An Act Pertaining to Transmission Lines Not Needed for Reliability or Local Generation
Maine Legislature, Session 130, LD 0170
Committee Amendment CA_A_H931 (House)
Amends: 35-A MRSA §3131, 35-A MRSA §3132, 35-A MRSA §3136

COMMITI'EE AMENDMENT ,4" to H.P. 123, L.D. 170, "An Act Pertaining to 
Transmission Lines Not Needed for Reliability or Local Generation" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 35-A MRSA §3131, sub-§4-E is enacted to read: 
4-E. Nonessential transmission line. "Nonessential transmission line" means a 
transmission line that is: 
A. Not constructed primarily to provide electric reliability within the State or primarily 
to meet the renewable energy goals of the State, as determined by the commission; and 
B. Not constructed primarily to provide electricity to retail customers within the State. 
A generator interconnection transmission facility as defined in section 3132, subsection 
1-B is not a nonessential transmission line. 
Sec. 2. 35-A MRSA §3132, sub-§6-F is enacted to read: 
6-F. 
Nonessential 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 made by a transmission and distribution 
utility for a nonessential transmission line in accordance with this subsection. 
A. For purposes of this subsection, the following terms have the following meanings. 
(1) "Frontline communities" means the people and communities that experience 
the consequences of climate change first and to a greater degree than other people 
and communities. 
(2) "Impacted community" means a municipality or unorganized or deorganized 
territory in which a nonessential transmission line or related facilities, including 
but not limited to roads, infrastructure and necessary appurtenances, is proposed to 
be located. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ff.to H.P. 123, L.D. 170 
(3) "Municipal officers" has the same meaning as in Title 30-A, section 2001, 
subsection 10, except that, in the case of an unorganized or deorganized territory, 
"municipal officers" means the county commissioners. 
B. The commission may issue a certificate of public convenience and necessity for a 
nonessential transmission line only if the petitioner has demonstrated that the 
petitioner: 
(1) Entered into negotiations with stakeholders including, but not limited to, the 
Office of the Public Advocate under paragraph C to dete1mine an appropriate 
combination of benefits and protections for utility ratepayers or for residents of 
impacted communities: 
(2) Made reasonable attempts to contact municipal officers of each of the impacted 
communities and to hold public informational meetings in each impacted 
community in order to provide information about the petitioner's intent to construct 
the line, detailed plans for the siting and design of the line and methods to provide 
public comment to the Office of the Public Advocate in advance of entering into 
negotiations under paragraph C: and 
(3) If the petitioner does not have the ability to finance the nonessential 
transmission line through the use of revenue bonds. made a reasonable attempt to 
negotiate ownership of the line by an entity that is authorized by charter or other 
law to own transmission facilities and that has the ability to finance the line through 
the use of revenue bonds in order to reduce financing costs and to maximize long-
term economic benefits to ratepayers of the State. 
C. The Office of the Public Advocate, when negotiating with the petitioner under 
paragraph B. shall: 
(1) Solicit public comment from stakeholders for a period of at least 30 days: 
(2) Seek to negotiate substantial benefits for ratepayers, including, but not limited 
to, low-income ratepayers, frontline communities, businesses and industrial 
customers: and 
(3) Seek to ensure the construction and operation of the nonessential transmission 
line meet standards for environmental protection that exceed the minimum 
applicable requirements of Title 38. 
The commission shall adopt rules necessary to implement this subsection. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375. 
subchapter 2-A. 
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. The commission may not approve a taking by eminent domain 
for a nonessential transmission line without first consulting the municipal officers in the 
locations in which the right of eminent domain is proposed to be exercised for assistance 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT '*o H.P. 123, L.D. 170 
in its determination of public need. 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 establishes requirements for the approval of construction of 
nonessential transmission lines when the party seeking approval from the Public Utilities 
Commission is a transmission and distribution utility. The amendment defines a 
"nonessential transmission line" and requires the party petitioning for approval to 
demonstrate that it has entered into negotiations with stakeholders, made reasonable 
attempts to contact municipal officers in each of the impacted communities, provided 
infonnation about the proposed construction to impacted communities and, if the petitioner 
does not have the ability to finance the nonessential transmission line through the use of 
revenue bonds, made a reasonable attempt to negotiate ownership of the line by an entity 
that does have the ability to finance the line through the use of revenue bonds. The 
amendment also requires the commission to consult with municipal officers before 
approving a taking by eminent domain for a nonessential transmission line. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/31/22 ~ae 
LD 170 
LR836(02) 
An Act Pertaining to Transmission Lines Not Needed for Reliability or Local Generation 
Fiscal Note for Bill as Amended by Committee Amendment i/fr Ol--131) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Public Utilities Commission or the Office of the Public Advocate as a result of the 
provisions of this bill are anticipated to be minor and can be absorbed within existing budgeted resources.