35-A M.R.S. § 3453-A — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3453-A
35-A §3453-A. Removal from the expedited permitting area
Status: in_force

The Maine Land Use Planning Commission may, by rule adopted in accordance with Title 5, chapter 375 , remove a specified place in the unorganized and deorganized areas from the expedited permitting area as described in this section. [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).]

1. Removal by petition. The Maine Land Use Planning Commission shall, by rule, remove a specified place in the unorganized and deorganized areas from the expedited permitting area if: A. The specified place is a township, plantation, municipality or portion thereof that has been identified pursuant to section 3451, subsection 3, paragraph B ; [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).] B. The Maine Land Use Planning Commission receives a petition on or before June 30, 2016 requesting the removal of the specified place from the expedited permitting area that: (1) Clearly states that the persons signing the petition are requesting the removal of the specified place from the expedited permitting area; (2) Is signed by at least 10% of the number of registered voters residing in the township, plantation, municipality or portion thereof that voted in the most recent gubernatorial election; and (3) Is on a form consistent with Title 5, section 8055 , a form provided by the Maine Land Use Planning Commission or a form otherwise determined to be sufficient for the purposes of this subsection by the Maine Land Use Planning Commission; and [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).] C. A person does not request substantive review of the petition for removal pursuant to subsection 3 within 45 days of the Maine Land Use Planning Commission posting notice of receipt of the petition on its publicly accessible website. [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).] The removal of a specified place from the expedited permitting area under this subsection may not prejudice any subsequent petition presented to the Maine Land Use Planning Commission to add the specified place back into the expedited permitting area under section 3453 . [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).]

2. Notice of receipt of petition. Within 5 business days of receipt of a petition for removal under subsection 1 , the Maine Land Use Planning Commission shall post notice of receipt of the petition, along with a copy of the petition, on its publicly accessible website. The notice must specify that a person may request substantive review of the petition pursuant to subsection 3 . A petition for removal of a specified place from the expedited permitting area is considered pending upon notice of receipt of a petition being posted on the commission's publicly accessible website. The Maine Land Use Planning Commission shall maintain a distribution list of persons who have requested to receive notice of commission receipt of petitions for removal and promptly notify persons on the list when a petition is received. Notwithstanding any other law to the contrary, additional notice of receipt of a petition for removal and additional notice associated with rulemaking to remove a specified place pursuant to subsection 1 is not required. [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).]

3. Removal by petition with review. A person may, in writing, request substantive review of a petition for removal under subsection 1 by the Maine Land Use Planning Commission. Upon receipt of a timely filed request for substantive review, if the commission finds the requirements of subsection 1, paragraphs A and B are satisfied, the commission shall, by rule, remove a specified place in the unorganized and deorganized areas from the expedited permitting area if it finds the proposed removal: A. Will not have an unreasonable adverse effect on the State’s ability to meet the state goal for wind energy development in proximate federal waters in section 3404, subsection 2 ; and [PL 2023, c. 481, §10 (AMD).] B. Is consistent with the principal values and the goals in the comprehensive land use plan adopted by the Maine Land Use Planning Commission pursuant to Title 12, section 685‑C . [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).] [PL 2023, c. 481, §10 (AMD).]

4. Notice of petition review and opportunity for public hearing. Upon receipt of a request for substantive review of a petition for removal pursuant to subsection 3 , the Maine Land Use Planning Commission shall, based on available tax records, notify property owners in the specified place of the petition and the request for review, provide an opportunity for public comment on the petition and conduct a public hearing if 5 or more persons request a hearing. [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).]

5. Exceptions. The following specified places may not be removed from the expedited permitting area under this section: A. Any specified place within the project boundary of an existing or proposed, legally permitted expedited wind energy development, unless the development permit is revoked or withdrawn; [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).] B. Any specified place within the project boundary of a proposed expedited wind energy development, as described in the development permit application, that has been accepted for processing by the Department of Environmental Protection, unless the development permit application is denied; and [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).] C. Any specified place added by rule to the expedited permitting area in accordance with section 3453 prior to January 1, 2016. [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).] As used in this subsection, "project boundary" means the geographic limits of an existing or proposed expedited wind energy development, as defined by the deeded geographic boundaries of the parcel or parcels of land on which the development or portions thereof are located or proposed to be located. [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).]

6. Fee. If a person requests substantive review of a petition for removal under subsection 3 , notwithstanding Title 12, section 685‑F, subsection 1 or any other provision of law to the contrary, the director of the Maine Land Use Planning Commission may assess a processing fee associated with the rulemaking, consistent with the fee that may be collected under Title 12, section 685‑F, subsection 2 , to cover actual costs, including costs associated with any notice or public hearing and the processing of the rule-making petition for removal. The director also may assess a similar fee to cover actual costs associated with petitions to add a specified place to the expedited permitting area under section 3453 . [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).]

7. Rulemaking. The Maine Land Use Planning Commission may adopt rules implementing this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . Rules adopted pursuant to subsection 3 need not meet the requirements of Title 5, section 8053‑A or 8060 but must meet all other applicable requirements in Title 5, chapter 375 . [PL 2015, c. 265, §8 (NEW); PL 2015, c. 265, §10 (AFF).]
35-A M.R.S. § 3771 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3771
35-A §3771. Organization of generation and transmission cooperatives
Status: in_force

One or more cooperatives formed under this Title may organize and control a cooperative having as its principal purpose the generation, manufacture, purchase, acquisition, accumulation, transmission, sale, supply and disposal of electric energy. Such a cooperative shall have all of the powers of cooperatives formed under this Title. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4358 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4358
35-A §4358. Cost of review
Status: in_force

The licensee shall submit to the commission, with the initial filing or upon a subsequent formal review of a decommissioning financing plan under this subchapter, a filing fee as determined by the commission, but not to exceed $115,000, in order to assist in covering the cost of review by the commission. Within one year after establishment of a decommissioning fund under this subchapter, the licensee may recover the licensing fee from the fund. Money received from the filing fee must be segregated, apportioned and expended by the commission for the purposes stated in this section, with a report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Any unexpended funds from the filing fee must be transferred to the decommissioning trust fund after approval of the plan. [PL 2021, c. 318, §14 (AMD).]
35-A M.R.S. § 3484 — ME Code / Title 35-A / Part 3 / Chapter 34-C / Section 3484
35-A §3484. Procurement methods
Status: in_force

1. Initial competitive procurement. The following standards and methods apply to the initial competitive procurement of distributed generation resources associated with commercial or institutional customer accounts under section 3485 and of shared distributed generation resources under section 3486 : A. On or before January 1, 2020, the commission shall adopt rules for each initial competitive solicitation of the first block of distributed generation resources under sections 3485 and 3486 . The rules must include the form of contract provided under subsection 7 ; [PL 2019, c. 478, Pt. B, §1 (NEW).] B. The commission shall accept bids for 30 calendar days beginning on or before July 1, 2020 and review the bids based on the requirements under subsections 4 , 5 and 6 . The commission may select qualified bids in excess of the first block if the commission determines that the incremental procurement is in the public interest. If the commission selects qualified bids in excess of the first block, the commission shall reduce the quantity procured in subsequent block procurements. If the commission selects bids totaling less than the first block in the initial competitive procurement, the quantity procured in subsequent block procurements must increase by the difference between the first block and the number of megawatts submitted in the initial competitive procurement. If pursuant to subsections 4 and 5 no bids are accepted, the commission shall: (1) Conduct a new initial competitive procurement under this subsection within 9 months; and (2) Study the reasons for the inability of the procurement to secure the target amount and submit a report of its findings and any recommended legislation to the joint standing committee of the Legislature having jurisdiction over energy matters; [PL 2019, c. 478, Pt. B, §1 (NEW).] C. The commission shall issue a public notice of the initial competitive procurement results no later than 30 calendar days after the bid acceptance period has ended. The public notice must include the name, sponsor, size and location of each selected project and the awarded contract price; and [PL 2019, c. 478, Pt. B, §1 (NEW).] D. The applicable standard buyer shall enter into a contract with the selected project or projects for a term of 20 years at a specified contract rate equal to the clearing price to be paid as a bill credit to the commercial or institutional customer or the subscribers of a shared distributed generation resource, as applicable. [PL 2019, c. 478, Pt. B, §1 (NEW).] [PL 2019, c. 478, Pt. B, §1 (NEW).]

2. Subsequent block contract rate procurements. Subsequent to the initial competitive procurement under subsection 1 , the remaining procurement under sections 3485 and 3486 must proceed pursuant to the following: A. The commission shall procure 4 additional blocks of contracted distributed generation resources to meet the overall procurement goal specified in section 3485 for commercial or institutional distributed generation resources and in section 3486 for shared distributed generation resources. Each procurement block size equals 1/4 of the difference between the overall procurement goal and the quantity procured under subsection 1 . These blocks are numbered sequentially, starting with 2. Subsequent procurements are assigned to a particular block, starting with procurement block 2 and finishing with procurement block 5; [PL 2019, c. 478, Pt. B, §1 (NEW).] B. The block contract rate for procurement block 2 must equal 97% of the clearing price determined in subsection 1 . Each successive procurement block must have a block contract rate equal to 97% of the preceding block; [PL 2019, c. 478, Pt. B, §1 (NEW).] C. Block 2 must be opened immediately following the initial competitive procurement for bids qualifying under subsection 4 ; [PL 2019, c. 478, Pt. B, §1 (NEW).] D. The applicable standard buyer shall enter into a contract with each qualified project for a term of 20 years at a specified contract rate equal to the block contract rate of the procurement block then open and paid as a bill credit to the commercial or institutional customer or the subscribers of a shared distributed generation resource, as applicable; [PL 2019, c. 478, Pt. B, §1 (NEW).] E. Each contract awarded pursuant to this subsection reduces the available capacity in the current procurement block. If an awarded contract exceeds the remaining capacity of its procurement block, then that block is closed and the next block opened and the contract rate is set at the block contract rate for the block filled by this award and any overprocurement in one block is subtracted from the quantity available in the next block. If a contract award exceeds the capacity of procurement block 5, the entire quantity of the offer is awarded at the block contract rate for procurement block 5 and no further contracts may be awarded except under subsection 7 ; and [PL 2019, c. 478, Pt. B, §1 (NEW).] F. The commission may by rule establish incentives in the procurement of distributed generation resources including, but not limited to, incentives to support resources that pair with energy storage systems, development of dual‑use projects, siting of resources that provide locational benefits to the distribution system and other siting criteria developed in consultation with the Department of Environmental Protection and the Department of Agriculture, Conservation and Forestry. [PL 2019, c. 478, Pt. B, §1 (NEW).] [PL 2019, c. 478, Pt. B, §1 (NEW).]

3. Failure to complete timely procurement. If any procurement block remains unfilled for more than 12 months from the time the previous block was filled: A. The commission shall suspend procurements under subsection 2 pending completion of the process described in this subsection; [PL 2019, c. 478, Pt. B, §1 (NEW).] B. The commission shall review and may amend the rules adopted under subsection 1, paragraph A or the standard contract under subsection 7 for a new competitive procurement of long‑term contracts for the output of at least the first block of distributed generation resources as part of the procurement goal in section 3485, subsection 1 or section 3486, subsection 1 . The commission shall publish any amendments and a new bid acceptance period for not less than 6 months and not more than 9 months; [PL 2019, c. 478, Pt. B, §1 (NEW).] C. The commission shall accept bids for 30 calendar days from the date established in paragraph B and review the bids based on the requirements set forth in subsections 4 , 5 and 6 and the adopted rules. The commission may select qualified bids in excess of the first block if the commission determines that the incremental procurement is in the public interest and the incremental procurement reduces the quantity procured in subsequent procurements; [PL 2019, c. 478, Pt. B, §1 (NEW).] D. The commission shall issue a public notice of the procurement results no later than 30 calendar days after the bid acceptance period under paragraph C has ended. The public notice must include the name, sponsor, size and location of each selected project and the awarded contract price; [PL 2019, c. 478, Pt. B, §1 (NEW).] E. The applicable standard buyer shall enter into a contract with the project or projects selected under paragraph C for a term of 20 years at a specified contract rate equal to the highest selected offer rate as adjusted under subsection 6 to be paid as a bill credit to the commercial or institutional customer or the subscribers of a shared distributed generation resource, as applicable; [PL 2019, c. 478, Pt. B, §1 (NEW).] F. The commission shall reopen procurements under subsection 2 unless no contracts are awarded under paragraph E . The quantity procured under paragraph C must be subtracted from the current procurement block and the block contract rate for that procurement block must be set at the clearing price set under paragraph E . The block contract rate for each subsequent procurement block must be set at 97% of the newly established rate for the preceding procurement block; and [PL 2019, c. 478, Pt. B, §1 (NEW).] G. If no contracts are awarded under paragraph E , the commission shall: (1) Conduct another competitive solicitation under this subsection with the bid acceptance period to open approximately 12 months after the bid acceptance period determined in paragraph B ; and (2) Examine the reasons for the inability of the procurement to secure the target amount and submit a report of its findings and any recommended legislation to the joint standing committee of the Legislature having jurisdiction over energy matters. [RR 2019, c. 1, Pt. A, §52 (AMD).] [PL 2019, c. 478, Pt. B, §1 (NEW); RR 2019, c. 1, Pt. A, §52 (COR).]

4. Bid or offer qualification. The commission shall establish minimum requirements for bids or offers in a solicitation under this section, including: A. Demonstration of site control; [PL 2019, c. 478, Pt. B, §1 (NEW).] B. A fully executed interconnection service agreement with an investor‑owned transmission and distribution utility; [PL 2019, c. 478, Pt. B, §1 (NEW).] C. Demonstration that all required federal, state and local approvals and nonministerial permits for the project have been obtained. For the purposes of this paragraph, "nonministerial permit" means a permit for which one or more officials consider various factors and exercise discretion in deciding whether to issue or deny the permit; [PL 2019, c. 478, Pt. B, §1 (NEW).] D. The capacity to make a financial assurance deposit at the time a contract is signed; and [PL 2019, c. 478, Pt. B, §1 (NEW).] E. The following requirements based on the procurement type: (1) For a commercial or institutional distributed generation resources procurement, if a participating commercial or institutional customer is not the party making the bid, an agreement from a customer that would receive bill credits under section 3485, subsection 2 ; and (2) For a shared distributed generation resources procurement, demonstration of experiencing fulfilling the obligation to subscribers of shared distributed generation resources. [PL 2019, c. 478, Pt. B, §1 (NEW).] The commission may by rule require a bidder to pay a reasonable bidding fee to defray administrative costs. [PL 2019, c. 478, Pt. B, §1 (NEW).]

5. Ensuring competition. Prior to each solicitation under subsections 1 to 3 , the commission shall establish standards to ensure that the solicitation has a sufficient number of unique bidders and quantity of qualified bids to be determined competitive. If the commission concludes that a solicitation is not competitive, the commission may reduce the target procurement quantities to produce the greatest quantity that may be procured consistent with this subsection and shall defer to subsequent solicitations the capacity reduced in the solicitation. [PL 2019, c. 478, Pt. B, §1 (NEW).]

6. Bid selection. Following a review of bids received in the solicitations under subsections 1 to 3 , and after any adjustment to the target quantity under subsection 5, the commission shall select one or more winning bids that, in the aggregate, meet the target procurement quantity. If there are multiple qualified bids at the same offer rate, the commission shall give preference to the qualified bid or bids that minimize the cost to the standard buyers or, if there is no difference in cost, to the bid that was submitted first. In evaluating bids in a competitive solicitation, the commission shall evaluate a qualified bid for a project that is located on previously developed or impacted land at 90% of the offered rate. For the purposes of this subsection, "previously developed or impacted land" means areas covered by impervious surfaces, capped landfills or brownfield sites as defined by the Department of Environmental Protection. If a bid under this subsection is accepted, the contract rate for each accepted bid for a project located on previously developed or impacted land must be paid a rate equal to the clearing price. [PL 2019, c. 478, Pt. B, §1 (NEW).]

7. Standard contract and milestones. Prior to a solicitation, the commission shall provide, in consultation with the standard buyer or standard buyers, a standard contract that commits the standard buyer and a project sponsor to commercially reasonable behavior and includes provisions including an interconnection fee list and interconnection schedule to ensure that the project proceeds to commercial operation on a reasonable timeline. The standard contracts for all standard buyers must be substantially identical to the extent commercially reasonable. A qualified project must be commercially operable within 18 months of being awarded a contract. The commission may grant an extension for good cause. If a project fails to meet a milestone, the project sponsor is in default and the sponsor's contract must be cancelled. The capacity associated with a cancelled project must be added to the currently open procurement block. If procurement block 5 has been filled and procurements closed, the defaulted quantity must be added to procurement block 5 and new offers must be accepted under subsection 2 . [PL 2019, c. 478, Pt. B, §1 (NEW).]
35-A M.R.S. § 2702 — ME Code / Title 35-A / Part 2 / Chapter 27 / Section 2702
35-A §2702. Appointment of inspectors
Status: in_force

The officers of any municipality may annually appoint an inspector of meters, who shall: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Term. Serve for one year or until another is qualified in the inspector's stead, at a salary determined by the municipal officers; and [RR 2021, c. 1, Pt. B, §407 (COR).]

2. Duties. Have charge of the inspection of all gas, water and electric meters furnished for use in the municipality. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 7233 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7233
35-A §7233. Laws that apply only to service providers and local exchange carriers
Status: in_force

Notwithstanding any other provision of law, the provisions listed in subsection 1 do not apply to a telephone utility except service providers with respect to the provision of provider of last resort service and local exchange carriers: [PL 2011, c. 623, Pt. A, §18 (NEW).]

1. Organization, powers and service territory. The following sections of chapter 21 : A. Section 2105 relating to approval after hearing; [PL 2011, c. 623, Pt. A, §18 (NEW).] B. Section 2107 relating to approval only to Maine corporations; [PL 2011, c. 623, Pt. A, §18 (NEW).] C. Section 2108 relating to holding real estate; and [PL 2011, c. 623, Pt. A, §18 (NEW).] D. Section 2110 relating to extension of service. [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 7107 — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7107
35-A §7107. Unauthorized services
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Billing agent" means a telephone utility that includes in a bill it sends to a customer a charge for a product or service offered by a service provider. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] B. "Billing aggregator" means any person, other than a service provider, who forwards the charge for a product or service offered by a service provider to a billing agent. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] C. "Service provider" means any person, other than the billing agent, that offers a product or service to a customer, the charge for which appears on the bill of a billing agent. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] D. "Unauthorized service" means the provision of any service or product by a service provider from whom a billing agent has not obtained sufficient evidence of customer authorization and for which a charge appears on the customer's telephone bill. For the purposes of this section, a charge for a collect call is deemed to be authorized by the customer receiving the call. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).]

2. Registration requirements. The following acts are prohibited. A. A service provider may not offer a product or service to a customer, the charge for which appears on the bill of a billing agent, unless the service provider is properly registered with the commission. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] B. A billing aggregator may not forward to a billing agent charges for a service or product offered by a service provider unless the billing aggregator is properly registered with the commission. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] C. A billing aggregator may not forward charges to a billing agent from a service provider who is required to be registered under this subsection and who is not properly registered under this subsection. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] D. A billing agent may not knowingly bill on behalf of a service provider who is required to be registered under this subsection and who is not properly registered under this subsection. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] A telephone utility that is authorized by the commission or by law to provide telephone services in this State is not required to be registered under this subsection. The commission by rule may establish the manner and form of the registration. A registration properly filed with the commission takes effect 14 days after the filing date unless the commission objects to the registration and provides notice of its objection to the registrant within the 14 days. If the commission objects to the registration, the registration does not become effective unless expressly approved by the commission. The commission shall offer a person whose registration has been rejected an opportunity for a hearing. A registration, once effective, remains effective until revoked by the commission or surrendered by the service provider or billing aggregator. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).]

3. Revocation of registration; notice. [PL 2003, c. 505, §43 (RP).]

3-A. Denial or revocation of registration; notice. The commission may by order, after notice and opportunity for hearing, deny, suspend or revoke an application for registration as, or the registration of, a service provider or billing aggregator if the commission finds that the order is in the public interest and that the applicant or registrant, or a principal of the applicant or registrant: A. Has knowingly misrepresented or omitted a material fact on the application for registration as a service provider or billing aggregator or has filed an incomplete application and does not take reasonable steps to provide the missing information; [PL 2003, c. 505, §44 (NEW).] B. Has, in the case of a service provider, knowingly or repeatedly billed one or more customers for unauthorized service or, in the case of a billing aggregator, knowingly or repeatedly forwarded the charge for a service or product to a billing agent on behalf of a service provider who was required to be registered with the commission under subsection 2 and was not properly registered; [PL 2003, c. 505, §44 (NEW).] C. Has engaged in any other false or deceptive billing practices prohibited by commission rule; [PL 2003, c. 505, §44 (NEW).] D. Has acted as a service provider or billing aggregator in the State without being licensed to do so; [PL 2003, c. 505, §44 (NEW).] E. Is then permanently or temporarily enjoined by any court of competent jurisdiction from violating any law governing the conduct of billing aggregators or service providers or from engaging in, or continuing, any conduct or practice indicating a lack of fitness to engage in the business of a billing aggregator or service provider; [PL 2003, c. 505, §44 (NEW).] F. Has, within the last 10 years, pleaded guilty or nolo contendere to, or been convicted of, any crime indicating a lack of fitness to engage in the business of a billing aggregator or service provider; [PL 2003, c. 505, §44 (NEW).] G. Is the subject of any of the following orders currently effective that were issued within the last 5 years: (1) An order by a state or federal agency, entered after notice and opportunity for hearing, denying, suspending or revoking the person's license or registration as a service provider or billing aggregator, or the substantial equivalent of those terms, as defined in this section; (2) A cease and desist order issued by any state or federal agency with general authority to enforce laws prohibiting unfair or deceptive acts or practices in a trade or business or with specific authority to regulate billing aggregators or service providers; or (3) An order entered by a court of competent jurisdiction or entered after notice and an opportunity for hearing by any state or federal occupational licensing agency denying, suspending, revoking or restricting the person's occupational license as a result of allegations of misconduct. This subparagraph also applies when the denial, suspension, revocation or restriction of the license is pursuant to a consent agreement between the person and the licensing agency, whether or not the agency also issued an order; or [PL 2003, c. 505, §44 (NEW).] H. Has, within the last 5 years, entered into a consent agreement with a state or federal enforcement or regulatory agency in which the person agreed to discontinue engaging in one or more practices alleged by the agency to have been an unfair or deceptive act or practice. [PL 2003, c. 505, §44 (NEW).] [PL 2003, c. 505, §44 (NEW).]

4. Procedure upon complaint. If a customer of a billing agent notifies the billing agent that a charge for an unauthorized service has been included in the customer's telephone bill, the billing agent shall: A. Immediately suspend collection efforts on that portion of the customer's bill; and [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] B. Either cease collection efforts entirely with regard to the disputed charge or request evidence from the service provider that the customer authorized the service for which payment is sought. If the billing agent ceases collection efforts or sufficient evidence of customer authorization is not presented to the billing agent within a reasonable time, as defined by the commission by rule, the billing agent shall: (1) Immediately remove any charges associated with the unauthorized service from the customer's bill; and (2) Refund to the customer any amounts paid for the unauthorized service that were billed by the billing agent during the 6 months prior to the customer's complaint or during any longer period in which the customer can prove the customer was billed by the billing agent for unauthorized services. If sufficient evidence of customer authorization is provided to the billing agent, the billing agent may restore the charges on the customer's bill and reinstitute collection efforts. The customer or the service provider may appeal the billing agent's determination to the commission. [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).]

5. Enforcement authority. In addition to any authority the commission may have pursuant to other law, the commission may enforce this section in accordance with this subsection. A. In an adjudicatory proceeding, the commission may impose an administrative penalty upon the following entities for the following violations: (1) A service provider who provides or charges for an unauthorized service; (2) A service provider or billing aggregator who is required to be registered under subsection 2 and who is not properly registered pursuant to that subsection; (3) A billing agent who knowingly bills on behalf of a service provider who is required to be registered under subsection 2 and who is not properly registered pursuant to that subsection at the time the billing agent's bill is generated; and (4) A billing agent that fails to comply with any of the requirements of subsection 4 . [PL 1999, c. 59, §1 (NEW); PL 1999, c. 59, §3 (AFF).] B. The amount of any administrative penalty imposed under paragraph A may not exceed $1,400 per violator for violations arising out of the same incident or complaint and must be based on: (1) The severity of the violation, including the intent of the violator, the nature, circumstances, extent and gravity of any prohibited acts; (2) The history of previous violations; (3) The amount necessary to deter future violations; (4) Good faith attempts to comply after notification of a violation; and (5) Such other matters as justice requires. [PL 2021, c. 318, §21 (AMD).] [PL 2021, c. 318, §21 (AMD).]

6. Rulemaking. The commission shall adopt rules to implement this section. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . A. [PL 2011, c. 623, Pt. B, §27 (RP).] B. [PL 2011, c. 623, Pt. B, §27 (RP).] C. [PL 2011, c. 623, Pt. B, §27 (RP).] The commission may not adopt any rule that requires any 3rd-party verification of customer authorization of the provision of any service or product by a service provider that is an affiliate of the billing agent, as defined by the commission by rule. [PL 2011, c. 623, Pt. B, §27 (AMD).]
35-A M.R.S. § 4502 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4502
35-A §4502. Organization; power to construct and operate pipelines
Status: in_force

1. Organization of corporations to construct pipelines. Corporations for the purpose of constructing and operating natural gas pipelines may be organized under Title 13‑C . Following organization under former Title 13‑A or Title 13‑C , the corporation has all the other rights, privileges and immunities of a legal corporation organized under Title 13‑C , except as they are inconsistent with this chapter. [PL 2003, c. 344, Pt. D, §25 (AMD).]

2. Interstate and intrastate pipelines. A natural gas pipeline utility, organized under the laws of this State or of any other state or of the United States to construct and operate an interstate natural gas pipeline, which holds a certificate of public convenience and necessity issued under federal law, authorizing it to construct and operate natural gas pipeline and appurtenant facilities within this State, or to construct and operate an intrastate natural gas pipeline, which has obtained authorization from the commission to construct and operate such intrastate natural gas pipeline or pipelines and appurtenant facilities, may, upon compliance with this chapter, purchase, hold and convey real estate and personal property for the purposes for which it was created. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 109 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 109
35-A §109. Conflicts of interest
Status: in_force

In addition to the limitations of Title 5, section 18 , the following limitations apply to prevent conflicts of interest. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Public utilities. A member or employee of the commission may not: A. Have any official or professional connection or relation with any public utility or competitive electricity provider operating within this State; [PL 2021, c. 659, §4 (AMD).] B. Hold any stock or securities in any public utility or competitive electricity provider operating within this State; [PL 2021, c. 659, §4 (AMD).] C. Render a professional service against any such public utility or competitive electricity provider; or [PL 2021, c. 659, §4 (AMD).] D. Be a member of a firm that renders service against any such public utility or competitive electricity provider. [PL 2021, c. 659, §4 (AMD).] [PL 2021, c. 659, §4 (AMD).]

2. Appointment to civil office. No commissioner may hold any other civil office of profit or trust under the Federal Government or State Government except the office of notary public. [RR 2009, c. 2, §97 (COR).]

3. Political party. No commissioner may serve on or under a committee of a political party. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2307 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2307
35-A §2307. Public utilities and telephone providers may lay wires, pipes and cables under streets subject to municipal permit
Status: in_force

Public utilities and entities authorized under section 2301 to construct lines may, in any municipality, place their pipes and appurtenances, wires and cables and all conduits and other structures for conducting and maintaining the pipes, wires and cables under the surface of those streets and highways in which the utilities or entities are authorized to obtain locations for their pipes and appurtenances, poles and wires, subject to the written permit of the licensing authority, as defined in section 2502 and subject to such rules as to location and construction as the municipal officers or the Department of Transportation may designate in their permit. A permit must be obtained under sections 2501 to 2508 . Permits to open streets and highways for the purpose of relaying or repairing the pipes and appurtenances, wires, cables, conduits and other structures may be granted without notice. [PL 2011, c. 623, Pt. B, §8 (AMD).]
35-A M.R.S. § 3492 — ME Code / Title 35-A / Part 3 / Chapter 34-D / Section 3492
35-A §3492. Prohibition
Status: in_force

A person may not construct, cause to be constructed or operate a solar energy development with ground-mounted solar panels occupying 3 or more acres without first obtaining approval of a decommissioning plan from the environmental permitting entity under section 3495 . [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]
35-A M.R.S. § 3209-B — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3209-B
35-A §3209-B. Commercial and institutional net energy billing
Status: in_force

The commission shall establish by rule, in accordance with this section, a net energy billing program for commercial and institutional customers of investor‑owned utilities. [PL 2019, c. 478, Pt. A, §4 (NEW).]

1. Definitions. As used in this section, the following terms have the following meanings. A. "Commercial and institutional net energy billing program" or "program" means the net energy billing program established pursuant to this section. [PL 2019, c. 478, Pt. A, §4 (NEW).] B. "Commercial or institutional customer" or "customer" means a nonresidential customer of an investor-owned transmission and distribution utility in the State. [PL 2019, c. 478, Pt. A, §4 (NEW).] C. "Distributed generation resource" has the same meaning as in section 3209‑A, subsection 1, paragraph B . [RR 2019, c. 1, Pt. A, §51 (COR).] D. "Net energy billing" means the system of bill credits available under the program as described in subsection 5 . [PL 2019, c. 478, Pt. A, §4 (NEW).] [PL 2019, c. 478, Pt. A, §4 (NEW); RR 2019, c. 1, Pt. A, §51 (COR).]

2. Financial interest. The program must allow a commercial or institutional customer to participate in the program if the customer has a financial interest in a distributed generation resource, including facility ownership, a lease agreement or a power purchase agreement. [PL 2019, c. 478, Pt. A, §4 (NEW).]

3. System size. The nameplate capacity of a distributed generation resource that may be used for net energy billing under this section must be less than 5 megawatts. [PL 2019, c. 478, Pt. A, §4 (NEW).]

4. Shared financial interest; limitation. Multiple commercial or institutional customers that have distinct billing accounts with an investor‑owned transmission and distribution utility may share a financial interest in a distributed generation resource under subsection 2 . Any number of commercial or institutional customers may participate in net energy billing with a shared interest in a distributed generation resource, except that the number of customers or meters is limited to 10 for a shared interest in a distributed generation resource located in the service territory of an investor‑owned transmission and distribution utility located in an area administered by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine unless the commission determines that the utility's billing system can accommodate more than 10 accounts or meters for the purpose of net energy billing. [PL 2019, c. 478, Pt. A, §4 (NEW).]

5. Tariff rate; bill credits. The commission shall establish by rule tariff rates for customers participating in the program. A. The tariff rate for a customer participating in net energy billing with a distributed generation resource described in this paragraph, until December 31, 2025, must equal the standard-offer service rate established under section 3212 that is applicable to the customer receiving the credit plus 75% of the effective transmission and distribution rate for the rate class that includes the smallest commercial customers of the investor-owned transmission and distribution utility. The tariff rate under this paragraph applies to net energy billing with a distributed generation resource: (1) With a nameplate capacity of greater than one megawatt if: (a) The entity developing the distributed generation resource certifies by affidavit with accompanying documentation to the commission that the entity, before September 1, 2022, commenced on-site physical work of a significant nature on the distributed generation resource and the entity has made and will continue to make continuous on-site construction efforts to advance toward completion of the distributed generation resource. For the purpose of this paragraph, continuous on-site construction efforts include, but are not limited to, in the context of a solar facility, the continuous installation of racks or other structures to affix photovoltaic panels, collectors or solar cells to a site. The commission may share information contained in the affidavit submitted in accordance with this paragraph with a transmission and distribution utility, as necessary, to verify a distributed generation resource's compliance with this section. In administering this subsection, the commission may adopt rules including, but not limited to, requiring the entity that submits a sworn affidavit under this subparagraph to provide updated documentation to the commission after submission of the affidavit; or (b) The distributed generation resource is collocated with a net energy billing customer that is or net energy billing customers that are subscribed to at least 50% of the facility's output; or (2) With a nameplate capacity of one megawatt or less. After December 31, 2025, the tariff rate must be calculated in accordance with paragraph A‑2 . [PL 2025, c. 430, §4 (AMD).] A-1. The tariff rate for a customer participating in net energy billing under this section with a distributed generation resource not governed by paragraph A must: (1) In 2022, equal the standard-offer service rate established pursuant to section 3212 that was applicable to the rate class of the customer receiving the credit on December 31, 2020 plus 75% of the effective transmission and distribution rate that was in effect on December 31, 2020 for the rate class that includes the smallest commercial customers of the investor-owned transmission and distribution utility; and (2) Increase by 2.25% on January 1st of each subsequent year, beginning January 1, 2023. [PL 2021, c. 659, §19 (NEW).] A-2. Beginning January 1, 2026, the commission shall establish the tariff rate for a customer participating in net energy billing under this section with a distributed generation resource described in paragraph A in accordance with this paragraph. (1) For a distributed generation resource with a nameplate capacity of 3 megawatts or more and less than 5 megawatts, the tariff rate must: (a) Equal the tariff rate calculated under paragraph A‑1 applicable in 2026; and (b) Increase by 2.25% on January 1st of each year, beginning January 1, 2027. (2) For a distributed generation resource with a nameplate capacity of less than 3 megawatts, the tariff rate must: (a) Equal the tariff rate established by the commission pursuant to paragraph A that was applicable in 2025 to the rate class of the customer receiving the credit; and (b) Increase by 2.25% on January 1st of each year, beginning January 1, 2027. [PL 2025, c. 430, §4 (NEW).] B. A customer participating in the program must receive for electricity delivered to the electric grid from a distributed generation resource in which the customer has a financial interest a bill credit based on the tariff rate to apply against the costs of electricity delivered to the customer by the investor‑owned transmission and distribution utility. [PL 2019, c. 478, Pt. A, §4 (NEW).] C. A bill credit under the program as described in paragraph B may be applied to any portion of a customer's electricity bill. Credits that remain unused at the end of any billing period may be carried forward for up to one year from the end of that billing period. [PL 2019, c. 478, Pt. A, §4 (NEW).] D. A customer participating in the program who remains eligible to participate in the program must be allowed to receive a bill credit based on the tariff rate for a period of no less than 20 years from the date of first receiving the credit. [PL 2019, c. 478, Pt. A, §4 (NEW).] The commission shall publish the tariff rates established in accordance with this subsection on its publicly accessible website. [PL 2025, c. 430, §4 (AMD).]

6. Rules. The commission shall adopt rules to implement this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 478, Pt. A, §4 (NEW).]

7. Applicability. The applicability of this section is limited by the requirements of section 3209‑A, subsections 7 , 9 and 10 . [PL 2025, c. 430, §5 (AMD).]

8. Limitation. After December 31, 2023, a distributed generation resource may be used for net energy billing under this section only if the distributed generation resource is collocated with all of the distributed generation resource's net energy billing customers and those customers are subscribed to 100% of the facility's output under this section. This limitation does not apply to a distributed generation resource with a net energy billing agreement that was executed on or before December 31, 2023. An amendment, revision or reissuance of an agreement under this subsection that occurs after December 31, 2023 may not be interpreted to affect the date on which the agreement was initially executed. [PL 2023, c. 411, §4 (NEW).]

9. Distributed energy resource program. Notwithstanding any provision of this section to the contrary, after December 31, 2025, the commission may not allow a transmission and distribution utility to enter into a net energy billing agreement with a distributed generation resource that is interconnected or planned to be interconnected to the distribution grid on the utility side of a customer's utility meter. [PL 2025, c. 430, §6 (NEW).]
35-A M.R.S. § 3603 — ME Code / Title 35-A / Part 3 / Chapter 36 / Section 3603
35-A §3603. Community-based renewable energy pilot program
Status: reserved

1. Program established. The community-based renewable energy pilot program, referred to in this section as "the program," is established to encourage the sustainable development of community-based renewable energy in the State. The program is administered by the commission. [PL 2009, c. 329, Pt. A, §4 (NEW).]

2. Program scope; limits on generating capacity. The commission shall limit participation in the program in accordance with this subsection. A. The net generating capacity of a program participant may not exceed 10 megawatts. [PL 2015, c. 232, §2 (AMD).] B. The total net generating capacity of all program participants combined may not exceed 50 megawatts. [PL 2015, c. 232, §2 (AMD).] C. [PL 2013, c. 454, §3 (RP).] D. Of the 50-megawatt limit on total net generating capacity under paragraph B , 2 megawatts must be reserved at the outset of the program for program participants that: (1) Have a net generating capacity of less than 100 kilowatts; or (2) Are located in the service territory of a consumer-owned transmission and distribution utility. The commission may modify the amount of net generating capacity reserved under this paragraph based on program experience. [PL 2015, c. 232, §2 (AMD).] E. The total net generating capacity of program participants that receive the renewable energy credit multiplier incentive under section 3605 may not exceed 10 megawatts. [PL 2015, c. 232, §2 (AMD).] [PL 2015, c. 232, §2 (AMD).]

3. Program eligibility criteria. To be eligible to participate in the program, a community-based renewable energy project must: A. Provide documentation of a resolution of support passed by the municipal legislative body or by the municipal officers, if the municipal legislative body has delegated this authority to the municipal officers, of the municipality in which the community-based renewable energy project is proposed to be located, except that any project that is proposed to be located wholly in an unorganized or deorganized area of the State or that has a generating capacity of less than 100 kilowatts is exempt from the requirement set forth in this paragraph; [PL 2009, c. 565, §5 (AMD).] B. In the case of a community-based renewable energy project proposed to be located on the tribal land or territory of a federally recognized Indian tribe in this State, including any land owned by the tribe or held in trust by the United States for the tribe, provide documentation that the tribe supports the community-based renewable energy project; [PL 2009, c. 329, Pt. A, §4 (NEW).] C. Be connected to the electric grid of this State [PL 2009, c. 329, Pt. A, §4 (NEW).] D. Have an in-service date after September 1, 2009; and [PL 2009, c. 329, Pt. A, §4 (NEW).] E. Satisfy the limits on generating capacity established in subsection 2 . [PL 2009, c. 329, Pt. A, §4 (NEW).] The commission shall prescribe an application form or procedure that must be used to apply to the program under this chapter. The application form or procedure must include any information that the commission determines necessary for the purpose of administering the program. The commission shall, within 30 days of receipt of a completed application, determine whether a community-based renewable energy project qualifies to participate in the program and respond in writing. [PL 2009, c. 565, §5 (AMD).]

4. Program incentives. Subject to the requirements of subsection 2 , a program participant may elect one of the following program incentives: A. A long-term contract for community-based renewable energy pursuant to section 3604 ; or [PL 2009, c. 329, Pt. A, §4 (NEW).] B. The renewable energy credit multiplier pursuant to section 3605 . [PL 2009, c. 329, Pt. A, §4 (NEW).] [PL 2009, c. 329, Pt. A, §4 (NEW).]
35-A M.R.S. § 1316 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1316
35-A §1316. Testimony presented by employees of public utilities, competitive electricity providers, affiliated interests or utility contractors to legislative committees, the Public Utilities Commission and the Public Advocate
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Employee" means a person who currently performs or formerly performed a service for wages or other remuneration under a contract of hire, expressed or implied, for a public utility, competitive electricity provider, affiliated interest or utility contractor. [PL 2023, c. 405, Pt. A, §124 (RPR).] A-1. "Affiliated interest" has the same meaning as in section 707, subsection 1, paragraph A . [PL 2023, c. 405, Pt. A, §124 (RPR).] B. "Employer" means a public utility, competitive electricity provider, affiliated interest or utility contractor licensed to do business in this State with one or more employees. [PL 2023, c. 405, Pt. A, §124 (RPR).] C. "Legislative committee" means a joint standing committee or a joint select committee of the Legislature, a task force, commission or council or any other committee established by the Legislature and composed wholly or partly of Legislators for the purpose of conducting legislative business. [PL 2023, c. 405, Pt. A, §124 (RPR).] D. "Own time" means an employee's vacation or personal time, earned as a condition of employment. [PL 2023, c. 405, Pt. A, §124 (RPR).] E. "Utility contractor" means a person that provides goods or services to a public utility or competitive electricity provider. [PL 2023, c. 405, Pt. A, §124 (RPR).] [PL 2023, c. 405, Pt. A, §124 (RPR).]

2. Right of employees to provide testimony. Employees have the right to represent themselves and to testify before or provide information to a legislative committee, the commission or the Public Advocate on their own time. An employee who complies with this section may not be denied the right to testify before or provide information to a legislative committee, the commission or the Public Advocate. [PL 2023, c. 405, Pt. A, §124 (RPR).]

2-A. Right of utility contractors to provide testimony. A utility contractor has the right to testify before or provide information to a legislative committee, the commission or the Public Advocate. [PL 2023, c. 405, Pt. A, §124 (RPR).]

3. Discharge of, threats to or discrimination against employees for testimony presented to legislative committees, the commission or the Public Advocate. A supervisor may not discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee, in compliance with this section, in good faith testifies before or provides information to a legislative committee, the commission or the Public Advocate regarding the operation of the business of a public utility or competitive electricity provider or because the employee brings the subject matter of the testimony or information to the attention of a person having supervisory authority. This subsection does not apply to an employee who has testified before or provided information to a legislative committee, the commission or the Public Advocate unless the employee has first brought the subject matter of the testimony or information in writing to the attention of a person having supervisory authority with the employer and has allowed the employer a reasonable time to address the subject matter of the testimony or information. If appropriate, the employer shall respond in writing. [PL 2023, c. 405, Pt. A, §124 (RPR).]

4. Exceptions. The protections created in subsections 3 and 9 do not apply to testimony or information that, upon reasonable inquiry by the employee or utility contractor, would be found to be false. [PL 2023, c. 405, Pt. A, §124 (RPR).]

5. Civil actions for injunctive relief or other remedies by employees. An employee who alleges a violation of rights under this section and who has made reasonable efforts to exhaust all grievance procedures, as provided for in the contract of employment or that otherwise may be available at the employee's place of employment, may bring a civil action, including an action for injunctive relief, within 90 days after the occurrence of that alleged violation or after the grievance procedure or similar process terminates. The action may be brought in the Superior Court for the county where the alleged violation occurred, the county where the complainant resides or the county where the person against whom the civil complaint is filed resides. An employee must establish each element of the employee's case by a preponderance of the evidence. [PL 2023, c. 405, Pt. A, §124 (RPR).]

5-A. Civil actions for injunctive relief or other remedies by utility contractors. A utility contractor that alleges a violation of rights under this section may bring a civil action, including an action for injunctive relief, within 90 days after the occurrence of that alleged violation. The action may be brought in the Superior Court for the county where the alleged violation occurred, the county where the complainant resides or the county where the person against whom the civil complaint is filed resides. A utility contractor must establish each element of the utility contractor's case by a preponderance of the evidence. [PL 2023, c. 405, Pt. A, §124 (RPR).]

6. Remedies ordered by court. A court, in rendering a judgment in an action brought pursuant to this section, may order reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights or any combination of these remedies. If an employee or utility contractor is the prevailing party, a court shall award the employee or utility contractor all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees. [PL 2023, c. 405, Pt. A, §124 (RPR).]

7. Agreements. This section does not diminish or impair the rights of a person under any collective bargaining agreement. A public utility, competitive electricity provider or affiliated interest may not enter into an agreement preventing employees from exercising their rights to testify before or provide information to a legislative committee, the commission or the Public Advocate pursuant to this section. [PL 2023, c. 405, Pt. A, §124 (RPR).]

8. Jury trial; common-law rights. Any action brought under this section may be heard by a jury. Nothing in this section derogates any common-law rights of an employee or employer. [PL 2023, c. 405, Pt. A, §124 (RPR).]

9. Contracts with utility contractors. If a utility contractor, in compliance with this section and in good faith, testifies before or provides information to a legislative committee, the commission or the Public Advocate, a public utility or competitive electricity provider may not respond to such action by the utility contractor by: A. Terminating or threatening to terminate a contract with the utility contractor; or [PL 2023, c. 405, Pt. A, §124 (RPR).] B. Harming or threatening to harm the utility contractor financially. [PL 2023, c. 405, Pt. A, §124 (RPR).] [PL 2023, c. 405, Pt. A, §124 (RPR).]

10. Notice of rights required. A public utility and a competitive electricity provider shall notify the public utility's and the competitive electricity provider's employees, affiliated interests and utility contractors of their rights under this section. A public utility and a competitive electricity provider shall send an annual notice of the rights under this section, which must be written in plain English, be in at least 12-point type and be sent separately from any other communication, to: A. Persons at the time of the notice performing a service for wages or other remuneration under a contract of hire, expressed or implied, for the public utility or competitive electricity provider; and [PL 2025, c. 407, §1 (NEW).] B. The public utility's and the competitive electricity provider's affiliated interests and utility contractors. [PL 2025, c. 407, §1 (NEW).] [PL 2025, c. 407, §1 (AMD).]

11. Penalties. The commission may impose penalties for violations of this section. This subsection does not apply in the case of an employee of a utility contractor alleging a violation under subsection 3 . [PL 2023, c. 405, Pt. A, §124 (RPR).]

12. Rulemaking. The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 405, Pt. A, §124 (RPR).]
35-A M.R.S. § 1312 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1312
35-A §1312. Witnesses and fees
Status: in_force

1. Witnesses. Each witness who is ordered to appear before the commission receives for that witness's attendance the fees and mileage provided for witnesses in civil cases in the Superior Court. This provision does not apply to the employees, officers, directors, trustees and holders of more than 10% of the common stock of a public utility that is the subject of the commission's proceeding. [RR 2021, c. 1, Pt. B, §398 (COR).]

2. Fees. The State shall audit and pay the fees in the same manner as other state expenses are audited and paid upon the presentation of proper vouchers approved by the commission. [PL 1987, c. 490, Pt. C, §5 (AMD).]
35-A M.R.S. § 4152 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4152
35-A §4152. Presumption of validity
Status: in_force

After issuance, all bonds or notes of the agency shall be conclusively presumed to be fully authorized and issued under the laws of the State and any person or governmental unit shall be stopped from questioning their authorization, sale, issuance, execution or delivery by the agency. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4355 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4355
35-A §4355. Decommissioning trust fund
Status: in_force

1. Trustee. The decommissioning fund committee shall select a trustee or trustees to execute the policies set by the decommissioning fund committee and manage the money within a decommissioning trust fund in order to ensure that it will be available when needed and, insofar as possible, consistent with protection of the principal, so that it may grow to keep pace with inflation or faster. Preference may be given to financial institutions incorporated in the State if consistent with their fiduciary responsibility, but only if they meet the criteria for trustees established by the decommissioning fund committee. That committee may, by a majority vote of its entire membership, change trustees at any time. Any trustee is subject to the same duties and may exercise the same powers as trustees under Title 18‑C, Article 7 , and the provisions of the decommissioning trust to the extent that they are not inconsistent with this subchapter. The trustee may appoint subsidiary financial managers, subject to approval by the decommissioning fund committee. Any fees charged by the trustee are subject to review by the commission. [PL 2017, c. 402, Pt. C, §100 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Tax exemptions. The following tax exemptions apply to the decommissioning trust fund. A. Payments to a decommissioning trust fund shall be considered a necessary operating expense of the licensee and shall be tax deductible for state income tax purposes. All income of the fund shall be exempt from state income taxation, as long as the fund is to be used exclusively for the purposes of decommissioning and the licensee may not use the fund for any other purpose. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Payments to a decommissioning trust fund are deemed to be a necessary operating expense to the licensee and exempt from federal income tax. It is the legislative intent that all income of the fund be exempt from federal income taxation. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Restrictions. The following restrictions apply to the decommissioning trust fund. A. All funds collected by any licensee for decommissioning shall be immediately segregated from the company's assets and amounts not subject to refund or required to pay tax liabilities shall be transferred to the trustee for placement in the decommissioning trust fund established for the licensee's plant. Amounts collected for decommissioning, but subject to refund or required to pay tax liabilities, shall be deposited in a separate escrow account. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The assets in a decommissioning trust fund may be invested only in secure assets as follows: (1) The bonds, notes, certificates of deposit or other obligations issued or guaranteed by the United States or by any agency or instrumentality of the United States; (2) The bonds, notes, certificates of deposit or other obligations issued or guaranteed by any state or by any agency, instrumentality or political subdivision of any state, provided that securities are rated within the 2 highest grades by any rating service approved by the Superintendent of Financial Institutions; (3) The bonds and other obligations of any United States corporation, provided that they are rated within the 2 highest grades by any rating service approved by the Superintendent of Financial Institutions; or (4) Until a definitive final determination has been made by the Federal Government that the income of the fund is exempt from federal income taxation, the assets in the fund may be invested only in securities exempt from federal income taxation. The assets in a fund shall not be invested in the securities of the owner of any nuclear power plant. The decommissioning fund committee may impose such other restrictions as it determines necessary or desirable. [PL 1987, c. 141, Pt. A, §6 (NEW); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).] C. Except as provided in section 4354 , a decommissioning trust fund shall be administered only by persons not normally involved with operations of the licensee or any owner of a nuclear power plant within the State. [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Neither the licensee nor any other owner of any nuclear power plant in the State may receive any benefit from funds remaining in the decommissioning trust fund after completion of decommissioning. [PL 1987, c. 141, Pt. A, §6 (NEW).] E. All income of a fund shall be accumulated and added to the principal of the fund, except as otherwise provided in subsection 5. [PL 1987, c. 141, Pt. A, §6 (NEW).] F. Any indenture of trust governing the decommissioning trust fund is subject to review and approval by the commission. That indenture of trust shall contain a provision that it shall be amended as necessary to conform to any future changes in state law or rule. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]

4. Contributions to the fund. The trustee of a decommissioning trust fund shall bill the licensee operating the nuclear power plant for which the fund was established and the licensee shall make payments to the trustee of the fund in amounts and on a schedule determined by the commission in accordance with section 4353, subsection 4 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Expenditures from the fund; payments for costs of decommissioning. At the time of decommissioning, the decommissioning fund committee shall authorize the trustee to make payments as necessary from the fund to the licensee to cover actual decommissioning expenses in accordance with the decommissioning plan authorized by the United States Nuclear Regulatory Commission or its successor. The decommissioning fund committee may not approve any withdrawal for this purpose prior to completion of decommissioning, unless the physical decommissioning plan has been received and reviewed by the commission under section 4353, subsection 7 . The decommissioning fund committee may authorize withdrawals from the fund as necessary to pay reasonable expenses for administering the fund. No other withdrawal may be made prior to the commencement of decommissioning without the approval of the commission and unless the withdrawal is for the purpose of paying reasonable expenses related to decommissioning. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Expenditure of money remaining after decommissioning. Upon termination of decommissioning, the commission shall conduct a final audit of the decommissioning trust fund. The commission may by rule, if the public interest requires, establish a decommissioning contingency reserve at that time. If there are assets remaining in the fund attributable to a given plant, after its decommissioning has been completed, those assets must be returned, in proportion to their payments, to the owners and any other persons who originally made payments to the licensee for decommissioning purposes in accordance with the order or orders of any regulatory agency having jurisdiction. No portion of the remaining assets in a fund may accrue to the benefit of the licensee. A transmission and distribution utility in the State that receives remaining decommissioning funds under this subchapter shall distribute the funds equitably, under the guidance of the commission, to its customers. [PL 1999, c. 398, Pt. A, §100 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

7. Commission review for licensee-established committee. Notwithstanding any other section of this subchapter, if the decommissioning fund committee is established by the company under section 4354, subsection 1 , withdrawals from the fund shall be reviewed and approved by the commission. No withdrawal may be approved, except for the purpose of paying reasonable expenses related to decommissioning or to the administration of the fund. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Separate fund for each plant. There shall be a separate decommissioning trust fund for each nuclear power plant covered by this subchapter. The assets of these funds shall not be commingled in any way. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 7102 — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7102
35-A §7102. Definitions
Status: in_force

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Emergency. "Emergency" means a situation in which property or human or animal life is in jeopardy and the prompt summoning of aid is essential. [PL 1987, c. 490, Pt. C, §15 (AMD).]

1-A. Caller-ID. "Caller-ID" means a service that allows a person who receives a telephone call to know, by means of an appropriate device, the telephone access line identification number or other telephone access line identification information. "Caller-ID" does not include the following: A. An identification service that is used within the same limited system, including but not limited to a private branch exchange, or PBX, system or a Centrex system; [PL 1991, c. 654, §2 (NEW); PL 1991, c. 654, §5 (AFF).] B. An identification service provided in connection with toll-free, or "800" access code, telephone service or a similar telephone service; [PL 2011, c. 623, Pt. C, §6 (AMD).] C. An identification service that provides billing information to another telephone utility or to others providing service to a customer; [PL 1991, c. 654, §2 (NEW); PL 1991, c. 654, §5 (AFF).] D. An identification service that is used on a public agency's emergency telephone line or on the line that receives the 9-1-1 or primary emergency telephone number; and [PL 1991, c. 654, §2 (NEW); PL 1991, c. 654, §5 (AFF).] E. An identification service provided in connection with legally sanctioned call tracing or tapping procedures. [PL 1991, c. 654, §2 (NEW); PL 1991, c. 654, §5 (AFF).] [PL 2011, c. 623, Pt. C, §6 (AMD).]

1-B. Line-item charge. "Line-item charge" means a discrete charge identified separately on a customer's telephone bill. [PL 2009, c. 36, §1 (NEW).]

2. Party line. "Party line" means a subscribers' line telephone circuit, consisting of 2 or more main telephone stations connected with the circuit, each station with a distinctive ring and telephone number. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Public telephone. "Public telephone" means a telephone made available for voice message use by members of the transient or general public for compensation, including pay telephones and any telephones provided for the use of lodgers in or patrons of hotels, motels, hospitals, medical and convalescent care facilities, academic institutions, transportation terminals, government offices, public buildings, restaurants or other places of public accommodation or prisons and other confinement facilities. [PL 1989, c. 651, §1 (NEW).]

4. Prepaid wireless telecommunications service. "Prepaid wireless telecommunications service" has the same meaning as in Title 25, section 2921, subsection 13 . [PL 2011, c. 600, §4 (NEW); PL 2011, c. 600, §10 (AFF).]

5. Prepaid wireless telecommunications service consumer or prepaid wireless consumer. "Prepaid wireless telecommunications service consumer" or "prepaid wireless consumer" has the same meaning as in Title 25, section 2921, subsection 13‑A . [PL 2011, c. 600, §4 (NEW); PL 2011, c. 600, §10 (AFF).]

6. Prepaid wireless telecommunications service provider. "Prepaid wireless telecommunications service provider" has the same meaning as in Title 25, section 2921, subsection 14 . [PL 2011, c. 600, §4 (NEW); PL 2011, c. 600, §10 (AFF).]

6-A. Price cap incumbent local exchange carrier or price cap ILEC. "Price cap incumbent local exchange carrier" or "price cap ILEC" means an incumbent local exchange carrier that agreed to accept Connect America Fund Phase II support pursuant to the Federal Communications Commission's Report and Order released on December 18, 2014, in In the Matter of Connect America Fund, WC Docket No. 10-90, FCC 14-190, for locations within the State on or before January 1, 2016 and does not receive funding from a state universal service fund under section 7104 . [PL 2015, c. 462, §1 (NEW).]

7. Retail transaction. "Retail transaction" has the same meaning as in Title 25, section 2921, subsection 15 . [PL 2011, c. 600, §4 (NEW); PL 2011, c. 600, §10 (AFF).]

8. Seller. "Seller" has the same meaning as in Title 25, section 2921, subsection 16 . [PL 2011, c. 600, §4 (NEW); PL 2011, c. 600, §10 (AFF).]
35-A M.R.S. § 10104 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10104
35-A §10104. Duties
Status: in_force

1. Generally. In accordance with this section and other applicable law, the trust administers and disburses funds and coordinates programs to promote reduced energy costs, energy efficiency and increased use of alternative energy resources in the State. The trust is responsible for accounting for, evaluating and monitoring all activities of the trust and all programs funded in whole or in part by the trust. [PL 2013, c. 369, Pt. A, §7 (AMD).]

2. Programs. The trust shall plan, design and administer programs to ensure that funds are expended for uses consistent with applicable state and federal law and so that the following principles of administration are met: A. Programs are consumer-oriented such that the processes for participation and program design are targeted to serve the multiple needs of energy consumers in this State; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. The effectiveness of programs is maximized by building up and centralizing expertise, addressing conflicts of interest, mitigating the influence of politics, promoting flexible, timely program management and providing a champion for funding cost-effective energy and energy efficiency programs; [PL 2013, c. 369, Pt. A, §8 (AMD).] C. The efficiency with which programs are planned, designed, overseen and delivered is maximized; [PL 2023, c. 328, §3 (AMD).] D. Sufficient checks and balances are provided to ensure consistency with public policy and accountability for meeting the principles set out in paragraphs A to C and E so that energy efficiency programs in the State are sustainable for the long term; and [PL 2023, c. 328, §4 (AMD).] E. Programs are planned and implemented to advance the policy of beneficial electrification as described in chapter 38. [PL 2023, c. 328, §5 (NEW).] [PL 2023, c. 328, §§3-5 (AMD).]

3. Performance metrics. The trust shall develop quantifiable performance metrics for all programs it administers and to which it will hold accountable all recipients of funding from the trust and recipients of funds used to deliver energy and energy efficiency and weatherization programs administered or funded by the trust. Such performance metrics may include, but are not limited to, reduced energy consumption, increased use of alternative energy resources, reduced heating costs, reduced capacity demand for natural gas, electricity and fossil fuels, reduced carbon dioxide emissions, program and overhead costs and cost-effectiveness, the number of new jobs created by the award of trust funds, the number of energy efficiency trainings or certification courses completed and the amount of sales generated. [PL 2019, c. 313, §4 (AMD).]

4. Triennial plan. The board shall vote on a detailed, triennial plan that includes the quantifiable performance metrics developed under subsection 3 and make a full report of the vote to the commission in accordance with this subsection. The triennial plan must provide integrated planning, program design and implementation strategies for all energy efficiency, alternative energy resources and conservation programs administered by the trust, including but not limited to the electric efficiency and conservation programs under section 10110 , the natural gas efficiency and conservation programs under section 10111 , the Regional Greenhouse Gas Initiative Trust Fund under section 10109 , the Heating Fuels Efficiency and Weatherization Fund under section 10119 and any state or federal funds or publicly directed funds accepted by or allocated to the trust for the purposes of this chapter. The triennial plan must include provisions for the application of appropriate program funds to support workforce development efforts that are consistent with and promote the purposes of the trust. The plan must take into consideration the comprehensive state energy plan pursuant to Title 2, section 9, subsection 3, paragraph C . The plan must include, but is not limited to, efficiency and conservation program budget allocations, objectives, targets, performance metrics, program designs, program implementation strategies, timelines and other relevant information. A. The triennial plan must be developed by the trust, in consultation with entities and agencies engaged in delivering efficiency programs in the State, to authorize and govern or coordinate implementation of energy efficiency and weatherization programs in the State. The triennial plan must identify the maximum achievable cost-effective energy efficiency savings, as defined by rule by the trust, and related programs that could be implemented pursuant to sections 10110 and 10111 , the costs and benefits of such programs and the basis and support for such identified costs and benefits. The trust shall conduct an evaluation of the maximum cost-effective potential for electrical and natural gas energy efficiency savings in the State at least once every 3 years. (1) Transmission and distribution utilities and natural gas utilities shall furnish data to the trust that the trust requests under this subsection to develop and implement the triennial plan or conduct the evaluation of all cost-effective potential for electrical and natural gas energy efficiency savings subject to such confidential treatment as a utility may request and the board determines appropriate pursuant to section 10106 . The costs of providing the data are deemed reasonable and prudent expenses of the utilities and are recoverable in rates. (2) Unless prohibited by federal law, the Maine State Housing Authority and the Department of Health and Human Services shall furnish to the trust data pertaining to the identity, location and contact information, but not including income or asset information, of households that qualify for low-income programs, as determined necessary by the trust to develop and implement the triennial plan and to evaluate program effectiveness. Data received pursuant to this subparagraph is deemed to be received by the commission and is subject to a protective order issued by the commission pursuant to section 1311‑A . [PL 2019, c. 313, §5 (AMD).] B. In developing the triennial plan, the staff of the trust shall consult the board and provide the opportunity for the board to provide input on drafts of the plan. [PL 2009, c. 372, Pt. B, §3 (NEW).] B-1. In developing the triennial plan, the trust shall provide the joint standing committee of the Legislature having jurisdiction over energy matters an opportunity to provide input on the plan, which may occur at the same time the trust consults with other entities in the development of the plan. [PL 2011, c. 637, §3 (NEW).] C. The board shall review and approve the triennial plan by affirmative vote of 2/3 of the trustees upon a finding that the plan is consistent with the statutory authority for each source of funds that will be used to implement the plan, advances the state energy efficiency targets in paragraph F , reflects the best practices of program administration under subsection 2 and is consistent with the provisions of this section. [PL 2019, c. 313, §5 (AMD).] D. Prior to submission of the triennial plan to the commission, the trust shall offer to provide a detailed briefing on the draft plan to the joint standing committee of the Legislature having jurisdiction over energy matters and, at the request of the committee, shall provide such a briefing and opportunity for input from the committee. After providing such opportunity for input and making any changes as a result of any input received, the board shall deliver the plan to the commission for its review and approval. At the request of the trust or any party to the triennial plan, the commission shall open an adjudicatory proceeding to review the triennial plan. If an adjudicatory proceeding is not requested, the commission may use an adjudicatory proceeding or other process to review the triennial plan. The commission shall review the triennial plan to determine whether it will capture the maximum achievable cost-effective energy efficiency savings. In conducting the review, the commission shall defer to the trust's calculations of energy savings as long as the calculations were conducted consistent with rules of the trust and are supported by evidence in the record and the trust used a reasonable and transparent process to make the technical determinations necessary to make those calculations. The commission shall reject elements of the plan that propose to use funds generated pursuant to sections 3210‑C , 10110 , 10111 or 10119 if the plan fails to reasonably explain how these elements of the program would achieve the objectives and implementation requirements of the programs established under those sections or the performance metrics under subsection 3. If the commission approves the triennial plan, the commission shall issue the appropriate orders to transmission and distribution utilities and natural gas utilities for the procurement of energy efficiency resources identified within the plan pursuant to section 10110, subsection 4‑A and section 10111, subsection 2 . If the commission rejects the triennial plan, the commission shall issue an order stating the reasons for the rejection. Funds generated under these statutory authorities may not be used pursuant to the triennial plan unless those elements of the plan proposing to use the funds have been approved by the commission. The commission shall approve or reject the entire plan or elements of the plan within 120 days of its delivery to the commission. The board, within 30 days of final commission approval of the triennial plan, shall submit the triennial plan to the joint standing committee of the Legislature having jurisdiction over energy matters together with any explanatory or other supporting material as the committee may request and, at the request of the committee, shall provide a detailed briefing on the triennial plan. After receipt of the triennial plan, the joint standing committee of the Legislature having jurisdiction over energy matters may submit legislation relating to the triennial plan. [PL 2019, c. 313, §5 (AMD).] E. The trust shall determine the period to be covered by the triennial plan except that the period of the plan may not interfere with the delivery of any existing contracts to provide energy efficiency services that were previously procured pursuant to efficiency and conservation programs administered by the commission. [PL 2009, c. 372, Pt. B, §3 (NEW).] F. It is an objective of the triennial plan to design, coordinate and integrate sustained energy efficiency and weatherization programs that are available to all energy consumers in the State and to users of all fuel types. The plan must set forth the costs and benefits of the trust's programs that advance the following goals and funding necessary to meet those goals: (1) Reducing energy costs, including residential heating costs; (2) For the period beginning January 1, 2020 and ending January 1, 2030, weatherizing 35,000 homes and businesses, with at least 10,000 of such weatherization projects completed in low-income households through the combined efforts of the trust and the Maine State Housing Authority; (3) Reducing peak-load demand for electricity by the maximum achievable cost-effective amount; (4) Achieving the maximum achievable cost-effective electricity and natural gas program savings, as defined in and determined pursuant to the performance metrics approved by the commission under section 10120 ; (5) Creating stable private sector jobs providing alternative energy and energy efficiency products and services in the State; (6) Contributing to the effort to reduce greenhouse gas emissions in the State by amounts consistent with the greenhouse gas emission levels established in Title 38, section 576‑A and in a manner consistent with the State's climate action plan adopted and updated under Title 38, section 577 ; (7) Promoting the purchase of high-efficiency heat pump systems to achieve by 2030 the goal of at least 115,000 households in the State wholly heated by heat pumps and an additional 130,000 households in the State partially heated by heat pumps; and (8) Promoting the purchase of battery electric vehicles and plug-in hybrid electric vehicles to achieve by 2030 the goal of at least 220,000 such vehicles registered in the State. For the purposes of this subparagraph, "plug-in hybrid electric vehicle" has the same meaning as in section 10126, subsection 1, paragraph D . [PL 2021, c. 693, §7 (AMD).] G. In developing the triennial plan, or an annual update plan under subsection 6 , the trust may include, as part of its budget for electric efficiency and conservation programs under section 10110 , the costs of providing nonwires alternatives in accordance with section 3132‑D . [PL 2021, c. 209, §2 (RPR).] H. After the triennial plan is approved, the trust or any party to the triennial plan may petition for, or the commission may initiate on its own, consideration of revising the calculations of avoided energy costs used in the determination of maximum achievable cost-effective energy efficiency resources pursuant to section 10110, subsection 4‑A or section 10111, subsection 2 upon a showing that, subsequent to the publication of the avoided energy cost study relied upon, changes in price forecasts would result in more than a 25% change in the value of avoided energy cost affecting a significant portion of the program activity in the triennial plan. [PL 2021, c. 209, §3 (NEW).] [PL 2021, c. 693, §7 (AMD).]

5. Report. The trust shall report by December 1st of each year to the commission and the joint standing committee of the Legislature having jurisdiction over energy matters. The report must include: A. A description of actions taken by the trust pursuant to this section, including descriptions of all energy efficiency, weatherization and conservation programs implemented during the prior 12 months and all programs that the trust plans to implement during the next 12 months, a description of how the trust determines the cost-effectiveness of each program and its assessment of the cost-effectiveness of programs implemented during the prior 12 months; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. An accounting of: (1) Assessments made on each transmission and distribution utility pursuant to section 10110 during the prior 12 months and projected assessments during the next 12 months and total deposits into and expenditures from the program fund during the prior 12 months and projected deposits into and expenditures from the program funds during the next 12 months; (2) Assessments made pursuant to section 10111 during the prior 12 months and projected assessments during the next 12 months and total deposits into and expenditures from the natural gas conservation fund during the prior 12 months and projected deposits into and expenditures from the natural gas conservation fund during the next 12 months; (3) Any heating fuel assessments made for the purposes of section 10119 during the prior 12 months and projected assessments during the next 12 months and total deposits into and expenditures from the Heating Fuels Efficiency and Weatherization Fund during the prior 12 months and projected deposits into and expenditures from the Heating Fuels Efficiency and Weatherization Fund during the next 12 months; (4) Total funds received and expended by the State on energy efficiency and weatherization pursuant to the Weatherization Assistance for Low-income Persons Program of the United States Department of Energy and the Low-income Home Energy Assistance Program of the United States Department of Health and Human Services; (5) The amount and source of any grants or funds deposited in the program fund pursuant to section 10110 during the previous 12 months and the projected amount and source of any such funds during the next 12 months; and (6) Total deposits into and expenditures from the conservation administration fund under section 10110 during the prior 12 months and projected deposits into and expenditures from the conservation administration fund during the next 12 months; [PL 2009, c. 372, Pt. B, §3 (NEW).] C. Any recommendations for changes to the laws relating to energy conservation; and [PL 2009, c. 372, Pt. B, §3 (NEW).] D. The performance of the trust and individual programs and program delivery agents or service providers in meeting the objectives, targets and performance metrics approved by the commission and contained in the triennial plan. [PL 2019, c. 313, §6 (AMD).] The report must be approved by the board before the report is presented to the commission and the joint standing committee of the Legislature having jurisdiction over energy matters. [PL 2019, c. 313, §6 (AMD).]

6. Updated plans. Within 90 days of completion of the annual report under subsection 5 , the director shall submit to the board an annual update plan describing any significant changes to the triennial plan under subsection 4 related to program budget allocations, goals, targets, performance metrics, program designs, implementation strategies, timelines and other relevant information for the year ahead for all funds administered and managed by the trust. The director or any contractor, grantee or agency delivering programs may not execute any significant changes until the changes are approved by the board and, in the case of significant changes to programs using funds generated by assessments under this chapter, until the changes are also approved by the commission using the same standard as for the triennial plan. All annual update plans must be presented to the commission and the joint standing committee of the Legislature having jurisdiction over energy matters. [PL 2019, c. 313, §7 (AMD).]

7. Certification. The board shall by rule establish certification standards for energy auditors, installers of energy efficiency measures or other service providers that provide services under programs administered by the trust. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 372, Pt. B, §3 (NEW).]

8. Approval of Maine State Housing Authority plans. After July 1, 2010, the Maine State Housing Authority, prior to applying for federal funds on behalf of the State pursuant to Title 30‑A, section 4741, subsection 15 for weatherization, energy conservation and fuel assistance pursuant to the Weatherization Assistance for Low-income Persons Program administered through the United States Department of Energy and the Low-income Home Energy Assistance Program administered through the United States Department of Health and Human Services, shall submit to the board for its review and input the authority's implementation plans for the use of such funds. The plans must describe the amount of budget available to support the heat pump goal established in section 10119, subsection 2, paragraph A , subparagraph (2), the plans' strategy for promoting that goal and an estimate of the number of units that will be installed. The plans must provide for coordination by the Maine State Housing Authority in its use of such funds with the programs administered by the trust under this chapter. The Maine State Housing Authority shall consider in its plans any recommendations of the board to the extent the recommendations are consistent with the applicable federal guidelines governing the use of the funds. [PL 2019, c. 306, §3 (AMD).]

9. Coordination with other entities. Consistent with the requirements of this chapter and other applicable laws, the board shall coordinate with the activities and programs of state agencies and authorities that relate to the purposes of this chapter in order to align such activities and programs with the plans and programs of the trust. For purposes of this subsection, activities and programs of state agencies and authorities that relate to the purposes of this chapter include but are not limited to energy efficiency programs relating to state facilities administered by the Department of Administrative and Financial Services, Bureau of General Services, the adoption, amendment and maintenance of the Maine Uniform Building and Energy Code by the Technical Building Codes and Standards Board, established in Title 5, section 12004‑G, subsection 5‑A within the Department of Public Safety, energy efficiency or green energy workforce development activities of the Department of Labor or the State Workforce Development Board established in Title 26, section 2006 , energy efficiency and weatherization programs administered by the Maine State Housing Authority and the activities of the nonwires alternative coordinator established pursuant to section 1701, subsection 2‑A . [PL 2025, c. 154, §15 (AMD).]

10. Independent analysis of programs. The trust shall arrange for an independent evaluation of each major program implemented under this section. Each major program must be evaluated at least once every 5 years. The evaluation must include an accounting audit of the program and an evaluation of the program's effectiveness in meeting the goals of this section. The evaluations must be conducted by a competent professional with expertise in energy efficiency matters, including the management of cost-effective energy efficiency programs. The trust shall include the results of all evaluations conducted under this subsection in the annual report submitted pursuant to subsection 5 . For purposes of this subsection, "major program" means a program with an annual budget of more than $500,000. [PL 2009, c. 372, Pt. B, §3 (NEW).]

11. Other duties. The trust shall do all things necessary or convenient to carry out the lawful purposes of the trust. [PL 2009, c. 372, Pt. B, §3 (NEW).]

12. Budget transparency. The trust shall provide on January 30th and July 30th of each year to the joint standing committee of the Legislature having jurisdiction over energy matters a report that includes the trust's revenues and program expenses for the current fiscal year and program budgets for the next fiscal year for all the trust's funds and programs, whether or not subject to legislative allocation. The report must indicate any significant departures from the triennial plan approved pursuant to subsection 4 or an updated plan approved pursuant to subsection 6 . After receiving a report, the joint standing committee of the Legislature having jurisdiction over energy matters may report out legislation relating to the trust. In accordance with applicable provisions of Title 5, chapter 149 , the trust shall also prepare and submit to the State Budget Officer for inclusion in the budget of the State Government the amount of any funds administered by the trust that require legislative allocation in the budget. The joint standing committee of the Legislature having jurisdiction over energy matters shall make recommendations to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs with regard to any proposed allocation of the trust's funds in any budget legislation. Within 30 days after enactment of legislation that includes an allocation of funds that affects the trust's triennial plan, the trust shall make any necessary adjustments to the triennial plan. [PL 2011, c. 637, §4 (NEW).]

13. Maine Clean Energy and Sustainability Accelerator. The trust shall administer the Maine Clean Energy and Sustainability Accelerator under section 10129 . [RR 2021, c. 1, Pt. A, §39 (COR).]

14. Energy efficiency education and outreach program; manufactured housing. In coordination with the Maine State Housing Authority, the trust shall provide an education and outreach program to low-income and moderate-income residents of manufactured housing to increase awareness of energy efficiency programs administered by the trust and the Maine State Housing Authority for which residents may be eligible. Education and outreach program materials must include a description of each energy efficiency program for which a low-income or moderate-income manufactured housing resident may qualify, the application process for each energy efficiency program and where to find additional information. To the extent that the energy efficiency programs promote weatherization or heat pumps for space heating to low-income or moderate-income households, the trust and the Maine State Housing Authority shall ensure that eligible residents of manufactured housing are offered access to grants and loans for weatherization or heat pumps for space heating. For the purposes of this subsection, "manufactured housing" has the same meaning as in Title 10, section 9002, subsection 7 . [PL 2023, c. 194, §1 (NEW).]
35-A M.R.S. § 303 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 303
35-A §303. Valuation of property for fixing rates
Status: in_force

In determining just and reasonable rates, tolls and charges, the commission shall fix a reasonable value upon all the property of a public utility and upon an electric plant to the extent paid for by the utility on the premises of any of its customers that is used or required to be used in its service to the public within the State and a fair return on that property. In fixing a reasonable value, the commission shall give due consideration to evidence of the cost of the property when first devoted to public use and the prudent acquisition cost to the utility, less depreciation on each, and any other material and relevant factors or evidence, but the other factors may not include current value. In making a valuation, the commission may consult reports, records or other information available to it in the office of any state office or board. [PL 2017, c. 73, §1 (AMD).]

This section does not apply to a price cap ILEC as defined in section 7102, subsection 6‑A . [PL 2017, c. 73, §1 (NEW).]
35-A M.R.S. § 9403 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9403
35-A §9403. State connectivity goals
Status: in_force

1. Goals. The goals of the State related to connectivity are that: A. High-speed connectivity be universally available in the State, including to all residents, businesses and community anchor institutions; [PL 2021, c. 364, §3 (NEW).] B. There be secure, affordable, reliable, competitive and sustainable forward-looking advanced communications technology infrastructure that can meet current and future needs; [PL 2021, c. 364, §3 (NEW).] C. All residents, businesses and institutions in the State be able to take full advantage of the economic, health, educational and other opportunities available through connectivity services; and [PL 2021, c. 364, §3 (NEW).] D. Existing public and private infrastructure be used effectively and efficiently in the public interest to provide advanced communications technology infrastructure in all areas of the State. [PL 2021, c. 364, §3 (NEW).] [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 6505 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6505
35-A §6505. Terms and conditions for property taken
Status: in_force

1. Accommodation of the owner and taker. The county commissioners in awarding damages for property taken by eminent domain, upon the application of the owner or the taker, may prescribe terms and conditions, for the use of the property taken, that will best accommodate the owner and the taker. [PL 1989, c. 159, §10 (AMD).]

2. Appeal. In the case of appeal by either party, the only question in issue shall be the amount or measure of damages on the terms and conditions imposed by the commissioners. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 116 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 116
35-A §116. Funding of the commission
Status: in_force

1. Entities subject to assessments. Every transmission and distribution, gas, telephone and water utility and ferry subject to regulation by the commission and every qualified telecommunications provider is subject to an assessment on its intrastate gross operating revenues to produce sufficient revenue for expenditures allocated by the Legislature for the Public Utilities Commission Regulatory Fund established pursuant to this section. The budget for the Public Utilities Commission Regulatory Fund is subject to legislative review and approval in accordance with subsection 2 . The portion of the total assessment applicable to each category of public utility or qualified telecommunications provider is based on an accounting by the commission of the portion of the commission's resources devoted to matters related to each category. The commission shall develop a reasonable and practicable method of accounting for resources devoted by the commission to matters related to each category of public utility or qualified telecommunications provider. Assessments on each public utility or qualified telecommunications provider within each category must be based on the utility's or qualified telecommunications provider's gross intrastate operating revenues. Within each category of public utility, the assessment must be apportioned and applied separately to investor-owned utilities and consumer-owned utilities. The portion of the assessment applicable to investor-owned utilities and consumer-owned utilities within each category must be determined based on an accounting by the commission of the portion of the commission's resources devoted to matters related to investor-owned utilities and the portion devoted to matters related to consumer-owned utilities. The commission shall determine the assessments annually prior to May 1st and assess each utility or qualified telecommunications provider for its pro rata share for expenditure during the fiscal year beginning July 1st. Each utility or qualified telecommunications provider shall pay the assessment charged to the utility or qualified telecommunications provider on or before July 1st of each year. Any increase in the assessment that becomes effective subsequent to May 1st may be billed on the effective date of the act authorizing the increase. A. The assessments charged to utilities and qualified telecommunications providers under this section are just and reasonable operating costs for rate-making purposes. [PL 2011, c. 623, Pt. B, §1 (AMD).] B. For the purposes of this section, "intrastate gross operating revenues" means: (1) In the case of all utilities except telephone utilities, revenues derived from filed rates except revenues derived from sales for resale; (2) In the case of a telephone utility, all intrastate revenues, except revenues derived from sales for resale, whether or not the rates from which those revenues are derived are required to be filed pursuant to this Title; and (3) In the case of a qualified telecommunications provider, all intrastate revenues except revenues derived from sales for resale. [PL 2013, c. 600, §1 (RPR).] C. Gas utilities subject to the jurisdiction of the commission solely with respect to safety are not subject to any assessment. [RR 1995, c. 1, §29 (COR).] D. The commission may correct any errors in the assessments by means of a credit or debit to the following year's assessment rather than reassessing all utilities or qualified telecommunications providers in the current year. [PL 2011, c. 623, Pt. B, §1 (AMD).] E. The commission may exempt utilities or qualified telecommunications providers with annual intrastate gross operating revenues under $50,000 from assessments under this section. [PL 2011, c. 623, Pt. B, §1 (AMD).] F. The portion of the assessment applicable to investor-owned utilities and consumer-owned utilities within each category of public utility, as determined by the commission under this subsection, must be allocated to each utility based on a 3-year rolling average of revenue reported by the utility. [PL 2021, c. 318, §1 (NEW); PL 2021, c. 318, §24 (AFF).] For purposes of this section, "qualified telecommunications provider" means a provider of interconnected voice over Internet protocol service that paid any assessment under this subsection, whether voluntarily, by agreement with the commission or otherwise, prior to March 1, 2012. [PL 2021, c. 318, §1 (AMD); PL 2021, c. 318, §24 (AFF).]

2. Committee recommendations; legislative approval of budget. The commission shall submit its budget recommendations, using a zero-based budgeting process or other process or method directed by the State Budget Officer, as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666 . The commission shall make a presentation of its budget recommendations contained in any current services budget legislation and any supplemental budget legislation to the joint standing committee of the Legislature having jurisdiction over public utilities matters. The joint standing committee of the Legislature having jurisdiction over public utilities matters shall review the commission's recommendations and make recommendations to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs regarding the budget of the commission, including but not limited to all expenditures from the fund established pursuant to this section. The commission shall make an annual report in accordance with section 120 of its planned expenditures for the year and on its use of funds in the previous year. In addition to the assessments authorized under this section, the commission may also receive other funds as appropriated or allocated by the Legislature. [PL 2011, c. 590, §2 (AMD).]

3. Deposit of funds. All revenues derived from assessments levied against utilities or qualified telecommunications providers described in this section must be deposited with the Treasurer of State in a separate account to be known as the Public Utilities Commission Regulatory Fund. [PL 2011, c. 623, Pt. B, §2 (AMD).]

4. Use of funds. The Public Utilities Commission may use the revenues provided in accordance with this section to defray the costs incurred by the commission pursuant to this Title, including administrative expenses, general regulatory expenses, consulting fees and all other reasonable costs incurred to administer this Title. [PL 2007, c. 240, Pt. P, §1 (AMD).]

5. Unexpended funds. Any amount of the funds that is not expended at the end of a fiscal year does not lapse, but is carried forward to be expended for the purposes specified in this section in succeeding fiscal years. [PL 2005, c. 135, §2 (AMD).]

6. Violations. [PL 2003, c. 505, §11 (RP).]

7. Special assessment. [PL 1991, c. 343, §4 (RP).]

8. Public Advocate assessment. Every utility or qualified telecommunications provider subject to assessment under this section is subject to an additional annual assessment on its intrastate gross operating revenues to produce sufficient revenue for expenditures allocated by the Legislature for operating the Office of the Public Advocate. The portion of this assessment applicable to each category of public utility or qualified telecommunications provider is based on an accounting by the Public Advocate of resources devoted to matters related to each category. The Public Advocate shall develop a reasonable and practicable method of accounting for resources devoted by the Public Advocate to matters related to each category of public utility or qualified telecommunications provider. Assessments on each public utility or qualified telecommunications provider within each category must be based on the utility's or qualified telecommunications provider's gross intrastate operating revenues. Within each category of public utility, the assessment must be apportioned and applied separately to investor-owned utilities and consumer-owned utilities. The portion of the assessment applicable to investor-owned utilities and to consumer-owned utilities within each category must be determined based on an accounting by the Public Advocate of the portion of the resources of the Office of the Public Advocate devoted to matters related to investor-owned utilities and the portion devoted to matters related to consumer-owned utilities. The revenues produced from this assessment are transferred to the Public Advocate Regulatory Fund and may be used only to fulfill the duties specified in chapter 17 . The assessments charged to utilities and qualified telecommunications providers under this subsection are considered just and reasonable operating costs for rate-making purposes. The Public Advocate shall develop a method of accounting for staff time within the Office of the Public Advocate. All professional and support staff shall account for their time in such a way as to identify the percentage of time devoted to public utility and qualified telecommunications provider regulation and the percentage of time devoted to other duties that may be required by law. A. The Public Advocate shall submit its budget recommendations, using a zero-based budgeting process or other process or method directed by the State Budget Officer, as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666 . The assessments and expenditures provided in this section are subject to legislative approval. The Public Advocate shall make an annual report of its planned expenditures for the year and on its use of funds in the previous year. The Public Advocate may also receive other funds as appropriated by the Legislature. [PL 2011, c. 590, §3 (AMD).] B. The Public Advocate may use the revenues provided in accordance with this section to fund the Public Advocate and 10 employees and to defray the costs incurred by the Public Advocate pursuant to this Title, including administrative expenses, general expenses, consulting fees and all other reasonable costs incurred to administer this Title. [PL 2019, c. 226, §1 (AMD).] C. [PL 1993, c. 633, §1 (RP); PL 1993, c. 633, §3 (AFF).] C-1. Funds that are not expended at the end of a fiscal year do not lapse but must be carried forward to be expended for the purposes specified in this section in succeeding fiscal years. [PL 2005, c. 135, §3 (AMD).] D. [PL 2003, c. 505, §12 (RP).] E. The portion of the assessment applicable to investor-owned utilities and consumer-owned utilities within each category of public utility, as determined by the Public Advocate under this subsection, must be allocated to each utility based on a 3-year rolling average of revenue reported by the utility. [PL 2021, c. 318, §2 (NEW); PL 2021, c. 318, §24 (AFF).] [PL 2021, c. 318, §2 (AMD); PL 2021, c. 318, §24 (AFF).]

9. Public Advocate special assessment. Each investor-owned transmission and distribution utility subject to assessment under this section is subject to an additional annual assessment on its intrastate gross operating revenues to produce sufficient revenue for expenditures of the Office of the Public Advocate for contracted services and administrative costs associated with the nonwires alternative coordinator pursuant to section 1701, subsection 2‑A . Revenue produced from the assessments must be deposited in the Public Advocate Regulatory Fund and used only for purposes specified in this subsection. [PL 2019, c. 298, §2 (NEW).]
35-A M.R.S. § 3203 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3203
35-A §3203. Licensing of competitive electricity providers; consumer protections; enforcement
Status: in_force

1. Authority. In order to provide effective competition in the market for the generation and sale of electricity in the State, the commission shall license competitive electricity providers in accordance with this section. [PL 2021, c. 108, §5 (AMD).]

2. Requirements. A competitive electricity provider may not undertake the sale of electricity at retail in this State without first receiving a license from the commission. Before approving a license application, the commission must receive from the applicant: A. Evidence of financial capability sufficient to refund deposits to retail customers in the case of bankruptcy or nonperformance or for any other reason; [PL 1997, c. 316, §3 (NEW).] B. Evidence of the ability to enter into binding interconnection arrangements with transmission and distribution utilities; [PL 1997, c. 316, §3 (NEW).] C. Disclosure of all pending legal actions and customer complaints filed against the competitive electricity provider at a regulatory body other than the commission in the 12 months prior to the date of license application; [PL 1997, c. 316, §3 (NEW).] D. Evidence of the ability to satisfy the renewable resource portfolio requirement established under section 3210 ; [PL 1999, c. 398, Pt. J, §1 (AMD).] E. Disclosure of the names and corporate addresses of all affiliates of the applicant; [PL 2021, c. 108, §5 (AMD).] F. Evidence that the applicant is registered with the State Tax Assessor as a seller of tangible personal property pursuant to Title 36, section 1754‑B , together with a statement that the applicant agrees to be responsible for the collection and remission of taxes in accordance with Title 36, Part 3 on all taxable sales of electricity made by the applicant to consumers located in this State; [PL 2021, c. 108, §5 (AMD).] G. Disclosure of the names and corporate addresses of all 3rd-party sales agents proposed to be used by the applicant, in a form to be prescribed by the commission. The disclosure must include: (1) A sworn statement by each proposed 3rd-party sales agent attesting to the 3rd-party sales agent's understanding of its compliance obligations with the State's door-to-door sales law, the Maine Unfair Trade Practices Act and the applicable commission rules; (2) Any transient seller license number issued to each proposed 3rd-party sales agent by the Department of Professional and Financial Regulation pursuant to Title 32, chapter 128, subchapter 2 ; (3) All pending legal actions and customer complaints filed against each proposed 3rd-party sales agent at a regulatory body other than the commission in the 12 months prior to the date of the applicable license application; and (4) Any other information the commission determines is necessary; and [PL 2021, c. 108, §5 (NEW).] H. An acknowledgement by each 3rd-party sales agent proposed to be used by the applicant of the 3rd-party sales agent's submission to the jurisdiction of the commission. [PL 2021, c. 108, §5 (NEW).] A 3rd-party sales agent undertaking the retail sale or marketing of electricity in the State may not engage in any sales or marketing activity unless the 3rd-party sales agent has been registered by the commission as part of the licensing process of a competitive electricity provider in accordance with this subsection. The commission shall provide a registration number to a 3rd-party sales agent proposed to be used by a competitive electricity provider in the competitive electricity provider's application for a license. The commission shall consider the need for requiring and, if it determines there is a need, may require a competitive electricity provider to file a bond with the commission as evidence of financial ability to withstand market disturbances or other events that may increase the cost of providing service or to provide for uninterrupted service to its customers if a competitive electricity provider stops service. [PL 2021, c. 108, §5 (AMD).]

3. Filings; public information. The commission shall establish by rule information disclosure and filing requirements for competitive electricity providers. The rules must require a competitive electricity provider to submit updated disclosures of 3rd-party sales agents prior to any agent undertaking any activities on behalf of the provider in order to maintain the accuracy of the information required pursuant to subsection 2, paragraphs G and H and to require the registration of a 3rd-party sales agent not already registered by the commission. The rules must require generation providers to file their generally available rates, terms and conditions with the commission. The commission, subject to appropriate protective orders, may require the submission of individual service contracts or any other confidential information from a competitive electricity provider. The commission by rule shall establish standards for making available, through any means considered appropriate, information that enhances consumers' ability to effectively make choices in a competitive electricity market. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 108, §5 (AMD).]

4. Consumer protection provisions. As a condition of licensing, a competitive electricity provider that provides or proposes to provide generation service to a residential consumer or to a small commercial consumer: A. May not terminate generation service without at least 30-day prior notice to the consumer; [PL 1999, c. 657, §18 (AMD).] B. Shall offer service to the consumer for a minimum period of 30 days; [PL 2021, c. 108, §5 (AMD).] C. Shall allow the consumer to rescind selection of the competitive electricity provider orally or in writing within 5 days of receipt of the first bill or invoice from the competitive electricity provider, which the consumer is responsible for paying in full; [PL 2021, c. 108, §5 (AMD).] D. Shall comply with all federal and state laws, federal regulations and state rules regarding the prohibition or limitation of telemarketing; [PL 2021, c. 108, §5 (AMD).] E. Shall provide to the consumer within 30 days of contracting for retail service a disclosure of information provided to the commission pursuant to rules adopted under subsection 3 in a standard written format established by the commission; [PL 2021, c. 108, §5 (AMD).] F. Shall comply with any applicable standards or requirements adopted by the commission by rule or order; [PL 2021, c. 108, §5 (AMD).] G. [PL 2011, c. 284, §4 (RP).] Revisor's Note: Paragraph G as enacted by PL 2021, c. 108, §5 is REALLOCATED TO TITLE 35-A, SECTION 3203, SUBSECTION 4, PARAGRAPH G-1 G-1. (REALLOCATED FROM T. 35-A, §3203, sub-§4, ¶G) May not enter, or allow any of the provider's 3rd-party sales agents on the provider's behalf, to enter into an agreement to provide service to a residential or small commercial consumer when that service is solicited using door-to-door sales without providing the consumer with a standard disclosure form that meets the requirements of this paragraph. The standard disclosure form requirements include, but are not limited to, the following: (1) A type size that is no less than 14 points; (2) Contact information, including the telephone numbers for the competitive electricity provider, the commission and the Office of the Public Advocate; (3) A telephone number and publicly accessible website where the consumer may obtain information on the current standard-offer service rate and expiration date and the publicly accessible website for electricity supply information available through the Office of the Public Advocate; (4) Information regarding the consumer's right to rescind service as provided in paragraph C ; (5) The registration number of the 3rd-party sales agent issued by the commission pursuant to subsection 2 and any transient seller's license number issued by the Department of Professional and Financial Regulation pursuant to Title 32, chapter 128, subchapter 2 ; and (6) Any other information the commission determines is necessary; and [PL 2021, c. 108, §5 (NEW); RR 2021, c. 2, Pt. A, §123 (RAL).] H. Shall comply with all federal and state laws, federal regulations and state rules regarding the prohibition or limitation on door-to-door sales. [PL 2021, c. 108, §5 (NEW).] For purposes of this subsection, "residential consumer" means a consumer defined as residential under the terms and conditions of the consumer's transmission and distribution utility. For purposes of this subsection, "small commercial consumer" means, in the case of a consumer served by an investor-owned transmission and distribution utility, a nonresidential consumer that meets the availability criteria to take service under a core customer class of the transmission and distribution utility that does not pay a demand charge to the transmission and distribution utility or, in the case of a consumer served by a consumer-owned transmission and distribution utility, a nonresidential consumer with a demand of 20 kilowatts or less. [RR 2021, c. 2, Pt. A, §123 (COR).]

4-A. General consumer protections. As a condition of licensing, a competitive electricity provider: A. Shall obtain a consumer's authorization before serving the consumer; [PL 1999, c. 657, §19 (NEW).] B. May not release to any other entity, other than for purposes of debt collection or credit reporting pursuant to state and federal law or to law enforcement agencies pursuant to lawful process, any personal information regarding a customer, including name, address, telephone number, usage and historical payment information, without the consent of the customer; [PL 1999, c. 657, §19 (NEW).] C. Shall comply with the provisions of the Maine Unfair Trade Practices Act; [PL 2021, c. 108, §5 (AMD).] D. May not collect or seek to collect unreasonable costs from a customer who is in default; [PL 1999, c. 657, §19 (NEW).] E. Shall comply with all applicable provisions of the federal Equal Credit Opportunity Act, 15 United States Code, Sections 1691 to 1691f; [PL 2021, c. 108, §5 (AMD).] F. Shall comply with all federal and state laws, federal regulations and state rules regarding the prohibition or limitation of telemarketing; and [PL 2021, c. 108, §5 (AMD).] G. [PL 2003, c. 558, §5 (RP).] H. Shall comply with any other applicable standards or requirements established by the commission by rule. [PL 2021, c. 108, §5 (AMD).] [PL 2021, c. 108, §5 (AMD).]

4-B. Residential consumer protections. As a condition of licensing, a competitive electricity provider that provides or proposes to provide generation service to a residential consumer: A. Shall disclose, before entering into an agreement to provide service to a residential consumer, to the residential consumer where the residential consumer can obtain information with which to compare the service provided by the competitive electricity provider and the standard-offer service; [PL 2017, c. 74, §1 (NEW).] B. May not renew a contract for generation service without providing a residential consumer with notice of renewal in advance by mail; [PL 2017, c. 74, §1 (NEW).] C. May not renew a contract for generation service without the express consent of the residential consumer if the renewal rate is a fixed rate that is: (1) Twenty percent or more above the contract rate in the expiring contract; or (2) Greater than the fixed rate that would, at the time of the residential consumer's contract renewal, be offered by the competitive electricity provider to customers enrolling with the provider for an initial contract of a similar term and product offering; [PL 2023, c. 636, §1 (AMD).] C-1. May not renew a contract for generation service at a variable rate without the express consent of the residential consumer if the expiring contract provided generation service at a fixed rate; [PL 2023, c. 636, §1 (NEW).] D. May not renew a contract for generation service for a term that differs from the term of the expiring contract without the express consent of the residential consumer; and [PL 2023, c. 636, §1 (AMD).] E. May not enter into or renew a contract for generation service that includes an early termination fee. [PL 2023, c. 375, §1 (AMD).] If a residential consumer does not provide the express consent required by paragraphs C , C‑1 and D , the residential consumer must be transferred to standard-offer service. [PL 2023, c. 636, §1 (AMD).]

4-C. Residential consumer protection through transmission and distribution utility bill information. The monthly utility bill for a residential consumer that elects to receive generation service from a competitive electricity provider must contain the following: A. A website address or other resource that residential consumers can access to obtain information that provides independent information as determined by the commission that allows residential consumers to compare terms, conditions and rates of electricity supply; and [PL 2017, c. 74, §1 (NEW).] B. A statement that directs the residential consumer to the competitive electricity provider for more information on the residential consumer's contract, including its terms, and that provides the telephone number of the competitive electricity provider. [PL 2017, c. 74, §1 (NEW).] [PL 2017, c. 74, §1 (NEW).]

5. Licensing renewals and revocations. Consistent with all applicable requirements of Title 5, chapter 375 , the commission may limit the duration and effectiveness of a license to a specified term, may conduct proceedings for the renewal of licenses and may conduct proceedings for the revocation of a license when a requirement of this section has not been complied with by a competitive electricity provider. The commission shall adopt rules governing the procedures for issuing or revoking a license under this section and related matters. [PL 1997, c. 316, §3 (NEW).]

6. Consumer protection standards; rules. The commission shall establish by rule consumer protection standards and standards to protect and promote market competition in order to protect retail consumers of electricity from fraud and other unfair and deceptive business practices. The commission shall prohibit, by rule, a competitive electricity provider or a 3rd-party sales agent from representing itself as an alternative to or affiliated in any way with a transmission and distribution utility. Notwithstanding Title 32, chapter 69, subchapter 5 or Title 32, section 14716 , the commission may provide by rule that a competitive electricity provider or a 3rd-party sales agent may satisfy the requirements of subsection 4‑A, paragraph A by obtaining from the customer oral authorization obtained by an independent 3rd party. [PL 2021, c. 108, §5 (AMD).]

7. Penalties. The commission may impose administrative penalties upon a competitive electricity provider or a 3rd-party sales agent in accordance with chapter 15 . [PL 2021, c. 108, §5 (AMD).]

8. Dispute resolution. The commission shall resolve disputes between competitive electricity providers, including 3rd-party sales agents undertaking the retail sale or marketing of electricity on behalf of a provider, and retail consumers of electricity concerning standards or requirements established by or pursuant to subsection 4 , 4‑A , 4‑B or 6 . [PL 2021, c. 108, §5 (AMD).]

9. Additional actions. The commission may impose by rule any additional requirements necessary to carry out the purposes of this chapter, except that this section may not be construed to permit the commission to regulate the rates of any competitive electricity provider. [PL 1997, c. 316, §3 (NEW).]

10. Cease and desist orders. The commission may issue a cease and desist order: A. Following an adjudicatory hearing held in conformance with Title 5, chapter 375, subchapter 4 , if the commission finds that a competitive electricity provider or transmission and distribution utility has engaged or is engaging in any act or practice in violation of any law or rule administered or enforced by the commission or any lawful order issued by the commission. A cease and desist order is effective when issued unless the order specifies a later effective date or is stayed pursuant to Title 5, section 11004 ; or [PL 2021, c. 108, §5 (AMD).] B. In an emergency, without hearing or notice, if the commission receives a written, verified complaint or affidavit showing that a competitive electricity provider or a transmission and distribution utility is selling electricity to retail consumers without being duly licensed or is engaging in conduct that creates an immediate danger to the public safety or is reasonably expected to cause significant, imminent and irreparable public injury. An emergency cease and desist order is effective immediately and continues in force and effect until further order of the commission or until stayed by a court of competent jurisdiction. In a subsequent hearing the commission shall in a final order affirm, modify or set aside the emergency cease and desist order and may employ simultaneously or separately any other enforcement or penalty provisions available to the commission. [PL 1997, c. 316, §3 (NEW).] [PL 2021, c. 108, §5 (AMD).]

11. Restitution. The commission may order restitution for any party injured by a violation for which a penalty may be assessed pursuant to this section. [PL 1997, c. 316, §3 (NEW).]

12. Enforcement. The commission through its own counsel or through the Attorney General may apply to the Superior Court of any county of the State to enforce any lawful order made or action taken by the commission pursuant to this section. The court may issue such orders, preliminary or final, as it considers proper under the facts established before it. [PL 1997, c. 316, §3 (NEW).]

13. Notice to Attorney General. If the commission has reason to believe that a competitive electricity provider, 3rd-party sales agent or transmission and distribution utility has violated any provision of law for which criminal prosecution is provided and would be in order or any antitrust law of this State or the United States, the commission shall notify the Attorney General. The Attorney General shall promptly institute any actions or proceedings the Attorney General considers appropriate. [PL 2021, c. 108, §5 (AMD).]

13-A. Investigation. The commission may investigate any matter relating to the provision of service by a competitive electricity provider or the actions of a 3rd-party sales agent undertaking the retail sale or marketing of electricity on behalf of a provider pursuant to this chapter. In conducting an investigation under this subsection, the commission shall use the procedures established under section 1303, subsection 2 . [PL 2021, c. 108, §5 (AMD).]

14. Disconnection restricted. A transmission and distribution utility may not disconnect service to a consumer due to nonpayment of generation charges or any other dispute with a competitive electricity provider, except that the commission may permit disconnection of electric service to consumers of electricity based on nonpayment of charges for standard-offer service provided under section 3212 . [PL 1997, c. 316, §3 (NEW).]

15. Standard billing. The commission shall consider requiring standard billing information on bills for electric power service. If standard billing information is required, the commission shall investigate the possibility of adopting standards consistent with other New England states. The commission may not prohibit transmission and distribution utilities from contracting with generation service providers to include both entities' charges on a single bill. The commission may not preclude the inclusion of other information on bills for electric power service. [PL 1997, c. 316, §3 (NEW).]

16. Access to load data. Upon request from a competitive electricity provider, the commission shall provide load data on a class basis that is in the possession of a transmission and distribution utility, subject to reasonable protective orders to protect confidentiality, if considered necessary by the commission. [PL 1997, c. 316, §3 (NEW).]

16-A. Customer information. A transmission and distribution utility may not release any customer-specific information to a licensed competitive electricity provider unless the provider produces sufficient evidence, as defined by the commission by rule, that the provider has obtained the customer's authorization. [PL 1999, c. 237, §1 (NEW).]

17. Rules. Except as otherwise provided in this section, rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 108, §5 (AMD).]

18. Confidentiality of consumer information. Information concerning customers of a competitive electricity provider or customers contacted or enrolled by any of its 3rd-party sales agents is subject to the same confidentiality protections afforded utility customer information under section 704, subsection 5 . [PL 2021, c. 108, §5 (AMD).]
35-A M.R.S. § 108-A — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 108-A
35-A §108-A. Commission action; quorum; notice
Status: in_force

A majority of the duly appointed commissioners constitutes a quorum and the act or decision of a majority of commissioners present, if at least a quorum is present, is the act or decision of the commission in any formal proceeding before the commission. [PL 1993, c. 36, §2 (NEW).]

Notwithstanding Title 1, section 406 , the commission is required to give notice of public proceedings only if the commission will deal with the expenditure of public funds or if the commission will make any of the following decisions in proceedings before it: a decision to initiate rulemaking or to adopt or modify a rule pursuant to Title 5, chapter 375, subchapter II ; a decision making an advisory ruling pursuant to Title 5, chapter 375, subchapter III ; a decision to commence an adjudicatory proceeding, an interim decision in an adjudicatory proceeding that will affect the substantive or procedural rights of any party, or a final decision at the conclusion of an adjudicatory proceeding, all pursuant to Title 5, chapter 375, subchapter IV ; or a decision in any other proceeding pursuant to this Title or the commission's rules that requires commission approval or decision. In addition, if the commission is participating as a party in a proceeding before a federal agency and the commission will adopt a position in that federal proceeding, the commission shall give to other parties from the State who are participating in the federal proceeding notice of the public proceeding at which the commission may adopt that position. [PL 1993, c. 36, §2 (NEW).]
35-A M.R.S. § 502 — ME Code / Title 35-A / Part 1 / Chapter 5 / Section 502
35-A §502. Forms
Status: in_force

1. Forms of books and records. The commission shall prescribe the forms of all books, accounts, papers and records required to be kept. Every public utility shall keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the commission and shall comply with all directions of the commission relating to its books, accounts, papers and records. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Utilities with no property in the State. The requirements of this section do not apply to a public utility having no property located within this State. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Blank forms furnished. The commission shall prepare suitable blank forms for carrying out the purposes of this Title and shall, when necessary, furnish them to each public utility. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 8902 — ME Code / Title 35-A / Part 7 / Chapter 89 / Section 8902
35-A §8902. Central office code conservation
Status: in_force

To the extent permitted under federal law, the commission may exercise jurisdiction, control and regulation over mobile telecommunications services for the purpose of implementing central office code conservation measures. [PL 1999, c. 60, §3 (NEW).]
35-A M.R.S. § 1909-A — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1909-A
35-A §1909-A. Regional natural gas monitoring; commission intervention
Status: in_force

1. Federal Energy Regulatory Commission proceedings. The commission shall: A. Monitor proceedings at the Federal Energy Regulatory Commission related to interstate natural gas transportation capacity in New England and the Northeast; and [PL 2023, c. 222, §2 (NEW).] B. If the commission believes that intervention and participation in a proceeding described in paragraph A will best represent the interests of the State's electric and gas ratepayers, intervene and participate in the proceeding and seek to achieve a result that will ensure the lowest possible natural gas and electricity prices for consumers in the State. [PL 2023, c. 222, §2 (NEW).] [PL 2023, c. 222, §2 (NEW).]

2. Report. By December 31st of any year in which the commission has intervened and participated in a proceeding pursuant to subsection 1, paragraph B , the commission shall submit a report to the joint standing committee of the Legislature having jurisdiction over energy and utility matters summarizing its participation. [PL 2023, c. 222, §2 (NEW).]
35-A M.R.S. § 314 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 314
35-A §314. Private line extensions
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Line" means an electric distribution line, including poles and other related structures. [PL 2001, c. 201, §1 (NEW).] [PL 2001, c. 201, §1 (NEW).]

2. Standards for private lines. The commission shall by rule establish standards for the construction of a line by a person other than a transmission and distribution utility. The rules: A. Must establish standards for the construction of lines. The commission may establish different standards in different transmission and distribution utility territories. The standards must be the same as the standards that would apply if the transmission and distribution utility in whose territory the line is constructed built the line unless there are compelling public safety reasons for applying different standards. If these standards and any other reasonable conditions established by the commission are met, a transmission and distribution utility may not refuse to connect the line to the utility's system or to deliver energy over the line; [PL 2001, c. 201, §1 (NEW).] B. Must establish terms and conditions for transferring the ownership of a line to a transmission and distribution utility. The rules may establish a requirement that certain types of lines, lines under certain conditions, or lines in certain locations, such as lines located in the public way, must be transferred to the transmission and distribution utility; and [PL 2001, c. 201, §1 (NEW).] C. May require that a person that is not a transmission and distribution utility that constructs a line meet minimum qualifications established or approved by the commission. [PL 2001, c. 201, §1 (NEW).] [PL 2001, c. 201, §1 (NEW).]

3. Apportionment of costs of line extensions. The commission shall adopt rules establishing requirements for apportioning the costs of a single-phase overhead line extension among persons who take service through the line after the construction of the line. The commission may provide for exemptions from the apportionment methodology established by the commission for any transmission and distribution utility that petitions the commission for an exemption and establishes to the satisfaction of the commission that the transmission and distribution utility's apportionment methodology adequately serves the public interest and balances competing interests of customers. [PL 2001, c. 201, §1 (NEW).]

4. Lines constructed in the public way. Nothing in this section or rules adopted under this section limits the application of section 2305‑B to any line constructed in a public way. [RR 2001, c. 1, §44 (COR).]

5. Submission of rules. Rules adopted pursuant to this section are major substantive rules as defined in Title 5 chapter 375, subchapter II‑A and must be submitted to the Legislature for review no later than February 1, 2002. [PL 2001, c. 201, §1 (NEW).]
35-A M.R.S. § 301 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 301
35-A §301. Safe facilities; just and reasonable rates
Status: in_force

1. Facilities. Every public utility shall furnish safe, reasonable and adequate facilities and service. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1-A. Minimum service standards and report card for transmission and distribution utilities. The commission shall adopt rules for utilities with over 50,000 customers in accordance with this subsection governing the evaluation of transmission and distribution utility service, which must take into account the specific characteristics of each utility and its service territory. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . A. The rules must include specific, quantitative metrics pertaining to utility operations and activities relating to each of the following categories: (1) Service quality, including but not limited to reliability of service and timeliness of restoring service after outages; (2) Customer service, including but not limited to timeliness and accuracy of bills; (3) Field services, including but not limited to communication with and responsiveness to municipalities, businesses and individuals; and (4) Distributed energy resources interconnection. [PL 2021, c. 702, §1 (NEW).] B. The commission shall consider the cost impacts and benefits to ratepayers when establishing each service standard and metric pursuant to paragraph A and shall ensure that the performance of each service standard and metric may be measured using reliable and objective methods and information. [PL 2021, c. 702, §1 (NEW).] C. The commission shall set reporting requirements for each metric, including data specifications and reporting periods, adequate to track progress in areas of performance. [PL 2021, c. 702, §1 (NEW).] D. The commission shall designate service standards based on thresholds of performance. [PL 2021, c. 702, §1 (NEW).] E. For each service standard, the commission shall require quarterly filing of quantifiable data sufficient for the commission to calculate and publish a quantitative score for the service standard. [PL 2021, c. 702, §1 (NEW).] F. Annually, the commission shall evaluate the data provided by a transmission and distribution utility in accordance with paragraph E for the prior calendar year to determine if the standards established by the commission pursuant to this section have been met. [PL 2021, c. 702, §1 (NEW).] G. The commission shall impose administrative penalties for designated thresholds of poor performance for service standards in accordance with section 1508‑A, subsection 1, paragraph E unless the utility demonstrates good cause for its failure to meet the standard. [PL 2021, c. 702, §1 (NEW).] H. The commission shall publish quarterly reports containing scores for each service standard for each utility. [PL 2021, c. 702, §1 (NEW).] I. The commission may audit the data reported by a utility for each standard. [PL 2021, c. 702, §1 (NEW).] Nothing in this subsection prohibits the commission from establishing service quality standards for transmission and distribution utilities with fewer than 50,000 customers. [PL 2021, c. 702, §1 (NEW).]

2. Rates. The rate, toll or charge, or any joint rate made, exacted, demanded or collected by any public utility for production, transmission, delivery or furnishing of electricity, gas, heat or water; for communications service; or for transportation of persons or property within this State or for any service rendered or to be rendered in connection with any public utility, shall be just and reasonable. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Unreasonable rates prohibited. Every unjust or unreasonable charge for public utility service is prohibited and declared unlawful. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Determining rates. In determining just and reasonable rates, the commission: A. Shall provide such revenues to the utility as may be required to perform its public service and to attract necessary capital on just and reasonable terms; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Shall, to a level within the commission's discretion, consider whether the utility is operating as efficiently as possible and is utilizing sound management practices, including the treatment in rates of executive compensation. [PL 1993, c. 506, §1 (AMD).] [PL 1993, c. 506, §1 (AMD).]

5. Transmission and distribution utility report required; audits. If the commission has not made a rate determination within the preceding 5 years for a transmission and distribution utility that serves more than 50,000 customers, the utility shall submit a report to the commission that includes a comparison of the utility's actual costs with cost estimates used in the utility's most recent rate case to set rates. Upon a finding of the commission that there was a difference of more than 10% between the transmission and distribution utility's actual costs and estimated costs, the commission may: A. Require an audit of the transmission and distribution utility in accordance with section 113 ; or [PL 2021, c. 702, §2 (NEW).] B. Disallow cost recovery in the transmission and distribution utility's future rate cases. [PL 2021, c. 702, §2 (NEW).] This subsection takes effect January 15, 2024. [PL 2021, c. 702, §2 (NEW).]

6. Investor-owned transmission and distribution utility expenditures; comparison. No later than November 1, 2022, the commission shall initiate a proceeding to conduct a detailed comparison of the annual expenditures of each investor-owned transmission and distribution utility in the State with the annual expenditures of other comparable investor-owned transmission and distribution utilities located in the United States. When conducting this analysis, the commission shall identify specific categories in which spending by an investor-owned transmission and distribution utility significantly deviated from those expenditures of comparable investor-owned transmission and distribution utilities. The commission may use the results of this analysis in future rate cases involving an investor-owned transmission and distribution utility. The commission may undertake a new comparison or update an existing one in accordance with this subsection at any time the commission determines is necessary. For purposes of this subsection, a comparable investor-owned transmission and distribution utility is one that provides electricity delivery in a service territory in a northern climate that is primarily wooded and includes urban and rural areas. [PL 2021, c. 702, §3 (NEW).]
35-A M.R.S. § 1309 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1309
35-A §1309. Adjustment of excessive rates
Status: in_force

1. Complaint. The Commission may institute or any public utility may make complaint as to any matter affecting its own product, service or charges, with like effect as though made by any 10 persons, firms, corporations or associations. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Reparation or adjustment where utility admits excessive rate. The commission may authorize reparation or adjustment where the utility admits that a rate charged was excessive or unreasonable or collected through error, and where it further appears that the utility, within 90 days after the rendering of any service within the State under such rate, has filed a reduced rate in place of the rate which admittedly was excessive or unreasonable or collected through error. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Reduced rates; amount of reparation. The reduced rate published in accordance with this section shall continue in force one year unless sooner changed by the order or with the consent of the commission, and the amount of reparation which may be authorized by the commission shall not exceed the difference between the charges based on the reduced rate and the charges based on the rate canceled by the reduced rate. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Statute of limitations for complaints brought under this section. Within 2 years after the rendering of any service within the State by a public utility, for which service a rate, toll or charge is made by the utility, a person aggrieved may complain to the commission that the rate, toll or charge exacted for the service is unjustly discriminatory against that person, either because it is higher than that charged by the same utility for the same service or service of similar value and cost rendered to other users or consumers, or because the utility has failed, without reasonable cause, to make a more favorable rate, toll or charge published by it for the same or similar service applicable to the user or consumer or to the class of users or consumers to which that person belongs, or at the place at which the service is rendered. [RR 2021, c. 1, Pt. B, §397 (COR).]

5. Complaint received within 6 months after reparation or adjustment ordered. Within 6 months after an order has been made authorizing reparation or adjustment under subsections 2 and 3 , any person aggrieved may complain to the commission that the person is entitled to reparation from the same utility because the person paid the rates that the utility admits are excessive or unreasonable or collected through error, provided the utility might lawfully have made the reparation on its own petition, and provided the person has made a written request for the utility to file its own petition for authority to make the reparation or adjustment not less than 30 days before filing a complaint with the commission. [PL 2011, c. 420, Pt. A, §33 (AMD).]

6. Commission investigation to determine whether to hold a hearing. Upon receipt of a complaint, the commission shall investigate as it determines necessary to determine whether a hearing ought to be held. [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Notice of hearing. The commission may order a hearing upon such notice to the utility as it determines just and reasonable. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Commission decision after hearing; refund. If, after the hearing, the commission decides that the complainant has been injured by paying rates which the utility admits are excessive, unreasonable or collected through error, it shall determine the sum that the utility ought to refund or repay to the complainant, which sum the utility has the right to refund. [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Utility refusal or neglect to make refund; court action. If the utility refuses or neglects to make the refund within 30 days, the party aggrieved may maintain an action in the courts of the State to recover the amount. In the trial the findings of the commission are prima facie evidence of the truth of the facts found by it, and no utility may avail itself of the defense of the action that the service involved was in fact made on the published schedule rate in force at the time it was rendered. [PL 1995, c. 254, §4 (AMD).]

10. Utility that complies may not be held liable. No utility making a refund upon the order of the commission or pursuant to judgment of the court may be liable for any penalty or forfeiture or subject to any prosecution under the laws of this State on account of making the refund. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4131 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4131
35-A §4131. Creation of Maine Municipal and Rural Electrification Cooperative Agency
Status: in_force

1. Establishment. The Maine Municipal and Rural Electrification Cooperative Agency, as established pursuant to Title 5, chapter 379 , is a body politic and corporate and political subdivision of the State with the duties and powers set forth in this chapter. The agency is constituted as a public instrumentality and as a quasi-municipal corporation, and the exercise by the agency of the powers conferred by this chapter is held to be the performance of public and essential governmental functions of the State. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Powers. The powers of the agency shall be exercised by a board of directors. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Appointment of directors. Directors shall be appointed as follows. A. The governing body or board of directors of any municipality and the board of trustees or directors of any cooperative shall each select a single director to serve on the board, provided that no director may be selected by more than one cooperative or municipality. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The Governor shall also appoint as a member a person who is not affiliated with any municipality or cooperative, as defined in section 4103, subsection 5 , to represent the general public. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. The Director of the Governor's Energy Office, or another employee of that office, as the director may from time to time designate in writing filed with the clerk of the agency, shall serve as a member of the board of directors. [PL 2011, c. 655, Pt. MM, §17 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).] [PL 2011, c. 655, Pt. MM, §17 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).]

4. Oath. Each director, before entering upon that director's duties, shall take and subscribe an oath to perform the duties of office faithfully, impartially and justly to the best of that director's ability. A record of the oaths must be filed in the office of the Secretary of State. [RR 2021, c. 1, Pt. B, §421 (COR).]

5. Term. Directors serve for terms of 5 years each. The terms end on July 1st each year as follows: Two in 1982 and every 5 years thereafter; 2 in 1983 and every 5 years thereafter; 2 in 1984 and every 5 years thereafter; 2 in 1985 and every 5 years thereafter; and the balance if any in 1986 and every 5 years thereafter. Each director holds office until that director's successor is appointed and qualified. A director is eligible for reappointment. [RR 2021, c. 1, Pt. B, §422 (COR).]

6. Vacancy. Any vacancy in the office of director occurring other than by expiration of term shall be filled by a successor director, who shall serve for the remaining term of office so vacated. [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Removal. Each director may be removed from office by the Governor for cause, after a public hearing, and may be suspended by the Governor pending the completion of the hearing. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Quorum. A majority, but not less than 3, of the directors then in office constitutes a quorum for the transaction of any business or the exercise of any power of the agency. Action may be taken and motions and resolutions adopted by the agency at any meeting by the affirmative vote of a majority of directors of the agency then in office. No vacancy in the office of director of the agency may impair the right of a quorum of the directors to exercise all powers and take any action. [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Bylaws. The board of directors of the agency shall adopt bylaws or other rules and regulations for the management of the affairs of the agency and carrying out the purposes of this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

10. Officers. The board of directors shall also elect one of its member directors as chair of the agency and shall also elect a treasurer and secretary who may be, but need not be, directors. It may elect other officers and agents as necessary to perform those acts commonly delegated to the officers and agents of a business corporation and shall set their compensation. [RR 2021, c. 1, Pt. B, §423 (COR).]

11. Voting; conflict of interest. A director or officer of the agency who is also an officer, employee or member of a legislative body of a municipality or other public body or the State may not be precluded from voting or acting on behalf of the agency on a matter involving the municipality or public body or the State. Neither shall service as a director or officer of the agency constitute a conflict of interest for an officer, employee or member of a municipality or public body or the State. [PL 1987, c. 141, Pt. A, §6 (NEW).]

12. Agency existence. The agency and its existence shall continue as long as it has notes, bonds or other obligations or indebtedness outstanding, including notes, bonds or other obligations or indebtedness issued or incurred, and until its existence is terminated by law. The net earnings of the agency, beyond that necessary for retirement of its notes, bonds or other obligations or indebtedness or to implement the public purposes and programs authorized in this chapter, may not inure to the benefit of any person other than the State. Upon termination of the existence of the agency, title to all of the property owned by the agency, including any net earnings of the agency, shall vest in the State. The State reserves the right at any time to alter, amend, repeal or otherwise change the structure, organization, programs or activities of the agency, including the power to terminate the agency, subject to any limitation on the impairment of the obligation of any contract entered into by the agency. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 5104 — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5104
35-A §5104. Exceptions for ferries carrying commodities in bulk
Status: in_force

Nothing in this Part applies to the transportation of commodities in bulk. This exception applies only in case of commodities in bulk which are loaded and carried without wrappers or containers and received and delivered without transportation mark or count, except that carriers of petroleum fuels in bulk may also transport other products and accessories integral to the operation of motor vehicles and boats when they are included as part of the bulk shipment. The transportation of a commodity in motor vehicles, whether commercial or privately owned, upon a vessel may not be construed as a bulk movement of those commodities. [PL 1987, c. 475, §2 (AMD).]
35-A M.R.S. § 3486 — ME Code / Title 35-A / Part 3 / Chapter 34-C / Section 3486
35-A §3486. Shared distributed generation resources procurement
Status: in_force

1. Procurement amounts. By July 1, 2024, the commission shall procure 250 megawatts of the output of shared distributed generation resources by conducting an initial competitive solicitation for the first block of 50 megawatts pursuant to section 3484 to establish market‑based, declining block contract rates to procure the remaining 200 megawatts. [PL 2019, c. 478, Pt. B, §1 (NEW).]

2. Payment and minimum subscription. The project sponsor and subscribers of a distributed generation resource that receives a contract under this section must receive the contract rate for the output of a shared distributed generation resource that is fully subscribed. For any portion not subscribed, the project sponsor must receive the wholesale rate obtained by the standard buyer for resale of the shared distributed generation resource output. Requirements for minimum subscriptions include: A. At least 50% of the total nameplate capacity of a shared distributed generation resource must be subscribed by subscriptions of 25 kilowatts or less or at least 20% of the total nameplate capacity must be subscribed by subscriptions of 25 kilowatts or less if subscriptions from a municipality or units of municipal government account for more than 30% of the total nameplate capacity, unless subscriptions from a municipality or units of municipal government account for more than 50% of the total nameplate capacity of a shared distributed generation resource; and [PL 2019, c. 478, Pt. B, §1 (NEW).] B. At least: (1) Ten percent of the total nameplate capacity of a shared distributed generation resource must be subscribed by households with low or moderate income or by organizations serving households with low or moderate income if the subscriptions serve to directly reduce the electricity costs for households with low or moderate income; or (2) If a municipality or unit of municipal government accounts for more than 50% of the subscriptions to a shared distributed generation resource, 5% of the total nameplate capacity of the shared distributed generation resource must be subscribed by households with low or moderate income or by organizations serving households with low or moderate income if the subscriptions serve to directly reduce the electricity costs for households with low or moderate income. [PL 2019, c. 478, Pt. B, §1 (NEW).] Subscriptions from municipalities or units of municipal government may not account for more than 70% of the nameplate capacity of a shared distributed generation resource. For the purposes of this subsection, "household with low or moderate income" means a household that provides proof of participation in a utility, municipal, state or federal income‑based assistance program or a household that provides proof of household income up to 80% of the median income for the county or metropolitan area where the household is located. [PL 2019, c. 478, Pt. B, §1 (NEW).]

3. Determination of subscriber bill credit. The bill credit allocated to each subscriber from a shared distributed generation resource must be based on the subscriber's percentage interest of the total production of the shared distributed generation resource for the previous month. For each billing month, the value of the credit allocated to a subscriber must be calculated by multiplying the number of kilowatt‑hours constituting the subscriber's share by the contract rate. On a monthly basis, the project sponsor shall provide to the investor‑owned transmission and distribution utility in a standardized and electronic format a list of subscribers and subscriber information required to calculate the bill credit to be provided to each subscriber. A credit to a subscriber must be applied against the subscriber's monthly electricity bill in accordance with section 3487 no later than one billing month following the month during which the energy was generated by the shared distributed generation resource. The investor‑owned transmission and distribution utility shall provide a monthly record to the project sponsor of the credit applied to a subscriber within a month after the credits are applied to the subscriber's bill. The monthly output available for allocation as subscribed or unsubscribed energy must be determined by a revenue‑grade meter installed and paid for by the project sponsor. [PL 2019, c. 478, Pt. B, §1 (NEW).]

4. Exemption. A project sponsor or subscriber is not considered a public utility or competitive electricity provider solely as a result of the project sponsor's or subscriber's interest or participation in a shared distributed generation resource. [PL 2019, c. 478, Pt. B, §1 (NEW).]

5. Renewable energy credits. Prior to a project sponsor's entering into a contract with a subscriber under this section, the commission shall provide to the sponsor a standard disclosure to be distributed by the sponsor to all participating subscribers that describes the effect of selling the renewable attributes of exported electricity to the standard buyer and explains how a subscriber may participate in the voluntary renewable energy credit market. The commission shall establish a mechanism to allow a subscriber with a share of less than 25 kilowatts to purchase renewable energy credits up to the amount of and of a substantially equivalent type to that which the subscriber has sold to the standard buyer at a price equal to 80% of market value. [PL 2019, c. 478, Pt. B, §1 (NEW).]

6. Consumer protection. The commission shall establish by rule consumer protection standards to protect subscribers from fraud and other unfair and deceptive business practices. The commission may impose administrative penalties under chapter 15 upon a project sponsor and may order restitution for any party injured by a violation for which a penalty may be assessed pursuant to chapter 15 . The commission through its own counsel or through the Attorney General may apply to the Superior Court of any county of the State to enforce any lawful order made or action taken by the commission pursuant to this subsection, and the court may issue any preliminary or final order that the court determines proper. [PL 2019, c. 478, Pt. B, §1 (NEW).]

7. Disclosures. Prior to the sale or resale of a subscription in a shared distributed generation resource or proposed shared distributed generation resource, a project sponsor selling or reselling the subscription shall provide a disclosure to potential subscribers that includes the following: A. A good faith estimate of the annual kilowatt-hours to be delivered by the shared distributed generation resource based on the size of the subscriber's interest; [PL 2019, c. 478, Pt. B, §1 (NEW).] B. A plain language explanation of the terms under which the bill credit under section 3487 will be calculated; [PL 2019, c. 478, Pt. B, §1 (NEW).] C. A plain language explanation of the contract provisions regulating the disposition or transfer of the subscription; and [PL 2019, c. 478, Pt. B, §1 (NEW).] D. A plain language explanation of the costs and benefits to the potential subscriber, based on the subscriber's current usage for the term of the proposed contract. [PL 2019, c. 478, Pt. B, §1 (NEW).] The commission may establish a standard disclosure to be provided to potential subscribers by a project sponsor to disclose the information under this subsection and other information as the commission determines necessary to protect the interests of potential subscribers. [PL 2019, c. 478, Pt. B, §1 (NEW).]

8. Transfer of subscriptions. A subscriber may transfer or assign a subscription to the associated project sponsor or to any person or entity that qualifies to be a subscriber in the shared distributed generation resource. A project sponsor must provide a process for assignment or transfer of a subscription. A project sponsor may not impose transfer fees on a subscriber that moves to a different location within the same utility service territory. [PL 2019, c. 478, Pt. B, §1 (NEW).]

9. Project sponsor report. One year after commercial operation of a shared distributed generation resource commences, the project sponsor must submit to the commission a report detailing compliance with this subsection and subsections 3 , 5 , 7 and 8 . [PL 2019, c. 478, Pt. B, §1 (NEW).]
35-A M.R.S. § 6805 — ME Code / Title 35-A / Part 6 / Chapter 68 / Section 6805
35-A §6805. Bylaws
Status: in_force

A regional water council shall adopt bylaws designating the officers of the council and providing for the conduct of its business. [PL 2005, c. 209, §1 (NEW).]
35-A M.R.S. § 124 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 124
35-A §124. Post-term employment restrictions; commissioners
Status: in_force

1. Definition. As used in this section, "employment" means any full-time or part-time work performed for compensation and includes, but is not limited to, consulting and membership on a board. [PL 2025, c. 406, §1 (NEW).]

2. Prohibitions. An individual serving as a commissioner on or appointed to serve as a commissioner on or after December 15, 2025 may not, until 12 months after the completion of the commissioner's service in accordance with section 105, subsection 2 : A. Solicit employment with or accept employment from a public utility in the State; or [PL 2025, c. 406, §1 (NEW).] B. Appear before the commission for compensation in a commission proceeding on behalf of a person. [PL 2025, c. 406, §1 (NEW).] [PL 2025, c. 406, §1 (NEW).]

3. Penalties. An individual who violates this section is subject to a civil penalty not to exceed $1,000 per occurrence, payable to the State. [PL 2025, c. 406, §1 (NEW).]

4. Enforcement. The Office of the Attorney General may investigate alleged violations of this section and bring an action for a violation of this section. [PL 2025, c. 406, §1 (NEW).]
35-A M.R.S. § 4372 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4372
35-A §4372. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Construction. "Construction" means the installation of permanent equipment or structures. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. High-level radioactive waste. "High-level radioactive waste" means the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from that liquid waste that contains fission products in sufficient concentrations; and other highly radioactive material that the United States Nuclear Regulatory Commission, consistent with existing law, determines by rule to require permanent isolations. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Nuclear power plant. "Nuclear power plant" means a nuclear fission thermal power plant. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Technology or means for the disposal of high-level nuclear waste. "Technology or means for the disposal of high-level nuclear waste" means a method for the permanent and terminal disposal of high-level nuclear waste. It does not necessarily require that facilities for the application of such technology and means be available at the time the commission makes its findings. This disposition does not necessarily preclude the possibility of an approved process for retrieval of such waste. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6104 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6104
35-A §6104. Municipal and quasi-municipal water utilities subject to suspension, investigation, hearing and rate substitution
Status: in_force

1. Application of this section. Notwithstanding section 310 , any consumer-owned water utility that proposes to increase or decrease rates, tolls or charges may elect to set rates pursuant to this section. [PL 1995, c. 255, §7 (AMD).]

2. Utilities that elect to set rates under this section. Consumer-owned water utilities that elect to set rates under this section may not increase or decrease any rate, toll or charge without first holding a public hearing at which the Public Advocate and any customer may testify and may question the officials present regarding the proposed rate change. [PL 1995, c. 255, §8 (AMD).]

3. Notice of proposed rate change and hearing. The consumer-owned water utility shall, at least 14 days prior to the hearing, provide notice of the proposed rate change and the date, time, place and purpose of the hearing to its customers in a manner prescribed by the commission. Any such notice must include a statement describing the amount of the rate change and the percentage change for each customer class, the customer's right to request information relating to the present and proposed rates, the right to an open and fair hearing and the right to further hearings before the commission, and the availability of assistance from the Public Advocate. Any such notice must inform customers that they can petition the commission to investigate the proposed rate change and must include a statement that signatures on petitions filed pursuant to subsection 7 are invalid unless accompanied by the printed names and addresses of the signers. Any such notice must also inform customers that the utility will, upon request, provide customers with petition forms that include space for signatures and the printed names and addresses of the signers. Copies of all notices must be sent to the commission and the Public Advocate at least 14 days prior to the hearings. [PL 2023, c. 325, §3 (AMD).]

4. Notice that rate change may be investigated by commission. At the commencement of each hearing held pursuant to this section, the consumer-owned water utility shall inform those present that the rate change may be investigated by the commission in accordance with this section and that petitions filed pursuant to subsection 7 must bear the signatures and the printed names and addresses of the signers. Upon request, the utility shall provide customers with petition forms that include space for signatures and the printed names and addresses of the signers. [PL 1995, c. 255, §10 (AMD).]

4-A. Supporting materials. The water utility shall file a copy of all materials supporting the proposed rate change with the commission and the Public Advocate, at least 30 days prior to the hearing. A copy of all material supporting the proposed rate change shall be made available to customers for examination at the offices of the utility for at least 30 days prior to the hearing. The utility shall promptly provide any readily available relevant additional material or information requested by a customer, the commission or the Public Advocate. [PL 1995, c. 255, §11 (AMD).]

5. Filing changed rates. The water utility shall file its changed rates with the commission within 30 days of the public hearing, but not sooner than 10 days following the public hearing. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Effective date established for rate change. Subject to the notice and waiver requirements of section 307 , water utilities electing to set rates under this section may establish an effective date for a rate change of at least one month, but not more than 9 months, from the date the rates are filed with the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Authority to investigate rate changes. If, within 30 days of the public hearing, 15% of the customers of the consumer-owned water utility or 1,000 customers, whichever is less, file with the treasurer of the utility and with the commission petitions demanding a review of the rate changes by the commission, the rate change may be suspended, investigated, reviewed and changed in accordance with section 310 , except that if a rate increase is more than 50% of the utility's annual operating revenues, the required number of petitions is 15% of the customers of the consumer-owned water utility or 500 customers, whichever is less. No suspension order issued by the commission pursuant to section 310 is effective for a period greater than 9 months from the date the rate changes were filed. [PL 1991, c. 52, §2 (AMD).]

8. Procedure for suspension of rate change. If the number of signatures on the petitions is 1,000 or if the number of signatures on the petitions equals or exceeds 15% of the customers indicated on the water utility's most recent annual report on file with the commission, the commission may suspend the rate change pursuant to section 310 . The commission shall notify the water utility of the suspension. [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Water utility may challenge petitions. A consumer-owned water utility has 10 days from receipt of notice to notify the commission and the lead petitioner whether it intends to contest any aspect of the validity of the petitions, after which it loses that right. If the utility intends to challenge the validity of individual signatures on the petitions, it must identify, in its notice to the commission and lead petitioner, the specific signatures it is challenging and state the grounds for challenging each signature it believes is invalid. When the utility files its notice of intent to challenge the validity of the petitions, the utility shall provide the commission and the lead petitioner with a list of its customers. If the water utility notifies the commission in a timely fashion that it wishes to contest the validity of the petitions, the commission shall schedule a hearing. It shall hold the hearing and issue its decision on the validity of the petitions within 30 days of notification by the water utility that it intends to contest the validity of the petitions. If the commission finds the petitions to be invalid, it shall lift its order of suspension. For the purposes of this section, "customer" means, in the case of residential accounts, any one adult residing in a household where the utility's service is provided and, in the case of all other accounts where the utility's service is provided, a corporate officer, a partner or a proprietor. No more than one person may sign on behalf of an account. No person may sign on behalf of more than one account unless the person is a customer at each account. Signatures on petitions filed pursuant to subsection 7 are valid only if accompanied by the printed names and addresses of the signers. If a petition filed pursuant to subsection 7 bears a sufficient total number of signatures but an insufficient number of printed names and addresses of the signers, the lead petitioner has 7 days from receipt of notice of the utility's challenge to cure the invalidity. If the utility's only challenge to a petition relates to the absence of printed names or addresses of the signers of the petition and the lead petitioner cures the invalidity as provided in this subsection, the commission is not required to hold a hearing under this subsection. [PL 1993, c. 589, §11 (AMD).]

10. Review of rates under section 310. Nothing in this section prohibits a consumer-owned water utility from petitioning the commission for review pursuant to section 310 . [PL 2023, c. 325, §4 (AMD).]

11. Correction of errors. Upon review of a rate filing made pursuant to this section, the commission may order the municipal or quasi-municipal water utility to correct mathematical or clerical errors. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10109 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10109
35-A §10109. Regional Greenhouse Gas Initiative Trust Fund
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Carbon dioxide allowance" has the same meaning as in Title 38, section 580‑A, subsection 2 . [PL 2009, c. 372, Pt. B, §3 (NEW).] B. "Trade association aggregator" means an entity that gathers individual members of a trade association together for the purpose of receiving electrical efficiency services or bidding on electrical efficiency contracts. [PL 2009, c. 372, Pt. B, §3 (NEW).] C. "Trust fund" means the Regional Greenhouse Gas Initiative Trust Fund established in subsection 2 . [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]

2. Establishment of Regional Greenhouse Gas Initiative Trust Fund. The Regional Greenhouse Gas Initiative Trust Fund is established and is the successor to the fund that was established under former section 10008 . The trust fund is established to support the goals and implementation of the carbon dioxide cap-and-trade program established under Title 38, section 580‑B . The trust fund is established as a nonlapsing fund administered by the trust for the purposes established in this section. The trust is authorized to receive, and shall deposit in the trust fund and expend in accordance with this section, revenue resulting from the sale of carbon dioxide allowances, pursuant to Title 38, section 580‑B, and any forward capacity market or other capacity payments from the regional transmission organization that may be attributable to projects funded by the trust under this section. The trust fund may not be used for any other purpose and money in the trust fund is considered to be held in trust for the purposes of benefiting consumers. A. The trustees have a fiduciary duty to the customers of the State's transmission and distribution utilities in the administration of the trust fund. Upon accepting appointment as a trustee, each trustee must acknowledge the fiduciary duty to use the trust fund only for the purposes set forth in this section. [PL 2009, c. 372, Pt. B, §3 (NEW).] B. The trustees shall ensure that the goals and objectives of the trust fund, as established in this section and in rules adopted by the trust, are carried out. The trustees shall represent the interests of the trust fund in the development of the triennial plan. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]

3. Ceiling on energy efficiency spending. [PL 2013, c. 369, Pt. A, §14 (RP).]

3-A. Payments. [PL 2021, c. 716, §1 (RP).]

4. Expenditures; projects. Except for other costs authorized in accordance with this chapter, funds in the trust fund must be expended in accordance with this subsection. A. Trust funds must be allocated for measures, investments, loans, technical assistance and arrangements that reduce electricity consumption, increase energy efficiency or reduce greenhouse gas emissions and lower energy costs at commercial or industrial facilities and for investment in measures that lower residential heating energy demand and reduce greenhouse gas emissions. The measures that lower residential heating demand must be fuel-neutral and may include, but are not limited to, energy efficiency improvements to residential buildings, energy storage systems and upgrades to efficient heating systems that will reduce residential energy costs and greenhouse gas emissions, as determined by the board. The trust shall ensure that measures to reduce the cost of residential heating are available for low-income households as defined by the trust. When promoting electricity cost and consumption reduction, the trust may consider measures at commercial and industrial facilities that also lower peak capacity demand, including energy storage systems. Subject to the apportionment pursuant to this subsection, the trust shall fund conservation programs that give priority to measures with the highest benefit-to-cost ratio, as long as cost-effective collateral efficiency opportunities are not lost, and that: (1) Reliably reduce greenhouse gas production and heating energy costs by fossil fuel combustion in the State at the lowest cost in funds from the trust fund per unit of emissions; or (2) Reliably increase the efficiency with which energy in the State is consumed at the lowest cost in funds from the trust fund per unit of energy saved. [PL 2021, c. 298, §3 (AMD).] B. Expenditures from the trust fund relating to conservation of electricity and mitigation or reduction of greenhouse gases must be made predominantly on the basis of a competitive bid process for long-term contracts, subject to rules adopted by the board under section 10105 . Rules adopted by the board to implement the competitive bid process under this paragraph may not include an avoided cost methodology for compensating successful bidders. Bidders may propose contracts designed to produce greenhouse gas savings or electricity conservation savings, or both, on a unit cost basis. Contracts must be commercially reasonable and may require liquidated damages to ensure performance. Contracts must provide sufficient certainty of payment to enable commercial financing of the conservation measure purchased and its installation. [PL 2009, c. 372, Pt. B, §3 (NEW).] C. The board may target bid competitions in areas or to participants as they consider necessary, as long as the requirements of paragraph A are satisfied. [PL 2009, c. 372, Pt. B, §3 (NEW).] D. Community-based renewable energy projects, as defined in section 3602, subsection 1 , may apply for funding from the trust to the extent they are eligible under paragraph A . [PL 2013, c. 369, Pt. A, §16 (AMD).] E. The size of a project funded by the trust fund is not limited as long as funds are awarded to maximize energy efficiency and support greenhouse gas reductions and to fully implement the triennial plan. [PL 2009, c. 372, Pt. B, §3 (NEW).] F. No more than $800,000 of trust fund receipts in any one year may be used for the costs of administering the trust fund pursuant to this section. The limit on administrative costs established in this paragraph does not apply to the following costs that may be funded by the trust fund: (1) Costs of the Department of Environmental Protection for participating in the regional organization as defined in Title 38, section 580‑A, subsection 20 and for administering the allowance auction under Title 38, chapter 3‑B ; and (2) Costs of the Attorney General for activities pertaining to the tracking and monitoring of allowance trading activity and managing and evaluating the trust's funding of conservation programs. [PL 2009, c. 372, Pt. B, §3 (NEW).] G. In order to minimize administrative costs and maximize program participation and effectiveness, the trustees shall, to the greatest extent feasible, coordinate the delivery of and make complementary the energy efficiency programs under this section and other programs under this chapter. [PL 2009, c. 372, Pt. B, §3 (NEW).] H. The trust shall consider delivery of efficiency programs by means of contracts with service providers that participate in competitive bid processes for reducing energy consumption within individual market segments or for particular end uses. [PL 2009, c. 372, Pt. B, §3 (NEW).] I. A trade association aggregator is eligible to participate in competitive bid processes under this subsection. [PL 2009, c. 372, Pt. B, §3 (NEW).] J. Trust fund receipts must, upon request by the Department of Environmental Protection, fund research approved by the Department of Environmental Protection in an amount of up to $100,000 per year to develop new categories for carbon dioxide emissions offset projects, as defined in Title 38, section 580‑A, subsection 6 , that are located in the State. Expenditures on research pursuant to this paragraph are not considered administrative costs under paragraph F , subparagraph (1). [PL 2013, c. 369, Pt. A, §17 (AMD).] K. The trust shall establish an industrial climate transition initiative to develop and support climate change mitigation strategies designed to reduce greenhouse gas emissions at industrial facilities in the State. In establishing the initiative and developing climate change mitigation strategies for industrial facilities, the trust shall: (1) Prioritize mitigation strategies identified in the State's climate action plan, as adopted and updated under Title 38, section 577 , that offer the most cost-effective means of reducing greenhouse gas emissions at industrial facilities; and (2) Consider mitigation strategies and other recommendations identified by any working group, task force or other advisory body that is established by the Maine Climate Council, established under Title 38, section 577‑A , to develop strategies and other recommendations to reduce greenhouse gas emissions at industrial facilities in the State. The trust may allocate funds from the trust fund, and may expend any federal funds or other public or private funding that may be available, to establish the initiative under this paragraph and to develop and support climate change mitigation strategies designed to reduce greenhouse gas emissions at industrial facilities in the State. [PL 2021, c. 716, §2 (NEW).] [PL 2021, c. 716, §2 (AMD).]

5. Effective date. This section takes effect July 1, 2010. [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 3401-A — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3401-A
35-A §3401-A. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 481, §2 (NEW).]

1. Apprentice. "Apprentice" has the same meaning as in Title 26, section 3201, subsection 1 . [PL 2023, c. 481, §2 (NEW).]

2. Certified business. "Certified business" means a business that has been certified by the federal Small Business Administration or another appropriate entity, as determined by the commission by rule, as a minority-owned, veteran-owned or women-owned business. [PL 2023, c. 481, §2 (NEW).]

3. Community and workforce enhancement standards. "Community and workforce enhancement standards" means the standards described in section 3408, subsection 3 that contractors and subcontractors responsible for construction work and individuals performing construction work must meet. [PL 2023, c. 481, §2 (NEW).]

4. Construction work. "Construction work" means the construction, alteration or remodeling of a structure and any work directly related to the construction, alteration or remodeling of a structure, including, but not limited to, landscaping and trucking, but does not include surveying or engineering or the examination or inspection of a construction site. [PL 2023, c. 481, §2 (NEW).]

5. Currently available and qualified employee. "Currently available and qualified employee" means an individual, including, but not limited to, an apprentice, performing construction work who: A. Is employed by and receives a W-2 form from a contractor or subcontractor responsible for construction work and has been employed as a permanent employee by that contractor or subcontractor for at least 90 calendar days prior to the commencement of that contractor's or subcontractor's work; and [PL 2023, c. 481, §2 (NEW).] B. Possesses the skills, credentials, certifications or specialized training necessary to complete the required tasks upon being assigned to the construction site. [PL 2023, c. 481, §2 (NEW).] [PL 2023, c. 481, §2 (NEW).]

5-A. Department. "Department" means the Department of Energy Resources established in chapter 103 . [PL 2025, c. 476, Pt. A, §11 (NEW).]

6. Disadvantaged business enterprise. "Disadvantaged business enterprise" means a business that is certified by the Department of Transportation in compliance with federal regulations under 49 Code of Federal Regulations, Part 26. [PL 2023, c. 481, §2 (NEW).]

7. Fishing community. "Fishing community" means a municipality where marine organisms, as defined in Title 12, section 6001, subsection 26 , are landed or processed. [PL 2023, c. 481, §2 (NEW).]

8. Hiring hall. "Hiring hall" means a service provided by a labor organization or an entity associated with a labor organization that places employees with an employer under a collective bargaining agreement or otherwise places employees with employers. [PL 2023, c. 481, §2 (NEW).]

9. Inclusive bidding standards. "Inclusive bidding standards" means a set of guidelines to ensure comprehensive engagement and involvement of the construction industry, including requirements that: A. The relevant agency or agencies responsible for awarding contracts related to the construction of an offshore wind power project make a demonstrated and documented effort to ensure broad and maximum engagement and participation of all interested contractors upon the publication by the agency or agencies of requests for proposals surrounding work on or related to the offshore wind power project; and [PL 2023, c. 481, §2 (NEW).] B. All contractors, including, but not limited to, those headquartered in the State, regardless of whether their employees are covered under a collective bargaining agreement, are eligible and encouraged to bid on and participate in any work related to an offshore wind power project. [PL 2023, c. 481, §2 (NEW).] [PL 2023, c. 481, §2 (NEW).]

10. Labor organization. "Labor organization" has the same meaning as in section 3210‑H, subsection 1, paragraph B . [PL 2023, c. 481, §2 (NEW).]

11. Lobster Management Area 1. "Lobster Management Area 1" means the area defined by rule as Lobster Management Area 1 by the Department of Marine Resources. [PL 2023, c. 481, §2 (NEW).]

12. Maine emerging industry compensation threshold. "Maine emerging industry compensation threshold" means an employment total compensation package that includes wages, health and welfare benefits, retirement benefits and any additional employer-paid benefits that have a monetary value equal to or greater than that established and in effect as a result of a mutual agreement between a labor organization whose local jurisdiction includes the county in the State where the work related to an offshore wind power project is being or is to be performed, based on data submitted by that labor organization to the Department of Labor, and the related and applicable contractors that are signatories to that mutual agreement. [PL 2023, c. 481, §2 (NEW).]

13. Nameplate capacity. "Nameplate capacity" has the same meaning as in section 3481, subsection 11 . [PL 2023, c. 481, §2 (NEW).]

14. Office. "Office" means the Governor's Energy Office established in Title 2, section 9 . [PL 2023, c. 481, §2 (NEW).]

15. Offshore wind power project. "Offshore wind power project" has the same meaning as in section 3405, subsection 1, paragraph C and includes, but is not limited to, floating offshore wind power generation facilities. [PL 2023, c. 481, §2 (NEW).]

16. Registered apprenticeship program. "Registered apprenticeship program" means a plan approved by the Department of Labor or the United States Department of Labor containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, including, but not limited to, the requirement for an apprenticeship agreement, a schedule of work experience outlining the skills to be learned on the job, a schedule of related instruction courses necessary to supplement on-the-job learning and a schedule of progressively increasing wages to be paid to an apprentice consistent with the skill proficiencies achieved and leading toward a journeyman wage rate. [PL 2023, c. 481, §2 (NEW).]

17. Responsible entity. "Responsible entity" means the person undertaking to develop an offshore wind power project. [PL 2023, c. 481, §2 (NEW).]

18. Small business. "Small business" means a business employing 100 or fewer employees. [PL 2023, c. 481, §2 (NEW).]