HP0985, LD 1363, item 3, ‘An Act To Amend Certain Laws Relating to High-impact Electric Transmission Lines’

Amend the bill by striking out the title and substituting the following:

‘An Act To Amend Certain Laws Relating to High-impact Electric Transmission Lines’

Amend the bill by striking out everything after the title and inserting the following:

‘

Sec. 1. 35-A MRSA §3131, sub-§4-A, as enacted by PL 2009, c. 655, Pt. A, §3, is amended to read:

4-A. High-impact electric transmission line. "High-impact electric transmission line" means a transmission line greater than 50 miles in length that is not located in a statutory corridor, as defined in section 122, subsection 1, paragraph F-4, or a petitioned corridor, as defined in section 122, subsection 1, paragraph D-1, and that is:

A. Constructed to transmit direct current electricity; or

B. Capable of operating at 345 200 kilovolts or more and:

(1) Is not a generator interconnection transmission facility as defined in section 3132, subsection 1-B; and

(2) Is not constructed primarily to provide electric reliability within the State, as determined by the commission.

Sec. 2. 35-A MRSA §3132, sub-§6-A, as enacted by PL 2009, c. 655, Pt. A, §5, is amended to read:

6-A. High-impact electric transmission line; certificate of public convenience and necessity. The commission shall evaluate and render a decision on any petition for a certificate of public convenience and necessity for a high-impact electric transmission line in accordance with section 122, subsection 1-D this subsection. The commission may issue a certificate only if:

A. The petitioner has filed with the commission, with the Department of Administrative and Financial Services, Maine Revenue Services and with each municipality through which the high-impact electric transmission line will pass the anticipated assessed property value for property tax purposes, including a minimum anticipated assessed property value, of the high-impact electric transmission line for each municipality through which the high-impact electric transmission line will pass; and

B. The petitioner has agreed in writing, as a condition of the certificate, to pay each year for the life of the high-impact electric transmission line, as determined by the commission, to each municipality through which the high-impact electric transmission line will pass, in addition to any property tax assessments due, an amount equal to the amount of any additional taxes that would have been due if the actual assessed valuation of the high-impact electric transmission line was equal to the minimum anticipated assessed property value filed pursuant to paragraph A. If in any year the actual assessed valuation of the high-impact electric transmission line is equal to or greater than the minimum anticipated assessed property value filed pursuant to paragraph A, the amount required to be paid to the municipality under this paragraph is the property tax assessment only.

The commission shall adopt rules necessary to implement this subsection. Rules adopted by the commission under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.’

SUMMARY

This amendment replaces the bill. The amendment:

1. Removes the emergency preamble and clause from the bill;

2. Modifies the definition of "high-impact electric transmission line" to include a transmission line that is:

A. Greater than 50 miles in length;

B. Capable of operating at 200 kilovolts or more;

C. Not a generator interconnection transmission facility; and

D. Not constructed to provide electric reliability within the State; and

3. Requires that a petitioner for a certificate of public convenience and necessity for a high-impact electric transmission line pay the amount of tax benefits projected by the petitioner.

HP0985 LD 1363	Session - 129th Maine Legislature C "B", Filing Number H-438, Sponsored by		LR 968 Item 3
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