LD 1998
pg. 1
LD 1998 Title Page An Act to Fulfill the Requirements of the Electric Restructuring Act Page 2 of 2
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LR 3045
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, the Legislature has determined that the restructuring
of the electric industry is of critical importance to the
citizens of the State; and

 
Whereas, the deadlines established in the Maine Revised
Statutes, Title 35-A, section 3204 are of vital importance to
establishing effective competition and accomplishing the goals of
that law; and

 
Whereas, the divestiture required in Title 35-A, section 3204,
creates unique problems that could not have been foreseen when
the restructuring law was enacted and subsequently amended; and

 
Whereas, compliance with the deadlines set forth in Title 35-A,
section 3204 may be impaired by the unique problems of
application of other laws and ordinances; and

 
Whereas, the public's interests are adequately protected by the
oversight vested in the Public Utilities Commission pursuant to
Title 35-A and other laws; 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,

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

 
Sec. 1. 35-A MRSA §3204, sub-§9 is enacted to read:

 
9.__Other regulatory approvals; limitation.__A transfer of
interests or rights in real property necessary to consummate a
divestiture pursuant to this section that results in a division
of ownership of any lot or parcel of real property:

 
A.__Is exempt from municipal and state agency approval
required pursuant to laws, ordinances or rules related to
land use, zoning, shoreland zoning or subdivision of
property; and

 
B.__Does not constitute a violation of laws, ordinances or
rules relating to land use, zoning, shoreland zoning or
subdivision of property.


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