An Act To Amend the Laws Governing Decision-making Authority Regarding Energy Infrastructure Corridors
Maine Legislature, Session 126, LD 1517
Committee: Energy, Utilities and Technology
Sponsors: HARVELL
Amends: 35-A MRSA §122

Legislative Document 
No. 1517 
H.P. 1090 
House of Representatives, May 8, 2013 
An Act To Amend the Laws Governing Decision-making Authority 
Regarding Energy Infrastructure Corridors 
Submitted by the Governor's Energy Office pursuant to Joint Rule 204. 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HARVELL of Farmington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §122, sub-§1-B, ¶A, as amended by PL 2011, c. 655, Pt. 
MM, §14 and affected by §26, is further amended to read: 
A.  The panel includes the following members: 
(1)  The Director of the Governor's Energy Office 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 within the statutory 
corridor under consideration or that commissioner's or director's designee; and 
(4)  Four Three 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-D.; 
(5)  The Governor's senior economic advisor; and 
(6)  The Director of the Governor's Office of Policy and Management within the 
Executive Department or the director's designee. 
Sec. 2.  35-A MRSA §122, sub-§1-B, ¶D, as enacted by PL 2009, c. 655, Pt. A, 
§2, is amended to read: 
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-D.  The 
decision must be approved by the Governor prior to the entry by the State into a 
binding contract for use of a statutory corridor pursuant to this section. 
Sec. 3.  35-A MRSA §122, sub-§1-B, ¶F, as enacted by PL 2009, c. 655, Pt. A, 
§2, is amended to read: 
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.  Payments for 
appraisal costs collected from potential developers must be deposited in the energy 
infrastructure benefits fund established in Title 5, section 282, subsection 9 and may 
be expended in accordance with the responsibilities of the panel. 
Sec. 4.  35-A MRSA §122, sub-§1-D, as enacted by PL 2009, c. 655, Pt. A, §2, is 
amended to read: 
1-D.  Energy infrastructure proposal; decision criteria.  The deciding authority 
shall 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 1-B, paragraph D and subject to the 
approval of the Governor, or the Public 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: 
(1)  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 
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: 
(1)  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 statutory 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. 
Sec. 5.  35-A MRSA §122, sub-§10, as amended by PL 2009, c. 655, Pt. A, §2, is 
further amended to read: 
10.  Repeal.  This section is repealed July 30, 2015 2017. 
Sec. 6.  Transition.  Notwithstanding the provisions of this Act, the member 
serving on the Interagency Review Panel pursuant to the Maine Revised Statutes, former 
Title 35-A, section 122, subsection 1-B, paragraph A, subparagraph (4), division (b) 
immediately prior to the effective date of this Act continues to serve until the expiration 
of the member's term or the resignation of the member, whichever occurs first.  
SUMMARY 
This bill makes the following changes to the laws governing the Interagency Review 
Panel. 
1.  It adds as members of the panel the Governor's senior economic advisor and the 
Director of the Governor's Office of Policy and Management within the Executive 
Department or the director's designee. 
2.  It eliminates one of the public members of the panel. 
3.  It requires that a decision by the panel regarding an energy infrastructure corridor 
proposal be approved by the Governor before the State may enter into a binding contract 
with respect to the proposal. 
4.  It specifies that payments for appraisal costs collected from potential developers 
of an energy infrastructure corridor must be deposited in the energy infrastructure 
benefits fund. 
This bill also changes the date on which the section of law governing energy 
infrastructure corridors is scheduled to be repealed from July 30, 2015 to July 30, 2017.