An Act To Amend Maine's Municipal Land Use and Eminent Domain Laws Regarding Transmission and Distribution Utilities
Maine Legislature, Session 129, LD 1383
Committee Amendment CA_A_H435 (House)
Amends: 30-A MRSA §4352, 35-A MRSA §3131, 35-A MRSA §3136

COMMITTEE AMENDMENT "A " to H.P. 1004, L.D. 1383, Bill, "An Act To 
Amend Maine's Municipal Land Use and Eminent Domain Laws Regarding Transmission 
and Distribution Utilities" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend Maine's Municipal Land Use and Eminent Domain Laws 
Regarding High-impact Electric Transmission Lines' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
1Sec. l. 30-A MRSA §4352, sub-§4, as amended by PL 2009, c. 615, Pt. G, §1, is 
further amended to read: 
4. Exemptions. Real estate used or to be used by a public utility, as defined in Title 
35-A, section 102, subsection 13, by a person who is iss-ooEl a eertifieate hy the :Pablie 
Utilities Commission lH!Ger Title 35 ,A,,, seetion 122 or by a renewable ocean energy 
project as defined in Title 12, section 1862, subsection 1, paragraph F-1 is wholly or 
partially exempt from an a zoning ordinance only when on petition, notice and public 
hearing the Public Utilities Commission determines that the exemption is reasonably 
necessary for public welfare and convenience and. if the real estate is used or to be used 
by a public utility for a high-impact electric transmission line. only if the municipal 
officers by affirmative vote approve the exemption determined by the commission. The 
Public Utilities Commission shall adopt by rule procedures to implement this subsection. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. For the purposes of this subsection, "high-impact electric 
transmission line" has the same meaning as in Title 35-A, section 3131, subsection 4-A 
and "municipal officers II has the same meaning as in section 2001, subsection 10. 
Sec. 2. 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 il'I Mt lA£1AtE1cl in A 
COMMITTEE AMENDMENT 
ff 
1\ 
V' 
COMMITTEE AMENDMENT «A "to H.P. 1004, L.D. 1383 
statatory eorridor, as defined in seetion 122, Sllbseetion 1, paragraph F 4, or a petitioned 
eorridor, as defined in seetion 122, subseetion 1, paragraph D 1, and that is: 
A. Construeted to transmit direst ourroot eleetriei-ty; 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. 3. 35-A MRSA §3136, sub-§4, as amended by PL 2007, c. 148, §14, is 
further amended to read: 
4. 
Commission approval required; certificate of public convenience and 
necessity; environmental factors. A location to be taken by eminent domain for such 
transmission or distribution lines must be approved by the commission before a 
transmission and distribution utility can exercise the right of eminent domain granted in 
subsection 1 or subsection 3. A location to be taken by eminent domain for a high-impact 
electric transmission line must also be approved by affirmative vote of the municipal 
officers in the location in which the eminent domain will be exercised before a 
transmission and distribution utility can exercise the right of eminent domain granted in 
subsection 1. 
The commission may not approve a location to be taken by eminent 
domain for the construction, rebuilding or relocation of a transmission line that requires a 
certificate of public convenience and necessity under section 3132, unless the 
commission has issued a certificate of public convenience and necessity for that 
transmission line. 
Environmental factors to be considered for proper location of a 
transmission line are not subject to review by the commission under this section when the 
location of the transmission line has received site location of development approval under 
Title 38, section 484. For the purposes of this subsection. "municipal officers" has the 
same meaning as in Title 30-A. section 2001, subsection 10. except that if the location is 
in the unorganized or deorganized territory. municipal officers means the county 
commissioners.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill. It amends the laws governing municipal zoning 
ordinance exemptions and the right of eminent domain in relation to use of land for a 
high-impact electric transmission line, which is redefined as a line greater than 50 miles 
in length and capable of operating at 200 kilovolts or more that is not a generator 
interconnection facility and is not constructed primarily for electric reliability within the 
State. The amendment provides that the exemption in current law from a municipal 
zoning ordinance when the Public Utilities Commission has determined it is reasonably 
necessary for public convenience and necessity for real estate to be used for a high-
impact electric transmission line is authorized only if the municipal officers by 
affirmative vote approve the commission's exemption. The amendment also requires a 
COMMITTEE AMENDMENT 
( ·.,..' 
COMMITTEE AMENDMENT "/J" to H.P. 1004, L.D. 1383 
transmission and distribution utility, after obtaining approval from the Public Utilities 
Commission to take a location by eminent domain for a high-impact electric transmission 
line, to obtain the approval of the municipal officers, or county commissioners in the case 
of unorganized or deorganized territory, before exercising the right of eminent domain. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/29/19 feac 
LD 1383 
LR 1195(02) 
An Act To Amend Maine's Municipal Land Use and Eminent Domain Laws Regarding Transmission 
and Distribution Utilities 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ·~{ j/ -YJs) 
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 municipal zoning 
ordinance exemptions and transmission and distribution utilities right of eminent domain when constructing elective 
transmission lines are anticipated to be minor and can be absorbed within existing budgeted resources. 
LRl 195(02) - Fiscal Note - Page 1 of 1