An Act To Secure the Safety of Electrical Power Transmission Lines
Maine Legislature, Session 126, LD 0131
Committee: Energy, Utilities and Technology
Sponsors: BOLAND, PATRICK, BEAVERS, CHAPMAN, COTTA, DUNPHY, FITZPATRICK, JONES, PEOPLES, BURNS
Amends: 35-A MRSA §122, 35-A MRSA §3131, 35-A MRSA §3132

Legislative Document 
No. 131 
H.P. 106 
House of Representatives, January 29, 2013 
An Act To Secure the Safety of Electrical Power Transmission Lines 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BOLAND of Sanford. 
Cosponsored by Senator PATRICK of Oxford and 
Representatives: BEAVERS of South Berwick, CHAPMAN of Brooksville, COTTA of China, 
DUNPHY of Embden, FITZPATRICK of Houlton, JONES of Freedom, PEOPLES of 
Westbrook, Senator: BURNS of Washington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §122, sub-§1, ¶A-1 is enacted to read: 
A-1.  "Electromagnetic pulse" means one or more pulses of electromagnetic energy 
capable of disabling, disrupting or destroying a transmission and distribution system. 
Sec. 2.  35-A MRSA §122, sub-§1, ¶C-1 is enacted to read: 
C-1.  "Geomagnetic storm" means a temporary disturbance of the Earth's magnetic 
field resulting from solar activity. 
Sec. 3.  35-A MRSA §122, sub-§1-D, ¶B, as enacted by PL 2009, c. 655, Pt. A, 
§2, is amended to read: 
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.; and 
(9) For an energy infrastructure proposal that is an electric transmission line, 
limits electromagnetic field levels and ensures the protection of the transmission 
and distribution system against damage from an electromagnetic pulse or a 
geomagnetic storm. 
Sec. 4.  35-A MRSA §3131, sub-§1-B is enacted to read: 
1-B.  Electromagnetic pulse.  "Electromagnetic pulse" means one or more pulses of 
electromagnetic energy capable of disabling, disrupting or destroying a transmission and 
distribution system. 
Sec. 5.  35-A MRSA §3131, sub-§3-B is enacted to read: 
3-B.  Geomagnetic storm.  "Geomagnetic storm" means a temporary disturbance of 
the Earth's magnetic field resulting from solar activity. 
Sec. 6.  35-A MRSA §3132, sub-§2-C, as enacted by PL 2009, c. 309, §2, is 
amended to read: 
2-C.  Petition for approval of proposed transmission line. The petition for 
approval of the proposed transmission line must contain such information as the 
commission by rule prescribes, including, but not limited to: 
A.  A description of the effect of the proposed transmission line on public health and 
safety and scenic, historic, recreational and environmental values and of the 
proximity of the proposed transmission line to inhabited dwellings; 
B.  Justification for adoption of the route selected, including comparison with 
alternative routes that are environmentally, technically and economically practical; 
and 
C.  Results of an investigation of alternatives to construction of the proposed 
transmission line including energy conservation, distributed generation or load 
management.; 
D.  A description of the design measures to be used to protect the transmission and 
distribution system against damage from an electromagnetic pulse or a geomagnetic 
storm; and 
E.  A description of the design measures to be used to mitigate or minimize 
electromagnetic field levels of the transmission line. 
Sec. 7.  35-A MRSA §3132, sub-§6, as repealed and replaced by PL 2011, c. 281, 
§1, is 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.  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 
certificate 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, state 
renewable energy generation goals, the proximity of the proposed transmission line to 
inhabited dwellings, electromagnetic field levels, protections against damage from an 
electromagnetic pulse or geomagnetic storm and alternatives 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 Department 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 
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. 8.  35-A MRSA §3132, sub-§§15 and 16 are enacted to read: 
15.  Rulemaking.  The commission, in consultation with the Department of 
Environmental Protection, shall adopt rules to identify effective design measures for a 
transmission and distribution system to limit electromagnetic field levels and ensure the 
protection of the transmission and distribution system against damage from an 
electromagnetic pulse or a geomagnetic storm. The commission may include provisions 
in the rules that require a 3rd party to verify that the design measures are incorporated 
into the construction of a transmission line. 
Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
16.  Penalties.  The commission may impose penalties in accordance with section 
1508-A if the design measures described under subsection 2-C are not incorporated into 
the construction of a transmission line. 
Sec. 9.  Implementation.  The Public Utilities Commission shall adopt rules under 
the Maine Revised Statutes, Title 35-A, section 3132, subsection 15 within 6 months of 
the effective date of this Act. On the effective date of the adopted rules, notwithstanding 
any provision of law to the contrary, a person constructing a transmission line that has 
already been approved by the commission but has not yet been completed must 
incorporate design measures to protect the transmission and distribution system against 
damage from an electromagnetic pulse or a geomagnetic storm and mitigate or minimize 
the electromagnetic field levels of the transmission line. 
SUMMARY 
This bill requires a person submitting a petition to the Public Utilities Commission 
for the purposes of receiving a certificate of public convenience and necessity for 
building a transmission line to include a description of design measures to be used that 
limit electromagnetic field levels and ensure the protection of the transmission and 
distribution system against damage from an electromagnetic pulse or a geomagnetic 
storm. The bill also requires the commission to consider electromagnetic field levels, 
electromagnetic pulse protections and geomagnetic storm protections when determining 
the public need for a transmission line. 
This bill adds similar requirements for the deciding authority, when determining 
whether an energy infrastructure proposal is in the long-term interest of the State, to 
consider electromagnetic field levels and electromagnetic pulse and geomagnetic storm 
dangers. 
The bill directs the Public Utilities Commission, in consultation with the Department 
of Environmental Protection and within 6 months of the effective date of this Act, to 
adopt routine technical rules to identify effective design measures to limit 
electromagnetic field levels and ensure the protection of the transmission and distribution 
system against damage from an electromagnetic pulse or a geomagnetic storm.  
Finally, the bill requires any transmission line currently under construction upon the 
effective date of the rules to incorporate design measures to limit electromagnetic field 
levels and ensure the protection of the transmission and distribution system against 
damage from an electromagnetic pulse or a geomagnetic storm.