An Act Regarding Energy Infrastnncture Development . . .
Maine Legislature, Session 124, LD 1786
Committee: Utilities and Energy
Amends: 5 MRSA §12004-G, 35-A MRSA §122, 5 MRSA §282, 2 MRSA §9

Legislative Document 
No. 1786 . 
H.P.1274 
House of Representatives, February 18, 2010 
An Act Regarding Energy Infrastnncture Development 
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Reported by Representative HINCK of Portland for the Joint Standing Committee on 
Utilities and Energy pursuant to'Public Law 2009, chapter 372, Part F, section 4, subsection 6. 
Reference to the Committee on Utilities and Energy suggested and ordered printed pursuant 
to Joint Rule 218. 
Printed on recycled pilper 
'!r/~ /J1.11!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRSA §12004-G, sub-§30-D is enacted to read: 
30-D. 
Public Utilities 
Interagency Review Not Authorized 
Panel 
. 
35-A MRSA §122, 
sub-§ l-B 
Sec. A':"2. 
35-A MRSA §122, as enacted by PL 2007, c. 656, Pt. A, §3, IS 
amended to read: 
§122. Energy infrastructure corridors 
1. Definitions.' As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Department" means the Department of Environmental Protection. 
B. "Energy iIifrastructure" includes electric transmission and distribution facilities, 
generation interconnection transmission facilities, natural gas transmission lines, 
carbon dioxide pipelines and other energy trans·port pipelines or conduits.' "Energy 
infrastructure" does not include generation interconnection tmnsmission facilities or 
energy generation facilities.·. 
. 
C. "Energy infrastructure corridor" or "corridor" means a geographic area within the 
State designated by the commissioJOl in accordance with this section for the purposes 
of siting energy infrastructure. "Energy infrastructure corridor" includes statutory 
corridors and petitioned corridors. 
. 
D. "Generation interconnection transmission facility" has the same meaning as In 
section 3132, subsection I-B. 
D-l. "Petitioned corridor" means an energy infrastructure corridor designated by the 
commission in accordance with subsection 2 .. 
E. "Interested person Potential developer" means a person that can demonstrate to 
the commission the financial and technical capability to engage in the development 
and construction of energy infrastructure. 
F. "Project" means the development or construction of energy infrastructure within 
an energy infrastructure corridor. 
F-l. "Proprietary information" means information that is a trade secret or production, 
commercial or financial information the disclosure of which would impair the 
competitive position of the person who submitted the information and would make 
available information not otherwise publicly available. 
F-2. 
"Searsport~Loring corridor" means the real estate, real property rights and 
easements and infrastructure associated with the existing pipeline· and associated· 
easement corridor extending from Searsport to the former Loring Air Force Base in 
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Limestone, Maine, as granted and conveyed by the United States Air Force to the 
Loring Development Authority of Maine in 2005, together with such additional 
rights, property, easement scope and physical rights of way as may have been or may 
be acquired,' as are necessary to effectuate the intent' of the parties to the leases, 
easements and agreements existing on the effective date of this paragraph and as may 
be reas()nably necessary or desirable to further develop the Searsport-Loring corridor 
as a statutory corridor for use pursuant to subsection I-B; 
F-3. "Statutory corridor" means an energy infrastructure corridor designated under 
subsection I-A. 
. 
lOG. "Tribe" includes the Penobscot Nation, as defined in Title 30, section 6203, 
II 
subsection 10; 
the Passamaquoddy Tribe, as defined in Title 30, section 6203, 
subsection 7; the Houlton Band of Maliseet Indians, as defined in Title 30, section· 
6203, subsection 2 and the Aroostook Band of Micmacs, as defined in Title 30, 
section n02,subsection I. 
I-A. 
Statutory corridors designated. The following areas are designated as 
statutory corridors: 
A. The Interstate 95 corridor, including that portion of Interstate 95 designated as the 
Maine Turnpike, in accordance with the provisions of subsection I-C; 
B. The Interstate 295 corridor; and 
C. The Searsport-Loring corridor, subject to the following provisions. 
(I) The Searsport-Loring corridor may be used, developed and expanded for 
energy infrastructure consistent with any leases, easements or other agreements 
in effect on the effective date of this subsection. It is not a statutory corridor until 
the expiration or termination of such leases, easements or other agreements. 
(2) The executive director of the Loring Development Authority of Maine shall 
notify the Interagency Review Panel under subsection I-B when any leases, 
easements or other agreements in effect on the effective date of this subsection 
affecting or otherwise pertaining to the Searsport-Loring corridor have expired or 
otherwise terminated. 
I-B. 
Use of statutory corridors; Interagency Review Panel. The Interagency 
Review Panel, as established in Title 5, section 12004-G, subsection 30-D and referred to 
in this subsection as "the panel," shall oversee the use of statutory corridors in accordance 
with this section. 
A. The panel includes the following members: 
(1) The Director of the Governor's Office of Energy Independence 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 Economic and Community Development or the 
commissioner's designee; and 
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(4) The commissioner of each department or the director of any other state 
.. agency that owns or controls land or assets within the statutory corridor under 
consideration or that commissioner's or director's designee. 
B. The panel shall identify an initial range of value for the use of state-owned land or 
assets within a statutory corridor. The initial range of value must be determined by a 
professional appraiser who meets the qualifications of paragraph F. 
C. The panel shall establish and implement a regular process for soliciti~g, accepting 
and evalmiting energy infrastructure proposals for use of a statutory' corridor. As part 
of this process, the panel shall provide public notice of the availability of the statutOIY 
corridor for energy infrastructure development, a' description of the type of 
development anticipated in the. statutory· corridor and the opportunity for potential 
developers to submit proposals for use of the statutory corridor. 
D. 
The panel shall evaluate and render a decision on an energy infrastructure 
proposal for use of a statutory corridor on the basis of the long-term public interest of 
the State in accordance with this paragraph. 
. (1) The panel shall deny an energy infrastructure proposal that does not: 
(a) Enhance opportunities for energy generation within the State; and 
(b) 
Significantly and measurably reduce electric rates or other relevant 
energy costs for residents and businesses within the State. 
(2) The panel may accept an energy infrastructure proposal only if the panel. 
finds that the proposal is in the long-term public interest of the State. In 
determining whether the proposal is in the long-term public interest, the panel 
shall, ata minimum, consider the extent to which the proposal: . 
(a) Enhances opportunities for energy generation within the State, including 
access to the proposed energy infrastructure for renewable energy generation; 
(b) 
Significantly and measurably reduces electric rates or other relevant 
energy costs for residents and businesses within the State; 
(c) Maximizes long-term economic benefits for the State, including but not 
limited to direct fi'nancial benefits, employment opportunities and economic 
development; 
(d) Ensures .efficient use of the statutory corridor through collocation of 
energy infrastructure, collaboration between energy infrastructure developers 
and the preservation of options for future uses; 
. 
(e) 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 irnpacts; 
(f) Limits and mitigates the effects of energy infrastructure on the landscape, 
including but not 
limited to 
using underground . installation 
when 
economically and technically feasible; 
(g) Increases the energy reliability, security and independence of the State; 
and 
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(h) Reduces the release of greenhouse gases. 
E. . If a proposal is accepted pursuant to paragraph D, the panel may enter into 
negotiations with the potential' developer who submitted the proposal regarding a 
. long-term occupancy agreement with the State for the use of the statutory corridor, in 
accordance with this paragraph. 
(1) The panel shall negotiate the terms of the occupancy agreement, including 
but not limited to the length of the agreement and compensation to the State for 
use of the statutory corridor. In negotiating the occupancy. agreement, the panel 
shall take into account existing legal commitments, contractual obligations, 
reasonable investment-backed expectations and 'relevarit prior state investments, 
when applicable. 
(2) Compensation to the State may be in the form of payments made on an 
annual basis or the functional or financial equivalent, discounted prices for 
energy products or services, partial ownership by the State of the energy 
. infrastructure on the basis of the value of the statutory corridor in proportion to 
the energy infrastructure as a whole, or other appropriate form. The terms of· 
compensation 
may 
include 
provisions for. periodic adjustment of the 
compensation to the State over time and reimbursement of costs to the state 
agency or agencies that own or control the statutory corridor. 
(3) Negotiation of compensation to the State must be based on at least one 
independent appraisal performed by a professional appraiser in accordance with 
paragraph F. An independent appraisal performed under this subparagraph must, 
at a minimum, consider the costs that will be avoided by the',potential developer, 
including but not limited to the costs of acquisition, lease or rental of private 
land; the costs of property taxes .on private land, the .costs of surveying, appraisal, 
environmental, engineering and other work necessary for use of private land, the 
costs of time and potential conflict regarding the use of private land, the unique 
and limited nature of the state-owned land or asset, the revenues estimated to be 
generated by the use of the state-owned land or asset and other relevant factors. 
F. The panel shall contract for the services of a professional appraiser or appraisers 
to, assist the panel in its duties under this subsection. The professional appraiser 
contracted under this paragraph must: 
. 
(1) 
Have demonstrated experience in the valuation and evaluation of utility 
corridors or transportation corridors; 
(2) Hold a professional designation from a nationally recognized organization of 
appraisers; and 
(3) Be licensed by this State as a certified general real property appraiser in 
accordance with Title 32, section 14035 or hold a comparable license from 
another state. 
The cost· of' the services of a professional appraiser who provides services in 
accordance with this paragraph must be paid by potential developers submitting 
proposals for use of the corridor under this subsection in proportion to the amount of 
time spent by the appraiser on each potential developer's proposaL 
. 
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G. The following proprietary information, as it pertains to the sale, lease or use of 
state-owned land or assets under the provisions of this subsection· or activities in 
preparation for such sale, lease or use,· is confidential within the meaning of Title I, 
section 402, subsection 3, paragraph A and may not be released by the panel or the 
state agency involved: 
(I) Proprietary information in the possession of the state agency; and 
(2) 
Proprietary information in the possession of the panel or a professional 
appraiser assisting the panel. 
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H. No later than February I st of each year, the panel shall provide a written report to 
the joint standing committee of the Legislature having jurisdiction over utilities and 
II 
energy matters that documents the activities of and actions taken by the panel under 
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this subsection during the previous calendar year. 
I-C. Maine Turnpike Authority easement; Interstate 95 corridor. The Maine 
Turnpike Authority shall grant an .easement to the Department of Transportation along 
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that portion of Interstate 95 designated as the Maine Turnpike to allow its use as part of 
the Interstate 95 statutory corridor. The Maine Turnpike Authority and the Department of 
Trahsportation shall negotiate the terms, size and location of the easement, which must be 
consistent with Maine Turnpike engineering standards and the compensation, which may 
be no greater than the administrative costs associated with the transfer of this easement. 
Notwithstanding Title 23, chapter 24, any revenues generated from the· use of the 
easement as part of the Interstate 95 statutory corridor, including lise under an occupancy 
agreement pursiJant to subsection 1-B, paragraph E, must be deposited in the energy 
' infrastructure benefits fund established under Title 5, section 282, subsection 9. 
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2. 
Designation of petitioned corridors. 
The commission may, upon petition, 
designate energy infrastructure petitioned corridors in accordance with this subsection. 
f.,. The commission may designate an energy infrastructure a petitioned corridor only 
by rule: Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
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(I) The rulemaking to designate an energy infrastructure a petitioned corridor 
must include a public hearing in which 'any member of the public may submit 
oral or written testimony or comments, which must be incorporated into the rule-
making record in accordance with Title' 5, section 8052, subsection' 1. The 
commission shall provide an opportunity for examination of the petitioner at a 
rule-making hearing. The commission shalL allow for written comments by any 
member of the public up to 7 days prior to the nearing; The.' c0mmission, shaW 
allow a second round of written comments to be' filed within 1'0' days of the 
hearing or within such longer time as t~e commission'ma), direct 
(2) In any rulemaking regarding the designation: of an energy ihfr.astructur:ef! 
petitioned corridol', the commission shall: address: all: written! GOmlllents, indu<;Hng 
those submitted pursuant to subseGtion J, and; state' its rationale for adopting, or . 
rejecting any proposals or re.commendations contained in th0se: written 
comments. 
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(3) A designation of an energy infrastructure a petitioned corridor must be based 
on substantial evidence in the record of the rule-making hearing. 
B... The commission may. commence a proceeding to designate an energy 
infrastructure a petitioned corridor only upon the filing of a petition for the 
designation of a petitioned corridor by the Office of the Public Advocate, the 
Executive Department, Governor's Office of Energy Independence and Security or an 
interested person a potential developer. 
C. 
The commission shall dismiss a petition for the designation of an· energy 
infrastructure a petitioned corridor filed under this subsection ~..fter on the basis of 
f! prelimiriary review, if after the preliminary review the commission determines that 
the petition: 
(l) Does not contain sufficient information to support the designation. of an 
energy infrastructure a petitioned corridor; or 
(2) 
Was filed by a person other than the Office of the Public Advocate, 
Executive Department, Governor's Office of Energy Independence and Security 
or an interested person as defined by subsection 1, paragraph E a person listed in 
paragraph B. 
D. The commission may designate an energy infrastructure a petitioned corridor only 
if the commission finds, after consultation with state agencies and other entities as 
required under subsection 3, that a statutory corridor, a previously designated 
petitioned corridor or an abandoned railroad corridor owned orccintrolled by the 
Department of Transportation cannot meet the needs. of the proposed energy 
infrastructure and that the future development of energy infr~structure within the 
petitioned corridor is reasonably likely to be: 
(l) In the public interest, including, but not limited to, consideration of: 
(a) Encouraging colocation collocation of energy infrastructure; 
(b) Enhancing the efficient utilization of existing energy infrastructure; and 
(c) LImiting impacts on the landscape; and 
(2) Consistent with environmental and land us(! laws and rules of the State. A 
finding that the futme development of energy infrastructure within the petitioned 
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corridor is reasonably'likely to be consistent with environmental and land use 
laws and rules of the State under this paragraph has no evidentiary value in a 
subsequent consolidated environmental permit proceeding undertaken by the 
department pursuant to subsection 6. 
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E. In designating a geographic area as an energy infrastructure petitioned, corridor, 
' the commission shall limit the geographi~ area of the petitioned corridor to an area no 
greater in breadth and scope than is necessary to achieve the purposes ofthis section. 
F. The commission may not designate an energy infrastructure a petitioned corridor 
39. 
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; 
1, 
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(2) Passamaquoddy Indian territory, as defined in Title 30, section 6203, 
subsection 6; 
.(3) Penobscot Indian 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 1801, subsection 7 
and Baxter State Park; and 
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(6) Federally owned lewd. 
3. Petitioned corridors; notification and consultation prior to designation. Prior 
to designating an energy infrastructure a petitioned corridor under subsection 2, the 
commission shall, at a minimum, notify, C0l1Sltlt with and accept comlnents from: 
A. The department; 
A-I. A state agency that owns or controls land or.assets within the proposed corridor, 
within a statutory corridor or within a previously designated petitioned corridor; 
A-2. . The Department of Transportation regarding potential use of abandoned 
railroad corridors owned or controlled by the depal1ment; 
B. Appropriate statc~ and federal energy and natlu"al resources protection agencies, as 
specified by rules adopted pursuant to subsection 9; 
. 
C. ~he municipalities in which the petitioned corridor would be located; . 
D. 
The Maine, Land Use Regulation Commission and the counties in which the 
petitioned corridor would be located, if the proposed emlrg)' infrastructure petitioned 
corridor, or any portion of the petitioned corridor,ts would be located within 
unorganized or deorganized territories of the State; and 
E. A tribe, if the proposed eneFg)' infrastructure petitioned corridor, or any portion of, 
the petitioned corridor, ts wouid be located on land of a tribe other than those lands' 
specified in subsection 2, paragraph F. 
. 
4. Use of eonidors; eertifieate and permit required. Development or construction 
of energy infrastructure within an en erg)' infrastructure corridor IS governed by this 
subsection. 
. 
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. A. 
,r\ transmission and distribution utility may not engage in development or 
construction of a transmission line covered. by section 3132 \vithin an energy 
infrastructure corridor, unless: 
(1) The commission has issued a certificate of public convenience and necessity 
approving the transmission line in accordance with section 3132; and 
(2) The department has issued a consolidated environmental permit approving the 
project in accordance ,tVith subsection 6 .. 
B. 
,II, transmission and distribution utility may not engage in development or 
construction of energ)' infrastructure other than a transmission line covered by section 
3132"tvithin anenerg)' infrastructure corridor, unless: 
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(1) The oommission has issued a oorridor use oertifioate approving the projeot in 
aooordanoe with subseotiofl 5; and 
(2) The department has issued a oonsolidated environmental p.ermit approving the 
project ifl aooordanoe with subsection 6. 
C. A person that is not a transmission and distribution utility may not engage in 
development or oonstruction of energy infrastruoture 'Nithin an energy infrastruoture, 
oorridor, unless: 
(l) The oommission has issued a oorrIdor use oertifioate approving theprojeot in 
aooordanoe '.'lith subseotion 5; an9 
(2) The department has issued a oonsolidated environmental permit approving the 
projeot in aooordanoe "'lith subseotion 6. 
4-A. 
Use of energy infrastructure corridors; requirements. 
Development or 
construction of energy infrastructure within an energy infrastructure corridor is governed 
. by this subsection. 
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A. A person may not engage in development orconstruction of energy infrastructure 
within a statutory corridor, unless: 
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(1) The person has entered into an occupancy agreement with the Interagency 
Review Panel in accordance with subsection 1-8 and in compliance with 
applicable state and federal rules, regulations and laws; 
(2) 
The department has issued a consolidated environmental permit for the 
project in accordance with subsection 6; and 
(3) If the project is a transmission line that requires a certificate of public 
. convenience and necessity under section 3132, the commission has Issued a 
certificate of public convenience and necessity for the transmission line. 
B. A person may.not engage in development or construction of energy infrastructure 
within a petitioned corridor, unless: 
(I) The department has issued a consolidated environmental permit for the 
project in accordance with subsection 6; 
(2) 
The commission' has issued a con:idor use celiifi'cate for the project in 
accordance with subsection 5-A; and 
(3) 
If the project is a transmission line that requires a certificate of public 
convenience and necessity under section 3132, the commission has issued a 
celiificate of public convenience and necessity approving the transmission line. 
5. Corridor use eertifieate. Whenever a person proposes' to develop or oonstrupl 
energyinfrastruoture within an energy infrastruoture oorridor, except for a transmh%ien 
and distribution utility that proposes a transmission line subject to the requirements of 
section 3132, that person shall file with the 'oommission a petition for aoorridor use 
oertifioate. The petition for the oorridor use oertifioate must oontain suoh information as 
the commission by rule requires. The commission shall process a petition for a oorridor 
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use celiificate in an a;djudicatofY proceeding. The commission shall issue a corridor use 
certificate upon a finding that the project is: 
A. In the public interest; and 
B. Reaso·nably likely to: 
. 
(1) Minimize utility rates or increase the reliabilityofutility service; 
(2) Have the net effect of reducing the release Of greenhouse gases; or 
(3) Enhance economic development 'Nithin the State. 
5-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 celtificate. The petition for the corridor use 
celtificate must contain such· information as the commission by rule requires. 
The 
commission shall process a petition for a corridor use celtificate in an adjudicatory 
proceeding. The commission shall evaluate and render a decision on any petition for a 
corridor use certificate on the basis of the long-term public interest of the State in 
accordance with this subsection. 
A.. The commission shall deny any petition for a corridor use certificate upon a 
finding that the proposed energy infrastructure would "not: 
(1) Enhance oppmtun ities for energy generation with in the State; and 
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(2) Sign"ificantly and measurably reduce electric rates or other relevant energy 
costs for residents and businesses within the State. 
B. The commission may issue a corridor use celiificate for an energy infrastructure 
proposal only if the commission finds that the proposal is in the long-term public 
interest of the State. In determining whether the proposal is in the long-term public 
interest the commission shall, at a minimum, consider the extent to which the 
proposed energy infrastructure would: 
(1) 
Enhance opportunities for energy generation within the State, including 
access to the proposed energy infrastructure fOl; renewable energy generation; 
(2) Significantly and measurably reduce electric rates or other relevant energy 
costs for residents and businesses within the State; 
(3) 
Maximize long.:.term economic benefits for the· State, including but not 
limited to direct financial benefits, employment oppOliunities and economic 
development; 
(4) Ensure efficient use of the petitioned corridor through collocation of energy 
infrastructure, collaboration between energy infrastructure developers and the 
preservation of options for future uses; 
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(5) Minimize 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 
. petitioned corridor and, when necessary, mitigate unavoidable impacts; 
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(6) Limit and mitigate the effects of energy infrastructure on the landscape, 
including but not limited to using, underground installation when economically 
and technically feasible; 
(7) Increase energy reliability, security and independence of the State; and 
(8) Reduce the release of greenhouse gases. 
The commission shall establish by rule procedures to minimize duplicative filing and 
review requirements for the corridor use certificate for any transmission line that 
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requires a certificate of public convenienceand necessity under section 3132. 
6. 
Environmental review; consolidated environmental permit. 
Whenever, a 
,person proposes to develop or construct energy infrastructure within an energy 
infrastructure corridor, th~t person shall file with the department an application for a 
consolidated environmental permit. 
The department shall adopt by rule pursuant to 
subsection 9 a process for the review of applications arid the issuance of the consolidated 
environmental permit in accordance with this subsection. The department may request 
comments from and consult with other agencies and programs that are required by law to 
issue separate approvals for some or all p~ojects. 
' 
A. A consolidated environmental permit issued by the department takes the place of 
any other permits or licenses that the department would otherwise require for the' 
proposed project. 
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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 specified by 
rule and reimburse the department for any additional costs of regulatory review, 
including expenses for outside peer review or other consultants or experts assisting' 
the department in its review. Outside review of applications under this subsection is 
governed by Title 38, section 344-A, except that the Commissione'r of Environrriental 
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 fora consolidated 
environmental permit within a· timeframe specified by department rule or 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 part 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. 
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G. 
The terms of the consolidated environmental permit may require additional 
submissions by the permit holder, studies and approvals with conditions. 
If the department receives an application for a permit to develop or construct energy 
infrastructure within an energy infrastructure corridor prior to adopting a rule to 
implement this subsection, the department shall process the application in accordance 
with the department's existing review and permitting procedures. 
6-A. Revenues. Except as otherwise provided bylaw, including the Constitution of . 
Maine, revenues generated from the use of state-owned land and assets within energy 
infrastructure corridors must be deposited in the energy infrastructure benefits fund 
established in Title 5, section 282, subsection 9. 
7. Eminent domain. This subsection grants and limits certain rights of eminent 
domain with respect to energy infrastructure corridors. 
A. The eminent domain authority of a transmission and distribution utility within an 
energy infrastructure corridor is governed by section 3136. 
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, other than generation interconnection transmission facilities, 
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 corridor 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: 
(1) Lands or easements located within 300 feet of an inhabited dwelling; 
(2) Lands or easements on or adjacent to any developed orllndeveloped water 
power; 
(3) Lands or easements so closely paralleling existing wire lines of other utilities 
that the proposed energy infrastructure would substantially interfere with service 
rendered over the existing lines, except with the consent of the owners; 
(4) Lands or easemel1ts owned or used by railroad corporations, except· as 
authorized pursuant to section 2311 ; 
(5) Lands or easements owned by 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. 
C. 
The commission may take and hold by right of eminent domain lands and 
easements within an energy infrastrllchire corridor in accordance with this paragraph, 
notwithstanding any transmission and distribution utility ownership of the lands or 
easements. 
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(1) The commission may exercise the authority under this paragraph only in an 
adjudicatory proceeding upon a petition by the Office of the Public Advocate or 
the Executive Department, Governor's Office of Energy Independence and 
Security demonstrating that such action is urgently needed to avoid substantial 
harm t9 electricity consumers regarding anticipated activity associated with an 
energy infrastructure corridor. A determination by the commission that the 
exercise of eminent domain under this paragraph is urgently needed to avoid 
substantial harm to electricity consumers regarding anticipated activity associated" 
with an energy infrastructure corridor constitutes reviewable final agency action; 
(2) The amount of any lands or easements taken by the commission pursuant to 
this subsection may be no greater than is required to avoid the harm to electricity 
consumers identified under subparagraph (1). 
(3) The right of eminent domain granted in this paragraph does not apply to 
personal property, fixtures or improvements that constitute transmission and 
distribution plant. 
(4) The commission may exercise the right of eminent domain for the purposes of 
this paragraph in the same manner and under the saine conditions as set forth in 
chapter 65 .. For the purposes of the exercise of eminent domain authorized by 
this paragraph, the commission is both a person and the State. 
(5) The commission is authorized to assess transmission and distribution utilities 
to the extent necessary to obtain sufficient funds to pay for lands and easements 
taken pursuant to. this subsection. 
" 
(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 
lands and easements once acquired, except that a transmission and distribution 
utility whose lands or easements were taken pursuant to this paragraph must be 
given the first opportunity to acquire the lands .or ease~ents to the extent 
necessary or useful in the performance of its duties as a transmission and 
distribution utility. 
(7) The commission shall report on the circumstances of any taking by eminent 
domain to the joint standing committee of the Legislature. having jurisdiction 
over utilities and energy matters during the next regular session of the Legislature 
following the acquisition of lands or easements by eminent domain. 
8. Utility service territory. Nothing in this section modifies existing restrictions on 
entities providing service within a public utility's service territory provided under chapter 
21. 
9; Rules. The commission-and the departinent, as appropriate, 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, chapfer 375, subchapter 2-A, 
except that rules adopted by the commission for. the designation of an energy 
infrastructure a petitioned corridor, pursuant" to subsection 2, paragraph A, are" major 
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substantive rules. 
10. Repeal. This section is repealed July 30, ;w..H-2015. 
PARTB 
Sec. B-1. . 5 MRSA §282, sub-§9, as enacted by PL 2009, c. 372, Pt. ·F, §3, is 
repealed and the following enacted in its place: 
. 
9. 
Energy infrastructure benefits fund. 
To establish an energy infrastructure 
benefits fund. Except as otherwise provided by law, including the Constitution of Maine, 
the fund consists of any revenues derived from the use of state-owned land and assets for 
energy infrastructure development pursuant to Title 35-A, section 122. Each fiscal year, 
all revenues collected in the fund must be transferred by the Treasurer of State to the 
Efficiency Maine Trust for deposit by the Efficiency Maine Trust Board in program funds. 
II 
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.· For the purposes of this subsection, 
"energy infrastructure" has the same meaning as in Title 35-A, section 122, subsection 1, 
paragraph B. . 
. 
Sec. B-2. 35-A MRS A §lOl03, sub-§4, as enacted by PL 2009, c. 372, Pt. B, §3, 
is amended to read: 
.. Program funding. The board may apply for and receive grants from state, 
federal and private sources for deposit into appropriate program funds. The board may 
deposit in appropriate program funds the proceeds of any bonds issued for the purposes of 
programs administered by the trust. 
The board may receive and shall deposit in 
appropriate program funds revenue resulting from any forward capacity market or other 
capacity payments from the regional transmission organization that may be attributable to 
by those projects funded tflese by those funds. The board shall deposit into appropriate 
program funds revenue transfeITed to the trust from the energy infrastructure benefits 
fund pursuant to Title 5, section 282, subsection 9 for use in accordance with subsection 
4-A. The board may' also deposit any grants or other funds received by or from any entity 
with which the trust has an agreement or contract pursuant to this chapter if the board 
deterinines that receipt of those funds is consistent with the purposes of this chapter. 
Sec. B-3. 35-A MRSA §lOl03, sub-§4-A is enacted to read: 
4-A. Use of energy infrastructure benefits fund. Revenues transferred to the trust 
from the energy infrastructure benefits fund pursuant to Title 5, section 282, subsection 9, 
must be u·sed by the trust on a competitive basis to ensure the steady transition to energy 
independence arid security for the people, communities, economy and environment·ofthe 
State.· In the expenditure of funds pursuant to this subsection, the board shall give 
preference to proposals in the following categories in the following order, with a 
maximum of 50% of expenditures in any fiscal year in anyone category: 
A. Grants and loans to manufacturing entities for energy efficiency initiatives; 
B. Grants and loans to increase efficiency in the ways homes and businesses are 
heated, energy is used and people and cargo are transp0l1ed; and 
C. Economic incentives for the development of renewable energy resources. 
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The director shall provide a report to the joint standing committee of the Legis1ature-
having jurisdiction over utilities and energy matters annually by January 15th regarding 
the use of revenues from the energy' infrastructure benefits fund. The report must 
document the revenues trarisferred 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. . 
PARTe 
Sec. C-l. 2 MRSA §9, sub-§3, IlffC, as amended by PL 2009, c. 372, Pt. H, §2, is 
further amended to read: 
" 
C. 
In consultation with the Efficiency Maine Trust Board, established in Title 5, 
section 12004-G, subsection 10-C, prepare and submit a comprehensive state energy 
plan to the Governor and the Legislature by January 15,.2009 and submit an updated 
plan every 2 years thereafter. Within the comprehensive state energy plan, the 
. director shall identify transmission.capacity and infrastructure needs and recommend 
appropriate actions to facilitate the development and integration of new renewable 
energy generation within the State and support the State's renewable resource 
portfolio requirements specified in Title 35-A,' section 3210 and wind energy 
development goals specified in Title 35-A, section 3404; 
S.ec. C-2. 2 MRSA §9, sub-§4 is enacted to read: 
4. Advice to state agencies; The director shall advise state agencies regardirig 
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,' as 
defined by Title 35-A, section 122,' subsection I, paragraph B. 
At a minimum, the 
director shall consider the following principles in advising state agencies under this 
subsection: 
A. Enhancing opportunities for energy generation within the State, including access 
to the proposed energy infrastructure for renewable energy generation; 
B. Significantly and measurably reducing electric rates or other relevant energy costs 
for residents and businesses within the State; 
. 
C. Maximizing long-term economic benefits for the State, inCluding but not limited 
to direct financial benefits, employment opportunities and economic development; 
D. Ensuring efficient use of the state-owned land or asset through collocation of 
energy infrastructure, collaboration between energy infrastructure developers and 
preservation of options for future uses; 
. 
E. Minimizing conflict with the public purposes for which the state-owned land or 
asset is owned and any management plans for the land or asset and, when necessary, 
mitigating unavoidable impacts; 
F. 
Limiting and mitigating the effects of energy infrastructure on the landscape, 
including but not limited to using underground installation when economically and 
technically feasible; 
G. Increasing the State's energy independence, reliability and security; 
5, 
H. Reducing the release of greenhouse gases; 
I. Avoiding wherever possible the use of lands subject to the provisions of the 
ConstitUtion of Maine, Article IX, Section 23; and 
J. Maximizing the benefif realized from this State's strategic location within New 
England and the northeastern region. 
Sec. C-:J. 3S-A MRSA §3132, sub-§13, as amended by PL 2009, c. 123, §6, is 
further amended to read: 
13. Public lands. The State, any agency 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 
transmissioT! line subject to this section, unless the person has received a certificate of 
' 
public convenience and necessity from the commission pursuant tothis section. 
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 Prote'ction 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 snbsection II-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 
, 29 
conveys the intent to pursue a future sale, lease or other conveyance of land. 
Sec. C-4. Legislative review; implementation. The joint standing committee of 
the Legislature having jurisdiction, over utilities and energy matters shall review the 
implementation of this Act during the First Regular Session of the 125th Legislature. 
Based on its review, the joint s'tanding committee may submit a bill relating to this Act to 
,the First Regular Session of the 125th Legislature. 
Sec. C-S. Department, of Transportation report. By January 15, 2011"the 
Department of Transportation shall report to the joint standing committee of the 
Legislature having jurisdiction over utilities and energy matters regarding current and 
potential uses of abandoned railroad corridors owned or controlled by'the depal1ment for 
energy infrastructure development. 
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SUMMARY 
This bill amends the laws governing energy infrastructure corridors to designate 
several state-owned energy infrastructure corridors as "statutory corridors" and to 
continue a petition process for "petitioned corridors." The bill establishes a process for 
the State to use when entering into occupancy agreements for construction and 
development of energy infrastructure. within statutory corridors. 
It establishes an 
interagency review panel to oversee the use of the statutory corridors, including 
soliciting, a,ccepting and evaluating proposals for the .use and establishing standards for 
approval of the use of statutory corridors to ensure that their use is in the long-term best 
interests of the State. 
It requires a long-term occupancy agreement, a consolidated 
environmental permit from the Department of Environmental Protection and, if the 
project is a transmission line, a certifi<;:ate of public convenience and necessity from the 
Public Utilities Commission. 
The bill establishes standards for the use of a petitioned corridor, reqUlrmg all 
projects to obtain a corridor use certificate from the Public Utilities Commission and 
requiring the Public Utilities Commission to deny projects that. do not enhance 
opportunities for energy generation in the State and significantly and measurably reduce 
electric rates or other relevant energy costs for residents and businesses within the State. 
The bill requires that, except when prohibited by law, including the Constitution of 
Maine, all revenues generated from the use of state-owned land and assets within energy 
infrastructure corridors be deposited in an energy infrastructure benefits fund and from 
there transferred to the Efficiency Maine Trust and used on a competitive basis to ensure 
the steady transition to energy independence and security. It requires the Efficiency 
Maine Trust, in the expenditure of funds, to give pref~rence to proposals in 3 sp~cific 
categories, with no more than 50% of expenditures in anyone fiscal year devoted to any 
one category. 
The bill amends the laws governing the repeal date for the energy infrastructure 
corridor laws, changing the date from July 30, 2011 to July 30,2015 .. 
The bill requires annual reports to the joint standing committee of the Legislature 
having jurisdiction over utilities and energy matters from the interagency review panel 
regarding the activitIes of the panel in overseeing use of the statutory corridors and from 
the Efficiency Maine Trust regarding expenditure of funds from the energy infrastructure 
. 
. benefits fund .. In addition, it requires the Department of Transportation to report by 
January 15, 2011 regarding current and potential uses of abandoned railroad corridors for 
energy infrastfucture development. Finally, the bill requires the joint standing committee 
of .the Legislature having jurisdiction over utilities and energy matters to review the 
implementation of this legislation during the First Regular Session of the 125th 
Legislature and authorizes the committee to submit a bill based on its review.