An Act To Require Transmission Lines To Be Placed Underground near Certain Facilities
Maine Legislature, Session 124, LD 0044
Committee: Utilities and Energy
Sponsors: VALENTINO, HOBBINS, ADAMS, BLANCHARD, DILL, FLAHERTY, ROTUNDO, STRANG BURGESS, BARTLETT, MILLS
Amends: 35-A MRSA §3132, 35-A MRSA §3132-A

Legislative Document 
No. 44 
H.P.39 
House of Representatives, January 5, 2009 
An Act To Require Transmission Lines To Be Placed Underground 
near Certain Facilities 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative VALENTINO of Saco. 
Cosponsored by Senator HOBBINS of York and 
'77'4~-d; 1/1. mo£?-1zv-la'~w{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BLANCHARD of Old Town, DILL of Cape Elizabeth, 
FLAHERTY of Scarborough, ROTUNDO of Lewiston, STRANG BURGESS of Cumberland, 
Senators: BARTLETT of Cumberland, MILLS of Somerset. 
Printct.1 ull n:cydetJ ptlpl'r 
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• Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §3132, sub-§5, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
5. Commission approval of a proposed line. The commission may approve or 
disapprove all or p0l1ions of a proposed transmission line and shall make such orders 
regarding its character, size, installation and maintenance as are necessary, having regard 
for any increased costs caused by the orders. 
The commission may not approve a 
proposed transmission line capable of operating at 115 kilovolts or more unless it satisfies 
the requirements of section 3132-A. 
Sec. 2. 35-A MRSA §3132-A is enacted to read: 
§3132-A. 
Underground transmission lines required near certain facilities 
1. 
Underground requirement. Any p0l1ion of a transmission line capable of 
operating at 115 kilovolts or more that is constructed, rebuilt or relocated on or after 
October 1, 2009 must be placed underground if it is located adjacent to: 
A. A residential area; 
B. A public playground; 
C. A private school or public school, as defined in Title 20-A, section 1; 
D. 
A child care facility, as defined in Title 22, section 8301-A, subsection I-A, 
paragraph B; or 
E. 
A recreational camp, as defined in Title 22, section 2491, subsection 11, that 
serves children. 
2. Exemption. A transmission and distribution utility may obtain an exemption to 
the requirement in subsection 1 by demonstrating to the commission that it is 
technologically infeasible to place the transmission line underground. In detennining 
such infeasibility the commission shall consider the effect of placing the transm ission line 
underground on the reliability of the electricity transmission system in the State. 
3. 
Rules. The commission shall adopt rules to implement this section. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires that high-voltage transmission lines capable of operating at 115 
kilovolts or more constructed, rebuilt or relocated on or after October 1, 2009 near areas 
that are frequently used by children, including residential areas, public playgrounds, 
schools, child care facilities and children's camps, be placed underground. The bill 
directs the Public Utilities Commission to adopt rules regarding this requirement, and it 
provides an exemption from the requirement if a transmission and distribution utility can 
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demonstrate to the Public Utilities Commission that it is technologically infeasible to 
place the transmission line underground.