Public Laws

124th Legislature

First Regular Session


Parts: A B C D E

Chapter 415

H.P. 1028 - L.D. 1475

PART E

Sec. E-1. PL 2009, c. 372, Pt. F, 5, sub-2 is amended to read:

2. Prohibition. A state authority may not enter into a significant occupancy agreement allowing the installation of energy facilities in state transportation corridors until a law approving a plan governing such agreements is enacted. A state authority may not issue a permit for an energy facility greater than 75 miles in length on land other than the submerged lands of this State or outside the territorial waters of this State as defined in the Maine Revised Statutes, Title 12, section 6001, subsection 48-B until this section is repealed, except that:

A. An application from such an energy facility may be processed by a state authority up to, but not including, final decision on the application;
B. Any such applications processed by the Department of Environmental Protection or the Public Utilities Commission that may require adjudicatory proceedings or permit application review may not proceed beyond creation of the evidentiary record; and
C. Any action, proceeding or decision by a state authority pertaining to such an application is governed by any law enacted pursuant to section 4, subsection 6.

A state authority may not sell or lease public lands as that term is used in Title 35-A, section 3132, subsection 13 for the installation of an energy facility greater than 75 miles in length until a law approving a plan governing the sale or lease of state lands for such installations is enacted or until the energy facility receives a certificate of public convenience and necessity pursuant to Title 35-A, section 3132. Notwithstanding any other statutory provision or exemption, any person proposing to construct a transmission line greater than 75 miles in length and operating at greater than 69 kilovolts must obtain a certificate of public convenience and necessity as required by Title 35-A, section 3132.

Sec. E-2. PL 2009, c. 372, Pt. K, 5 is enacted to read:

Sec. K-5. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 35-A, section 3210, subsections 5, 6 and 6-A take effect July 1, 2010.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333