An Act To Require a Lease of Public Lands To Be Based on Reasonable Market Value and To Require Approval of Such Leases for Commercial Purposes”
Maine Legislature, Session 129, LD 1893
Committee Amendment CA_A_S480 (Senate)

COMMITTEE AMENDMENT “      ” to S.P. 645, L.D. 1893, Bill, “An Act To 
Require a Lease of Public Lands To Be Based on Reasonable Market Value and To 
Require Approval of Such Leases for Commercial Purposes”
Amend the bill by striking out the title and substituting the following:
'Resolve, Regarding Legislative Review of the Lease to Central Maine Power 
Company of Constitutionally Protected Public Lands' 
Amend the bill by striking out everything after the title and inserting the following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Department of Agriculture, Conservation and Forestry, Bureau of 
Parks and Lands in December 2014 leased to Central Maine Power Company a 300-foot-
wide, approximately one-mile-long transmission corridor across public reserved lands in 
West Forks Plantation and in Johnson Mountain Township; and
Whereas, the clearing and placement of large transmission towers and lines on a 
300-foot-wide, approximately one-mile-long strip of land across constitutionally 
protected and unique public reserved lands is a substantially different use of these public 
lands; and
Whereas, the Constitution of Maine, Article IX, Section 23 and the implementing 
law, the Maine Revised Statutes, Title 12, section 598-A, require a vote of 2/3 of all the 
members elected to each House of the Legislature to approve any substantial alteration in 
the use of designated public reserved lands; and
Whereas, the Legislature did not have an opportunity to review or approve the lease 
to Central Maine Power Company of the above-mentioned designated public reserved 
lands, which will be substantially altered by the New England Clean Energy Connect 
project, a proposed 145-mile, 1,200-megawatt, high-voltage, direct-current transmission 
line passing through approximately 36 acres of designated public reserved lands; and
Date: 
(Filing No. S-          )
COMMITTEE AMENDMENT “      ” to S.P. 645, L.D. 1893
COMMITTEE AMENDMENT
Whereas, Central Maine Power Company on May 3, 2019 received a certificate of 
public convenience and necessity from the Public Utilities Commission for the 
construction of the New England Clean Energy Connect project, also known as the 
transmission corridor project, to run from the Canadian border at the Province of Quebec 
to a conversion station in Lewiston; and
Whereas, Title 35-A, section 3132 prohibits leases of state public lands to any 
person for the purpose of constructing a transmission line that requires a certificate of 
public convenience and necessity from the Public Utilities Commission prior to the 
issuance of that certificate; and
Whereas, the Legislature has received a great deal of direct testimony and evidence 
raising significant doubt about the legality and validity of the lease under the Constitution 
of Maine and current state law; and
Whereas, in order to protect and preserve the public's vital interests in its public 
reserved lands and ensure the Legislature's constitutional responsibilities with regard to 
those lands is not usurped or undermined by potentially invalid leases of those lands, it is 
immediately necessary to direct the termination of the transmission corridor project 
across public reserved lands in West Forks Plantation and in Johnson Mountain Township 
before the use of the lands is substantially and immutably altered; and
Whereas, Central Maine Power Company is awaiting permits for the transmission 
corridor project from the Department of Environmental Protection and the United States 
Army Corps of Engineers and expects the approvals to be granted this spring and plans to 
begin construction of the transmission corridor project once the permits are issued; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Lease agreement between the Bureau of Parks and Lands and 
Central Maine Power Company.  Resolved:  That the Department of Agriculture, 
Conservation and Forestry, Bureau of Parks and Lands, referred to in this resolve as "the 
bureau," shall immediately terminate its lease to Central Maine Power Company of a 
portion of public reserved lands in West Forks Plantation and in Johnson Mountain 
Township in Somerset County for a 300-foot-wide and approximately one-mile-long 
transmission line corridor.  The bureau may renegotiate a lease agreement with Central 
Maine Power Company for the same or a different portion of public reserved lands; and
Sec. 2.  Considerations if lease renegotiated.  Resolved:  That, if the bureau 
renegotiates a lease agreement under section 1 with Central Maine Power Company, 
referred to in this resolve as "the lessee," the bureau shall consider post-completion rental 
payments and annual funding payments.  Annual funding payments must be made to the 
bureau for funding recreation infrastructure on public lands for increased public access 
for recreational opportunities.
For purposes of this section, the following terms have the following meanings:
COMMITTEE AMENDMENT “      ” to S.P. 645, L.D. 1893
COMMITTEE AMENDMENT
1.  "Annual funding payments" means payments made by the lessee to the bureau 
each calendar year following the completion date and continuing until the expiration or 
termination of the lease, whichever is earlier, for funding recreation infrastructure for 
increased public access for recreational opportunities;
2.  "Completion date" means the date on which the lessee notifies the bureau in 
writing that transmission line facilities are installed, energized and determined by the 
lessee to be operational; and
3.  "Post-completion rental payments" means payments made by the lessee to the 
bureau each calendar year following the completion date and continuing until the 
expiration of the initial term or termination of the lease, whichever is earlier, based on the 
actual annual transmission corridor project net income filed with the Federal Energy 
Regulatory Commission; and
Sec. 3.  Substantial alteration of designated public reserved lands.  
Resolved:  That the Legislature finds that any lease of state park land, public lots or 
other real estate held by the State for conservation or recreation purposes and designated 
under the Maine Revised Statutes, Title 12, section 598-A to Central Maine Power 
Company for the purposes of the transmission corridor project for the transmission line 
described in Public Utilities Commission Docket No. 2017-00232 constitutes a 
substantial alteration of the use of such real estate under the Constitution of Maine, 
Article IX, Section 23 requiring the approval of the lease by a vote of 2/3 of all the 
members elected to each House of the Legislature.  This provision is intended and may be 
interpreted only to clarify that this specific use of such constitutionally protected real 
estate constitutes a substantial alteration of that real estate for purposes of the 
Constitution of Maine, Article IX, Section 23. Nothing in this resolve may be interpreted 
as affecting the application or interpretation of the Constitution of Maine, Article IX, 
Section 23 with respect to any other use of real estate.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY
This amendment strikes the bill and replaces it with a resolve.  The amendment 
directs the Department of Agriculture, Conservation and Forestry, Bureau of Parks and 
Lands to immediately terminate its lease to Central Maine Power Company of a portion 
of public reserved lands in Somerset County for a 300-foot-wide, approximately one-
mile-long transmission corridor.  The amendment also authorizes the bureau to 
renegotiate a lease agreement with Central Maine Power Company for the same or a 
different portion of public reserved lands.
FISCAL NOTE REQUIRED
(See attached)
Approved: 08/06/20
LD 1893
LR 2903(02)
Fiscal Detail and Notes
Any additional costs to the Legislature for "the vote of 2/3 of all the members elected to each House" are assumed to 
be absorbed within exiting budgeted resources.
This bill directs the Department of Agriculture, Conservation and Forestry (ACF) to terminate the existing lease 
agreement with Central Maine Power Company related to a certain portion of public reserved lands and to renegotiate 
a new lease more favorable to the State. At the time this bill was introduced in December of 2019, the ACF was 
receiving less than $4,000 annually from this lease. In June of 2020 the lease agreement between the ACF and Central 
Maine Power Company was renegotiated independently of this bill. Under the terms of the new lease agreement, ACF 
will receive $65,000 annually. Passage of this resolve will require the new lease be terminated and subsequently 
renegotiated. No estimate is made at this time on the amount of any costs incurred or revenue gained by a new round 
of negotiation of the lease in question.   
Fiscal Note
Minor revenue increase - Other Special Revenue Funds 
Minor cost increase - General Fund 
An Act To Require a Lease of Public Lands To Be Based on Reasonable Market Value and To 
Require Approval of Such Leases for Commercial Purposes
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Agriculture, Conservation and Forestry
Fiscal Note Required: Yes
LR2903(02) - Fiscal Note - Page 1 of 1