An Act is used to Further the Public Interest
Maine Legislature, Session 121, LD 0067
Committee Amendment CA_A_H318 (House)
Amends: 35-A MRSA §3136-A

COMMITTEE AMENDMENT • ./1.. to 
to Ensure that Utility Property 
H.P. 75, L.D. 67, Bill, "An Act 
is used to Further the Public 
Interest" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 35-A MRSA §3136-A is enacted to read: 
§3136-A. 
Property acgyired py eminent domain: change in use 
1. 
Definitions. 
As 
used in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Covered property" means: 
(1) 
Property in which a transmission and distribution 
utility has a property interest on the effective date 
of 
this 
paragraph 
and 
that 
the 
transmission 
and 
distribution utility or 
a 
predecessor 
in 
interest 
acguired through the exercise of eminent domain or by 
other 
means 
but 
that 
it 
had, 
at 
the 
time 
of 
acguisition, authority to take by eminent domain; or 
(2) 
Property that 
a 
transmission 
and distribution 
utility acguires after the effective date of this 
paragraph through the exercise of eminent domain or by 
other 
means 
but 
that 
it 
has, 
at 
the 
time 
of 
Page l-LR0567(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. fi .. to B.P. 75. L.n. 67 
acguisition, 
authority 
to 
take 
by 
eminent 
domain, 
except property described in Title 1, 
section 815, 
subsection 4, paragraph C. 
B. 
"Incidental uses" 
includes, 
but is not limited to, 
driveways, gardens, logging roads and other utility purposes 
such as fiber-optic and cable lines. 
C. 
"Public use" means 
any use available to the general 
public free or for a nominal fee, including, but not limi ted 
to, hiking, Skiing, 
snowmobiling, 
Camping and boating or 
vehicular access pursuant to such uses. 
2. 
Prohibition. 
Except as provided in subsection 3, 
a 
transmission and distribution utility may not: 
A. 
Use covered property for any purpose other than the 
purpose for which the property was acguiredj or 
B. 
Sell, lease, conveyor otherwise transfer any interest 
in covered property to any other entity, inClUding, but not 
limited 
to, 
an 
affiliate 
of 
the 
transmission 
and 
distribution utility. 
3. 
Commission approval. 
The commission may: 
A. 
Authorize a 
transmission and distribution utility to 
sell, lease, conveyor otherwise transfer some or all of its 
interest in covered property if the commission finds that 
the use to which the covered property will be put as a 
result of the transfer is a public usej 
B. 
Authorize a transmission and distribution utility to use 
covered property for a purpose other than the purpose for 
which the property was acguired if the commission finds that 
use to be a public use; and 
C. 
By rule establish a list of uses that may be made of 
covered property that do not reguire commission approval, as 
long as the uses are incidental uses of the covered property. 
4. 
Rules. 
Rules 
adopted pursuant to this section are 
routine technical rules as defined in Title 5, 
chapter 375, 
subchapter 2-A. I 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee 
on Utilities and Energy. 
With regard to property 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 
"to H.P. 75, L.D. 67 
acquired by eminent domain, or property acquired by other means 
but taken under the threat of eminent domain, 
this amendment 
prohibits a transmission and distribution utility from using the 
property 
for 
purposes 
other 
than 
those 
for 
which it was 
acquired. 
The 
amendment 
authorizes 
the 
Public 
Utilities 
Commission to allow public uses of covered property or, by rule, 
incidental uses of covered property. 
FISCAL :\OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/07/03 ~ae 
Office of Fiscal and Program Review 
LD67 
An Act to Ensure that Utility Property is used to Further the Public 
Interest 
LR0567(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor Cost increase - Other Special Revenue Funds 
LR0567(2) - Fiscal Note - Page 1 of 1