An Act to Verify the Reduction of Global Greenhouse Gas Emissions for Certain Electric Transmission Line Projects
Maine Legislature, Session 131, LD 1658
Committee: Environment and Natural Resources
Sponsors: BENNETT, GRAMLICH
Amends: 38 MRSA §487-A

Legislative Document
No. 1658
S.P. 663
In Senate, April 13, 2023
An Act to Verify the Reduction of Global Greenhouse Gas 
Emissions for Certain Electric Transmission Line Projects
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Cosponsored by Representative GRAMLICH of Old Orchard Beach.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §487-A, sub-§5 is enacted to read:
5.  Nonessential transmission lines; reduction of global greenhouse gas emissions.  
Notwithstanding any provision of law to the contrary, a permit issued under this article for 
a nonessential transmission line is conditioned on the owner of the transmission line, no 
later than one year after the transmission line achieves commercial operation, submitting 
to the department documentation, analysis or other information, prepared by an 
independent 3rd party, that demonstrates to the department's satisfaction that the 
transmission line and the electricity it transports contributes to the reduction of global 
greenhouse gas emissions.  As used in this subsection, "nonessential transmission line" 
means a permanently installed transmission line carrying 100 kilovolts or more that is 
constructed primarily to transport electricity generated outside of the State and that 
achieves commercial operation after January 1, 2024.
A.  Failure of the owner of a nonessential transmission line to submit the 
documentation, analysis or other information that demonstrates to the department's 
satisfaction that the transmission line and the electricity it transports contributes to the 
reduction of global greenhouse gas emissions constitutes a violation of the permit 
issued under this article and the department shall take appropriate action in accordance 
with section 347-A, which may include, but is not limited to, entry of an administrative 
consent agreement requiring the owner to pay to the department penalties calculated in 
proportion to the amount of electricity transported using the transmission line that, in 
the department's determination, does not contribute to the reduction of global 
greenhouse gas emissions.
B.  Notwithstanding any provision of law to the contrary, if pursuant to a violation 
under paragraph A, the department requires the owner of a nonessential transmission 
line to pay penalties in accordance with section 347-A or 349, the department shall 
transfer those penalty amounts to the Efficiency Maine Trust established in Title 35-A, 
section 10103 for deposit in the Regional Greenhouse Gas Initiative Trust Fund 
established in Title 35-A, section 10109 or another fund as determined by the 
department.
C.  The department shall adopt rules to implement this subsection.  Rules adopted 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
SUMMARY
This bill amends the site location of development laws to provide additional 
requirements applicable to permanently installed transmission lines carrying 100 kilovolts 
or more of electricity that are constructed primarily to transport electricity generated 
outside of the State and that achieve commercial operation after January 1, 2024.  Those 
lines are defined in the bill as "nonessential transmission lines."  The bill provides that a 
permit issued under the site location of development laws for a nonessential transmission 
line is conditioned on the owner of the nonessential transmission line, no later than one 
year after the transmission line achieves commercial operation, submitting to the 
Department of Environmental Protection documentation, analysis or other information, 
prepared by an independent 3rd party, that demonstrates to the department's satisfaction 
that the transmission line and the electricity it transports contributes to the reduction of 
global greenhouse gas emissions.  Failure to demonstrate that the transmission line and the 
electricity it transports contributes to the reduction of global greenhouse gas emissions 
constitutes a violation of the permit for which the department shall take appropriate action, 
which may include entry of an administrative consent agreement requiring the owner to 
pay penalty amounts calculated in proportion to the amount of electricity transported using 
the transmission line that does not contribute to the reduction of global greenhouse gas 
emissions.