An Act to Protect Property Owners by Preventing the Use of Eminent Domam to Build Transmission Lines Under the Northern Maine Renewable Energy Development Program
Maine Legislature, Session 131, LD 2087
Committee Amendment CA_A_S638 (Senate)
Amends: 35-A MRSA §3132, 35-A MRSA §3136, 38 MRSA §485-A, 38 MRSA §486-A

COMMITTEE AMENDMENT "ft " to S.P. 880, L.D. 2087, "An Act to Protect
Property Owners by Preventing the Use of Eminent Domam to Build Transmission Lines
Under the Northern Maine Renewable Energy Development Program"
Amend the bill by striking out the title and substituting the following:
'An Act to Protect Property Owners by IVIaking Certain Changes to the Laws
Governing the Use of Eminent Domain by Transmission and Distribution Utilities'
Amend the bill by inserting after the title and before the enacting clause the following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day
period in order to provide appropriate protections to landowners in the State and to direct
the Public Utilities Commission to establish notice requirements and develop educational
materials related to proposed high-impact electric transmission lines; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 12 M:RSA §598-C, as enacted by PL 2021,c.654,§1, is amended to read:
§598-C. Process for determination of reduction or substantially altered use of
designated land
The Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands
shall adopt rules to establish an objective evaluation process for determining if a proposed
activity on land designated under this chapter and under the jurisdiction of the bureau would
cause the land to be reduced or the uses of the land to be substantially altered. In the case
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^. " to S.P. 880, L.D. 2087
of a hieh-impact electric transmission Jme crossine or utilizing such land or a oortion of
lit
such land that is a rail trail or recreational comdor_Qr land of similar configuration, as
determined by tlw_. bureau, the_rule^m criteria for determining that the
high-impact electric transmission line would not cause the land to be reduced or the uses
of the land to be substantially altered. In adopting the rules, the bureau shall observe the
requirements relating to designated lands in the Constitution of Maine, Article IX, Section
23 and ensure proper exercise of the bureau's public trust responsibility. These rules must
also include provisions for public notice and comment before authorizing any such activity
and for determining the appropriate instrument to be used to authorize that activity,
including but not limited to whether an easement, lease, license or other instrument should
be used. Rules adopted pursuant to this section are major substantive rules as defined in
Title 5, chapter 375, subchapter 2-A.
Sec. 2. 35-A MRSA §3132, sub-§6-C, as enacted by IB 2021,c. 1, §4, is amended
to read:
6-C. High-impact electric transmission line; legislative approval. In addition to
obtaining a certificate of public convenience and necessity, a high-impact electric
transmission line may not be constructed anywhere in the State without first obtaining the
approval of the Legislature, except that any high-impact electric transmission line crossing
or utilizing public lands designated by the Legislature pursuant to Title 12, section 598-A^
other than service land. is deemed to substantially alter the land and must be approved by
the vote of 2/3 of all the members elected to each House of the Legislature.
For the ourooses of this subsection, "service land" means public lands designated by the
Legislature pursuant to Title 12, section 598-A that are:
A, A former railroad rieht-of-way that is no longer used for rail service and is owned
by the State and used as a recreational trail; and
B. Any other public land for which the crossing or utilization bv a proposed
high-jmpact electric transmission line satisfies the criteria established by rule adopted
8 pursuant to Title 12, section_ 59 8-C for a determination by the Department of
Agriculture, Conservation and Fgrestry^ Bureau of Parks and Lands that the
high-impact electric transmission line's crossing or utilization does not constitute a
reduction or substantial alteration of those lands.
Sec. 3. 35-A MRSA §3136, sub-§l, as amended by PL 2007,c.148, § 12, is further
amended to read:
1. Land necessary for location of transmission lines carrying 5,000 volts. Subject
to approval by the commission under subsection 4 and the requirements of subsection 6. if
applicable, a transmission and distribution utility may take and hold by right of eminent
domain lands and easements necessary for the proper location of its transmission lines that
are designed to carry voltages of 5,000 volts or more and of necessaiy appurtenances,
located within the territoiy in which the utility is authorized to do public utility business,
in the same manner and under the same conditions as set forth in chapter 65.
Notwithstanding section 6501, subsection 1 and section 6507, subsection 4, owners are
entitled to damages for all property taken by eminent domain in accordance with sub.sectjon
5,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A " to S.P, 880. L.D, 2087,
Sec. 4. 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; offer requirements for hieh-impact electric transmission line;
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 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 and, for a
high-impact electric transmission line, the transmission and distribution utility has met the
offer requirements described in paragraph A. 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 3 8, section 484.
A. If the transmission and distribution utility is seeking commission approval for the
taking of a location by eminent domain for the construction. rebuilding or relocation
ofahigh-impact electric transmission line on a lot or parcel of real property that is 200
contiguous acres or less and the transmission and distribution utility seeks to take less
than the entire property, the transmission and distribution utility must demonstrate to
the commission that. in its negotiations with the owner of the property for a voluntary
acquisition of the location, it made both an offer for the taking of title to the entire
property in fee simple absolute and an offer for the taking of only that portion of the
property sought by the utility and that the owner did not accept either offer.
Sec. 5. 35-A MRSA §3136, sub-§5 is enacted to read:
5,_0jvneren^^^ owner of a property taken by eminent dQmain by
a transmission and distribution utility forAhe_constryc^^ or relocation of a
transmission line is entitled to damages for all property taken, which must be determined
0 using the methods set forth in Title 23, sections 154 to 154-F.
Sec. 6. 35-A MRSA §3136, sub-§6 is enacted to read:
6. Taking by transmission and distribution utility of locationon property that is
200 acres or less for high-impact electric transmission line; owner option. If the
commission, m accordance with subsection 4, approves a taking by eminent domain by a
transmission and distribution utility for the construction, i^buildm&o of a
6 hieh-impact electric transmission line when the location subject to the taking is a lot or
parcel of real property that is 200 contieuous acres or less and die_tj-ansmis^^^^^
distribution utility seeks and the commission has approved a taking of less than the entire
property, the following requirements apply:
A. The damages estimated by the county commissioners in accordance with section
65 03, subsection 2 must include 2 estimates, one for the taking of title to the entire
property in fee simple absolute and one for the taking of only that portion of the
property approved for a taking by the commission; and
Page3-131LR2609(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " f\ " to S.P. 880, L.D. 2087
B. The owner of the property has the option to require the transmission and distribution
utility to take the entire property in fee simple absolute and. if the owner elects to
require the transmission and distribution utility to take the entire prouertv, the
commission shall approve the taking of the entire property.
Sec. 7. 35-A MRSA §3136, sub-§7 is enacted to read:
7. Property taken for hieh-impact electric transmission line; notice and
educational materials. The commission shall routine technical rules regarding the
provision of notice to an owner of real property whose property may be taken by eminent
domain for the construction, rebuilding^rrelocatiQnofa high-impact electric transmission
line by an entity selected to construct a high-impact electric transmission line pursuant to
section 3210-1, subsection 2, or a transmission and disti4butionutUity^a^ to an owner
of real property whose property abuts the proposed high-impact electric transmission line.
The notice must include educational materials that include, but are notlimited to, materials
describing the high-impact electnc_transmissiQn line development process and must be sent
by certified mail.^^^^^T^ must establish requirements for the notice and educational
materials including:
A, The appearance and contents of the notice and_rnatenals;
B. The appearance of the envelope that includes the notice and materials;
C. The information to be included relatine to the high-impact electric transmissionjme
development process;
D. The information that describes the scope of the proposed hieh-impact electric
transmission line;
E. The nshts_a^nd^vvoi^ to participate in the
development process;
F. Resources Jhat may b^^^^^^^ of real property, which mav
include resources for legal assistance; and
G. The time frame for when the notice and educational materials must be sent to an
owner of real property.
The commission shall review and approve the notice and educational materials the
0 transmission and distribution utility or entity is required to send before the notice and
educational materials are proy^i^^^^^^ owner of real prQperty. The commission may
reguest_that a state agency or other commission review any educational materials that
address activities relating to the high-imnact electric transmission ljne_ development process
that are undertaken by that other state agency pr other commission.
Sec. 8. 35-A MRSA §3136, sub-§8 is enacted to read:
8. Hieh-impact electrictransmiss^^ incurred by property
owner. A transmission and distribution utility that takes a location by eminent domain for
8 the construction, rcbyiHmg^^^^^ line is
responsible for a property owner's fees and expenses associated with seeking an award of
damages in accordance with this subsection.
A. If the award for damages, as determined by the county commissioners in accordance
with section 6503. subsection 2 or the Superior Court in accordance with section 6507.
Page4-131LR2609(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A " to S.P, 880, L.D, 2087
^"toS.P,880,L,D,2087('5-(d3g)
is more than 40% and at least $25,000 greater than the last written offer of
^^Q^ compensation prior to the property owner's or transmission and distribution utility's
filing of a request for the determination of damages or an appeal of such determination
to the Superior Court, the county commissioners or the court shall award the owner
reasonable attorney's fees. litigation expenses, appraisal fees. other experts' fees and
other_related costs in addition to other compensation authorized by this section.
B. If the award for damages is at least 20%, but not more than 40%, and at least $ 10,000
greater than the last written offer of compensation, the county commissioners or the
court may award reasonable fees and expenses described in paragraph A.
C. No attorney s fees may be awarded under this subsection if the award of damages is
$25.000 or less,
D. If the award of damages is less than 20% RreateL_than_ ^^A^_wn&^_off^Lof
compensation, the owner of the property is responsible for the owner's own costs.
For the purposes of this subsection, "last written offer QfconmensatiQn'lm^^^^
offer of compensation made by the transmission and distribution utility and, in the case of
a taking of only a portion of a lot or parcel of real property, the last offer made for the
portion of the property sought by the transmission and distribution utility. "Last written
offer of compensation" does not include the offer for the taking of title to the entire property
in fee simple absolute as required by subsection 4.
Sec. 9. 35-A MRSA §3136, sub-§9 is enacted to read:
9. Definition. For the purposes of this section, "high-impact electric transmission
line" means a transmission line of any length that is:
A. Constructed to transmit direct current electricity; or
B. Capable of operating at 345 kilovolts or more; and
d) Is not a generator interconnection transmission facility as defined in section
3132, subsection 1-B; and
f2Us not constructed primarily to provide electric reliability, as detennined by the
commission.
Sec. 10. 38 MRSA §485-A, sub-§l-D is enacted to read:
1-D. Hearing required; transmission line. If an application for the development and
construction of a transmission line or lines requu-ine approval under this article is received
by the department, the department or the board, as applicable. shall hold a hearine in
accordance with section 486-A and may not issue an order without a hearing.
Sec. 11. 38 MRSA §486-A, sub-§2-A is enacted to read:
2-A. Developer; route analYsis public participation. The department shall require
an applicant who has submitted an application pursuant to section 485-A related to the
develooment 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
meetines regarding the transmission line or lines prior to the submission of its application.
Such public meetines must include the presentation of information reearding the proposed
transmission line or lines. including, but not limited to, proposed route information, and
provide an OBportunitv for public Darticipation and comment. Information presented and
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A " to S.P. 880, L.D. 2087 (
public comments received at the public meetings must be made publicly available and be
part of the record of any department or board proceeding.
Sec. 12. Rulemaking. The Department of Agriculture, Consei-vation and Forestiy,
Bureau of Parks and Lands shall adopt major substantive rules pursuant to the Maine
Revised Statutes, Title 12, section 598-C to provide, in the case of a high-impact electric
transmission line crossing or utilizing land designated under Title 12, chapter 202-A, or a
portion of such designated land, that is a rail trail or recreational corridor or land of similar
configuration, criteria for determining that the high-impact electric transmission line would
not cause the land to be reduced or the uses of the land to be substantially altered. The
bureau shall submit the provisionally adopted rules to the 132nd Legislature for review.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill, adds an emergency preamble and clause and changes
the title. It does the following.
1. It defines "service land" and excepts those public lands from the provision of law
that considers a high-impact electric transmission line crossing or utilizing public lands a
substantial alteration.
2. It prohibits the Public Utilities Commission from approving a transmission and
distribution utility's taking of a location for a high-impact electric transmission line by
eminent domain if the location is on a lot or parcel of real property that is 200 contiguous
acres or less and the transmission and distribution utility seeks to take less than the entire
property, unless the transmission and distribution utility demonstrates that, in its
negotiations with the owner of the property for a voluntary acquisition of the location, it
made both an offer for the entire property and an offer for just the location.
3. It clarifies the provisions of law that apply to the determination of damages for
property taken by eminent domain for the construction, rebuilding or relocation of a
high-impact electric transmission line designed to carry voltages of 5,000 volts or more and
of necessary appurtenances.
4. If a location approved by the commission for a taking by eminent domain for a
high-impact electric transmission line is on a lot or parcel of real property that is 200
contiguous acres or less and the transmission and distribution utility seeks to take less than
the entire property, it requires the county commissioners' estimate of damages to include 2
estimates, one for the entire property in fee simple absolute and one for the portion of the
property approved for a taking. It provides that the owner of the property has the option to
8 require the transmission and distribution utility to take the entire property and, if the owner
elects to require the transmission and distribution utility to take the entire property, the
commission must approve the taking of the entire property.
5. It requires the commission to adopt rules regarding notice and educational materials
that must be sent by certified mail to an owner of real property whose property may be
taken by eminent domain for the construction, rebuilding or relocation of a high-impact
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " d " to S,P, 880, L.D. 2087,
electric transmission line, as well as to an owner whose property abuts the proposed high-
impact electric transmission line, by an entity selected to construct a high-impact electric
transmission line pursuant to the Maine Revised Statites, Title 35-A, section 3210-1,
subsection 2, or a transmission and distribution utility,
6. It establishes the circumstances under which a property owner's fees and expenses
associated with seeking an award of damages for property taken by eminent domain must
be paid by a transmission and distribution utility.
7. It prohibits the Department of Environmental Protection and the Board of
Environmental Protection from issuing an order without a hearing for a development of a
high-impact electric transmission line of state or regional significance that may
substantially affect the environment. It also requires the department to require an applicant
for such development to demonstrate to the department that the applicant conducted one or
more public meetings regarding the transmission line prior to the submission of any
application to the department.
8. It requires the Department of Agriculture, Conservation and Forestry, Bureau of
Parks and Lands to adopt rules pursuant to Title 12, section 598-C to provide, in the case
of a high-impact electric transmission line crossing or utilizing a rail trail or recreational
corridor or land of similar configuration designated under Title 12, chapter 202-A, criteria
for determining that the high-impact transmission line would not cause the land to be
reduced or the uses of the land to be substantially altered.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/25/24 ^^c--
LD 2087 LR 2609(02)
An Act to Protect Property Owners by Preventing the Use of Eminent Domain to Build Transmission
Lines Under the Northern Maine Renewable Energy Development Program
Fiscal Note for Bill as Amended by Committee Amendment '^
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 to implement the provisions of this bill are expected to be
minor and .can be absorbed within existing budgeted resources.
LR2609(02) - Fiscal Note - Page 1 of 1