An Act Regardmg the Future of Renewable Energy Transmission in Northern Maine
Maine Legislature, Session 131, LD 1963
Committee Amendment CA_A_S652 (Senate)
Amends: 12 MRSA §685-B, 35-A MRSA §3201, 35-A MRSA §3210, 38 MRSA §346, 38 MRSA §485-A, 38 MRSA §486-A

COMMITTEE AMENDMENT " /\ " to S.P. 799, L,D. 1963, "An Act Regardmg the
Future of Renewable Energy Transmission in Northern Maine"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 12 MRSA §685-B, sub-§2-D is enacted to read:
2-D. Transmission line or lines under Northern Maine Renewable Energy
Development Proeram. A transmission line or lines developed under the Northern Maine
Renewable JMergv Development Proeram pursuant to Title 3 5-A. section 3210-1,
subsection 2 and proposed within unorganized_ordeoj"ganized areas of the State is reviewed
and permits are issued by the Department of Environmental Protection under Title 38.
section 489-A-l.
Sec. 2. 35-A MRSA §3201, sub-§8-C is enacted to read:
8-C. Employer and employee harmony aereement. "Emplover and employee
harmony agreement" means an agreement between an employer and one or more labor
organizations representing or seeking to represent the employer's employees that includes:
A, A guarantee against strikes, lookouts and similar disruptions;
B. Mechanisms for labor-manaeement cooperation on matters of mutual interest and
concern, including productivity, quality of work and safety and health: and
C. Muhiallv binding procedures for resolvine labor disputes.
Sec. 3. 35-A MRSA §3210-1, sub-§l, HB, as enacted by PL 2021, c. 380, §1 and
reallocated by RR 2021, c. 1, Pt. A,§38, is amended to read:
B, Develop Plan for and develop the transmission infrastructure necessaiy for the State
to expeditiously meet its renewable energy and climate goals using, to the extent
practicable, renewable energy resources located in the State;
Sec. 4. 35-A MRSA §3210-1, sub-§l, UD, as enacted by PL 2021, c. 380, §1 and
reallocated by RR 2021, c. 1, Ft. A, §38, is amended to read:
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT "/1 " to S.P. 799, L.D. 1963 (.^
D. Promote energy equity. hieh-quality jobs and the development of a skilled
workforce, with particular consideration given to the economic circumstances and
opportunities in the State's socially vulnerable counties and communities. For the
purposes of this paragraph, "socially vulnerable counties and communities" means
those counties and communities in the State containing populations that are
disproportionately burdened by existing social inequities or lack the capacity to
withstand new or worsening burdens; sftd
Sec. 5. 35-A MRSA §3210-1, sub-§l, ^E, as enacted by PL 2021,c.380, §1 and
reallocated by RR 2021, c. 1, Pt. A, §38, is amended to read:
E. Recognize that, in advancing the renewable energy and climate policies and goals
of the State, the near-term development of the transmission and other infrastructure
necessary to reduce greenhouse gas emissions is in the public interestT; and
Sec. 6. 35-A MRSA §3210-1, sub-§l, ^F is enacted to read:
F. In collaboration with the Governor's Energy Office, established in Title 2, section
9, seek to partner with other states, governmental entities or utilities within New
England in the development ofreciuests for prooosals and the evaluation of proposals
received in response to a request for proDosals for a transmission line or lines under
subsection 2 and renewable energy peneration projects under subsection 3,
Sec. 7. 35-A MRSA §3210-1, sub-§2, as enacted by PL 2021, c. 380, §1 and
reallocated by RR 2021, c. 1, Pt. A, §38, is amended to read:
2. Request for proposals; generation conneetien transmission line or lines. The
commission shall issue a request for proposals for the development and construction of a
315 kilovolt double circuit generation connection line, or, in the commission's discretion,
a transmission line or lines of greater capacity, to connect transmission line or lines
necessary to connect at least 1,200 meeawatts of renewable energy resources located in
northern Maine and developed pursuant to subsection 3 with the electric grid operated by
the New England independent system operator, referred to in this section as "the ISO-New
England system." The commission may issue preliminary requests for information from
utilities and private developers or release draft requests for proposals or draft transmission
0 services agreements to gather information to inform the program.
A. The proposals must be required to cover a contract term of 3 0 years, except that the
commission may, in its discretion, approve a contract term of a different duration, and
must include provisions for the construction, development and subsequent commercial
operation of the transmission line or lines described in this subsection.
A-l, The commission may coordinate with other states, governmental entities or
6 utilities within New England in the development of a request for proposals pursuant to
this subsection and in the evaluation of proposals received in response to a request for
8 proposals. The commission shall allow the Governor's Energy Office and the Office of
9 the Public Advocate toj-eyiewthe proposals submitted pursuant to this subsection. The
Governor's Energy Office and the_0fficeofthe Public Advocate may provide input to
the commission upon review of the proposals, which may include an assessment as to
whether any Droposals_submitted are consistent with the eoals of the program as
described in this section. If a proposal includes confidential or proprietary information,
fcrade secrets or similar_matters_as provided by the Maine Rules of Civil Procedure,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^ " to S,P.799, L.D.1963 ^ 5''
i0<°
Rule 26fc\ the commission may issue aDDi'oQriate.m'otective orders in accordance with
section 1311 -A with respect to those portions of the proposal.
B. The commission shall evaluate the proposals received based, at a minimum, on the
following factors: cost, economic benefit to northern Maine, the qualifications of the
bidder or bidders, the long-term viability of each proposal and the anticipated
contribution of each proposal toward the achievement by the State of its renewable
energy goals under section 3210. The commission shall disqualify any proposal that,
in the commission's determination, fails to demonstrate the bidder's technical and
financial capacity to successfully construct, develop and operate the transmission line
or lines described in this subsection and to pursue, negotiate and contract for its
interconnection with the ISO-New England system.
B-1. The commission may consider proposals that include mechanisms to mitigate and
allocate risks associated with development and operation of any transmission line or
lines and renewable energy eeneration project under subsection 3 to be developed
under the program.
C, The commission shall give preference to proposals that:
(1) In the commission's determination, in the aggregate with proposals received
under subsection 3, demonstrate the most cost-effective and efficient transmission
access to renewable energy resources in northern Maine in a manner that best
supports the achievement of the State's renewable energy goals under section 3210
and that maximize benefits to the State;
(2) Favef Provide community engagement plans and favor use. wlw^e to the extent
practicable, of existing utility and other rights-of-way and other existing
transmission corridors in the construction of the transmission line or lines
described in this subsection; aad
(3) In the commission's detemiination, are likely to provide a reduction in
transmission costs and costs to ratepayers for electricity over time as more energy
is transmitted using the transmission line or lines described in this subsectiorki
f4) Adequately demonstrate project viability within a commercially reasonable
time frame; and
(5) Maximize federal tax credits by including agreements described in 29 United
States Code. Section 158ff) and by committing to entering into an employer and
employee harmony agreement with a labor organization seeking to represent the
transmission line or lines operations and maintenance workers. An employer and
employee harmony agreement must bind all contractors and subcontractors. other
than employees who work on a temporary basis for the employer, to the terms of
the agreement. The agreement must be designed to ensure that all work on the
transmission line or lines. including but not limited to work performed in the
manufacturing, fabrication or maintenance of the transmission line or lines or
operations associated with the transmission line or lines, is uninterrupted, prompt
and safe.
D. The commission may consider and, in accordance with the applicable provisions of
this subsection and subsection 3, select a proposal or proposals that include both the
development and construction of the ti-ansmission line or lines described in this
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^" to S.P. 799, L.D. 1963 ( 5'
subsection and the development and construction of one or more qualified renewable
energy generation projects described in subsection 3.
D-l. The bidder that submits a prooosal selected by the commission in accordance
with this subsection must, upon the issuance by the commission of a certificate of
public convenience and necessity in accordance with section 3132, be considered a
transmission and distribution utility. except that the commission may limit the rights
. of the utility to the extent necessary to protect ratepayers from financial risks and such
limitations must be specified in a contract executed pursuant to paragraph E.
E. No later than November 1, 2022, the The commission shall approve a contract or
contracts between one or more transmission and distribution utilities and the bidder of
any proposal selected by the commission in accordance with this subsection, except
that, if at the close of the competitive bidding process the commission determines that
no proposal meets the requirements of this subsection or that approval of a contract or
contracts that otherwise meet the requirements of this subsection is not in the public
interest, the commission may reject all proposals and may open a new competitive
bidding process under this subsection.
Sec. 8. 35-A MRSA §3210-1, sub-§3, as enacted by PL 2021, c. 380, §1 and
reallocated by RR 2021, c. 1, Pt. A, §3 8, is amended to read:
3. Request for proposals; renewable energy generation projects. The commission
shall issue a request for proposals for the development and construction of qualified
renewable energy generation projects in northern Maine designed to connect to and
transmit generated power using the transmission line or lines to be constructed pursuant to
subsection 2. The commission shall make eveiy effort to ensure that the competitive
bidding process directed by this subsection results in the approval of contracts pursuant to
paragraph E no later than November 1, 2022. As part of the request for proposals under
this subsection, the commission shall make available to potential bidders any relevant
information submitted to the commission by the bidder or bidders whose proposal or
proposals were approved for contracting under subsection 2. Except as provided in
paragraph B, subparagraph (2), renewable energy generation projects on which
construction commenced prior to September 30, 2022 July 31, 2024 are not qualified for
the purposes of this subsection.
A. The proposals must be required to cover a contract term of 20 years, except that the
commission may, in its discretion, approve a contract term of a different duration, and
must include provisions for the construction, development and subsequent commercial
operation of one or more qualified renewable energy generation projects in northern
Maine that will be designed to connect to and transmit generated power using the
transmission line or lines to be constmcted pursuant to subsection 2. The commission
8 may consider only proposals for the construction of Class I and Class 1A resources, as
defined in section 3210, subsection 2, and energy storage systems, except that the
commission may not consider proposals for the construction of biomass generators
fueled by landfill gas or by anaerobic digestion of agricultural products, by-products
or waste, or waste-to-energy generation facilities fueled by municipal solid waste. For
the purposes of this section, "energy storage system" means a commercially available
technology that uses mechanical, chemical or thermal processes for absorbing energy
and storing it for a period of time for use at a later time.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^"toS.P,799,L.D,1963
;0%
A-l. The commission may coordinate with other states, governmental entities or
utilities within New England in the development of a request for proposals pursuant to
this subsection and in the evaluation of proposals received in response to a request for
proposals. The commission shall allow the Governor's Energy Office and the Office of
the Public Advocate to review the proposals submitted pursuant to this subsection. The
Governor's Energy Office and the Office of the PublicAdvocatej-nav provide input to
the commission upon review of the prouosals. which may include an assessment as to
whether any proposals submitted are consistent with the goals of thenrogram as
described in this section. IfaoropQsal includesconfidential or proprietary information.
trade secrets or similar matters as provided by the Maine Rules of Civil Procedure,
Rule 26(c\ the commission may issue appropriate protective orders in accordance with
section 1311-A with respect to those portions of the proposal.
B. The commission may, in its discretion, consider and select in accordance with the
applicable requirements of this subsection:
(1) One or more contracts for capacity, renewable energy or renewable energy
credits, or any combination thereof, from a qualified renewable energy generation
project described in this subsection; or
. (2) One or more contracts for renewable energy generation projects on which
construction .commenced prior to September 30, 2022 July 31. 2024, if the
commission determines that:
(a) Such a project or projects otherwise meets the requirements of this
subsection;
(b) Additional line capacity remains available on the transmission line or lines
to be constructed pursuant to subsection 2; and
(c) There are no commercially viable proposals remaining for consideration
for qualified renewable energy generation projects on which construction
commenced or will commence on or after September 30, 2022 July 31. 2024.
C. The commission shall evaluate the proposals received based, at a minimum, on the
following factors: cost, economic benefit to northern Maine, the qualifications of the
bidder or bidders and, as determined by the commission, the short-term, medium-term
and long-term viability of the proposals.
C-l. The commission may consider proposals that include mechanisms to mitigate and
allocate risks associated with development and operations of any transmission line or
lines under subsection 2 and renewable energy generation project to be developed
under the program,
D. The commission shall give greatest preference to proposals that, in tho
7 commission's determination, in the aggregate with proposals received under subsection
2, demonstrate the most cost effective and efficient development of renewable energy
rosources in northern Maine in a manner that best supports the achievement of the
State's renewable energy goals under section 3210 and maximize benefits to the State.i
d) In the commission's determination, in the aggregate with proposals received
under subsection 2, demonstrate_the_most cost-effective and efficient development
of renewable energy resources in northern Maine in a manner that best supports
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S,P. 799, L.D. 1963 (^-^^
../••rr^
"^y 1 the achievement of the State's renewable energy goals under section 3210 and
maximize benefits to the State; and
(2~) Maximize federal tax credits by including agreements described in 29 United
States Code, Section 158ff) and by committing to entering into an emploverjmd
employee harmony agreement with a labor organization seeking to represent the
project's operations and maintenance workers. An employer and employee
harmony agreement must bind all contractors and subcontractors, other than
employees who work on a temporary basis for the employer, to the terms of the
agreement. The agreement must be designed to ensure that.all work on the
renewable energy seneration m-oiect. including but not limited to work nerformed
in the manufacturing. fabrication or maintenance of the_proiect or operations
associated with the project, is uninterrupted, prompt and safe.
E. The commission shall approve a contract or contracts between one or more investor-
owned transmission and distribution utilities and the bidder of any proposal selected
by the commission in accordance with this subsection. If at the close of the competitive
bidding process the commission determines that no proposal meets the requirements of
this subsection, that additional line capacity remains available or that approval of a
contract or contracts that otherwise meet the requirements of this subsection is not in
the public interest, the commission may reject all proposals and may open a new
competitive bidding process under this subsection.
P. In selecting contracts pursuant to this subsection, the commission shall make every
effort to ensure that at least one such contract supports the construction and
development in northern Maine of a biomass generator fueled by wood or wood waste.
. In considering any proposal under this subsection for a qualified renewable energy
generation project that is a biomass generator fueled by wood or wood waste, the
commission shall consider the waste reduction benefits to the State's forest products
industiy associated with the operation of the biomass generator, including, but not
limited to, the avoidance of methane emissions,
G, In selecting contracts pursuant to this subsection, the commission shall consider the
0 effect of a contract or contracts selected on the viability of the transmission line or lines
to be developed and constructed pursuant to subsection 2 and the effect on the success
of the program.
Notwithstanding any provision of law to the contrary, the commission may in its discretion
approve and order a contract or contracts under this subsection for the purchase, beginning
on or after January 1, 2024, of capacity, renewable energy or renewable energy credits, or
any combination thereof, in an amount that is at least 18% of the retail electric load in the
7 State for the period from January 1,2019 to December 31,2019. To the extent practicable,
the commission shall approve and order such contract or contracts on a staggered basis
consistent with its expectations for the development during the years of 2024 to 2045 of
beneficial electrification as defined in section 10102, subsection 3 -A and climate mitigation
activities in the State and shall ensure the purchase of capacity, renewable energy or
renewable energy credits necessary to achieve beneficial electrification from facilities and
technology that are located in the State.
Sec. 9. 35-A MRSA §3210-1, sub-§3-B is enacted to read;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S.P. 799, L.D. 1963 ^^^\'
^y 1 3-B. Term sheet award; effect. Notwithstanding any provision of law that requires
a developer of a proposed transmission line or lines under subsection 2 or a renewable
energy generation project under subsection 3 to demonstrate title, right or interest before a
permitting agency w[[_acceyt__and begin processing an application for any permit or
approval required for such a project, a term sheet the commission to a bidder
for such a project must be considered sufficient_title, right^ or interest for the permitting
agency to accept and beein processing the anolication. Nothing in this subsection may be
construed to except a transmission line or lines or a renewable energygenerationproject
awarded a term sheet by the commission from any requirement for title, right or interest
necessary for the issuance of such a permit or approval or to deem such requirements for
title, right or interest satisfied by the award of a term sheet.
In an order awarding a term sheet to a bidder selected under subsection 2, the commission
shall provide an explanation of the commission's considerations and findings regarding the
costs and benefits associated with the_deyelQBment and c^^
line or lines.
Sec. 10. 35-A MRSA §3210-1, sub-§5 is enacted to read:
5. Public involvement and coordination. The commission and the Department of
Environmental Protection shall ensure coordinated public notification and opportunities for
public participation, including exulanation of all public Darticipation urocedures, in
connectip_n with reeulatorv auprovals and Dennittine under this Title and Title 38 for a
transmission line or lines and renewable energy generation projects under the program,
Sec. 11. 38 MRSA §346, sub-§4, as repealed and replaced by PL 2011, c. 420, Pt.
A, §34, is amended to read:
4. Appeal of decision. A judicial appeal of final action by the board or commissioner
regarding an application for an expedited wind energy development, as defined in Title
35-A, section 3451, subsection 4, an application for a transmission line or lines developed
pursuant to Title 35-A, section 3210-1. subsection 2 or a general permit pursuant to section
480-HH or section 636-A must be taken to the Supreme Judicial Court sitting as the Law
Court. The Law Court has exclusive jurisdiction over request for judicial review of final
action by the commissioner or the board regarding expedited wind energy developments^
an application for a transmission line or lines developed pursuant to Title 35-A, section
3210-1. subsection 2 or a general permit pursuant to section 480-HH or section 636-A.
These appeals to the Law Court must be taken in the manner provided in Title 5, chapter
375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C,
Sec. 12. 38 MRSA §485-A, sub-§l-D is enacted to read:
1-D. Hearine reauired; transmission line. If an applicatiQn for th^
7 construction of a transmission line or lines requiring approval under this article is received
by the department, the department orthe_board. as aDplicable. shall hold a hearing in
accordance with section 486-A and may not issue an order without a hearing.
Sec. 13. 38 MRSA §486-A, sub-§2-A is enacted to read:
2-A. Developer; route analysis; public participation^^
an applicant who has submitted an application pursuant to section 485-A related to the
development and construction of a transmission line or lines requiring approval under this
article to demonstrate to the department that the applicant conducted one or more public
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^" to S.P.799, L.D.1963 ( ^(
meetings regarding the transmission line or lines prior to the submission of its application.
The public meetings must include the presentation of information regarding the proposed
transmission line or lines. including but not limited to proposed route information, and
provide an opportunity for public participation and comment. Information presented and
public comments received at the public meetings must be made publicly available and be
part of the record of any department or board proceeding.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is a majority report of the committee, replaces the bill, which
is a concept draft, and does the following.
1. It provides that a transmission line or lines developed under the Northern Maine
Renewable Energy Development Program pursuant to the Maine Revised Statutes, Title
35-A, section 3210-1, subsection 2 and proposed within the unorganized or deorganized
areas of the State is reviewed and permits are issued by the Department of Environmental
Protection.
2. It defines an "employer and employee harmony agreement" and provides that the
Public Utilities Commission must give preference to proposals for the development and
operation of a transmission line or lines or renewable generation projects under Title 3 5-A,
section 3210-1, that maximize federal tax credits by including agreements described in 29
United States Code, Section 158(f) and commit to entering into an employer and employee
harmony agreement with a labor organization seeking to represent workers on those
projects.
3. In administering the Northern Maine Renewable Energy Development Program
established by Title 35-A, section 3210-1, the amendment directs the commission, in
collaboration with the Governor's Energy Office, to seek to partner with other states,
governmental entities or utilities within New England,
4. It provides that the Public Utilities Commission's request for proposals under Title
35-A, section 3210-1, subsection 2 must be for the development and construction of a
transmission line or lines necessary to connect at least 1,200 megawatts of renewable
energy resources located in northern Maine, instead of for the development and
construction of a 345-kilovolt double circuit generation connection line, or, in the
commission's discretion, a transmission line or lines of greater capacity.
5. It allows the Public Utilities Commission to consider, under Title 35-A, section
3210-1, proposals for the development and construction of a transmission line or lines and
renewable energy generation projects that include mechanisms to mitigate and allocate
risks associated with development and operation of those projects,
6. It provides that the bidder that submits a proposal selected by the Public Utilities
Commission for the development and construction of a transmission line or lines, upon the
issuance by the commission of a certificate of public convenience and necessity, is
considered a transmission and distribution utility, except that the commission may limit the
rights of the utility to the extent necessary to protect ratepayers from financial risks.
7. It updates dates and terminology within Title 35-A, section 3210-1.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ to S.P. 799, L.D.1963 ( 5- LeS',
8. It provides that a term sheet awarded by the Public Utilities Commission to a bidder
for the development and construction of a transmission line or lines and renewable energy
generation projects under the program established by Title 35-A, section 3210-1, must be
considered sufficient title, right or interest for a permitting agency to accept and begin
processing the application for the project. It also requires the commission, in an order
awarding a term sheet to a bidder selected for the development of a transmission line or
lines, to provide an explanation of the commission's considerations and findings regarding
the costs and benefits associated with the development and construction of the transmission
line or lines.
9. It requires the Public Utilities Commission and the Department of Environmental
Protection to ensure coordinated public notification and opportunities for public
participation, including explanation of all public participation procedures, in connection
with regulatoiy approvals and permitting under Title 35-A and Title 38 for a transmission
line or lines and renewable energy generation projects under the Northern Maine
Renewable Energy Development Program.
10, It provides that a judicial appeal of final action by the Board of Environmental
Protection or the Commissioner of Environmental Protection regarding an application for
a transmission line or lines developed pursuant to Title 35-A, section 3210-1, subsection 2,
must be taken to the Supreme Judicial Court sitting as the Law Court,
11. It requires the Board of Environmental Protection or the Department of
Environmental Protection, as applicable, to hold a hearing in accordance with Title 38,
section 486-A, and prohibits the issuance of an order without a hearing in connection with
an application for the development and construction of a transmission line or lines,
12, It requires the Department of Environmental Protection to require an applicant for
a permit under the site location of development laws for the development and construction
of a transmission line or lines to demonstrate to the department that the applicant conducted
one or more public meetings regarding the transmission line or lines prior to the submission
of its application.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/28/24 f^VZC'-
LD 1963 LR 481(02)
An Act Regarding the Future of Renewable Energy Transmission in Northern Maine
Fiscal Note for Bill as Amended by Committee Amendment "^' ^S-^>S?
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, the Governor's Energy Office or the Department of
Environmental Protection from the provisions of this bill are expected to be minor and can be absorbed within exif-
budgeted resources. • •
LR0481(02) - Fiscal Note - Page 1 of 1