An Act Regarding Energy Infrastructure Development
Maine Legislature, Session 124, LD 1786
Committee Amendment CA_A_H809 (House)
Amends: 5 MRSA §12004-G, 35-A MRSA §3131, 35-A MRSA §3132, 23 MRSA §4210-E, 35-A MRSA §10103

COMMlTTEE AMENDMENT "A" to H.P. 1274, L.D. 1786, Bill, "An Act 
Regarding Energy Infrastructure Development" 
Amend the bill in Part A by striking out all of section I and inseliing the following: 
'Sec. A-I. 5 MRSA §12004-G, sub-§30-D is enacted to read: 
30-D. 
Public Utilities 
lnteragency Review 
Expenses Only 
Panel 
35-A MRSA § 122, 
sub-§ I-B 
Amend the bill in Part A in section 2 in § 122 in subsection I by striking out all of 
paragraph B (page I, lines 13 to 17 in L.D.) and inserting the following: 
'B. "Energy infrastructure" includes electric transmission and distribution facilities, 
natural gas transm ission lines, carbon dioxide pipel ines and other energy transport 
pipelines or conduits. 
"Energy infrastructure" does not include generation 
interconnection transmission facilities or energy generation facilities.~ 
(I) Generation interconnection transmission facilities; 
(2) Energy generation facilities; or 
(3) Electric transmission and distribution facilities or energy transport pipelines 
that cross an energy infrastructure corridor or are within an energy infrastructure 
corridor for a distance of less than 5 miles.' 
Amend the bill in Pali A in section 2 in § 122 in subsection 1 in paragraph F-2 in the 
2nd line (page 1, line 36 in L.D.) by striking out the following: "existing pipeline" and 
inseliing the following: 'pipeline existing on the effective date of this paragraph' 
Amend the bill in Part A in section 2 in § 122 in subsection I by striking out all of 
paragraph F-J (page 2, lines 8 and 9 in L.D.) and inserting the following: 
JJ 
'F-J. "State-owned" means owned by the State or by a state agency or state authority. 
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COMMITTEE AlVlENDMENT "11" to H.P. 1274, L.D. 1786 
F-4. "StatutOlY corridor" means an energy infrastructure corridor designated under 
subsection I-A.' 
Amend the bill in Part A in section 2 in § 122 in subsection 1-8 by striking out all of 
paragraph A (page 2, lines 34 to 40 and page 3, lines 1 to 3 in L.D.) and inserting the 
following: 
'A. The panel includes the following members: 
(I) The Director of the Governor's Office of Energy lndependence and Security 
within the Executive Department or the director's designee; 
(2) 
The Commissioner of Administrative and Financial Services or the 
commissioner's designee; 
(3) The commissioner of each department or the director of any other state 
agency or authority that owns or controls land or assets with in the statutory 
corridor under consideration or that commissioner's or director's designee; and 
(4) Four members of the public appointed by the Governor in accordance with 
this subparagraph, subject to review by the joint standing committee of the 
Legislature having jurisdiction over utilities and energy matters and to 
confirmation by the Senate: 
(a) 
One member with expertise in energy and utilities selected from 
candidates nominated by the President of the Senate; 
(b) 
One member with expertise in real estate or finance selected from 
candidates nominated by the President of the Senate; 
(c) One member representing industrial or commercial energy consumers 
selected from candidates nominated by the Speaker of the House; and 
(d) One member representing residential energy consumers selected from 
candidates nominated by the Speaker of the House. 
Public members serve 3-year terms, except that a vacancy must be filled for the 
unexpired portion of the term. A public member serves until a successor is 
appointed. A public member may serve a maximum of 2 consecutive terms. 
Compensation of public members is as provided in Title 5, section 12004-G, 
subsection 30-0.' 
Amend the bill in Part A in section 2 in § 122 in subsection 1-8 by striking out all of 
paragraph 0 (page 3, lines 13 to 41 and page 4, line I in L.D.) and inserting the 
following: 
'D. 
The panel shall evaluate and render a decision on an energy infrastructure 
proposal for use of a statutory corridor in accordance with subsection 1-0.' 
Amend the bill in Part A in section 2 in § 122 in subsection L-B in paragraph E in the 
first line (page 4, line 2 in L.D.) by striking out the following: "paragraph 0" and 
inserting the following: 'subsection 1-0' 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT ,,(j " 
H,P, 1274, L.D. 1786 
Amend the bill in Part A in section 2 in § 122 in subsection 1-8 in paragraph E in 
subparagraph (I) in the 3rd line (page 4, line 8 in L.D,) by inserting after the following: 
"corridor" the following: 'and any conditions of use' 
Amend the bill in Paft A in section 2 in § 122 in subsection 1-8 in paragraph E in 
subparagraph (2) in the last 2 lines (page 4, lines 18 and 19 in L.D,) by striking out the 
following: "the state agency or agencies that own or control" and inserting the following: 
'any state agency or authority that owns or controls land or assets within' 
Amend the bill in Part A in section 2in § 122 in subsection 1-8 in paragraph E by 
inserting at the end the following: 
'(4) Any occupancy agreement entered into under this section for the use of any 
portion of the Interstate 95 corridor that is designated as the Maine Turnpike 
must comply with the memorandum of agreement between the Depaltment of 
Transportation and the Maine Turnpike Authority pursuant to subsection l-C.' 
Amend the bill in Part A in section 2 in § 122 in su bsection 1-8 in paragraph G in the 
5th line (page 5, line 5 in L.D.) by inselting afier the following: "agency" the following: 
'or authority' 
Amend the bill in Palt A in section 2 in § 122 in subsection 1-8 in paragraph G in 
subparagraph (I) in the first line (page 5, line 6 in L.D.) by inserting after the following: 
"agency" the following: 'or authority' 
Amend the bill in Palt A in section 2 in § 122 in subsection 1-8 by inserting after 
paragraph H the following: 
'I. The panel may adopt rules to implement this subsection. Rules adopted pursuant 
to this paragraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
Amend the bi II in Part A in section 2 in § 122 by striking out all of subsection I-C and 
inserting the following: 
'I-C. 
Maine Turnpike Authority; memorandum of agreement; approval of 
occupancy agreements. The Maine Turnpike Authority shall negotiate the terms of and 
enter into a memorandum of agreement with the Depaltment of Transportation, consistent 
with paragraph A, to govern the conditions under which the Maine Turnpike Authority 
I 
will grant an occupancy agreement for use of Maine Turnpike Authority property as palt 
of the Interstate 95 statutory corridor. The Maine Turnpike Authority shall approve the 
terms of any occupancy agreement for use of Maine Turnpike Authority property within 
the Interstate 95 corridor that is consistent with the memorandum of agreement. 
A. The terms of the memorandum of agreement must provide for: 
(1) 
Application of reasonable engineering standards of the Maine Turnpike 
Authority to the location and design of energy infrastructure on Maine Turnpike 
Authority property within the Interstate 95 statutory corridor; 
(2) 
The right of the Maine Turnpike Authority to review and approve all 
construction, reconstruction, expansion, improvement, maintenance or operation 
of energy infrastructure on Maine Turnpike Authority property as palt of the 
Interstate 95 statutolY corridor in accordance with reasonable engineering 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ~" to H.P. 1274, L.D, 1786 
standards of the Maine Turnpike Authority. The Maine Turnpike Authority may 
not unreasonably withhold approval under this subparagraph; 
(3) 
The right of the Maine Turnpike Authority to require relocation or 
reconfiguration of any portion of energy infrastntcture and all related installations 
on Maine Turnpike Authority property within the Interstate 95 statutory corridor 
at the sole cost of the owner of the energy infrastructure so affected when and to 
the extent that such relocation or reconfiguration is reasonably necessary for the 
construction, reconstruction, expansion, improvement, maintenance or operation 
of the Maine Turnpike; 
(4) The right of the Maine Turnpike Authority to regulate access to Maine 
Turnpike Authority property within the Interstate 95 statutory cOITidor in a 
reasonable manner that is consistent with the safe and proper administration of 
the Maine Turnpike as a limited access highway; and 
(5) Reimbursement to the Maine Turnpike Authority of any reasonable costs it 
may incur in relation to use of the Maine Turnpike as part of the Interstate 95 
statutory corridor, including, but not limited to, reasonable costs of review and 
inspection of design, construction, maintenance or repair of energy infrastructure 
and related operational costs, including, but not limited to, those for traffic 
control and other measures that are required to accommodate construction, 
maintenance or repair of energy infrastntcture. 
B. 
The Maine Turnpike Authority shall take all reasonable precautions, without 
forgoing or redesigning projects that it considers necessalY or convenient for 
operation of the Maine Turnpike, to avoid material interference with the development 
of energy infrastructure on Maine Turnpike Authority property as part of the 
Interstate 95 statutory corridor.' 
Amend the bill in Part A in section 2 in § 122 by inserting after subsection I-C the 
following: 
't-D. Energy infrastructure proposal; decision criteria. The deciding authority 
shaIl evaluate and render a decision on an energy infrastructure proposal in accordance 
with this subsection. For the purposes of this subsection, "deciding authority" means the 
Interagency Review Panel acting under subsection I-B, paragraph 0 or the Pub I ic 
Utilities Commission acting under subsection 5-A or section 3132, subsection 6-A. 
A. The deciding authority may approve an energy infrastructure proposal only if the 
deciding authority finds that the proposal: 
(J) Materially enhances or does not harm transmission opportunities for energy 
generation within the State; 
(2) Is reasonably likely to reduce electric rates or other relevant energy prices or 
costs for residents and businesses within the State relative to the value of those 
rates, prices Or costs but for the proposed energy infrastructure development or, if 
the deciding authority is unable to determine to its satisfaction the impact of the 
proposal on rates, prices or costs, the owner or operator of the proposed energy 
infrastructure agrees to pay annually an amount of money, determined by the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~ "to I-/'P. 1274, L.D. 1786 
deciding authority, to reduce rates, prices or costs over the life of the proposed 
energy infrastructure; and 
(3) Is in the long-term public interest of the State, based on a determination made 
in accordance with paragraph B. 
B. The deciding authority shall determine whether an energy infrastructure proposal 
is in the long-term public interest of the State. In making that determination, the 
deciding authority shall, at a minimum, consider the extent to which the proposal: 
(I) Materially enhances or does not harm transmission opportunities for energy 
generation within the State; 
(2) Is reasonably likely to reduce electric rates or other relevant energy prices or 
costs for residents and businesses within the State relative to the expected value 
of those electric rates or other energy prices or costs but for the proposed energy 
infrastructure development; 
(3) Increases long-term economic benefits for the State, including but not limited 
to 
direct 
financial 
benefits, 
employment 
opportunities 
and 
economic 
development; 
(4) Ensures efficient use of the stahltOlY corridor through collocation of energy 
infrastructure, collaboration between energy infrastructure developers and the 
preservation of options for future uses; 
, 
(5)' Minimizes conflict with the public purposes for which the state-owned land 
or asset is owned and any management plans for the land or asset within the 
statutory corridor and, when necessary, mitigates unavoidable impacts; 
(6) Limits and mitigates the effects of energy infrastructure on the landscape, 
including but not limited to using underground installation when economically 
and technically feasible; 
(7) Increases the energy reliability, security and independence of the State; and 
(8) Reduces the release of greenhouse gases.' 
Amend the bill in Part A in section 2 in § 122 in subsection 2 by striking out all of 
paragraph C (page 6, lines 8 to 17 in L.D.) and inserting the following: 
'C. 
The commission shall dismiss a petition for the designation of an energy 
infrastructure a petitioned corridor filed under this subsection if, after on the basis of 
f! preliminary review, the commission determines that the petition: 
(1) Does not contain sufficient information to support the designation of att 
eAer!?:". infrastructure a petitioned corridor; or 
(2) 
Was filed by a person other than the Office of the Public Advocate, 
E)(9cutive Department, Governor's Office of Energy lndependence and Security 
or an interested person as defined by subsection I, paragraph E a person listed in 
paragraph B.' 
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COMMITTEE AMENDMENT"~ "to I-LP. 1274, L.D, 1786 
Amend the bill in Palt A in section 2 in § 122 in subsection 2 by striking out all of 
paragraph F (page 6, lines 38 to 41 and page 7, lines 1 to 8 in L,O.) and inselting the 
following: 
'F, The commission may not designate an energy infrastructure a petitioned corridor 
that is located on in any of the following lands: 
(1) Houlton Band Trust Land, as defined in Title 30, section 6203, subsection 
2-A; 
(2) Passamaquoddy Indian territory, as defined in Title 30, section 6203, 
subsection 6; 
(3) Penobscot Ind ian territory, as defined in Title 30, section 6203, subsection 9; 
(4) Aroostook Band Trust Land, as defined in Title 30, section 7202, subsection 
2' , 
(5) Lands that constitute a park as defined in Title 12, section 180 I, subsection 7 
and Baxter State Park; ami 
(6) Federally owned land7; and 
(7) The Maine Turnpike, as described in Title 23, section 1964, subsection 9.' 
Amend the bill in Part A in section 2 in § 122 in subsection 4-A in paragraph A by 
striking out all of subparagraph (\) (page 8, lines 17 to 19 in L.O.) and inselting the 
following: 
'f 1) The person has entered into an occupancy agreement with the Interagency 
Review Panel in accordance with subsection 1-8 and, if applicable, with the 
Maine Turnpike Authority in accordance with subsection \-C, and in compliance 
with applicable state and federal rules, regulations and laws;' 
Amend the bill in Part A in section 2 in § 122 by striking out all of subsection 5-A and 
inserting the following: 
'S-A. Corridor use certificate. Whenever a person proposes to develop or construct 
energy infrastructure within a petitioned corridor, that person shall file with the 
commission a petition for a corridor use certificate. The petition for the corridor use 
certificate must contain such information as the commission by rule requires. The 
commission shall process a petition for a corridor use certificate in an adjudicatOlY 
pl'oceeding, The commission shall evaluate and render a decision on any petition for a 
corridor use certificate in accordance with subsection \-0. A certificate issued under this 
subsection must specify the terms and conditions of use of the petitioned corridor. The 
commission shall establish by rule procedures to minimize duplicative filing and review 
requirements for the corridor use celtificate for any transm ission I ine that requ ires a 
certificate of public convenience and necessity under section 3132. 
Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
Amend the bill in Part A in section 2 in § 122 by striking out all of subsection 6 and 
inselting the following: 
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COMMITTEE AMENDMENT "A" to H.P. 1274, L.D. 1786 
'6. 
Environmental review; consolidated environmental permit. 
Whenever a 
person proposes to develop or construct energy infrastructure within an energy 
infrastructure corridor, that person shall file with the depaliment an application for a 
consolidated environmental permit. 
The department shall adopt by rule pursuant to 
subsection 9 a process fer the revie',." of applications and the issuance of the consolidated 
environmental permit in accordance with this subsection. The department may request 
comments from and consult ','"ith other agencies and programs that are required by la',." to 
issue separate approvals fer some or all projects. The department may adopt rules to 
implement this subsection. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
A. A consolidated environmental permit issued by the department takes the place of 
a.ny other permits or licenses that the depaliment would otherwise require for the 
proposed project. 
B. 
The application for a consolidated environmental permit must contain such 
information as the department requires, including, but not limited to, all studies and 
documentation necessary to determine whether the proposed project is in compliance 
with the environmental laws of the State administered by the department. 
C. The applicant for a consolidated environmental permit shall pay a fee s-pecified by 
R:t!e no greater than the total amount of fees that would be required if individual 
permits were obtained by the applicant rather than the consolidated environmental 
permit and reimburse the department for any additional costs of regulatory review, 
including expenses for outside peer review or other consultants or experts assisting 
the depaliment in its review. Outside review of applications under this subsection is 
governed by Title 38, section 344-A, except that the Commissioner of Environmental 
Protection is not required to obtain the consent of the applicant to enter into an 
agreement with an outside reviewer or require that the costs of the outside review be 
reimbursed by the applicant. 
D. 
The department shall issue its decision on an application for a consolidated 
environmental permit within a timeframe specified by department rtHe--er guideline. 
The decision may specify approval, denial or approval in part and denial in part. A 
proposed project may not be undertaken if it is denied in whole or in pali by the 
department. 
E. 
Upon issuance of a consolidated environmental permit, the department shall 
certifY to the commission that the permit has been issued and whether the proposed 
project complies, in part or in whole, with the environmental laws of the State 
administered by the department and whether other agencies and programs that are 
required by law to issue separate approvals for some or all aspects of the project have 
taken final agency action on those matters requiring their separate approval. 
F. The department shall enforce the terms of the consolidated environmental permit. 
G. 
The terms of the consolidated environmental permit may require additional 
subm iss ions by the permit holder, studies and approvals with conditions. 
If the department receives an application fer a penllit to develop or construct energy 
infrastructure \vithin an energ',' infrastructure corridor orior to adootin!! a rule to 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to H.P. 1274, L,D. 1786 
implement this subsection, the department shaH process the application in accordance 
'tvith the department's mdsting revie'tV and permitting procedures.' 
Amend the bill in Pmi A in section 2 in § 122 in subsection 6-A in the first line (page 
II, line 7in L.D.) by inserting after the following: "provided by" the following: 
'subsection I-C or any other' 
Amend the bill in Part A in section 2 in § 122 in subsection 7 by striking out all of 
paragraph B (page 11, lines 15 to 36 in L.D.) and inserting the following: 
'B. Subject to approval by the commission, a person that is not a transmission and 
distribution utility that receives a certificate of public convenience and necessity 
under section 3132 or a corridor use certificate under subsection .§. 5-A to develop 
energy infrastructure within an energy infrastructure corridor may take and hold by 
right of eminent domain lands and easements within that corridor necessary for the 
proper location of the energy infrastructure covered by the certificate of public 
convenience and necessity or the cOlTidor use certificate in the same manner and 
under the same conditions as set forth in chapter 65. The right of eminent domain 
granted in this paragraph does not apply to: 
(I) Lands or easements located within 300 feet of an inhabited dwelling; 
(2) Lands or easements on or adjacent to any developed or undeveloped water 
power; 
(3) Lands or easements so closely paralleling existing wire lines of other utilities 
or existing energy transport pipelines that the proposed energy infrastructure 
would substantially interfere with service rendered over the existing lines or 
pipelines, except with the consent ofthe owners; 
(4) Lands or easements owned or used by railroad corporations, except as 
authorized pursuant to section 231 I; 
(5) Lands or easements owned by the State or an agency or authority of the State; 
and 
(6) Transmission and distribution plant that is owned, controlled, operated or 
managed by a transmission and distribution utility on the effective date of this 
section.' 
Amend the bill in Pmt A in section 2 in § 122 in subsection 7 in paragraph C in 
subparagraph (3) in the last line (page 12, line 15 in L.D.) and inserting after the 
following: "plant" the following: 'or an energy transport pipeline' 
Amend the bill in Part A in section 2 in § 122 in subsection 7 in paragraph C by 
striking out all of subparagraph (6) (page 12, lines 23 to 30 in L.D.) and inserting the 
following: 
'(6) The commission, in an adjudicatory proceeding upon petition by the Office 
of the Public Advocate or the Executive Department, Governor's Office of 
Energy Independence and Security, may transfer or convey to any person or state 
agency or authority lands and easements once acquired, except that a 
transmission and distribution utility or the owner of an energy transport pipeline 
COMMITTEE AMENDMENT 
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COMMITfEE AMENDMENT "A .. to H.P. 1274, L.D. 1786 
whose lands or easements were taken pursuant to this paragraph must be given 
the first opportunity to acquire the lands or easements to the extent necessary or 
useful in the performance of its duties as a transmission and distribution utility or 
an owner of an energy transport pipeline.' 
Amend the bi II in Part A in section 2 in § 122 by striking out all of subsection 9 and 
inserting the following: 
'9. 
Rules. 
The commission shall adopt by rule standards and procedures to 
implement this section. Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2 A, eKcept that rules adopted by the 
commission for the designation of an energy infrastructure corridor, pursuant to 
subseotion 2. paragraph A, are major substantive mles.' 
Amend the bi II in Part A by inserting after section 2 the following: 
'Sec. A-3. 35-A MRSA §3131, sub-§4-A is enacted to read: 
4-A. High-impact electric transmission line. "High-impact electric transmission 
line" means a transmission line greater than 50 miles in length that is not located in a 
statutory corridor, as defined in section 122, subsection 1, paragraph F-4, or a petitioned 
corridor, as defined in section 122, subsection I, paragraph 0-1, and that is: 
A. Constructed to transmit direct current electricity; or 
B. Capable of operating at 345 kilovolts or more and: 
(I) 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. 
Sec. A-4. 35-A MRSA §3132, sub-§6, as amended by PL 2009, c. 309, §3, is 
further amended to read: 
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. If Except as provided in subsection 6-A for a high-impact 
electric transmission line, if the commission finds that a public need exists, it shall issue a 
celiificate 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, the proximity 
of the proposed transmission line to inhabited dwellings and alternativ.es 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 
subsections 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 Depaliment 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A" to H.P. 1274, L.D. 1786 
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. 
Sec. A-S. 3S-A MRSA §3132, sub-§6-A is enacted to read: 
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 in 
accordance with section 122, subsection 1-0. 
Sec. A-6. PL 2009, c. 372, Pt. F, §S, as amended by PL 2009, c. 415, Pt. E, § I, is 
repealed. 
Sec. A-7. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 
35-A, section 122, subsection I-B, paragraph A, subparagraph (4), the Governor shall 
appoint the initial public members of the Interagency Review Panel to serve staggered 
terms. Of the initial appointees, one member serves an initial term of one year, one 
member serves an initial term of 2 years and 2 members serve initial terms of 3 years. An 
initial term of one or 2 years may not be considered a full term for purposes of limiting 
the number of terms for which a member may serve. 
Sec. A-S. 
Report. 
Within existing reSOLirces, the Executive Department, 
Governor's Office of Energy Independence and Security, in consultation with agencies 
with relevant expertise, including but not limited to the Department of Environmental 
Protection, the Public Utilities Commission, the Department of Transportation and the 
Depaltment of Defense, Veterans and Emergency Management, Maine Emergency 
Management Agency, and with interested parties, shall prepare a report on issues 
affecting the collocation of electric transmission and distribution facilities, natural gas 
transmission lines, carbon dioxide pipelines and other energy infrastructure. The report 
mList include an analysis of the safety, health, engineering, environmental, geotechnical, 
land use and other factors that restrict or otherwise affect collocation of such facilities. 
The office shall review and include in the repolt its findings with respect to practices in 
other jurisdictions as well as any industry or governmental recommendations regarding 
collocation of such facilities. The office shall include in the report a description of how 
its analysis and findings apply to energy infrastructure corridors as defined in the Maine 
Revised Statutes, Title 35-A, section 122. By February 1,20 II, the office shall submit its 
repOit to the joint standing committee of the Legislature having jurisdiction over utilities 
COMMITTEE AMENDMENT 
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COM M ITTEE AM ENDM ENT" A 
.. to H. P. 1274. L. D. 1786 
and energy matters and the [nteragency Review Panel established under Title 35-A, 
section 122 and to all state agencies with permitting authority over energy infrastruchlre, 
including but not limited to the Department of Environmental Protection, the Maine Land 
Use Regulation Commission, the Public Utilities Commission and the Department of 
Transportation.' 
Amend the bill in Part B in section I by striking out all of subsection 9 (page 13, lines 
to 14 in L.D.) and inserting the following: 
'9. Energy infrastructUl'e benefits fund. 
To establish an energy infrastruchlre 
benefits fund. Except as otherwise provided by Title 35-A, section 122, subsection l-C or 
any other law, including the Constitution of Maine, the fund consists of any revenues 
II 
derived from the use of state-owned land and assets for energy infrastructure 
development pursuant to Title 35-A, section 122. Each fiscal year, the Treasurer of State 
shall transfer 80% of revenues collected in the fund to the Efficiency Maine Trust for 
deposit by the Efficiency Maine Trust Board in program funds pursuant to Title 35-A, 
section 10103, subsection 4 and use by the trust in accordance with Title 35-A, section 
10103, subsection 4-A and 20% of revenues collected in the fund to the Department of 
Transportation for deposit in the Transportation Efficiency Fund established in Title 23, 
section 421 O-E and use by the department in accordance with Title 23, section 421 O-E, 
subsection 2. For the purposes of this subsection, "energy infrastructure" and "state-
owned" have the same meanings as in Title 35-A, section 122, subsection I.' 
Amend the bill in Part B by inserting after section I the following: 
'Sec. B-2. ·23 MRSA §4210-E is enacted to read: 
§4210-E. Transportation Efficiency Fund 
1. Establishment; sources of funds. The Transportation Efficiency Fund, referred 
to in this section as "the fund," is established as a nonlapsing fund administered by the 
Department of Transportation. The fund consists of revenues transferred from the energy 
infrastructure benefits fund pursuant to Title 5, section 282, subsection 9. Any interest on 
money in the fund must be credited to the fund. Money in the fund not spent in any fiscal 
year remains in the fund to be used for the purposes of this section. 
2. Uses; The fund must be used by the department to increase the energy efficiency 
of or reduce reliance on fossil fuels within the transportation system within the State. 
Uses of the fund may include, but are not limited to, rail, public transit, car and van 
pooling, zero-emission vehicles, biofuel and other alternative fuel vehicles, congestion 
mitigation and air quality initiatives that increase the energy efficiency of or reduce 
reliance on fossil fuels within the transportation system. The department must consider 
the transfer of funds to the Maine Turnpike Authority for uses consistent with this 
subsection. Any transfer to the Maine Turnpike Authority under this subsection in any 
calendar year may not exceed 10% of debt -service payable by the Maine Turnpike 
Authority on its bonds in that calendar year.' 
Amend the bill in Part B by striking out all of section 3 and inseliing the following: 
'Sec. B-3. 35-A MRSA §10103, sub-§4-A is enacted to read: 
COMMITTEE AMENDMENT 
COMM ITIEE AMENDMENT "A" to H.P. 1274. L. D. 1786 
4-A. Use of revenues from the energy infrastructure benefits fund. 
The trust 
shall use revenues transferred to the trust from the energy infrastructure benefits fund 
pursuant to Title 5, section 282, subsection 9: 
A. 
To ensure the steady transition to energy independence and security for the 
people, communities, economy and environment of the State in accordance with the 
triennial plan. In the expenditure of funds pursuant to this paragraph, the trust may 
provide grants, loans, programs and incentives on a competitive basis. The trust shall 
apportion the expenditures of funds pursuant to this paragraph in any fiscal year as 
follows: 
(I) Seventy-five percent for energy efficiency initiatives; and 
(2) Twenty-five percent for alternative energy resources initiatives; and 
B. To compensate public members of the Interagency Review Panel pursuant to Title 
5, section 12004-G, subsection 30-0. 
As part of the annual report required under section 10104, subsection 5, the director shall 
report on the use of revenues from the energy infrastructure benefits fund. The report 
must document the revenues transferred from the energy infrastructure benefits fund to 
the trust during the most recently completed fiscal year and the current fiscal year and 
amounts and uses of money expended by the trust in accordance with this subsection 
during the most recently completed and the current fiscal year. 
Sec. B-4. 
Transition; funding for public members of the Interagency 
Review Panel. Notwithstanding any other provision of law, until sufficient revenues 
from the energy infrastructure benefits fund are transferred to the Efficiency Maine Trust 
pursuant to the Maine Revised Statutes, Title 5, section 282, subsection 9 to compensate 
public members of the Interagency Review Panel pursuant to Title 5, section 12004-G, 
subsection 30-0, program funds of the Efficiency Maine Trust from other sources may be 
used for that purpose. 
Sec. B-5. 
Transportation efficiency and alternative energy resources 
initiatives; working groups. 
The Executive Department, Governor's Office of 
Energy Independence and Security, referred to in this section as "the office," shall 
convene 2 working groups in accordance with this section to examine and make 
recommendations regarding transportation efficiency initiatives and alternative energy 
resources initiatives funded by the revenues collected in the energy infrastructure benefits 
fund established in the Maine Revised Statutes, Title 5, section 282, subsection 9. 
1. The office shall convene a working group on transportation efficiency initiatives. 
The group must include, but is not limited to, a representative of the Department of 
Transportation, a representative of the Department of Environmental Protection and a 
representative of the Efficiency Maine Trust. The working group shall examine and 
make recommendations regarding the allocation of revenues from the energy 
infrastructure benefits fund for transportation-related purposes and the uses of the 
Transportation Efficiency Fund established in Title 23, section 4210-E. The working 
group shall submit its findings and recommendations no later than March I, 20 II to the 
joint standing committees of the Legislature having jurisdiction over transportation 
matters and over utilities and energy matters. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A .. to H.P. 1274, L.D. /786 
2. The office shall convene a working group on alternative energy resources 
initiatives. The group must include, but is not limited to, a representative of the 
Efficiency Maine Trust, a representative of a statewide environmental advocacy 
organization and a representative of renewable energy consultants. The working group 
shall examine and make recommendations regarding the allocation of revenues from the 
energy infrastructure benefits fund pursuant to Title 5, section 282, subsection 9 to the 
Efficiency Maine Trust and the uses of those revenues according to Title 35-A, section 
I 03, subsection 4-A for alternative energy resources initiatives. The working group 
shall submit its findings and recommendations no later than March I, 20 I I to the joint 
standing committees of the Legislature having jurisdiction over transportation matters and 
over utilities and energy matters. 
Sec. B-6. Appropriations and allocations. The following appropriations and 
allocations are made. 
TRANSPORTATION, DEPARTMENT OF 
Transportation Efficiency Fund NI06 
Initiative: Establishes the Transportation Efficiency Fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
$0 
$0 
2010-11 
$500 
$500 
Amend the bi II in Part C by striking out all of section 2 and inserting the following: 
'Sec. C-2. 2 MRS A §9, sub-§4 is enacted to read: 
4. 
Advice to state agencies. The director shall advise state agencies regarding 
energy-related principles for agencies to consider, along with the laws and policies 
governing those agencies, in conjunction with the sale, lease or other allowance for use of 
state-owned land or assets for the purpose of development of energy infrastructure. For 
the purposes of this subsection, "state-owned" and "energy infrastructure corridor" have 
the same meanings as in Title 35-A, section 122, subsection I. At a minimum, the 
director shall consider the following principles in advising state agencies under this 
subsection: 
A. The principles for the determination of the long-term public interest of the State 
as specified in Title 35-A, section 122, subsection 1-0, paragraph B; 
B. Avoiding wherever possible the use of lands subject to the provisions of the 
Constitution of Maine, Article IX, Section 23; 
C. Maximizing the benefit realized from the State's strategic location within New 
England and the nOliheastern region; and 
O. Complying with the provisions of the memorandum of agreement between the 
Maine Turnpike Authority and the Oepaliment of Transportation under Title 35-A, 
section 122, subsection I -C, when applicable. 
COMMITTEE AMENDMENT 
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COMMITrEE AMENDMENT "A .. to H.P. 1274, LD. 1786 
Nothing in this subsection alters any of the responsibilities or limits any of the authority 
of the Department of Administrative and Financial Services, Bureau of General Services 
pursuant to Title 5. Nothing in this subsection alters or limits the ability of departments 
or agencies of the State, along with the Bureau of General Services pursuant to Title 5, to 
generate or cogenerate energy at state facilities for use on site and elsewhere.' 
Amend the bill in Part C in section 3 in subsection \3 in the first line (page 15, line 
in L.D.) by inserting after the following: "agency" the following: 'or authority' 
Amend the bill in Part C by striking out all of section 5 and inserting the following: 
'Sec. C-S. Department of Transportation report. By January 15, 20 II, the 
Department of Transportation shall report to the joint standing committees of the 
Legislature having jurisdiction over transportation matters and utilities and energy 
matters regarding current and potential uses of abandoned railroad corridors owned or 
controlled by the department for energy infrastructure development. ' 
Amend the bill by relettering or renumbering any nonconsecutive Pmi letter or ' 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to Pali A of the bill. 
I. It clarifies the definition of "energy infrastructure." It preserves the exclusion of 
generation interconnection transmission facilities and energy generation facilities from 
the definition, as in current law, and adds an exclusion for electric transmission and 
distribution facilities and energy transport pipelines that cross an energy infrastructure 
corridor or are within a corridor for less than 5 miles. 
2. It modifies the composition of the Interagency Review Panel to incorporate 4 
members of the public: one with expeliise in energy and utilities, one with expertise in 
real estate or finance, one representing industrial or commercial energy consumers and 
one representing residential energy consumers. 
3. It modifies the provision in the bill regarding the participation of the Maine 
Tllrnpike Authority in the Interstate 95 statutory corridor. The amendment requires the 
Maine Turnpike Authority to negotiate and enter into a memorandum of agreement with 
the Department of TranspOliation to govern the conditions under which the authority will 
grant an occupancy agreement for use of the authority's property as part of the corridor 
and it specifies requirements regarding the terms of that memorandum of agreement. 
4. It clarifies and consolidates in one section of law the decision criteria to be used by 
the Interagency Review Panel and the Public Utilities Commission in evaluating and 
making decisions on energy infrastructure proposals. 
5. It adds language to prohibit the commission from designating a petitioned cOITidor 
in the Maine Turnpike. 
6. It clarifies the provisions governing the consolidated environmental permit issued 
by the Department of Environmental Protection for development with in an energy 
infrastructure corridor. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'A" to H,P. 1274, L.D, 1786 
7. It adds language in the eminent domain provisions to treat energy transport 
pipelines consistently with transmission and distribution utilities. 
8. It adds a provision to designate certain transmission lines as "high-impact electric 
transmission liDes" and to require the Public Utilities Commission to review petitions for 
those lines using the same decision criteria that govern approval of energy infrastructure 
proposals in statutory corridors and petitioned corridors. 
9. It adds a provision to explicitly repeal the provisions regarding legislative review 
of corridor plans under Public Law 2009, chapter 372, Part F, section 5. 
It makes the following changes to Pmi B of the bi II. 
I. It amends the provisions regarding the disposition of revenues in the energy 
II 
infrastructure benefits fund. In the bill, all such revenues are directed to the Efficiency 
Maine Trust. Under the amendment, 20% of the revenues are directed to a new 
Transportation Efficiency Fund to be administered by the Department of TranspOliation 
and used by the department to increase the energy efficiency of or reduce reliance on 
fossil fuels within the transpoliation system. The other 80% of the revenues is directed to 
the Efficiency Maine Trust for expenditure on energy efficiency initiatives and alternative 
energy resources initiatives. 
' 
2. It adds a new provision that directs the Executive Department, Governor's Office 
of Energy Independence and Security to convene 2 working groups to examine and make 
recommendations regarding the use of revenues generated by energy infrastructure 
development in energy infrastructure corridors. One working group is designed to focus 
on the use of these funds for transportation efficiency initiatives and the other is designed 
to focus on the use of these funds for alternative energy resources initiatives. Each group 
is required to submit a report by March 1,201 I. 
3. It adds an appropriations and allocations section. 
It makes the following changes to Part C of the bill. 
I. It amends the provision regarding advice to be provided to state agencies by the 
Director of the Governor's Office of Energy Independence and Security to ensure 
consistency with the amendments to Part A of the bill regarding the decision criteria for 
energy infrastructure development and the Maine Turnpike Authority. 
2. It clarifies that the required repoli from the Department of Transportation 
regarding current and potential uses of abandoned railroad corridors owned or controlled 
by the depaliment for energy infrastructure development must be submitted to the joint 
standing committee of the Legislature having jurisdiction over transportation matters in 
addition to the joint standing committee of the Legislature having jurisdiction over 
utilities and energy matters. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/2811 0 frCZc. 
i 
LD 1786 
LR 2578(02) 
An ActRegarding Energy Infrastructure Development 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Appropriations/Allocations' 
Other Special Revenue Funds 
$0 
$500 
$500 
Fiscal Detail and Notes 
Proj ections 
2012-13 
$500 
The Energy Independence Fund will now be referred to as the Energy Infrastructure Benefits Fund, which will receive 
revenue from the use of state-owned land and assets for energy infrastructure development. Under current law all 
such revenue stayed with the Efficiency Maine Trust. This bill moves 20% of the revenues collected to the 
Transportation Efficiency Fund within the Department of Transportation. The bill includes a base allocation of$500 
beginning in fiscal year 2010-11 to establish the Transportation Efficiency Fund, which will be used for projects that 
increase the efficiency of the state transportation system. Personnel at the Efficiency Maine Trust do not anticipate 
that diverting 20% of these revenues away from the Trust will have a major impact on. its budget. 
Any additional costs associated with serving on interagency review panels, participating in the formulation of energy 
infrastructure proposals or other matters can be absorbed by the Department of Transportation, the Public Utilities 
Commission, the DepaIiment of Environmental Protection, the Efficiency Maine Trust, the Maine Turnpike Authority 
and the Governor's Office of Energy Independence. 
LR2578(02) - Fiscal Note - Page I of I 
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