APPROVED CHAPTER
APRIL 22, 2024 660
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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S.P. 799 - L.D. 1963
An Act Regarding the Future of Renewable Energy Transmission in
Northern Maine
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §685-B, sub-§2-D is enacted to read:
2-D. Transmission line or lines under Northern Maine Renewable Energy
Development Program. A transmission line or lines developed under the Northern Maine
Renewable Energy Development Program pursuant to Title 35-A, section 3210-I,
subsection 2 and proposed within unorganized or deorganized areas of the State is reviewed
and permits are issued by the Department of Environmental Protection under Title 38,
section 489-A-1.
Sec. 2. 35-A MRSA §3201, sub-§8-C is enacted to read:
8-C. Employer and employee harmony agreement. "Employer and employee
harmony agreement" means an agreement between an employer and one or more labor
organizations representing or seeking to represent the employer's employees that includes:
A. A guarantee against strikes, lockouts and similar disruptions;
B. Mechanisms for labor-management cooperation on matters of mutual interest and
concern, including productivity, quality of work and safety and health; and
C. Mutually binding procedures for resolving labor disputes.
Sec. 3. 35-A MRSA §3210-I, sub-§1, ¶B, as enacted by PL 2021, c. 380, §1 and
reallocated by RR 2021, c. 1, Pt. A, §38, is amended to read:
B. Develop Plan for and develop the transmission infrastructure necessary for the State
to expeditiously meet its renewable energy and climate goals using, to the extent
practicable, renewable energy resources located in the State;
Sec. 4. 35-A MRSA §3210-I, sub-§1, ¶D, as enacted by PL 2021, c. 380, §1 and
reallocated by RR 2021, c. 1, Pt. A, §38, is amended to read:
D. Promote energy equity, high-quality jobs and the development of a skilled
workforce, with particular consideration given to the economic circumstances and
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 opportunities in the State's socially vulnerable counties and communities. For the
purposes of this paragraph, "socially vulnerable counties and communities" means
those counties and communities in the State containing populations that are
disproportionately burdened by existing social inequities or lack the capacity to
withstand new or worsening burdens; and
Sec. 5. 35-A MRSA §3210-I, sub-§1, ¶E, as enacted by PL 2021, c. 380, §1 and
reallocated by RR 2021, c. 1, Pt. A, §38, is amended to read:
E. Recognize that, in advancing the renewable energy and climate policies and goals
of the State, the near-term development of the transmission and other infrastructure
necessary to reduce greenhouse gas emissions is in the public interest.; and
Sec. 6. 35-A MRSA §3210-I, sub-§1, ¶F is enacted to read:
F. In collaboration with the Governor's Energy Office, established in Title 2, section
9, seek to partner with other states, governmental entities or utilities within New
England in the development of requests for proposals and the evaluation of proposals
received in response to a request for proposals for a transmission line or lines under
subsection 2 and renewable energy generation projects under subsection 3.
Sec. 7. 35-A MRSA §3210-I, sub-§2, as enacted by PL 2021, c. 380, §1 and
reallocated by RR 2021, c. 1, Pt. A, §38, is amended to read:
2. Request for proposals; generation connection transmission line or lines. The
commission shall issue a request for proposals for the development and construction of a
345-kilovolt double circuit generation connection line, or, in the commission's discretion,
a transmission line or lines of greater capacity, to connect transmission line or lines
necessary to connect at least 1,200 megawatts of renewable energy resources located in
northern Maine and developed pursuant to subsection 3 with the electric grid operated by
the New England independent system operator, referred to in this section as "the ISO-New
England system." The commission may issue preliminary requests for information from
utilities and private developers or release draft requests for proposals or draft transmission
services agreements to gather information to inform the program.
A. The proposals must be required to cover a contract term of 30 years, except that the
commission may, in its discretion, approve a contract term of a different duration, and
must include provisions for the construction, development and subsequent commercial
operation of the transmission line or lines described in this subsection.
A-1. The commission may coordinate with other states, governmental entities or
utilities within New England in the development of a request for proposals pursuant to
this subsection and in the evaluation of proposals received in response to a request for
proposals. The commission shall allow the Governor's Energy Office and the Office of
the Public Advocate to review the proposals submitted pursuant to this subsection. The
Governor's Energy Office and the Office of the Public Advocate may provide input to
the commission upon review of the proposals, which may include an assessment as to
whether any proposals submitted are consistent with the goals of the program as
described in this section. If a proposal includes confidential or proprietary information,
trade secrets or similar matters as provided by the Maine Rules of Civil Procedure,
Rule 26(c), the commission may issue appropriate protective orders in accordance with
section 1311-A with respect to those portions of the proposal.
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B. The commission shall evaluate the proposals received based, at a minimum, on the
following factors: cost, economic benefit to northern Maine, the qualifications of the
bidder or bidders, the long-term viability of each proposal and the anticipated
contribution of each proposal toward the achievement by the State of its renewable
energy goals under section 3210. The commission shall disqualify any proposal that,
in the commission's determination, fails to demonstrate the bidder's technical and
financial capacity to successfully construct, develop and operate the transmission line
or lines described in this subsection and to pursue, negotiate and contract for its
interconnection with the ISO-New England system.
B-1. The commission may consider proposals that include mechanisms to mitigate and
allocate risks associated with development and operation of any transmission line or
lines and renewable energy generation project under subsection 3 to be developed
under the program.
C. The commission shall give preference to proposals that:
(1) In the commission's determination, in the aggregate with proposals received
under subsection 3, demonstrate the most cost-effective and efficient transmission
access to renewable energy resources in northern Maine in a manner that best
supports the achievement of the State's renewable energy goals under section 3210
and that maximize benefits to the State;
(2) Favor Provide community engagement plans and favor use, where to the extent
practicable, of existing utility and other rights-of-way and other existing
transmission corridors in the construction of the transmission line or lines
described in this subsection; and
(3) In the commission's determination, are likely to provide a reduction in
transmission costs and costs to ratepayers for electricity over time as more energy
is transmitted using the transmission line or lines described in this subsection.;
(4) Adequately demonstrate project viability within a commercially reasonable
time frame; and
(5) Maximize federal tax credits by including agreements described in 29 United
States Code, Section 158(f) and by committing to entering into an employer and
employee harmony agreement with a labor organization seeking to represent the
transmission line or lines operations and maintenance workers. An employer and
employee harmony agreement must bind all contractors and subcontractors, other
than employees who work on a temporary basis for the employer, to the terms of
the agreement. The agreement must be designed to ensure that all work on the
transmission line or lines, including but not limited to work performed in the
manufacturing, fabrication or maintenance of the transmission line or lines or
operations associated with the transmission line or lines, is uninterrupted, prompt
and safe.
D. The commission may consider and, in accordance with the applicable provisions of
this subsection and subsection 3, select a proposal or proposals that include both the
development and construction of the transmission line or lines described in this
subsection and the development and construction of one or more qualified renewable
energy generation projects described in subsection 3.
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 D-1. The bidder that submits a proposal selected by the commission in accordance
with this subsection must, upon the issuance by the commission of a certificate of
public convenience and necessity in accordance with section 3132, be considered a
transmission and distribution utility, except that the commission may limit the rights
of the utility to the extent necessary to protect ratepayers from financial risks and such
limitations must be specified in a contract executed pursuant to paragraph E.
E. No later than November 1, 2022, the The commission shall approve a contract or
contracts between one or more transmission and distribution utilities and the bidder of
any proposal selected by the commission in accordance with this subsection, except
that, if at the close of the competitive bidding process the commission determines that
no proposal meets the requirements of this subsection or that approval of a contract or
contracts that otherwise meet the requirements of this subsection is not in the public
interest, the commission may reject all proposals and may open a new competitive
bidding process under this subsection.
Sec. 8. 35-A MRSA §3210-I, sub-§3, as enacted by PL 2021, c. 380, §1 and
reallocated by RR 2021, c. 1, Pt. A, §38, is amended to read:
3. Request for proposals; renewable energy generation projects. The commission
shall issue a request for proposals for the development and construction of qualified
renewable energy generation projects in northern Maine designed to connect to and
transmit generated power using the transmission line or lines to be constructed pursuant to
subsection 2. The commission shall make every effort to ensure that the competitive
bidding process directed by this subsection results in the approval of contracts pursuant to
paragraph E no later than November 1, 2022. As part of the request for proposals under
this subsection, the commission shall make available to potential bidders any relevant
information submitted to the commission by the bidder or bidders whose proposal or
proposals were approved for contracting under subsection 2. Except as provided in
paragraph B, subparagraph (2), renewable energy generation projects on which
construction commenced prior to September 30, 2022 July 31, 2024 are not qualified for
the purposes of this subsection.
A. The proposals must be required to cover a contract term of 20 years, except that the
commission may, in its discretion, approve a contract term of a different duration, and
must include provisions for the construction, development and subsequent commercial
operation of one or more qualified renewable energy generation projects in northern
Maine that will be designed to connect to and transmit generated power using the
transmission line or lines to be constructed pursuant to subsection 2. The commission
may consider only proposals for the construction of Class I and Class IA resources, as
defined in section 3210, subsection 2, and energy storage systems, except that the
commission may not consider proposals for the construction of biomass generators
fueled by landfill gas or by anaerobic digestion of agricultural products, by-products
or waste, or waste-to-energy generation facilities fueled by municipal solid waste. For
the purposes of this section, "energy storage system" means a commercially available
technology that uses mechanical, chemical or thermal processes for absorbing energy
and storing it for a period of time for use at a later time.
A-1. The commission may coordinate with other states, governmental entities or
utilities within New England in the development of a request for proposals pursuant to
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this subsection and in the evaluation of proposals received in response to a request for
proposals. The commission shall allow the Governor's Energy Office and the Office of
the Public Advocate to review the proposals submitted pursuant to this subsection. The
Governor's Energy Office and the Office of the Public Advocate may provide input to
the commission upon review of the proposals, which may include an assessment as to
whether any proposals submitted are consistent with the goals of the program as
described in this section. If a proposal includes confidential or proprietary information,
trade secrets or similar matters as provided by the Maine Rules of Civil Procedure,
Rule 26(c), the commission may issue appropriate protective orders in accordance with
section 1311-A with respect to those portions of the proposal.
B. The commission may, in its discretion, consider and select in accordance with the
applicable requirements of this subsection:
(1) One or more contracts for capacity, renewable energy or renewable energy
credits, or any combination thereof, from a qualified renewable energy generation
project described in this subsection; or
(2) One or more contracts for renewable energy generation projects on which
construction commenced prior to September 30, 2022 July 31, 2024, if the
commission determines that:
(a) Such a project or projects otherwise meets the requirements of this
subsection;
(b) Additional line capacity remains available on the transmission line or lines
to be constructed pursuant to subsection 2; and
(c) There are no commercially viable proposals remaining for consideration
for qualified renewable energy generation projects on which construction
commenced or will commence on or after September 30, 2022 July 31, 2024.
C. The commission shall evaluate the proposals received based, at a minimum, on the
following factors: cost, economic benefit to northern Maine, the qualifications of the
bidder or bidders and, as determined by the commission, the short-term, medium-term
and long-term viability of the proposals.
C-1. The commission may consider proposals that include mechanisms to mitigate and
allocate risks associated with development and operations of any transmission line or
lines under subsection 2 and renewable energy generation project to be developed
under the program.
D. The commission shall give greatest preference to proposals that, in the
commission's determination, in the aggregate with proposals received under subsection
2, demonstrate the most cost-effective and efficient development of renewable energy
resources in northern Maine in a manner that best supports the achievement of the
State's renewable energy goals under section 3210 and maximize benefits to the State.:
(1) In the commission's determination, in the aggregate with proposals received
under subsection 2, demonstrate the most cost-effective and efficient development
of renewable energy resources in northern Maine in a manner that best supports
the achievement of the State's renewable energy goals under section 3210 and
maximize benefits to the State; and
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 (2) Maximize federal tax credits by including agreements described in 29 United
States Code, Section 158(f) and by committing to entering into an employer and
employee harmony agreement with a labor organization seeking to represent the
project's operations and maintenance workers. An employer and employee
harmony agreement must bind all contractors and subcontractors, other than
employees who work on a temporary basis for the employer, to the terms of the
agreement. The agreement must be designed to ensure that all work on the
renewable energy generation project, including but not limited to work performed
in the manufacturing, fabrication or maintenance of the project or operations
associated with the project, is uninterrupted, prompt and safe.
E. The commission shall approve a contract or contracts between one or more investor-
owned transmission and distribution utilities and the bidder of any proposal selected
by the commission in accordance with this subsection. If at the close of the competitive
bidding process the commission determines that no proposal meets the requirements of
this subsection, that additional line capacity remains available or that approval of a
contract or contracts that otherwise meet the requirements of this subsection is not in
the public interest, the commission may reject all proposals and may open a new
competitive bidding process under this subsection.
F. In selecting contracts pursuant to this subsection, the commission shall make every
effort to ensure that at least one such contract supports the construction and
development in northern Maine of a biomass generator fueled