An Act To Ensure Reliable Power Supply to Homes and Businesses
Maine Legislature, Session 127, LD 0797
Committee: Energy, Utilities and Technology
Sponsors: WARD, HILL, BEAVERS, BUCKLAND, DUNPHY, GROHMAN, HIGGINS, O'CONNOR, WADSWORTH, CUSHING
Amends: 35-A MRSA §2522

Legislative Document 
No. 797 
H.P. 546 
House of Representatives, March 10, 2015 
An Act To Ensure Reliable Power Supply to Homes and Businesses 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative WARD of Dedham. 
Cosponsored by Senator HILL of York and 
Representatives: BEAVERS of South Berwick, BUCKLAND of Farmington, DUNPHY of 
Embden, GROHMAN of Biddeford, HIGGINS of Dover-Foxcroft, O'CONNOR of Berwick, 
WADSWORTH of Hiram, Senator: CUSHING of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §2522, as amended by PL 2011, c. 623, Pt. B, §12, is further 
amended to read: 
§2522.  Maintenance of utility facilities 
Notwithstanding any other provision of law, a transmission and distribution utility or 
entity authorized under section 2301 to construct lines may shall trim, cut or remove by 
cutting trees located within the public right-of-way of a public way and may shall trim or 
cut portions of trees encroaching upon the public right-of-way when necessary on either 
side of a line to a minimum of 20 feet from the line or to the edge of the public right-of-
way, whichever is less.  A transmission and distribution utility or entity authorized under 
section 2301 to construct lines shall ensure that every 5 years all areas along its lines are 
trimmed to ensure safe and reliable service if in accordance with the following: 
1.  Notice to applicable licensing authority.  Notice is must be provided by the 
utility or entity to the applicable licensing authority, as defined in section 2502, at least 
days before the trimming, cutting or removal of trees; 
2.  Consultation with applicable licensing authority.  Upon request of the 
applicable licensing authority, the utility or entity consults shall consult with the 
applicable licensing authority before the trimming, cutting or removal of trees.  Notice 
must be sent to each municipality in which trimming, cutting or removal of trees is to be 
conducted and the utility or entity shall consult with the applicable municipal licensing 
authority or, if none, the municipal officers before commencing operations.  The 
municipal licensing authority or, if none, the municipal officers may elect to hold a public 
hearing on the utility's or entity's proposal and, if so, the utility or entity may not 
commence operations until after the public hearing has been held; 
3.  Public notice.  Public notice is must be placed in at least 2 newspapers with 
circulation in the area where trimming, cutting or removal of trees is scheduled to occur 
at least 30 days before the trimming, cutting or removal of those trees.  The notice must 
state that customers may request to be placed on the list, required under subsection 4, of 
persons who have requested to be personally consulted before the trimming, cutting or 
removal of trees; 
4.  Customer notice list.  Before the trimming, cutting or removal of trees, the utility 
or entity confers shall confer with any person who requests personal consultation 
concerning the trimming, cutting or removal of trees on property in which the person has 
a legal interest.  The utility or entity shall keep a list of persons who have requested 
personal consultation under this subsection.  The utility or entity shall notify annually, in 
the form of a bill insert, all of the utility's or entity's customers of the opportunity to be on 
the list required under this subsection; and 
5.  Shade and ornamental trees.  Before removing a shade or ornamental tree, the 
utility or entity consults shall consult with the owner of the land upon which the tree is 
located.  For purposes of this subsection, "owner" includes a person who owns the 
underlying fee interest in land encumbered with a public easement. 
This section does not apply to trimming, cutting or removal of trees undertaken in 
emergency situations. 
SUMMARY 
Under current law, a transmission and distribution utility or other entity authorized to 
construct lines may trim, cut or remove trees located within the public right-of-way and 
trim or cut portions of trees encroaching upon the public right-of-way when necessary to 
ensure safe and reliable service. 
This bill instead requires that, to ensure safe and reliable service, a transmission and 
distribution utility or other entity authorized to construct lines trim, cut or remove trees 
located within the public right-of-way and trim or cut portions of trees encroaching upon 
the public right-of-way on either side of a line to a minimum of 20 feet from the line or to 
the edge of the public right-of-way, whichever is less, and directs that the utility or entity 
ensure that every 5 years all areas along its lines are trimmed.