An Act Regarding Energy Transmission Corridors
Maine Legislature, Session 129, LD 1363
Committee Amendment CA_A_H437 (House)
Amends: 35-A MRSA §3131, 35-A MRSA §3132

COMMITTEE AMENDMENT "A " to H.P. 985, L.D. 1363, Bill, "An Act 
Regarding Energy Transmission Corridors" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend Certain Laws Relating to High-impact Electric Transmission 
Lines' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 35-A MRSA §3131, sub-§4-A, as enacted by PL 2009, c. 655, Pt. A, §3, 
is amended to read: 
4-A. High-impact electric transmission line. "High-impact electric transmission 
line" means a transmission line greater than 50 miles in length that is not loeated in a 
staru.tory eorridor, as defined in seetion 122, subseetion 1, paragraph F 4, or a petitioned 
eorridor. as defined in seetion 122, subseetion 1, paragraph D 1, and that is: 
} ... Construeted to transmit direet eurrent eleetrieity; or 
B. Capable of operating at M$- 200 kilovolts or more and: 
(1) Is not a generator interconnection transmission facility as defined in section 
3132, subsection 1-B; and 
(2) Is not constructed primarily to provide electric reliability within the State, as 
determined by the commission. 
Sec. 2. 35-A MRSA §3132, sub-§6-A, as enacted by PL 2009, c. 655, Pt. A, §5, 
is amended to read: 
6-A. High-impact electric transmission line; certificate of public convenience 
and necessity. The commission shall evaluate and render a decision on any petition for a 
certificate of public convenience and necessity for a high-impact electric transmission 
line in accordance with seetion 122, subseetion 1 D this subsection. The commission 
may issue a certificate only if: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 985, L.D. 1363 
A. At least 2/3 of the local governments through which the high-impact electric 
transmission line will pass have: 
(1) Approved the project by affirmative vote of the local government officers; or 
(2) Held a local referendum, conducted in accordance with applicable laws 
relating to elections, and certified to the commission that a majority of the voters 
voting at the election voted in favor of a question that conforms to the following 
form: "Do you favor the construction of the (insert name or description of the 
high-impact electric transmission line) in this municipality?" The commission 
shall by rule establish any necessary procedures to implement this requirement in 
a manner that ensures an orderly process. 
If a referendum under this 
subparagraph is held, any affirmative vote of the local government officers under 
subparagraph (1) is superseded by the results of this referendum and the 
requirement of this paragraph is not met unless a majority of voters voting at the 
election vote in favor of the question under this subparagraph. 
For purposes of this paragraph, "local government" means a municipality, except that 
in the event a high-impact electric transmission line passes through unorganized or 
deorganized territory, "local government" means the county through which the line 
passes. For purposes of this paragraph, "local government officers" means municipal 
officers, except that in the event a high-impact electric transmission line passes 
through unorganized or deorganized territory, "local government officers" means the 
county commissioners of the county through which that line passes. 
A local 
referendum held under subparagraph (2) on a high-impact electric transmission line 
passing through unorganized or deorganized territory must be held by the county 
commissioners only in the townships through which the high-impact electric 
transmission line passes and in all of those townships in a single referendum; 
B. 
The petitioner has filed with the commission, with the Department of 
Administrative and Financial Services, Maine Revenue Services and with each 
municipality through which the high-impact electric transmission line will pass the 
anticipated assessed property value for property tax purposes, including a minimum 
anticipated assessed property value, of the high-impact electric transmission line for 
each municipality through which the high-impact electric transmission line will pass: 
and 
C. The petitioner has agreed in writing, as a condition of the certificate, to the 
following: 
(1) To pay each year for the life of the high-impact electric transmission line, as 
determined by the commission, to each municipality through which the 
high-impact electric transmission line will pass, in addition to any property tax 
assessments due, an amount equal to the amount of any additional taxes that 
would have been due if the actual assessed valuation of the high-impact electric 
transmission line was equal to the minimum anticipated assessed property value 
filed pursuant to paragraph B. If in any year the actual assessed valuation of the 
high-impact electric transmission line is equal to or greater than the minimum 
anticipated assessed property value filed pursuant to paragraph B, the amount 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'(} "toH.P. 985,L.D.1363 
required to be paid to the municipality under this subparagraph is the property tax 
assessment only: and 
(2) To provide a community benefits package to the State with a total value of no 
less than $20,000 per year per megawatt of transmission capacity of the proposed 
high-impact electric transmission line averaged over a 20-year period. 
The 
commission by rule shall determine the method of payment and an equitable 
allocation of the community benefits package to each municipality through which 
the high-impact electric transmission line will pass. 
The commission shall adopt rules necessary to implement this subsection. Rules adopted 
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 3. Moratorium; rulemaking. No permit, certificate or other approval may 
be issued by the Public Utilities Commission or the Department of Environmental 
Protection for a high-impact electric transmission line, as defined in the Maine Revised 
Statutes, Title 35-A, section 3131, subsection 4-A, after the effective date of this Act until 
days after the adjournment of the Second Regular Session of the 129th Legislature. 
The Public Utilities Commission shall submit its provisionally adopted rule under Title 
35-A, section 3132, subsection 6-A to the Legislature for review no later than December 
31, 2019.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment changes the bill as follows: 
1. It modifies the definition of "high-impact electric transmission line" to include a 
transmission line that is: 
A. Greater than 50 miles in length; 
B. Capable of operating at 200 kilovolts or more; 
C. Not a generator interconnection transmission facility; and 
D. Not constructed primarily to provide electric reliability within the State; 
2. It replaces the requirement that a high-impact electric transmission line provide 
significant tangible benefits with requirements that: 
A. The petitioner for a certificate of public convenience and necessity for the line 
pay an amount of tax benefits projected by the petitioner; and 
B. The petitioner for a certificate of public convenience and necessity for the line 
provide a community benefits package with a total value of no less than $20,000 per 
year per megawatt of capacity of the line; 
3. 
It requires that at least 2/3 of the local governments through which the 
COMMITTEE AMENDMENT 
,rj': '.:, 
COMMITTEE AMENDMENT ·.fJ "to H.P. 985, L.D. 1363 
high-impact electric transmission line will pass approve the line and clarifies that if a 
referendum vote is held, that vote supersedes any vote by local government officers; and 
4. It makes other clarifying changes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/29/19 wac:.. 
LD 1363 
LR968(02) 
An Act Regarding Energy Transmission Corridors 
Fiscal Note for Bill as Amended by Committee Amendment ,,ft{ f/-<fJi) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Public Utilities Commission as a result of changes to the rules regarding approval ofhigh-
impact electric transmission lines are anticipated to be minor and can be absorbed within existing budgeted 
resources. 
LR0968(02) - Fiscal Note - Page 1 of 1