35-A M.R.S. § 7221 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7221
35-A §7221. Designation of service providers
Status: in_force

1. Initial designation of service providers. An entity that was an incumbent local exchange carrier as of January 1, 2012 shall provide provider of last resort service within its service area. [PL 2011, c. 623, Pt. A, §18 (NEW).]

2. Reassignment of service provider obligation. A service provider may petition the commission for authorization to assign its provider of last resort service obligation for a given geographic area to another voice service provider. The commission shall by rule develop a process for identifying and approving replacement service providers, but in no event may a voice service provider be designated as a replacement service provider without the express consent of the voice service provider. Before authorizing the reassignment of the provider of last resort service obligation to another voice service provider, the commission shall ensure that the voice service provider possesses the financial and technical capability to meet all provider of last resort service standards set by the commission by rule. The commission may not reassign the provider of last resort service obligation to any entity that would provide the service only as a reseller, as determined by the commission by rule. [PL 2011, c. 623, Pt. A, §18 (NEW).]

3. Modification of service obligations. Notwithstanding section 7201, subsection 7 , the commission, in an adjudicatory proceeding, may relieve a service provider of the requirement that it have the capacity to maintain uninterrupted voice service during a power failure, either through the incorporation into the network or network interface devices of suitable battery backup or through electric current. The commission may grant the relief only if it finds that doing so is in the public interest. In determining that granting relief under this section is in the public interest, the commission must find that the benefits that would accrue to customers of the provider of last resort service from providing the relief would exceed the benefits to those customers of preserving the requirement. [PL 2011, c. 623, Pt. A, §18 (NEW).]

4. Removal of the provider of last resort service obligation in select municipalities. This subsection governs the removal of the obligation of a price cap ILEC to provide provider of last resort service in certain municipalities. A. Thirty days after the effective date of this subsection a price cap ILEC is not obligated to provide provider of last resort service in the following municipalities: (1) Portland; (2) Lewiston; (3) Bangor; (4) South Portland; (5) Auburn; (6) Biddeford; and (7) Sanford. [PL 2015, c. 462, §3 (NEW).] B. Every 6 months after the effective date of this subsection, the commission shall examine the service quality reports of a price cap ILEC under section 7225‑A for the immediately preceding 2 consecutive quarters and, if the service quality requirements of section 7225‑A have been met, the commission shall issue a certificate relieving the price cap ILEC of the obligation to provide provider of last resort service in 5 of the municipalities listed in this paragraph. The order in which a price cap ILEC may be relieved of the obligation to provide provider of last resort service in a municipality under this paragraph is as follows: (1) Scarborough; (2) Gorham; (3) Waterville; (4) Kennebunk; (5) Cape Elizabeth; (6) Old Orchard Beach; (7) Yarmouth; (8) Bath; (9) Westbrook; (10) Freeport; (11) Brewer; (12) Kittery; (13) Windham; (14) Brunswick; and (15) Augusta. [PL 2015, c. 462, §3 (NEW).] C. For one year from the date a price cap ILEC is relieved of the obligation to provide provider of last resort service in a municipality in accordance with this subsection, the price cap ILEC shall continue to offer to each provider of last resort service customer in that municipality to whom it was providing the service on the date the obligation ceased a telephone service with the same rates, terms and conditions as it provides to provider of last resort service customers to whom it is obligated to provide provider of last resort service. [PL 2015, c. 462, §3 (NEW).] D. Prior to the removal of the obligation to provide provider of last resort service in any municipality pursuant to this subsection, the commission shall hold a public meeting in the municipality to allow customers of the price cap ILEC to obtain information about the upcoming changes to service. [PL 2015, c. 462, §3 (NEW).] E. The price cap ILEC shall give advance notice in its monthly billing statement to each customer in a municipality listed in this subsection in which the obligation to provide provider of last resort service will be removed. That notice must include the following information: (1) An existing customer will still be provided service for one year from the date on which the obligation to provide provider of last resort service is removed at the same rates, terms and conditions as the price cap ILEC provides to provider of last resort service customers to whom the price cap ILEC is obligated to provide provider of last resort service; and (2) The date, time and location of the public meeting required under paragraph D , which will be hosted by the commission in the municipality. [PL 2015, c. 462, §3 (NEW).] [PL 2015, c. 462, §3 (NEW).]

5. Relief of provider of last resort service obligation. After a price cap ILEC has been relieved of the obligation to provide provider of last resort service in all the municipalities listed in subsection 4 , the price cap ILEC may petition the commission under this subsection to be relieved of its provider of last resort service obligation in one or more additional municipalities. A. The commission shall approve the petition if the commission finds: (1) With respect to a municipality, that, pursuant to the following standards, there is sufficient competition in that municipality to ensure access to affordable telephone service by households in the municipality: (a) In addition to the price cap ILEC, there is at least one wireline-facilities-based voice network service provider that offers service to at least 95% of the households in the municipality; and (b) One or more mobile telecommunications services providers offer, on a combined basis, mobile telecommunications services to at least 97% of the households in the municipality; and (2) The price cap ILEC prior to filing the petition has met service quality requirements under section 7225‑A in the immediately preceding 2 consecutive quarters. [PL 2015, c. 462, §3 (NEW).] B. The commission shall establish by rule the sources of information and a methodology it will use to reasonably calculate the percentage of households served by wireline-facilities-based voice network service providers and mobile telecommunications services providers for purposes of making a determination under paragraph A . The commission may not require wireline-facilities-based voice network service providers and mobile telecommunications services providers to provide competitive information to the commission but may rely on other available sources for this information, including information available from the Federal Communications Commission. Competitive information about the extent of service provided by wireline-facilities-based voice network service providers and mobile telecommunications services providers used to make this determination is confidential and is not a public record under Title 1, section 402, subsection 3 and may not be disclosed to any person outside the commission. In developing the methodology under this paragraph, the commission may allow for reasonable adjustments to the information it receives if it is aware that actual availability of competitive services differs from what is reflected in the information. If the application of the commission's methodology results in a finding that the standards in paragraph A, subparagraph (1) have been met, there is a rebuttable presumption of sufficient competition in a municipality to ensure access to affordable telephone service by households in the municipality. [PL 2015, c. 462, §3 (NEW).] C. Ninety days prior to filing a petition under this subsection, a price cap ILEC shall notify the commission and the Office of the Public Advocate of the price cap ILEC's intent to file a petition. The price cap ILEC shall also give advance notice of its intent to file a petition in its monthly billing statement to each customer in the municipality in which it will be seeking relief from the obligation to provide provider of last resort service. The commission shall hold a public hearing in each affected municipality to allow customers of the price cap ILEC as well as other residents of the affected municipality to testify. The price cap ILEC shall give advance notice of the hearing to each customer in the municipality in its monthly billing statement and publish this notice in a newspaper of general circulation in that municipality. [PL 2015, c. 462, §3 (NEW).] D. The commission shall issue an order granting or denying a petition within 180 days of receiving a petition under this subsection, except that the commission, at its discretion, may extend this period for up to an additional 30 days. [PL 2015, c. 462, §3 (NEW).] E. For one year from the date the commission issues an order granting a price cap ILEC relief from the obligation to provide provider of last resort service in a municipality, the price cap ILEC shall continue to offer to each provider of last resort service customer in that municipality to whom it was providing the service on the date of that order a telephone service with the same rates, terms and conditions as it provides to provider of last resort service customers to whom it is obligated to provide provider of last resort service. [PL 2015, c. 462, §3 (NEW).] For purposes of this subsection, "voice network service provider" has the same meaning as in section 7104 . [PL 2015, c. 462, §3 (NEW).]

6. Abandonment. A price cap ILEC may not discontinue, reduce or impair the service that it provides in a municipality, or part of a municipality, where it has previously served as the provider of provider of last resort service unless the commission approves the discontinuance, reduction or impairment. The commission may approve the discontinuance, reduction or impairment only if it finds that neither the present nor future public convenience and necessity will be adversely affected by such discontinuance, reduction or impairment of service. In granting its approval under this subsection, the commission may impose such terms, conditions or requirements as in its judgment are necessary to protect the public interest. A price cap ILEC abandoning all or part of its plant, property or system or discontinuing service pursuant to authority granted by the commission under this subsection is deemed to have waived all objections to the terms, conditions or requirements imposed by the commission in its approval. A discontinuance approved under this subsection is not subject to further approval under section 1104 . [PL 2015, c. 462, §3 (NEW).]

7. Rules. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 462, §3 (NEW).]
35-A M.R.S. § 3155 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3155
35-A §3155. The Attorney General authorized to intervene before the commission to protect consumer interest
Status: in_force

The Department of Attorney General may: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Make assessments. Make general factual assessments of the impact of proposed rate changes and other proposed regulatory actions upon all affected consumers; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Assist consumers. Assist consumers in the presentation of their positions before utility regulatory commissions; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Advocate position. Advocate, on its own behalf, a position which it determines represents the position most advantageous to consumers, taking into account developments in rate design reform; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Obtain grants. Obtain grants pursuant to Public Law 94-385, Section 205(a), 42 United States Code, Section 6805 and the funds made available are to be in addition to, and not in substitution for, funds made available to that department from other sources. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 8703 — ME Code / Title 35-A / Part 7 / Chapter 87 / Section 8703
35-A §8703. Requirements
Status: in_force

Telecommunications relay services must conform to the following requirements. [PL 1989, c. 851, §7 (NEW).]

1. Geographic availability. Services must be available on a statewide basis to the extent that they are technologically feasible. [PL 2009, c. 68, §12 (AMD).]

2. Temporal availability. Services must be available 24 hours a day for every calendar day of the year. [PL 1989, c. 851, §7 (NEW).]

3. Accessibility. Relay service operators may not refuse calls or limit the length of calls. [PL 1989, c. 851, §7 (NEW).]

4. Blockage level. The allowable blockage level for the telecommunications relay services must be reasonable. Complaints relating to the reasonableness of the blockage level may be brought to the commission by the council or by 10 or more aggrieved persons pursuant to section 1302, subsection 1 . [PL 2017, c. 408, §5 (AMD).]

5. Confidentiality. The providers of telecommunications relay services shall keep relay service communications confidential. [PL 2015, c. 250, Pt. C, §6 (AMD).]

6. User fee prohibited. A separate fee for telecommunications relay services may not be assessed to users of the services. [PL 1989, c. 851, §7 (NEW).]

7. Recovery of expenses and costs. The costs for telecommunications relay services must be recovered through the state universal service fund pursuant to section 7104, subsection 7 . [PL 2005, c. 305, §3 (AMD).]

8. Council. The providers of telecommunications relay services must take into consideration any comments from the council. [PL 2017, c. 408, §5 (AMD).]

9. Restrictions. Upon request, the providers of telecommunications relay services shall make known to users of the services any restrictions on the types of calls handled such as collect calls and automated information services. [PL 1989, c. 851, §7 (NEW).]

10. Notification of rates or charges. Upon request, the providers of telecommunications relay services shall make known to users any rates or charges for the services. [PL 1989, c. 851, §7 (NEW).]
35-A M.R.S. § 6509 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6509
35-A §6509. Damages remaining unpaid; proceedings
Status: in_force

1. Damages unpaid for more than 30 days. When the damages remain unpaid for more than 30 days after they are due and demanded or the security is not deposited, the owner may file in the Superior Court a complaint praying for an injunction against the use or occupation of the owner's property taken. [RR 2021, c. 1, Pt. B, §429 (COR).]

2. Proceedings for damages not commenced within 3 years. If proceedings for an estimation of damages are not commenced within 3 years and the owner of the property files a complaint for them, the court may estimate the damages, decree their payment and issue an execution for the amount. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Court may issue an injunction prohibiting use. The court, after summary notice to the taker and upon proof of the facts, may, without any bond filed, issue an injunction prohibiting the taker's use and occupation until the taker pays all damages and costs. If payment has not been made within 90 days, the court may issue a permanent injunction and all rights acquired by taking the property cease and the owner may maintain an action for its recovery and protection. [RR 2021, c. 1, Pt. B, §430 (COR).]
35-A M.R.S. § 6111-A — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6111-A
35-A §6111-A. Liens for unpaid rates; multiunit residential rental property
Status: in_force

1. Liens for unpaid rates; water utilities. A water utility has a lien on real estate served by that water utility to secure the payment of unpaid rates. [PL 2011, c. 97, §1 (AMD).]

2. Rental property; water utilities. Notwithstanding section 706 , when a landlord has applied for and is granted water utility service to a multiunit residential rental property, the water utility has a lien on the property and on any interest the landlord has in the multiunit residential rental property to secure payment for the water utility's service to that property with costs and with interest at a rate not to exceed the highest lawful rate set by the Treasurer of State for municipal taxes. [PL 2005, c. 7, §2 (NEW).]

3. Method and procedure. The method for obtaining, enforcing and receiving payment on a lien created under this section must be performed in the same manner and has the same effect and creates the same rights as provided in Title 38, section 1208 pertaining to the collection of unpaid rates by a sanitary district, except that a sanitary district lien created under Title 38, section 1208 continues with priority over a lien created under this section. The notice of impending automatic foreclosure must be substantially in the following form: STATE OF MAINE (insert name of water utility) NOTICE OF IMPENDING AUTOMATIC FORECLOSURE WATER LIEN Title 35-A M.R.S.A., section 6111-A IMPORTANT: DO NOT DISREGARD THIS NOTICE YOU WILL LOSE YOUR PROPERTY UNLESS YOU PAY THE CHARGES, COSTS AND INTEREST FOR WHICH A LIEN ON YOUR PROPERTY HAS BEEN CREATED BY THE (insert name of water utility) TO: ................................. You are the party named on the Water Lien Certificate filed on .............., 20. and recorded in Book .........., Page ......... in the .......... County Registry of Deeds. This (insert name of water utility) filing created a lien mortgage on the real estate described in the Water Lien Certificate. On ............., 20..., the water lien mortgage will be foreclosed and your right to redeem the mortgage and recover your property by paying the charges and interest of the (insert name of water utility) that are owed will expire. IF THE LIEN FORECLOSES, THE (insert name of water utility) WILL OWN YOUR PROPERTY, SUBJECT ONLY TO SANITARY DISTRICT AND MUNICIPAL TAX LIENS. If you cannot pay the outstanding charges, costs and interest that are the subject of this notice or the subject of installment payment arrangements that you have made with the (insert name of water utility), please contact me immediately to discuss this notice. .............................................................. (insert name of water utility) Treasurer [PL 2005, c. 7, §2 (NEW).]

4. Waiver of water lien foreclosure. The treasurer of a water utility, when authorized by the trustees or directors of the utility, may waive the foreclosure of a lien mortgage created pursuant to this section by recording in the registry of deeds a waiver of foreclosure before the period for the right of redemption from the lien mortgage has expired. The lien mortgage remains in full effect after the recording of a waiver. Other methods established by law for the collection of any unpaid rate, toll, rent or other charges are not affected by the filing of a waiver under this section. The waiver of foreclosure must be substantially in the following form: The foreclosure of the water lien mortgage on real estate for charges against .......... (NAME) to .......... (NAME OF WATER UTILITY) dated .......... and recorded in the .......... County Registry of Deeds in Book .........., Page .......... is hereby waived. The form must be dated, signed by the treasurer of the water utility and notarized. A copy of the form must be provided to the party named on the lien mortgage and each record holder of a mortgage on the real estate. [PL 2011, c. 97, §2 (AMD).]
35-A M.R.S. § 1311 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1311
35-A §1311. Practice and rules of evidence; process service
Status: in_force

1. Practice and rules of evidence. In all actions and proceedings arising under this Title, all processes must be served and the practice and rules of evidence are the same as in civil actions in the Superior Court except as otherwise provided. [PL 1993, c. 108, §2 (NEW).]

2. Hearsay. A statement not specifically covered by the hearsay exceptions in the rules of evidence but having equivalent circumstantial guarantees of trustworthiness may not be excluded by the hearsay rules, if the presiding officer determines that: A. The statement is offered as evidence of a material fact and does not constitute unduly repetitious evidence; [PL 1993, c. 108, §2 (NEW).] B. The statement is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs; and [PL 1993, c. 108, §2 (NEW).] C. The general purposes of the rules of evidence and the interests of justice are best served by admission of the statement into evidence. [PL 1993, c. 108, §2 (NEW).] [PL 1993, c. 108, §2 (NEW).]

3. Process service. A sheriff or other officer empowered to execute civil process may execute a process issued under this Title and is entitled to receive the compensation prescribed by law for that service. [PL 1993, c. 108, §2 (NEW).]
35-A M.R.S. § 3210-C — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-C
35-A §3210-C. Capacity resource adequacy
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Capacity resource" means any renewable capacity resource, nonrenewable capacity resource, clean resource or interruptible, demand response or energy efficiency capacity resource. [PL 2025, c. 386, §13 (AMD).] A-1. "Contract for differences" means a contractual arrangement between a buyer and a seller in which cash payments are made based on the actual or relative difference between a target price for energy or a capacity resource and the market value of the energy or capacity resource. Under a contract for differences, the seller pays to the buyer the positive difference between the market value and the target price and the buyer pays to the seller the negative difference between the market value and the target price. "Contract for differences" does not include a contract for the physical delivery of energy or capacity resources. [PL 2007, c. 656, Pt. B, §1 (NEW).] A-2. "Clean energy credit" has the same meaning as in section 3210, subsection 2, paragraph A‑5 . [PL 2025, c. 386, §14 (NEW).] A-3. "Clean resource" has the same meaning as in section 3210, subsection 2, paragraph A‑4 . [PL 2025, c. 386, §15 (NEW).] B. "Interruptible, demand response or energy efficiency capacity resource" means a resource that has demand response, interruptible or energy efficiency capacity recognized by the commission. [PL 2005, c. 677, Pt. C, §1 (NEW).] C. "New" as applied to any capacity resource means a capacity resource that: (1) Has an in-service date after September 1, 2005; (2) Was added to an existing facility after September 1, 2005; (3) For at least 2 years was not operated or was not recognized by the New England independent system operator as a capacity resource and, after September 1, 2005, resumed operation or was recognized by the New England independent system operator as a capacity resource; or (4) Was refurbished after September 1, 2005 and is operating beyond its previous useful life or is employing an alternate technology that significantly increases the efficiency of the generation process. [PL 2005, c. 677, Pt. C, §1 (NEW).] D. "Nonrenewable capacity resource" means an electric generation resource other than a renewable capacity resource. [PL 2005, c. 677, Pt. C, §1 (NEW).] E. "Renewable capacity resource" has the same meaning as in section 3210, subsection 2, paragraph B‑3 . [PL 2009, c. 542, §6 (AMD).] F. "Renewable energy credit" means a tradable instrument that represents an amount of electricity generated from eligible resources as defined in section 3210, subsection 2, paragraph B or renewable capacity resources. [PL 2009, c. 518, §1 (NEW).] F-1. "Term sheet" means a preliminary document that outlines the terms of a proposal accepted under a request for proposals that is not binding on the parties but assists the parties in drafting a final agreement based upon the accepted proposal. [PL 2017, c. 134, §1 (NEW).] G. "Triennial plan" has the same meaning as in section 10102, subsection 9 . [PL 2009, c. 518, §2 (NEW).] [PL 2025, c. 386, §§13-15 (AMD).]

2. Policy. It is the policy of this State: A. That the share of new renewable capacity resources as a percentage of the total capacity resources in this State on December 31, 2007 increase by 10% by 2017 and that, to the extent possible, the increase occur in uniform annual increments; [PL 2005, c. 677, Pt. C, §1 (NEW).] B. To reduce electric prices and price volatility for the State's electricity consumers and to reduce greenhouse gas emissions from the electricity generation sector; and [PL 2005, c. 677, Pt. C, §1 (NEW).] C. To develop new capacity resources to reduce demand or increase capacity so as to mitigate the effects of any regional or federal capacity resource mandates. [PL 2005, c. 677, Pt. C, §1 (NEW).] [PL 2005, c. 677, Pt. C, §1 (NEW).]

3. Commission authority. The commission may direct investor-owned transmission and distribution utilities to enter into long-term contracts for: A. Capacity resources; [PL 2009, c. 518, §3 (AMD).] B. Any available energy associated with capacity resources contracted under paragraph A : (1) To the extent necessary to fulfill the policy of subsection 2, paragraph A ; or (2) If the commission determines appropriate for purposes of supplying or lowering the cost of standard-offer service or otherwise lowering the cost of electricity for the ratepayers in the State. Available energy contracted pursuant to this subparagraph may be sold into the wholesale electricity market in conjunction with solicitations for standard-offer supply bids; [PL 2017, c. 134, §2 (AMD).] C. Any available renewable energy credits associated with capacity resources contracted under paragraph A . The price paid by the investor-owned transmission and distribution utility for the renewable energy credits must be lower than the price received for those renewable energy credits at the time they are sold by the investor-owned transmission and distribution utility; and [PL 2017, c. 134, §2 (AMD).] D. [PL 2025, c. 386, §16 (RP).] E. Clean energy credits associated with clean resources. The price paid by the investor-owned transmission and distribution utility for the clean energy credits must be lower than the price received for those clean energy credits at the time they are sold by the investor-owned transmission and distribution utility. [PL 2025, c. 386, §17 (NEW).] The commission may permit, but may not require, investor-owned transmission and distribution utilities to enter into contracts for differences that are designed and intended to buffer ratepayers in the State from potential negative impacts from transmission development. To the greatest extent possible, the commission shall develop procedures for long-term contracts for investor-owned transmission and distribution utilities under this subsection having the same legal and financial effect as the procedures used for standard-offer service pursuant to section 3212 for investor-owned transmission and distribution utilities. The commission may enter into contracts for interruptible, demand response or energy efficiency capacity resources. These contracts are not subject to the rules of the Chief Procurement Officer. In a competitive solicitation conducted pursuant to subsection 6, the commission shall allow transmission and distribution utilities to submit bids for interruptible or demand response capacity resources. Capacity resources contracted under this subsection may not exceed the amount necessary to ensure the reliability of the electric grid of this State, to meet the energy efficiency program budget allocations articulated in the triennial plan as approved by the commission pursuant to section 10104, subsection 4 or any annual update plan approved by the commission pursuant to section 10104, subsection 6 or to lower customer costs as determined by the commission pursuant to rules adopted under subsection 10 . Unless the commission determines the public interest requires otherwise, a capacity resource may not be contracted under this subsection unless the commission determines that the capacity resource is recognized as a capacity resource for purposes of any regional or federal capacity requirements. The commission shall ensure that any long-term contract authorized under this subsection is consistent with Title 38, section 576‑A and the regional greenhouse gas initiative as described in the state climate action plan required in Title 38, section 577 . By January 1st of each year, the commission shall submit a report to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters on the procurement of transmission capacity, capacity resources, energy, renewable energy credits and clean energy credits in the preceding 12 months under this subsection, resources procured under section 3210‑K and deep-water offshore wind energy pilot projects under Public Law 2009, chapter 615, Part A, section 6, as amended by Public Law 2013, chapter 369, Part H, sections 1 and 2 and chapter 378, sections 4 to 6. The report must contain information, including, but not limited to, the number of requests for proposals by the commission for long-term contracts, the number of responses to requests for proposals pursuant to which a contract has been finalized, the number of executed term sheets or contracts resulting from the requests for proposals, the commission's initial estimates of ratepayer costs or savings associated with any approved term sheet, actual ratepayer costs or savings for the previous year associated with any procurement, the total ratepayer costs or savings at the time of the report and the megawatt-hours, renewable energy credits, clean energy credits or capacity produced or procured through contracts. The report must include actual ratepayer costs or savings for the previous year associated with any contract executed under the Community-based Renewable Energy Act. The report must also include a plan for the succeeding 12 months pertaining to the procurement of capacity resources, energy, renewable energy credits and clean energy credits, including dates for requests for proposals, and types of resources to be procured. [PL 2025, c. 386, §§16-18 (AMD).]

3-A. Regional coordination. If the commission determines that the likely benefits to ratepayers in the State will exceed the likely costs, the commission may coordinate with one or more states to procure, through long-term contracts or other mechanisms, transmission capacity, capacity resources, renewable energy credits or clean energy credits. [PL 2025, c. 386, §19 (NEW).]

4. Priority of capacity resources. In selecting capacity resources for contracting pursuant to subsection 3 , the commission shall apply the following standards. A. The commission shall select capacity resources that are competitive and the lowest price when compared to other available offers for capacity resources of the same or similar contract duration or terms. [PL 2007, c. 293, §3 (AMD).] B. Among capacity resources meeting the standard in paragraph A , the commission shall choose among capacity resources in the following order of priority: (1) New interruptible, demand response or energy efficiency capacity resources located in this State; (2) New renewable capacity resources located in this State; (3) New capacity resources with no net emission of greenhouse gases; (4) New nonrenewable capacity resources located in this State. The commission shall give preference to new nonrenewable capacity resources with no net emission of greenhouse gases; (5) Capacity resources that enhance the reliability of the electric grid of this State. The commission shall give preference to capacity resources with no net emission of greenhouse gases; and (6) Other capacity resources. [PL 2005, c. 677, Pt. C, §1 (NEW).] [PL 2007, c. 293, §3 (AMD).]

5. Contract term. A contract entered into pursuant to subsection 3 may not be for more than 10 years, unless the commission finds a contract for a longer term to be prudent. [PL 2005, c. 677, Pt. C, §1 (NEW).]

6. Competitive solicitation process and contract negotiation. Except as provided in paragraph A , for purposes of selecting potential capacity resources for contracting pursuant to subsection 3 , the commission may, after consultation with the Commissioner of Energy Resources, conduct a competitive solicitation no less often than every 3 years if the commission determines that the likely benefits to ratepayers resulting from any contracts entered into as a result of the solicitation process will exceed the likely costs. Following review of bids, the commission shall approve a contract or contracts between one or more transmission and distribution utilities and the bidder of any proposal selected by the commission in accordance with this section. When only one bid has been offered, the commission shall ensure that negotiations are based on full project cost disclosure by the potential supplier. A. The commission shall, for purposes of selecting energy efficiency capacity resources and available energy associated with such resources for contracting pursuant to subsection 3 , conduct a competitive solicitation in accordance with this subsection or contract with the Efficiency Maine Trust established in section 10103 to deliver those resources through a competitive solicitation process administered by the trust. [PL 2009, c. 518, §4 (NEW).] [PL 2025, c. 476, Pt. A, §10 (AMD).]

7. Disposition of resources. An investor-owned transmission and distribution utility shall sell capacity resources, energy, renewable energy credits or clean energy credits purchased pursuant to subsection 3 or 3‑A or take other action relative to such capacity resources, energy, renewable energy credits or clean energy credits as directed by the commission. [PL 2025, c. 386, §20 (AMD).]

8. Cost recovery. The commission shall ensure that all costs and direct financial benefits associated with contracts entered into under this section are allocated to ratepayers in accordance with section 3210‑F . A price differential existing at any time during the term of the contract between the contract price and the prevailing market price at which the capacity resource is sold or any gains or losses derived from contracts for differences must be reflected in the amounts charged to ratepayers and may not be considered imprudent. [PL 2013, c. 454, §1 (AMD).]

9. Contract payments. Except as provided in paragraphs A and B , contracts for capacity resources, related energy, renewable energy credits or clean energy credits entered into pursuant to this section must provide that payments will be made only after contracted amounts of capacity resources, related energy or renewable energy credits have been provided. A. Contracts with the Efficiency Maine Trust established in section 10103 for energy efficiency capacity resources and related energy entered into pursuant to this section may provide that up to 20% of the total payment be made at the start of the contract. Such contracts must provide that the remaining payments will be made only after the supplier has demonstrated, according to measurement and verification protocols specified in rules adopted by the Efficiency Maine Trust Board pursuant to section 10105, subsection 5 , that physical installations have been completed and contracted amounts of capacity resources and related energy have been substantiated. [PL 2009, c. 518, §6 (NEW).] B. Contracts with any entity other than the Efficiency Maine Trust established in section 10103 for energy efficiency capacity resources and related energy must provide that payments will be made only after the supplier has demonstrated, according to measurement and verification protocols specified in rules adopted by the Efficiency Maine Trust Board pursuant to section 10105, subsection 5 , that physical installations have been completed and contracted amounts of capacity resources and related energy have been substantiated. [PL 2009, c. 518, §6 (NEW).] [PL 2025, c. 386, §21 (AMD).]

10. Rules. The commission shall adopt rules to implement this section. In adopting rules, the commission shall consider the financial implications of this section for investor-owned transmission and distribution utilities. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 273, §2 (AMD); PL 2011, c. 273, §3 (AFF).]

11. Customer benefits. The commission may direct investor-owned transmission and distribution utilities to enter into contracts under this section only as agents for their customers and only when such contracts are in the best interest of customers and in accordance with this subsection. The commission shall adopt rules to ensure that: A. To the extent the benefits to ratepayers of a long-term contract are projected to occur in the later years of the contract term, the commission shall ensure that adequate financial security is in place so that it is reasonably likely ratepayers will obtain the projected benefits of the long-term contract; and [PL 2011, c. 413, §3 (NEW).] B. To the extent practicable, ratepayers obtain the benefit of lower cost capacity resources of energy associated with those resources or of any renewable energy credits that may exist after the term of primary financing or subsequent replacement financing necessary for the development and construction of a generation project is completed. [PL 2011, c. 413, §3 (NEW).] [PL 2011, c. 413, §3 (NEW).]

12. Triennial plan energy efficiency contracts. [PL 2013, c. 369, Pt. A, §2 (RP).]
35-A M.R.S. § 10120 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10120
35-A §10120. Commission oversight of Efficiency Maine Trust
Status: in_force

1. Performance metrics. The trust shall incorporate performance metrics in the triennial plan. The performance metrics must define the electricity, natural gas and heating fuel savings targets established in section 10104, subsection 4, paragraph F and specify the metrics for assessing progress in meeting the targets. The commission shall ratify performance metrics incorporated in the triennial plan if it finds that these metrics satisfy the requirements of this chapter, including the principles described in section 10104, subsection 2 , and are in the public interest. The commission and the trust may revise one or more of the performance metrics in the triennial plan at any time by mutual agreement. [PL 2019, c. 313, §11 (AMD).]

2. Regulation. The trust may not expend any funds from assessments made under this chapter until the commission approves the triennial plan. The commission upon recommendation of the Public Advocate or the Attorney General may open an investigation of practices or acts of the trust. If the commission, upon investigation, finds that the trust has failed to comply with any requirement of this chapter or other requirements of law in the use or expenditure of any funds from assessments made under this chapter, the commission may issue an appropriate order directing the trust to take necessary actions to bring the trust into compliance with the law and may suspend or limit the authority of the trust to expend or encumber any funds derived from assessments made under this chapter until the commission finds the trust has come into compliance with the law. The commission may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 372, Pt. B, §3 (NEW).]

3. Oversight and evaluation fund. The commission shall establish an oversight and evaluation fund to be used solely to defray the commission's projected costs of ongoing oversight of the trust's programs and results, including but not limited to reviewing the trust's calculation of program costs and benefits, measurement and verification procedures and program evaluations and reviewing and approving the triennial plan. The commission may use funds to contract with expert 3rd-party resources to provide technical assistance or impartial evaluation of the performance of energy efficiency programs administered by the trust. The commission may assess the trust an amount not to exceed 1% of the total funds administered by the trust, and the trust shall transfer that amount to the commission to be deposited into the oversight and evaluation fund. Any interest on funds in the oversight and evaluation fund must be credited to the oversight and evaluation fund and any funds unspent in any fiscal year must either remain in the oversight and evaluation fund to be used for the purposes specified in this subsection or be transferred to the trust for deposit in appropriate program funds. [PL 2013, c. 369, Pt. A, §26 (AMD).]

4. Regional analysis of avoided costs. The commission shall participate in any New England-wide process to establish a common analysis for determining the avoided costs of energy efficiency resources. The commission shall, at a minimum, provide input on the scope of work for any analysis, provide information specific to the State that may be useful for the analysis and review and provide feedback on drafts or other regional work products. The trust shall pay that portion attributable to the State of the cost of developing an avoided cost analysis. This subsection does not limit the ability of the trust to participate in the development of a regional avoided cost analysis. [PL 2019, c. 313, §12 (NEW).]
35-A M.R.S. § 3137 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3137
35-A §3137. Area within which domestic transmission and distribution utility may transmit electricity; taxation by other states
Status: in_force

1. Domestic transmission and distribution utility may transmit electricity inside or outside this State. Notwithstanding any limitation imposed by its charter, each domestic transmission and distribution utility may transmit electricity and acquire and operate anywhere inside or outside this State utility facilities or interests in utility facilities of any nature or form used or required to be used in its service to the public, provided that nothing in this section authorizes a utility to distribute electricity in this State to any person or within any area, except as otherwise authorized by its charter or the general statutes of this State. [PL 1999, c. 398, Pt. A, §52 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Legislative consent to application of laws of other states with respect to taxes. Legislative consent is given to the application of the laws of other states with respect to taxation, payments in lieu of taxes and the assessment of taxes or payments in lieu of taxes to any domestic transmission and distribution utility that is acting outside this State under this section. [PL 1999, c. 398, Pt. A, §52 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 2707 — ME Code / Title 35-A / Part 2 / Chapter 27 / Section 2707
35-A §2707. Civil liability for damages to utility property
Status: in_force

A person may not intentionally, knowingly or recklessly damage, destroy or tamper with property of a utility having no reasonable grounds to believe that the person has a right to do so if such conduct creates a risk of interruption or impairment of services rendered to the public or causes a substantial interruption or impairment of services rendered to the public. A person who violates this section is liable in a civil action to the utility owning the property affected for: [PL 2007, c. 553, §3 (NEW).]

1. Cost of repair or replacement. The cost of repair or replacement of the utility property, as necessary; [PL 2007, c. 553, §3 (NEW).]

2. Other costs. All other reasonable costs to the utility, including attorney's fees and costs of undertaking and completing the investigation resulting in a determination of liability under this section; and [PL 2007, c. 553, §3 (NEW).]

3. Civil penalty. A civil penalty not to exceed $3,000 due and payable to the utility for each violation of this section. [PL 2021, c. 318, §10 (AMD).]
35-A M.R.S. § 1310-A — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1310-A
35-A §1310-A. Intervenor and participant funding
Status: in_force

1. Qualification for funding. Consistent with rules adopted by the commission pursuant to subsection 3 , the commission may order or provide funding in accordance with subsection 2 to an intervenor in an adjudicatory proceeding or a participant in a nonadjudicatory commission proceeding upon a finding that: A. The position of the intervenor or participant is not adequately represented by the Office of the Public Advocate or commission staff; [PL 2023, c. 143, §4 (AMD).] B. The intervenor or participant is likely to substantially contribute to the proceeding and to assist in the resolution of the issues raised in the proceeding; and [PL 2023, c. 143, §4 (AMD).] C. Participation in the proceeding by the intervenor or participant would impose a significant financial hardship on the intervenor or participant. [PL 2023, c. 143, §4 (AMD).] [PL 2023, c. 143, §4 (AMD).]

2. Funding sources. If the commission finds pursuant to subsection 1 that an intervenor or participant in a commission proceeding qualifies for funding, the commission may, except as provided in subsection 2‑A and consistent with rules adopted by the commission pursuant to subsection 3 : A. Order a utility involved in the commission proceeding to compensate the intervenor or participant. Compensation provided by a utility under this paragraph may be recovered in rates; or [PL 2023, c. 143, §4 (AMD).] B. Provide compensation to the intervenor or participant from the Public Utilities Commission Regulatory Fund established pursuant to section 116 , administrative penalties and filing fees, subject to the commission's determination that funds are available for that purpose. [PL 2023, c. 143, §4 (AMD).] [PL 2023, c. 143, §4 (AMD).]

2-A. Water utility exception. If the commission finds, pursuant to subsection 1 , that an intervenor or participant in a commission proceeding involving a water utility qualifies for funding, the commission may, consistent with rules adopted by the commission, provide compensation to the intervenor or participant only from administrative penalties within the Public Utilities Commission Reimbursement Fund in accordance with section 117, subsection 3, paragraph B , subparagraph (6). [PL 2023, c. 143, §4 (NEW).]

3. Rules. The commission shall 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 . A. Rules adopted by the commission pursuant to this subsection must include, but are not limited to: (1) The process by which the commission will determine whether an intervenor or participant qualifies for funding; (2) Identification of which expenses incurred by an intervenor or participant may qualify for funding, which types of proceedings intervenor or participant funding will be available for and the point in an eligible proceeding at which an intervenor or participant qualifying for funding will be provided with the funding; (3) The process by which the commission will ensure that funding provided to an intervenor or participant is used properly and the process by which funding provided to an intervenor or participant that is not entirely used by the intervenor or participant may be recovered by the commission; and (4) The methods by which the commission will ensure that the public is notified about the availability of intervenor and participant funding under this section. [PL 2023, c. 143, §4 (AMD).] B. Rules adopted by the commission pursuant to this subsection may include, but are not limited to: (1) Establishment of a cap on the amount of funding that a qualified intervenor or participant may be provided in a commission proceeding; (2) Establishment of a process by which the commission will give priority under this section to qualified intervenors or participants representing environmental justice populations. If the commission establishes such a process by rule, the commission, in consultation with the Department of Environmental Protection, shall include in that rule a definition for "environmental justice populations" that is consistent with any definition for that term adopted by the department in a department rule; and (3) Any other provisions the commission determines necessary for the implementation of this section. [PL 2023, c. 143, §4 (AMD).] [PL 2023, c. 143, §4 (AMD).]
35-A M.R.S. § 6506 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6506
35-A §6506. County commissioners' report
Status: in_force

1. Contents of the report. The county commissioners shall, at a regular meeting, make a report of their general estimate of damages and cause it to be recorded. In their report, the commissioners shall state specifically: A. The terms and conditions imposed by them; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The rights and obligations of each party. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Notice of damage award. After the report has been recorded, the county commissioners' clerk shall prepare a notice to each person stating the amount of damages awarded to that person. An officer shall serve the notice on those residing in the State. Notice to others must be by publication 3 weeks successively in a newspaper printed in the county. If there is no newspaper printed in the county, the notice must be published in a newspaper of general circulation in the area where the property is located. [RR 2021, c. 1, Pt. B, §428 (COR).]

3. Expense of notice. The expense of the notice shall be added to the costs of the proceedings which the taker shall pay. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3502 — ME Code / Title 35-A / Part 3 / Chapter 35 / Section 3502
35-A §3502. Procedures for changes in rates
Status: in_force

Notwithstanding section 310 , any consumer-owned transmission and distribution utility that proposes to increase rates, tolls or charges by not more than 15% of the utility's annual operating revenues or proposes to decrease rates, tolls or charges in any amount may elect to set rates pursuant to this section and section 3503 . [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

1. Public hearing. A consumer-owned transmission and distribution utility that elects 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 of the consumer-owned transmission and distribution utility may present testimony and may question the officials present regarding the proposed rate change. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Notification. The consumer-owned transmission and distribution utility shall, at least 30 days prior to the hearing, publish a notice of the amount of the proposed rate change, the percent of change for each customer class and the hearing, including the date, time, place and purpose of the hearing, in a newspaper of general circulation in the area encompassed by the consumer-owned transmission and distribution utility. In addition, 60 days prior to the hearing, the consumer-owned transmission and distribution utility shall notify the commission and the Public Advocate of its intent to change rates, tolls or charges. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Ratepayer notification. Each consumer-owned transmission and distribution utility shall give, at least 30 days prior to the public hearing, one notice to each of its ratepayers of: A. The amount of the proposed rate change; [PL 1995, c. 255, §3 (AMD).] B. The percent of change for each customer class; [PL 1995, c. 255, §3 (AMD).] C. The customer's right to request information relating to the present and proposed rates; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. The customer's right to an open and fair hearing and to further hearings before the commission; [PL 1995, c. 255, §3 (AMD).] E. The availability of assistance from the Public Advocate; [PL 1993, c. 589, §3 (AMD).] F. The date, time, place and purpose of the hearing; and [PL 1993, c. 589, §4 (AMD).] G. The customer's right to petition the commission to investigate the proposed rate change, the requirement that signatures on petitions filed pursuant to subsection 8 are invalid unless accompanied by the printed names and addresses of the signers and the fact 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. [PL 1995, c. 255, §3 (AMD).] [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Customer rights. At the commencement of each hearing held pursuant to this section, the consumer-owned transmission and distribution utility shall inform those present of customer rights as specified in subsection 3 , that the rate change may be investigated by the commission in accordance with subsection 8 and that petitions filed pursuant to subsection 8 must bear the signature, printed name and address of the signer. Upon request, the utility shall provide customers with petition forms that include a place for signatures and the printed names and addresses of the signers. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Supporting materials. The consumer-owned transmission and distribution 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 must be made available to customers for examination at the offices of the consumer-owned transmission and distribution utility for at least 30 days prior to the hearing. The consumer-owned transmission and distribution utility shall promptly provide any relevant additional material or information requested by a customer or by the commission or by the Public Advocate. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

6. Filing changed rates. The consumer-owned transmission and distribution 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. The commission may order the consumer-owned transmission and distribution utility to correct any mathematical or clerical errors. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

7. Effective date of rate change. Subject to the notice and waiver requirements of section 307 , consumer-owned transmission and distribution utilities electing to set rates under this section may establish an effective date for any rate change of at least one month, but not more than 9 months, from the date the rates are filed with the commission. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

8. Authority to investigate rate changes. If, within 30 days of the public hearing, 10% of the customers of the consumer-owned transmission and distribution utility or 750 customers, whichever is less, file with the utility and with the commission petitions requesting a review of the rate change by the commission, the rate change may be suspended, investigated, reviewed and changed by the commission in accordance with section 310 , except that no suspension ordered issued by the commission pursuant to section 310 may be effective for a period greater than 9 months from the date the rate changes were filed. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

9. Procedures for suspension of rate change. If the number of signatures on the petition is at least 750 or if the number of signatures on the petition equals or exceeds 10% of the customers indicated on the consumer-owned transmission and distribution 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 utility of the suspension. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

10. Transmission and distribution utility may challenge petitions. A consumer-owned transmission and distribution utility has 10 days from the 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 shall 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 utility notifies the commission in a timely fashion that it wishes to contest the validity of the petitions, the commission shall set the matter for hearing. It shall hold the hearing and issue its decision on the validity of the petitions within 30 days of notification by the 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 transmission and distribution service is provided and, in the case of all other accounts where the utility's transmission and distribution service is provided, a corporate officer, a partner or a proprietor. No more than one person may sign on behalf of an account. A person may not sign on behalf of more than one account unless the person is a customer at each account. A signature on a petition filed pursuant to subsection 8 is valid only if accompanied by the printed name and address of the signer. If a petition filed pursuant to subsection 8 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 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

11. Review of rates under section 310. Nothing in this section prohibits a consumer-owned transmission and distribution utility from petitioning the commission for review pursuant to section 310 in the first instance. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

12. Frequency of rate increases. A consumer-owned transmission and distribution utility may not institute a general increase in its rates under this section within one year of its most recent general increase in rates pursuant to this section. For the purposes of this section, a "general increase in rates" means any change in the rates, tolls and charges of a consumer-owned transmission and distribution utility, the effect of which is to increase the annual operating revenues of a consumer-owned transmission and distribution utility by more than 1%. [PL 1999, c. 398, Pt. A, §86 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

13. Penalty. If, upon the filing of a rate change pursuant to this section, the commission finds that the utility has failed to comply with this section, the commission may suspend the rates for investigation pursuant to section 310 . If there is a substantial procedural violation of this section, the commission may prohibit the utility from filing rates pursuant to this section in its next rate case. [PL 1995, c. 255, §6 (AMD).]
35-A M.R.S. § 3210-E — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-E
35-A §3210-E. Electric utility and conservation benefits (WHOLE SECTION TEXT EFFECTIVE UNTIL 12/31/34) (WHOLE SECTION TEXT REPEALED 12/31/34)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 12/31/34)

(WHOLE SECTION TEXT REPEALED 12/31/34)

1. Discount rates. Transmission and distribution utilities may offer discounted rates to qualified Pine Tree Development Zone businesses established under Title 30‑A and qualified businesses with respect to the Dirigo business incentives program established under Title 36, section 5219‑AAA . If a transmission and distribution utility requires approval prior to offering any such rate, the transmission and distribution utility shall apply to the commission in accordance with applicable provisions of this Title, and the commission may approve the rate if it finds it to be in accord with applicable requirements of this Title, except that the commission may take into account the overall benefits to ratepayers resulting from state efforts to promote economic development. [PL 2023, c. 412, Pt. J, §4 (AMD).]

2. Line extensions. When approving or authorizing line extension terms and conditions for qualified Pine Tree Development Zone businesses established under Title 30‑A , the commission may take into account the overall benefits to ratepayers resulting from state efforts to promote economic development within Pine Tree Development Zones established pursuant to Title 30‑A . [PL 2009, c. 627, §5 (NEW); PL 2009, c. 627, §12 (AFF).]

3. Conservation programs. [PL 2009, c. 627, §5 (NEW); PL 2009, c. 627, §12 (AFF); MRSA T. 35-A §3210-E, sub-§3 (RP).]

4. Conservation programs. Beginning July 1, 2010, in designing and implementing conservation programs pursuant to section 10110 , the Efficiency Maine Trust may make available to qualified Pine Tree Development Zone businesses established under Title 30‑A special programs of enhanced value to aid state efforts to promote economic development within Pine Tree Development Zones. A program made available pursuant to this subsection must be cost-effective as defined by the Efficiency Maine Trust by rule or order pursuant to section 10110 . [PL 2009, c. 627, §5 (NEW); PL 2009, c. 627, §12 (AFF).]

5. Electricity sales. Notwithstanding section 3210 , the sale of electricity by a competitive electricity provider is exempt from the requirements of that section if the electricity is sold to: A. A qualified Pine Tree Development Zone business established under Title 30‑A ; or [PL 2023, c. 412, Pt. J, §5 (NEW).] B. A for-profit manufacturing or targeted technology business in this State engaged in or that will engage in a qualified business activity that will result in the addition of at least one qualified employee above its base level of employment in this State if: (1) The business demonstrates that the establishment or expansion of operations within the State would not occur absent the availability of the benefits provided under this subsection and provides to the Department of Economic and Community Development, at a minimum, a signed and notarized statement to this effect. The department shall determine whether the business has met the requirements of this subparagraph; and (2) The business has received a letter of certification from the Commissioner of Economic and Community Development that the business meets the qualifications of this subsection and that describes the qualified business activity of the business. The Commissioner of Economic and Community Development shall issue a certificate to a business after the commissioner has verified that the business met the requirements of this paragraph and has added at least one qualified employee above its base level of employment. A letter of certification is valid for 10 years. [PL 2023, c. 412, Pt. J, §5 (NEW).] For the purposes of this subsection, "base level of employment" has the same meaning as in Title 30‑A, section 5250‑I, subsection 4 ; "qualified business activity" means a business activity conducted within a tier 1 Pine Tree Development Zone as described in Title 30‑A, section 5250‑J, subsection 3‑A that is directly related to manufacturing or a targeted technology business for which the business receives a letter of certification from the Commissioner of Economic and Community Development pursuant to paragraph B , subparagraph (2); "qualified employee" means a qualified Pine Tree Development Zone employee as defined in Title 30‑A, section 5250‑I, subsection 18 ; and "targeted technology business" means a business primarily involved in one or more targeted technologies as defined in Title 5, section 15301, subsection 2 . A business eligible for the exemption under this subsection may request that the commission waive the exemption for the sale of electricity to that business. The commission may adopt routine technical rules, as defined in Title 5, chapter 375, subchapter 2‑A , to implement this subsection. [PL 2023, c. 412, Pt. J, §5 (AMD).]

6. Repeal. This section is repealed December 31, 2034. [PL 2023, c. 412, Pt. J, §6 (AMD).]
35-A M.R.S. § 1510-A — ME Code / Title 35-A / Part 1 / Chapter 15 / Section 1510-A
35-A §1510-A. Disposition of administrative penalty
Status: in_force

The disposition of administrative penalties collected by the commission is governed by section 117, subsection 3 . [PL 2005, c. 432, §2 (RPR).]
35-A M.R.S. § 101 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 101
35-A §101. Statement of purpose
Status: in_force

The purpose of this Title is to ensure that there is a regulatory system for public utilities in the State and for other entities subject to this Title that is consistent with the public interest and with other requirements of law and to provide for reasonable licensing requirements for competitive electricity providers. The basic purpose of this regulatory system as it applies to public utilities subject to service regulation under this Title is to ensure safe, reasonable and adequate service, to assist in minimizing the cost of energy available to the State’s consumers, to ensure that the rates of public utilities subject to rate regulation are just and reasonable to customers and public utilities and to reduce greenhouse gas emissions to meet the greenhouse gas emissions reduction levels set forth in Title 38, section 576‑A . [PL 2021, c. 279, §1 (AMD).]
35-A M.R.S. § 1701 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1701
35-A §1701. Appointment and staff
Status: in_force

1. Appointment of the Public Advocate. [PL 2009, c. 399, §1 (RP).]

1-A. Appointment of the Public Advocate; term; removal. This subsection governs the appointment, term of service and removal of the Public Advocate. A. The Governor shall appoint the Public Advocate, subject to review by the joint standing committee of the Legislature having jurisdiction over public utilities matters and to confirmation by the Legislature. [PL 2009, c. 399, §2 (NEW).] B. The Public Advocate shall serve for a 4-year term of office, beginning on February 1, 2013 and every 4 years thereafter. [PL 2009, c. 399, §2 (NEW).] C. The Public Advocate may continue to serve beyond the end of the 4-year term until a successor is appointed and qualified. [PL 2009, c. 399, §2 (NEW).] D. Any vacancy occurring must be filled by appointment for the unexpired portion of the term. [PL 2009, c. 399, §2 (NEW).] E. Any willful violation of this chapter by the Public Advocate constitutes sufficient cause for removal of the Public Advocate by the Governor, on the address of both branches of the Legislature or by impeachment pursuant to the Constitution of Maine, Article IX, Section 5. [PL 2009, c. 399, §2 (NEW).] [PL 2009, c. 399, §2 (NEW).]

2. Staff of the Public Advocate. The staff of the Public Advocate consists of such other personnel, including staff attorneys, as the Public Advocate determines necessary to represent the using and consuming public, as required by section 1702 . All personnel under this subsection must be appointed, supervised and directed by the Public Advocate. The Public Advocate is not subject to the supervision, direction or control of the chair or members of the commission. [RR 2021, c. 2, Pt. A, §122 (COR).]

2-A. Nonwires alternative policy; coordinator; services. The Public Advocate shall contract with a person or entity, referred to in this subsection as "the nonwires alternative coordinator," to provide services in accordance with this subsection. As used in this subsection, "nonwires alternative" has the same meaning as in section 3131, subsection 4‑C . The nonwires alternative coordinator shall: A. Review small transmission project and distribution project planning studies in accordance with section 3132‑B ; [PL 2019, c. 298, §3 (NEW).] B. Investigate and make recommendations regarding nonwires alternatives to proposed capital investments in the transmission and distribution system pursuant to sections 3132 , 3132‑A and 3132‑B and in accordance with section 3132‑C ; [PL 2019, c. 298, §3 (NEW).] C. Conduct benefit-cost analyses to evaluate the cost-effectiveness of nonwires alternatives and make recommendations regarding nonwires alternatives and procurement of recommended nonwires alternatives in accordance with sections 3132‑C and 3132‑D ; and [PL 2019, c. 298, §3 (NEW).] D. Track the implementation of nonwires alternative projects in the State and issue quarterly reports on the projects' progress, including project budgets, timelines, in-service dates, costs incurred, operational savings and other benefits. [PL 2019, c. 298, §3 (NEW).] The nonwires alternative coordinator shall collaborate with the Efficiency Maine Trust, transmission and distribution utilities and interested parties in performing the services required by this subsection. The Public Advocate shall include in its annual report required under section 1702, subsection 6 information regarding the services provided by the nonwires alternative coordinator. [PL 2019, c. 298, §3 (NEW).]

3. Salaries of certain employees. The salaries of the following employees of the Public Advocate are within the following salary ranges: A. Deputy Public Advocate, salary range 53; [PL 1999, c. 259, §4 (NEW).] B. Senior Counsel, salary range 36; [PL 1999, c. 259, §4 (NEW).] C. [PL 2011, c. 655, Pt. P, §1 (RP).] D. [PL 2019, c. 226, §2 (RP).] E. Senior Assistant to the Public Advocate, salary range 26; [PL 2021, c. 195, §2 (AMD).] F. Special Assistant to the Public Advocate, salary range 25; and [PL 2019, c. 226, §2 (AMD); PL 2019, c. 298, §4 (AMD).] G. Economic Analyst, salary range 36. [PL 2019, c. 226, §2 (NEW).] The employees listed in this subsection serve at the pleasure of the Public Advocate and are confidential employees. All other employees of the Public Advocate are subject to the Civil Service Law. The Public Advocate may compensate one or more Senior Counsels at salary range 37 if, in the judgment of the Public Advocate, an increase is necessary to provide competitive salary levels. [PL 2021, c. 195, §2 (AMD).]
35-A M.R.S. § 4509 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4509
35-A §4509. Application of this Title
Status: in_force

A natural gas pipeline utility is subject to all provisions of this Title as far as applicable and to the orders and rules adopted and promulgated by the commission under the authority of this Title. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4713 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4713
35-A §4713. Assessment and report of natural gas leaks
Status: in_force

1. Gas utilities to assess for natural gas leaks. A gas utility shall assess its natural gas system for natural gas leaks, including every natural gas main and meter under its jurisdiction, as frequently as may be required by the commission by rule, but no less frequently than every 3 years. [PL 2025, c. 217, §1 (NEW).]

2. Gas utility; reporting. Each gas utility shall provide reports to the commission at a frequency as established by the commission by rule regarding the number of natural gas leaks identified by the gas utility and the actions taken by the gas utility to address the natural gas leaks. The reports must protect individually identifiable customer information by omitting customer names and addresses, except that the reports must include street location information for the identified natural gas leaks. The commission shall post the reports received from gas utilities in accordance with this subsection on the commission's publicly accessible website. [PL 2025, c. 217, §1 (NEW).]

3. Commission; reporting. No later than April 1, 2026 and annually thereafter, the commission shall provide a report to the joint standing committee of the Legislature having jurisdiction over utility matters. The report must list each gas utility providing service in the State and the number of natural gas leaks identified by the gas utility in the prior calendar year by street location and must describe any action taken by the gas utility to address the natural gas leaks. The report must protect individually identifiable customer information by omitting customer names and addresses. The commission shall post the reports required by this subsection on the commission's publicly accessible website. [PL 2025, c. 217, §1 (NEW).]

4. Compliance. The commission shall periodically assess gas utility compliance with the requirements of subsections 1 and 2 at a frequency determined by the commission. [PL 2025, c. 217, §1 (NEW).]

5. Rules. The commission may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 217, §1 (NEW).]
35-A M.R.S. § 6807 — ME Code / Title 35-A / Part 6 / Chapter 68 / Section 6807
35-A §6807. Finances; annual report
Status: in_force

1. Expenses. The members of a regional water council may contribute funds to meet the expenses of the council. Services of personnel, use of equipment and office space and other necessary services may be accepted from members as part of their financial support. [PL 2017, c. 58, §5 (AMD).]

2. Funds; limitation. A regional water council may accept funds, grants, gifts and services from: A. The Federal Government; [PL 2005, c. 209, §1 (NEW).] B. The State or its departments, agencies or instrumentalities; [PL 2005, c. 209, §1 (NEW).] C. Any governmental unit not specified in paragraph A or B , whether participating in the regional water council or not; and [PL 2005, c. 209, §1 (NEW).] D. Private and public sources. [PL 2005, c. 209, §1 (NEW).] A fund, grant, gift or service of the State or its departments, agencies or instrumentalities otherwise available to water-related entities may not be made conditional on a water-related entity's membership in a regional water council. [PL 2017, c. 58, §5 (AMD).]

3. Report. A regional water council shall make an annual report including a statement of financial activities to the member water-related entities. The report must be filed with the Public Utilities Commission and the drinking water program of the Department of Health and Human Services. [PL 2017, c. 58, §5 (AMD).]
35-A M.R.S. § 4102 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4102
35-A §4102. Findings and declaration of necessity
Status: in_force

It is found and declared that: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Supply necessary. An adequate, reliable and economical supply of electricity in the State is a necessity to the enjoyment of life and health by the people of the State and its absence would endanger the State, its people and its economy; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Development. The provision of a means of promoting the development of an adequate, reliable and economical supply of electricity is a matter of public and state concern, is a public purpose and is for the general good of the inhabitants of the State; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Deficiency. There exists a serious deficiency in the ability of various municipalities and rural electric cooperatives in the State presently providing electricity for sale at retail to finance the acquisition, construction and installation of generation, transmission and distribution facilities necessary to ensure an adequate, reliable and economical supply of electricity, and that deficiency constitutes an exigency under which the Legislature may act; [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Supply. The enactment of this chapter constitutes the most expedient way for the Legislature to provide a means for those municipalities and rural electric cooperatives to develop an adequate, reliable and economical supply of electricity; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Public interest. The necessity of the public interest for the provisions enacted is declared as a matter of legislative determination. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3107 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3107
35-A §3107. Consumer protections; bill information (REALLOCATED FROM TITLE 32, SECTION 3106)
Status: in_force

(REALLOCATED FROM TITLE 32, SECTION 3106)

The commission by rule shall establish customer bill information requirements for investor-owned transmission and distribution utilities that: [PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]

1. Historical rate information. Require investor-owned transmission and distribution utilities to include, once per year, as an insert or attachment to customer bills, an informational chart produced by the commission that displays a 10-year history of transmission, distribution and standard-offer service rates available to the customer's rate class, along with a statement of the total percentage change in transmission, distribution and standard-offer service rates over the 10-year period. The commission shall post the informational charts produced pursuant to this subsection on the commission's publicly accessible website; [PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]

2. Consumer assistance. Require a customer bill issued by an investor-owned transmission and distribution utility to display clearly and prominently the toll-free telephone number for the commission's consumer assistance and safety division and a statement of the consumer assistance services available by calling the division; and [PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]

3. Correction of misleading information. Establish a process by which, if the commission finds that an investor-owned transmission and distribution utility has included on customer bills, or inserts or attachments to customer bills, information that is misleading, deceptive or inaccurate, the transmission and distribution utility is required to provide to customers a statement that corrects the misleading, deceptive or inaccurate information that was disseminated. Upon request of the Public Advocate, the commission shall investigate the truth and accuracy of information included on customer bills, or inserts or attachments to customer bills. [PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]
35-A M.R.S. § 5101-C — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5101-C
35-A §5101-C. Preservation of financial viability of Casco Bay Island Transit District
Status: in_force

In reviewing an application for a certificate of public convenience and necessity for the provision of scheduled passenger, freight or vehicle transportation service under section 5101 , the commission shall consider the cumulative impact of each application in conjunction with any other certificates previously granted for ferry services in Casco Bay. The commission may not grant a certificate for scheduled passenger, freight or vehicle transportation service that is likely to have a significant adverse impact on the rates that must be charged by the Casco Bay Island Transit District, the capability of the district to sell or repay bonds, the short-term or long-term financial viability of the district, or the ability of the district to retain a reasonable level of cross-subsidization, taking into consideration the full range of services provided by the district and the requirement that the district provide and maintain reasonable and adequate service, rates and schedules to the islands of Casco Bay as required by section 5103 . [PL 1991, c. 774, §2 (NEW).]
35-A M.R.S. § 120 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 120
35-A §120. Annual report
Status: in_force

The commission shall report annually, before February 1st, to the joint standing committee of the Legislature having jurisdiction over public utilities on: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Budget. The commission's planned expenditures for the year and its use of funds in the previous year, including the expenditures from the Public Utilities Commission Regulatory Fund as established pursuant to section 116 ; [PL 1999, c. 584, §1 (AMD).]

2. Various fees. The waiver, exemption, receipt and expenditure of any filing fees, expenses, reimbursements or fines collected under this Title, on a case-by-case basis; [PL 1999, c. 584, §1 (AMD).]

2-A. Filing fees and penalties; legislation. Any filing fees or penalties collected in the previous year under this Title that have not been adjusted in the previous 5 years. For filing fees or penalties reported pursuant to this subsection, the commission shall submit, along with the annual report, information regarding the dollar value of the filing fee or penalty adjusted for inflation based on the Consumer Price Index, as defined in Title 5, section 17001, subsection 9 . After receiving the annual report, the committee may report out a bill to adjust for inflation any filing fee or penalty provided in the report; [PL 2021, c. 318, §3 (NEW).]

2-B. Commission expenses; investor-owned and consumer-owned utilities. Beginning in 2022, for each category of public utility listed in section 116, subsection 1 : A. The portion of commission resources devoted to matters related to investor-owned utilities and the portion of commission resources devoted to matters related to consumer-owned utilities; and [PL 2021, c. 318, §4 (NEW).] B. The commission's expenses per dollar of intrastate gross operating revenue for investor-owned utilities and for consumer-owned utilities; [PL 2021, c. 318, §4 (NEW).] [PL 2021, c. 318, §4 (NEW).]

3. Regional issues. The commission's efforts undertaken in accordance with its authority under this Title to promote and protect consumer interests through participation in and presentations before regional entities and federal agencies with jurisdiction over regional marketplaces that affect the State's consumers, including, but not limited to, the efforts described in section 1911 . The commission must provide an assessment of staffing requirements to undertake these responsibilities; [PL 2023, c. 77, §1 (AMD).]

4. Rural issues. [PL 2023, c. 77, §2 (RP).]

5. Telephone exemptions. The commission's activities undertaken pursuant to its authority to grant exemptions to providers of provider of last resort service from certain portions of this Title; [PL 2011, c. 623, Pt. D, §4 (AMD).]

6. Significant developments. Any significant developments in the utility sectors or other areas of commission oversight including, but not limited to, the developments described in the following provisions: A. Section 3195, subsection 5 ; and [PL 2023, c. 77, §3 (NEW).] B. Section 4706, subsection 9 ; [PL 2023, c. 77, §3 (NEW).] [PL 2023, c. 77, §3 (AMD).]

6-A. Microgrids. Beginning February 1, 2025, any activities undertaken by the commission related to new microgrids as defined in section 3351, subsection 1, paragraph B , including whether any new microgrids have been approved; and [PL 2021, c. 236, §2 (NEW).]

7. Other. All other subjects that the commission is required to include in the annual report pursuant to law, including, but not limited to, the following provisions: A. Title 25, section 2927‑A, subsection 8 ; [PL 2025, c. 167, §44 (AMD).] B. Section 3144, subsection 5 ; [PL 2023, c. 77, §4 (NEW).] C. Section 3214, subsection 6 ; [PL 2023, c. 77, §4 (NEW).] D. Section 3217, subsection 4 ; [PL 2023, c. 77, §4 (NEW).] D-1. Section 3805, subsection 1 ; [PL 2025, c. 110, §2 (NEW).] E. Section 4706‑B, subsection 4 ; and [PL 2023, c. 77, §4 (NEW).] F. Section 6102‑A, subsection 2 . [PL 2023, c. 77, §4 (NEW).] [PL 2025, c. 110, §2 (AMD); PL 2025, c. 167, §44 (AMD).]
35-A M.R.S. § 9202 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9202
35-A §9202. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 665, §3 (NEW).]

1. Advanced communications technology infrastructure. "Advanced communications technology infrastructure" means any communications technology infrastructure or infrastructure improvement that expands the deployment of, or improves the quality of, broadband availability and connectivity. [PL 2019, c. 343, Pt. QQ, §1 (AMD).]

2. Authority. "Authority" means the ConnectMaine Authority established in section 9203 . [PL 2019, c. 625, §6 (AMD).]

3. Communications service. "Communications service" means any wireline voice, satellite, data, fixed wireless data or video retail service. [PL 2005, c. 665, §3 (NEW).]

4. Communications service provider. "Communications service provider" means: A. Any entity offering communications service to customers in the State; or [PL 2005, c. 665, §3 (NEW).] B. Any facilities-based provider of wireless voice or data retail service that voluntarily chooses to be assessed by the authority pursuant to section 9211 . [PL 2005, c. 665, §3 (NEW).] [PL 2005, c. 665, §3 (NEW).]

5. Unserved or underserved area. "Unserved or underserved area" means an area that the authority pursuant to section 9204‑A, subsection 1 determines to meet criteria established by the authority by rule adopted pursuant to section 9205, subsection 3 . [PL 2015, c. 284, §2 (AMD).]
35-A M.R.S. § 6109-A — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6109-A
35-A §6109-A. Lease of property by consumer-owned water utility
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Charter" has the same meaning as set forth in section 6402, subsection 1 . [PL 2003, c. 267, §1 (NEW).] B. "Consumer-owned water utility" has the same meaning as set forth in section 6101, subsection 1‑A . [PL 2003, c. 267, §1 (NEW).] [PL 2003, c. 267, §1 (NEW).]

2. Agreements authorized. Notwithstanding any provision to the contrary in its charter, a consumer-owned water utility may enter into a lease and leaseback transaction with respect to some or all of its real or personal property, other than land, and may take all other action necessary or desirable, including, but not limited to, the granting of mortgages and liens, to effectuate the transaction. For purposes of this subsection, "lease" includes a lease of any length, including leases that may be defined as sales for income tax purposes. [PL 2003, c. 267, §1 (NEW).]
35-A M.R.S. § 908 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 908
35-A §908. Additional requirements as to issuance
Status: in_force

1. Commission's order recorded on utility's books. No public utility may issue any stocks, bonds, notes or other evidences of indebtedness, unless payable within one year from date of issuance, for money, property or services, in payment for them, either directly or indirectly, until the commission's authorizing order is recorded on the utility's books. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Commission consent for refund of indebtedness. No indebtedness may in whole or in part, directly or indirectly, be refunded by any issue of stocks or bonds or by any other evidence of indebtedness, running for more than 12 months, without the consent of the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3454 — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3454
35-A §3454. Determination of tangible benefits; requirements
Status: in_force

In making findings pursuant to Title 38, section 484, subsection 3 , the primary siting authority shall presume that an expedited wind energy development provides energy and emissions-related benefits described in section 3402 and shall make additional findings regarding other tangible benefits provided by the development. The Department of Labor, the Governor's Energy Office and the Public Utilities Commission shall provide review comments if requested by the primary siting authority. [PL 2021, c. 293, Pt. A, §47 (RPR).]

1. Documentation. As part of any permit application for an expedited wind energy development, the applicant shall include the following information regarding tangible benefits, except that the applicant may submit the information required under paragraph D as an addendum to the permit application during the period in which the application is pending: A. Estimated jobs to be created statewide and in the host community or communities, as a result of construction, maintenance and operations of the project; [PL 2009, c. 642, Pt. A, §7 (NEW).] B. Estimated annual generation of wind energy; [PL 2009, c. 642, Pt. A, §7 (NEW).] C. Projected property tax payments; [PL 2009, c. 642, Pt. A, §7 (NEW).] D. A description of the community benefits package, including but not limited to community benefit agreement payments, to be provided in accordance with the requirements of subsection 2 ; and [PL 2009, c. 642, Pt. A, §7 (NEW).] E. Any other tangible benefits to be provided by the project. [PL 2009, c. 642, Pt. A, §7 (NEW).] [PL 2009, c. 642, Pt. A, §7 (NEW).]

2. Community benefits package requirement. Except as provided in subsection 3 , to demonstrate that an expedited wind energy development provides significant tangible benefits as required in Title 38, section 484, subsection 10 , the applicant for an expedited wind energy development is required to establish a community benefits package valued at no less than $4,000 per year per wind turbine included in the expedited wind energy development, averaged over a 20-year period. This subsection does not affect the property tax obligations of an expedited wind energy development. [PL 2011, c. 682, §28 (AMD).]

3. Community benefits package requirement; exceptions. The community benefits package requirement under subsection 2 : A. Is waived for any expedited wind energy development that: (1) Has an installed capacity of less than 20 megawatts; or (2) Is owned by a nonprofit entity, a public entity or a quasi-public entity; and [PL 2009, c. 642, Pt. A, §7 (NEW).] B. Does not apply to those turbines included in the development that are located: (1) In a host community in which the legislative body has voted to waive or reduce the community benefits package requirement; (2) On Passamaquoddy Indian territory, as defined in Title 30, section 6203, subsection 6 , unless the Passamaquoddy Tribe notifies the primary siting authority that it chooses to be considered a host community for the purposes of this chapter with respect to the expedited wind energy development; (3) On Penobscot Indian territory, as defined in Title 30, section 6203, subsection 9 , unless the Penobscot Nation notifies the primary siting authority that it chooses to be considered a host community for the purposes of this chapter with respect to the expedited wind energy development; or (4) On Qualifying Band Trust Land unless the Mi'kmaq Nation notifies the primary siting authority that it chooses to be considered a host community for the purposes of this chapter with respect to the expedited wind energy development. The community benefits package requirement applies to any turbines of the development that are not exempted under subparagraph (1) , (2), (3) or (4). [PL 2009, c. 642, Pt. A, §7 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).] Nothing in this subsection limits a host community's authority to require an expedited wind energy development to enter into a community benefit agreement and to fulfill its property tax obligations. [PL 2009, c. 642, Pt. A, §7 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).]

4. Community benefit agreement payments to counties. When generating facilities of an expedited wind energy development are located within an unorganized or deorganized area other than within a plantation, community benefit agreement payments provided to the county as the host community in accordance with this section may be used for projects and programs of public benefit located anywhere within that county. [PL 2009, c. 642, Pt. A, §7 (NEW).]

5. Promoting economic development and resource conservation; assistance to host communities. To the extent practicable within existing resources, the Department of Economic and Community Development, the Governor's Energy Office and the Governor's Office of Policy Innovation and the Future shall provide, upon the request of a host community, assistance for the purpose of helping the host community maximize the economic development and resource conservation benefits from tax payments and payments made pursuant to a community benefit agreement or a community benefits package in connection with expedited wind energy developments. As part of this assistance, the department and the Department of Economic and Community Development shall support host communities in identifying additional funding and developing regional economic and natural resource conservation strategies. [PL 2019, c. 343, Pt. D, §16 (AMD).]
35-A M.R.S. § 9408 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9408
35-A §9408. Collection of data
Status: in_force

Subject to the provisions of this section, the authority may collect data from communications service providers and any wireless providers that own or operate advanced communications technology infrastructure in the State concerning infrastructure deployment and costs, revenues and subscribership. [PL 2021, c. 364, §3 (NEW).]

1. Confidential information. If the authority, on its own or upon request of any person or entity, determines that public access to specific information about communications service providers or wireless providers in the State could compromise the security of public utility systems to the detriment of the public interest or that specific information is of a competitive or proprietary nature, the authority shall issue an order that sets forth its designation of the information as confidential. Information that may be designated as confidential pursuant to this subsection includes, but is not limited to, network diagrams. The authority may designate information as confidential under this subsection only to the minimum extent necessary to protect the public interest and the legitimate competitive or proprietary interests of a communications service provider or a wireless provider. The authority may not designate any information as confidential under this subsection until it has adopted rules to implement this subsection. Information designated as confidential under this subsection is not a public record under Title 1, section 402, subsection 3 . [PL 2021, c. 364, §3 (NEW).]

2. Protection of information. A communications service provider or a wireless provider may request that information provided to the authority that the provider requests be designated as confidential under subsection 1 not be viewed by those members of the authority who could gain a competitive advantage from viewing the information. Upon such a request, the authority shall ensure that the information provided is viewed only by those members of the authority and staff who do not stand to gain a competitive advantage and that there are adequate safeguards to protect that information from members of the authority who could gain a competitive advantage from viewing the information. [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 10308 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10308
35-A §10308. Funding
Status: in_force

In addition to funds provided from the General Fund or other available resources, the department is funded in accordance with this section. [PL 2025, c. 476, Pt. A, §16 (NEW).]

1. Federal funds. The department is funded by federal funds that are available to and received by the department. Such federal funds may be applied to support the personal services and all other costs of the department. [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Efficiency Maine Trust funding. To the extent federal funds under subsection 1 are inadequate to meet the funding needs of the department, the department may receive funds from the Efficiency Maine Trust, established in chapter 97 , but only for that portion of the department's activities that supports or reasonably relates to programs or activities of the Efficiency Maine Trust. The commissioner shall keep an accounting of the department's resources devoted to its various duties and activities, including that portion of its resources devoted to activities in support of or reasonably related to programs or activities of the Efficiency Maine Trust. The department shall provide the accounting to the joint standing committee of the Legislature having jurisdiction over energy matters as part of its annual report under section 10305, subsection 3 . 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 Efficiency Maine Trust funds to support the department. In accordance with any legislative allocation or deallocation of Efficiency Maine Trust funds to support the department, the commissioner shall request from the Efficiency Maine Trust and the trust shall provide the allocated resources to the department. [PL 2025, c. 476, Pt. A, §16 (NEW).]

3. Acceptance and administration of funds. The department may accept, administer and expend funds, including, but not limited to, funds from the Federal Government or from private sources, for purposes consistent with this chapter. The commissioner shall provide a report of the amount of any outside funding received from private sources and its designated purpose to the Governor and the joint standing committee of the Legislature having jurisdiction over energy matters in accordance with section 10305, subsection 3 . [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 6410 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6410
35-A §6410. Standard districts and water districts; trustees
Status: in_force

All of the affairs of a standard district must be managed by a board of trustees whose members must be residents of the district. The number of trustees must be specified in the standard district's charter. After selection of the first board, each trustee is nominated and elected or appointed as provided in the charter creating the standard district and in accordance with subsection 1 or 2 , as applicable. If the charter does not indicate whether trustees are appointed or elected, the trustees, after the selection of the first board, must be elected in accordance with subsection 1 . [PL 1995, c. 616, §10 (NEW).]

1. Standard districts; nominations and elections; vacancies. Nominations and elections of trustees are conducted in accordance with the laws relating to municipal elections. When the term of office of a trustee expires, the trustee's successor is elected at large by a plurality vote of the voters of the standard district. For the purpose of election, a special election must be called and held on the date established by the trustees. The election must be called by the trustees of the standard district in the same manner as town meetings are called and, for this purpose, the trustees are vested with the powers of municipal officers of towns. A vacancy is filled in the same manner for the unexpired term by a special election called by the trustees of the standard district. The trustees shall appoint a registrar of voters for the standard district, who may also be the registrar of voters for any town within the standard district, and fix the registrar's salary. It is the registrar's duty to make and keep a complete list of all the registered voters resident in the standard district. The list prepared by the registrar governs the eligibility of any voter. Voters who are resident outside the territorial limits of the standard district, as defined in its charter, are not eligible voters and the registrar of voters shall exclude those voters from the registrar's lists. All warrants issued for elections by the trustees must show that only the voters resident within the territorial limits of the standard district are entitled to vote. [PL 2003, c. 147, §2 (AMD).]

2. Standard districts; appointments. If the charter creating a standard district specifies that the trustees are appointed, the appointments must be made as provided in the charter. [PL 1995, c. 616, §10 (NEW).]

3. Standard districts; eligibility requirements. When a trustee ceases to be a resident of a standard district, the trustee shall vacate the office of trustee and the vacancy is filled as provided in subsection 1 or 2 , as applicable. All trustees are eligible for reelection or reappointment, but a person who is a municipal officer, as defined in Title 30‑A, section 2001, subsection 10 , of any town located, in whole or in part, within the standard district is not eligible for appointment, nomination or election as a trustee of that district. [PL 1995, c. 616, §10 (NEW).]

4. Standard districts; first board. The first board is appointed or elected as provided in the charter creating the standard district. At the first meeting, the initial trustees shall determine by agreement or, failing to agree, they shall determine by lot the term of office of each trustee. The terms of the trustees must be determined in accordance with the following table. TERM Total number of trustees 1 year 2 years 3 years 3 1 1 1 4 1 1 2 5 1 2 2 6 2 2 2 7 2 2 3 8 2 3 3 9 3 3 3 10 3 3 4 11 3 4 4 12 4 4 4 13 4 4 5 14 4 5 5 15 5 5 5 The trustees shall enter on their records the determination made. Vacancies are filled pursuant to subsection 1 or 2 , as applicable. At this original meeting, the trustees shall organize by electing from among their members a chair and a clerk, by adopting a corporate seal and by electing a treasurer who may or may not be a trustee. [PL 1995, c. 616, §10 (NEW).]

5. Water districts; organization; conduct of business. Within one week after each annual appointment or election, the trustees of a water district shall meet for the purpose of electing a chair, treasurer and clerk from among them to serve for the ensuing year and until their successors are elected or appointed and qualified. The trustees, from time to time, may choose and employ and fix the compensation of any other necessary officers and agents who serve at the pleasure of the trustees. The treasurer shall furnish bond in the sum and with sureties approved by the trustees. The water district shall pay the cost of the bond. The trustees may adopt and establish bylaws consistent with the laws of this State and necessary for the convenience and the proper management of the affairs of the water district, and perform other acts within the powers delegated by law to the trustees. The trustees must be sworn to the faithful performances of their duties including the duties of a member who serves as clerk or clerk pro tem. The trustees shall publish an annual report that includes a report of the treasurer. Business of the district must be conducted in accordance with the applicable provisions of the Freedom of Access Act. [PL 2011, c. 662, §23 (AMD).]

6. Standard districts; decisions of the board. All decisions of the board of trustees must be made by a majority of those present and voting, except that a vote to approve the issuing of any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance must be approved by a majority of the entire elected board. A quorum of the board of trustees consists of the total number of authorized trustees divided by 2 and, if necessary to obtain a whole number, the resulting number rounded up to the next whole number. Trustees are subject to the conflict of interest provisions of Title 30‑A, section 2605 . [PL 1995, c. 616, §10 (NEW).]

7. Water districts; trustees' compensation. The trustees of a water district receive compensation as recommended by the trustees and approved by a majority of the municipal officers of the municipality, including compensation for any duties they perform as officers, as well as for their duties as trustees. For districts serving more than one municipality, any change in the compensation received by the trustees for any duties they perform within the district must be recommended by the trustees and approved by majority vote of the municipal officers in each municipality in municipalities representing a majority of the population within the district. Certification of the vote must be recorded with the Secretary of State and recorded in the bylaws. Compensation schedules in effect on January 1, 1982 continue in effect until changed. Notwithstanding section 6401, subsection 2 , this subsection does not apply to any water district for which the charter provides for trustee compensation in a manner inconsistent with this subsection and specifically indicates by its own terms that this subsection or former section 6303, subsection 4 does not apply. [PL 2003, c. 147, §2 (AMD).]

8. Water districts; trustees' retirement. Persons who have not been water district trustees prior to January 1, 1987, and who are not full-time employees, are not eligible to become members of the Maine Public Employees Retirement System as a result of their selection as trustees. For purposes of determining a water district trustee's eligibility to be a member of the Maine Public Employees Retirement System prior to January 1, 1987, the provisions of the appropriate governing charter in effect at the time of the trustee's application for membership controls. [PL 1995, c. 616, §10 (NEW); PL 2007, c. 58, §3 (REV).]

9. Standard districts; expenses. The trustees may obtain an office and incur necessary expenses. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 306 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 306
35-A §306. Schedule of joint rates
Status: in_force

A schedule of joint rates or charges that is or may be in force between 2 or more public utilities shall be printed and filed with the commission and made open to the public in accordance with the provisions of this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2514 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2514
35-A §2514. Travel and trees not to be interfered with
Status: in_force

1. Public travel. Every person in constructing and maintaining its poles, lines, fixtures and appliances in, along, over, under and across the roads and streets in which it may obtain locations and across or under the waters upon and along its route or routes may not obstruct the use of the roads and streets for public travel or interrupt the navigation of the waters. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Trees. No person, in connection with any of the activities specified in subsection 1 may injure, cut down or destroy any fruit tree or any tree or shrub standing and growing for the purposes of shade or ornament. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Bridges. This chapter may not be construed to authorize the construction of a bridge across any of the waters of the State. [RR 1991, c. 2, §129 (COR).]
35-A M.R.S. § 1904 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1904
35-A §1904. Energy cost reduction contracts; physical energy storage contracts
Status: in_force

The commission in consultation with the Public Advocate and the Governor's Energy Office may execute an energy cost reduction contract or a physical energy storage contract, or both, in accordance with this section. In no event may the commission execute energy cost reduction contracts for the transmission of greater than a cumulative total of 200,000,000 cubic feet of natural gas per day. In no event may the commission execute physical energy storage contracts for a total amount that exceeds $25,000,000 annually, and in no event may the total amount of all contracts entered into under this section exceed $75,000,000 annually. [PL 2015, c. 445, §5 (AMD).]

1. Prior to executing an energy cost reduction contract. Before executing an energy cost reduction contract, the commission shall: A. Pursue, in appropriate regional and federal forums, market and rule changes that will reduce the basis differential for gas coming into New England and increase the efficiency with which gas brought into New England and Maine is transmitted, distributed and used. If the commission concludes that those market or rule changes will, within the same time frame, achieve substantially the same cost reduction effects for Maine electricity and gas customers as the execution of an energy cost reduction contract, the commission may not execute an energy cost reduction contract; [PL 2015, c. 329, Pt. E, §1 (AMD).] B. Explore all reasonable opportunities for private participation in securing additional gas pipeline capacity that would achieve the objectives in subsection 2 . If the commission concludes that private transactions, within the same time frame, achieve substantially the same cost reduction effects for Maine electricity and gas customers as the execution of an energy cost reduction contract, the commission may not execute an energy cost reduction contract; and [PL 2015, c. 329, Pt. E, §1 (AMD).] C. In consultation with the Public Advocate and the Governor's Energy Office, hire a consultant with expertise in natural gas markets to make recommendations regarding the execution of an energy cost reduction contract. The commission shall consider those recommendations as part of an adjudicatory proceeding under subsection 2 . [PL 2013, c. 369, Pt. B, §1 (NEW).] [PL 2015, c. 329, Pt. E, §1 (AMD).]

1-A. Prior to executing a physical energy storage contract. Before executing a physical energy storage contract, the commission shall: A. Pursue, in appropriate regional and federal forums, market and rule changes that will reduce the reliability risk faced by off-system natural gas users or on-system consumers and will provide a physical hedge to higher priced on-peak, winter period natural gas supplies. If the commission concludes that those market or rule changes will, within the same time frame, achieve substantially the same cost reduction effects for the State's electricity and gas customers as the execution of a physical energy storage contract, the commission may not execute a physical energy storage contract; and [PL 2015, c. 445, §5 (NEW).] B. Explore all reasonable opportunities for private participation that would achieve the objectives in subsection 2‑A . If the commission concludes that private transactions, within the same time frame, achieve substantially the same cost reduction effects for the State's electricity and gas customers as the execution of a physical energy storage contract, the commission may not execute a physical energy storage contract. [PL 2015, c. 445, §5 (NEW).] [PL 2015, c. 445, §5 (NEW).]

2. Commission determination of benefits for an energy cost reduction contract. After satisfying the requirements of subsection 1 , the commission may execute or direct one or more transmission and distribution utilities, gas utilities or natural gas pipeline utilities to execute an energy cost reduction contract if the commission has determined, in an adjudicatory proceeding, that the agreement is commercially reasonable and in the public interest and that the contract is reasonably likely to: A. Materially enhance natural gas transmission capacity into the State or into the ISO-NE region and that additional capacity will be economically beneficial to electricity consumers, natural gas consumers or both in the State and that the overall costs of the energy cost reduction contract are outweighed by its benefits to electricity consumers, natural gas consumers or both in the State; and [PL 2015, c. 445, §5 (AMD).] B. Enhance electrical and natural gas reliability in the State. [PL 2013, c. 369, Pt. B, §1 (NEW).] [PL 2015, c. 445, §5 (AMD).]

2-A. Commission determination of benefits for a physical energy storage contract. After satisfying the requirements of subsection 1‑A , the commission may execute or direct one or more transmission and distribution utilities, gas utilities or natural gas pipeline utilities to execute a physical energy storage contract if the commission has determined, in an adjudicatory proceeding, that the physical energy storage contract is commercially reasonable and in the public interest and that the contract is reasonably likely to: A. Materially enhance liquefied natural gas storage capacity in the State or the ISO-NE region and ensure that additional physical energy storage capacity will be economically beneficial to electricity consumers, natural gas consumers or both in the State and that the overall costs of the contract are outweighed by its benefits to electricity consumers, natural gas consumers or both in the State; [PL 2015, c. 445, §5 (NEW).] B. Provide the opportunity for access to lower cost natural gas at times of regional peak demand for natural gas supplies or in the event of upstream natural gas infrastructure disruption; and [PL 2015, c. 445, §5 (NEW).] C. Enhance electrical and natural gas reliability in the State. [PL 2015, c. 445, §5 (NEW).] [PL 2015, c. 445, §5 (NEW).]

3. Parties to an energy cost reduction contract or a physical energy storage contract. The commission may execute, or direct to be executed, an energy cost reduction contract or a physical energy storage contract, or both, that contain the following provisions. A. The commission may direct one or more transmission and distribution utilities, gas utilities or natural gas pipeline utilities to be a counterparty to an energy cost reduction contract or a physical energy storage contract, or both. In determining whether and to what extent to direct a utility to be a counterparty to one or more contracts under this subsection, the commission shall consider the anticipated reduction in the price of gas or electricity or a reduction in the on-peak winter period price of gas or electricity, as applicable, accruing to the customers of the utility as a result of one or more contracts as determined by the commission in an adjudicatory proceeding. Any economic loss, including but not limited to any effects on the cost of capital resulting from an energy cost reduction contract or a physical energy storage contract for a transmission and distribution utility, a gas utility or a natural gas pipeline utility, is deemed to be prudent and the commission shall allow full recovery through the utility's rates. [PL 2015, c. 445, §5 (AMD).] B. If the commission concludes that an energy cost reduction contract or a physical energy storage contract can be achieved with the participation of other entities, the commission may contract jointly with other entities, including other state agencies and instrumentalities, governments in other states and nations, utilities and generators. [PL 2015, c. 445, §5 (AMD).] C. The commission may execute an energy cost reduction contract or a physical energy storage contract as a principal and counterparty. [PL 2015, c. 445, §5 (AMD).] [PL 2015, c. 445, §5 (AMD).]

4. Approval by the Governor. The commission may not execute or direct the execution of an energy cost reduction contract or a physical energy storage contract unless the Governor has in writing approved the execution of the energy cost reduction contract or a physical energy storage contract. [PL 2015, c. 445, §5 (AMD).]
35-A M.R.S. § 6106 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6106
35-A §6106. Apportionment of costs for water main extensions or service lines
Status: in_force

1. Investment. The governing body of a consumer-owned water utility may choose to make no investment in a water main extension or service line and may require persons requesting a water main extension or service line to advance to the utility the full cost of construction, including associated appurtenances required solely as a result of the construction of the water main extension or service line and used solely for the operation of the main extension or service line. Apportionment of the costs among customers shall be determined by the commission by rule. [PL 1987, c. 490, Pt. B, §15 (AMD).]

2. Assessments. The governing body may assess the full cost of water main extensions on all property that abuts the water main in accordance with rules promulgated by the governing body. The owner of any property which is not hooked up to the water system may defer payment of the assessment until it is hooked up. The governing body by rule may exempt appropriate classes of property from the assessment and may provide for payment of an assessment over a period of time. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Review by elected local officials. If the governing body is not an elected body, any decision to make no investment under subsection 1 or to assess under subsection 2 must first be endorsed by the municipal officers of the municipality or municipalities involved, prior to filing with the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Notice to commission. A consumer-owned water utility that chooses to make no investment in water main extensions or service lines under subsection 1 shall notify the commission in writing of the effective date of the decision and shall include the minutes or other record of the decision, including any endorsement required by subsection 3 . [PL 1989, c. 159, §9 (NEW).]
35-A M.R.S. § 3408 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3408
35-A §3408. Offshore wind energy procurement
Status: in_force

1. Preparation of requests for proposals; offshore wind power projects. The office shall establish a schedule for competitive solicitations for the development and construction of offshore wind power projects to meet the objectives of the program as described in section 3407 . The office shall prepare, in consultation with appropriate state agencies, a request for proposals to implement each competitive solicitation. Upon developing a request for proposals for a competitive solicitation under this section, the office shall submit the request for proposals to the commission for approval. A. A competitive solicitation under this section must specify the date on which a subsequent solicitation must be initiated and the specified date must be within 36 months of a previous solicitation. [PL 2023, c. 481, §6 (NEW).] B. The office shall make reasonable efforts to consult with entities within this State, including, but not limited to, the commission, the Office of the Public Advocate and entities included in section 3407, subsection 1, paragraph L , and other states or entities regarding coordinated competitive solicitations. [PL 2023, c. 481, §6 (NEW).] C. A competitive solicitation under this section must seek proposals for offshore wind power projects with not less than approximately 600 megawatts of nameplate capacity or of sufficient size to enable cost-competitive commercial-scale development. A competitive solicitation developed in coordination with other states or entities may seek proposals for offshore wind power projects with a nameplate capacity of less than 600 megawatts if the coordinated solicitation is in an aggregate amount sufficient to enable cost-competitive commercial-scale development. [PL 2023, c. 481, §6 (NEW).] D. A solicitation under this section must specify bidder criteria, including: (1) Submission of plans that meet or exceed state and federal requirements or guidelines and are consistent with the recommendations in the Maine Offshore Wind Roadmap issued by the office in February 2023: (a) To ensure stakeholder engagement, capacity building and equity with particular consideration given to the energy and economic circumstances and opportunities in coastal and socially vulnerable communities, as defined in section 3407, subsection 1, paragraph E ; (b) To achieve economic and community benefits, including, but not limited to, investments in and development of ports, supply chains and the necessary workforce; (c) To achieve diversity, equity and inclusion in employment and contracting for the project; (d) To provide for fisheries research, monitoring and mitigation; and (e) To provide for environmental and wildlife research, monitoring, mitigation and conservation; (2) A fishing communities investment plan, as described in subsection 4 ; (3) An agreement by the responsible entity, if it is approved for a contract under this section, to pay an amount set in the solicitation of at least $5,000 per megawatt of the offshore wind power project's nameplate capacity to the Offshore Wind Research Consortium Fund in accordance with section 3406, subsection 4 ; (4) An agreement by the responsible entity, if it is approved for a contract under this section, to provide financial and technical assistance necessary to implement the plans listed in subparagraphs (1) and (2); and (5) Workforce requirements, as described in subsection 3 . The office may waive any of the requirements of this paragraph if the office determines that applicable federal criteria, including, but not limited to, federal lease provisions, adequately achieve the applicable requirement. [PL 2023, c. 481, §6 (NEW).] E. A competitive solicitation under this section must be announced, prior to issuance, through a notice of intent and made available in draft form, including the criteria for the plans required pursuant to paragraph D , for public comment. The office shall: (1) Conduct at least 2 public comment sessions on the solicitation, at least one of which must be in person, in advance of the publication of a draft solicitation to assist in the development of the contents of the draft solicitation; (2) Respond in writing to the comments received regarding the draft solicitation; (3) Coordinate with the Department of Economic and Community Development, the Department of Marine Resources, the Department of Transportation, the Department of Inland Fisheries and Wildlife and the Department of Environmental Protection on the development of the criteria for the plans required pursuant to paragraph D ; (4) Coordinate with the Department of Agriculture, Conservation and Forestry to ensure submerged lands leasing rates and fees, as described in Title 12, section 1862 , are aligned with the goals of the program as described in section 3407 and reflect a fair market rate considering fees set by other states in the region for the use of submerged lands in connection with an offshore wind power project; (5) Seek public input on appropriate contracting mechanisms for inclusion in the solicitations to address market dynamics and impacts to ratepayers, including, but not limited to, indexing and price adjustments; (6) Request comments on the draft solicitation from each federally recognized Indian tribe in this State and the Maine Indian Tribal-State Commission; and (7) In developing the plan criteria for the plans required pursuant to paragraph D , consider all comments received under subparagraph (6). [PL 2023, c. 481, §6 (NEW).] [PL 2023, c. 481, §6 (NEW).]

2. Requests for proposals; offshore wind power projects. The commission shall review a solicitation developed by the department under subsection 1 and, upon finding that the solicitation is reasonably likely to attract competitive bids and further the objectives of the program as described in section 3407 , shall authorize the department to issue a request for proposals in accordance with this subsection. A. The office shall file with the commission the first solicitation by July 1, 2025 unless another date is established by mutual agreement between the office and the commission. [PL 2023, c. 481, §6 (NEW).] B. The department shall issue the first request for proposals by the later of January 15, 2026 and 3 months after the first auction by the federal Department of the Interior, Bureau of Ocean Energy Management for offshore wind power leases in the Gulf of Maine. [PL 2025, c. 476, Pt. A, §12 (AMD).] C. If, within any 3-year period between January 15, 2026 and January 1, 2039, the commission has not found a solicitation submitted by the department to be reasonably likely to further the objectives of the program as described in section 3407 , the commission shall expeditiously develop and issue a request for proposals consistent with the requirements of this section. [PL 2025, c. 476, Pt. A, §12 (AMD).] D. The commission shall review and make a determination regarding a solicitation submitted by the office within 120 days of the date of submission unless a longer period is requested by the department. [PL 2025, c. 476, Pt. A, §12 (AMD).] E. If the commission determines that a contract for an amount greater than those specified in subsection 1, paragraph C is in the public interest, it may authorize the department to select resources and the commission may approve contracts accordingly. [PL 2025, c. 476, Pt. A, §12 (AMD).] F. In conducting a solicitation and selecting offshore wind power projects under this section, the department shall ensure that selected projects result in contracts that are cost-effective for electric ratepayers over the term of the contract, taking into consideration potential quantitative and qualitative economic, environmental and other benefits to ratepayers. The department shall give priority to offshore wind power projects that: (1) Have generation facilities located outside of Lobster Management Area 1; (2) Include agreements compliant with subsection 3 or 29 United States Code, Section 158(f) and are open to disadvantaged business enterprises and small businesses; (3) Provide employment and contracting opportunities for: (a) Members of federally recognized Indian tribes in this State; (b) Workers from disadvantaged communities as defined by: (i) The United States Council on Environmental Quality's climate and economic justice screening tool or by an agency of this State using standards similar to those in the screening tool as determined by the commission; (ii) The United States Department of Commerce, Economic Development Administration's economic distress criteria; or (iii) The United States Department of Energy's disadvantaged community criteria; and (c) Certified businesses; (4) Provide community benefits, as determined preconstruction through consultation with federally recognized Indian tribes in this State, a stakeholder engagement process that includes disadvantaged communities, as described in subparagraph (3), division (b), and investments in fishing communities; (5) Provide financial contributions or technical assistance to support research, monitoring and mitigation of impacts to wildlife, fisheries and habitats and the minimization of environmental impacts from the offshore wind power project and related transmission and interconnection infrastructure; (6) Provide economic benefits to the State, including using an offshore wind port located in this State; (7) Maximize the hiring of residents of this State; (8) Maximize economic, employment and contracting opportunities for residents of this State and all businesses in this State; and (9) Provide ratepayer benefits, including, but not limited to, enhanced electric reliability, resource adequacy including contributing to reducing winter electricity price spikes and overall price impacts, avoidance of line loss and mitigation of transmission costs to the extent possible. [PL 2025, c. 476, Pt. A, §12 (AMD).] G. The commission shall review and approve the contracts upon a finding that the contracts meet the requirements of this section. [PL 2025, c. 476, Pt. A, §12 (AMD).] H. If, at the close of a competitive bidding process conducted under this section, the department determines that the proposals submitted do not satisfy the requirements of paragraph F , the department shall reject all proposals and shall open a new competitive bidding process under this subsection. [PL 2025, c. 476, Pt. A, §12 (AMD).] I. Notwithstanding Title 5, section 8071, subsection 3 , the department, after consultation with the commission, may establish by rule reasonable fees that bidders must submit with proposals for offshore wind power projects. Fees collected pursuant to this paragraph may be used for the administration of this section, section 3406 and section 3407 . Upon request of the commission, the department may transfer fees collected in accordance with this paragraph to the commission for the administration of this section, section 3406 and section 3407 . [PL 2025, c. 476, Pt. A, §12 (AMD).] [PL 2025, c. 476, Pt. A, §12 (AMD).]

3. Community and workforce enhancement standards. The following community and workforce enhancement standards apply to contractors and subcontractors involved in the construction of an offshore wind power project pursuant to this section. A. A contractor or subcontractor shall: (1) Ensure that all construction workers earn compensation at or above the Maine emerging industry compensation threshold; and (2) Meet the requirements outlined in Title 26, section 1317 . [PL 2023, c. 481, §6 (NEW).] B. Prior to the commencement of each contractor's or subcontractor's construction work on the offshore wind power project, if that contractor or subcontractor determines that additional construction workers are necessary in excess of the contractor's or subcontractor's currently available and qualified employees to fulfill the contractor's or subcontractor's contractual obligations, the contractor or subcontractor shall: (1) Use the services of contractors or subcontractors that use a hiring hall in order to meet their workforce needs; and (2) Provide regular employment opportunities first to members of the affected community and residents of this State and then to individuals who reside in the New England region. [PL 2023, c. 481, §6 (NEW).] C. If a contractor or subcontractor, after an exhaustion of all efforts required by paragraph B for a period of 90 business days, while remaining in compliance with all other standards and requirements of this subsection, is unable to employ enough construction workers to fulfill the contractor's or subcontractor's contractual obligations, the contractor or subcontractor may use any means necessary to fulfill the contractor's or subcontractor's contractual obligations for a period of no more than 30 business days. [PL 2023, c. 481, §6 (NEW).] D. If, after complying with the procedures and timing required by paragraphs B and C , a contractor or subcontractor determines that additional construction workers are needed, that contractor or subcontractor may use the following means to fulfill the contractor's or subcontractor's contractual obligations. (1) The contractor or subcontractor shall provide the opportunity to fill a minimum of 50% of all remaining construction worker hours to contractors or subcontractors that use a hiring hall in order to meet their workforce needs. (2) If contractors and subcontractors that use a hiring hall in order to meet their construction workforce needs cannot maintain the minimum threshold of 50% of the remaining construction worker hours for a period of 10 consecutive business days, the requesting contractor or subcontractor may use any means considered necessary by that requesting contractor or subcontractor to fulfill the contractor's or subcontractor's contractual obligations, including continued engagement with contractors and subcontractors that use a hiring hall in order to meet their construction workforce needs, in order to maintain the 50% threshold. [PL 2023, c. 481, §6 (NEW).] E. Subject to compliance with all other provisions of this subsection, a contractor or subcontractor responsible for construction work may continue to operate and implement a registered apprenticeship program and other relevant continuing education programs in order to meet an ongoing or new construction workforce demand. The registered apprenticeship program must have graduated apprentices within one year prior to the commencement of the registered apprenticeship program's sponsor's or subsponsor's construction work on the offshore wind power project. Contractors and subcontractors responsible for construction work that operate a registered apprenticeship program pursuant to this paragraph: (1) Shall meet or exceed the apprenticeship percentage requirements specified in Title 26, section 3502, subsection 1 ; (2) Are subject to the penalties specified in Title 26, section 3502, subsection 3 ; and (3) Shall provide proof within 7 calendar days of a request from the Department of Labor that all apprentices employed on the offshore wind power project are enrolled in a registered apprenticeship program. [PL 2023, c. 481, §6 (NEW).] F. If a contractor or subcontractor responsible for construction work determines the construction workforce needs to be decreased at any point throughout the completion of the offshore wind power project, reductions in the construction workforce or layoffs must be performed in the following priority: (1) Based on the skills needed, keeping those workers whose skills are still needed for the completion of the offshore wind power project; and (2) Based upon seniority on the offshore wind power project, with the last construction worker commencing work on the offshore wind power project being the first construction worker to receive a layoff. [PL 2023, c. 481, §6 (NEW).] G. A contractor or subcontractor responsible for performing construction work: (1) Shall carry workers' compensation coverage and contribute to unemployment insurance for each construction worker on the site of the project; (2) May not hire or employ the services of a temporary staffing agency or organization; (3) Is prohibited from employing or using independent contractors as defined in Title 39‑A, section 102, subsection 13‑A , not including Maine-based individual owner-operators or sole proprietors in the transportation industry; (4) Shall keep an accurate record showing the name and occupation of all construction workers employed by the contractor or subcontractor performing construction work on the offshore wind power project. The record must also show for each construction worker the hours worked, the title of the job, the hourly rate or other method of remuneration and the actual wages or other compensation, in compliance with the Maine emerging industry compensation threshold. The contractor or subcontractor shall keep a copy of the record at the construction site and allow inspection of the record during all reasonable hours by Department of Labor, Bureau of Labor Standards and, as applicable, the public authority and its officers and agents that let the contract; (5) Shall post a clearly legible statement of all Maine emerging industry compensation threshold wage and benefit rates to be paid to each class of construction worker employed on the offshore wind power project. This statement must be kept posted throughout the duration of the offshore wind power project and be easily accessible at the offshore wind power project construction site; and (6) Shall retain documentation of compliance with the requirements of this subsection. The records made pursuant to this subsection must be retained for 3 years after the termination of the contract for the construction work performed. [PL 2023, c. 481, §6 (NEW).] H. If a construction worker performing construction work at the offshore wind power project site who is paid less than the Maine emerging industry compensation threshold, that construction worker may recover from the contractor or subcontractor responsible for the construction work a penalty equal to the difference between the actual wage and benefits paid and the Maine emerging industry compensation threshold and, in addition to the penalty, reasonable attorney's fees. The surety for the contractor or subcontractor responsible for the construction work is not liable for the penalty or attorney's fees. [PL 2023, c. 481, §6 (NEW).] I. A contractor or subcontractor shall guarantee against strikes, lockouts or similar disruptions. [PL 2023, c. 481, §6 (NEW).] J. A contractor or subcontractor shall demonstrate adherence to the inclusive bidding standards and document that adherence. [PL 2023, c. 481, §6 (NEW).] The Department of Labor shall adopt routine technical rules, as defined in Title 5, chapter 375, subchapter 2‑A , to implement this subsection. The Department of Labor may adopt routine technical rules relating to the Maine emerging industry compensation threshold. Notwithstanding any provision of this subsection to the contrary, an agreement that meets the requirements of 29 United States Code, Section 158(f) for the covered work is deemed to comply with the requirements of this subsection. [PL 2023, c. 533, §4 (AMD).]

4. Fishing communities investment plan requirements. A fishing communities investment plan must include a plan for ongoing investment in fishing communities with a stated annual target rate of investment. A. The plan must be designed to: (1) Support innovation and adaptation in response to environmental change, shifting resource economics and changes in fishing practices associated with offshore wind power development; (2) Protect seafood-related working waterfront infrastructure; (3) Assist persons fishing commercially at an entry level; and (4) Assist persons fishing commercially seeking to provide the responsible entity with offshore services. [PL 2023, c. 481, §6 (NEW).] B. Investment strategies within the plan may include, but are not limited to, subsidizing commercial lending interest rates, loan guarantees and funding programs or grant programs to support persons fishing commercially and fishing-related businesses and entities established to provide support services to the fishing industry. [PL 2023, c. 481, §6 (NEW).] C. The plan must identify administration costs separately from the annual target rate of investment. [PL 2023, c. 481, §6 (NEW).] D. The plan must include a requirement that the responsible entity convene an advisory body made up of representatives, which may include, but are not limited to, representatives from the fishing industry and fishing community, the Department of Marine Resources and relevant commercial lending institutions, a person appointed by the responsible entity to serve as the liaison to the fishing community and other relevant persons or entities. The advisory body must monitor investment plan performance against the annual target, monitor effectiveness of investment strategies and identify opportunities for improving fisheries and fishing communities through plan investment. [PL 2023, c. 481, §6 (NEW).] [PL 2023, c. 481, §6 (NEW).]

5. Funding. Notwithstanding section 116, subsection 4 , upon receiving a written request from the office, the commission may provide reasonable funding to the office for the purposes of implementing the requirements of this section. [PL 2023, c. 481, §6 (NEW).]

6. Rulemaking; protective orders. The commission shall adopt rules to implement this section. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . The rules must include procedures for monitoring, measuring and enforcing ongoing compliance by responsible entities with the requirements of this section. A. The rules must require the responsible entity to provide biannual reports to the commission regarding its compliance with the plans submitted as part of its bid under subsection 2 . The rules must require a report submitted by the responsible entity to exclude personally identifying information to the greatest extent practicable. If the report includes confidential or proprietary information, trade secrets or similar matters as provided by the Maine Rules of Civil Procedure, Rule 26(c), the commission may issue appropriate protective orders in accordance with section 1311‑A with respect to those portions of the report and shall make available to the public an appropriately redacted copy of the report. The commission shall provide to the office the redacted copy, which the office shall post on the office's publicly accessible website. [PL 2023, c. 481, §6 (NEW).] B. The commission shall establish by rule a process for the review, in coordination with the office, of the biannual reports provided by the responsible entity and a mechanism for public participation regarding the contents of the report. [PL 2023, c. 481, §6 (NEW).] [PL 2023, c. 481, §6 (NEW).]
35-A M.R.S. § 6104-B — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6104-B
35-A §6104-B. Consumer-owned water utilities; expedited rate adjustments
Status: in_force

1. Application of this section. Notwithstanding section 310 , 6104 or 6104‑A , a consumer-owned water utility may elect to adjust rates pursuant to this section. [PL 2023, c. 325, §8 (NEW).]

2. Maximum rate adjustment. The maximum rate adjustment that a consumer-owned water utility may propose under this section is 1.5% of current rates. A consumer-owned water utility may not propose a rate adjustment under this section more than once every 11 months. [PL 2025, c. 110, §10 (AMD).]

3. Notice of proposed rate increase. The consumer-owned water utility shall, at least 30 days prior to the effective date of the rate adjustment, provide notice of the proposed rate change to the commission, to the Public Advocate and to its customers in a manner prescribed by the commission. Any such notice must include a statement describing the amount of the rate adjustment, the percentage change for each customer class and a brief explanation of the reason for the rate adjustment. A consumer-owned water utility that elects to adjust rates pursuant to this section and has been granted an exemption from sections 6104 and 6104‑A by the commission in accordance with section 6114 is exempt from the requirement to file the notice of the proposed rate change with the commission and the Public Advocate under this subsection. [PL 2023, c. 325, §8 (NEW).]

4. Filing changed rates. The consumer-owned water utility shall file, in a manner prescribed by the commission, its adjusted rates with the commission and the Public Advocate at least 30 days prior to the effective date of the rate change. [PL 2023, c. 325, §8 (NEW).]

5. Effective date established for rate change. Subject to the notice and waiver requirements of section 307 , a consumer-owned water utility electing to adjust rates under this section may establish an effective date for a rate adjustment of at least one month, but not more than 9 months, from the date the rates are filed with the commission under subsection 3 . [PL 2023, c. 325, §8 (NEW).]

6. Investigation of rates. Nothing in this section prohibits a consumer-owned water utility from petitioning the commission for investigation pursuant to section 310 or filing a rate change pursuant to section 6104 or 6104‑A . [PL 2023, c. 325, §8 (NEW).]

7. Correction of errors. Upon review of a rate filing made pursuant to this section, the commission may order the consumer-owned water utility to correct mathematical or clerical errors. [PL 2023, c. 325, §8 (NEW).]

8. Suspension of the adjustment. Notwithstanding any provision of this section to the contrary, the commission may at any time within the period preceding the effective date of the rate adjustment suspend the adjustment by filing with the proposed adjustment and delivering to the consumer-owned water utility a statement of its reasons for the suspension. The suspension may not be for a period longer than 12 months from the effective date of the order of suspension. [PL 2023, c. 325, §8 (NEW).]
35-A M.R.S. § 2302 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2302
35-A §2302. Pipelines for common carrier transportation
Status: in_force

Every corporation organized under the general laws of the State and any public utility owning, controlling, operating or managing any pipeline within or through this State for the transportation as a common carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases may lay its pipelines and construct and maintain them in, along and under the roads and streets in any municipality, subject to the conditions and under the restrictions provided in this chapter and chapter 25 . [PL 1997, c. 707, §4 (AMD).]
35-A M.R.S. § 707 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 707
35-A §707. Affiliated interests
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affiliated interest" means: (1) With respect to a public utility other than a provider of provider of last resort service: (a) Any person who owns directly, indirectly or through a chain of successive ownership 10% or more of the voting securities of a public utility; (b) Any person, 10% or more of whose voting securities are owned, directly or indirectly, by an affiliated interest as defined in division (a); (c) Any person, 10% or more of whose voting securities are owned, directly or indirectly, by a public utility; (d) Any person, or group of persons acting in concert, that the commission may determine, after investigation and hearing, exercises substantial influence over the policies and actions of a public utility, if the person or group of persons beneficially owns more than 3% of the public utility's voting securities; or (e) Any public utility of which any person defined in divisions (a) to (d) is an affiliated interest; or (2) With respect to a provider of provider of last resort service: (a) Any person who owns directly, indirectly or through a chain of successive ownership 25% or more of the voting securities of a provider of provider of last resort service; (b) Any person, 25% or more of whose voting securities are owned, directly or indirectly, by a provider of provider of last resort service; (c) Any person, or group of persons acting in concert, that the commission may determine, after investigation and hearing, exercises substantial influence over the policies and actions of a provider of provider of last resort service, if the person or group of persons beneficially owns more than 3% of the provider's voting securities; or (d) Any provider of provider of last resort service of which any person defined in divisions (a) to (c) is an affiliated interest. [PL 2011, c. 623, Pt. A, §11 (AMD).] B. "Transaction" means any dealings between a public utility and its affiliated interests that affect, directly or indirectly, any accounting entry of the public utility, as prescribed pursuant to section 501 . [PL 2011, c. 623, Pt. A, §11 (AMD).] C. "Voting security" means any security or any proprietary or other interest presently entitling the owner or holder of the security to vote in the direction or management of the affairs of a company. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 2011, c. 623, Pt. A, §11 (AMD).]

2. Access to accounts and records. The commission may require the production of books, accounts, records, papers and memoranda of any affiliated interest which relates, directly or indirectly, to its transactions with a public utility. The commission may, in determining the reasonableness of utility rates, disallow all or a portion of the payments under any transaction, the account or record of which is not made available to the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Consent by commission. No public utility may extend or receive credit, including the guarantee of debt, or make or receive a loan to or from an affiliated interest or make any contract or arrangement for the furnishing of management, supervision of construction, engineering, accounting, legal, financial or similar services, or for the furnishing of any service or real or personal property other than those enumerated with any affiliated interest until the commission finds that the contract or arrangement is not adverse to the public interest and gives the contract or arrangement its written approval. A. Unless the commission disapproves it within 60 days of filing, a contract or arrangement filed with the commission under this section is deemed approved. The commission may, however, suspend the effective date of the contract or arrangement for an additional 60 days if necessary to enable the commission to complete its review of the contract or arrangement or for a longer period by agreement of all the parties or by the commission if the commission determines that the party seeking the extension would be unreasonably disadvantaged because of circumstances beyond that party's control unless the extension were granted, as long as the party prior to the request for extension had prosecuted its case in good faith and with due diligence. [PL 2023, c. 168, §5 (AMD).] B. The commission may approve a contract or arrangement with an affiliated interest undertaken after October 24, 1977, subject to such terms, conditions and requirements as it determines necessary to safeguard the public interest. If the contract or arrangement is not consented to or approved by the commission as provided in this section, the commission may disallow, for rate-making purposes, payments or part of any such payments as the commission finds not to be in the public interest, and the commission may, after notice to the affected parties and opportunity for hearing, declare that contract or arrangement prospectively void as it applies to utility operations within the State. Unless otherwise invalid, that contract or arrangement shall remain in effect until declared prospectively void as it applies to utility operations within the State by an effective final order of the commission issued under this section no later than 90 days from the date of service of the notice. [PL 1989, c. 159, §2 (AMD).] C. The commission may, in the case of a utility or group of utilities, exempt from this section from time to time classes of transactions as it may specify by rule or order in advance and which in its judgment will not be adverse to the public interest. [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Commission approval of a contract or arrangement under this section may not limit or restrict the powers of the commission in determining and fixing any rate, fare, toll, charge, classification, schedule or joint rate as provided in this Title. [PL 1987, c. 141, Pt. A, §6 (NEW).] E. By rule or by order, after notice and hearing, the commission may make this section applicable to contracts or arrangements between affiliated interests of a public utility, even though the public utility is not a party to the contracts or arrangements, in cases where the purpose of the contracts or arrangements is to furnish the services or goods to be used by the public utility in the course of its operations in the State, as described in this subsection. [PL 1989, c. 159, §2 (NEW).] F. In addition to the exemptions permitted by paragraph C and subsection 4 , the commission for good cause may, by rule or by order, exempt classes of contracts or arrangements or a utility or group of utilities from filing or obtaining commission approval of a contract or arrangement with an affiliated interest or between affiliated interests prior to the entry into the contract or arrangement by the utility, provided that no such exemption may exceed 60 days and that the commission shall thereafter approve or disapprove the contract pursuant to this subsection. [PL 1989, c. 159, §2 (NEW).] G. For any contract or arrangement expected to involve the use by an affiliated interest of utility facilities, services or intangibles, including good will or use of a brand name, the commission shall determine the value of those facilities, services or intangibles. When its facilities, services or intangibles are used by the affiliated interest, the utility's costs must be charged to and received from the affiliated interest based upon this value. The commission shall also determine the proper allocation of costs for shared facilities, services or intangibles. If the commission is unable to make the value determinations required by this paragraph within the time limits imposed by paragraph A , the commission may approve the contract or arrangement without making the determinations, except that the commission shall make the determinations within 60 days of approving the contract or arrangement. [PL 1997, c. 237, §1 (NEW).] [PL 2023, c. 168, §5 (AMD).]

4. Waiver. The commission may, by general rules, waive the requirements for filing and for approval of contracts and arrangements described in subsection 3 in cases of: A. Contracts or arrangements made in the ordinary course of business for the employment of officers or employees; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Contracts or arrangements made in the ordinary course of business for the purchase of services, supplies or other personal property; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Contracts or arrangements where the total obligation to be incurred does not exceed $500; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. The temporary leasing, lending or interchanging of equipment in the ordinary course of business in case of an emergency; and [PL 1987, c. 141, Pt. A, §6 (NEW).] E. Contracts made by a public utility with any person whose bid is the most favorable to the public utility. [PL 1987, c. 141, §6 (NEW).] However, if the commission finds that any public utility is abusing or has abused the waiver granted in this section in order to evade compliance with this section, the commission may require that public utility to file and receive the commission's approval of all such contracts as provided for in this section, but the general waiver shall remain in effect as to all other public utilities. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Violations. [PL 2003, c. 505, §17 (RP).]

6. Application. This section does not apply to any telephone utility other than a provider of provider of last resort service with respect to affiliated interests that are directly related to or that may directly affect provider of last resort service in this State, as determined by the commission by rule or order. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 623, Pt. A, §12 (NEW).]
35-A M.R.S. § 6414 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6414
35-A §6414. Standard districts; rates
Status: in_force

The rates of a standard district must be established in accordance with chapter 61 . The rates must be sufficient to provide revenue to the standard district to carry out the purposes of its incorporation, without the need for any financial assistance from any municipality, other than the normal payment of water charges for services rendered and any loan or loans provided to the district for initial funds as set forth in section 6412 . All customers of a standard district shall pay to the treasurer or other designated officer of the district the rates established by the district. [PL 1995, c. 161, §10 (NEW).]
35-A M.R.S. § 3105 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3105
35-A §3105. Heat pump program
Status: in_force

Notwithstanding any other provision of law, a transmission and distribution utility may develop and implement, upon approval of the commission, a program within its service territory to enable customers to access the benefits of efficient electric heat pumps as set forth in this section and may advertise the availability of its program to its customers. The program may serve any customer but must target low-income customers, senior citizens, customers who are unable to finance the purchase of a heat pump, customers who reside in rental dwellings and small businesses. For purposes of this section, "efficient electric heat pump" means an electric heat pump that is consistent with eligibility criteria of the Efficiency Maine Trust, as established in section 10103 , or criteria established by the commission by rule if the Efficiency Maine Trust does not establish such criteria. Rules adopted by the commission pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 446, §1 (NEW).]

1. Approval; activities of the utility. A transmission and distribution utility that elects to offer a program pursuant to this section must submit a proposed program to the commission for approval. The commission shall examine the proposed program and, if it finds the proposed program is reasonably designed and consistent with the provisions and program elements of this section, shall approve the program. Notwithstanding any provision of law limiting the amount of investment or revenue a utility may make or receive in a business venture separate from the delivery of electricity, all activities of a transmission and distribution utility under an approved program must be considered an unregulated business venture of the utility in accordance with section 713 . The prudent costs associated with the program are recoverable only from customers participating in a program through just and reasonable rates and charges approved by the commission. [PL 2015, c. 446, §1 (NEW).]

2. Program elements. A transmission and distribution utility may, subject to approval under subsection 1 , elect to offer a program consistent with the program elements set forth under paragraph A or B , or both. Based on the best available information at the outset of the program, the overall energy costs to customers under a program must be expected to decrease as a result of participation in the program, as measured by the overall energy costs to customers over the lifespan of the efficient electric heat pumps, regardless of the source of energy, and the costs associated with participation in the program. A. A transmission and distribution utility may offer incentives to customers participating in the program to acquire efficient electric heat pumps from 3rd-party sellers or installers to be used to reduce the total installation cost of such heat pumps. [PL 2015, c. 446, §1 (NEW).] B. A transmission and distribution utility may provide an efficient electric heat pump to a customer within its service territory who requests a heat pump and who elects not to purchase and install a heat pump due to income or other reasons. The utility may own the heat pump provided to a customer participating in the program and may charge the customer for the costs associated with providing and maintaining the heat pump. Any such program must meet the following requirements: (1) If the participating customer is delinquent in payments under the program, the utility may undertake reasonable debt collection activities as approved by the commission and otherwise consistent with applicable law, but in no event may the customer's primary electric service be disconnected as a result of the customer's delinquency under the program nor may electric service to a heat pump serving as the only heating source for the customer be disconnected during the winter; (2) The utility must allow participating customers to select a qualified 3rd-party heat pump seller and installer and must use qualified 3rd-party installers to maintain and repair the heat pumps provided to customers. To be qualified, an installer must be listed as a registered vendor by the Efficiency Maine Trust, as established in section 10103 , for purposes of heat pump installations or determined qualified by the commission by rule if the Efficiency Maine Trust does not maintain a registry of vendors; (3) The utility must provide participating customers with the option, through a plain language notice, to later buy the heat pump provided at reasonable terms approved by the commission; (4) At any time, a participating customer may elect to have the customer's heat pump removed at no cost or penalty; and (5) Before a customer elects to participate in the program, the customer must be provided a plain language notice comparing the costs of the program with the costs of directly purchasing a heat pump, including any applicable rebates or incentives available for purchasing such equipment. [PL 2015, c. 446, §1 (NEW).] [PL 2015, c. 446, §1 (NEW).]

3. Utility to provide information. A transmission and distribution utility that implements a program under this section shall, upon request from the commission, provide sufficient information to demonstrate that the program is meeting the requirements of this section. In addition, the utility shall provide a triennial report to the commission outlining the degree to which the program is meeting the needs of customers, including the needs of customers required to be targeted under this section. [PL 2015, c. 446, §1 (NEW).]

Nothing in this section is intended to limit the authority of the commission to establish electric distribution rates for customers participating in a program under this section. [PL 2015, c. 446, §1 (NEW).]
35-A M.R.S. § 102 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 102
35-A §102. Definitions
Status: in_force

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

1. Commission. "Commission" means the Public Utilities Commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1-A. Abutting property. "Abutting property" means, with respect to a parcel of land, another parcel of land that shares a common property boundary, except that "abutting property" does not include a parcel of land separated from another parcel by a public road or highway. [PL 2019, c. 205, §1 (NEW).]

2. Commissioner. "Commissioner" means one of the members of the Public Utilities Commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2-A. Competitive service provider. [PL 2021, c. 659, §1 (RP).]

2-B. Competitive electricity provider. "Competitive electricity provider" has the same meaning as in section 3201, subsection 5 . [PL 2021, c. 659, §2 (NEW).]

3. Corporation. "Corporation" includes municipal and quasi-municipal corporations. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Customer. "Customer" includes any person, government or governmental division which has applied for, been accepted and is currently receiving service from a public utility. [PL 1987, c. 628, §1 (RPR).]

4-A. Dark fiber provider. "Dark fiber provider" means a person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing federally supported dark fiber that: A. Offers its federally supported dark fiber on an open-access basis without unreasonable discrimination as confirmed in a schedule of rates, terms and conditions filed for informational purposes with the commission; [PL 2009, c. 612, §1 (NEW).] B. Is required to conduct its business subject to restrictions established and enforced by the Federal Government pursuant to Title VI of the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5, 123 Stat. 115 (2009) and to grant security interests to the Federal Government under that Act; and [PL 2009, c. 612, §1 (NEW).] C. Does not transmit communications for compensation inside this State. [PL 2009, c. 612, §1 (NEW).] [PL 2009, c. 612, §1 (NEW).]

4-B. Federally supported dark fiber. "Federally supported dark fiber" means one or more strands within a bundle of fiber-optic cable through which an associated light signal or light communication transmission must be provided to provide communications service, but excluding the electronic equipment required in order to render the fiber capable of transmitting communications, the construction of which is financed in whole or in part with funds provided by a grant awarded before January 1, 2010 by the United States Department of Commerce, National Telecommunications and Information Administration pursuant to the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5, 123 Stat. 115 (2009). [PL 2009, c. 612, §2 (NEW).]

4-C. Door-to-door sales. "Door-to-door sales" means the practice by which a representative of a competitive electricity provider, including a 3rd-party sales agent, solicits or sells electric services to residential or small commercial consumers by means of personal visits to consumers at locations other than the representative's place of business. "Door-to-door sales" does not include sales conducted entirely by mail, telephone or other electronic means; sales conducted during a scheduled appointment at a consumer's residence or place of business; or sales conducted following an initial contact that was solicited by the consumer. [PL 2021, c. 108, §1 (NEW).]

5. Electric utility. [PL 1999, c. 398, Pt. A, §4 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

6. Electric plant. [PL 1999, c. 398, Pt. A, §5 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

6-A. Excluded electric plant. [PL 1999, c. 398, Pt. A, §6 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

6-B. Federal interconnection rights and obligations. "Federal interconnection rights and obligations" means the rights and obligations of a telecommunications entity under 47 United States Code, Sections 251 and 252 or any other provision of federal law or regulation governing telecommunications network facility interconnection or wholesale access rights and obligations to the extent the rights and obligations under the federal law or regulation may be regulated or overseen by the commission. [PL 2011, c. 623, Pt. A, §1 (NEW).]

7. Ferry. "Ferry" includes every person, its lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any vessel and which is subject to commission's jurisdiction under chapter 51 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

7-A. Gas marketer. "Gas marketer" means an entity that sells natural gas to retail consumers in the State. [PL 1999, c. 143, §1 (NEW).]

8. Gas utility. "Gas utility" includes every person, that person's lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any gas plant for compensation within this State, except when gas is made or produced on and distributed by the maker or producer through private property alone solely for its own tenants and not for sale to others, or when the gas is sold solely for use in vehicles fueled by natural gas or to a liquid gas system that serves fewer than 10 customers as long as no portion of the liquid gas system is located in a public place or that serves a single customer if the liquid gas system is located entirely on the customer's premises. "Gas utility" does not include a gas marketer whose business in the State is restricted to selling natural gas to retail consumers and who does not provide natural gas transmission or distribution service. [PL 1999, c. 718, §14 (AMD).]

9. Gas plant. "Gas plant" includes all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the production, generation, transmission, delivery or furnishing of gas for light, heat or power. [PL 1987, c. 141, Pt. A, §6 (NEW).]

9-A. Mobile telecommunications services. "Mobile telecommunications services" means telecommunications services licensed by the Federal Communications Commission for mobile use. [PL 1991, c. 342, §1 (NEW).]

9-B. Incumbent local exchange carrier. "Incumbent local exchange carrier" means, with respect to an area, the local exchange carrier that on February 8, 1996 provided telephone exchange service in the area and: A. On February 8, 1996 was deemed to be a member of the exchange carrier association pursuant to 47 Code of Federal Regulations, Section 69.601(b); or [PL 2011, c. 623, Pt. A, §2 (NEW).] B. Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph A . [PL 2011, c. 623, Pt. A, §2 (NEW).] [PL 2011, c. 623, Pt. A, §2 (NEW).]

9-C. Interconnected voice over Internet protocol service. "Interconnected voice over Internet protocol service" means a service that enables real-time, 2-way voice communications; requires a broadband connection from the user's location; and permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. [PL 2011, c. 623, Pt. A, §2 (NEW).]

9-D. Interexchange carrier. "Interexchange carrier" means any person, association, corporation or other entity that provides intrastate interexchange telecommunications services, including a local exchange carrier that provides interexchange service. [PL 2011, c. 623, Pt. A, §2 (NEW).]

9-E. Local exchange carrier. "Local exchange carrier" means any person that is engaged in the provision of telephone exchange service or exchange access. "Local exchange carrier" does not include a person insofar as that person is engaged in the provision of a commercial mobile service under 47 United States Code, Section 332(c), unless the commission by rule determines that the Federal Communications Commission includes such service in the definition of the term. "Local exchange carrier" does not include a person insofar as that person is engaged in the provision of interconnected voice over Internet protocol service unless the person is providing provider of last resort service. "Local exchange carrier" does not include a person insofar as the person is a dark fiber provider. [PL 2011, c. 623, Pt. A, §2 (NEW).]

10. Natural gas pipeline utility. "Natural gas pipeline utility" includes every person, its lessees, trustees, receivers or trustees appointed by any court owning or operating for compensation within this State any pipeline, including pumping stations, storage depots and other facilities, for the transportation, distribution or sale of natural gas, or any person or corporation which has applied to the Federal Energy Regulatory Commission for a certificate of public convenience and necessity or to the Public Utilities Commission for a certificate of authorization to operate a natural gas pipeline within the State. [PL 1987, c. 141, Pt. A, §6 (NEW).]

11. Person. "Person" includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. [PL 1997, c. 707, §1 (AMD).]

11-A. Provider of last resort service. "Provider of last resort service" has the same meaning as in section 7201 . [PL 2011, c. 623, Pt. A, §3 (NEW).]

12. Public heating utility. [PL 1999, c. 579, §2 (RP).]

12-A. Public switched telephone network. "Public switched telephone network" means the network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America. [PL 2011, c. 623, Pt. A, §4 (NEW).]

12-B. Public safety facility. "Public safety facility" has the same meaning as in Title 30‑A, section 5222, subsection 14‑A . [PL 2021, c. 586, §1 (NEW).]

13. Public utility. "Public utility" includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. "Public utility" does not include the operation of a radio paging service, as that term is defined in this section, or mobile telecommunications services unless only one entity or an affiliated interest of that entity, as defined in section 707, subsection 1, paragraph A , exclusively controls the use of the radio frequency spectrum assigned by the Federal Communications Commission to provide mobile service to the service area. Nothing in this subsection precludes: A. The jurisdiction, control and regulation by the commission pursuant to private and special act of the Legislature; [PL 1991, c. 342, §2 (RPR).] B. The commission's jurisdiction and control over and regulation of a public utility that provides, in addition to other services, radio paging service or mobile telecommunications services; [PL 1991, c. 342, §2 (RPR).] C. The commission's jurisdiction and control over and regulation of basic exchange telephone service offered by a provider of mobile telecommunications services if, after investigation and hearing, the commission determines that the provider is engaged in the provision of basic exchange telephone service; and [PL 1991, c. 342, §2 (RPR).] D. Negotiations for, or negates agreements or arrangements existing on the effective date of this paragraph relating to, rates, terms and conditions for interconnection provided by a telephone utility to a company providing radio paging or mobile telecommunications services. [PL 1991, c. 342, §2 (RPR).] [PL 2019, c. 298, §1 (AMD).]

14. Radio common carrier. "Radio common carrier" means an entity that provides communications services primarily by use of radio or other wireless means. [PL 1991, c. 342, §3 (AMD).]

15. Radio paging service. "Radio paging service" is a service provided by a communication common carrier engaged in rendering signaling communication. Signaling communication is one-way communication from a base station to a mobile or fixed receiver, or to multipoint mobile or fixed receivers by audible or subaudible means, for the purpose of activating a signaling device in the receiver or communicating information to the receiver, whether or not the information is to be retained in record form. It is limited to the following types of communications. A. An optical readout paging service is one which communicates a message to a receiver which displays the message on an optical or tactile readout, either in a permanent form or a temporary form. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. A tone only paging service is one which activates an aural, visual or tactile signaling device when received. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. A tone-voice paging service is one which transmits tone to activate a signaling device and audio circuit in the addressed receiver, following which a voice-grade signal is transmitted, to be amplified by the audio circuit. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

16. Rate design stability. "Rate design stability" means the implementation of interclass cost allocation or intraclass rate design changes to any existing customer class, of the magnitude or on such a schedule as to not be seriously adverse to the existing class of customers. [PL 1987, c. 141, Pt. A, §6 (NEW).]

16-A. Self generation. "Self generation" means the generation of electricity for the use of an entity that owns, leases, operates, controls or manages, in whole or in part, generation assets, as defined in section 3201, subsection 10 , provided that the electricity is not transmitted over transmission and distribution plant, as defined in subsection 20‑A . [PL 1999, c. 398, Pt. A, §8 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

17. Telegraph utility. [PL 1995, c. 225, §3 (RP).]

18. Telegraph line. [PL 1995, c. 225, §3 (RP).]

18-A. Telephone service. "Telephone service" is the offering of a service that transmits communications by telephone, whether the communications are accomplished with or without the use of transmission wires. [PL 2003, c. 153, §2 (NEW).]

18-B. Telephone exchange service. "Telephone exchange service" means service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and that is covered by an exchange service charge, or comparable service provided through a system of switches, transmission equipment or other facilities, or combination thereof, by which a subscriber can originate and terminate a telecommunications service. [PL 2011, c. 623, Pt. A, §5 (NEW).]

19. Telephone utility. "Telephone utility" includes every person, its lessees, trustees, receivers or trustees appointed by any court, that provides telephone service for compensation inside this State. "Telephone utility" also includes a dark fiber provider. "Telephone utility" does not include any person or entity that is excluded from the definition of "public utility" as defined in subsection 13 , subject to the provisions of subsection 13, paragraphs A to C . [PL 2009, c. 612, §3 (AMD).]

19-A. Third-party sales agent. "Third-party sales agent" means a person or entity that has a business relationship with a competitive electricity provider in which the person or entity conducts or arranges to conduct residential or small commercial consumer sales of electricity to the public at retail on behalf of the competitive electricity provider through door-to-door sales. "Third-party sales agent" does not include an employee of a competitive electricity provider. [PL 2021, c. 108, §2 (NEW).]

20. Telephone line. [PL 2003, c. 153, §3 (RP).]

20-A. Transmission and distribution plant. "Transmission and distribution plant" means all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the transmission, distribution or delivery of electricity for light, heat or power for public use and includes all conduits, ducts and other devices, materials, apparatus and property for containing, holding or carrying conductors used, or to be used, for the transmission or distribution of electricity for light, heat or power for public use. [PL 1999, c. 398, Pt. A, §9 (NEW); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

20-B. Transmission and distribution utility. "Transmission and distribution utility" means a person, its lessees, trustees or receivers or trustees appointed by a court, owning, controlling, operating or managing a transmission and distribution plant for compensation within the State, except where the electricity is distributed by the entity that generates the electricity through private property alone solely for the use of: A. The entity; [PL 2019, c. 205, §2 (NEW).] B. The entity's tenants; [PL 2025, c. 85, §1 (AMD).] C. Commercial or industrial consumers located on the property where the entity is located or on abutting property; or [PL 2025, c. 85, §2 (RPR).] D. Commercial or industrial consumers located on a commercial or industrial site within the control area of the New England independent system operator and located in a municipality north of the Town of Chester that was served by the entity or its predecessor without using the transmission and distribution plant of a public utility prior to December 31, 2018. The exception under this paragraph does not apply if more than 25% of the nameplate capacity of the entity is used to serve data centers located on the commercial or industrial site. For the purposes of this paragraph, "data center" means any facility in the State, which may be a freestanding structure or a facility within a larger structure, that primarily contains electronic equipment used to process, store and transmit digital information that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment. [PL 2025, c. 85, §3 (NEW).] [PL 2025, c. 85, §§1-3 (AMD).]

21. Vessel. "Vessel" includes every boat which is owned, controlled, operated or managed for public use in the transportation of persons or property for compensation within this State. [PL 1987, c. 141, Pt. A, §6 (NEW).]

21-A. Voice service provider. "Voice service provider" means any person providing, directly or indirectly, 2-way voice communications service for compensation in this State. "Voice service provider" does not include a dark fiber provider. [PL 2011, c. 623, Pt. A, §6 (NEW).]

22. Water utility. "Water utility" includes every person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing any water works for compensation within this State, including any aqueduct organized under former Title 35, chapter 261 and any of its predecessors. [PL 1987, c. 490, Pt. C, §2 (AMD).]

23. Water works. "Water works" includes all reservoirs, tunnels, shafts, dams, dikes, head gates, pipes, flumes, canals, structures and appliances, and all real estate, fixtures and personal property, owned, controlled, operated or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, apportionment or measurement of water for municipal and domestic use. [PL 1987, c. 141, Pt. A, §6 (NEW).]

24. Wholesale competitive local exchange carrier. "Wholesale competitive local exchange carrier" means a local exchange carrier, other than an incumbent local exchange carrier, that provides a wholesale telecommunications service but does not provide telephone exchange service to a retail subscriber. [PL 2011, c. 623, Pt. A, §7 (NEW).] Revisor's Note: (Subsection 24 as enacted by PL 2011, c. 590, §1 is REALLOCATED TO TITLE 35-A, SECTION 102, SUBSECTION 25)

25. (REALLOCATED FROM T. 35-A, §102, sub-§24) Zero-based budgeting. "Zero-based budgeting" means a method of budgeting in which programs and activities are justified for a budgetary period using cost-benefit analysis without regard to the amount that was budgeted for those programs and activities in a prior budgetary period. [RR 2011, c. 2, §37 (RAL).]
35-A M.R.S. § 3204 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3204
35-A §3204. Divestiture of generation
Status: in_force

1. Divestiture required; exceptions. Except as provided in subsection 3 , on or before March 1, 2000, each investor-owned electric utility shall divest all generation assets and generation-related business activities other than any: A. Contract with a qualifying facility, contract with a party other than a qualifying facility or affiliated interest entered into solely for the purpose of restructuring a contract with a qualifying facility or contract with a demand-side management or conservation provider, broker or host; [PL 1997, c. 558, §1 (AMD).] B. Ownership interest in a nuclear power plant; [PL 1997, c. 316, §3 (NEW).] C. Ownership interest in a facility located outside the United States; or [PL 1997, c. 316, §3 (NEW).] D. Ownership interest in a generation asset that the commission determines is necessary for the utility to perform its obligations as a transmission and distribution utility in an efficient manner. [PL 1997, c. 316, §3 (NEW).] No later than January 1, 1999, each investor-owned electric utility shall submit to the commission a plan to accomplish the divestiture required under this subsection. In an adjudicatory proceeding, the commission shall review the plans for consistency with this chapter. By July 1, 1999, the commission shall issue an order approving the plan or modifying the plan to make it consistent with the requirements of this chapter. An investor-owned electric utility shall divest its generation assets in accordance with the commission's order. [PL 1997, c. 558, §1 (AMD).]

2. Commission may require divestiture of Maine Yankee interests. Notwithstanding any other provision of this chapter, the commission, if necessary to achieve the purposes of this chapter, may, in an adjudicatory proceeding, require any investor-owned transmission and distribution utility to divest its ownership interests in the Maine Yankee Atomic Power Company on or after January 1, 2009. The commission may order divestiture under this subsection only after notice to all interested parties and an opportunity for those parties to be heard. [PL 1997, c. 316, §3 (NEW).]

3. Extension; separation required. An investor-owned electric utility may apply to the commission for an extension to permit the utility to divest one or more generation assets or generation-related business activities after March 1, 2000. The commission shall grant an extension if the commission finds that an extension would be likely to improve the sale value of those assets on the market or would be likely to reduce the level of the utility's stranded costs. The commission by rule shall establish the procedure for granting extensions. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 577, §1 (AMD).]

4. Sale of capacity and energy required. The commission by rule shall require each investor-owned electric utility after February 28, 2000 to sell rights to capacity and energy from all generation assets and generation-related business, including purchased power contracts that are not divested pursuant to subsection 1 , except those rights to capacity and energy that the commission determines are necessary for the utility to perform its obligations as a transmission and distribution utility in an efficient manner. In the rules adopted under this subsection, the commission shall establish procedures to promote the maximum market value for these rights. Nothing in this subsection prohibits a utility from re-negotiating, buying out or buying down a contract with a qualifying facility in accordance with applicable laws. The commission shall adopt all rules required under this subsection. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 577, §2 (AMD).]

5. Ownership of generation prohibited. Except as otherwise permitted under this chapter, on or after March 1, 2000, an investor-owned transmission and distribution utility may not own, have a financial interest in or otherwise control generation or generation-related assets. [PL 1997, c. 316, §3 (NEW).]

6. Generation assets permitted. On or after March 1, 2000, notwithstanding any other provision in this chapter, the commission may allow an investor-owned transmission and distribution utility to own, have a financial interest in or otherwise control generation and generation-related assets to the extent that the commission finds that ownership, interest or control is necessary for the utility to perform its obligations as a transmission and distribution utility in an efficient manner. [PL 1997, c. 316, §3 (NEW).]

7. Corporate law; exemptions. An order of the commission directing or approving divestiture renders an electric utility and its directors, officers and shareholders exempt from Title 13‑C, section 651 and from the Uniform Fraudulent Transfer Act, Title 14, chapter 504 for the matters addressed by the order. A divestiture pursuant to a commission order directing or approving the divestiture is not subject to limitations contained in the corporation's articles of incorporation and, notwithstanding Title 13‑C, chapter 12 , does not require shareholder approval. [PL 2003, c. 344, Pt. D, §24 (AMD).]

8. Authority to transfer title. Except as otherwise expressly provided by law, a law of this State enacted prior to September 1, 1997, including any private and special law, that grants generation-asset-related rights, privileges or immunities to an investor-owned electric utility is deemed to grant authorization to the investor-owned electric utility to convey or otherwise transfer those rights, privileges or immunities in accordance with this section only if: A. The investor-owned utility provides to the commission a copy of the law granting the rights, privileges or immunities and a description of the proposed transfer; and [PL 1997, c. 710, §9 (NEW).] B. The commission makes a written finding that the law grants rights, privileges or immunities that are generation assets required to be divested under this section or that are necessary to the ownership or operation of generation assets required to be divested under this section. [PL 1997, c. 710, §9 (NEW).] Upon the issuance of a written finding by the commission under paragraph B , an electric utility is authorized to transfer those generation-asset-related rights, privileges and immunities identified in the written finding of the commission, provided that the electric utility complies with all other applicable requirements of law, including section 1101 . The commission may issue a written finding under paragraph B in an order approving a divestiture of generation assets, pursuant to section 1101 . For purposes of this subsection, "generation-asset-related rights, privileges or immunities" means rights, privileges or immunities that constitute generation assets or that are necessary to the ownership or operation of generation assets, including water rights associated with hydro-electric facilities. For purposes of this subsection, the term "investor-owned electric utility" includes an affiliate of an investor-owned electric utility to the extent that the affiliate is transferring an asset that the affiliate is required to divest pursuant to this section. Nothing in this subsection may be interpreted to permit the transfer of any rights, privileges or immunities that by law are expressly nontransferable or that are transferable only on condition, unless the condition is met. Nothing in this subsection may be interpreted as extinguishing or affecting any lawful rights, privileges or immunities that any person or entity or the public may have in any property held or transferred by an electric utility. Nothing in this section authorizes the sale or transfer of any right of eminent domain. Any right of eminent domain held by an investor-owned electric utility in relation to generation-asset-related rights, privileges or immunities terminates upon the divestiture of the generation-asset-related rights, privileges or immunities. [PL 1997, c. 710, §9 (NEW).]

9. Other regulatory approvals; limitation. A transfer of interests or rights in real property necessary to consummate a divestiture pursuant to this section that results in a division of ownership of any lot or parcel of real property: A. Is exempt from municipal and state agency approval required pursuant to laws, ordinances or rules related to land use, zoning, shoreland zoning or subdivision of property; and [PL 1999, c. 43, §1 (NEW).] B. Does not constitute a violation of laws, ordinances or rules relating to land use, zoning, shoreland zoning or subdivision of property. [PL 1999, c. 43, §1 (NEW).] Any subsequent regulated activity relating to any resulting parcel is subject to all applicable regulatory reviews and approvals by a municipality or state agency. A municipality or state agency, in its review of any subsequent regulated activity relating to any resulting parcel, may consider the division of ownership accomplished pursuant to the exemption granted under this subsection and may, in accordance with applicable standards established by law, rule or ordinance, deny or condition its approval based on the cumulative effect of that division of ownership and the subsequent regulated activity, as though both were occurring at the same time. For purposes of this subsection, "subsequent regulated activity" means any activity occurring after a division of ownership accomplished pursuant to the exemption granted under this subsection that is subject to regulatory review by a municipality or state agency, including any change of use, division of ownership or development. For purposes of this subsection, "resulting parcel" means a lot or parcel of real property resulting from a division of ownership accomplished pursuant to an exemption granted under this subsection. [PL 1999, c. 43, §1 (NEW).]

10. Retail contracts for bundled electricity service extending beyond March 1, 2000. If a transmission and distribution utility has entered into a contract to provide bundled electricity service to a retail customer at a price other than the applicable tarriffed rate for a term extending beyond March 1, 2000, the utility shall attempt to renegotiate and reform the contract to preserve as nearly as possible the parties' benefits and burdens under the terms of the contract, except that an investor-owned transmission and distribution utility may not agree to provide directly or indirectly generation service to the customer on or after March 1, 2000. The utility shall reform the contract so that the customer pays a total price for delivered electricity on an annual basis during the remaining term of the contract equal to the price contained in the contract. If the customer has exercised due diligence to obtain the lowest price from a competitive electricity provider for generation service for the remaining term of the contract, the utility shall reform the contract to provide a price for transmission and distribution services, stranded costs and all other applicable utility charges that is equal to the difference between the original contract price and the price for generation service obtained by the customer. If the customer has failed to exercise due diligence, the price must be equal to the difference between the original contract price and a reasonable market price for generation service for that customer. If after good faith negotiations the contracting parties are unable to agree to a reformed contract, either party may petition the commission to resolve the dispute. The commission shall determine any unresolved issues and impose a reformed contract to preserve as nearly as possible the parties' benefits and burdens under the terms of the original contract. Prior to its final determination, the commission shall review updated information provided by the retail customer concerning the price of its generation service. The commission may not approve a retail contract with a price term longer than the expected duration of the retail customer's generation service contract. Changes to a contract reformed under this subsection take effect on March 1, 2000. A transmission and distribution utility shall ensure that any contract subject to this subsection has been reformed before that date. [PL 1999, c. 398, Pt. K, §1 (NEW).]

11. Affiliated generation outside service territory permitted. Notwithstanding subsection 5 , an affiliate of an investor-owned transmission and distribution utility may own generation or generation-related assets in accordance with standards of conduct adopted under this subsection as long as the generation or generation-related assets are not directly interconnected to the facilities owned or operated by that investor-owned transmission and distribution utility. The commission shall establish, by rule, standards of conduct governing the relationships permitted under this section between an investor-owned transmission and distribution utility and an affiliate of the investor-owned transmission and distribution utility that owns generation or generation-related assets that: A. Prohibit a transmission and distribution utility from taking any action that favors such an affiliate or adversely affects a competitor of such an affiliate in a manner that is unjust or unreasonable; [PL 2017, c. 287, §1 (NEW).] B. Ensure the separation and independence of such affiliates; and [PL 2017, c. 287, §1 (NEW).] C. Protect ratepayers. [PL 2017, c. 287, §1 (NEW).] For purposes of this subsection, "affiliate" means a person who has any direct or indirect ownership interest in, or is a direct or indirect subsidiary of a person who has any ownership interest in, the investor-owned transmission and distribution utility, but does not include a wholly owned or partially owned direct or indirect subsidiary of the investor-owned transmission and distribution utility. Any affiliate generation or generation-related assets permitted under this subsection that do not have a commission-approved long-term contract or term sheet under this Title as of July 1, 2017 are ineligible to participate in a long-term contract under this Title. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 287, §1 (NEW).]
35-A M.R.S. § 10118 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10118
35-A §10118. Public information and outreach
Status: in_force

1. General. The trust shall provide to the public information about renewable energy technologies and energy efficiency practices. In providing this information, the trust shall consider: A. The aspects of renewable energy technologies and energy efficiency practices about which the public needs information; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. The most effective means of providing the information; and [PL 2009, c. 372, Pt. B, §3 (NEW).] C. The members of the public who would most benefit from the information. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]

2. Funding. The trust may seek federal funding for the purposes of this section and, to the extent necessary, may charge reasonable fees to cover the costs of training or other services provided pursuant to this section. All fees must be paid to the trust and used to reimburse the trust for its expenses in providing the service for which the fee is charged. [PL 2009, c. 372, Pt. B, §3 (NEW).]

3. Effective date. This section takes effect July 1, 2010. [PL 2009, c. 372, Pt. B, §3 (NEW).]