H.P. 1393 - L.D. 1998
An Act to Fulfill the Requirements of the Electric Restructuring Act
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Legislature has determined that the restructuring of the electric industry is of critical importance to the citizens of the State; and
Whereas, the deadlines established in the Maine Revised Statutes, Title 35-A, section 3204 are of vital importance to establishing effective competition and accomplishing the goals of that law; and
Whereas, the divestiture required in Title 35-A, section 3204, creates unique problems that could not have been foreseen when the restructuring law was enacted and subsequently amended; and
Whereas, compliance with the deadlines set forth in Title 35-A, section 3204 may be impaired by the unique problems of application of other laws and ordinances; and
Whereas, the public's interests are adequately protected by the oversight vested in the Public Utilities Commission pursuant to Title 35-A and other laws; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3204, sub-§9 is enacted to read:
9. Other regulatory approvals; limitation. A transfer of interests or rights in real property necessary to consummate a divestiture pursuant to this section that results in a division of ownership of any lot or parcel of real property:
A. Is exempt from municipal and state agency approval required pursuant to laws, ordinances or rules related to land use, zoning, shoreland zoning or subdivision of property; and
B. Does not constitute a violation of laws, ordinances or rules relating to land use, zoning, shoreland zoning or subdivision of property.
Any subsequent regulated activity relating to any resulting parcel is subject to all applicable regulatory reviews and approvals by a municipality or state agency. A municipality or state agency, in its review of any subsequent regulated activity relating to any resulting parcel, may consider the division of ownership accomplished pursuant to the exemption granted under this subsection and may, in accordance with applicable standards established by law, rule or ordinance, deny or condition its approval based on the cumulative effect of that division of ownership and the subsequent regulated activity, as though both were occurring at the same time.
For purposes of this subsection, "subsequent regulated activity" means any activity occurring after a division of ownership accomplished pursuant to the exemption granted under this subsection that is subject to regulatory review by a municipality or state agency, including any change of use, division of ownership or development. For purposes of this subsection, "resulting parcel" means a lot or parcel of real property resulting from a division of ownership accomplished pursuant to an exemption granted under this subsection.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 30, 1999.
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