard district in accordance with chapter 64 ; and [PL 2023, c. 325, §9 (NEW).] B. Specify that the consolidated consumer-owned water utility shall acquire all, and not less than all, of the plants, properties, assets, franchises, rights and privileges owned by the consumer-owned water utilities being consolidated, including, without limitation, all lands, buildings, waters, water rights, springs, wells, reservoirs, tanks, standpipes, mains, pumps, pipes, machinery, fixtures, hydrants, meters, services, tools, equipment and appliances used or useful in supplying water for domestic, sanitary, commercial, industrial and municipal purposes. The consideration to be paid for the plants, properties, assets, franchises, rights and privileges is the assumption by the consolidated consumer-owned water utility of all of the outstanding debts, obligations and liabilities of the consumer-owned water utilities being consolidated, including, without limitation, the assumption by the consolidated consumer-owned water utility of any outstanding notes or bonds of the consumer-owned water utilities being consolidated that are due on or after the date of the assumption. [PL 2023, c. 325, §9 (NEW).] [PL 2023, c. 325, §9 (NEW).]
35-A M.R.S. § 10102 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10102
35-A §10102. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 372, Pt. B, §3 (NEW).]

1. Administrative costs. "Administrative costs" means costs of the trust in carrying out its responsibilities under this chapter, including, but not limited to, costs of: A. Securing necessary expertise; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. Contracting for program delivery; and [PL 2009, c. 372, Pt. B, §3 (NEW).] C. Monitoring and enforcing contractual obligations. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]

2. Administration fund. "Administration fund" means the administration fund established pursuant to section 10103, subsection 5 . [PL 2009, c. 372, Pt. B, §3 (NEW).]

3. Alternative energy resources. "Alternative energy resources" means nonfossil fuel energy resources, including, but not limited to, biomass, wood, wood pellets and solar, wind or geothermal resources. [PL 2009, c. 372, Pt. B, §3 (NEW).]

3-A. Beneficial electrification. "Beneficial electrification" means electrification of a technology or process that results in reduction in the use of a fossil fuel, including electrification of a technology or process that would otherwise require energy from a fossil fuel, and that provides a benefit to a utility, a ratepayer or the environment, without causing harm to utilities, ratepayers or the environment, by improving the efficiency of the electricity grid or reducing consumer costs or emissions, including carbon emissions. [PL 2023, c. 328, §2 (AMD).]

4. Board. "Board" means the Efficiency Maine Trust Board. [PL 2009, c. 372, Pt. B, §3 (NEW).]

5. Director. "Director" means the Director of the Efficiency Maine Trust. [PL 2009, c. 372, Pt. B, §3 (NEW).]

5-A. Energy storage system. "Energy storage system" has the same meaning as in section 3481, subsection 6 . [PL 2021, c. 298, §2 (NEW).]

6. Forward capacity market. "Forward capacity market" means the program established by the regional transmission organization that is in effect on the effective date of this subsection and compensates providers of electrical capacity with payments for the availability or reduction of capacity as determined by the regional transmission organization. [PL 2009, c. 372, Pt. B, §3 (NEW).]

7. Program funds. "Program funds" means any of the funds established pursuant to this chapter, other than the administration fund, to fund Efficiency Maine Trust programs. [PL 2009, c. 372, Pt. B, §3 (NEW).]

8. Regional transmission organization. "Regional transmission organization" means the independent systems operator that administers and oversees the wholesale electricity markets in which the State participates. [PL 2009, c. 372, Pt. B, §3 (NEW).]

9. Triennial plan. "Triennial plan" means the plan required under section 10104, subsection 4 . [PL 2009, c. 372, Pt. B, §3 (NEW).]

10. Trust. "Trust" means the Efficiency Maine Trust established in section 10103 . [PL 2009, c. 372, Pt. B, §3 (NEW).]

11. Trustee. "Trustee" means a member of the board. [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 313-A — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 313-A
35-A §313-A. Submetering by electric vehicle charging station providers
Status: in_force

An electric vehicle charging station provider, as defined in section 3201, subsection 8‑B , may install an electrical submeter and may charge a submeter user only for kilowatt hours used. [PL 2015, c. 29, §1 (NEW).]
35-A M.R.S. § 3210-I — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-I
35-A §3210-I. Northern Maine Renewable Energy Development Program (REALLOCATED FROM TITLE 35-A, SECTION 3210-H)
Status: in_force

(REALLOCATED FROM TITLE 35-A, SECTION 3210-H)

1. Program established. The Northern Maine Renewable Energy Development Program, referred to in this section as "the program," is established to remove obstacles to the use of and to promote development of the substantial renewable energy resources in northern Maine. As used in this section, "northern Maine" means Aroostook County and any other area of the State in which the retail market is administered by the independent system administrator for northern Maine. The commission shall administer the program in accordance with this section and shall ensure that such administration accounts for and is designed to advance the renewable energy and climate policies and goals of the State and to: A. Encourage the rapid development of renewable resources in northern Maine to achieve greenhouse gas emissions reductions in the State and realize direct and near-term economic benefits in northern Maine; [PL 2021, c. 380, §1 (NEW); RR 2021, c. 1, Pt. A, §38 (RAL).] B. Plan for and develop the transmission infrastructure necessary for the State to expeditiously meet its renewable energy and climate goals using, to the extent practicable, renewable energy resources located in the State; [PL 2023, c. 660, §3 (AMD).] C. Transition the State's mandated renewable energy purchasing through contracting approved and ordered by the commission in accordance with this section for the purchase of capacity, renewable energy and renewable energy credits, or any combination thereof, in a manner designed to most effectively account for the changing seasonal, time of day and other electricity usage characteristics associated with beneficial electrification as defined in section 10102, subsection 3‑A over the duration of such contracts; [PL 2021, c. 380, §1 (NEW); RR 2021, c. 1, Pt. A, §38 (RAL).] D. Promote energy equity, high-quality jobs and the development of a skilled workforce, with particular consideration given to the economic circumstances and opportunities in the State's socially vulnerable counties and communities. For the purposes of this paragraph, "socially vulnerable counties and communities" means those counties and communities in the State containing populations that are disproportionately burdened by existing social inequities or lack the capacity to withstand new or worsening burdens; [PL 2023, c. 660, §4 (AMD).] E. Recognize that, in advancing the renewable energy and climate policies and goals of the State, the near-term development of the transmission and other infrastructure necessary to reduce greenhouse gas emissions is in the public interest; and [PL 2023, c. 660, §5 (AMD).] F. In collaboration with the Governor's Energy Office, established in Title 2, section 9 , seek to partner with other states, governmental entities or utilities within New England in the development of requests for proposals and the evaluation of proposals received in response to a request for proposals for a transmission line or lines under subsection 2 and renewable energy generation projects under subsection 3 . [PL 2023, c. 660, §6 (NEW).] [PL 2023, c. 660, §§3-6 (AMD).]

2. Request for proposals; transmission line or lines. The commission shall issue a request for proposals for the development and construction of a transmission line or lines necessary to connect at least 1,200 megawatts of renewable energy resources located in northern Maine and developed pursuant to subsection 3 with the electric grid operated by the New England independent system operator, referred to in this section as "the ISO-New England system." The commission may issue preliminary requests for information from utilities and private developers or release draft requests for proposals or draft transmission services agreements to gather information to inform the program. A. The proposals must be required to cover a contract term of 30 years, except that the commission may, in its discretion, approve a contract term of a different duration, and must include provisions for the construction, development and subsequent commercial operation of the transmission line or lines described in this subsection. [PL 2023, c. 660, §7 (AMD).] A-1. The commission may coordinate with other states, governmental entities or utilities within New England in the development of a request for proposals pursuant to this subsection and in the evaluation of proposals received in response to a request for proposals. The commission shall allow the Governor's Energy Office and the Office of the Public Advocate to review the proposals submitted pursuant to this subsection. The Governor's Energy Office and the Office of the Public Advocate may provide input to the commission upon review of the proposals, which may include an assessment as to whether any proposals submitted are consistent with the goals of the program as described in this section. If a proposal includes confidential or proprietary information, trade secrets or similar matters as provided by the Maine Rules of Civil Procedure, Rule 26(c), the commission may issue appropriate protective orders in accordance with section 1311‑A with respect to those portions of the proposal. [PL 2023, c. 660, §7 (NEW).] B. The commission shall evaluate the proposals received based, at a minimum, on the following factors: cost, economic benefit to northern Maine, the qualifications of the bidder or bidders, the long-term viability of each proposal and the anticipated contribution of each proposal toward the achievement by the State of its renewable energy goals under section 3210 . The commission shall disqualify any proposal that, in the commission's determination, fails to demonstrate the bidder's technical and financial capacity to successfully construct, develop and operate the transmission line or lines described in this subsection and to pursue, negotiate and contract for its interconnection with the ISO-New England system. [PL 2023, c. 660, §7 (AMD).] B-1. The commission may consider proposals that include mechanisms to mitigate and allocate risks associated with development and operation of any transmission line or lines and renewable energy generation project under subsection 3 to be developed under the program. [PL 2023, c. 660, §7 (NEW).] C. The commission shall give preference to proposals that: (1) In the commission's determination, in the aggregate with proposals received under subsection 3 , demonstrate the most cost-effective and efficient transmission access to renewable energy resources in northern Maine in a manner that best supports the achievement of the State's renewable energy goals under section 3210 and that maximize benefits to the State; (2) Provide community engagement plans and favor use, to the extent practicable, of existing utility and other rights-of-way and other existing transmission corridors in the construction of the transmission line or lines described in this subsection; (3) In the commission's determination, are likely to provide a reduction in transmission costs and costs to ratepayers for electricity over time as more energy is transmitted using the transmission line or lines described in this subsection; (4) Adequately demonstrate project viability within a commercially reasonable time frame; and (5) Maximize federal tax credits by including agreements described in 29 United States Code, Section 158(f) and by committing to entering into an employer and employee harmony agreement with a labor organization seeking to represent the transmission line or lines operations and maintenance workers. An employer and employee harmony agreement must bind all contractors and subcontractors, other than employees who work on a temporary basis for the employer, to the terms of the agreement. The agreement must be designed to ensure that all work on the transmission line or lines, including but not limited to work performed in the manufacturing, fabrication or maintenance of the transmission line or lines or operations associated with the transmission line or lines, is uninterrupted, prompt and safe. [PL 2023, c. 660, §7 (AMD).] D. The commission may consider and, in accordance with the applicable provisions of this subsection and subsection 3 , select a proposal or proposals that include both the development and construction of the transmission line or lines described in this subsection and the development and construction of one or more qualified renewable energy generation projects described in subsection 3 . [PL 2023, c. 660, §7 (AMD).] D-1. The bidder that submits a proposal selected by the commission in accordance with this subsection must, upon the issuance by the commission of a certificate of public convenience and necessity in accordance with section 3132 , be considered a transmission and distribution utility, except that the commission may limit the rights of the utility to the extent necessary to protect ratepayers from financial risks and such limitations must be specified in a contract executed pursuant to paragraph E . [PL 2023, c. 660, §7 (NEW).] E. The commission shall approve a contract or contracts between one or more transmission and distribution utilities and the bidder of any proposal selected by the commission in accordance with this subsection, except that, if at the close of the competitive bidding process the commission determines that no proposal meets the requirements of this subsection or that approval of a contract or contracts that otherwise meet the requirements of this subsection is not in the public interest, the commission may reject all proposals and may open a new competitive bidding process under this subsection. [PL 2023, c. 660, §7 (AMD).] [PL 2023, c. 660, §7 (AMD).]

3. Request for proposals; renewable energy generation projects. The commission shall issue a request for proposals for the development and construction of qualified renewable energy generation projects in northern Maine designed to connect to and transmit generated power using the transmission line or lines to be constructed pursuant to subsection 2 . The commission shall make every effort to ensure that the competitive bidding process directed by this subsection results in the approval of contracts pursuant to paragraph E . As part of the request for proposals under this subsection, the commission shall make available to potential bidders any relevant information submitted to the commission by the bidder or bidders whose proposal or proposals were approved for contracting under subsection 2 . Except as provided in paragraph B , subparagraph (2), renewable energy generation projects on which construction commenced prior to July 31, 2024 are not qualified for the purposes of this subsection. A. The proposals must be required to cover a contract term of 20 years, except that the commission may, in its discretion, approve a contract term of a different duration, and must include provisions for the construction, development and subsequent commercial operation of one or more qualified renewable energy generation projects in northern Maine that will be designed to connect to and transmit generated power using the transmission line or lines to be constructed pursuant to subsection 2 . The commission may consider only proposals for the construction of Class I and Class IA resources, as defined in section 3210, subsection 2 , and energy storage systems, except that the commission may not consider proposals for the construction of biomass generators fueled by landfill gas or by anaerobic digestion of agricultural products, by-products or waste, or waste-to-energy generation facilities fueled by municipal solid waste. For the purposes of this section, "energy storage system" means a commercially available technology that uses mechanical, chemical or thermal processes for absorbing energy and storing it for a period of time for use at a later time. [PL 2023, c. 660, §8 (AMD).] A-1. The commission may coordinate with other states, governmental entities or utilities within New England in the development of a request for proposals pursuant to this subsection and in the evaluation of proposals received in response to a request for proposals. The commission shall allow the Governor's Energy Office and the Office of the Public Advocate to review the proposals submitted pursuant to this subsection. The Governor's Energy Office and the Office of the Public Advocate may provide input to the commission upon review of the proposals, which may include an assessment as to whether any proposals submitted are consistent with the goals of the program as described in this section. If a proposal includes confidential or proprietary information, trade secrets or similar matters as provided by the Maine Rules of Civil Procedure, Rule 26(c), the commission may issue appropriate protective orders in accordance with section 1311‑A with respect to those portions of the proposal. [PL 2023, c. 660, §8 (NEW).] B. The commission may, in its discretion, consider and select in accordance with the applicable requirements of this subsection: (1) One or more contracts for capacity, renewable energy or renewable energy credits, or any combination thereof, from a qualified renewable energy generation project described in this subsection; or (2) One or more contracts for renewable energy generation projects on which construction commenced prior to July 31, 2024, if the commission determines that: (a) Such a project or projects otherwise meets the requirements of this subsection; (b) Additional line capacity remains available on the transmission line or lines to be constructed pursuant to subsection 2 ; and (c) There are no commercially viable proposals remaining for consideration for qualified renewable energy generation projects on which construction commenced or will commence on or after July 31, 2024. [PL 2023, c. 660, §8 (AMD).] C. The commission shall evaluate the proposals received based, at a minimum, on the following factors: cost, economic benefit to northern Maine, the qualifications of the bidder or bidders and, as determined by the commission, the short-term, medium-term and long-term viability of the proposals. [PL 2021, c. 380, §1 (NEW); RR 2021, c. 1, Pt. A, §38 (RAL).] C-1. The commission may consider proposals that include mechanisms to mitigate and allocate risks associated with development and operations of any transmission line or lines under subsection 2 and renewable energy generation project to be developed under the program. [PL 2023, c. 660, §8 (NEW).] D. The commission shall give greatest preference to proposals that: (1) In the commission's determination, in the aggregate with proposals received under subsection 2 , demonstrate the most cost‑effective and efficient development of renewable energy resources in northern Maine in a manner that best supports the achievement of the State's renewable energy goals under section 3210 and maximize benefits to the State; and (2) Maximize federal tax credits by including agreements described in 29 United States Code, Section 158(f) and by committing to entering into an employer and employee harmony agreement with a labor organization seeking to represent the project's operations and maintenance workers. An employer and employee harmony agreement must bind all contractors and subcontractors, other than employees who work on a temporary basis for the employer, to the terms of the agreement. The agreement must be designed to ensure that all work on the renewable energy generation project, including but not limited to work performed in the manufacturing, fabrication or maintenance of the project or operations associated with the project, is uninterrupted, prompt and safe. [PL 2023, c. 660, §8 (AMD).] E. The commission shall approve a contract or contracts between one or more investor-owned transmission and distribution utilities and the bidder of any proposal selected by the commission in accordance with this subsection. If at the close of the competitive bidding process the commission determines that no proposal meets the requirements of this subsection, that additional line capacity remains available or that approval of a contract or contracts that otherwise meet the requirements of this subsection is not in the public interest, the commission may reject all proposals and may open a new competitive bidding process under this subsection. [PL 2021, c. 380, §1 (NEW); RR 2021, c. 1, Pt. A, §38 (RAL).] F. In selecting contracts pursuant to this subsection, the commission shall make every effort to ensure that at least one such contract supports the construction and development in northern Maine of a biomass generator fueled by wood or wood waste. In considering any proposal under this subsection for a qualified renewable energy generation project that is a biomass generator fueled by wood or wood waste, the commission shall consider the waste reduction benefits to the State's forest products industry associated with the operation of the biomass generator, including, but not limited to, the avoidance of methane emissions. [PL 2021, c. 380, §1 (NEW); RR 2021, c. 1, Pt. A, §38 (RAL).] G. In selecting contracts pursuant to this subsection, the commission shall consider the effect of a contract or contracts selected on the viability of the transmission line or lines to be developed and constructed pursuant to subsection 2 and the effect on the success of the program. [PL 2023, c. 660, §8 (NEW).] Notwithstanding any provision of law to the contrary, the commission may in its discretion approve and order a contract or contracts under this subsection for the purchase, beginning on or after January 1, 2024, of capacity, renewable energy or renewable energy credits, or any combination thereof, in an amount that is at least 18% of the retail electric load in the State for the period from January 1, 2019 to December 31, 2019. To the extent practicable, the commission shall approve and order such contract or contracts on a staggered basis consistent with its expectations for the development during the years of 2024 to 2045 of beneficial electrification as defined in section 10102, subsection 3‑A and climate mitigation activities in the State and shall ensure the purchase of capacity, renewable energy or renewable energy credits necessary to achieve beneficial electrification from facilities and technology that are located in the State. [PL 2023, c. 660, §8 (AMD).]

3-A. Requests for proposals; additional generation capacity. The commission shall issue a request for proposals for the development and construction of renewable energy generation projects in northern Maine, in addition to those selected under subsection 3 , in order to maximize the utilization of the capacity of the transmission line proposal selected under subsection 2 . The commission shall: A. Approve a contract as long as the commission evaluates the contract in accordance with subsection 3, paragraph C and determines that the contract is in the public interest; and [PL 2023, c. 371, §1 (NEW).] B. Consider bids in any previous request for proposals issued under subsection 3 by: (1) Providing those bidders with an opportunity to submit updated proposals that account for any previous contract awards in order to ensure that proposals are expeditiously received and most cost-effective in consideration of those previous awards; and (2) Applying evaluation criteria set forth in this subsection, except that the commission shall give greatest preference to any proposal that: (a) Demonstrates the greatest likelihood of ensuring the success of the program by contributing to the likelihood of successful completion of the transmission line proposal selected under subsection 2 and other generation proposals selected under subsection 3 ; (b) Is submitted by a bidder that demonstrates significant experience in the successful completion of renewable energy generation projects similar to that proposal; and (c) Complements the proposals previously selected under subsection 3 , but mitigates overall risk to the success of the program by diversifying bidder selection and economic development opportunities in northern Maine. [PL 2023, c. 371, §1 (NEW).] If a selected proposal under this subsection is unable, at any time after selection and before commercial operation, to fulfill the obligations of the contract, the commission may consider other proposals received under this subsection or subsection 3 to ensure the successful implementation of the program. If the commission finds that a proposal or proposals, whether in whole or in part, received under this subsection or subsection 3 would support the overall successful implementation of the program, the commission shall approve and order a contract or contracts accordingly. [PL 2023, c. 371, §1 (NEW).]

3-B. Term sheet award; effect. Notwithstanding any provision of law that requires a developer of a proposed transmission line or lines under subsection 2 or a renewable energy generation project under subsection 3 to demonstrate title, right or interest before a permitting agency will accept and begin processing an application for any permit or approval required for such a project, a term sheet awarded by the commission to a bidder for such a project must be considered sufficient title, right or interest for the permitting agency to accept and begin processing the application. Nothing in this subsection may be construed to except a transmission line or lines or a renewable energy generation project awarded a term sheet by the commission from any requirement for title, right or interest necessary for the issuance of such a permit or approval or to deem such requirements for title, right or interest satisfied by the award of a term sheet. In an order awarding a term sheet to a bidder selected under subsection 2 , the commission shall provide an explanation of the commission's considerations and findings regarding the costs and benefits associated with the development and construction of the transmission line or lines. [PL 2023, c. 660, §9 (NEW).]

4. Regional electric grid integration and development. In implementing and administering the program under this section, the commission shall: A. Make every effort to facilitate the construction and development of the line or lines described in subsection 2 , including, but not limited to, participating in any regional or federal proceeding relating to the line or lines; [PL 2021, c. 380, §1 (NEW); RR 2021, c. 1, Pt. A, §38 (RAL).] B. Participate in proceedings involving the inclusion or integration of the line or lines described in subsection 2 and any associated upgrades by the New England power pool as defined in section 4103 , or its successor as approved by the Federal Energy Regulatory Commission, and the ISO-New England system into the ISO-New England system's transmission plan, bulk power system and pool transmission facilities, as that term is defined in the ISO-New England system's open access transmission tariff; and [PL 2021, c. 380, §1 (NEW); RR 2021, c. 1, Pt. A, §38 (RAL).] C. At its discretion, consistent with this section, use or direct one or more transmission and distribution utilities as contracting parties under this section to participate in a regional or multistate competitive market or solicitation. [PL 2021, c. 380, §1 (NEW); RR 2021, c. 1, Pt. A, §38 (RAL).] Where authorized and as practicable, the Office of the Public Advocate may engage in the activities and proceedings described in paragraph A , B or C . The commission, the Office of the Public Advocate and the Office of the Attorney General may, separately or in combination, obtain any technical or legal assistance necessary to ensure regional and federal interconnection and grid reliability standards are not employed directly or indirectly to discourage the development of the renewable energy resources in northern Maine under the program. [PL 2021, c. 380, §1 (NEW); RR 2021, c. 1, Pt. A, §38 (RAL).]

5. Public involvement and coordination. The commission and the Department of Environmental Protection shall ensure coordinated public notification and opportunities for public participation, including explanation of all public participation procedures, in connection with regulatory approvals and permitting under this Title and Title 38 for a transmission line or lines and renewable energy generation projects under the program. [PL 2023, c. 660, §10 (NEW).]
35-A M.R.S. § 755 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 755
35-A §755. Clearance reduced
Status: in_force

If the overhead high-voltage line is covered with a mechanical barrier, in accordance with section 758 , the required clearance under section 754, subsections 1 and 2 may be reduced to the designed working dimensions of the mechanical barrier. If the line is de-energized and grounded, in accordance with section 758, subsection 5 , the required clearance under section 754, subsections 1 and 2 is reduced from 10 feet to 2 feet. Under no circumstances may the overhead high-voltage line or its covering be contacted. If the overhead high-voltage lines are temporarily raised or moved to accommodate the expected work or other activity, without also being insulated or de-energized and grounded, the required clearance under section 754, subsections 1 and 2 may not be reduced. [PL 1995, c. 348, §1 (NEW).]
35-A M.R.S. § 2501 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2501
35-A §2501. Applicability
Status: in_force

1. Applicability of chapter 25. All persons engaged in the business of the transmission of communications or electricity are subject to the duties, restrictions and liabilities prescribed in this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Applicability of section 2503. Except as otherwise provided, a person may not construct facilities upon and along highways and public roads without applying for and obtaining a written location permit from the applicable licensing authority under section 2503 . Included within this requirement is every person operating telephones or transmitting television signals by wire; every person that owns, controls, operates or manages any pipeline within or through this State for the transportation as a common carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases; every water utility and every person making, generating, selling, distributing and supplying gas or electricity; every water utility or sewer company, district or system privately or municipally owned; every municipally owned or operated fire alarm, police alarm or street lighting circuit or system; every cooperative organized under chapter 35 ; the University of Maine System, for purposes described in section 2301‑A ; every dark fiber provider; every unlit fiber provider as defined in section 711, subsection 7, paragraph E ; every telecommunications service provider as defined in section 711, subsection 7, paragraph C ; every information service provider as defined in section 711, subsection 7, paragraph A ; and any other person engaged in telecommunications or the transmission of heat or electricity. [PL 2017, c. 199, §3 (AMD).]
35-A M.R.S. § 4158 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4158
35-A §4158. Notes and bonds as legal investment
Status: in_force

The State and all public officers, governmental units and agencies of the State, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, all credit unions and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, money or other funds belonging to them or within their control in any bonds, notes or other evidences of indebtedness issued under this chapter, and the bonds, notes or other evidences of indebtedness are authorized security for any public deposits. [PL 1987, c. 141, Pt. A, §6 (NEW).]