An Act To Amend Maine's Municipal Land Use and Eminent Domain Laws Regarding Transmission and Distribution Utilities
Sec. 1. 30-A MRSA §4352, sub-§4, as amended by PL 2009, c. 615, Pt. G, §1, is further amended to read:
Sec. 2. 35-A MRSA §3136, sub-§1, as amended by PL 2007, c. 148, §12, is repealed and the following enacted in its place:
Sec. 3. 35-A MRSA §3136, sub-§3, as amended by PL 2007, c. 148, §13, is further amended to read:
Sec. 4. 35-A MRSA §3136, sub-§4, as amended by PL 2007, c. 148, §14, is further amended to read:
This bill requires a transmission and distribution utility, prior to taking land or an easement by eminent domain, to obtain the approval of the body of government having jurisdiction over the land or easement. Following approval by the body of government, the transmission and distribution utility is still required to obtain a certificate of public convenience and necessity from the Public Utilities Commission.
The bill makes explicit that the exemption from municipal zoning ordinances regarding real estate used by public utilities does not apply to an elective transmission upgrade, which is a transmission line for which a person developing the transmission line has agreed to pay all of the costs of developing the transmission line without passing those costs on to ratepayers.