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_B_H436 (House)
Amends: 35-A MRSA §3131, 35-A MRSA §3132, 35-A MRSA §3136

COMMITTEE AMENDMENT "B" 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 Require Certain Approvals for New High-impact Electric Transmission 
Lines' 
Amend the bill by striking out everything after the enacting 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 located in a 
statatory eol'ridor, as defined m seetion 122, subseetion 1, paragraph F 4, or a petitioned 
eorridor, as defined m seetion 122, subseetion 1, paragraph D 1, for which a petition for a 
certificate of public convenience and necessity under section 3132 is filed after June 1, 
2019 and that is: 
A. Gonstraeted to transmit direet eu:rrent eleetrieity; or 
B. Capable of operating at 34$- 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 eommission shall e>,raklate and render Before rendering a decision on 
COMMITTEE AMENDMENT 
{I '-· 
COMMITTEE AMENDMENT"~' to H.P. 1004, L.D. 1383 
any petition for a certificate of public convenience and necessity for a high-impact 
electric transmission line in accordance 1vvith. section 122, subsection 1 D, the commission 
shall hold at least one hearing in each county through which the high-impact electric 
transmission line will pass. 
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. The amendment: 
1. Modifies the definition of "high-impact electric transmission line" to include only 
a transmission line that is: 
A. Greater than 50 miles in length and for which a petition for a ce1tificate of public 
convenience and necessity under the Maine Revised Statutes, Title 35-A, section 
3132 is filed after June 1, 2019; 
B. Not a generator interconnection transmission facility; 
C. Capable of operating at 200 kilovolts or more; and 
D. Not constructed to provide electric reliability within the State; 
2. Provides that, before issuing a certificate of public convenience and necessity for a 
high-impact electric transmission line, the Public Utilities Commission must hold 
hearings in each county through which the line will pass; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .g "to H.P. 1004, L.D. 1383 
3. Requires a 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 wac 
LD 1383 
LR 1195(03) 
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 18{ /~ -9 J<e,) 
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 definition of high-impact electric 
transmission lines, the process of issuing certificates of public convenience and necessity and electric 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(03) - Fiscal Note - Page 1 of 1