‘Not good public policy': Bill would roll back some provisions of 2021 transmission line referendum
Rep. Chris Kessler voted for the 2021 referendum question that created the requirement for the Maine Legislature to approve any new high-impact transmission lines.
'This referendum was intended to give the public a greater voice in the development of major transmission lines,' Kessler said of the ballot question that drew passionate grassroots support and overcame over $60 million in opposition spending fueled mostly by international energy companies.
Since casting that vote, the Democrat from South Portland said he has had a change of heart and no longer believes it is good public policy, as he told the Legislature's Energy, Utilities and Technology Committee Tuesday afternoon.
That rethinking led Kessler to introduce LD 810 to streamline the approval process without repealing the entire policy born out of the people's vote. The proposal seeks to clarify that when the Legislature asks for a new line to be developed, that line should not need to come back to the Legislature for approval after the review process performed by the Public Utilities Commission.
In 2021, Maine voters approved a ballot question that increased legislative oversight on new transmission lines. The question was largely seen as a vehicle to stop the controversial 145-mile transmission line through western Maine known as the New England Clean Energy Connect.
Despite the political and legal hurdles, the Central Maine Power corridor project is expected to be completed later this year, Maine Public reported.
Rep. Sophie Warren (D-Scarborough) asked Kessler and others who supported the bill to address the fact that the proposal would scale back a policy that was supported by nearly 60% of Maine voters.
'This is not a comfortable position for me to be in,' Kessler said in his testimony, but the policy has created unintended consequences.
'It may be an unpopular position to have but I think it's not good public policy,' he added.
While Kessler argued the Legislature lacks the technical expertise to sign off on the details of a transmission line, representatives from the Office of Public Advocate, Maine State Chamber of Commerce and multiple environmental organizations agreed the duplicative process can deter developers, drive up costs for ratepayers and stand in the way of meeting climate goals. Several of the groups voiced support for removing the legislative approval requirement entirely.
Public Advocate Heather Sanborn said a second round of approval for projects requested by the Legislature is not necessary.
'Such a requirement will have the direct effect of costing ratepayers additional money by introducing additional risk and delay that must be priced into the modeled costs of the project from the beginning,' she added.
Maine needs to expand its transmission system in the coming years to meet the needs of increased electrification, while ensuring there is enough clean, affordable energy, said Caroline Colan, the legislative liaison for the Governor's Energy Office.
Colan testified neither for nor against the legislation, but she echoed what others said about it adding financial risk and driving up developer bids, which ultimately fall on Maine ratepayers.
The Maine Public Utilities Commission is responsible for conducting a thorough review process for petitions from developers to construct new transmission lines capable of 69 kilovolts or more, as required by state law. The petition needs to include information about why the line is needed, why it should be built along that particular route and how it will affect public health, safety, as well as the scenery and environment, among other considerations.
The commission holds a public hearing as part of the petition process and is tasked with determining whether the new line is needed.
Because of the 2021 referendum, in addition to that process, the Legislature must give its approval of the project. However, Kessler pointed out what he sees as a flaw in the referendum language, which does not specify when in the process legislative approval should occur.
Opposing the change, Tanya Blanchard, founder of Preserve Rural Maine, argued that if the Legislature is knowledgeable enough to propose a transmission line, it should be able to approve one. Blanchard founded the group in the summer of 2023 in response to a proposed transmission line through more than 40 rural communities.
She fears that bypassing the legislative review could not only weaken public trust, but also lead to projects being approved without fully considering the effects on local people, wildlife and natural beauty.
The intention is not to stop transmission lines, but 'get them right the first time,' Blanchard said. Legislature approval can provide that assurance, she added.
Kessler's bill was one of four that the committee heard Tuesday related to transmission lines in the state.
LD 596 sponsored by Sen. Mark Lawrence (D-York) would provide a vehicle for the Legislature to consider the construction and operation of a transmission line to connect renewable energy resources in northern Maine with the regional electric grid.
While it does not give preemptive approval, the bill serves as a placeholder in case the Public Utilities Commission moves forward with soliciting new bids for the renewable energy project and transmission line in northern Maine. The Legislature passed a law in 2021 calling for this project, but would still need to sign off.
The commission selected bids for a wind farm and transmission line in early 2023, but those contracts were later terminated due to delays and other changes that increased the costs of the projects.
Sen. Scott Cyrway (R-Kennebec) introduced LD 197 to direct the Governor's Energy Office to study the state's future electric transmission infrastructure needs with a report on the findings to be submitted by September 2026.
Colan testified neither for nor against the bill, but said the office is already working on a 'thoughtful, comprehensive, forward-looking strategy to address the full range of long-term transmission-level needs expected in Maine.'
The bill from Sen. Joseph Martin (R-Oxford), LD 469, would require that 50% of electricity carried on any new lines originating in Canada would need to be consumed in Maine. It would also require a variety of reports and efforts to reduce costs amid increased electricity consumption.
While the committee raised a number of technical questions about the bill, Martin said the intention is to control the supply and demand to benefit Maine ratepayers.
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