An Act To Amend the Laws Governing Decision-making Authority Regarding Energy Infrastructure Corridors
Sec. 1. 35-A MRSA §122, sub-§1-B, ¶A, as amended by PL 2011, c. 655, Pt. MM, §14 and affected by §26, is further amended to read:
(1) The Director of the Governor's Energy Office within the Executive Department or the director's designee;
(2) The Commissioner of Administrative and Financial Services or the commissioner's designee;
(3) The commissioner of each department or the director of any other state agency or authority that owns or controls land or assets within the statutory corridor under consideration or that commissioner's or director's designee; and
(4) Four members of the public appointed by the Governor in accordance with this subparagraph, subject to review by the joint standing committee of the Legislature having jurisdiction over utilities and energy matters and to confirmation by the Senate:
(a) One member with expertise in energy and utilities selected from candidates nominated by the President of the Senate;
(b) One member with expertise in real estate or finance selected from candidates nominated by the President of the Senate;
(c) One member representing industrial or commercial energy consumers selected from candidates nominated by the Speaker of the House; and
(d) One member representing residential energy consumers selected from candidates nominated by the Speaker of the House.
Public members serve 3-year terms, except that a vacancy must be filled for the unexpired portion of the term. A public member serves until a successor is appointed. A public member may serve a maximum of 2 consecutive terms. Compensation of public members is as provided in Title 5, section 12004-G, subsection 30-D . ;
(5) The Public Advocate; and
(6) The Director of the Governor's Office of Policy and Management within the Executive Department or the director's designee.
Sec. 2. 35-A MRSA §122, sub-§1-B, ¶D, as enacted by PL 2009, c. 655, Pt. A, §2, is amended to read:
Sec. 3. 35-A MRSA §122, sub-§1-B, ¶F, as enacted by PL 2009, c. 655, Pt. A, §2, is amended to read:
(1) Have demonstrated experience in the valuation and evaluation of utility corridors or transportation corridors;
(2) Hold a professional designation from a nationally recognized organization of appraisers; and
(3) Be licensed by this State as a certified general real property appraiser in accordance with Title 32, section 14035 or hold a comparable license from another state.
The cost of the services of a professional appraiser who provides services in accordance with this paragraph must be paid by potential developers submitting proposals for use of the corridor under this subsection in proportion to the amount of time spent by the appraiser on each potential developer's proposal. Payments for appraisal costs collected from potential developers may be expended for the costs of appraisal services and to pay member expenses as authorized under Title 5, section 12004-G, subsection 30-D.
Sec. 4. 35-A MRSA §122, sub-§1-D, as enacted by PL 2009, c. 655, Pt. A, §2, is amended to read:
(1) Materially enhances or does not harm transmission opportunities for energy generation within the State;
(2) Is reasonably likely to reduce electric rates or other relevant energy prices or costs for residents and businesses within the State relative to the value of those rates, prices or costs but for the proposed energy infrastructure development or, if the deciding authority is unable to determine to its satisfaction the impact of the proposal on rates, prices or costs, the owner or operator of the proposed energy infrastructure agrees to pay annually an amount of money, determined by the deciding authority, to reduce rates, prices or costs over the life of the proposed energy infrastructure; and
(3) Is in the long-term public interest of the State, based on a determination made in accordance with paragraph B.
(1) Materially enhances or does not harm transmission opportunities for energy generation within the State;
(2) Is reasonably likely to reduce electric rates or other relevant energy prices or costs for residents and businesses within the State relative to the expected value of those electric rates or other energy prices or costs but for the proposed energy infrastructure development;
(3) Increases long-term economic benefits for the State, including but not limited to direct financial benefits, employment opportunities and economic development;
(4) Ensures efficient use of the statutory corridor through collocation of energy infrastructure, collaboration between energy infrastructure developers and the preservation of options for future uses;
(5) Minimizes conflict with the public purposes for which the state-owned land or asset is owned and any management plans for the land or asset within the statutory corridor and, when necessary, mitigates unavoidable impacts;
(6) Limits and mitigates the effects of energy infrastructure on the landscape, including but not limited to using underground installation when economically and technically feasible;
(7) Increases the energy reliability, security and independence of the State; and
(8) Reduces the release of greenhouse gases.
Sec. 5. 35-A MRSA §122, sub-§10, as amended by PL 2009, c. 655, Pt. A, §2, is further amended to read: