Sec. 1. 35-A MRSA §2305, as amended by PL 1999, c. 398, Pt. A, §34 and affected by §§104 and 105, is further amended to read:

§2305. Transmission and distribution utilities may construct

lines

Every transmission and distribution utility may construct and maintain its lines in, upon, along, over, across and under the roads and streets in any municipality in which it is authorized to supply electricity, subject to the conditions and restrictions provided in this chapter and chapter 25.

No person except a transmission and distribution utility may construct and maintain its lines with poles or other structures carrying electricity in, upon, along or under the roads, streets and public ways maintained by any municipality unless, in addition to meeting the requirements of section 2503, the applicable licensing authority finds that have been met and:

2. Posting surety bonds. The applicant has posted with the licensing authority a surety bond in accordance with terms and conditions established by the licensing authority in an amount sufficient to:

A. Protect the public from claims, demands and actions arising out of improper construction of the line; and

3. Duplication of or interference with transmission and distribution facilities. The commission has found that the line neither constitutes a duplication of transmission and distribution facilities nor interferes physically with the adequate and safe delivery of electricity to others. A commission finding is not required under this subsection if the only nonutility facility in the public way is a facility providing service from the person's abutting property or abutting easement to a utility facility in the public way and that utility facility is within 30 feet of the person's property line or easement.

A utility that enters into any written agreement with the owner of a line with regard to that line shall record that agreement in the registry of deeds in the county in which the line is placed.

The owner of a line is responsible for properly maintaining the line. If the owner of a line fails to maintain a line