Public Laws

124th Legislature

Second Regular Session


Parts: A B C

Chapter 655

H.P. 1274 - L.D. 1786

PART C

Sec. C-1. 2 MRSA §9, sub-§3, śC,  as amended by PL 2009, c. 372, Pt. H, §2, is further amended to read:

C.  In consultation with the Efficiency Maine Trust Board, established in Title 5, section 12004-G, subsection 10-C, prepare and submit a comprehensive state energy plan to the Governor and the Legislature by January 15, 2009 and submit an updated plan every 2 years thereafter . Within the comprehensive state energy plan, the director shall identify transmission capacity and infrastructure needs and recommend appropriate actions to facilitate the development and integration of new renewable energy generation within the State and support the State's renewable resource portfolio requirements specified in Title 35-A, section 3210 and wind energy development goals specified in Title 35-A, section 3404;

Sec. C-2. 2 MRSA §9, sub-§4  is enacted to read:

4 Advice to state agencies.   The director shall advise state agencies regarding energy-related principles for agencies to consider, along with the laws and policies governing those agencies, in conjunction with the sale, lease or other allowance for use of state-owned land or assets for the purpose of development of energy infrastructure. For the purposes of this subsection, "state-owned" and "energy infrastructure corridor" have the same meanings as in Title 35A, section 122, subsection 1. At a minimum, the director shall consider the following principles in advising state agencies under this subsection:
A The principles for the determination of the long-term public interest of the State as specified in Title 35-A, section 122, subsection 1-D, paragraph B;
B Avoiding wherever possible the use of lands subject to the provisions of the Constitution of Maine, Article IX, Section 23;
C Maximizing the benefit realized from the State's strategic location within New England and the northeastern region; and
D Complying with the provisions of the memorandum of agreement between the Maine Turnpike Authority and the Department of Transportation under Title 35A, section 122, subsection 1C, when applicable.

Nothing in this subsection alters any of the responsibilities or limits any of the authority of the Department of Administrative and Financial Services, Bureau of General Services pursuant to Title 5. Nothing in this subsection alters or limits the ability of departments or agencies of the State, along with the Bureau of General Services pursuant to Title 5, to generate or cogenerate energy at state facilities for use on site and elsewhere.

Sec. C-3. 35-A MRSA §3132, sub-§13,  as amended by PL 2009, c. 123, §6, is further amended to read:

13. Public lands.   The State, any agency or authority of the State or any political subdivision of the State may not sell, lease or otherwise convey any interest in public land, other than a future interest or option to purchase an interest in land that is conditioned on satisfaction of the terms of this subsection, to any person for the purpose of constructing a transmission line subject to this section, unless the person has received a certificate of public convenience and necessity from the commission pursuant to this section.

A person who has bought, leased or otherwise been conveyed any interest in public land for the purpose of constructing a transmission line may not undertake construction of that line except under the terms of the certificate of public convenience and necessity as originally issued for that transmission line by the commission or as modified by order of the Department of Environmental Protection under subsection 7 or under the terms of an amended certificate of public convenience and necessity issued by the commission or deemed to have been issued by the commission under subsection 11-A.

As used in this subsection, "public land" means land that is owned or controlled by the State, by an instrumentality of the State or by a political subdivision of the State.

As used in this subsection, "future interest or option to purchase an interest in land" includes an option, purchase and sale agreement or other equivalent legal instrument that conveys the intent to pursue a future sale, lease or other conveyance of land.

Sec. C-4. Legislative review; implementation. The joint standing committee of the Legislature having jurisdiction over utilities and energy matters shall review the implementation of this Act during the First Regular Session of the 125th Legislature. Based on its review, the joint standing committee may submit a bill relating to this Act to the First Regular Session of the 125th Legislature.

Sec. C-5. Department of Transportation report. By January 15, 2011, the Department of Transportation shall report to the joint standing committees of the Legislature having jurisdiction over transportation matters and utilities and energy matters regarding current and potential uses of abandoned railroad corridors owned or controlled by the department for energy infrastructure development.

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