An Act to Amend the Site Law Concerning State and Local Review of Transmission Lines
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA �487-A, sub-�2, as amended by PL 1995, c. 704, Pt. A, �13 and affected by Pt. C, �2, is further amended to read:
2. Power generating facilities. In case of a permanently installed power generating facility of more than 1,000 kilowatts or a transmission line carrying 120 100 kilovolts, or more, proposed to be erected within this State by an electric utility or utilities, the proposed development, in addition to meeting the requirements of section 484, must also have been approved by the Public Utilities Commission under Title 35-A, section 3132.
In the event that an electric utility or utilities file a notification pursuant to section 485-A before they are issued a certificate of public convenience and necessity by the Public Utilities Commission, they shall file a bond or, in lieu of that bond, satisfactory evidence of financial capacity to make that reimbursement with the department, payable to the department, in a sum satisfactory to the commissioner and in an amount not to exceed $50,000. This bond or evidence of financial capacity must be conditioned to require the applicant to reimburse the department for its cost incurred in processing any application in the event that the applicant does not receive a certificate of public convenience and necessity.
Sec. 2. 38 MRSA �487-A, sub-�3, as amended by PL 1995, c. 704, Pt. A, �14 and affected by Pt. C, �2, is further amended to read:
3. Easement required; transmission line or gas pipeline. In the case of a gas pipeline or a transmission line carrying 120 100 kilovolts or more, a permit under this chapter may be obtained prior to any acquisition of lands or easements to be acquired by purchase. The permit must be obtained prior to any acquisition of land by eminent domain.
Sec. 3. 38 MRSA �488, first �, as amended by PL 1995, c. 704, Pt. A, �15 and affected by Pt. C, �2, is further amended to read:
This article does not apply to any development in existence or in possession of applicable state or local licenses to operate or under construction on January 1, 1970, or to any development the construction and operation of which has been specifically authorized by the Legislature prior to May 9, 1970, or to public service corporation transmission lines, except transmission lines carrying 120 100 kilovolts or more, nor does it apply to the renewal or revision of leases of parcels of land upon which a structure or structures have been located as of March 15, 1972, nor to the rebuilding or reconstruction of natural gas pipelines or transmission lines within the same right-of-way.
See title page for effective date.
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