An Act To Allocate Net Revenue from Energy Corridor Leases on the Maine Turnpike for Purposes of Energy and Environmental Conservation
Maine Legislature, Session 126, LD 1386
Committee: Energy, Utilities and Technology
Sponsors: HOBBINS
Amends: 5 MRSA §282, 35-A MRSA §122

Legislative Document 
No. 1386 
H.P. 989 
House of Representatives, April 10, 2013 
An Act To Allocate Net Revenue from Energy Corridor Leases on 
the Maine Turnpike for Purposes of Energy and Environmental 
Conservation 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HOBBINS of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §282, sub-§9, as amended by PL 2011, c. 652, §1 and affected 
by §14, is further amended to read: 
9.  Energy infrastructure benefits fund.  To establish an energy infrastructure 
benefits fund. Except as otherwise provided by Title 35-A, section 122, subsections 1-C 
and, 6-B and 6-C or any other 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, the 
Treasurer of State shall transfer 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. For the purposes of this subsection, "energy 
infrastructure" and "state-owned" have the same meanings as in Title 35-A, section 122, 
subsection 1. 
Sec. 2.  35-A MRSA §122, sub-§6-C is enacted to read: 
6-C.  Revenues from energy infrastructure corridors owned by the Maine 
Turnpike Authority.  Notwithstanding subsection 6-A, an occupancy agreement 
concluded under this section must provide that 90% of net revenue generated from the 
use of land, rights-of-way and other assets owned by the Maine Turnpike Authority must 
be paid to the Maine Turnpike Authority and 10% of such net revenue must be deposited 
into the energy infrastructure benefits fund established in Title 5, section 282, subsection 
9.  Net revenue paid to the Maine Turnpike Authority must be used by the authority for 
environmental and energy conservation purposes, including but not limited to the 
following: 
A.  Development of open road tolling, all-electronic tolling and other strategies to 
conserve motor fuel; 
B.  Protection of watersheds affected by the Maine Turnpike and its associated 
structures; 
C.  Wetland damage mitigation and the protection of species endangered by turnpike 
development or expansion; 
D.  Reducing the environmental impact of salt, sand and other substances necessary 
for road clearance; 
E.  Use of sensors linked by fiber-optic networks to save fuel and enhance safety by 
monitoring highway traffic and weather conditions; 
F.  Gains in energy efficiency by such means as installing LED lighting, improving 
insulation and converting heating systems to natural gas or alternative fuels; and 
G.  Joint projects with the Department of Transportation on department projects, as 
defined in Title 23, section 1964, subsection 4-A, to enhance environmental and 
energy conservation within the State's transportation infrastructure subject to the 
limits in Title 23, section 1961, subsection 7. 
As used in this subsection, "net revenue" means the amounts owed to the Maine Turnpike 
Authority as reimbursement for its costs pursuant to an agreement negotiated pursuant to 
subsection 1-C prior to determining the amount of revenue to be divided between the 
Maine Turnpike Authority and the State under an occupancy agreement concluded under 
this section. 
SUMMARY 
Current law requires that net revenue from the lease of an energy corridor on the 
Maine Turnpike's right-of-way be deposited in the Efficiency Maine Trust.  This bill 
instead requires 10% of the net revenue to be deposited in the Efficiency Maine Trust and 
requires the balance to be used by the Maine Turnpike Authority for environmental and 
energy conservation initiatives either for the Maine Turnpike or for the State's broader 
transportation sector in joint projects with the Department of Transportation as currently 
allowed for in the turnpike's enabling act.