An Act To Establish the Maine Transmission Mitigation Trust Fund
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, transmission lines capable of transmitting electricity at voltages above 100 kilovolts cause harm to Maine's scenic beauty and neighborhood quality of life; and
Whereas, such transmission lines cause harm to property values and tax revenues to municipalities; and
Whereas, the existence of such transmission lines imposes financial costs to Maine electricity ratepayers; and
Whereas, such transmission lines may cause harm to the health of Maine residents; 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,
PART A
Sec. A-1. 36 MRSA c. 117 is enacted to read:
CHAPTER 117
excise tax on transmission lines
§ 1651. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 1652. Rate of tax
An excise tax of $4.25 per megawatt-hour of electricity transmitted over a transmission line is levied upon the transmission line owner and imposed at the point where the megawatt-hour of electricity is placed on the transmission line.
§ 1653. Transmission line owner reports of transmission and payment of taxes
A transmission line owner shall keep, as a part of the transmission line owner's permanent records, a record of all megawatt-hours transmitted over high-voltage electric transmission property and the point where each megawatt-hour of electricity is first placed on the high-voltage electric transmission property. These records must be open for inspection by the State Tax Assessor at all times. A transmission line owner shall, on or before the last day of each month, render a report to the State Tax Assessor stating the number of megawatt-hours transmitted by the transmission line owner during the preceding calendar month on forms to be furnished by the State Tax Assessor and, at the same time, shall pay to the State Tax Assessor the tax under section 1652 on all megawatt-hours reported as transmitted over high-voltage electric transmission property. If it appears to the State Tax Assessor from an inspection of records or otherwise that an additional tax is due or overpayment of tax has been made, additional assessments or refunds must be made by the State Tax Assessor to the transmission line owner.
§ 1654. Contributions; Maine Transmission Mitigation Trust Fund
The State Tax Assessor shall determine annually the total amount of tax revenue collected under this chapter. The State Tax Assessor shall deduct the cost of administering the transmission line tax under section 1652 from those revenues and report the remainder to the Treasurer of State, who shall credit that amount to the Maine Transmission Mitigation Trust Fund established in Title 35-A, section 3218.
PART B
Sec. B-1. 5 MRSA §12004-G, sub-§30-D is enacted to read:
| Public Utilities | Maine Transmission Mitigation Trust | Not Authorized | 35-A MRSA §3218 |
Sec. B-2. 35-A MRSA §3218 is enacted to read:
§ 3218. Maine Transmission Mitigation Trust Fund
The State pledges to, contracts with, and agrees with the trustees and customers that neither the State nor any of its agencies, including the commission, may limit, alter, amend, reduce or impair the trust, its funds or any rights under the trust or ownership of the trust or security interest in the trust. The State acknowledges that such owners, holders and trustees may and will rely on this pledge, contract and agreement and that any such limitation, alteration, amendment, reduction or impairment without adequate provision will irreparably harm such owners, holders and trustees.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect July 1, 2009.
summary
This bill imposes a state excise tax on certain high-voltage electric transmission property. This bill also creates the Maine Transmission Mitigation Trust, which manages the Maine Transmission Mitigation Trust Fund. The revenue from the imposition of the state excise tax on certain high-voltage electric transmission property is deposited in the trust fund. The trustees of the trust shall distribute 20% of the trust fund, up to $10,000,000, annually to municipalities that have submitted winning bids for projects to install underground utility infrastructure. The remainder of the trust fund must be paid to Maine electricity ratepayers in proportion to each customer's purchases of electricity transmitted over the State's transmission and distribution utilities.