35-A M.R.S. § 3907 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3907
35-A §3907. Organization of multimember district
Status: in_force

A municipal power district formed under section 3904 shall be organized under the following provisions. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Trustees. Upon formation of a district under section 3904 , all the affairs of the district must be managed by a board of trustees comprised of 2 trustees from each municipality. Trustees must be residents of their respective municipalities. They hold office as provided in subsection 2 and until their respective successors are elected and qualified. When any trustee ceases to be a resident of the trustee's municipality, that trustee's position becomes vacant. Trustees are subject to Title 30‑A, section 2605 , concerning conflict of interest. [PL 1995, c. 254, §10 (AMD).]

2. Election. Within 60 days after the formation of a district, the municipal officers of each municipality shall appoint 2 members to the initial board of trustees. The initial members shall agree, or determine by lot, the term of each so that, as nearly as possible, an equal number will serve for one year, an equal number for 2 years and an equal number for 3 years. Each year as the term of a trustee expires, the legal voters of that trustee's municipality, at an annual election, shall select a successor to serve for a full term of 3 years. The annual election shall be held concurrently with the election of municipal officers. The trustees shall conspicuously post notice of the election in 2 public places within each municipality of the district, not less than 7 days before the election. Any vacancy in the board shall be filled by the municipal officers for the unexpired term. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Meetings. As soon as convenient after each annual election, the trustees shall hold a meeting at the offices of the district, elect a chair and clerk and adopt a corporate seal. They may choose a treasurer and all other officers and agents for the proper management of the affairs of the district. Other meetings of the trustees may be called by the chair or by any 3 of the trustees, after prior notice to the public. Trustees shall determine their own compensation, not to exceed $10 per meeting per trustee. A majority of trustees constitutes a quorum. The trustees shall conduct public hearings whenever they propose matters affecting rates, bylaws, service, an annual budget or their own compensation. [RR 2021, c. 1, Pt. B, §420 (COR).]
35-A M.R.S. § 7101 — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7101
35-A §7101. Telecommunications policy
Status: in_force

1. Universal service. The Legislature declares and finds that the 50-year effort to bring affordable, universally available telephone service to the public has served the State well; universal telephone service has contributed to the State's economic, social and political integration and development; the public benefits from universal telephone service because each telephone subscriber receives a more valuable service when virtually anyone else in the State can be called; and a significant rate increase may threaten universal service by forcing some Maine people to discontinue their telephone service. It is the policy of the State that telephone service must continue to be universally available, especially to the poor, at affordable rates. [PL 1993, c. 410, Pt. OOO, §1 (NEW).]

2. Economic development. The Legislature further declares and finds that a modern state-of-the-art telecommunications network is essential for the economic health and vitality of the State and for improvement in the quality of life for all Maine citizens. Therefore, it is the goal of the State that all Maine's businesses and citizens should have affordable access to an integrated telecommunication infrastructure capable of providing voice, data and image-based services. The State shall consider policies that: A. Encourage economic development; [PL 1993, c. 410, Pt. OOO, §1 (NEW).] B. Employ methods of regulation that encourage the development and deployment of new technologies; and [PL 1993, c. 410, Pt. OOO, §1 (NEW).] C. Encourage acceptable service applications that support economic development initiatives or otherwise improve the well-being of Maine citizens. [PL 1993, c. 410, Pt. OOO, §1 (NEW).] [PL 1993, c. 410, Pt. OOO, §1 (NEW).]

3. Report. [PL 1995, c. 631, §1 (RP); PL 1995, c. 631, §5 (AFF).]

4. Information access. The Legislature further declares and finds that computer-based information services and information networks are important economic and educational resources that should be available to all Maine citizens at affordable rates. It is the policy of the State that affordable access to those information services that require a computer and rely on the use of the telecommunications network should be made available in all communities of the State without regard to geographic location. [PL 1995, c. 631, §2 (NEW); PL 1995, c. 631, §5 (AFF).]

5. Homeland security and emergency alerts. The Legislature further finds that seamless, integrated, robust and redundant means of communication, including, but not limited to, voice and alphanumeric pagers, landline telephones, wireless telephones, text radio and wireless e-mail, create a robust communication system that enables rapid contact with first responders, ensures emergency alert notification to all affected persons in the State, including at-risk populations such as persons who have hearing loss or visual impairments, and enhances homeland security. It is the policy of the State to encourage the deployment of the infrastructure necessary to support such a communications system. [PL 2021, c. 348, §53 (AMD).]

6. Prepaid wireless telecommunications services. The Legislature further finds that, because prepaid wireless telecommunications services are provided to consumers without a periodic bill, the collection of fees and surcharges regarding prepaid wireless telecommunications services must be accomplished according to a methodology that differs from the collection of fees and surcharges on other wireless telecommunications services to ensure fairness and competitive neutrality with respect to other telecommunications services provided to consumers of wireless telecommunications services who do receive a periodic bill. [PL 2011, c. 600, §3 (NEW); PL 2011, c. 600, §10 (AFF).]
35-A M.R.S. § 759 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 759
35-A §759. Enforcement
Status: in_force

The provisions of this chapter are considered safety and health standards of the State. A person who causes, permits or allows work or other activity in violation of the provisions of this chapter may be assessed a civil penalty not exceeding $1,700 for each day the violation continues. [PL 2021, c. 318, §6 (AMD).]

Civil penalties may be recovered in a civil action in the name of the State brought in the Superior Court for the county where the violation is alleged to have occurred or where the violator resides or has its principal office. Interest accrues on the penalties at a rate of 1 1/2% per month except that the interest is suspended during the pendency of an appeal. [PL 1995, c. 348, §1 (NEW).]
35-A M.R.S. § 7108 — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7108
35-A §7108. Use of 2-1-1 number; designation of sole entity entitled to use
Status: in_force

The commission may designate an appropriate entity to be the sole entity entitled to use the 2-1-1 telephone number assigned by the Federal Communications Commission to be used for access to information and referral services. A designation may not extend for more than 3 years but may be renewed by the commission, after review, for successive periods of up to 3 years each. There is no limit on the number of times the commission may renew a designation of the same entity pursuant to this section. Before making a designation or renewing a designation, the commission shall determine that the designation or renewal is in the public interest. The commission may consult with appropriate state and local agencies and other public or private entities before granting a designation or renewing a designation. The commission may suspend, revoke, terminate or modify a designation if the commission determines the public interest is no longer served by the designation or in response to actions by the Federal Communications Commission that affect the availability or assigned use of the 2-1-1 number. [PL 2005, c. 51, §1 (NEW).]
35-A M.R.S. § 6417 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6417
35-A §6417. Water districts; rights conferred subject to provisions of law
Status: in_force

Except as otherwise specifically provided by law, all the rights and duties mentioned in this chapter must be exercised and performed in accordance with all the applicable provisions of this Title to the extent this Title affects the operations of a water district. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 4516-A — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4516-A
35-A §4516-A. Administrative penalty
Status: in_force

1. Violation of this Title. The commission may impose an administrative penalty on a natural gas pipeline utility that violates any provision of this Title relating to safety of pipeline facilities or transportation of gas or any rule issued under this Title in an amount not to exceed the administrative penalty adopted by the commission by rule, which may not exceed the administrative penalty established in 49 Code of Federal Regulations, Section 190.223, as amended, for each violation. Each day of violation constitutes a separate offense. [PL 2025, c. 110, §6 (AMD).]

2. Maximum administrative penalty. The maximum administrative penalty for any related series of violations may not exceed the maximum administrative penalty adopted by the commission by rule, which may not exceed the maximum administrative penalty established in 49 Code of Federal Regulations, Section 190.223, as amended. [PL 2025, c. 110, §7 (AMD).]

3. Determining amount of penalty. In determining the amount of the penalty, the commission shall consider the following: A. The nature, circumstances and gravity of the violation; [PL 2003, c. 505, §35 (NEW).] B. The degree of the natural gas pipeline utility's culpability; [PL 2003, c. 505, §35 (NEW).] C. The natural gas pipeline utility's history of prior offenses; [PL 2003, c. 505, §35 (NEW).] D. The natural gas pipeline utility's ability to pay; [PL 2003, c. 505, §35 (NEW).] E. Any good faith by the natural gas pipeline utility in attempting to achieve compliance; [PL 2003, c. 505, §35 (NEW).] F. The effect on the natural gas pipeline utility's ability to continue in business; and [PL 2003, c. 505, §35 (NEW).] G. Such other matters as justice may require. [PL 2003, c. 505, §35 (NEW).] [PL 2003, c. 505, §35 (NEW).]

4. Payment of penalty. The amount of the administrative penalty may be: A. Deducted from any sums owing by the State to the natural gas pipeline utility; or [PL 2003, c. 505, §35 (NEW).] B. Recovered in a civil action in the state courts. [PL 2003, c. 505, §35 (NEW).] [PL 2003, c. 505, §35 (NEW).]

5. Limitation on imposing penalty. Any action that may result in the imposition of an administrative penalty pursuant to this section must be commenced within 5 years after the cause of action accrues. [PL 2003, c. 505, §35 (NEW).]
35-A M.R.S. § 2511 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2511
35-A §2511. Filling and protecting openings
Status: in_force

1. Filling openings. A person opening a street, road or highway pursuant to a permit granted under sections 2501 to 2509 shall completely fill up the opening. The filling shall be puddled or rammed as the nature of the soil requires and shall be completed within the time designated in the permit. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Fines. A person failing to comply with this section commits a civil violation for which a forfeiture not to exceed $50 may be adjudged for each offense. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Protecting pavement. A person shall protect the paving on either side of the opening with sheet piling or other means to prevent the escape of sand from underneath it. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Failure to protect pavement. In determining the number of square yards of paving disturbed, the municipal officers or their appointees shall include the area of paving adjoining the trench actually opened which in their opinion is required to be taken up and relaid because the pavement was not properly protected. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3134 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3134
35-A §3134. Long-range plan
Status: in_force

1. Filing by transmission and distribution utilities. Every transmission and distribution utility in whose service territory total sales of electric energy for purposes other than resale exceeded 300,000,000 kilowatt hours during any calendar year may submit to the commission a long-range plan for the 15-year period subsequent to the date the plan is submitted. This plan shall: A. Include the utility's annual peak-load forecasts, annual energy forecasts, type and route of major proposed transmission lines and alternatives and an analysis of the cost and financing of the plan, together with such other information as the commission may by rule require; and [PL 1999, c. 398, Pt. A, §49 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] B. List and describe all the assumptions used by the utility in formulating the plan required by this section. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1999, c. 398, Pt. A, §49 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Hearing and decision. The commission shall set down for public hearing each long-range plan filed in accordance with subsection 1 . Notice of the hearing and opportunity to intervene must be provided in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , and the commission's rules of practice and procedure. The commission shall issue a decision approving, disapproving or modifying each plan within one year after the filing of such plan in accordance with this subsection. Each long-range plan as approved or modified by the commission constitutes the plan of the filing utility and, unless altered as the result of judicial review or subsequently modified by commission order, represents the final finding of fact of the matters contained in the plan for the purposes of subsection 3. [PL 1999, c. 398, Pt. A, §49 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Purchase of transmission capacity. If, at the time the commission issues an order granting a certificate of public convenience and necessity to a utility pursuant to section 3133 , there is in existence a long-range plan for the utility approved or modified by the commission 2 years or less before the date of the order, the certificate may not be granted unless the purchase conforms to that plan. The findings by the commission, as embodied in its order under subsection 2 , to the extent relevant represent the commission's findings of fact of the matters contained in the order in any proceeding pursuant to section 3133 that is decided within 2 years from the date of the order. [PL 1999, c. 398, Pt. A, §49 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Plans of consumer-owned transmission and distribution utilities. The commission may order the filing of a long-range plan, comparable to the plan authorized in this section, by a consumer-owned transmission and distribution utility, as defined in section 3501 . The order must allow sufficient time for its preparation. A consumer-owned utility may file a comparable plan on its own initiative. Any plan submitted under this subsection may be filed in concert with other consumer-owned transmission and distribution utilities. A plan is comparable to a plan otherwise authorized in this section if it provides the same or similar data to the fullest extent possible, taking into account the size and resources of the consumer-owned utility. The plan must be reviewed by the commission in accordance with subsection 2. [PL 1999, c. 398, Pt. A, §49 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 7902 — ME Code / Title 35-A / Part 7 / Chapter 79 / Section 7902
35-A §7902. Lines along highways and across waters
Status: in_force

Every entity authorized under section 2301 to construct lines or person transmitting television signals by wire may, except as limited, construct, maintain and operate its lines upon and along the routes and between the points stated in its certificate of incorporation; and may, subject to the conditions and under the restrictions provided in this Title, construct its lines along, over, under and across any of the roads and streets and across or under any of the waters upon and along the routes, with all necessary erections and fixtures. The authority provided under this section applies to a dark fiber provider for the purposes of constructing and maintaining its federally supported dark fiber. [PL 2011, c. 623, Pt. B, §28 (AMD).]
35-A M.R.S. § 3152 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3152
35-A §3152. Policy and findings
Status: in_force

1. Increased efficiency. The Legislature declares and finds that improvements in transmission and distribution utility rate design and related regulatory programs have great potential for reducing the cost of electric utility services to consumers, for encouraging energy conservation and efficient use of existing facilities and for minimizing the need for expensive new electric transmission capacity. It is the purpose of this chapter to: A. Require the commission to relate transmission and distribution rates more closely to the costs of providing transmission and distribution service; [PL 2013, c. 369, Pt. F, §2 (AMD).] B. [PL 1999, c. 398, Pt. A, §57 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] C. Require the commission to consider the ability of low-income residential customers to pay in full for electric services as transmission and distribution rates are redesigned consistent with these policies; and [PL 2013, c. 369, Pt. F, §3 (AMD).] D. Require the commission to set rates to the extent practicable to achieve economic efficiency. [PL 2013, c. 369, Pt. F, §4 (NEW).] [PL 2013, c. 369, Pt. F, §§2-4 (AMD).]
35-A M.R.S. § 3309 — ME Code / Title 35-A / Part 3 / Chapter 33 / Section 3309
35-A §3309. Performance of contracts; commercially reasonable business practices
Status: in_force

In the performance or enforcement of any contract for the purchase of energy resources by a transmission and distribution utility, all parties shall act in good faith and observe reasonable commercial standards of fair dealing. Conformance to this standard does not constitute imprudent utility behavior. [PL 1999, c. 398, Pt. A, §83 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 3409 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3409
35-A §3409. Offshore wind power transmission
Status: in_force

The commission, in coordination with the office, shall seek to advance regional transmission solutions to interconnect offshore wind power with transmission and distribution utilities, other New England states or entities and the independent system operator of the New England bulk power system or a successor organization. [PL 2023, c. 481, §7 (NEW).]

1. Transmission solicitation and procurement. The commission may conduct one or more competitive solicitations for proposals for the development and construction of offshore wind energy transmission projects or other electric infrastructure projects to facilitate offshore wind energy development and approve contracts for such projects in accordance with this section. A. In developing a solicitation and approving a contract under this section, the commission shall: (1) Consider the amount of transmission capacity needed to maintain or improve electric system reliability; (2) Avoid unnecessary costs to upgrade the existing transmission grid; (3) Seek to achieve the greenhouse gas emissions reduction obligations and climate policies of this State under Title 38, section 576‑A and Title 38, section 577 and renewable energy goals under section 3210, subsection 1‑A ; (4) Pursue demonstrable benefits for electric ratepayers; and (5) Encourage projects that avoid, minimize or mitigate impacts to wildlife, the environment, fisheries, fishing activities or tribal burial and archeological sites, whether submerged or on land. [PL 2023, c. 481, §7 (NEW).] B. The commission shall coordinate with the office and may coordinate with other entities, including, but not limited to, transmission and distribution utilities, other New England states and the independent system operator of the New England bulk power system or a successor organization, in the solicitation and selection of proposals under this section. [PL 2023, c. 481, §7 (NEW).] C. The commission may host conferences with prospective bidders in advance of issuing solicitations under this section. [PL 2023, c. 481, §7 (NEW).] D. A responsible entity may submit a proposal in response to a solicitation conducted under this section as long as the transmission service proposal provides for transmission service for more than one offshore wind power project. [PL 2023, c. 481, §7 (NEW).] E. The commission may consider proposals that include, but are not limited to, upgrading the existing grid, extending the grid closer to offshore wind power projects, determining or upgrading optimal landfall approaches or interconnecting between offshore substations. [PL 2023, c. 481, §7 (NEW).] F. The commission may select one proposal, multiple proposals or no proposals. [PL 2023, c. 481, §7 (NEW).] G. The commission may select proposals that include federal funding in the form of a match, grant or loan or through ownership and operation by the Federal Government, cost sharing among states or recovery of transmission costs through federal transmission rates. [PL 2023, c. 481, §7 (NEW).] H. The commission may modify a solicitation under this section, prior to selecting any proposal, in order to satisfy federal eligibility criteria. [PL 2023, c. 481, §7 (NEW).] [PL 2023, c. 481, §7 (NEW).]

2. Rules. The commission may adopt rules to implement this section. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 481, §7 (NEW).]
35-A M.R.S. § 911 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 911
35-A §911. Approval of capital leases
Status: in_force

No capital lease, entered into by a public utility for a term of more than 3 years, of property having a fair value the greater of $50,000 or 1% of the public utility's total long-term debt is valid without the written approval of the commission. The commission's procedure and standards governing approval shall be similar to those which apply to applications under sections 901 and 902 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10108 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10108
35-A §10108. Liability
Status: in_force

1. Bond. All officers, directors, employees and other agents of the trust entrusted with the custody of funds of the trust or authorized to disburse the funds of the trust must be bonded either by a blanket bond or by individual bonds with a minimum limitation of $100,000 coverage for each person covered by the bond or bonds, or equivalent fiduciary liability insurance, conditioned upon the faithful performance of their duties. The premiums for the bond or bonds must be paid out of the assets of the trust. [PL 2011, c. 637, §5 (NEW).]

2. Indemnification. Each trustee must be indemnified by the trust against expenses actually and necessarily incurred by the trustee in connection with the defense of any action or proceeding in which the trustee is made a party by reason of being or having been a trustee and against any final judgment rendered against the trustee in that action or proceeding. [PL 2011, c. 637, §5 (NEW).]
35-A M.R.S. § 4154 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4154
35-A §4154. Refunding obligations; issuance
Status: in_force

The agency may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which have been issued under this chapter, including the payment of any cost of issuance of them, if any, redemption premium on them and any interest accrued or to accrue to the date of redemption of these obligations and for any corporate purpose of the agency. The issuance of the obligations, the maturities, and other details pertaining to them, the rights of their holders and the rights, duties and obligations of the agency in respect to them shall be governed by this chapter which relate to the issuance of obligations, insofar as those provisions may be appropriate. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 505 — ME Code / Title 35-A / Part 1 / Chapter 5 / Section 505
35-A §505. Audit of accounts
Status: in_force

The commission shall provide for the examination and audit of all accounts and all items must be allocated to the accounts in the manner prescribed by the commission. [PL 2011, c. 77, §1 (AMD).]

1. Consumer-owned water utilities. Except as provided in this subsection, the commission may not require under this section that a qualified small water utility cause to be conducted an annual audit of its accounts. For purposes of this subsection, "qualified small water utility" means a consumer-owned water utility with gross annual revenues of less than $500,000. A. A qualified small water utility with gross annual revenues of $100,000 or less shall for any year used as a test year for rate-making purposes cause to be conducted, in accordance with generally accepted auditing standards, an audit of its accounts by an independent certified public accountant licensed to practice in the State. [PL 2023, c. 325, §1 (AMD).] B. A qualified small water utility with gross annual revenues greater than $100,000: (1) Shall cause to be conducted, in accordance with generally accepted auditing standards, an annual review of its accounts by an independent certified public accountant licensed to practice in the State; and (2) Not less than once every 5 years and for any year used as a test year for rate-making purposes, shall cause to be conducted, in accordance with generally accepted auditing standards, an audit of its accounts by an independent certified public accountant licensed to practice in the State. [PL 2023, c. 325, §1 (AMD).] Nothing in this subsection limits or affects any other reporting, review, auditing or other requirement imposed by a creditor of the qualified small water utility or by any other applicable law or government authority. The commission, for good cause shown by the qualified small water utility, may waive the requirements of this subsection. [PL 2023, c. 325, §1 (AMD).]
35-A M.R.S. § 115 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 115
35-A §115. Enforcement of state laws
Status: in_force

The following provisions apply to the enforcement of state laws. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Commission's duties. The commission shall: A. Inquire into any neglect or violation of state laws by a public utility doing business within the State; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Inquire into any neglect or violation of state laws by the officers, agents, employees or any person operating the plant of a public utility; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Enforce this Title and all other laws relating to public utilities; and [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Report all possible criminal violations of this Title and all other laws relating to public utilities to the Attorney General. [PL 2003, c. 505, §9 (AMD).] [PL 2003, c. 505, §9 (AMD).]

2. Duties of the Attorney General and district attorneys. Upon the request of the commission, the Attorney General or the district attorney of the proper county shall: A. Aid in any investigation, hearing or trial conducted under this Title; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Institute and prosecute all proceedings for the enforcement of this Title and of all other state laws relating to public utilities and to the punishment of violations. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Administrative penalties. Unless otherwise provided, the following provisions apply to administrative penalties. A. A complaint for the enforcement of an administrative penalty may be made by the commission. [PL 2003, c. 505, §10 (AMD).] B. A suit to enforce any administrative penalty may be brought in the name of the State in the Superior Court in the county where the main office of the public utility is located or in Kennebec County. [PL 2003, c. 505, §10 (AMD).] C. An action commenced by the commission must be prosecuted by the Attorney General. [PL 1999, c. 398, Pt. A, §12 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] [PL 2003, c. 505, §10 (AMD).]
35-A M.R.S. § 912 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 912
35-A §912. Exemption for certain telephone utilities
Status: in_force

The provisions of this chapter do not apply to any telephone utility other than a provider of provider of last resort service. [PL 2011, c. 623, Pt. A, §15 (NEW).]

The commission may adopt by rule standards and procedures for granting exemptions to providers of provider of last resort service from all or specified portions of this chapter. Any exemption granted pursuant to the rule must be accompanied by a finding that the exemption is in the public interest. A utility granted an exemption pursuant to a rule adopted under this section remains subject to other applicable provisions of this Title and commission rules. [PL 2011, c. 623, Pt. A, §15 (AMD).]

For good cause, as defined by the commission by rule, the commission may revoke any exemption granted pursuant to this section. A revocation may be in whole or in part and may be specific to a single provider of provider of last resort service. [PL 2011, c. 623, Pt. A, §15 (AMD).]

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 623, Pt. A, §15 (AMD).]
35-A M.R.S. § 910 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 910
35-A §910. Consent required for change of capital or purposes
Status: in_force

1. Change of capital. No public utility may without the consent of the commission: A. Decrease its capital; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Declare any stock, bond or scrip dividend; or [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Divide the proceeds of the sale of its own or any stock, bonds or scrip among stockholders. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Change of purpose. No change of purposes of a public utility, unless specifically chartered, becomes effective until: A. Approved by the commission; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. A certificate of approval is filed with the Secretary of State within 20 days of the date it is approved. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2107 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2107
35-A §2107. Approval only to Maine corporations
Status: in_force

No approval required in section 2102 , 2103 or 2104 to operate, manage or control a public utility may be granted after October 1, 1975, to a corporation unless it is duly organized under the laws of this State or authorized by those laws to do business in this State. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3209-F — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3209-F
35-A §3209-F. Net energy billing project charge for certain distributed generation projects
Status: in_force

1. Net energy billing project charge defined. As used in this section, "net energy billing project charge" means a monthly fee determined by the commission by rule in accordance with this section that a transmission and distribution utility must use to offset distribution costs associated with net energy billing arrangements under sections 3209‑A and 3209‑B that would otherwise be paid by ratepayers, as determined by the commission. [PL 2025, c. 430, §9 (NEW).]

2. Net energy billing project charge; applicability. Except as provided in subsection 5 , the commission shall require a transmission and distribution utility to assess each distributed generation resource participating in net energy billing with a shared financial interest customer in accordance with section 3209‑A, subsection 3 . The commission shall adopt rules to determine the net energy billing project charges applicable to distributed generation resources described in subsection 3 and establish a process by which a transmission and distribution utility must apply net energy billing project charges against costs associated with net energy billing. [PL 2025, c. 430, §9 (NEW).]

3. Initial net energy billing project charge. Beginning January 1, 2026, the initial monthly net energy billing project charge established by the commission must be: A. For a distributed generation resource with a nameplate capacity of 3 megawatts or more and less than 5 megawatts, $6.00 multiplied by the nameplate capacity of the distributed generation resource in kilowatts; [PL 2025, c. 430, §9 (NEW).] B. For a distributed generation resource with a nameplate capacity of one megawatt or more and less than 3 megawatts, $2.80 multiplied by the nameplate capacity of the distributed generation resource in kilowatts; and [PL 2025, c. 430, §9 (NEW).] C. For a distributed generation resource with a nameplate capacity of less than one megawatt, zero. [PL 2025, c. 430, §9 (NEW).] [PL 2025, c. 430, §9 (NEW).]

4. Adjustment of net energy billing project charge; compensation. The commission shall periodically by rule increase the initial net energy billing project charge to account for increases in transmission and distribution rates. Compensation to a distributed generation resource related to transmission and distribution rate credits may not increase by more than 2.25% per year. [PL 2025, c. 430, §9 (NEW).]

5. Exceptions. A distributed generation resource is exempt from the net energy billing project charge established in this section if the distributed generation resource demonstrates in a manner satisfactory to the commission that the distributed generation resource is: A. Wholly owned by the customer or customers receiving the net energy billing credits associated with the output of the distributed generation resource; or [PL 2025, c. 430, §9 (NEW).] B. Wholly owned by a cooperative corporation organized under Title 13, chapter 85 . [PL 2025, c. 430, §9 (NEW).] [PL 2025, c. 430, §9 (NEW).]

6. 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 . [PL 2025, c. 430, §9 (NEW).]
35-A M.R.S. § 4706-C — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4706-C
35-A §4706-C. Promotional allowances
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Promotional allowance" means any rebate, discount, credit or other promotion offered or provided by a gas utility to customers or potential customers for the purpose of encouraging customers or potential customers to select or use the service or increase usage of the service of that utility; to select, purchase, install or use any appliance or equipment designed to use that utility's service; or to use any other particular service of that utility. [PL 2017, c. 83, §1 (NEW).] [PL 2017, c. 83, §1 (NEW).]

2. Promotional allowance allowed. Notwithstanding sections 302-A and 703, a gas utility, without prior notice or approval from the commission, may offer or provide a promotional allowance. [PL 2017, c. 83, §1 (NEW).]

3. Filing of schedules of rates. Notwithstanding section 307 , schedules of rates that provide for promotional allowances take effect when filed with the commission, unless a later effective date is specified in the filing. A copy of the filing must also be provided simultaneously to the Efficiency Maine Trust, established in chapter 97 . [PL 2017, c. 83, §1 (NEW).]

4. Rate-making treatment. This section does not limit the commission's authority in any rate case or alternative rate-making proceeding to disallow, in whole or in part, any expense of a gas utility that the commission finds to be unjust, unreasonable, excessive or unwarranted. A gas utility may not recover from any person other than its shareholders or other owners any expenditures, contributions, expenses or costs incurred by that utility with respect to promotional allowances. [PL 2017, c. 83, §1 (NEW).]
35-A M.R.S. § 310 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 310
35-A §310. Investigation of proposed changes in rates of public utilities
Status: in_force

1. Investigation of proposed rate changes. When the commission receives notice of any change proposed to be made in a schedule of rates filed with the commission under the provisions of law, it may at any time before the effective date of the change, either upon complaint or upon its own motion and after reasonable notice, hold a public hearing and make investigation as to the propriety of the proposed change. The hearing shall be held in accordance with section 1304 . At any such hearing involving any change, the burden of proof to show that the change is just and reasonable is upon the public utility. After a hearing and investigation, the commission may make an order with reference to any new rate, joint rate, rental, toll, classification, charge, term, condition or form of contract or agreement proposed as would be proper in a proceeding initiated upon complaint or upon motion of the commission in any rate investigation. In implementing the order, the commission shall assure rate design stability. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Suspension pending investigation. [PL 2023, c. 168, §3 (RP).]

3. Exception: Municipal and quasi-municipal water utilities and consumer-owned transmission and distribution utilities. This section and section 307, subsection 3 do not apply to: A. Municipal or quasi-municipal corporations that are water utilities within the definition of section 102 , any provisions in any charter notwithstanding, and that elect to proceed pursuant to the terms of section 6104 or 6104‑A , unless by the express terms of section 6104 or 6104‑A the provisions of this section are made applicable to those corporations; [PL 2009, c. 237, §1 (AMD).] A-1. Municipal or quasi-municipal corporations that are water utilities within the definition of section 102 , any provisions in any charter notwithstanding, and that file a change in a schedule pursuant to section 307 that changes rates, tolls or charges for service other than the provision of water, only if the cumulative revenue impact of all such changes that become effective within any consecutive 12-month period does not exceed 1% of the utility's total annual revenue; or [PL 2007, c. 127, §1 (NEW).] B. Consumer-owned transmission and distribution utilities organized in accordance with chapter 35, unless by the express terms of chapter 35 the provisions of this section are made applicable to those districts. [PL 1999, c. 398, Pt. A, §14 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] [RR 2023, c. 2, Pt. A, §54 (COR).]
35-A M.R.S. § 3210-H — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-H
35-A §3210-H. Floating offshore wind research array; project labor agreements
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Floating offshore wind research array project" or "research array" means a project undertaken by an entity to develop a floating offshore wind energy system for the purpose of conducting research on such systems pursuant to 30 Code of Federal Regulations, Part 585 and is located seaward of territorial waters. [PL 2021, c. 327, §1 (NEW).] B. "Labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work. [PL 2021, c. 327, §1 (NEW).] C. "Project labor agreement" means a prehire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project or portion of a construction project, wherever such construction occurs, and is an agreement described in 29 United States Code, Section 158(f). [PL 2021, c. 327, §1 (NEW).] [PL 2021, c. 327, §1 (NEW).]

2. Project labor agreements. When requiring the negotiation of, or directing an investor-owned transmission and distribution utility to enter into, a long-term contract pursuant to section 3210‑C or any other provision of law with an entity for capacity, energy or renewable energy credits associated with the development of a floating offshore wind research array project, or obligating funds pursuant to such a contract, the commission shall require the use of a project labor agreement, to be negotiated and executed by the entity seeking the long-term contract in accordance with this section. A. The project labor agreement must be negotiated in good faith and executed prior to the effective date of a long-term contract for a research array. [PL 2021, c. 327, §1 (NEW).] B. A project labor agreement reached pursuant to this section must: (1) Bind all contractors and subcontractors to the terms of the agreement through the inclusion of appropriate provisions in all relevant solicitation and contract documents; (2) Provide for the invitation of all contractors and subcontractors to bid on contracts without regard to whether the employees of the contractor or subcontractor are members of a labor organization or parties to a collective bargaining agreement; (3) Contain guarantees against strikes, lockouts and similar disruptions; (4) Contain terms that are consistent with orders issued by the commission; (5) Set forth mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement; (6) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety and health; and (7) Fully conform to all relevant state and federal statutes, rules and regulations. [PL 2021, c. 327, §1 (NEW).] C. Nothing in this section may be construed to: (1) Require the commission to require a project labor agreement on projects or in connection with contracts not governed by this section; (2) Preclude the use of a project labor agreement in circumstances not covered by this section; (3) Require contractors or subcontractors to enter into a project labor agreement with any particular labor organization; (4) Impair or otherwise affect authority granted by law to the commission; or (5) Prohibit in a project labor agreement the reasonable use of key employees by contractors and subcontractors who are not members of a labor organization or parties to a collective bargaining agreement. [PL 2021, c. 327, §1 (NEW).] D. Notwithstanding any provision of law to the contrary, agreements and contracts entered into pursuant to this section are not subject to the competitive bid requirements in Title 5, section 1825‑B . [PL 2021, c. 327, §1 (NEW).] E. This section must be implemented consistent with applicable law. This section does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the State, its departments, agencies or entities or its officers, employees or agents. [PL 2021, c. 327, §1 (NEW).] [PL 2021, c. 327, §1 (NEW).]

Revisor's Note: §3210-H. Northern Maine Renewable Energy Development Program (As enacted by PL 2021, c. 380, §1 is REALLOCATED TO TITLE 35-A, SECTION 3210-I)
35-A M.R.S. § 905 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 905
35-A §905. Validity of securities issued pursuant to order of commission
Status: in_force

Any stocks, bonds, notes or other evidences of indebtedness issued or sold pursuant to or in reliance on and in accordance with any order, authorization or decision of the commission pursuant to this chapter, and at least 5 business days after the date of the order, authorization or decision, shall be valid, binding and enforceable in accordance with their terms, including the terms of any agreement, instrument or document under or pursuant to which the stocks, bonds, notes or other evidences of indebtedness are issued, notwithstanding that the order, authorization or decision of the commission is later vacated, modified or otherwise held to be wholly or partly invalid, whether by the commission upon a petition for rehearing or reopening, or otherwise, or by a court, unless operation of the order, authorization or decision of the commission has been stayed or suspended by the commission or a court of competent jurisdiction prior to the issuance of the stocks, bonds, notes or other evidences of indebtedness. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3410 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3410
35-A §3410. Determination of effect on scenic character and related existing uses
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Associated facilities" means elements of an offshore wind terminal, other than the quay, fixed and mobile cranes, offshore wind foundations and wind turbine generators, that are necessary to the proper operation and maintenance of the offshore wind terminal, including, but not limited to, buildings, access roads and laydown areas. [PL 2023, c. 481, §8 (NEW).] B. "Best practical mitigation" means methods or technologies used during construction or operation of an offshore wind terminal that control or reduce to the lowest feasible level visual and scenic impacts. "Best practical mitigation" may include, but is not limited to, turbine and blade coloration to reduce visual impacts and aircraft detection technologies to reduce the need for aircraft hazard warning lighting. [PL 2023, c. 481, §8 (NEW).] C. "Department" means the Department of Environmental Protection. [PL 2023, c. 481, §8 (NEW).] D. "Offshore wind terminal" means a port facility used for fabricating offshore wind turbine foundations, launching floating foundations into the water, assembling wind turbine generators atop the foundations or preparing the assembled wind turbine for towing to a wet berth or installation site. "Offshore wind terminal" includes a quay with berths to accommodate the assembly of wind turbine generators and offshore wind component delivery vessels, an upland laydown area for foundation fabrication and storage of wind turbine generator components, fabrication facilities, fixed and mobile cranes, associated facilities and terminal offices and access roads. [PL 2023, c. 481, §8 (NEW).] [PL 2023, c. 481, §8 (NEW).]

2. Application of standard. This subsection governs the department's or the Maine Land Use Planning Commission's making findings regarding the effect of an offshore wind terminal on scenic or natural character and existing uses related to scenic character pursuant to Title 12, section 685‑B, subsection 4 or Title 38, section 484, subsection 3 or Title 38, section 480‑D . An offshore wind terminal project must minimize the adverse effect on scenic character and existing uses related to scenic character to the maximum extent practicable and use best practical mitigation to control and reduce visual and scenic impacts. Except as otherwise provided in subsection 3 , determination that an offshore wind terminal fits harmoniously into the existing natural environment in terms of potential effects on scenic or natural character and existing uses related to scenic character is not required for approval under either Title 12, section 685‑B, subsection 4 , paragraph C or Title 38, section 484, subsection 3 . [PL 2023, c. 481, §8 (NEW).]

3. Exception to standard; certain associated facilities. The department, or in the case of certification under Title 38, chapter 3, subchapter 1, article 6 the Maine Land Use Planning Commission, shall evaluate the effect of associated facilities of an offshore wind terminal in terms of potential effects on scenic character and existing uses related to scenic character in accordance with Title 12, section 685‑B, subsection 4 or Title 38, section 484, subsection 3 , in the manner provided for development other than offshore wind terminal development. [PL 2023, c. 481, §8 (NEW).]

4. Limitation on number of offshore wind terminals. The department may not approve permits under Title 12, section 685‑B, subsection 4 or Title 38, section 484, subsection 3 or Title 38, section 480‑D for more than 4 offshore wind terminals. If a permit approved under Title 12, section 685‑B, subsection 4 or Title 38, section 484, subsection 3 or Title 38, section 480‑D expires, is surrendered or is revoked prior to construction of an offshore wind terminal, the department may approve a permit under those sections for another offshore wind terminal. [PL 2023, c. 481, §8 (NEW).]
35-A M.R.S. § 2512 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2512
35-A §2512. Improper work redone; penalty
Status: in_force

If a person improperly repairs or fills an opening, the municipal officers or their appointees may have the work redone properly and shall keep an account of the cost of redoing this work. [PL 1987, c. 141, Pt. A, §6 (NEW).]

A person in default shall pay a penalty equal to the cost of redoing the work plus 50%. After the work is completed and the cost of the work is determined, the municipality may not issue a new permit to a person in default until it has received, in addition to the fees provided in section 2510 , the amount of the penalty provided in this section. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2524 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2524
35-A §2524. Municipal access to poles
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Make-ready work" means the rearrangement or transfer of existing facilities, replacement of a pole, complete removal of any pole replaced or any other changes required to make space available for an additional attachment to a shared-use pole. [PL 2019, c. 127, §1 (NEW).] B. "Municipality" means a town, city, plantation, county, regional council of governments, quasi-municipal corporation or district as defined in Title 30‑A, section 2351 , regional municipal utility district established according to Title 30‑A, section 2203, subsection 9 or a corporation wholly or partially owned by an entity specified in this paragraph. [PL 2019, c. 127, §1 (NEW).] C. "Unserved or underserved area" has the same meaning as in section 9202, subsection 5 . [PL 2019, c. 127, §1 (NEW).] [PL 2019, c. 127, §1 (NEW).]

2. Access to poles; make-ready requirements. Notwithstanding any provision of law to the contrary, for the purpose of safeguarding access to infrastructure essential to public health, safety and welfare, an owner of a shared-use pole and each entity attaching to that pole is responsible for that owner's or entity's own expenses for make-ready work to accommodate a municipality's attaching its facilities to that shared-use pole: A. For a governmental purpose consistent with the police power of the municipality; or [PL 2019, c. 127, §1 (NEW).] B. For the purpose of providing broadband service to an unserved or underserved area. [PL 2019, c. 127, §1 (NEW).] [PL 2019, c. 127, §1 (NEW).]

3. (TEXT EFFECTIVE UNTIL 10/1/28) (TEXT REPEALED 10/1/28) Insurance requirements. The owner of a shared-use pole may require a municipality, as a condition of the municipality's attachment to the owner's shared-use pole, to purchase and maintain a general liability insurance policy meeting the pole owner's insurance requirements. The pole owner may not require that the general liability insurance have a coverage limit in excess of $5,000,000 per occurrence. In accordance with Title 14, section 8116 , if the limits provided in the insurance policy are in excess of the limit imposed by Title 14, section 8105 , the limits in the policy will replace the limit imposed by Title 14, section 8105 and if the insurance policy provides coverage in areas where the municipality is immune, the municipality is liable in those substantive areas but only to the limits of the insurance coverage. This subsection is repealed October 1, 2028. [PL 2023, c. 313, §1 (NEW).]
35-A M.R.S. § 9217 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9217
35-A §9217. Community broadband planning
Status: in_force

The authority shall provide funds for broadband planning grants to municipalities, groups of municipalities or nonprofit local or regional community organizations that are providing local or regional economic development programs to develop plans to expand the availability of broadband services in unserved and underserved areas. [PL 2015, c. 284, §11 (NEW).]

1. Elements of plans. Plans funded through grants under this section may include: A. A description of local broadband needs and goals; [PL 2019, c. 625, §13 (AMD).] B. An inventory of existing broadband infrastructure assets within the municipality, municipalities or region; [PL 2019, c. 625, §13 (AMD).] C. A gap analysis defining the additional broadband infrastructure necessary to meet identified needs and goals; [PL 2019, c. 625, §13 (AMD).] D. One or more potential network designs, cost estimates, operating models and potential business models based on input from broadband providers operating within the municipality, municipalities or region and any other parties that submit a network design solution in the course of developing the plan to address any broadband gaps identified in paragraph C ; and [PL 2019, c. 625, §13 (AMD).] E. An assessment of all municipal procedures, policies, rules and ordinances that have the effect of delaying or increasing the cost of broadband infrastructure deployment. [PL 2019, c. 625, §13 (AMD).] The authority shall make all plans developed using grant funds under this section available on the authority's publicly accessible website. [PL 2019, c. 625, §13 (AMD).]

2. Distribution of grants. The authority shall ensure that planning grants under this section are equitably distributed throughout the unserved and underserved areas of the State and that the grants encourage collaboration between multiple communities. [PL 2015, c. 284, §11 (NEW).]

3. Precertification. The authority may establish a precertification process to determine eligibility for planning grants under this section to encourage adoption of identified best practices by participating municipalities and organizations. [PL 2015, c. 284, §11 (NEW).]

4. Limitations on matching funds. Matching funds provided by a municipality for planning grants under this section may not consist of in-kind contributions from the municipality or funds provided by a vendor or private business that proposes to build, operate or provide retail services using broadband infrastructure constructed pursuant to the planning grant. [PL 2015, c. 284, §11 (NEW).]
35-A M.R.S. § 2301 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2301
35-A §2301. Construction, maintenance and operation of lines
Status: in_force

Except as limited, every voice service provider, competitive local exchange carrier, telecommunications service provider as defined in section 711, subsection 7, paragraph C , unlit fiber provider as defined in section 711, subsection 7, paragraph E , information service provider as defined in section 711, subsection 7, paragraph A , dark fiber provider and corporation organized for the purpose of transmitting television signals by wire may construct, maintain and operate its lines upon and along the route or routes and between the points stated in its certificate of incorporation; and may construct its lines and necessary erections and fixtures for them along, over, under and across any of the roads and streets and across or under any of the waters upon and along the route or routes subject to the conditions and under the restrictions provided in this chapter and chapter 25 . [PL 2017, c. 199, §2 (AMD).]
35-A M.R.S. § 504 — ME Code / Title 35-A / Part 1 / Chapter 5 / Section 504
35-A §504. Time for closing accounts; filing balance sheets
Status: in_force

The following provisions apply to the accounts of public utilities. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Time for closing accounts. The accounts of all public utilities shall be closed annually on the 31st day of December unless the commission fixes a different date. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Filing of information. A balance sheet as of the date the account is closed must be promptly taken from the account. Within 3 months after the account is closed, the balance sheet together with any other information the commission requires must be verified by an officer or owner of the public utility and filed with the commission. Each large, investor-owned transmission and distribution utility, as defined in section 3201, subsection 12 , shall provide with the balance sheet and other information a calculation of the utility's return on common equity for the same period in the manner the commission requires, and shall provide a calculation of the utility's return on common equity for each of the previous 3 years. For purposes of this subsection, "return on common equity" means the return on common equity on investments subject to commission jurisdiction. [PL 2011, c. 71, §1 (AMD).]

3. Extension. The commission may, for good cause, extend the deadline set out in subsection 2 not exceeding one month and may excuse any public utility from filing its returns when the gross revenue of the utility does not exceed $50,000. [PL 1987, c. 631, §6 (AMD).]
35-A M.R.S. § 761 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 761
35-A §761. Exemptions
Status: in_force

1. Overhead electrical; communication circuits; conductors. This chapter does not apply to any person while engaged in the construction, reconstruction, operation and maintenance of overhead electrical or communication circuits or conductors and their supporting structures and associated equipment, if the person is an employee of the owner or operator of the overhead electrical or communication circuits or conductors or an independent contractor engaged on behalf of the owner or operator of the overhead electrical or communication circuits or conductors, including, but not limited to, employees of and independent contractors working for the following: A. Any business operating rail transportation systems; [PL 1995, c. 348, §1 (NEW).] B. Any business operating electrical generating, transmission or distribution systems; [PL 1995, c. 348, §1 (NEW).] C. Any business operating communication systems; or [PL 1995, c. 348, §1 (NEW).] D. Any business operating cable television systems. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]

2. Agricultural activities. The provisions of sections 756 and 757 do not apply to a person operating agricultural equipment for agricultural purposes. If the equipment is likely to be routinely brought within 10 feet of an overhead high-voltage line, the owner or operator of the equipment must in each calendar year, prior to using the equipment, provide the owner or operator of the high-voltage line with the information required in section 757, subsection 2 . [PL 1995, c. 348, §1 (NEW).]

3. Water and sewer system operators. This chapter does not apply to any employee or independent contractor engaged on behalf of: A. A water utility; [PL 1995, c. 348, §1 (NEW).] B. A sewer district or sanitary district; or [PL 1995, c. 348, §1 (NEW).] C. A municipal sewer department. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]

4. State agencies; quasi-independent state agencies; municipalities. The provisions of sections 756 and 757 do not apply to the installation or maintenance of traffic lighting by an employee of a state agency, quasi-independent state agency or municipality or by a person performing the installation or maintenance on behalf of a state agency, quasi-independent state agency or municipality. Nothing in this subsection exempts a person installing or maintaining traffic lighting from any applicable training certification or licensing requirements for performing the installation or maintenance, and the installation or maintenance must be performed in accordance with all applicable federal, state and local laws, regulations, safety codes and ordinances and any other applicable safety requirements. A municipality or a contractor working for a municipality must maintain any minimum insurance requirements specified by the Department of Transportation. For purposes of this subsection, "quasi-independent state agency" has the same meaning as in Title 5, section 12021, subsection 5 . [PL 2015, c. 177, §3 (NEW).]
35-A M.R.S. § 6108 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6108
35-A §6108. State contributions
Status: in_force

The management and allocation by a consumer-owned water utility of a state contribution of funds made prior to January 1, 1989, under Title 38, section 568 , and its income, shall not be subject to investigation or review by the commissioner included under section 310 , 1302 or 1303 except upon request by the Department of Environmental Protection. [PL 1987, c. 889 (NEW).]
35-A M.R.S. § 1304 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1304
35-A §1304. Public hearings
Status: in_force

Public hearings conducted by the commission under this Title are subject to the following provisions. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Notice to utility and parties. The commission shall notify the public utility, other parties and interested persons it considers proper of the time and place of the formal public hearing as provided in Title 5, section 9052 . [PL 1995, c. 226, §1 (AMD).]

2. Notice to subscribers. If, after the commission has notified the public utility of the hearing as provided in this section or in section 310 , it appears that the time, place and nature of the hearing will not be reasonably publicized by newspaper or otherwise, the following provisions apply. A. The commission may by rule or upon written notice to the public utility require it to: (1) Give reasonable notice of the time and place of the hearing to each subscriber affected or to be affected by the subject of the hearing; or (2) File pertinent information as to the rates or service involved, including schedules of proposed rates, in the office of the clerk of the municipality where the subscribers reside. [PL 1995, c. 226, §2 (AMD).] B. The notice given by the public utility shall: (1) Be given by first class mail; and (2) Include a statement that pertinent information as to rates or service is on file in the office of the clerk of the municipality where the subscribers reside. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Nothing in this section relieves the utility from the provisions of section 308 . [PL 1989, c. 502, Pt. A, §124 (AMD).] [PL 1995, c. 226, §2 (AMD).]

3. Subpoenas. The commission may issue subpoenas to require the attendance and testimony of witnesses and the production of evidence relating to any fact at issue in the hearing. A party to a hearing is entitled to have subpoenas issued by the commission in the manner described in Title 5, section 9060 . [PL 1995, c. 226, §3 (AMD).]

4. Hearings. A party to a hearing is entitled to be heard in the manner described in Title 5, section 9056 . [PL 1995, c. 226, §3 (AMD).]

5. Commission authorized to act on an expedited basis. In proceedings pursuant to section 1302 , 1303 or 1321 , after reasonable notice and opportunity to be heard, the commission may issue a temporary order pending the conclusion of the formal public hearing. In making the order, the commission shall consider the likelihood that it would be issued at the conclusion of the proceeding, the benefit to the public or affected customers compared to the harm to the utility or other customers of issuing the order and the public interest. Notwithstanding any other provisions of law, upon a written finding that the procedural requirements otherwise required by law will result in unreasonable harm to a utility, a customer or the public, the commission may establish accelerated notice periods, schedules and limitations on hearings as may be necessary to expedite consideration of the order. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Commission authorized to waive public hearing. Unless one or more parties request a public hearing, the commission may waive the requirement for a public hearing under any provision of this Title. [PL 1995, c. 357, §2 (NEW).]
35-A M.R.S. § 9208 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9208
35-A §9208. Legislative oversight; report to committee
Status: in_force

No later than January 15th of each year, the authority shall provide a report to the joint standing committee of the Legislature having jurisdiction over utilities matters that: [PL 2005, c. 665, §3 (NEW).]

1. Budget. Includes a report on the budget of the authority; [PL 2005, c. 665, §3 (NEW).]

2. Activities. Documents the activities of the authority, including a detailed description of the progress toward the goals and objectives established in the triennial strategic plan under section 9218 ; [PL 2015, c. 284, §9 (AMD).]

3. Investments. Contains a listing of any investments of money in the ConnectMaine Fund, as established pursuant to section 9211 , and a tracking of the infrastructure improvements resulting from the investments; and [PL 2019, c. 625, §10 (AMD).]

4. Market conditions. Contains an analysis of the availability of communications services and advanced communications technology infrastructure, including an analysis of the competitive market in the State for communications services and advanced communications technology infrastructure and whether the communications services provided in the State are reasonably comparable to services provided regionally and nationwide. [PL 2005, c. 665, §3 (NEW).]

After receiving a report under this section, the joint standing committee of the Legislature having jurisdiction over utilities matters may report out legislation relating to the authority. [PL 2005, c. 665, §3 (NEW).]
35-A M.R.S. § 907 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 907
35-A §907. Municipal or quasi-municipal corporations
Status: in_force

Without in any way restricting the general language of this chapter, this chapter shall be construed to authorize any municipal or quasi-municipal corporation referred to in this Title to issue, upon vote of its trustees or similar governing board, bonds, notes or other evidences of indebtedness for the purposes specified and subject to the approval of the commission. Notwithstanding the provisions of any legislative charter, the trustees or similar governing board of any such corporation may issue notes or other evidences of indebtedness payable at periods of less than 12 months after the date of issuance when necessary to carry out the purposes of the corporation, without securing authorization from the commission pursuant to this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3103 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3103
35-A §3103. Minimum charge
Status: in_force

1. Utilities required to provide minimum charge. Any transmission and distribution utility serving more than 5,000 customers that has a residential rate combining energy and demand costs in a single rate that neither declines nor increases, but is flat as consumption increases shall recover its customer costs through the same rate. As part of that rate, each such transmission and distribution utility shall provide for a minimum charge to include such an amount of kilowatt hours as the commission determines. [PL 1999, c. 398, Pt. A, §44 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Billing of minimum charge. The minimum charge must be billed to the customer in such a manner that all transmission and distribution charges to the customer for residential service appear on the bill as a single item. [PL 1999, c. 398, Pt. A, §44 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 2520 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2520
35-A §2520. Affixing wires and structures; consent of building owner required
Status: in_force

Every person maintaining or operating a telephone or electrical line or anyone who in any manner affixes, causes to be affixed or enters upon the property of another for the purpose of affixing a structure, fixture, wire or other apparatus to the building of another without the consent of the owner of the property or the owner's lawful agent commits a civil violation for which a fine not to exceed $100 may be adjudged for each offense. [RR 2021, c. 1, Pt. B, §406 (COR).]
35-A M.R.S. § 2517 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2517
35-A §2517. Revocation of location; hearings
Status: in_force

1. Revocation of pole location by municipal officers. When the municipal officers of a municipality having a population of more than 30,000 inhabitants determine, after notice and hearing, that public safety and the public welfare require the revocation of a location for poles for conveying electricity or for the transmission of telephone messages already erected in a public street or way other than a state or a state-aid highway outside the compact area of an urban compact municipality as defined in Title 23, section 754 , they may revoke the location and order the poles removed. The person that owns the poles shall remove them within a reasonable time. Other suitable locations or the right to use other poles jointly must be granted by the municipal officers to the person. [PL 2025, c. 38, §1 (AMD).]

2. Notice and hearings. Before revoking a location or ordering the removal of any poles or wires, the municipal officers shall give public notice of the hearing as follows. A. All persons interested shall be notified by publication in a newspaper circulated in the area, the last publication to be 14 days before the hearing. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Personal notice shall be given to the owners of the poles and wires at least 14 days before the hearing. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3471 — ME Code / Title 35-A / Part 3 / Chapter 34-B / Section 3471
35-A §3471. Short title
Status: in_force

This chapter may be known and cited as "the Maine Solar Energy Act." [PL 2013, c. 562, §1 (NEW).]
35-A M.R.S. § 6704-A — ME Code / Title 35-A / Part 6 / Chapter 67 / Section 6704-A
35-A §6704-A. Notice requirements for taking of land for water treatment facilities
Status: in_force

A water utility that proposes to initiate condemnation proceedings for the purpose of acquiring land for the construction of a water treatment facility shall: [PL 1989, c. 789 (NEW).]

1. Notice to public. No less than 90 days prior to the initiation of condemnation proceedings, provide notice to the public stating that the construction of a water treatment facility is being considered and identifying the area or areas that are being considered for that construction by publication in a newspaper of general circulation in the county and affected area in which the property is located; [PL 1989, c. 789 (NEW).]

2. Notice to municipal officers. No less than 60 days prior to the initiation of condemnation proceedings, provide written notice to the municipal officers of each municipality in which the land proposed to be taken by eminent domain is located. This notice must state clearly that the construction of a water treatment facility is being considered and identify the area or areas that are being considered for that construction; and [PL 1989, c. 789 (NEW).]

3. Notice to landowners. No less than 60 days prior to the initiation of condemnation proceedings, provide written notice to each owner and all abutters of land proposed to be taken by eminent domain. This notice must state that the construction of a water treatment facility is being considered and identify the area or areas that are being considered for that construction. This notice must also state clearly in nontechnical language the rights of each landowner in the proposed condemnation proceedings, including any rights of appeal, and provide the name, address and telephone number of the appropriate state agency to assist the landowner in the proceedings. [PL 1989, c. 789 (NEW).]
35-A M.R.S. § 6112 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6112
35-A §6112. Contingency allowance
Status: in_force

1. Annual contingency allowance. A consumer-owned water utility may provide for an annual contingency allowance by including in rates the amounts as follows: A. For a utility with total annual revenues up to $85,000, an amount up to 10% of the revenues required to operate the utility; and [PL 2003, c. 529, §2 (NEW).] B. For a utility with total annual revenues in excess of $85,000, an amount up to 5% of the revenues required to operate the utility. [PL 2003, c. 529, §2 (NEW).] [PL 2003, c. 529, §2 (AMD).]

2. Contingency reserve fund maximum. [PL 2003, c. 529, §2 (RP).]

3. Use of contingency reserve fund. [PL 2003, c. 529, §2 (RP).]

3-A. Authorized uses; commission review. This section does not: A. Authorize a consumer-owned water utility to expend amounts collected pursuant to this section for any purposes other than those allowed under this Title; or [PL 2003, c. 529, §2 (NEW).] B. Exempt any expenditures from review by the commission in accordance with this Title. [PL 2003, c. 529, §2 (NEW).] [PL 2003, c. 529, §2 (NEW).]

4. Transition. [PL 2003, c. 529, §2 (RP).]

5. Commission review. If the commission determines that the consumer-owned water utility has accumulated in its unappropriated retained earnings account an amount that is inconsistent with just and reasonable rates, the commission may, pursuant to chapter 13 , order the utility to reduce its rates to the appropriate level either in the form of temporary rate adjustments, credits or reduction in rates. [PL 2003, c. 529, §2 (AMD).]

6. Public hearing on excesses. If a consumer-owned water utility in each of 3 consecutive years collects through rates under subsection 1 an amount, in the case of a utility with up to $85,000 total annual revenues, greater than 10% of the utility's annual operating expenses or, in the case of a utility with greater than $85,000 total annual revenues, an amount equal to or greater than 7% of the utility's total annual operating expenses, the water utility shall: A. No later than July 1st of the calendar year following the end of the 3rd consecutive year of over-collection, notify all of its customers in writing of the over-collection and of the time and place where the utility will hold a public hearing on the matter; and [PL 2003, c. 529, §2 (AMD).] B. Hold a public hearing no less than 10 days and no more than 30 days after sending the notice required under paragraph A . During the hearing the water utility shall: (1) Detail the extent of the over-collection; (2) Provide opportunity for any customer to testify or question the officials on any matter relating to the utility's financial situation; and (3) Explain and provide copies of the provisions of section 1302 and section 6104, subsection 7 . [PL 1991, c. 221, §2 (NEW).] [PL 2003, c. 529, §2 (AMD).]
35-A M.R.S. § 313 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 313
35-A §313. Submetering permitted in campgrounds
Status: in_force

A campground owner or operator may submeter electric service to campground sites within the campground in accordance with this section, as long as electric service is not provided to any particular submeter user for a period greater than 6 consecutive months. [PL 1995, c. 129, §1 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Campground" means a recreational camping park where fees are charged for the recreational use of the park and that can accommodate 10 or more temporary living quarters, including but not limited to tents, recreational vehicles, trailers, vans, pickup campers and motor homes. [PL 1995, c. 129, §1 (NEW).] B. "Submeter user" means any person using a campground site on which a campground owner or operator has installed a submeter. [PL 1995, c. 129, §1 (NEW).] [PL 1995, c. 129, §1 (NEW).]

2. Charges. A campground owner or operator may charge a submeter user only for kilowatt hours used by that submeter user. The charge that a campground owner or operator may charge a submeter user for electric service may not exceed the kilowatt usage of the submeter user multiplied by the combined rate per kilowatt hour that the campground owner or operator is charged by the transmission and distribution utility and competitive electricity provider. [PL 1999, c. 398, Pt. A, §15 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Nontaxable event. The collection of charges under this section for submetered electric service is not a sale for the purposes of taxation. [PL 1995, c. 129, §1 (NEW).]

4. Interpretation; not resale. A submeter user is not a customer of the transmission and distribution utility or competitive electricity provider providing service to the master-metered campground owner or operator. For purposes of this Title, a submeter user is not a customer of the campground owner or operator. Nothing in this section permits the resale of electricity by a campground owner or operator. [PL 1999, c. 398, Pt. A, §15 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 3209-H — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3209-H
35-A §3209-H. Net energy billing project procurement
Status: in_force

1. Definitions. As used in this section, the following terms have the following meanings. A. "Distributed generation resource" has the same meaning as in section 3209‑A, subsection 1, paragraph B . [PL 2025, c. 430, §11 (NEW).] B. "Eligible resource" means a distributed generation resource: (1) That reaches commercial operation before November 1, 2025; (2) That is participating in net energy billing pursuant to section 3209‑A or 3209‑B ; and (3) For which 75% or less of the bill credits associated with the distributed generation resource are allocated to a customer of or subscriber to the resource. [PL 2025, c. 430, §11 (NEW).] [PL 2025, c. 430, §11 (NEW).]

2. Competitive procurement. The commission shall direct investor-owned transmission and distribution utilities to enter into one or more contracts for energy or renewable energy credits or both from eligible resources in accordance with this section. The commission may not require a distributed generation resource to contract for the sale of energy or renewable energy credits under this section. A. By November 1, 2025, the commission shall initiate a competitive solicitation for contracts under this section for energy or renewable energy credits or both in an amount determined by the commission. [PL 2025, c. 430, §11 (NEW).] B. The commission may initiate additional competitive solicitations in its sole discretion after consultation with the Governor's Energy Office. [PL 2025, c. 430, §11 (NEW).] C. The commission may not award a contract to an eligible resource participating in net energy billing pursuant to section 3209‑A at a rate that exceeds the tariff rate calculated under section 3209‑B, subsection 5, paragraph A‑1 applicable on November 1, 2025 to medium commercial customers as defined in section 3106, subsection 1, paragraph B or industrial customers in the transmission and distribution service territory in which the eligible resource is located. [PL 2025, c. 430, §11 (NEW).] D. The commission may not award a contract to an eligible resource participating in net energy billing pursuant to section 3209‑B at a rate that exceeds 70% of the tariff rate calculated under section 3209‑B, subsection 5, paragraph A‑1 applicable on November 1, 2025 to medium commercial customers as defined in section 3106, subsection 1, paragraph B or industrial customers in the transmission and distribution service territory in which the eligible resource is located. [PL 2025, c. 430, §11 (NEW).] [PL 2025, c. 430, §11 (NEW).]

3. Contract terms. A contract entered into pursuant to this section must be for a term of no more than 20 years or the remainder of the eligible resource's net energy billing agreement with a transmission and distribution utility, whichever is shorter, unless the commission finds a contract for a longer term to be prudent. [PL 2025, c. 430, §11 (NEW).]

4. Rules. The commission may adopt rules to implement this section. Rules adopted in accordance with this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 430, §11 (NEW).]
35-A M.R.S. § 4133 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4133
35-A §4133. Additional powers
Status: in_force

1. Contracts. The agency may contract to sell, and municipalities, cooperatives, utilities and governmental units, agencies or other public bodies may contract to purchase, all or a portion of, the capacity and output of one or more specific projects, or may contract to sell or purchase electricity without designation as to source. Without limiting the generality of this subsection, such a contract may provide for planning, engineering, design, acquiring sites or options for sites and expenses preliminary or incidental to that project. Such a contract may: A. Be for the life of a project or other term or for an indefinite period; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Provide for the payment of unconditional obligations imposed without regard to whether a project is undertaken, completed, operable or operating and despite the suspension, interruption, interference, reduction or curtailment of the output of a project; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Contain provisions for prepayment, nonunanimous amendment, arbitration, delegation, requirements, purchases, restraints on resale or other dealings, exclusive dealing, territorial division, pricing and other conduct or arrangements and other matters determined necessary or desirable to carry out its purposes. For the purposes of this section, the agency has the same status with respect to antitrust actions as has the government of the State; and [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Provide for the creation of a committee of representatives of the municipalities, cooperatives and utilities purchasing electricity or services under such a contract, with such powers of supervision of the operation of the projects as the contract may provide which are not inconsistent with this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).] Such a contract may also provide, in the event of default by any party to the contract in the performance of its obligations under the contract, for the other parties, including municipalities and cooperatives, to assume the obligations and succeed to the rights and interests of the defaulting party, pro rata or otherwise as may be agreed upon in the contract. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Agreements. The agency may enter into any contract or agreement necessary, appropriate or incidental to the effectuation of its lawful purposes and the exercise of the powers granted by this chapter, including, without limitation, contracts or agreements for the purchase, sale, exchange, interchange, wheeling, pooling, transmission, distribution or storage of electricity and fuel of any kind in accordance with section 4103, subsection 9, inside and outside the State, in such amounts as it determines is necessary and appropriate to make the most effective use of its powers and to meet its responsibilities and with such persons, on such terms and for such period of time as its board of directors determines. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Debt limitation. Neither the obligations of the agency nor the obligations of any municipality under capacity and output contracts under this section may be included in computing the debt limitations of the municipalities. These obligations of municipalities shall be treated as expenses of operating their electric plants and shall constitute special obligations of these municipalities payable solely from the revenues and other money derived by them from their electric system or electric and utility systems. The liability of these municipalities from other funds is limited to obligations undertaken by them to pay for the electricity used by them. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Obligation. Municipalities and cooperatives are obligated to fix, revise and collect fees and charges for electricity and other services, facilities and commodities furnished or supplied through its electric system or electric and utility system at least sufficient to provide revenues adequate to meet its obligations under any output and capacity contracts and to pay all other amounts payable from or constituting a charge and lien upon those revenues. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Conveyance of real or personal property. Any municipality or cooperative may convey, transfer or assign to the agency, with or without consideration, any real or personal property or interest in either, including a leasehold estate. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10204 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10204
35-A §10204. Consumer underwriting and disclosure
Status: in_force

1. Underwriting. A commercial PACE agreement entered into pursuant to a commercial PACE program must comply with underwriting requirements established by rule by the trust. Underwriting requirements established by the trust must, at a minimum: A. Provide that the term of the commercial PACE agreement not exceed the estimated useful life of the financed energy savings improvements; [PL 2021, c. 142, §1 (NEW).] B. Require that the estimated cost savings from the energy savings improvements over the useful life of such improvements achieve for the property owner a savings-to-investment ratio of not less than 1.0; [PL 2021, c. 142, §1 (NEW).] C. Require that the qualifying property have a debt service coverage ratio of not less than 1.0 at the time the commercial PACE agreement is entered into; [PL 2021, c. 142, §1 (NEW).] D. Require that the qualifying property have a loan-to-value ratio of not more than 1.0 at the time the commercial PACE agreement is entered into, calculated by dividing the total amount of debt secured by the property by the property value; [PL 2021, c. 142, §1 (NEW).] E. Require that the qualifying property's commercial PACE assessment-to-value ratio be no greater than 0.35; [PL 2021, c. 142, §1 (NEW).] F. Require proof of ownership of the qualifying property; [PL 2021, c. 142, §1 (NEW).] G. Require that the qualifying property: (1) Be current on real estate taxes, personal property taxes and municipal sewer, sanitary and water district charges; (2) Have no outstanding and unsatisfied tax or municipal sewer, sanitary or water district liens; and (3) Not be subject to a mortgage or other lien on which there is a recorded notice of default, foreclosure or delinquency that has not been cured; [PL 2021, c. 142, §1 (NEW).] H. Require that the owner or owners of the qualifying property certify that there are no overdue payments on mortgages secured by the property; and [PL 2021, c. 142, §1 (NEW).] I. Require escrows for commercial PACE assessment payments when appropriate. [PL 2021, c. 142, §1 (NEW).] [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 4175 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4175
35-A §4175. Liberal construction
Status: in_force

Neither this chapter nor anything contained in this chapter is a restriction or limitation upon any powers which the agency might otherwise have under any laws of the State and this chapter is cumulative to any such powers. This chapter provides a complete, additional and alternative method for doing acts authorized by it and shall be regarded as supplemental and additional to powers conferred by other laws. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4704 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4704
35-A §4704. Cease and desist orders
Status: in_force

The commission may order a gas utility to cease and desist from operating or acting in violation of a statute or rule or order of the commission. Whenever practicable, the commission shall notify a gas utility against whom a cease and desist order is contemplated and afford it an opportunity to present its views and shall afford it reasonable opportunity to comply. Failure to notify and afford such an opportunity does not preclude the granting of appropriate relief. [PL 2003, c. 505, §36 (AMD).]
35-A M.R.S. § 7903 — ME Code / Title 35-A / Part 7 / Chapter 79 / Section 7903
35-A §7903. Connection with other telephone lines
Status: in_force

Every telephone utility in the State may, upon such terms as may be agreed upon by the contracting parties: [PL 2011, c. 623, Pt. B, §29 (AMD).]

1. Connect lines. Connect its lines with those of any other like utility; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Sell or lease lines. Sell or lease its lines and property, in whole or in part, to any other like utility; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Purchase or lease lines. Purchase or lease the lines and property, in whole or in part, of any like utility. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3149 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3149
35-A §3149. Negative pricing
Status: in_force

The commission may not approve a contract for energy resulting from a competitive solicitation conducted by the commission under this Title unless the contract includes a provision that requires the reduction of payments to the bidder by the stranded costs arising from energy produced during negative price intervals. The commission may grant an exception from the inclusion of such a negative price provision if the bidder demonstrates good cause for the exception and the commission finds that the contract is cost-effective, includes other price protections for ratepayers and will avoid to the maximum extent possible the curtailment of existing renewable resource generators. [PL 2025, c. 392, §1 (NEW).]
35-A M.R.S. § 10128 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10128
35-A §10128. Thermal Energy Investment Program
Status: in_force

1. Establishment; purpose. The Thermal Energy Investment Program is established within the trust to provide incentives and low-interest or no-interest loans to strengthen the State's forest products industry and lower energy costs by increasing the efficient use of thermal energy production. [PL 2021, c. 199, §2 (NEW).]

2. Thermal Energy Investment Fund. There is established in the custody of the trust a special nonlapsing fund, to be known as the Thermal Energy Investment Fund. The Thermal Energy Investment Fund consists of the following: A. Sums the commission collects from alternative compliance payments made by competitive electricity providers to satisfy the portfolio requirements for thermal renewable energy credits established in section 3210, subsection 3‑C ; [PL 2021, c. 199, §2 (NEW).] B. Funds that the trust may receive from the State or from the Federal Government or funds from other agreements whose purpose is consistent with this section; [PL 2021, c. 199, §2 (NEW).] C. Principal and interest received from the repayment of loans made from the Thermal Energy Investment Fund; and [PL 2021, c. 199, §2 (NEW).] D. Interest earned from the investment of Thermal Energy Investment Fund balances. [PL 2021, c. 199, §2 (NEW).] [PL 2021, c. 199, §2 (NEW).]

3. Program details. The trust, through the Thermal Energy Investment Program established in subsection 1, shall provide incentives and low-interest or no-interest loans to businesses, municipalities, educational institutions and nonprofit entities in the State for the installation of new thermal energy-derived projects from the Thermal Energy Investment Fund established in subsection 2. The trust shall require Thermal Energy Investment Program participants to substantially share in the cost of projects funded under this section. The trust shall seek to maximize the Thermal Energy Investment Program's impact per dollar of expenditure from the Thermal Energy Investment Fund and shall set limits it determines prudent on the size of incentives. The trust may not provide incentives or loans from the Thermal Energy Investment Fund for the refurbishment or maintenance of existing facilities. The trust shall develop activities promoting the Thermal Energy Investment Program in consultation with the Finance Authority of Maine, established in Title 10, chapter 110 . The trust shall consult with the Finance Authority of Maine, when appropriate, in its decisions to award incentives and loans. To the extent that funding is available, the trust shall offer technical assistance to eligible projects in a manner that is coordinated and consistent with other trust programs. For purposes of this subsection, "new thermal energy-derived project" means a project that produces thermal energy and thermal renewable energy credits, including, but not limited to, wood-fueled combined heat and power cogeneration boiler installations; colocation development that increases the efficient use of wood for energy production; conversion of fossil fuel-fired boilers to wood-fueled boilers or boilers using biofuels derived from wood; and the installation of new wood-fueled boilers or boilers using biofuels derived from wood. As used in this paragraph, "thermal energy" has the same meaning as in section 3210, subsection 2, paragraph D and "thermal renewable energy credit" has the same meaning as in section 3210, subsection 2, paragraph E . [PL 2021, c. 199, §2 (NEW).]

Revisor's Note: §10128. Maine Clean Energy and Sustainability Accelerator (As enacted by PL 2021, c. 358, §2 is REALLOCATED TO TITLE 35-A, SECTION 10129)
35-A M.R.S. § 3732 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3732
35-A §3732. Articles of incorporation
Status: in_force

1. Contents of articles. The articles of incorporation of a cooperative shall recite that they are executed pursuant to this chapter and shall state: A. The name of the cooperative; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The address of its principal office; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. The names and addresses of the incorporators; and [PL 1987, c. 141, Pt. A, §6 (NEW).] D. The names and addresses of its trustees. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Articles not inconsistent with this chapter. The articles of incorporation may contain any provisions not inconsistent with this chapter determined necessary or advisable for the conduct of its business. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Articles signed by incorporators. The articles shall be signed by each incorporator and acknowledged by at least 2 of the incorporators, or on their behalf, if they are cooperatives. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Purpose and corporate powers. It is not necessary to recite in the articles of incorporation of a cooperative the purpose for which it is organized or any of its corporate powers. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 9405 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9405
35-A §9405. Powers and duties of authority
Status: in_force

To carry out the purposes of this chapter, the authority has the following powers with respect to a project together with all powers incidental to or necessary or proper for the performance of these powers and for carrying out its responsibilities in accordance with this chapter: [PL 2021, c. 364, §3 (NEW).]

1. Power to sue and be sued. To sue or initiate or appear in any proceeding. The authority may be sued on its written contracts or to the extent permitted by Title 1, section 409 ; Title 5, chapter 375 ; or Title 14, chapter 741 ; [PL 2021, c. 364, §3 (NEW).]

2. Official seal. To adopt and have an official seal and alter the seal at pleasure; [PL 2021, c. 364, §3 (NEW).]

3. Bylaws; rules. To adopt bylaws and any rule necessary or useful for carrying out any of the authority's powers or duties pursuant to this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A ; [PL 2021, c. 364, §3 (NEW).]

4. Acquire real or personal property. To acquire real or personal property or any interest in real or personal property, including rights or easements, on either a temporary or long-term basis by gift, purchase, transfer, foreclosure, lease or otherwise; to improve, hold, sell with or without public bidding, assign, lease, rent, encumber, mortgage or otherwise dispose of any real or personal property, any interest in real or personal property or mortgage interests owned or in its control, custody or possession; and to release or relinquish any right, title claim, lien, interest, easement or demand, however acquired, including upon threat of foreclosure; [PL 2021, c. 364, §3 (NEW).]

5. Prepare and plan projects and facilities. To prepare or cause to be prepared plans, specifications, designs and estimates of costs for the construction and equipping of a project and attendant facilities and from time to time to modify or cause to be modified those plans, specifications, designs or estimates; [PL 2021, c. 364, §3 (NEW).]

6. Improve and equip project and attendant facilities. By contract or contracts to construct, acquire, alter, repair, reconstruct, rehabilitate, improve and equip a project and necessary and usual attendant facilities; [PL 2021, c. 364, §3 (NEW).]

7. Maintain, reconstruct and operate. To maintain, reconstruct and operate, or cause to be maintained, reconstructed and operated, a project; [PL 2021, c. 364, §3 (NEW).]

8. Fix and collect fees. To fix and collect fees, lease-rentals and other charges for the use of any project, equipment or services; [PL 2021, c. 364, §3 (NEW).]

9. Provide for financing or refinancing. To provide financing for a project or to provide for refinancing of existing indebtedness and for the financing of the project and of other necessary and usual attendant facilities; [PL 2021, c. 364, §3 (NEW).]

10. Incur indebtedness. To borrow money for any of the purposes authorized in this chapter, incur debt, which includes the issuance of bonds consistent with section 9406 , whether secured or unsecured and whether issued by the authority or through another entity, including, but not limited to, the Maine Municipal Bond Bank, and secure the same by mortgage, pledge, trust agreement, security agreement or other lien on or security interest in the authority's property, rights and privileges of every kind and nature or any part of or interest in any of them; [PL 2021, c. 364, §3 (NEW).]

11. Equity investments; loans, grants, contractual arrangements. To make alone or in participation or cooperation with others direct equity investments, loans, grants or any other contractual arrangement allowed by law with public or private entities in furtherance of the purposes of this chapter, including, but not limited to, the development and financing of a project; [PL 2021, c. 364, §3 (NEW).]

12. Make and execute contracts. To make and execute contracts and other instruments and enter into such transactions as reasonably necessary for the exercise of the authority's powers and functions under this chapter; [PL 2021, c. 364, §3 (NEW).]

13. Agreements; contributions; aid; grants. To enter into agreements with and to accept loans, aid, contributions, grants and the cooperation or assistance of the United States, or any agency of the United States, or of the State or any agency or governmental subdivision in furtherance of the purposes of this chapter, including, but not limited to, the development and financing of a project, and to do all things necessary in order to avail the authority of those agreements, loans, aid, contributions, grants and cooperation; [PL 2021, c. 364, §3 (NEW).]

14. Acceptance of federal funds and other assistance. To act as the public agency of the State for the purpose of accepting federal funds or other federal assistance or funds or other assistance from any other source in furtherance of the purposes of this chapter, including, but not limited to, the development and financing of projects; [PL 2021, c. 364, §3 (NEW).]

15. Modification of contract, lease, indenture or agreement. To consent to any modification of any contract, lease, indenture or agreement of any kind to which the authority is a party; [PL 2021, c. 364, §3 (NEW).]

16. Manage or operate real and personal property. To manage or operate, or cause to be managed or operated, real and personal property, to take assignments of leases and rentals or to take any other action necessary or incidental to the performance of the authority's duties under this chapter; [PL 2021, c. 364, §3 (NEW).]

17. Lease or rent facilities or equipment used to transmit voice, data or video signals. To lease or rent any facilities or equipment for a project for such amounts as the authority determines to a communications service provider to further the purposes of this chapter, as long as the obligation of the service provider is considered a binding contract with the authority and as long as no liability on account of the authority may be incurred beyond the money available for that purpose or may be considered a liability of the State; [PL 2021, c. 364, §3 (NEW).]

18. Investments. Except as otherwise provided in this chapter, to invest any funds not needed for immediate use, including any funds held in reserve, in property or in securities in which fiduciaries in the State may legally invest funds; [PL 2021, c. 364, §3 (NEW).]

19. Use of revenues. To use only for the purposes of this chapter any revenues derived by the authority from any assessment, transfer of funds, lease, assignment, rental agreement or other disposition or any other revenue; [PL 2021, c. 364, §3 (NEW).]

20. Appearances. To appear on the authority's own behalf before boards, commissions, departments or agencies of a municipality, the State or the United States; [PL 2021, c. 364, §3 (NEW).]

21. Employees. To hire and compensate employees as well as consulting engineers, architects, attorneys, accountants and construction and financial experts and such other individuals as may be necessary in the authority's judgment; and [PL 2021, c. 364, §3 (NEW).]

22. All acts granted or implied. To do any act necessary or convenient to exercise the powers granted in this chapter or reasonably implied by this chapter. [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 3701 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3701
35-A §3701. Short title
Status: in_force

This chapter shall be known and may be cited as the "Rural Electrification Cooperative Enabling Act." [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4705-A — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4705-A
35-A §4705-A. Administrative penalty
Status: in_force

1. Violation of this Title. The commission may impose an administrative penalty on a gas utility that violates any provision of this Title relating to safety of gas facilities or any rule issued under this Title in an amount not to exceed the administrative penalty adopted by the commission by rule, which may not exceed the administrative penalty established in 49 Code of Federal Regulations, Section 190.223, as amended, for each violation. Each day of violation constitutes a separate offense. [PL 2025, c. 110, §8 (AMD).]

2. Maximum administrative penalty. The maximum administrative penalty for any related series of violations may not exceed the maximum administrative penalty adopted by the commission by rule, which may not exceed the maximum administrative penalty established in 49 Code of Federal Regulations, Section 190.223, as amended. [PL 2025, c. 110, §9 (AMD).]

3. Determining amount of penalty. In determining the amount of the penalty, the commission shall consider the following: A. The nature, circumstances and gravity of the violation; [PL 2003, c. 505, §38 (NEW).] B. The degree of the gas utility's culpability; [PL 2003, c. 505, §38 (NEW).] C. The gas utility's history of prior offenses; [PL 2003, c. 505, §38 (NEW).] D. The gas utility's ability to pay; [PL 2003, c. 505, §38 (NEW).] E. Any good faith by the gas utility in attempting to achieve compliance; [PL 2003, c. 505, §38 (NEW).] F. The effect on the gas utility's ability to continue in business; and [PL 2003, c. 505, §38 (NEW).] G. Such other matters as justice may require. [PL 2003, c. 505, §38 (NEW).] [PL 2003, c. 505, §38 (NEW).]

4. Payment of penalty. The amount of the penalty may be: A. Deducted from any sums owing by the State to the gas utility; or [PL 2003, c. 505, §38 (NEW).] B. Recovered in a civil action in the state courts. [PL 2003, c. 505, §38 (NEW).] [PL 2003, c. 505, §38 (NEW).]

5. Limitation on imposing penalty. Any action that may result in the imposition of an administrative penalty pursuant to this section must be commenced within 5 years after the cause of action accrues. [PL 2003, c. 505, §38 (NEW).]
35-A M.R.S. § 6114 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6114
35-A §6114. Exemption from requirements
Status: in_force

The commission may grant exemptions from portions of this Title to individual consumer-owned water utilities or a class of consumer-owned water utilities in accordance with this section. An exemption granted under this section must be granted pursuant to standards and procedures adopted by the commission by rule. [PL 2013, c. 573, §4 (NEW).]

1. General standards. In order to grant an exemption, the commission must make specific findings that the exemption is in the public interest, will not result in unjust or unreasonable rates and will not have a negative impact on the provision of safe, adequate and reliable service and that the affected consumer-owned water utility or class of consumer-owned water utilities has the adequate technical, financial and administrative capacity to perform the waived function or requirement. [PL 2013, c. 573, §4 (NEW).]

2. Initiation of exemption. The commission shall consider an exemption to an individual consumer-owned water utility at the request of a consumer-owned water utility. The commission shall require the consumer-owned water utility to notify its customers and hold a public hearing before approving the request for exemption. The commission may, on its own motion, grant an exemption to a class of consumer-owned water utilities. The commission shall adopt by rule standards and procedures for granting an exemption to a class of consumer-owned water utilities. [PL 2013, c. 573, §4 (NEW).]

3. Exceptions. The commission may not a grant an exemption under this section from any of the following sections of this Title: A. Section 116 ; [PL 2013, c. 573, §4 (NEW).] B. Section 301, subsections 1 to 3 ; [PL 2013, c. 573, §4 (NEW).] C. Section 309, subsection 1 ; [PL 2013, c. 573, §4 (NEW).] D. Section 501 ; [PL 2013, c. 573, §4 (NEW).] E. Section 502 ; [PL 2013, c. 573, §4 (NEW).] F. Section 702 ; [PL 2013, c. 573, §4 (NEW).] G. Section 709 ; [PL 2013, c. 573, §4 (NEW).] H. Section 712 ; [PL 2013, c. 573, §4 (NEW).] I. Section 1101 ; [PL 2013, c. 573, §4 (NEW).] J. Section 1302 ; [PL 2013, c. 573, §4 (NEW).] K. Section 6105 ; [PL 2013, c. 573, §4 (NEW).] L. Section 6109 ; [PL 2013, c. 573, §4 (NEW).] M. Section 6109‑B ; [PL 2013, c. 573, §4 (NEW).] N. Section 6111‑C ; and [PL 2013, c. 573, §4 (NEW).] O. Section 6112 . [PL 2013, c. 573, §4 (NEW).] [PL 2013, c. 573, §4 (NEW).]

4. Consumer assistance and safety division. The commission shall ensure that customers of consumer-owned water utilities retain access to the services provided by the consumer assistance and safety division within the commission. [PL 2015, c. 8, §7 (AMD).]

5. Rescission. The commission shall establish by rule a process by which: A. Customers of a consumer-owned water utility may petition the commission to rescind an exemption granted under this section to an individual consumer-owned water utility or to a class of consumer-owned water utilities; and [PL 2013, c. 573, §4 (NEW).] B. The commission may on its own motion rescind an exemption granted under this section to an individual consumer-owned water utility or to a class of consumer-owned water utilities. [PL 2013, c. 573, §4 (NEW).] A rescission may be in whole or in part and may be specific to an individual consumer-owned water utility. [PL 2013, c. 573, §4 (NEW).]

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 573, §4 (NEW).]
35-A M.R.S. § 3457 — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3457
35-A §3457. Rulemaking; scenic viewpoint; scenic inventory
Status: reserved

1. Scenic viewpoint. The Department of Agriculture, Conservation and Forestry shall adopt rules to designate scenic viewpoints located on state public reserved land or on a trail that is used exclusively for pedestrian use, such as the Appalachian Trail, that have state or national significance from a scenic perspective based on criteria modeled after those used in the "Maine Rivers Study" published by the former Department of Conservation in 1982 and "Maine Wildlands Lakes Assessment" published by the former Maine Land Use Regulation Commission in June 1987 and consideration of the criteria in section 3452, subsection 3 . [PL 2013, c. 405, Pt. C, §18 (AMD).]

2. Scenic inventory. The Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources shall adopt rules regarding the methodology for conducting a scenic inventory of scenic resources of state or national significance that are located in the coastal area, as defined by Title 38, section 1802, subsection 1 , in a manner comparable to that used for an inventory listed in section 3451, subsection 9, paragraph H, subparagraph (1) . The Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources may contract with an outside entity for the preparation of a scenic inventory conducted pursuant to the methodology developed pursuant to this subsection. [PL 2013, c. 405, Pt. C, §18 (AMD).]

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 661, Pt. A, §7 (NEW).]
35-A M.R.S. § 3610 — ME Code / Title 35-A / Part 3 / Chapter 36 / Section 3610
35-A §3610. Project deadline; completion deadline
Status: in_force

The commission may not issue an order after December 31, 2015 directing an investor-owned transmission and distribution utility to enter into a long-term contract under this chapter nor allow a consumer-owned transmission and distribution utility to enter into a long-term contract under this chapter. All community-based renewable energy projects that have been selected for a long-term contract must become operational and commence generating electricity by December 31, 2018. [PL 2015, c. 232, §4 (NEW).]
35-A M.R.S. § 3110 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3110
35-A §3110. Rate disclosures
Status: in_force

1. Current transmission and distribution utility rates. On January 1st of each year, the commission shall publish on the commission's publicly accessible website residential transmission and distribution utility rates and standard-offer supply rates applicable for the period of January 1st to December 31st of that year. The commission shall update the published rates within 30 days of any change in those rates. [PL 2023, c. 121, §1 (NEW).]
35-A M.R.S. § 5101-B — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5101-B
35-A §5101-B. Inadequacies or deficiencies in service of Casco Bay Island Transit District
Status: in_force

1. Seasonal scheduled service. A certificate granted by the commission for seasonal scheduled passenger, freight or vehicle transportation services must be limited to the provision of scheduled services found by the commission to cure any inadequacies or deficiencies in existing scheduled services of the Casco Bay Island Transit District. [PL 1991, c. 774, §2 (NEW).]

2. Permanent certificates. An applicant for a permanent certificate of public convenience and necessity for the provision of scheduled passenger, freight or vehicle transportation service who seeks such a certificate on the grounds that the service provided by the Casco Bay Island Transit District is inadequate or deficient has the burden of establishing the following. A. The service of the district is inadequate or deficient in the areas in which the applicant proposes to provide service. [PL 1991, c. 774, §2 (NEW).] B. By written application to the board of directors of the district, the applicant has identified the inadequacies and deficiencies in the service of the district that the applicant wishes to provide. [PL 1991, c. 774, §2 (NEW).] C. The district has failed substantially to cure these inadequacies or deficiencies in its service within 60 days after receipt of the written application of the applicant that identifies the inadequacies or deficiencies. [PL 1991, c. 774, §2 (NEW).] [PL 1991, c. 774, §2 (NEW).]

3. Insufficiency of lower rates to establish deficiency. A scheduled service provided by the Casco Bay Island Transit District may not be found to be inadequate or deficient solely on the basis that a seasonal service is proposed by an applicant to be provided at a lower rate than the scheduled service offered by the district. This subsection does not apply to any application proposing to provide all scheduled passenger, freight and vehicle transportation services currently offered by the district. [PL 1991, c. 774, §2 (NEW).]
35-A M.R.S. § 4371 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4371
35-A §4371. On-site storage of spent fuel assemblies; limitations
Status: in_force

After July 1, 1992, no nuclear fission thermal power plant licensee may store or maintain in on-site spent fuel element pools or other on-site temporary storage facilities any spent nuclear fuel which was removed from the nuclear reactor core more than 3 years previously. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 5103 — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5103
35-A §5103. Service, rates and schedules
Status: in_force

All ferries shall maintain reasonable and adequate service, rates and schedules to the islands of Casco Bay as set out in section 5101 under rules promulgated by the commission. [PL 1987, c. 475, §2 (AMD).]

1. Rates. [PL 1987, c. 475, §2 (RP).]

2. Schedules. The commission, when promulgating rules as to schedules, shall take into consideration the daily year-round service needs of the inhabitants of the islands of Casco Bay as set out in section 5101 . [PL 1987, c. 475, §2 (AMD).]
35-A M.R.S. § 1303 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1303
35-A §1303. Investigations
Status: in_force

1. Summary investigations. The commission may on its own motion, with or without notice, summarily investigate when it believes that: A. A rate or charge is unjust or unreasonable; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. A service is inadequate or cannot be obtained; or [PL 1987, c. 141, Pt. A, §6 (NEW).] C. An investigation of any matter relating to a public utility should for any reason be made. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Formal investigation. If after the summary investigation, the commission is satisfied that sufficient grounds exist to warrant a formal public hearing as to the matters investigated, it shall give the interested public utility written notice of the matter under investigation. Seven days after the commission has given notice, it may set a time and place for a public hearing. The hearing shall be held in accordance with section 1304 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3501 — ME Code / Title 35-A / Part 3 / Chapter 35 / Section 3501
35-A §3501. Definitions
Status: in_force

1. Consumer-owned transmission and distribution utility. For the purposes of this chapter, "consumer-owned transmission and distribution utility" means any transmission and distribution utility that is wholly owned by its consumers, including its consumers served in the State. "Consumer-owned transmission and distribution utility" includes but is not limited to: A. Any rural electrification cooperative organized under chapter 37 ; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Any electrification cooperative organized on a cooperative plan under the laws of the State; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Any municipal or quasi-municipal transmission and distribution utility located in the State; [PL 2019, c. 311, §2 (AMD).] D. The portion of any municipal or quasi-municipal entity located in the State providing transmission and distribution services; and [PL 2019, c. 311, §2 (AMD).] E. Any transmission and distribution utility wholly owned by a municipality located in the State. [PL 2019, c. 311, §2 (AMD).] [PL 2019, c. 311, §2 (AMD).]
35-A M.R.S. § 1317 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1317
35-A §1317. Appearance by officer or employee of corporation or partnership
Status: in_force

Notwithstanding Title 4, section 807 , the appearance of an authorized officer, employee or representative of a party in any hearing, action or proceeding before the commission in which the party is participating or desires to participate is not an unauthorized practice of law and is not subject to any criminal sanction. In order to facilitate the efficient processing of any proceeding, the commission may, in its discretion, require the appearance of counsel on behalf of the party. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2504 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2504
35-A §2504. Use of facilities alone creates no legal right for continuance
Status: in_force

No enjoyment by any person for any length of time of the privilege of having or maintaining its facilities in the public way, may give a legal right to the continued use of the enjoyment or raise any presumption of a grant of a legal right. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10304 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10304
35-A §10304. Commissioner
Status: in_force

The department is under the control and supervision of the Commissioner of Energy Resources, who reports directly to the Governor. [PL 2025, c. 476, Pt. A, §16 (NEW).]

1. Appointment. The Governor shall appoint the commissioner, subject to review by the joint standing committee of the Legislature having jurisdiction over energy matters and confirmation by the Senate. The commissioner serves at the pleasure of the Governor. [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Deputy commissioner. The commissioner shall appoint a deputy commissioner to assist the commissioner with the operations of the department. The deputy commissioner serves at the pleasure of the commissioner. [PL 2025, c. 476, Pt. A, §16 (NEW).]

3. Personnel. The commissioner may employ, subject to the Civil Service Law, personnel for the department and prescribe the duties of these employees as the commissioner determines necessary to fulfill the duties of the department. The commissioner may delegate duties assigned to the commissioner under this chapter to personnel of the department. [PL 2025, c. 476, Pt. A, §16 (NEW).]

4. Commissioner; limitation. An individual serving or appointed to serve as the commissioner on or after December 15, 2025 may not participate on behalf of a bidder in the submission of a proposal in response to a competitive solicitation conducted by the department pursuant to section 10313 until 12 months after the completion of the commissioner's service. [PL 2025, c. 476, Pt. A, §16 (NEW).]

5. Contracts; agreements. The department may employ experts and professional consultants, contract for services as the commissioner determines necessary consistent with the powers and duties of the department and enter into agreements with federal, state and municipal entities and other organizations as will promote the objectives of this chapter. [PL 2025, c. 476, Pt. A, §16 (NEW).]

6. Powers and duties of commissioner. The commissioner is responsible for the execution of the duties of the department. The commissioner shall: A. Advise the Governor and state agencies on matters related to energy; [PL 2025, c. 476, Pt. A, §16 (NEW).] B. Serve as a member of the Efficiency Maine Trust Board, established under Title 5, section 12004‑G, subsection 10‑C ; [PL 2025, c. 476, Pt. A, §16 (NEW).] C. In collaboration with the relevant state agencies, coordinate state energy policy and actively foster cooperation with the Efficiency Maine Trust, established in chapter 97, and the Maine State Housing Authority, established in Title 30‑A, chapter 201 ; and [PL 2025, c. 476, Pt. A, §16 (NEW).] D. Represent the State's interests in relevant regional energy organizations and forums to coordinate energy policy. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 312 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 312
35-A §312. Temporary rates during rate proceeding
Status: in_force

During any proceeding initiated by a public utility by a filing pursuant to section 307 or 1302 , the commission may temporarily approve any undisputed amounts of a requested rate increase or rate decrease. If the parties are unable to agree on an undisputed amount, any party, at any time after the cross-examination of the utility's direct case has been conducted and all parties have filed their direct cases, may request the commission to require the parties to provide a written statement of those issues that are being contested and an estimated dollar value of the extent of the disagreement between the utility and the other party on that issue. The commission, after examining the statements of issues presented, may determine an amount which is undisputed. The commission may include in the undisputed amount the amount put in question by any party other than the utility, if the commission determines that that party has no possibility of ultimately prevailing on that issue. The amounts temporarily approved shall be filed by the utility as a temporary schedule which shall be effective from the date of approval of the temporary schedule until the issuance of the final order in section 307 proceeding. [PL 1987, c. 141, Pt. A, §6 (NEW).]

The utility shall notify each customer of the rate increase allowed under this section. The notice shall be mailed with the first bill mailed to each customer after the date of approval and shall state the following: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Amount of increase. The amount of increase allowed under this section; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Statement. The fact that that rate increase allowed under this section was undisputed or that although disputed it was approved by the commission, subject to partial or full refund if the commission in its final order approves an amount less than the increase allowed by the temporary rate schedule; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Amount of remaining disputed portion. The amount of the remaining disputed portion of the requested rate increase; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Disputed portion will be decided. If available, an estimate of the date when the disputed portion will be decided. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 701 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 701
35-A §701. Special privileges forbidden
Status: in_force

1. Person furnishing facilities incident to service. No public utility may demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the public utility in consideration of the person furnishing a part of the facilities incident to the service. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Renting facilities. This section does not prohibit a public utility from renting any facilities incident to the production, transmission, delivery or furnishing of transmission and distribution service, gas, heat or water or the conveyance of telephone messages and paying a reasonable rental for the facilities. [PL 1999, c. 398, Pt. A, §16 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Furnishing appliances. Nothing in this section requires a public utility to furnish any part of the appliances which are situated in or upon the premises of any customer or user, except a telephone interface upon the subscribers' premises, and unless otherwise ordered by the commission, meters and appliances for the measurement of any product or service. [PL 1987, c. 490, Pt. C, §3 (AMD).]

4. Classifications of telephone service. Nothing in this section affects scheduled classifications of telephone service in which separate charges are made for facilities and for service or scheduled classifications of rural telephone service in which a portion of the facilities are regularly furnished by the user of the service. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3209-E — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3209-E
35-A §3209-E. Net energy billing cost management
Status: in_force

1. Definitions. As used in this section, the following terms have the following meanings. A. "Distributed generation resource" means an electric generating facility that uses a renewable fuel or technology under section 3210, subsection 2, paragraph B‑3 , is located in the service territory of a transmission and distribution utility in the State and: (1) Has met or is reasonably likely to meet the requirements of section 3209‑A, subsection 7, paragraph E , as determined by the commission; or (2) Has a nameplate capacity of at least one megawatt and not more than 2 megawatts and: (a) Is a member of a cluster study conducted by the transmission and distribution utility with which the distributed generation resource is seeking to interconnect; or (b) Is likely to receive required transmission approval from the New England independent system operator on or before April 30, 2024. [PL 2025, c. 430, §8 (AMD).] B. "Net energy billing cost" means a cost borne by ratepayers that is determined by the commission to be reasonably attributable to distributed generation projects participating in net energy billing arrangements under section 3209‑A and section 3209‑B . [PL 2023, c. 411, §7 (NEW).] C. "Opt-in program" means a program to reduce net energy billing costs in which a distributed generation resource may elect to participate. [PL 2023, c. 411, §7 (NEW).] [PL 2025, c. 430, §8 (AMD).]

2. Opt-in programs. The commission may develop and implement one or more opt‑in programs in accordance with this section. A. The commission shall conduct one or more proceedings to examine and evaluate opt-in program designs, including, but not limited to, designs that include long-term financial mechanisms and buy-down arrangements. In conducting an examination and evaluation in accordance with this paragraph, the commission shall consult with the Finance Authority of Maine and give preference to designs that enable the continued development and operation of distributed generation resources. [PL 2023, c. 411, §7 (NEW).] B. After examining and evaluating opt-in programs under paragraph A , if the commission finds the implementation of an opt-in program to be in the public interest, the commission shall establish and implement the opt-in program by rule. [PL 2023, c. 411, §7 (NEW).] C. The commission may not require a distributed generation resource to participate in an opt-in program established in accordance with this section. [PL 2023, c. 411, §7 (NEW).] [PL 2023, c. 411, §7 (NEW).]

3. Rules. The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 411, §7 (NEW).]
35-A M.R.S. § 3804 — ME Code / Title 35-A / Part 3 / Chapter 38 / Section 3804
35-A §3804. Commission advancement of clean energy and beneficial electrification
Status: in_force

The commission shall advance through its decisions and orders beneficial electrification in order to achieve the emission reduction and renewable energy goals of the State, reduce energy costs to consumers and provide economic and climate benefits for all ratepayers. [PL 2025, c. 476, Pt. A, §15 (AMD).]
35-A M.R.S. § 1507-A — ME Code / Title 35-A / Part 1 / Chapter 15 / Section 1507-A
35-A §1507-A. False statements
Status: in_force

It is a Class C crime for any person to make or cause to be made, in any document filed with the commission or in any proceeding under this Title, any statement that, at the time and in light of the circumstances under which it is made, is false in any material respect and that the person knows is false in any material respect. [PL 2003, c. 505, §21 (NEW).]
35-A M.R.S. § 2303 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2303
35-A §2303. Water utilities may lay pipelines
Status: in_force

Every water utility organized under the general or special laws of this State and authorized to do public utility business in this State may lay its pipe in and under the roads and streets in any municipality in which it is authorized to supply water or through which it is necessary or convenient to lay the pipe to supply water from its source of supply to enable it to provide its service, subject to the conditions and under the restrictions provided in this chapter and chapter 25 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

The installation and maintenance of a water utility plant by a utility in accordance with the location permit constitutes compliance by the utility with the requirements of section 2514 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

A water utility shall comply with sections 2503 , 2505 , 2506 and 2512 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3133 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3133
35-A §3133. Purchase of transmission capacity prohibited without prior order of the commission
Status: in_force

1. Commission approval required for purchases. A transmission and distribution utility may not purchase any transmission capacity unless the commission has issued a certificate of public convenience and necessity approving the purchase or has waived the approval requirements pursuant to subsection 11 . [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Notice of intent to file. The utility or utilities shall file with the commission, no less than 2 months in advance of submitting its petition for a certificate of public convenience and necessity for the proposed purchase, a notice of its intent to file the petition. The notice must inform the commission of the terms of the proposed purchase and, after receiving the notice, the commission may, by rule or otherwise, require the petitioner to make available such additional information as it determines necessary. The commission may waive the requirement that at least 2 months' advance notice be given. The commission shall rule on any request for waiver within 60 days. If there is then outstanding for the utility a long-range plan approved pursuant to section 3134 , the utility need not provide an advance notice of its intent to file the petition. [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Petition for certificate of public convenience and necessity. The petition for a certificate of public convenience and necessity must contain such information as the commission may by rule prescribe. [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Hearing. The petition must be set down for public hearing. [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Deadline for issuance of commission order. The commission shall issue its order within 12 months after the petition is filed. If there is then outstanding for the utility a long-range plan approved pursuant to section 3134 , the commission shall issue its order within 9 months of filing. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Certificate of public convenience and necessity. The following provisions apply to the issuance of a certificate of public convenience and necessity. A. In its order, the commission shall make specific findings with regard to the need for the purchase and, if the commission finds that a need exists, it shall issue a certificate of public convenience and necessity for the purchase. [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] B. [PL 1999, c. 398, Pt. A, §47 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] C. The issuance of a certificate of public convenience and necessity establishes that, as of the date of issuance of the certificate, the decision by the utility to purchase was prudent. [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

7. Exclusions. [PL 1999, c. 398, Pt. A, §47 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

7-A. Consumer-owned electric utilities. [PL 1999, c. 398, Pt. A, §47 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

8. Filing fee. When the petition is filed, the utility or utilities involved shall pay to the commission an amount equal to 2/100 of 1% of the estimated cost of the purchase. The utility or utilities may, at the time of the filing of notice of its intent to file the petition, request the commission to waive all or a portion of the filing fee. The commission shall rule on a request for waiver within 30 days. Filing fees paid as required by this subsection must be segregated, apportioned and expended by the commission for the purposes of this section. Any portion of the filing fee that is received from any utility or utilities and is not expended by the commission to process the petition for a certificate of public convenience and necessity must be returned to the utility or utilities. [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

9. Imported power. [PL 1999, c. 398, Pt. A, §47 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

10. Renewal of contracts for purchase or conversion. [PL 1993, c. 91, §4 (RP).]

10-A. Renewal of contracts for purchase originally subject to commission approval. The requirements of this section apply to any amendment, extension or renewal of any contract between the utility and other parties governing the terms of their participation in a purchase subject to this section, if the original contract was subject to approval by the commission. [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

10-B. Renewal of contracts not originally subject to commission approval. For any amendment, extension or renewal of any contract otherwise subject to this section for which the original contract was not subject to approval by the commission, the utility shall file a copy of the proposed amendment, extension or renewal with the commission within 7 days of the day when the utility receives notice of the proposal, but approval under this section is not required. [PL 1993, c. 91, §5 (NEW).]

11. Waiver of approval requirements. The commission may waive the notice and approval requirements of this section on its own motion or upon request of any party. The commission shall rule on a request for a waiver within 60 days. Prior to considering a waiver, the commission shall ensure that notice by mail has been sent, and an opportunity to be heard permitted, to persons who commonly participate in commission proceedings and persons whose contracts the commission determines may be affected by the agreement. The commission may prescribe by rule the content of a request for waiver and procedures for the expeditious processing of the request in certain circumstances. [PL 1999, c. 398, Pt. A, §47 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 7507 — ME Code / Title 35-A / Part 7 / Chapter 75 / Section 7507
35-A §7507. Emergency interruption of service for law enforcement purposes
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Critical incident" means a situation in which there is probable cause to believe that a person is holding a hostage while committing a crime or who is barricaded and resisting apprehension through the use or threatened use of force. [RR 1993, c. 1, §105 (COR).] B. "Commanding law enforcement officer" means a law enforcement officer who has jurisdiction and is in charge at a critical incident. [RR 1993, c. 1, §105 (COR).] C. "Law enforcement officer" means a person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders and to make arrests for crimes. [RR 1993, c. 1, §105 (COR).] [RR 1993, c. 1, §105 (COR).]

2. Order. The commanding law enforcement officer at a critical incident may order a previously designated telephone utility security employee to arrange to cut, reroute or divert telephone lines for the purpose of preventing telephone communication by a suspected person with a person other than a law enforcement officer or a person authorized by a law enforcement officer. [PL 1993, c. 31, §1 (NEW).]

3. Security employee designation. A telephone utility shall designate a security employee and an alternate security employee to provide required assistance to law enforcement officers involved in a critical incident. [PL 1993, c. 31, §1 (NEW).]
35-A M.R.S. § 4517 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4517
35-A §4517. Private natural gas pipelines
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affiliated compression or liquefaction facility" means a facility that is used to liquefy or compress natural gas for sale or distribution to others by means other than a pipeline and that is owned or operated by an affiliate of the owner of a private natural gas pipeline. [PL 2011, c. 592, §1 (NEW).] B. "Private natural gas pipeline" means a pipeline that is used solely for the transport of natural gas to a single customer and is owned by the customer and whose owner or operator is not otherwise regulated by the commission as a natural gas pipeline utility or gas utility. For purposes of this paragraph, "customer" includes an affiliate of a customer. [PL 2011, c. 592, §1 (NEW).] [PL 2011, c. 592, §1 (RPR).]

2. Safety regulation. The commission may exercise safety regulation over an entity that owns or operates a private natural gas pipeline on public land or land owned by a 3rd party, notwithstanding that the entity is not a public utility. The commission may exercise safety regulation over the owner or operator of an affiliated compression or liquefaction facility, notwithstanding that the owner or operator is not a public utility. Safety regulation under this subsection may be enforced as provided in sections 4515 and 4516‑A . [PL 2011, c. 592, §2 (AMD).]

3. Approval of construction. A private natural gas pipeline or affiliated compression or liquefaction facility may not be constructed without approval of the commission. When requesting approval, the entity that owns or operates a private natural gas pipeline or affiliated compression or liquefaction facility shall submit to the commission information concerning the engineering design of the pipeline or affiliated compression or liquefaction facility and the standards of construction the entity proposes to follow and any other information the commission determines necessary to make a determination of whether to approve construction. The commission shall approve the construction if the commission determines that the standards of construction of the pipeline or affiliated compression or liquefaction facility adequately protect the safety of the public. [PL 2011, c. 592, §2 (AMD).]

4. Waiver. The commission may waive for good cause any requirements under this section. [PL 2011, c. 110, §1 (NEW).]

5. Sale by affiliate of liquefied natural gas or compressed natural gas. The owner or operator of a private natural gas pipeline that delivers natural gas to its affiliate that then liquefies or compresses the natural gas for sale or distribution to others by means other than by a pipeline is not, as a result of the delivery, considered a public utility. The owner or operator of an affiliated compression or liquefaction facility is not considered a public utility if the owner or operator is not otherwise regulated by the commission as a public utility. [PL 2011, c. 592, §3 (NEW).]
35-A M.R.S. § 3131 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3131
35-A §3131. Definitions
Status: in_force

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

1. Domestic transmission and distribution utility. "Domestic transmission and distribution utility" means any entity organized under the laws of this State to transmit or distribute electricity. [PL 1999, c. 398, Pt. A, §45 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

1-A. Electric utility. [PL 1999, c. 398, Pt. A, §45 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Energy. [PL 1999, c. 398, Pt. A, §45 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Foreign electric utility. "Foreign electric utility" means any entity organized under the laws of a state other than this State, or a province of Canada, that is authorized under the laws of the state or province in which it is organized to generate, transmit or distribute electricity, or to own, operate or otherwise participate in utility facilities or interests in utility facilities. [PL 1999, c. 398, Pt. A, §45 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3-A. Fuel conversion. [PL 1999, c. 398, Pt. A, §45 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Generating capacity. [PL 1999, c. 398, Pt. A, §45 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4-A. High-impact electric transmission line. "High-impact electric transmission line" means a transmission line greater than 50 miles in length that is: A. Constructed to transmit direct current electricity; or [PL 2009, c. 655, Pt. A, §3 (NEW).] B. Capable of operating at 345 kilovolts or more and: (1) Is not a generator interconnection transmission facility as defined in section 3132, subsection 1‑B ; and (2) Is not constructed primarily to provide electric reliability, as determined by the commission. [PL 2009, c. 655, Pt. A, §3 (NEW).] [IB 2021, c. 1, §2 (AMD).]

4-B. Nontransmission alternative. [PL 2023, c. 355, §1 (RP).]

4-C. Nonwires alternative. "Nonwires alternative" means an infrastructure, technology or application that either individually or collectively defers or reduces the need for capital investment in the transmission or distribution system and addresses system reliability needs proposed to be met by the transmission or distribution system investment. "Nonwires alternative" includes but is not limited to energy efficiency and conservation measures, energy storage, load management, demand response and distributed generation. [PL 2023, c. 355, §2 (AMD).]

4-D. Nonwires alternative coordinator. "Nonwires alternative coordinator" means the person or entity providing services under contract to the Office of the Public Advocate as described in section 1701, subsection 2‑A . [PL 2019, c. 298, §5 (NEW).]

5. Transmission capacity. "Transmission capacity" means an entitlement to transmission services over a transmission line with a capacity greater than 100 kilovolts for periods greater than 3 years. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Utility facility. "Utility facility" means an item of plant used or useful in the transmission and distribution utility business, and includes, but is not limited to, such items of plant as transmission lines, office buildings and equipment and transportation equipment. [PL 1999, c. 398, Pt. A, §45 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

7. Corridor. "Corridor" means an area no greater than 1/2 mile in width in which a proposed transmission line is to be located. [PL 1991, c. 640, §1 (NEW).]

8. Cost-effective. "Cost-effective" means, with respect to nonwires alternatives, that benefits exceed costs, as determined by benefit-cost analysis conducted pursuant to section 3132‑C, subsection 2 . [PL 2019, c. 298, §6 (NEW).]
35-A M.R.S. § 2704 — ME Code / Title 35-A / Part 2 / Chapter 27 / Section 2704
35-A §2704. Application for inspection; removal of faulty meter; expense of inspection
Status: in_force

1. Application for inspection. If a consumer applies in writing to the municipal clerk for the inspection of that consumer's meter, and deposits with the clerk the fee fixed by the municipal officers for this service, the inspector shall inspect and test the meter. [RR 2021, c. 1, Pt. B, §408 (COR).]

2. Removal of faulty meter. If the meter is found to be incorrect to the extent of 4% if an electric meter or 2% if a gas or water meter, to the prejudice of the consumer, the inspector shall order the public utility furnishing the meter to remove the meter and to install in its place a meter which has been tested, approved, marked and sealed by an inspector of meters. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Expense of inspection. Upon finding an incorrect meter, the inspector shall give a certificate to the consumer, showing the result of the test. Upon presenting the certificate to the municipal clerk, the consumer shall receive the fee deposited with the clerk, and the public utility furnishing the meter shall bear the expense of the inspection and shall pay to the treasurer of the municipality the fee required. All fees collected by the municipal clerk or treasurer shall be placed to the credit of the municipality to be used for municipal purposes. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10158 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10158
35-A §10158. Annual report
Status: in_force

The trust shall report annually on the implementation of this chapter as part of the report required under section 10104, subsection 5 . [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 3703 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3703
35-A §3703. Definitions
Status: in_force

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

1. Person. "Person" means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Rural electrification cooperative or cooperative. "Rural electrification cooperative" or "cooperative" means any corporation organized under this chapter or which becomes subject to this chapter in the manner provided. [RR 2009, c. 1, §24 (COR).]
35-A M.R.S. § 506 — ME Code / Title 35-A / Part 1 / Chapter 5 / Section 506
35-A §506. Inspection of books and records
Status: in_force

The agents, accountants or examiners employed by the commission shall have authority inside or outside the State under the direction of the commission to inspect and examine the books, accounts, papers, records and memoranda kept by any public utility. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10303 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10303
35-A §10303. Departmental responsibilities
Status: in_force

The department has responsibilities relating to energy resources, planning, programs and development. The department shall conduct planning, develop and implement policies and establish programs designed to ensure all households, communities and businesses in the State have access to an affordable, reliable and resilient energy supply to meet energy demand, address energy burdens and support economic development while supporting the achievement of the greenhouse gas reduction obligations and climate policies pursuant to Title 38, section 576‑A and section 577, subsection 1 and the renewable energy goals established in section 3210, subsection 1‑A . The department is designated as the energy office for the State. [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 1910 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1910
35-A §1910. Rulemaking
Status: in_force

The commission may adopt rules to implement this chapter. When adopting rules, the commission shall consider the financial implications of this chapter for transmission and distribution utilities, gas utilities and natural gas pipeline utilities. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 369, Pt. B, §1 (NEW).]
35-A M.R.S. § 3210-F — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-F
35-A §3210-F. Allocation of costs and benefits of long-term energy contracts
Status: in_force

The commission shall ensure that all eligible costs and benefits associated with a long-term energy contract are allocated to ratepayers in accordance with this section. [PL 2013, c. 454, §2 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Eligible costs and benefits" means the net amount of all costs and direct financial benefits associated with long-term energy contracts entered into by investor-owned transmission and distribution utilities, including but not limited to any effects on a utility's cost of capital as a result of these contracts. [PL 2013, c. 454, §2 (NEW).] B. "Long-term energy contract" means a contract with an investor-owned transmission and distribution utility entered into under section 3210‑C or section 3604 . [PL 2013, c. 454, §2 (NEW).] [PL 2013, c. 454, §2 (NEW).]

2. Eligible costs and benefits. The commission shall determine the eligible costs and benefits of a long-term energy contract annually. [PL 2013, c. 454, §2 (NEW).]

3. Allocation of eligible costs and benefits. The commission shall annually allocate to each investor-owned transmission and distribution utility its pro rata share of eligible costs and benefits as determined under subsection 2 . The allocation must be based on each utility's total retail kilowatt-hour energy sales to ratepayers that receive the benefits and pay the costs of long-term energy contracts. The commission may determine the means to be used for the allocation required under this section, which may include the direct transfer of funds between investor-owned transmission and distribution utilities. [PL 2013, c. 454, §2 (NEW).]

4. Rules. The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 454, §2 (NEW).]
35-A M.R.S. § 1709 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1709
35-A §1709. Conflicts of interest
Status: in_force

In addition to the limitations of Title 5, section 18 , the Public Advocate or any employee of the Public Advocate may not have any official or professional connection or relation with, or hold any stock or securities in, any public utility or competitive electricity provider operating within this State; render any professional service against any such public utility or competitive electricity provider; or be a member of a firm that renders any such service. [PL 2021, c. 659, §16 (AMD).]
35-A M.R.S. § 4701-A — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4701-A
35-A §4701-A. Renewably sourced gas; authorized with commission approval
Status: in_force

1. Definition. For the purposes of this section, unless the context otherwise indicates, the following term has the following meaning. A. "Renewably sourced gas" means gas that the commission finds has been processed to meet pipeline, equipment and appliance quality standards to blend with or substitute for geologically derived natural gas and may include gas that: (1) Is produced by anaerobic digestion or gasification of agricultural waste, dairy or animal residual materials or landfill biomass material; (2) Is produced by wastewater treatment or other waste processes; or (3) Has a lower carbon content than natural gas, including but not limited to hydrogen gas. [PL 2023, c. 222, §4 (NEW).] [PL 2023, c. 222, §4 (NEW).]

2. Renewably sourced gas. Any gas utility may be authorized, subject to commission approval in accordance with subsection 3 , to buy, sell, furnish, transport, store, distribute, dispose of or otherwise deal in renewably sourced gas with the same rights, privileges and limitations conferred or imposed upon it with respect to geologically or conventionally sourced natural gas and within the same territorial limitations within which it is authorized to deal in manufactured gas. [PL 2023, c. 222, §4 (NEW).]

3. Commission approval. A gas utility may petition the commission to utilize renewably sourced gas in accordance with subsection 2 . The commission may authorize the use of renewably sourced gas upon a finding that: A. The gas utility will utilize the renewably sourced gas in a manner that is safe and reliable; [PL 2023, c. 222, §4 (NEW).] B. The renewably sourced gas will be provided to customers at a just and reasonable rate; and [PL 2023, c. 222, §4 (NEW).] C. Granting the authorization may reduce greenhouse gas emissions and help to meet the greenhouse gas emissions reduction levels set forth in Title 38, section 576‑A . [PL 2023, c. 222, §4 (NEW).] [PL 2023, c. 222, §4 (NEW).]
35-A M.R.S. § 7224 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7224
35-A §7224. Ancillary services
Status: in_force

If a service provider offers an ancillary service to any customer, it shall offer that service to its provider of last resort service customers individually in conjunction with provider of last resort service and may not require that the ancillary service be bundled with any other ancillary services. For purposes of this section, "ancillary service" means a service that allows a customer to manage the display of information identifying the originator of a voice call or to manage the delivery of a voice call, including but not limited to call waiting and call forwarding, and is related to the provisioning of voice grade access to the public switched telephone network so that the customer is unable to obtain a functionally equivalent service from any device or service offered by an entity other than the service provider. [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 2311 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2311
35-A §2311. Lines along railroads; application to Public Utilities Commission when disagreement
Status: in_force

A person maintaining or operating a telephone or electric line may construct a line across, upon or along any railroad with the written permit of the person owning or operating the railroad. If the person maintaining or operating a telephone or electric line and the person owning or operating the railroad can not agree as to the construction or manner of construction of lines upon, along or across the railroad or as to the continued operation of lines constructed upon, along or across the railroad, either party may apply to the commission, who, after notice to those interested, shall hear and determine the matter. The commission's decision is binding upon the parties. The commission may grant the person seeking to construct or operate a line a permit with appropriate terms and conditions to construct or operate the line along, upon or across the railroad or, in the case of a line across the railroad, authorize, subject to appropriate terms and conditions, the person to take by eminent domain an easement across the railroad. The taking of an easement authorized by the commission pursuant to this section must be in accordance with the procedures established in chapter 65 . This section does not permit the commission to authorize the taking of an easement over lands owned by the State. The person seeking to construct lines on the railroad shall pay the expenses of the hearing, except that if the commission finds that parties owning or operating the railroad have unreasonably refused their consent, those parties shall pay the expenses. Without limiting the commission's jurisdiction under this section, if a railroad company and a telephone or transmission and distribution utility enter into an agreement involving a utility crossing of railroad property and that agreement or some other agreement provides that the commission shall resolve disputes arising under the original agreement, the commission may resolve those disputes. As used in this section, the term "railroad" includes, but is not limited to, a railroad whose abandonment has been approved pursuant to 49 United States Code, Chapter 109. [PL 2001, c. 608, §1 (AMD).]
35-A M.R.S. § 7505 — ME Code / Title 35-A / Part 7 / Chapter 75 / Section 7505
35-A §7505. Telecommunication devices for persons who are hard of hearing or speech impaired required in public facilities
Status: in_force

1. State buildings. The Department of Administrative and Financial Services shall require the installation and maintenance of telecommunication devices for communication for persons who are deaf, hard of hearing, late deafened or speech impaired who rely on those devices for telephone communications in locations accessible to the public in state buildings where a primary function is the delivery of service to the general public in accordance with a plan developed by the Department of Administrative and Financial Services, Bureau of Information Services and the Department of Labor, Bureau of Rehabilitation Services. [PL 2021, c. 348, §55 (AMD).]

2. Other facilities serving the public. If public telephones are provided in a public facility, it is the responsibility of the owner or manager of the public facility to provide equal access by providing at least one telecommunication device for persons who are hard of hearing or speech impaired in the public facility. [PL 2021, c. 348, §55 (AMD).]

3. Public facilities. For the purposes of this section, the following kinds of facilities shall be considered public facilities: A. Airport terminals serving scheduled flights; [PL 1987, c. 503, §1 (NEW).] B. Bus and train depots; and [PL 1987, c. 503, §1 (NEW).] C. Hospitals. [PL 1987, c. 503, §1 (NEW).] [PL 1987, c. 503, §1 (NEW).]

4. Notice. A sign noting the availability and location of the telecommunication device for persons who are hard of hearing or speech impaired must be posted by the owner of the facility in a conspicuous location within each public facility covered by this section. [PL 2021, c. 348, §55 (AMD).]

5. Devices. The requirements of this section may be satisfied by installation of telecommunications devices for the deaf as defined in section 8702, subsection 6 , or other devices approved by the Department of Labor, Bureau of Rehabilitation Services, Division for the Deaf, Hard of Hearing and Late Deafened. [PL 2009, c. 174, §25 (AMD).]

6. Relief. A violation of this section is unlawful public accommodations discrimination under Title 5, section 4592 , and any person aggrieved may assert that person's rights pursuant to Title 5, chapter 337 . [PL 1989, c. 671 (NEW).]
35-A M.R.S. § 4352 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4352
35-A §4352. Definitions
Status: in_force

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

1. Closing. "Closing" means the time at which a nuclear power plant ceases to generate electricity and is retired from active service. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Decommissioning. "Decommissioning" means the series of activities undertaken beginning at the time of closing of a nuclear power plant to ensure that the final disposition of the site or any radioactive components or material, but not including spent fuel, associated with the plant is accomplished safely, in compliance with all applicable state and federal laws. Decommissioning includes activities undertaken to prepare a nuclear power plant for final disposition, to monitor and maintain it after closing and to effect final disposition of any radioactive components of the nuclear power plant. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Decommissioning expenses. "Decommissioning expenses" means the following: A. All reasonable costs and expenses of removing a nuclear power plant from service, including, without limitation, dismantling, mothballing, removing radioactive waste material except spent fuel to temporary or permanent storage sites, decontaminating, restoring and supervising the site, and any costs and expenses incurred in connection with proceedings before governmental regulatory authorities relating to the authorization to decommission the plant; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. All costs of labor and services, including services of inspectors, supervisors, surveyors, engineers, counsel and accountants, performed in connection with the decommissioning of the plant, and all costs of materials, supplies, machinery, construction equipment and apparatus acquired for or in connection with the decommissioning of the plant. It is understood that any amount, exclusive of proceeds of insurance, realized by a licensee as salvage on or resale of any machinery, construction equipment and apparatus, the cost of which was charged as a decommissioning expense, must be treated as a deduction from the amounts otherwise payable on account of the cost of decommissioning of the plant; and [PL 2021, c. 676, Pt. A, §50 (AMD).] C. All overhead costs applicable to the plant during its decommissioning period, including, but not limited to, taxes, other than taxes on or in respect of income; licenses; excises and assessments; casualties; surety bond premiums and insurance premiums. [PL 1987, c. 141, Pt. A, §6 (NEW).] Without limiting the generality of this subsection, amounts expended or to be paid with respect to decommissioning a nuclear power plant shall constitute part of the decommissioning expenses if they are, or when paid will be, either properly chargeable to any account related to decommissioning of a nuclear power plant in accordance with the systems of accounts then applicable to the licensee, or properly chargeable to decommissioning of a nuclear power plant in accordance with then applicable regulations of the United States Nuclear Regulatory Commission, Federal Energy Regulatory Commission or any other regulatory agency having jurisdiction. [PL 2021, c. 676, Pt. A, §50 (AMD).]

4. Decommissioning financing plan. "Decommissioning financing plan" means the plan approved by the commission under section 4353 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Decommissioning fund committee. "Decommissioning fund committee" means a committee established to have overall responsibility, as described in section 4354 , for a decommissioning trust fund. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Decommissioning trust fund or fund. "Decommissioning trust fund" or "fund" means a trust fund set up as prescribed in sections 4353 and 4355 to hold money for the eventual purpose of paying decommissioning expenses. [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Escrow account. "Escrow account" means an account established under commission rules to hold funds collected under an interim decommissioning financing plan promulgated under section 4353, subsection 5 , until a decommissioning trust fund is established or to hold funds for other temporary purposes under this subchapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Licensee. "Licensee" means the holder of the operating permit from the United States Nuclear Regulatory Commission for a nuclear power plant. [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Nuclear power plant or plant. "Nuclear power plant" or "plant" means a nuclear fission thermal power plant situated in this State. [PL 1987, c. 141, Pt. A, §6 (NEW).]

10. Owner. "Owner" means any transmission and distribution utility that owns any portion of a nuclear power plant, whether directly or through ownership of stock in a company that owns any portion of a nuclear power plant or through membership in a holding company that owns any portion of a nuclear power plant or through other means. [PL 1999, c. 398, Pt. A, §97 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

11. Premature closing. "Premature closing" means the closing of a nuclear power plant before the projected date of decommissioning, as projected in the decommissioning financing plan under section 4353 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

12. Prompt removal and dismantlement. "Prompt removal and dismantlement" means to immediately remove radioactive or radioactively contaminated material down to allowable residual levels which permit release of the property for unrestricted access. [PL 1987, c. 141, Pt. A, §6 (NEW).]

13. Trustee. "Trustee" means a bank or trust company qualified to act as a fiduciary in this State. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 902 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 902
35-A §902. Commission authorization required
Status: in_force

1. Order authorizing issuance. No public utility may make an issuance as described in section 901 , except as provided in section 906 , unless it has made a written application, setting forth information the commission may require and has secured from the commission an order authorizing the issue and the amount of the issue and stating that in the opinion of the commission the proceeds of the issuance of the stocks, bonds, notes or other evidences of indebtedness are required in good faith for purposes enumerated in section 901 . [RR 2009, c. 2, §99 (COR).]

2. Matters which may be considered. In determining whether to grant its authorization, the commission may consider the reasonableness of the purpose or purposes for which the proceeds of the issue will be applied, other resources which the utility has available or may have available for those purposes, the justness and reasonableness of the estimated cost to the utility of the issue and the effect of the issue upon the utility's capital structure. The commission's decision shall be in writing and shall contain findings setting forth the reasons for the decision. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Procedure upon application. For the purpose of enabling the commission to determine whether it shall issue an order in accordance with subsection 1 , the commission shall make such inquiries for investigation, hold such hearings and examine such witnesses, books, papers, documents or contracts as it determines important in enabling it to reach a determination. The commission may determine whether and in what manner notice of the application shall be given and whether a hearing should be held. In view of the public interest in the prompt resolution of questions affecting the issuance of securities by public utilities, in cases in which a hearing is held or the application is contested, the commission shall issue its final order within 60 days of the filing of the application or 30 days of the close of hearing on the application, whichever first occurs, unless the commission makes an affirmative determination that additional time is necessary for a proper resolution of issues concerning the application and, notwithstanding any other provisions of law, shall establish such accelerated notice periods, schedules and limitations on hearings as may be necessary in furtherance of the resolution of those issues. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Approval of issuance not to affect rate-making powers. No order of the commission authorizing the issue of stocks, bonds, notes or other evidences of indebtedness may 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).]
35-A M.R.S. § 7101-B — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7101-B
35-A §7101-B. Access rates
Status: in_force

1. Definitions. As used in this section, the term "intrastate access rates" means rates that a telecommunications service provider pays for access to a local exchange carrier's facilities and services in order to provide intrastate interexchange service. [PL 1997, c. 259, §1 (NEW).]

2. Access rates. [PL 2017, c. 73, §2 (RP).]

3. Consumer rates. [PL 2017, c. 73, §3 (RP).]

4. Access rates. The commission shall ensure that intrastate access rates are just and reasonable and consistent with federal 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 2017, c. 73, §4 (NEW).]
35-A M.R.S. § 709 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 709
35-A §709. Insider transactions
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Insider" means any officer or employee who participates or has authority to participate in major policy-making functions of a public utility or of an affiliated interest, as defined in section 707 , or any director or trustee of a public utility or of an affiliated interest. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. "Insider transaction" means any dealings which affect, directly or indirectly, any accounting entry as prescribed pursuant to section 501 between a public utility and: (1) An insider of the public utility; (2) A person related to an insider of the public utility; (3) Any other person where the transaction is made in contemplation of the person becoming an insider of the public utility; or (4) Any other person where the transaction inures to the tangible economic benefit of an insider or a person related to an insider. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. "Person" means a corporation, partnership, limited partnership, business association, trust, estate or natural person. [PL 1987, c. 141, Pt. A, §6 (NEW).] D. "Person related to an insider" means: (1) An insider's spouse; (2) An insider's parent or stepparent, or child or stepchild; or (3) Any other relative who lives in an insider's home. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Approval and disclosure of insider transactions. An insider transaction shall be specifically reviewed and approved by the public utility's board of directors or trustees, provided that when an insider transaction is part of a series of related transactions involving the same insider, approval of each separate transaction is not required so long as the public utility's board of directors or trustees has reviewed and approved each series of related transactions and the terms and conditions under which the transactions may take place. The minutes of the meeting at which approval is given shall indicate the nature of the transaction or transactions, that the review was undertaken and approval given and the names of individual directors or trustees who voted to approve or disapprove the transaction or transactions. In the case of negative votes, a brief statement of each dissenting director's or trustee's reason for voting to disapprove the proposed insider transaction or transactions shall be included in the minutes if its inclusion is requested by the dissenting director or trustee. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Information pertaining to insider transactions. Each public utility shall submit to the commission with its annual report a record of insider transactions requiring review and approval under subsection 2 . Each public utility shall make readily available to the commission, upon request, all documents and other materials relied upon by the board in approving each insider transaction, including the name of the insider, the insider's positions or relationship that causes the person to be considered an insider, the date on which the transaction was approved by the board, the type of insider transaction and the relevant terms of the transaction, any other pertinent facts which serve to explain or support the basis for the board's decision and any statements submitted for the minutes or the file by directors or trustees who voted not to approve the transaction setting forth their reasons for the vote. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Discovery of insider relationship. When a public utility becomes aware of the existence of an insider relationship after entering into a transaction for which approval would have been required under subsection 2 , the public utility shall promptly report that transaction in writing to the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Knowledge of proposed insider transaction. Any insider, having knowledge of an insider transaction between the public utility and that insider, a person related to that insider or any other person where the transaction inures to the tangible economic benefit of that insider or person related to that insider, shall give timely notice of the transaction to the public utility's board of directors or trustees. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Civil violation; forfeiture. [PL 2003, c. 505, §18 (RP).]
35-A M.R.S. § 10209 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10209
35-A §10209. Construction; home rule
Status: in_force

Nothing in this chapter may be construed to limit the home rule authority of a municipality. [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 7201 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7201
35-A §7201. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 623, Pt. A, §18 (NEW).]

1. Access to directory assistance. "Access to directory assistance" means access to a service that includes, but is not limited to, making available to customers, upon request, information contained in directory listings. [PL 2011, c. 623, Pt. A, §18 (NEW).]

2. Access to emergency services. "Access to emergency services" means access to emergency services, as defined in Title 25, section 2921, subsection 5 , through 9-1-1 service, as defined in Title 25, section 2921, subsection 6 , to the extent a local government in the service area of a provider of last resort service provides 9-1-1 services. [PL 2025, c. 167, §47 (AMD).]

3. Access to interexchange service. "Access to interexchange service" means the use of the wireline loop, as well as that portion of the switch that is paid for by the end user, or the functional equivalent of these network elements in the case of a wireless carrier, necessary to access an interexchange carrier's network. [PL 2011, c. 623, Pt. A, §18 (NEW).]

4. Access to operator services. "Access to operator services" means access to any automatic or live assistance by a consumer to arrange for billing for or completion of a telephone call or both. [PL 2011, c. 623, Pt. A, §18 (NEW).]

5. Dual-tone multifrequency signaling. "Dual-tone multifrequency signaling" means a method of signaling that facilitates the transportation of signaling through a network, shortening call set-up time. [PL 2011, c. 623, Pt. A, §18 (NEW).]

6. Local usage. "Local usage" means an amount of minutes of use of exchange service within a certain area, prescribed by the commission, provided for a flat rate to end users. [PL 2011, c. 623, Pt. A, §18 (NEW).]

7. Provider of last resort service. "Provider of last resort service" means a flat-rate service with voice grade access to the public switched telephone network; local usage within the basic service calling areas of incumbent local exchange carriers as of January 1, 2012; dual-tone multifrequency signaling or its functional equivalent; single-party service or its functional equivalent; access to emergency services; access to operator services; access to interexchange service; access to directory assistance; toll limitation for qualifying low-income customers; and 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. [PL 2011, c. 623, Pt. A, §18 (NEW).]

8. Service provider. "Service provider" means an entity designated as a provider of provider of last resort service under this chapter. [PL 2011, c. 623, Pt. A, §18 (NEW).]

9. Single-party service. "Single-party service" means telecommunications service that permits users to have exclusive use of a wireline subscriber loop or access line for each call placed or, in the case of wireless telecommunications carriers that use spectrum shared among users to provide service, a dedicated message path for the length of a user's particular transmission. [PL 2011, c. 623, Pt. A, §18 (NEW).]

10. Toll limitation for qualifying low-income customers. "Toll limitation for qualifying low-income customers" means a service provided to customers of provider of last resort service that meet income qualifications established by the commission by rule that allows those customers: A. To elect not to allow the completion of outgoing toll calls; or [PL 2011, c. 623, Pt. A, §18 (NEW).] B. To limit the amount of toll usage that the customer may incur. [PL 2011, c. 623, Pt. A, §18 (NEW).] With respect to a service provider that has the capacity to allow customers both options described in paragraphs A and B , "toll limitation for qualifying low-income customers" means a service that offers both options to those customers. With respect to a service provider that does not have the capacity to allow customers both options, "toll limitation for qualifying low-income customers" means a service that offers one of the options to those customers. [PL 2011, c. 623, Pt. A, §18 (NEW).]

11. Voice grade access. "Voice grade access" means a functionality that offers a minimum bandwidth range of 300 to 3,000 hertz that enables a user of telecommunications services to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call. [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 4709 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4709
35-A §4709. Natural gas unbundling
Status: in_force

1. Commission rulemaking. In order to foster the unbundling of natural gas services and the development of a competitive natural gas supply market in the State, the commission shall consider the need for and may adopt rules in the following areas: A. The need to license gas marketers; [PL 1999, c. 143, §3 (NEW).] B. The need for a code of conduct governing the relationship between a gas utility and an affiliated gas marketer to prevent the affiliated gas marketer's exercise of market power and to ensure fair competition among all gas marketers; [PL 1999, c. 143, §3 (NEW).] C. The need for regulations to protect consumers from abusive practices by gas marketers; and [PL 1999, c. 143, §3 (NEW).] D. Any other subject of natural gas unbundling that requires additional regulation. [PL 1999, c. 143, §3 (NEW).] [PL 1999, c. 143, §3 (NEW).]

2. Major substantive rules. Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 143, §3 (NEW).]
35-A M.R.S. § 6107 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6107
35-A §6107. System development charge
Status: in_force

1. System development charge authorized. In addition to section 6105 , the governing body of a consumer-owned water utility may establish and file, pursuant to section 310 or 6104 , a system development charge which is just and reasonable to provide funds to finance capital outlays for water system expansion caused by an increase in demand for service. [PL 1987, c. 490, Pt. B, §16 (AMD).]

2. Commission review. If a consumer-owned water utility elects to institute a system development charge, it shall file the proposed charge and a description of the basis of the charge with the commission not less than 90 days before the effective date of the charge. The commission shall investigate the system development charge under section 1303 to determine whether it is just and reasonable. [PL 1987, c. 490, Pt. B, §16 (AMD).]

3. Use of funds. The funds generated by the system development charge must be deposited into a special account of the consumer-owned water utility dedicated to finance capital outlays for water system expansion caused by an increase in demand for service. The funds from the special account may be used only for the purpose of financing the expansion of the system and may not be used for the repair or replacement of existing facilities unless the replacement is required as a result of increased demand for service. The system development charge may not be treated as income of the consumer-owned water utility nor may it be considered part of the rates established and provided to the commission pursuant to section 6105 . [PL 2013, c. 573, §3 (AMD).]

4. Assessment of charge. The system development charge may be assessed upon all customers of the consumer-owned water utility that require new connections to the water system, excluding fire service, as of or after the effective date of that charge and upon all existing customers who substantially expand their demand for water service as of or after the effective date of that charge. [PL 1987, c. 490, Pt. B, §16 (AMD).]

5. Water conservation programs. Before a system development charge may be instituted, the consumer-owned water utility must report to the commission its efforts in implementing water conservation programs. The utility shall state what combination of system development charges and new conservation programs will allow the utility to meet growing demand in the least costly manner. [PL 1987, c. 490, Pt. B, §16 (AMD).]

6. Review by elected local officials. If the governing body is not an elected body, any system development charge proposed under this section 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).]
35-A M.R.S. § 4172 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4172
35-A §4172. State services
Status: in_force

All offices, departments, boards, agencies, divisions and commissions of the State may render any services to the agency as may be within the area of their respective governmental functions as fixed or established by law and as may be requested by the agency shall, at the request of the officer, department, board, agency, division or commission rendering the services, be met and provided for by the agency. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1101 — ME Code / Title 35-A / Part 1 / Chapter 11 / Section 1101
35-A §1101. Authorization required
Status: in_force

1. Utilities to secure authorization from the commission. A public utility must secure an order of authorization from the commission before it may: A. Sell, lease, assign, mortgage or otherwise dispose of or encumber the whole or part of its property that is necessary or useful in the performance of its duties to the public, or any part of its property under construction for the performance of its duties to the public, or its franchises, permits or rights under them; [PL 1987, c. 490, Pt. B, §1 (AMD).] B. Merge or consolidate its property, franchise or permits, or a part of them, with another public utility by any means, direct or indirect. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 490, Pt. B, §1 (AMD).]

2. Failure to secure commission authorization. Every sale, lease, assignment, mortgage, disposition, encumbrance, merger or consolidation made other than in accordance with the order of the commission authorizing it is void. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Utilities exclusively outside the State. Nothing in this section applies to property, franchises, permits or rights of a utility owned and operated exclusively outside the State, unless the property, franchise, permits or rights are owned, operated or under construction with respect to the performance of the utility's duties to the public inside this State. [PL 1987, c. 490, Pt. B, §2 (AMD).]

4. Exempt transactions. Transactions involving utility property that do not materially affect the ability of a utility to perform its duties to the public do not require commission authorization under this section. The commission may certify transactions as not requiring authorization, either by rule or order. [PL 1995, c. 357, §1 (NEW).]
35-A M.R.S. § 3206-A — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3206-A
35-A §3206-A. Marketing; investor-owned utilities; penalties
Status: in_force

1. Penalties. The commission shall require an investor-owned transmission and distribution utility to divest an affiliated competitive provider if the commission determines in an adjudicatory proceeding that: A. The distribution utility or an affiliated competitive provider has knowingly violated section 3205 or section 3206 or any rule adopted by the commission pursuant to those sections; and [PL 1999, c. 398, Pt. G, §4 (NEW).] B. The violation resulted or had the potential to result in substantial injury to retail consumers of electric energy or to the competitive retail market for electric energy. [PL 1999, c. 398, Pt. G, §4 (NEW).] The commission may impose administrative penalties of up to $143,000 for a violation of section 3205 or section 3206 or any rule adopted by the commission pursuant to those sections. Each day of a violation constitutes a separate offense. In addition, the commission may require disgorgement of profits or revenues realized as a result of a violation of section 3205 or section 3206 or any rule adopted by the commission pursuant to those sections. [PL 2021, c. 318, §12 (AMD).]

2. Prohibition; divestiture. If, after the effective date of this section, 10% or more of the stock of an investor-owned transmission and distribution utility is purchased by an entity: A. The purchasing entity and any related entity may not sell or offer for sale generation service to any retail consumer of electric energy in this State; and [PL 1999, c. 398, Pt. G, §4 (NEW).] B. If, in an adjudicatory proceeding, the commission determines that an affiliated competitive provider obtains an unfair market advantage as a result of the purchase, the commission shall order the investor-owned transmission and distribution utility to divest the affiliated competitive provider. [PL 1999, c. 398, Pt. G, §4 (NEW).] If the commission orders a divestiture pursuant to this subsection, the distribution utility must complete the divestiture within 12 months of the order to divest, unless the commission grants an extension. Upon application by the distribution utility, the commission may grant an extension for the purpose of permitting the utility to complete a divestiture that has been initiated in good faith but not finalized within the 12-month period. The commission shall oversee and approve a divestiture in accordance with rules adopted pursuant to section 3204, subsection 4 . [PL 2023, c. 405, Pt. A, §126 (AMD).]

3. Effect of divestiture. If the commission orders an investor-owned transmission and distribution utility to divest an affiliated competitive provider pursuant to this section, the investor-owned transmission and distribution utility may not have an affiliated interest in a competitive electricity provider after the divestiture. [PL 1999, c. 398, Pt. G, §4 (NEW).]

As used in this section, the term "affiliated competitive provider" means a competitive electricity provider whose relationship with an investor-owned transmission and distribution utility qualifies it as an affiliated interest. [PL 1999, c. 398, Pt. G, §4 (NEW).]
35-A M.R.S. § 3202 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3202
35-A §3202. Retail access; deregulation
Status: in_force

1. Right to purchase generation. Beginning on March 1, 2000, all consumers of electricity have the right to purchase generation services directly from competitive electricity providers, except as provided in subsection 7 . [PL 2007, c. 481, §1 (AMD).]

2. Deregulation of generation services. Except as otherwise provided in this chapter, competitive electricity providers are not subject to regulation under this Title on or after March 1, 2000. [PL 1997, c. 316, §3 (NEW).]

3. Aggregation permitted; limitation. When retail access begins, consumers of electricity may aggregate their purchases of generation service in any manner they choose. If a public entity serves as an aggregator, it may not require consumers of electricity within its jurisdiction to purchase generation service from that entity. [PL 1997, c. 316, §3 (NEW).]

4. Electric billing and metering services. The commission by rule may provide for competition in the provision of electric billing and metering services. The commission in its rules shall establish terms and conditions for such competition including which services are subject to competition and which customers will receive competitive services. If the commission provides for competition for any billing or metering services, the commission shall: A. Establish in its rules minimum standards necessary to protect consumers of such services and codes of conduct governing the relationship among transmission and distribution utilities providing such services, any affiliates of transmission and distribution utilities providing such services and providers of such services that are not affiliated with a transmission and distribution utility; and [PL 1999, c. 601, §1 (NEW).] B. Determine each transmission and distribution utility's costs of providing such services as reflected in consumer rates, including capital costs, depreciation, operating expenses and taxes, and shall separate this portion of the consumer rate into a separate charge. [PL 1999, c. 601, §1 (NEW).] Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 601, §1 (RPR).]

5. International transmission contracts. Notwithstanding section 3204 , transmission and distribution utilities, including consumer-owned utilities, that operate or manage a portion of the grid connected to the New England grid by transmission lines that pass through Canada may enter into commercially reasonable contracts with Canadian electric utilities for the purchase of back-up services, tie-line interruption services, ancillary services, transmission services or any other service that promotes effective retail electric competition in northern Maine. The transmission and distribution utilities shall make all such contract services available to competitive electricity providers at cost, on an equitable basis. Commission approval of such contracts is not required. Nothing in this subsection exempts from commission jurisdiction utility operations or activities undertaken pursuant to such contracts. [PL 1999, c. 398, Pt. B, §1 (NEW).]

6. Exception. Notwithstanding any other provision of this chapter, an electric utility whose system is not physically connected to any transmission and distribution utility is exempt from this chapter. The commission shall ensure that such an electric utility's rates, including consideration of generation-related costs, are just and reasonable. [PL 1999, c. 398, Pt. E, §1 (NEW).]

7. Exception; load aggregation by consumer-owned utilities. The commission may authorize a consumer-owned transmission and distribution utility to aggregate its load for the purpose of purchasing generation services on behalf of its customers. The commission shall adopt rules to implement the provisions of this subsection. The rules must specify the process and requirements for a consumer-owned transmission and distribution utility to obtain approval under this subsection and allowable exceptions under which customers of consumer-owned transmission and distribution utilities that have received such approval may continue to purchase generation services directly from competitive electricity providers. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 481, §2 (NEW).]

8. Separate charges. A person who provides electric billing and metering services shall issue bills that clearly separate the charges for generation services and the charges for transmission and distribution services if charges for both types of services appear on the same bill. [PL 2013, c. 116, §1 (NEW).]