Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

In order to enable an electric utility to divest generation assets in accordance with the requirements of law, this bill provides exemptions from certain state and local approvals that otherwise may be required in order to consummate the divestiture. Under this bill, a transfer of property necessary to consummate a divestiture that results in a division of ownership of any lot or parcel of real property is exempt from municipal and state agency approval pursuant to laws, ordinances or rules relating to land use, zoning, shoreland zoning or subdivision of property, and such a division of ownership does not constitute a violation of those laws, ordinances or rules.

The exemptions granted under this bill are solely for the purpose of enabling a divestiture required by law. Any subsequent change of use, development, transfer of ownership or other use of or activity on the land is subject to all applicable regulatory reviews and approvals by a municipality or state agency. A municipality or state agency, in its review of any subsequent change of use, development, transfer of ownership or other use of or activity on land whose ownership has been divided, may consider that division of land ownership and may, in accordance with applicable standards established by law or ordinance, deny or condition its approval based on the cumulative effect of that division of ownership and the proposed use, development, transfer or other activity, as though both were occurring at the same time.