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PUBLIC LAWS OF MAINE
Second Regular Session of the 119th

CHAPTER 596
H.P. 1769 - L.D. 2482

An Act to Enhance Maine's Historic Districts by Efficiently Installing Underground Delivery Systems

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 35-A MRSA §2312 is enacted to read:

§2312.   Facilities in municipally designated historic districts

     1. Location of facilities in municipally designated historic district. A public utility or other facility owner that owns facilities, as defined in section 2502, subsection 3, along a state highway or state aid highway located in a district designated a historic district by a municipality by ordinance shall provide, upon written demand by the governing body of that municipality, services to buildings or structures located along the state highway or state aid highway either by connecting its facilities to the rear of those buildings or structures, if rear access is reasonably available from other poles, however owned and controlled, legally located in public streets or ways, or by placing those facilities under the surface of the state highway or state aid highway. Any relocation or placement cost is the responsibility of the municipality whose governing body issued the written demand, unless the public utility or other facility owner has specifically agreed in writing to bear a portion of the cost.

     2. Cost estimate. A public utility or other facility owner that owns facilities, as defined in section 2502, subsection 3, shall inform, within 60 days of receiving a written demand from a municipality pursuant to subsection 1, the municipality's governing body of its preliminary estimate of costs of relocating facilities. The written demand must include the exact location within the public way of the proposed new placement or relocation, taking into consideration existing underground utilities. The municipality may rescind its demand for a relocation after reviewing the cost estimate.

Effective August 11, 2000, unless otherwise indicated.

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