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An Act Regarding a Transmission and Distribution Utility's Use of the Right of Eminent Domain To Locate Its Transmission Lines
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3136, sub-§2, ¶D, as amended by PL 2001, c. 608, §2, is further amended to read:
 
D. Lands or easements owned or used by railroad corporations, except as authorized pursuant to section 2311; and
Sec. 2. 35-A MRSA §3136, sub-§2, ¶E, as enacted by PL 2001, c. 608, §2, is amended to read:
 
E. Lands or easements owned by the State.; and
Sec. 3.  35-A MRSA §3136, sub-§2, ¶F  is enacted to read:
 
F.  Lands or easements to be acquired for the purpose of an elective transmission upgrade that is not required for reliability of service to customers in the State or the ISO-NE region. For purposes of this paragraph, "ISO-NE region" has the same meaning as in section 1902, subsection 3.
 
SUMMARY
This bill withholds the right of eminent domain from a transmission and distribution utility for lands or easements to be acquired for an elective transmission upgrade that is not required for reliability of service to customers in the State or the ISO-New England region.