35-A M.R.S. § 3755 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3755
35-A §3755. Dissolution generally
Status: in_force

1. When a cooperative has not commenced business. A cooperative which has not commenced business may be dissolved by delivery to the Secretary of State articles of dissolution which shall be executed and acknowledged on behalf of the cooperative by a majority of the incorporators and which 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. That the cooperative has not commenced business; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. That any sums received by the cooperative, less any part disbursed for expenses of the cooperative, have been returned or paid to those entitled to them; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. That no debt of the cooperative is unpaid; and [PL 1987, c. 141, Pt. A, §6 (NEW).] F. That a majority of the incorporators elect that the cooperative is dissolved. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. When cooperative has commenced business. A cooperative which has commenced business may be dissolved in the following manner. A. The members at any meeting shall approve, by the affirmative vote of not less than 2/3 of those members voting on the proposal at the meeting, a proposal that the cooperative be dissolved. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Upon such approval, a certificate of election to dissolve, executed and acknowledged on behalf of the cooperative by its president or vice-president under its seal, attested by its secretary and stating the name of the cooperative; the address of its principal office; and that the members of the cooperative have duly voted that the cooperative be dissolved, shall, together with an affidavit made by its president or vice-president executing the certificate, stating that the statements in the certificate are true, be submitted to the Secretary of State for filing. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Upon the filing of the certificate and affidavit by the Secretary of State, the cooperative shall cease to carry on its business, except to the extent necessary for the winding up of its business, but its corporate existence shall continue until articles of dissolution have been filed by the Secretary of State. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Notice to creditors. The board of trustees shall immediately cause notice of the dissolution proceedings to be mailed to each known creditor of and claimant against the cooperative and to be published once a week for 2 successive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Actions against the cooperative. All actions against the cooperative shall be commenced within one year from the date of filing the certificate of election to dissolve. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Winding up cooperative affairs. The board of trustees shall wind up and settle the affairs of the cooperative, collect sums owing to it, liquidate its property and assets, pay and discharge its debts, obligations and liabilities and perform all other acts required to wind up its business. After paying or discharging or adequately providing for the payment or discharge of all its debts, obligations and liabilities, the board of trustees shall, after one year from the date of filing the certificate to dissolve, distribute any remaining sums among its members and former members in proportion to the patronage of the respective members or former members during the 7 years next preceding the date of the filing of the certificate by the Secretary of State, or if the cooperative has not been in existence for that period, then during the period of its existence prior to the filing. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Articles of dissolution when a cooperative has commenced business. The board of trustees shall, upon the winding up of the cooperative, authorize the execution of articles of dissolution, which shall be executed and acknowledged on behalf of the cooperative by its president or vice-president, and its seal shall be affixed to the articles and attested by its secretary. The president or vice-president executing the articles of dissolution shall make and attach to the articles an affidavit stating that the statements made in them are true. The articles of dissolution 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 date on which the certificate of election to dissolve was filed by the Secretary of State; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. That there are no actions or suits pending against the cooperative; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made for their payment or discharge; and [PL 1987, c. 141, Pt. A, §6 (NEW).] F. That this section has been complied with. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1707 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1707
35-A §1707. Expenses of the Public Advocate
Status: in_force

The Public Advocate, within established budgetary limits and as allowed by law, shall authorize and approve travel, subsistence and related necessary expenses of the Public Advocate or members of the staff of the Public Advocate, incurred while traveling on official business. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 903 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 903
35-A §903. Stocks sold at less than par value
Status: in_force

Every order authorizing the issue of stock shall, if it authorizes sale at less than par value, specify a minimum price at which the shares are to be sold. Any shares of stock, issued in accordance with such an order, shall be fully paid stock and not liable to any further call or payment, even though it may have been authorized for sale at less than its par value. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3474 — ME Code / Title 35-A / Part 3 / Chapter 34-B / Section 3474
35-A §3474. Determination of public policy; state solar energy generation goals
Status: in_force

1. Encouragement of solar energy-related development. It is the policy of the State in furtherance of the goals established in subsection 2 to encourage the attraction of appropriately sited development related to solar energy generation, including any additional transmission, distribution and other energy infrastructure needed to transport additional solar energy to market, consistent with all state environmental standards; the permitting and financing of solar energy projects; appropriate utility rate structures; and the siting, permitting, financing and construction of solar energy research and manufacturing facilities for the benefit of all ratepayers. [PL 2013, c. 562, §1 (NEW).]

2. State solar energy generation goals. When encouraging the development of solar energy generation, the State shall pursue cost-effective developments, policies and programs that advance the following goals: A. Ensuring that solar electricity generation, along with electricity generation from other renewable energy technologies, meaningfully contributes to the generation capacity of the State through increasing private investment in solar capacity in the State; [PL 2013, c. 562, §1 (NEW).] B. Ensuring that the production of thermal energy from solar technologies meaningfully contributes to reducing the State's dependence on imported energy sources; [PL 2013, c. 562, §1 (NEW).] C. Ensuring that the production of electricity from solar energy meaningfully contributes to mitigating more costly transmission and distribution investments otherwise needed for system reliability; [PL 2013, c. 562, §1 (NEW).] D. Ensuring that solar energy provides energy that benefits all ratepayers regardless of income level; [PL 2013, c. 562, §1 (NEW).] E. Increasing the number of businesses and residences using solar technology as an energy resource; and [PL 2013, c. 562, §1 (NEW).] F. Increasing the State's workforce engaged in the manufacturing and installation of solar technology. [PL 2013, c. 562, §1 (NEW).] [PL 2013, c. 562, §1 (NEW).]

3. Interconnection rules. The commission shall adopt rules related to the interconnection of renewable capacity resources, as defined in section 3210‑C, subsection 1, paragraph E , using solar power, referred to in this subsection as "solar resources," and energy storage systems, as defined in section 3481, subsection 6 , whether or not colocated with solar resources, to investor-owned transmission and distribution utilities, as defined in section 3201, subsection 11‑A , in a manner that supports the goals in this section and ensures: A. The State's interconnection rules reflect nationally recognized best practices, which may include, but are not limited to, those established by the Interstate Renewable Energy Council, or successor organization, and prioritize interconnection of solar resources and energy storage systems owned by customers of investor-owned transmission and distribution utilities and used to serve an on-site load; [PL 2023, c. 307, §5 (AMD).] B. Customers affected by deficiencies in the rules are able to access timely resolution processes that do not place an undue burden on the customer; and [PL 2021, c. 264, §1 (NEW).] C. Investments in investor-owned transmission and distribution utility distribution upgrades related to load are coordinated with utility infrastructure upgrades required for the interconnection of renewable capacity resources using solar power and energy storage systems. [PL 2023, c. 307, §5 (AMD).] Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 307, §5 (AMD).]

4. Interconnection ombudsman; fund. The interconnection ombudsman appointed pursuant to section 107, subsection 1 shall assist persons seeking interconnections governed by rules adopted under subsection 3 . The commission shall appoint an interconnection ombudsman who possesses technical expertise related to interconnection and interconnection procedures. A. The duties of the interconnection ombudsman include but are not limited to: (1) Tracking interconnection disputes; (2) Facilitating the efficient and fair resolution of disputes between customers seeking to interconnect and investor-owned transmission and distribution utilities; (3) Reviewing investor-owned transmission and distribution utility interconnection policies to assess opportunities for reducing interconnection disputes; (4) Convening stakeholder groups as necessary to facilitate effective communication between interconnection stakeholders; (5) Preparing reports that detail the number, type, resolution timeline and outcome of interconnection disputes; and (6) Any other technical or regulatory work involving public utilities. [PL 2023, c. 643, Pt. WWW, §1 (AMD).] B. The commission by rule shall establish a fee to be paid by persons seeking interconnections to fund the interconnection ombudsman. Notwithstanding Title 5, section 8071 , rules adopted under this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 307, §6 (NEW).] C. The interconnection ombudsman fund is established within the commission as a nonlapsing fund for the purposes of offsetting costs for interconnection‑related activities undertaken by the interconnection ombudsman. The commission shall deposit all fees collected under this subsection into the fund and all money in the fund must be used to fund the interconnection ombudsman. In addition to the fees established in accordance with this subsection, the fund may accept federal money and contributions from private and public sources. [PL 2023, c. 643, Pt. WWW, §1 (AMD).] Any activities undertaken by the interconnection ombudsman pursuant to paragraph A , subparagraph (6) must be funded in accordance with section 116 . [PL 2023, c. 643, Pt. WWW, §1 (AMD).]
35-A M.R.S. § 3302 — ME Code / Title 35-A / Part 3 / Chapter 33 / Section 3302
35-A §3302. Purpose
Status: in_force

The Legislature finds that it is in the best interest of the State to reduce the State's dependence upon fossil fuels for its energy needs. It is necessary to diversify energy producing systems and energy sources to ensure an adequate and reliable supply of energy for Maine citizens. The Legislature further finds that the development of small energy production facilities using renewable resources and cogeneration facilities will have a significant and beneficial effect upon this State. The Legislature further finds that the replacement of fossil fuels by municipal solid waste reduces dependence upon fossil fuels, diversifies energy sources, reduces municipal costs and reduces the negative environmental effects of solid waste disposal. [PL 1987, c. 141, Pt. A, §6 (NEW).]

The Legislature intends through this legislation to: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Encourage development. Encourage the development of energy producing systems using renewable resources, particularly abundant, indigenous, renewable resources or resources in close proximity to Maine; [PL 2001, c. 76, §1 (AMD).]

2. Promote existing use. Promote the more efficient use of existing energy systems particularly, through the cogeneration of power; and [PL 2001, c. 76, §1 (AMD).]

3. Meet goals. Require, whenever the interests of competition, consumers of electricity and economic development in this State are not adversely affected, that the commission ensure that the goals of this section will be met following the restructuring of the electric utility industry by: A. Proposing market rules and transmission pricing policies and practices at the regional and federal levels that encourage the generation and sale of electricity from the State's renewable power producers and cogenerators; [PL 2001, c. 76, §2 (NEW).] B. Opposing market rules and proposed transmission pricing policies and practices that place the State's renewable power producers and cogenerators at a competitive disadvantage compared with nonrenewable power generators; and [PL 2001, c. 76, §2 (NEW).] C. Implementing the State's electric industry restructuring laws and other provisions of this Title in a manner that promotes generation of electricity from the State's indigenous renewable resources and cogeneration. [PL 2001, c. 76, §2 (NEW).] [PL 2001, c. 76, §2 (NEW).]
35-A M.R.S. § 4132 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4132
35-A §4132. General powers and duties
Status: in_force

The agency has all the powers necessary or convenient to carry out this chapter, including, without limitation, those general powers provided a business corporation by the Maine Business Corporation Act, Title 13‑C , and including, without limiting the generality of this paragraph, the power: [RR 2001, c. 2, Pt. B, §56 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

1. Acceptance, grants or gifts. To accept gifts or grants of property, funds, money, materials, labor, supplies or services from the United States or from any person, and to carry out the terms or provisions or make agreements with respect to any gifts or grants, and to do any acts necessary, useful, desirable or convenient in connection with procuring acceptance or disposition of gifts or grants; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Acquisition. To acquire by purchase, lease, gift or otherwise, or to obtain options for the acquisition of any property, real or personal, improved or unimproved, tangible or intangible, including an interest in land of less than the fee; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Disposal of real or personal property. To sell, lease, mortgage, exchange, transfer or otherwise dispose of any real or personal property or interest in it, or to grant options for any of those purposes; [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Assignment of revenues. To pledge or assign any money, fees, charges or other revenues of the agency and any proceeds derived by the agency from the sale of property, or from insurance or condemnation awards; [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Authorization. To perform any act authorized by this chapter through its officers, agents or employees or by the contracts with any person, firm or corporation; [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Borrow funds. To borrow money and issue its notes and bonds as provided in this chapter; [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Purchase electricity. To purchase electricity and energy, including without limiting the generality of this section, all or a portion of the capacity and output of one or more specific projects; [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Sale of electricity. To sell electricity and other products and services of electric power facilities to any person inside or outside the State or the United States. Utilities may purchase electricity sold by the agency, provided that nothing in this chapter authorizes resale of electricity purchased from the agency, except as otherwise authorized by law. This subsection does not allow retail sales to consumers or commercial and industrial users, except as otherwise provided by law; [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Contracts. To contract for the use of transmission and distribution facilities owned by others for the delivery to the agency of electricity purchased by the agency and to purchasers of electric power and energy sold by the agency. These other owners may contract with the agency; [PL 1987, c. 141, Pt. A, §6 (NEW).]

10. Other contracts. To contract with respect to the purchase, sale, delivery, exchange, interchange, wheeling, pooling, transmission or use of electricity and to otherwise participate in intrastate, interstate and international arrangements with respect to those matters, including the New England power pool, except that this power may not be exercised so as to conflict with or diminish in any way the powers and obligations of the commission under this Title regarding planning and entering into agreements for the supply of electricity; [PL 1987, c. 141, Pt. A, §6 (NEW).]

11. Plan. Individually or jointly with any other person to plan, finance, acquire, construct, improve, purchase, operate, maintain, use, share costs of, own, lease, sell, dispose of or otherwise participate in projects or portions of projects, the product or service from them, securities or obligations issued or incurred in connection with the financing of them or research and development relating to them, inside or outside the State. The agency may also enter into and perform contracts with any person with respect to the powers set out in this subsection. If the agency acquires or owns an interest as a tenant in common with others in any projects, the surrender or waiver by the agency or by the other property owner of its right to partition the property for a period not exceeding the period for which the property is used or useful for utility purposes may not be invalid and unenforceable by reason of length of the period, or as unduly restricting the alienation of the property; [PL 1999, c. 398, Pt. A, §92 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

12. Apply for permits. To apply to the appropriate agencies of the State, other states, the United States, Canada, any of its provinces and any divisions, departments, agencies and instrumentalities of Canada, and to any other proper agency for permits, licenses, certificates or approvals which may be necessary, and to construct, maintain and operate projects in accordance with these licenses, permits, certificates or approvals; [PL 1987, c. 141, Pt. A, §6 (NEW).]

13. Application to expend assistance. To apply and contract for and to expend assistance from the United States or other sources, whether in form of a grant or loan or otherwise; [PL 1987, c. 141, Pt. A, §6 (NEW).]

14. Contract; administrative services. To contract for administrative services with any person; [PL 1987, c. 141, Pt. A, §6 (NEW).]

15. Execution. To make and execute all contracts and agreements and other instruments necessary or convenient in the exercise of the powers and functions of the agency under this chapter; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

16. Other powers and duties. To perform all acts necessary, convenient or desirable to carry out the purposes of this chapter or the powers expressly granted or necessarily implied in this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6507 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6507
35-A §6507. Appeals
Status: in_force

1. Aggrieved person may appeal within 30 days of report. A person aggrieved by the county commissioners' decision as to damages for property taken may appeal to the Superior Court in the county where the property is situated, within 30 days from the date the commissioners' report is made. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Complaint and notice of appeal. The appellant shall: A. Include in the complaint a statement setting forth substantially the facts of the case; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Give written notice of the appeal with a copy of the complaint to the opposite party. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Court to determine amount of damages. The court shall determine the amount of damages by a committee of reference if the parties agree or by a jury verdict. The court shall render judgment and issue execution. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Recovery of costs. The parties may recover costs as follows. A. If the owner appeals and the damage finally recovered is not more than the county commissioners' award, the taker shall recover costs from the time of appeal, otherwise the owner shall recover costs. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. If the taker appeals and the damage finally recovered is not less than the county commissioners' award, the owner shall recover costs from the time of appeal, otherwise the taker shall recover costs. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Additional review. An appeal may be taken to the Law Court as in other actions. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3208 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3208
35-A §3208. Stranded cost recovery
Status: in_force

1. Stranded costs defined. For the purposes of this section, the term "stranded costs" means a utility's legitimate, verifiable and unmitigable costs made unrecoverable as a result of the restructuring of the electric industry required by this chapter and determined by the commission as provided in this subsection. [PL 1997, c. 316, §3 (NEW).]

2. Calculation. For each electric utility, the commission shall determine the sum of the following to the extent they qualify as stranded costs pursuant to subsection 1 : A. The costs of a utility's regulatory assets related to generation; [PL 1997, c. 316, §3 (NEW).] B. The difference between net plant investment associated with a utility's generation assets and the market value of the generation assets; and [PL 1997, c. 316, §3 (NEW).] C. The difference between future contract payments and the market value of a utility's purchased power contracts. [PL 1997, c. 316, §3 (NEW).] When determining the market value of generation assets and purchased power contracts, the commission shall rely to the greatest extent possible on market information, including, but not limited to, market valuations that become known as generation assets and the rights to power under contracts with qualifying facilities are sold. [PL 1997, c. 316, §3 (NEW).]

3. Exclusions. Notwithstanding any other provision of this chapter, the commission may not include any costs for obligations incurred on or after April 1, 1995 in a utility's stranded costs, except that the commission may include: A. Regulatory assets created after April 1, 1995 and prior to March 1, 2000 for: (1) The amortization of costs associated with the restructuring of a qualifying facility contract; (2) Costs deferred pursuant to rate plans; or (3) Energy conservation costs; [PL 1997, c. 316, §3 (NEW).] B. Obligations incurred by a utility after April 1, 1995 and prior to March 1, 2000 that are beyond the control of the electric utility; and [PL 1997, c. 316, §3 (NEW).] C. Obligations incurred by an electric utility after April 1, 1995 to reduce potential stranded costs. [PL 1997, c. 316, §3 (NEW).] [PL 1997, c. 316, §3 (NEW).]

4. Mitigation. An electric utility shall pursue all reasonable means to reduce its potential stranded costs and to receive the highest possible value for generation assets and contracts, including the exploration of all reasonable and lawful opportunities to reduce the cost to ratepayers of contracts with qualifying facilities. The commission shall consider a utility's efforts to satisfy this requirement when determining the amount of a utility's stranded costs. [PL 1997, c. 316, §3 (NEW).]

5. Stranded costs recoverable. When retail access begins, the commission shall provide a transmission and distribution utility a reasonable opportunity to recover stranded costs through the rates of the transmission and distribution utility, as provided in this section. The opportunity must be comparable to the utility's opportunity to recover stranded costs before the implementation of retail access under this chapter. Nothing in this chapter may be construed to give a transmission and distribution utility a greater or lesser opportunity to recover stranded costs than existed prior to the implementation of retail access. The commission may reduce or increase the amount of stranded costs that the commission allows a utility to recover based on the efforts of the utility to mitigate its stranded costs. [PL 1997, c. 316, §3 (NEW).]

6. Determination of stranded costs charges. Before retail access begins, the commission shall estimate the stranded costs for each electric utility in the State. The commission shall use these estimates as the basis for a stranded costs charge to be charged by each transmission and distribution utility when retail access begins. In 2003 and every 3 years thereafter until the utility is no longer recovering adjustable stranded costs, the commission shall correct any substantial inaccuracies in the stranded costs estimates associated with adjustable stranded costs and adjust the stranded costs charges to reflect any such correction. The commission may correct adjustable stranded costs estimates and adjust the stranded costs charges at any other time. When correcting stranded costs estimates and adjusting stranded costs charges, the commission shall make any change effective only prospectively and may not reconcile past estimates to reflect actual values. For purposes of this subsection, "adjustable stranded costs" means stranded costs other than stranded costs associated with divested generation assets. [PL 1997, c. 316, §3 (NEW).]

7. Recovery of stranded costs. The commission shall set an amount of recoverable stranded costs after calculating the net aggregate value of all divested assets that had proceeds exceeding book costs against the aggregate value of all other stranded electricity generation assets. The commission may not shift cost recovery among customer classes in a manner inconsistent with existing law, as applicable. [PL 1997, c. 316, §3 (NEW).]

8. Proceedings. The commission shall conduct separate adjudicatory proceedings to determine the stranded costs for each investor-owned utility and each consumer-owned utility. In the same proceedings, the commission shall establish the revenue requirements for each transmission and distribution utility and stranded costs charges to be charged by each transmission and distribution utility when retail access begins. The proceedings must be completed by December 1, 1999. [PL 1999, c. 398, Pt. L, §1 (AMD).]
35-A M.R.S. § 3207 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3207
35-A §3207. Marketing; consumer-owned utilities
Status: in_force

1. Consumer-owned utilities; limitations. Consumer-owned transmission and distribution utilities: A. May sell retail generation service only within their respective service territories, and are authorized to purchase electric power and energy at wholesale, provided that the consumer-owned transmission and distribution utility complies with the requirements of section 3203, subsection 3 and section 3210, subsection 3 , and to purchase such transmission and related services as may be required to effect the delivery of such power and energy to their respective service territories; and [PL 2003, c. 141, §1 (AMD).] B. May not sell wholesale generation service except incidental sales necessary to reduce the cost of providing retail service. [PL 1997, c. 316, §3 (NEW).] [PL 2003, c. 141, §1 (AMD).]

1-A. Consumer-owned utilities in the northern Maine independent system administrator's area. Notwithstanding subsection 1 , a consumer-owned transmission and distribution utility with service territory within an area administered as of January 1, 2009 by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine: A. May sell retail generation service only within its service territory and is authorized to purchase electric power and energy at wholesale, as long as the consumer-owned transmission and distribution utility complies with the requirements of section 3203, subsection 3 and section 3210, subsection 3 , and to purchase such transmission and related services as may be required to effect the delivery of such power and energy to its service territory; and [PL 2009, c. 108, §1 (NEW).] B. May sell wholesale generation service in excess of its retail generation service as part of providing retail service in accordance with paragraph A . [PL 2009, c. 108, §1 (NEW).] [PL 2009, c. 108, §1 (NEW).]

2. Commission review of marketing within territory. Notwithstanding any other provision of this chapter, the commission by rule shall limit or prohibit sale of generation services by competitive providers within the service territory of a consumer-owned transmission and distribution utility if the commission determines that allowing such sales would cause the consumer-owned transmission and distribution utility to lose its tax-exempt status under federal or state law. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A [PL 1997, c. 316, §3 (NEW).]
35-A M.R.S. § 9211-A — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9211-A
35-A §9211-A. Municipal Gigabit Broadband Network Access Fund
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Applicant" means a municipality or group of municipalities that apply for a grant under this section. [PL 2021, c. 362, §3 (AMD).] B. [PL 2021, c. 362, §3 (RP).] C. "Fund" means the Municipal Gigabit Broadband Network Access Fund established in this section. [PL 2015, c. 323, §1 (NEW).] D. [PL 2021, c. 362, §3 (RP).] E. "Gigabit fiber-optic broadband network" means a network of fiber-optic cable capable of offering upload and download speeds of at least one gigabit per second. [PL 2021, c. 362, §3 (NEW).] F. "Open-access network" means an Internet network that is neutral and independent, is available to any Internet service provider based on standardized and transparent pricing and does not compete with Internet service providers to offer retail service of any kind. [PL 2021, c. 362, §3 (NEW).] G. "Symmetrical high-speed Internet" means retail Internet service that meets minimum standards defined by the authority, which, until 2025, must include at least 100 megabits per second upload and download speeds. Beginning in 2025, the standards must be defined annually by the authority and include upload and download speeds that are at least equal to or better than the minimum speeds available to residents of the majority of urban census blocks in the United States. [PL 2021, c. 362, §3 (NEW).] [PL 2021, c. 362, §3 (AMD).]

2. Fund established. The Municipal Gigabit Broadband Network Access Fund is established as a nonlapsing, revolving fund administered by the authority for the purposes of supporting the activities and projects of the authority under this section. All money in the fund must be continuously applied by the authority to carry out this section. The authority may receive and deposit in the fund funds from the following sources: A. Federal funds and awards that may be used for the purposes of this section; [PL 2015, c. 323, §1 (NEW).] B. The proceeds of bonds issued for the purposes of this section; and [PL 2015, c. 323, §1 (NEW).] C. Any other funds from public or private sources received in support of the purposes for which the fund is established. [PL 2015, c. 323, §1 (NEW).] [PL 2015, c. 323, §1 (NEW).]

3. Purpose of the fund. The fund is established to address the need in the State for access to broadband infrastructure that will enhance the State's competitiveness in national and international economies. Except as described in subsection 3‑A , to the extent funds are available, the fund must be used to provide grants to municipalities to support public-private partnerships to support a municipal gigabit fiber-optic broadband network in their regions with the following goals: A. Provide high-speed broadband access to attract, create and grow the State's economy and market the products and services of businesses in the State in national and international markets with symmetric connectivity and address challenges in geography; [PL 2021, c. 362, §3 (AMD).] B. Provide expanded health care services by facilitating access to telehealth, as defined in Title 24‑A, section 4316, subsection 1 , and state and local services for senior citizens and persons with disabilities; [PL 2021, c. 293, Pt. B, §11 (AMD).] C. Expand educational opportunities for students across the State through virtual and distance learning; [PL 2015, c. 323, §1 (NEW).] D. Facilitate broader access for the public to services provided by municipal and county governments, including, but not limited to, law enforcement entities, the judicial system and child, youth and family social services; and [PL 2015, c. 323, §1 (NEW).] E. Provide expanded residential services to support employment opportunities. [PL 2015, c. 323, §1 (NEW).] In order to facilitate the achievement of the goals and policies of this section, the authority shall establish and regularly update, after opportunity for public comment and taking into consideration relevant federal policies, definitions of "gigabit fiber-optic broadband network" and "broadband infrastructure." [PL 2021, c. 616, §2 (AMD).]

3-A. Purpose of the fund; grant match funding. In addition to grants provided in accordance with subsection 3 , the fund may be used to provide grant match funding to municipal entities applying for project grants from other sources that require applicants to provide matching funds. To the extent that funds are available, grant match funding may be awarded for a project under this subsection only if the authority finds the project is consistent with the purposes stated in subsection 3 . A municipal entity selected for grant match funding under this subsection must provide services to any unserved community anchor institution in the project area to which the municipal entity is extending services that provides or will provide open access to the Internet for the public. For purposes of this subsection, "municipal entity" means a municipality or a group of municipalities working together to support a gigabit fiber-optic broadband network project. The authority shall, by rule, define an applicant's "project area" and "unserved community anchor institution" for the purposes of this subsection. The authority may also adopt other rules to administer grant match funding awards under this subsection. [PL 2021, c. 616, §3 (NEW).]

4. Implementation grants; maximum awards. To the extent funds are available, the authority shall award implementation grants to achieve the purpose of the fund as described in subsections 3 and 3‑A as follows. A. [PL 2021, c. 362, §3 (RP).] B. [PL 2021, c. 362, §3 (RP).] C. An applicant selected for funding, other than grant match funding in accordance with subsection 3-A, must be required to provide a 25% cash match. [PL 2021, c. 616, §4 (AMD).] D. ConnectMaine funds may not be used to fund more than 50% of the total cost of a project. [PL 2021, c. 362, §3 (NEW).] E. An applicant must demonstrate either that no more than one Internet service provider already offers symmetrical high-speed Internet to a majority of the premises to be served or that the grant will be used to construct or expand an open-access network. [PL 2021, c. 362, §3 (NEW).] [PL 2021, c. 616, §4 (AMD).]

5. Planning grants; requirements for applicants. In order to assist applicants with completion of the planning process necessary to achieve the goals of this section, to the extent funds are available, the authority may award planning grants to applicants that meet the cash match and other application requirements for the award of planning grants, as established by the authority. A. [PL 2021, c. 362, §3 (RP).] B. [PL 2021, c. 362, §3 (RP).] C. [PL 2021, c. 362, §3 (RP).] D. [PL 2021, c. 362, §3 (RP).] E. [PL 2021, c. 362, §3 (RP).] [PL 2021, c. 362, §3 (AMD).]

6. Planning grant report requirements. An applicant awarded a planning grant under subsection 5 must provide to the authority, at a minimum: A. Identification of the local broadband needs and goals; [PL 2015, c. 323, §1 (NEW).] B. An inventory of existing broadband infrastructure assets within the municipality, municipalities or region; [PL 2015, c. 323, §1 (NEW).] C. The results of a gap analysis that defines the additional broadband infrastructure necessary to meet identified needs and goals; [PL 2015, c. 323, §1 (NEW).] 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, to address any broadband gaps identified in the analysis described in paragraph C ; and [PL 2015, c. 323, §1 (NEW).] E. An assessment of all existing municipal procedures, policies, rules and ordinances that may have the effect of delaying or increasing the cost of broadband infrastructure deployment. [PL 2015, c. 323, §1 (NEW).] [PL 2021, c. 362, §3 (AMD).]

7. Cash match for planning grants; restrictions. [PL 2021, c. 362, §3 (RP).]

8. Technical assistance; contract for services. The authority may provide technical assistance to applicants that request assistance with the grant application process. The authority may contract for services to assist in the administration, management and evaluation of the fund. [PL 2015, c. 323, §1 (NEW).]

9. Rules; application procedure. [PL 2021, c. 362, §3 (RP).]

10. Report. Beginning December 15, 2016, the authority shall provide an annual report to the joint standing committee of the Legislature having jurisdiction over energy and utility matters on the grants distributed from the fund and an analysis of the fund's activities that have addressed the need for expansion of broadband access in the State. [PL 2021, c. 362, §3 (AMD).]
35-A M.R.S. § 7104-C — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7104-C
35-A §7104-C. Collection of fees related to prepaid wireless telecommunications services
Status: in_force

1. Prepaid wireless fee. This section governs the fees and surcharges related to prepaid wireless telecommunications services, referred to in this section as "the prepaid wireless fee." The amount of the prepaid wireless fee is the sum of the following fees: A. The amount of the fee that is required to be contributed to the state universal service fund as determined pursuant to section 7104, subsection 3‑A ; [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] B. The amount of the fee that is required to be contributed to the telecommunications education access fund as determined pursuant to section 7104‑B, subsection 2‑A ; and [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] C. The statewide prepaid wireless telecommunications service 9-1-1 surcharge levied on prepaid wireless telecommunications service consumers pursuant to Title 25, section 2927‑A, subsection 3 . [PL 2025, c. 167, §45 (AMD).] [PL 2025, c. 167, §45 (AMD).]

2. Collection of fees and surcharges related to prepaid wireless telecommunications services. The collection of the prepaid wireless fee is governed by this subsection. A. A seller of prepaid wireless telecommunications services shall collect the prepaid wireless fee from the prepaid wireless consumer for each retail transaction occurring in this State. The amount of the prepaid wireless fee must be separately stated on an invoice, receipt or similar document that is provided to the prepaid wireless consumer by the seller, when practicable. In circumstances in which disclosure of the prepaid wireless fee on an invoice, receipt or similar document is not practicable, the seller must make the information regarding the amount of the prepaid wireless fee available to the prepaid wireless consumer in another manner. [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] B. For purposes of paragraph A, a retail transaction that is effected in person by a prepaid wireless consumer at the business location of the seller is treated as occurring in this State if that business location is in this State. Any other retail transaction must be treated as occurring in this State if the retail transaction is treated as occurring in this State for the purposes of Title 36, section 1752, subsection 8‑B . [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] C. The prepaid wireless fee is the liability of the prepaid wireless consumer and not of the seller or of any prepaid wireless telecommunications service provider, except that the seller is liable to remit all prepaid wireless fees that the seller collects from prepaid wireless consumers as provided in this subsection, including all such charges that the seller is deemed to collect when the amount of the prepaid wireless fee has not been separately stated on an invoice, receipt or similar document provided to the prepaid wireless consumer by the seller. [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] D. The amount of the prepaid wireless fee that is collected by a seller from a prepaid wireless consumer, whether or not such amount is separately stated on an invoice, receipt or similar document provided to the prepaid wireless consumer by the seller, may not be included in the base for measuring any tax, fee, surcharge or other charge that is imposed by this State, any political subdivision of this State or any intergovernmental agency. [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] E. If the prepaid wireless fee is amended by rule or law, the new amount of the prepaid wireless fee must take effect at the beginning of the next calendar quarter that is at least 60 days after adoption or enactment of the change. The commission and the State Tax Assessor shall provide not less than 30 days' advance notice of the adoption or enactment of any change to the prepaid wireless fee amount on both the commission's publicly accessible website and the State Tax Assessor's publicly accessible website. [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] F. Prepaid wireless fees collected by sellers must be remitted to the State Tax Assessor. Prepaid wireless fees must be remitted at the times and in the manner provided for the remittance of sales tax under Title 36, section 1951‑A and rules adopted pursuant to that section for the remittance of sales tax on an other than monthly basis. The State Tax Assessor shall establish registration and payment procedures that substantially coincide with registration and payment procedures as provided in Title 36, section 1754‑B and related provisions. [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] G. A seller who is not a prepaid wireless telecommunications service provider may deduct and retain 3% of the prepaid wireless fee that is collected by the seller from a prepaid wireless consumer. [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] H. The State Tax Assessor shall establish procedures by which a seller may document that a sale is not a retail transaction. Procedures established under this paragraph must substantially coincide with the procedures for documenting a sale as a retail transaction as provided in Title 36, section 1754‑B . [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).] I. The State Tax Assessor shall remit the total prepaid wireless fees collected pursuant to this subsection to the commission. The commission shall deposit the total fees into the prepaid wireless fee fund established in subsection 3 and shall ensure that, within 30 days of receipt: (1) The portion of the remitted prepaid wireless fees attributable to the 9‑1‑1 surcharge imposed by Title 25, section 2927‑A, subsection 3 is deposited in a separate account; (2) The portion of the remitted prepaid wireless fees attributable to the fee imposed under section 7104, subsection 3‑A is deposited in the state universal service fund established pursuant to section 7104, subsection 3 ; and (3) The portion of the remitted prepaid wireless fees attributable to the fee imposed under section 7104‑B, subsection 2‑A is deposited in the telecommunications education access fund established under section 7104‑B, subsection 2 . [PL 2025, c. 167, §46 (AMD).] [PL 2025, c. 167, §46 (AMD).]

3. Fund established. The prepaid wireless fee fund is established within the commission for the purposes of collecting and distributing funds pursuant to subsection 2, paragraph I . [PL 2011, c. 600, §7 (NEW); PL 2011, c. 600, §10 (AFF).]
35-A M.R.S. § 3458 — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3458
35-A §3458. Judicial appeal; municipal permitting decision
Status: in_force

Any judicial appeal of a municipal decision regarding permitting of an expedited wind energy development that is taken in the manner provided in the Maine Rules of Civil Procedure, Rule 80B must be heard and determined by the Superior Court as expeditiously as possible. [PL 2009, c. 642, Pt. B, §2 (NEW).]
35-A M.R.S. § 718 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 718
35-A §718. Winter terminations (REALLOCATED FROM TITLE 35-A, SECTION 717)
Status: in_force

(REALLOCATED FROM TITLE 35-A, SECTION 717)

1. Definition. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Disconnection prohibition period" means any time between November 15th and April 15th, or during any other period when, pursuant to rules adopted under section 704 , the commission has prohibited a transmission and distribution utility from disconnecting residential customers or prohibited such disconnections without the permission from the consumer assistance and safety division. [PL 2021, c. 347, §1 (NEW); RR 2021, c. 1, Pt. A, §36 (RAL).] B. "Residential customer" includes any customer account to which electric service is provided for residential purposes, regardless of whether the electricity received under that account is also used for business purposes. [PL 2021, c. 347, §1 (NEW); RR 2021, c. 1, Pt. A, §36 (RAL).] [PL 2021, c. 347, §1 (NEW); RR 2021, c. 1, Pt. A, §36 (RAL).]

2. Notice of winter disconnection. During a disconnection prohibition period, a transmission and distribution utility may not send or deliver, orally, on paper or electronically, to any residential customer of the utility any notice or communication that: A. Provides for disconnection of the customer's electric service on a specified date or within a specified interval of time during a disconnection prohibition period, unless the utility has received the prior permission of the consumer assistance and safety division to make the disconnection on the specified date or within the specified interval of time; or [PL 2021, c. 347, §1 (NEW); RR 2021, c. 1, Pt. A, §36 (RAL).] B. Makes any reference to disconnection or involuntary termination of the customer's electric service during a disconnection prohibition period, unless the notice or communication includes a prominent statement that disconnection of a residential customer's electric service during the disconnection prohibition period cannot take place without the advance permission of the consumer assistance and safety division, that the customer will be notified of any request for such permission and that the customer will have the opportunity to be heard by the consumer assistance and safety division. [PL 2021, c. 347, §1 (NEW); RR 2021, c. 1, Pt. A, §36 (RAL).] [PL 2021, c. 347, §1 (NEW); RR 2021, c. 1, Pt. A, §36 (RAL).]

3. Past due accounts; assistance programs. Notwithstanding any provision of law to the contrary, the notice permitted under subsection 2 to a residential customer from a transmission and distribution utility is deemed a notice of disconnection for the purpose of establishing eligibility for certain emergency assistance programs, including, but not limited to, the emergency general assistance described in Title 22, chapter 1161 and the fuel assistance described in Title 30‑A, chapter 201, subchapter 13 . [PL 2021, c. 347, §1 (NEW); RR 2021, c. 1, Pt. A, §36 (RAL).]

4. Violation; penalties. A transmission and distribution utility that violates this section is subject to a civil penalty not to exceed $2,500, payable to the customer to whom the prohibited communication is sent. This penalty is recoverable in a civil action and is in addition to any other remedies to which the customer may be entitled. [PL 2021, c. 347, §1 (NEW); RR 2021, c. 1, Pt. A, §36 (RAL).]
35-A M.R.S. § 3625 — ME Code / Title 35-A / Part 3 / Chapter 36-A / Section 3625
35-A §3625. Rules
Status: in_force

The commission may adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 604, §3 (NEW).]
35-A M.R.S. § 6109-B — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6109-B
35-A §6109-B. Contracts for large-scale extraction and transportation of water
Status: in_force

Except as provided in subsection 5 , this section governs any contract or agreement between a consumer-owned water utility and another entity that involves the large-scale extraction of water and the large-scale transportation of water. [PL 2009, c. 37, §1 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Large-scale extraction of water" means the extraction of water that is required to be permitted, certified, reported or approved pursuant to: (1) The in-stream flow provisions of Title 38, section 470‑H ; (2) The requirements for significant groundwater wells under Title 38, section 480‑B ; (3) The site location of development law requirements for a development of state or regional significance that may substantially affect the environment as provided in Title 38, section 482, subsection 2 ; or (4) The water withdrawal reporting program under Title 38, chapter 3, subchapter 1, article 4‑B . [PL 2009, c. 37, §1 (NEW).] B. "Large-scale transportation of water" means the transportation of water for commercial purposes by pipeline or other conduit or by tank vehicle or in a container, greater in size than 10 gallons, beyond the boundaries of the municipality or township in which the water is naturally located or of any bordering municipality or township. [PL 2013, c. 381, Pt. B, §31 (AMD).] [PL 2013, c. 381, Pt. B, §31 (AMD).]

2. Public meeting required. A consumer-owned water utility may not enter into a contract or agreement subject to this section until at least 30 days after holding a public meeting on the proposed contract or agreement in accordance with this subsection. The public meeting must include: A. A presentation by the consumer-owned water utility of the terms and conditions of the proposed contract or agreement and the criteria to be used by the utility to decide whether to enter into the contract or agreement; and [PL 2009, c. 37, §1 (NEW).] B. An opportunity for public comment on the proposed contract or agreement. [PL 2009, c. 37, §1 (NEW).] [PL 2009, c. 37, §1 (NEW).]

3. Public notice required. The consumer-owned water utility shall, at least 30 days prior to the public meeting required under subsection 2 , give written notice of the public meeting and the proposed contract or agreement in accordance with this subsection. The notice must include the date, time, place and purpose of the meeting. A. The consumer-owned water utility shall give one written notice to each of its customers. [PL 2009, c. 37, §1 (NEW).] B. The consumer-owned water utility shall give written notice to the commission, the Office of the Public Advocate and the municipality or municipalities where the source of water is located. [PL 2009, c. 37, §1 (NEW).] C. The consumer-owned water utility shall publish one notice in a newspaper of general circulation in the area served by the consumer-owned water utility. [PL 2009, c. 37, §1 (NEW).] [PL 2009, c. 37, §1 (NEW).]

4. Copy available for inspection. Prior to the public meeting required under subsection 2 , the consumer-owned water utility shall make available for public inspection a copy of the proposed contract or agreement. [PL 2009, c. 37, §1 (NEW).]

5. Exceptions. This section does not apply to a contract or agreement between a consumer-owned water utility and another entity that involves the large-scale extraction of water and the large-scale transportation of water when: A. The entity entering into a contract or agreement with the consumer-owned water utility is: (1) An existing customer of the consumer-owned water utility; or (2) A water utility; or [PL 2009, c. 37, §1 (NEW).] B. The large-scale transportation of water meets the exceptions provided in Title 22, section 2660‑A, subsection 2, paragraph B , C or D . [PL 2009, c. 37, §1 (NEW).] [PL 2009, c. 37, §1 (NEW).]

6. Rulemaking. The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 37, §1 (NEW).]
35-A M.R.S. § 7232 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7232
35-A §7232. Laws that apply only to service providers and local exchange carriers for limited purposes
Status: in_force

Notwithstanding any other provision of law, the provisions listed in subsections 1 to 5 do not apply to a telephone utility except service providers with respect to the provision of provider of last resort service and local exchange carriers with respect to federal interconnection rights and obligations: [PL 2011, c. 623, Pt. A, §18 (NEW).]

1. Rates of public utilities. The provisions of chapter 3 relating to the rates of public utilities. The commission may adopt by rule standards and procedures for granting exemptions from all or specified portions of chapter 3 to service providers with respect to the provision of provider of last resort service or to local exchange carriers with respect to federal interconnection rights and obligations. Any exemption granted pursuant to rule must be accompanied by a finding that the exemption is in the public interest and will not result in unjust or unreasonable rates or have a negative impact on competitive markets for telephone services. The commission may limit an exemption to specific geographic areas. An entity granted an exemption pursuant to a rule adopted under this section remains subject to otherwise applicable provisions of chapter 3 . For good cause, as defined by the commission by rule, the commission may revoke any exemption granted pursuant to this subsection. A revocation may be in whole or in part and may be specific to individual entities or services. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A ; [PL 2011, c. 623, Pt. A, §18 (NEW).]

2. Regulation and control of public utilities. The following sections of chapter 7 : A. Section 701 relating to special privileges; [PL 2011, c. 623, Pt. A, §18 (NEW).] B. Section 702 relating to unjust discrimination; [PL 2011, c. 623, Pt. A, §18 (NEW).] C. Section 709 relating to insider transactions; [PL 2011, c. 623, Pt. A, §18 (NEW).] D. Section 710 relating to accident investigations; [PL 2011, c. 623, Pt. A, §18 (NEW).] E. Section 712 relating to competitive bidding; and [PL 2011, c. 623, Pt. A, §18 (NEW).] F. Section 714 relating to notice of certain business activities; [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]

3. Authorization of sales, leases and mortgages of property. The following sections of chapter 11 : A. Section 1102 relating to unnecessary property; and [PL 2011, c. 623, Pt. A, §18 (NEW).] B. Section 1104 relating to abandonment of property or service; [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]

4. Procedure. The following sections of chapter 13 : A. Section 1306 relating to commission decisions; [PL 2011, c. 623, Pt. A, §18 (NEW).] B. Section 1307 relating to enforcement of decisions; [PL 2011, c. 623, Pt. A, §18 (NEW).] C. Section 1308 relating to reparation or adjustments; [PL 2011, c. 623, Pt. A, §18 (NEW).] D. Section 1309 relating to adjustment of excessive rates; and [PL 2011, c. 623, Pt. A, §18 (NEW).] E. Section 1323 relating to exhausting of rights before the commission; and [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]

5. Sanctions and administrative penalties. The following sections of chapter 15 : A. Section 1511 relating to revocation and suspension of authority to provide service. [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 5106 — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5106
35-A §5106. Temporary certificate of public convenience and necessity
Status: in_force

Subject to the provisions of this chapter, the commission may issue a temporary certificate of public convenience and necessity to authorize other persons to provide services to the islands of Casco Bay as set out in section 5101 , when persons authorized under section 5101 are unable to provide a needed service. The commission may attach reasonable terms, conditions and limitations to the temporary certificates. [PL 1987, c. 475, §2 (AMD).]
35-A M.R.S. § 10310 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10310
35-A §10310. Maine Energy Resources Development Program
Status: in_force

The Maine Energy Resources Development Program, referred to in this section as "the program," is established to promote energy research and demonstration activities related to the use of indigenous, renewable resources and more efficient use of energy. The department, as funding allows, shall administer the program. The commissioner may accept funds from private sources for the purpose of funding the program. [PL 2025, c. 476, Pt. A, §16 (NEW).]

1. Report. The commissioner shall include in the state energy plan under section 10305, subsection 1 a report that specifies, in regard to the program, the expenditure of program funds, the purposes for which the funds were used and the amount of the funds and the sources from which the funds were derived. [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Program expenditures. For all proposed program expenditures of $10,000 or more, the commissioner shall seek approval from the Governor. If the Governor approves, the commissioner shall seek approval for those expenditures from the Legislature under the procedures authorizing the transfer of funds set forth in Title 5, section 1585 . [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 10117 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10117
35-A §10117. Energy efficiency of residential properties
Status: in_force

1. Residential rental energy efficiency disclosure statement. The trust and the Maine State Housing Authority shall prepare a residential rental energy efficiency disclosure statement form for landlords and other lessors of residential properties to use to disclose to tenants and lessees information about the energy efficiency of the property in order to comply with Title 14, section 6030‑C . The trust and the Maine State Housing Authority shall post and maintain the statement form required by this subsection on the Internet in a format that is easily accessible by the public. [PL 2023, c. 259, §1 (AMD).]

2. Suggested energy efficiency standards for residential rental properties. The trust and the Maine State Housing Authority shall prepare suggested energy efficiency standards for landlords and other lessors of residential rental property that is used by a tenant or lessee as a primary residence. The trust and the Maine State Housing Authority shall post and maintain the standards required by this subsection on the Internet in a format that is easily accessible by the public. [PL 2023, c. 259, §1 (AMD).]

3. Effective date. [PL 2023, c. 259, §1 (RP).]

4. Home energy score. By June 30, 2024, the trust shall establish a home energy scoring system for residential buildings for the purposes of evaluating a building's energy efficiency. The home energy score must estimate energy use and associated costs and assist with the identification of energy solutions to improve the building's efficiency and be consistent with the United States Department of Energy asset-based home energy score. The trust shall establish a process by which a recipient of a home energy score may voluntarily report the score to the trust. The trust shall establish and maintain a database of these home energy scores. [PL 2023, c. 259, §1 (NEW).]
35-A M.R.S. § 1321 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1321
35-A §1321. Orders altered or amended
Status: in_force

The commission may at any time rescind, alter or amend any order it has made including an order fixing any rate or rates, tolls, charges or schedules of a public utility or an order relating to matters within the jurisdiction of the commission with respect to a competitive electricity provider only if it gives the public utility or competitive electricity provider and all parties to the original proceeding, to the extent practical, written notice and after opportunity for those parties to present evidence or argument, as determined appropriate by the commission. Certified copies of amended orders must be served and take effect as provided for original orders. Nothing in this section is intended to grant to the commission authority to establish or approve the rates charged by competitive electricity providers. [PL 2021, c. 659, §10 (AMD).]
35-A M.R.S. § 5101-E — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5101-E
35-A §5101-E. Unscheduled tours, charters and water taxi services
Status: in_force

The commission shall adopt rules governing unscheduled tours, charters and water taxi services. [PL 1991, c. 774, §2 (NEW).]
35-A M.R.S. § 6705 — ME Code / Title 35-A / Part 6 / Chapter 67 / Section 6705
35-A §6705. Validation of proceedings
Status: in_force

All plans and descriptions of land and all descriptions of other property taken by a water utility for its purposes and uses, filed in the office of the county commissioners of the county where the land or other property is situated, prior to March 9, 1889, are valid and legal for all purposes of taking. [PL 1987, c. 490, Pt. B, §17 (RPR).]
35-A M.R.S. § 3403 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3403
35-A §3403. Specific measures to support wind energy
Status: in_force

1. Monitoring. The commission shall monitor electricity markets and sale opportunities physically accessible to wind power installations in this State to determine whether such markets and opportunities are available for the sale of wind energy in accordance with federal and state law. [PL 2003, c. 665, §3 (NEW).]

2. Legal action. After consultation with the Attorney General, the commission may initiate regulatory and other legal action to protect access to markets by wind power facilities located in the State. [PL 2003, c. 665, §3 (NEW).]

3. Certification. The commission may certify a person as a community wind power generator if the commission determines that such a certification would support construction of a community wind power generation facility in this State and that the person will be the owner of that facility. The commission may not certify a person as a community wind power generator with respect to a community wind power generation facility for which the person commenced the site permit application process prior to August 23, 2006. [PL 2017, c. 170, Pt. G, §2 (AMD).]
35-A M.R.S. § 7226 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7226
35-A §7226. Certain information requirements and limitations
Status: in_force

Notwithstanding section 112 , the commission may not require a service provider: [PL 2011, c. 623, Pt. A, §18 (NEW).]

1. Infrastructure maps. To provide to the commission infrastructure maps that contain a level of detail that is greater than the infrastructure maps filed for that service provider’s service territory prior to March 1, 2012 or that depict the infrastructure connecting interoffice facilities to remote terminals and digital loops; or [PL 2011, c. 623, Pt. A, §18 (NEW).]

2. Outage reporting. To submit notices to the commission of unscheduled service outages or notices of restorations of service earlier than 7 calendar days following the restoration of service. [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 3622 — ME Code / Title 35-A / Part 3 / Chapter 36-A / Section 3622
35-A §3622. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 604, §3 (NEW).]

1. Combined heat and power project. "Combined heat and power project" means a facility that uses wood fuel to generate electric heat and power that is used for industrial or space heating purposes. [PL 2021, c. 604, §3 (NEW).]

2. Net generating capacity. "Net generating capacity" means the electric output of an electricity generating facility delivered to the transmission and distribution utility system. "Net generating capacity" does not include any energy consumed by the generator to operate the electricity generating facility, energy provided behind the meter to facilities adjacent to the electricity generating facility or any energy consumed for facility lighting, power and auxiliary facilities. [PL 2023, c. 353, §2 (AMD).]

3. Program participant. "Program participant" means a combined heat and power project that is participating in the combined heat and power program established in section 3623 . [PL 2021, c. 604, §3 (NEW).]

4. Wood fuel. "Wood fuel" means biomass derived from: A. Forest products manufacturing residuals, including, but not limited to, mill chips, sawdust, bark, shavings and fines; [PL 2021, c. 604, §3 (NEW).] B. Harvest residues, including trees or portions of harvested trees that are too small or of too poor quality to be used for wood products; or [PL 2021, c. 604, §3 (NEW).] C. Downed trees from weather events and natural disasters, nonhazardous landscape or right-of-way trimmings and plant material removed for purposes of invasive species control. [PL 2021, c. 604, §3 (NEW).] [PL 2021, c. 604, §3 (NEW).]
35-A M.R.S. § 8702 — ME Code / Title 35-A / Part 7 / Chapter 87 / Section 8702
35-A §8702. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 851, §7 (NEW).]

1. Council. "Council" means the Telecommunications Relay Services Council. [PL 2017, c. 408, §4 (AMD).]

2. Blockage level. "Blockage level" means the proportion of placed calls that fail to reach a relay operator. [PL 1989, c. 851, §7 (NEW).]

3. Deaf person. "Deaf person" means a person whose sense of hearing is nonfunctional for the purpose of ordinary communication. [PL 1989, c. 851, §7 (NEW).]

3-A. Hard-of-hearing person. "Hard-of-hearing person" means a person who has a hearing loss in the range of mild to profound, who uses residual hearing and who prefers to speak and listen with the help of amplification, implantable devices, assistive technology and speechreading. [PL 2009, c. 68, §6 (NEW).]

4. Hearing impaired person. [PL 2009, c. 68, §7 (RP).]

5. Speech impaired person. "Speech impaired person" means a person whose speech is nonfunctional or diminished for the purpose of ordinary communication. [PL 2009, c. 68, §8 (AMD).]

5-A. Speechreading. "Speechreading" means a technique of understanding speech by visually interpreting the movements of the lips, face and tongue with information provided by the context, language and any residual hearing. [PL 2009, c. 68, §9 (NEW).]

6. Telecommunications device for the deaf or TDD. "Telecommunications device for the deaf" or "TDD" means a teletypewriter, or TTY, or other telecommunication equipment used by deaf, hard-of-hearing or speech impaired persons to conduct telephone communications, including but not limited to devices required for captioned telephone service, equipment necessary to perform video relay service and 2-way paging devices. [PL 2009, c. 68, §10 (AMD).]

7. Telecommunications relay service. "Telecommunications relay service" means a service transmitting messages and information between a person using a telecommunications device for the deaf and another person. [PL 2009, c. 68, §11 (AMD).]
35-A M.R.S. § 6403 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6403
35-A §6403. Procedures; legal effect
Status: in_force

1. Mandatory provisions. A standard district charter must include the following, which are not specified in this chapter: A. The corporate name of the standard district; [PL 1995, c. 616, §10 (NEW).] B. The territorial limits of the standard district; [PL 1995, c. 616, §10 (NEW).] C. The number of trustees of the standard district, which may not be less than 3; [PL 1995, c. 616, §10 (NEW).] D. The appointing authority responsible for appointing or the method of electing the first board of trustees; [PL 1995, c. 616, §10 (NEW).] E. The terms of the trustees who are elected or appointed subsequent to the first board. Terms may not be longer than 3 years. Terms of the first board are determined pursuant to section 6410, subsection 4 ; [PL 1995, c. 616, §10 (NEW).] F. Whether the trustees, subsequent to the first board, are appointed or elected. Reference must be made to the appropriate subsections of section 6410 ; and [PL 1995, c. 616, §10 (NEW).] G. The procedures for a local referendum on the creation of a standard district. [PL 1995, c. 616, §10 (NEW).] [PL 1995, c. 616, §10 (NEW).]

2. Optional provisions. A standard district charter may include provisions relating to the following: A. Special qualifications of trustees; [PL 1995, c. 616, §10 (NEW).] B. Election of trustees by other than at large elections as provided in section 6410, subsection 1 . Any provision for election of trustees by other than at large elections must establish voting districts in conformance with the judicial principle of one person, one vote; [PL 1995, c. 616, §10 (NEW).] C. Additional purposes and powers of the standard district, such as authority to buy out an existing water company or to provide sewerage or other utility services; [PL 1995, c. 616, §10 (NEW).] D. Areas outside the standard district's territory in which the standard district is authorized to take water; [PL 1995, c. 616, §10 (NEW).] E. Notwithstanding section 6413 , a specific debt limit; [PL 1995, c. 616, §10 (NEW).] F. Areas outside the standard district's territory in which the district is authorized to locate facilities; [PL 1995, c. 616, §10 (NEW).] G. Towns with which the standard district is authorized to contract to supply water; and [PL 1995, c. 616, §10 (NEW).] H. Any other powers or duties necessary to the accomplishment of legislative purposes for creating the standard district. [PL 1995, c. 616, §10 (NEW).] [PL 1995, c. 616, §10 (NEW).]

3. Guidelines for modified standard charters. As determined appropriate by the Legislature, a standard district charter may include provisions that differ from those set forth in this chapter. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 6808 — ME Code / Title 35-A / Part 6 / Chapter 68 / Section 6808
35-A §6808. Coordinator
Status: in_force

1. Public Utilities Commission. The commission may receive, obtain and distribute state, federal or other funds supporting regional water council tasks and may provide assistance to regional water councils as appropriate. This subsection does not require the commission to determine the appropriate disbursement of state, federal or other funds among members of a regional water council and does not prohibit a regional water council from obtaining, receiving or disbursing funds without commission involvement. Nothing in this chapter limits the commission's jurisdiction or authority over water utilities that are members of regional water councils. [PL 2005, c. 209, §1 (NEW).]

2. Rulemaking. The commission may adopt rules to establish procedures and audit requirements related to the requirements of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 209, §1 (NEW).]
35-A M.R.S. § 3401 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3401
35-A §3401. Short title
Status: in_force

This chapter may be known and cited as "the Maine Wind Energy Act." [PL 2003, c. 665, §3 (NEW).]
35-A M.R.S. § 757 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 757
35-A §757. Notification
Status: in_force

1. Notification. When a person is going to carry on any work or activity in closer proximity to an overhead high-voltage line than permitted by this chapter, the person responsible for the work or activity must notify the owner or operator of the overhead high-voltage line prior to the time the work or activity is to be commenced. Notification must be at least 72 hours in advance of the work or activity, excluding Saturday, Sunday and legal state and federal holidays, except in emergency situations that include police, fire and rescue emergencies, in which case notification must be made as soon as possible. When the person responsible for the work activity is under contract or agreement with a government entity and the government entity and the owner or operator of the overhead high-voltage lines have already made satisfactory mutual arrangements, further arrangements for that particular activity are not required. [PL 1995, c. 348, §1 (NEW).]

2. Information. A notice served by a person on an owner or operator of an overhead high-voltage line pursuant to this section must contain the following information: A. The name of the individual serving the notice; [PL 1995, c. 348, §1 (NEW).] B. The location of the proposed work or activity; [PL 1995, c. 348, §1 (NEW).] C. The name, address and telephone number of the person responsible for the work or activity; [PL 1995, c. 348, §1 (NEW).] D. The field telephone number at the site of the work or activity, if one is available; [PL 1995, c. 348, §1 (NEW).] E. The type and extent of the proposed work or activity; [PL 1995, c. 348, §1 (NEW).] F. The name of the person for whom the proposed work or activity is being performed; [PL 1995, c. 348, §1 (NEW).] G. The time and date of the notice; and [PL 1995, c. 348, §1 (NEW).] H. The date and time when the work or activity is to begin. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]

3. Telephone notification. If the notification required by this section is made by telephone, a record of the notification must be maintained by the owner or operator of the overhead high-voltage line and by the person giving the notice to document compliance with the requirements of this section. [PL 1995, c. 348, §1 (NEW).]

4. Address and telephone. To facilitate the notification required by this section, every owner or operator of overhead high-voltage lines that does not participate in an association for mutual receipt of notification of activities close to overhead high-voltage lines shall file with the commission the addresses and telephone numbers of the contact persons or offices of the owner or operator of overhead high-voltage lines in the State to whom all notifications concerning proposed work in the service territory of the owner or operator is directed. The information must be maintained by the commission in a manner determined by the commission. [PL 1995, c. 348, §1 (NEW).]

5. Form association. Owners or operators of overhead high-voltage lines may form and operate an association providing for mutual receipt of notification of activities close to overhead high-voltage lines in a specified area. In areas where an association is formed, the following must occur: A. Notification of work activities to the association must be effected as set forth in this section; [PL 1995, c. 348, §1 (NEW).] B. Owners or operators of overhead high-voltage lines in the area: (1) May become members of the association; (2) May participate in and receive the services furnished by the association; and (3) Shall pay their proportionate share of the cost for the services furnished; [PL 1995, c. 348, §1 (NEW).] C. The association whose members or participants have overhead high-voltage lines within the State shall file a list containing the name, address and telephone number of each owner or operator of overhead high-voltage lines within the area of an association with the commission; and [PL 1995, c. 348, §1 (NEW).] D. If notification is made by telephone, record must be maintained by the association to document compliance with the requirements of this section. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]
35-A M.R.S. § 503 — ME Code / Title 35-A / Part 1 / Chapter 5 / Section 503
35-A §503. Account of subsidiary business
Status: in_force

Every public utility engaged directly or indirectly in any other subsidiary business shall, if ordered by the commission, keep and render separately to the commission the accounts of the subsidiary business in the manner and form set out in section 501 , in which case all the provisions of this Title shall apply to the books, accounts, papers and records of the subsidiary business. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3154 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3154
35-A §3154. The Public Utilities Commission to require the necessary improvements
Status: in_force

1. Rate design and conservation improvements. The commission shall mandate, after notice and hearing on the proposed schedule, a scheduled phasing-in of the improvements in transmission and distribution utility rate design and related regulatory programs submitted and approved under section 3153‑A and is authorized to order utilities to implement transmission and distribution utility rate design improvements approved by the commission on a temporary, pilot and experimental basis, affecting either a portion or all of any class of consumers of any utility as the commission may determine is appropriate to carry out the purposes of this subchapter, and order other energy conservation techniques, programs and innovations relating to transmission and distribution utility service that, in the commission's judgment, are practicable, just and reasonably related to fulfilling the purposes of this chapter. In ordering any rate design improvements or any other programs for implementing energy conservation techniques and innovations referred to in section 3153‑A, the commission shall consider rate design stability and shall ensure the revenue requirements of the utility. [PL 1999, c. 398, Pt. A, §59 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Initial cost recovery. In assuring the revenue requirements of the utility with respect to programs for implementing energy conservation techniques or innovations, the commission shall, upon petition, permit the utility to adjust rates to recover the reasonable incremental costs associated with implementing those programs to the extent that the costs are not already reflected in the utility's rates and provided that that adjustment does not result in rates that are unjust or unreasonable. The adjustment shall include reasonable costs of all programs ordered under this subchapter incurred as of the time of the adjustment and reasonable estimated costs of operating the conservation programs. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Rules. The commission shall adopt rules implementing the requirements of subsection 2 . Notwithstanding any other provision of this Title, such rules may include: A. Procedures to periodically reconcile or adjust any rate adjustment ordered under subsection 2 or similar costs reflected in the utility's existing rates; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Procedures which provide incentives and disincentives for the effective implementation of this subchapter; and [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Procedures to provide for the financial cost or benefit of under-collection or over-collection. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Federal standards. [PL 1999, c. 398, Pt. A, §60 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Load management devices. The commission shall mandate, in any transmission and distribution utility rate schedule approved or taking effect after January 1, 1983, a rate for any user who installs a load management device, approved by the commission, that reflects the savings to the utility resulting from the use of the device. [PL 1999, c. 398, Pt. A, §61 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

6. Conservation investments in rate base. Upon petition by the public utility in any general rate change request pursuant to section 307 , filed on or after January 1, 1988, the commission may in its discretion include in the utility's rate base and permit a fair return on the utility's rate base, any electric plant to the extent financed by the utility which constitutes a cost effective investment in conservation or load management and which was installed on the premises of a customer. [PL 1987, c. 613, §3 (NEW).]

7. Interruptible rates. In any general rate design case pending on or initiated after April 1, 1992, the commission, upon request, shall determine interruptible rates consistent with and by reference to its determination of utility transmission and distribution capacity costs. Interruptible rates must be designed so as to encourage the long-term availability of interruptible resources, including interruptible options for all customer classes. [PL 1999, c. 398, Pt. A, §62 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

8. Incentive rates. [PL 1999, c. 398, Pt. A, §63 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 10114 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10114
35-A §10114. Training for energy auditors
Status: in_force

1. Auditor training. To the extent that funds and resources allow, the trust shall set standards for training programs for energy auditors that most effectively meet the needs of the public and that satisfy the requirements of funding sources. For the purposes of this subsection, an energy auditor is a person who is trained to prepare a report that delineates the energy consumption characteristics of a building, identifies appropriate energy efficiency operations and maintenance procedures and recommends appropriate energy efficiency measures. The trust: A. May develop separate programs for audits of different building types and functions when the trust determines that the skills or training needed to perform these audits merit the distinction; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. Shall determine the content of the training, the hours required for course completion and the manner in which applicants must demonstrate proficiency in energy auditing; [PL 2009, c. 372, Pt. B, §3 (NEW).] C. Shall issue a certificate of completion to individuals who meet the requirements the trust has established; [PL 2009, c. 372, Pt. B, §3 (NEW).] D. May establish reasonable course fees. All fees collected by the trust must be used for the purposes of this section; [PL 2009, c. 372, Pt. B, §3 (NEW).] E. Shall determine terms for the expiration and renewal of an applicant's certificate of completion; [PL 2009, c. 372, Pt. B, §3 (NEW).] F. Shall determine an appropriate means of maintaining recognition of the training received by persons holding a certification; [PL 2009, c. 372, Pt. B, §3 (NEW).] G. Shall work with state agencies and other interested parties to establish certification standards for energy auditors who perform work under programs administered by the trust; and [PL 2009, c. 372, Pt. B, §3 (NEW).] H. Shall recognize other established training programs that offer certification consistent with the trust's energy auditor training standards. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]

2. Effective date. This section takes effect July 1, 2010. [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 118 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 118
35-A §118. Participation with other regulatory bodies
Status: in_force

The commission may participate with other state and federal public utility regulatory bodies, including the Federal Energy Regulatory Commission and the Federal Communications Commission, or their successors, in joint hearings and studies relating to mutually regulated utilities. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4353 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4353
35-A §4353. Decommissioning financing plans; physical decommissioning plan
Status: in_force

1. Submission of plans. Decommissioning financing plans shall be submitted as follows. A. Any licensee receiving a certificate of public convenience and necessity under section 3132 for a nuclear power plant shall submit a decommissioning financing plan for the plant to the commission not less than one year prior to beginning commercial operation of the plant. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Any licensee operating a nuclear power plant on July 13, 1982, shall submit a proposed decommissioning financing plan for the plant to the commission as soon as possible, but not later than September 11, 1982, or such later date as the commission may consider appropriate. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Content of plan. A decommissioning financing plan submitted under subsection 1 shall include: A. An estimate of the time of closing of the nuclear power plant; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. An estimate of the cost of decommissioning the plant expressed in dollars current in the year the plan is prepared and based upon an engineering report issued any time within 3 years of the date the plan is submitted to the commission; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. The share of the estimated decommissioning expenses attributed to each utility to which the plant supplies power; [PL 1999, c. 398, Pt. A, §98 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] D. Plans for periodic review and updating of the plan, including the cost of decommissioning estimated under paragraph B , consistent with subsection 6 ; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. Plans for establishing as soon as possible a decommissioning trust fund adequate to pay the cost estimated under paragraph B , consistent with subsection 4 and section 4355 ; [PL 1987, c. 141, Pt. A, §6 (NEW).] F. Plans and options for insuring against or otherwise financing any shortfall in the fund resulting from a premature closing of the nuclear power plant; [PL 1987, c. 141, Pt. A, §6 (NEW).] G. Reasonable assurance of responsibility in the event of insufficient assets in accordance with section 4356 ; [PL 1987, c. 141, Pt. A, §6 (NEW).] H. A general description of the stages by which decommissioning is intended to be accomplished, but only at the level of detail necessary to support the cost estimate of paragraph B ; [PL 1987, c. 141, Pt. A, §6 (NEW).] I. If the licensee intends to establish its own decommissioning fund committee, a statement of its intent to do so, together with its proposed membership and a copy of the proposed decommissioning trust and its plan for implementing the trust and establishing the committee; [PL 1987, c. 141, Pt. A, §6 (NEW).] J. A fully executed decommissioning financing agreement between the licensee and each owner, evidencing each owner's acceptance of its respective share of the ultimate financial responsibility for decommissioning. In satisfaction of this requirement, the licensee may submit existing ownership agreements together with documentation from each owner of the applicability of the agreement to the case of financial responsibility for decommissioning; and [PL 1987, c. 141, Pt. A, §6 (NEW).] K. Any other information related to the financing of decommissioning which the commission requests. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1999, c. 398, Pt. A, §98 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Approval of plan. The plan shall be approved as follows. A. The commission shall conduct a public hearing on the proposed decommissioning financing plan. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The commission shall approve the decommissioning financing plan if it finds that the licensee, in the judgment of the commission, has provided reasonable assurance that: (1) The estimated time of closing of the nuclear power plant and the estimated cost of decommissioning are reasonable; (2) The share of the estimated cost of decommissioning for each utility to which the plant supplies power is reasonable; (3) The principal and income that will have accumulated in the decommissioning trust fund at the estimated time of closing the plant will be adequate to cover the estimated cost of decommissioning, plus the expenses of administering the fund; (4) The provisions of the proposed form of the decommissioning trust fund will ensure that the funds in the trust are judiciously invested and will adequately protect the funds until decommissioning is completed and, in the event the licensee proposes to establish its own decommissioning fund committee, that the licensee-established committee will ensure that the funds in the trust are judiciously invested and will adequately protect the funds until decommissioning is completed; (5) The assets in the fund can not be withdrawn unless approved by the decommissioning fund committee under section 4355, subsection 5 , prior to completion of decommissioning; (6) Contributions to the fund are equitably spread over the useful life of the plant to the extent feasible; (7) The plans and options for insuring against or otherwise financing any shortfall in the fund resulting from a premature closing are adequate and reasonable; (8) The owners are legally bound to accept their respective shares of the ultimate financial responsibility for decommissioning and the plan reflects full compliance with section 4356 ; and (9) The plan will periodically be reviewed and revised to reflect more closely the costs and available techniques for decommissioning. This update must occur at least every 5 years. [PL 1999, c. 398, Pt. A, §99 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] C. If the commission finds that the decommissioning financing plan does not meet the criteria under paragraph B , the commission shall reject the plan and order that it be modified as the commission determines necessary to meet those criteria. [PL 1987, c. 141, Pt. A, §6 (NEW).] D. The commission shall take final action on the proposed decommissioning financing plan within 180 days after the filing date. The filing date shall be the date when the commission notifies the applicant that the filing is complete. If the commission does not notify the applicant of any deficiencies in the information in the application within 60 days of receipt, the application shall be deemed complete as of the date of receipt. [PL 1987, c. 141, Pt. A, §6 (NEW).] E. If the licensee requested approval of a licensee-established decommissioning fund committee, the commission shall approve the plan, including the plans for implementing a licensee decommissioning fund committee and a decommissioning trust fund, with such modifications as the commission finds necessary to meet the criteria of paragraph B , but only if the commission finds that the plans will reasonably ensure that the responsibilities and duties of section 4354, subsection 6 , will be carried out, that the funds will be managed in order to ensure that they will be available when needed, and that the funds will only be used for decommissioning expenses and the costs of administering the trust fund. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1999, c. 398, Pt. A, §99 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Cost of decommissioning. Based upon the plan, the commission shall establish the cost of decommissioning of any nuclear power plant located in the State and shall establish a schedule of monthly payments into the decommissioning trust fund established for that plant as necessary and convenient to meet that cost of decommissioning at the time of closing. The cost of decommissioning shall not include the cost of final disposal of spent nuclear fuel. The schedule shall be established so that contributions received by the licensee are paid to the fund as soon after receipt as practicable. For purposes of cost estimates, the method of decommissioning shall be the method of prompt removal and dismantlement, unless the United States Nuclear Regulatory Commission or its successor requires another method. The commission shall periodically review the estimated cost of decommissioning in accordance with subsection 6 and based upon that review shall revise the schedule of monthly payments as necessary. When establishing the cost of decommissioning under this subsection, the commission shall obtain from the licensee, for information purposes, a determination of any possible federal income tax liability related to funds collected for decommissioning purposes until a definitive final determination has been made by the Federal Government that no such liability exists. Notwithstanding any other provision of this subchapter, the licensee may collect additional funds to establish a segregated escrow account for payment of potential federal taxes, as approved by the Federal Energy Regulatory Commission. In the event that no final determination has been made by the Federal Government that no income tax liability exists related to funds collected for decommissioning, the licensee shall exercise all reasonable efforts to obtain such a determination. In no event shall the licensee pay any federal income tax liability amount from the decommissioning trust fund. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Plans required for operation. Decommissioning financing plans are required as follows. A. No licensee which receives a certificate of public convenience and necessity may commence operation of a nuclear power plant, unless it has a decommissioning financing plan approved by the commission under subsection 3 . [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The commission shall promulgate an interim decommissioning financing plan by July 13, 1982, for any licensee which does not have a decommissioning financing plan approved under subsection 3 . Payments shall commence immediately under the interim decommissioning financing plan and be deposited in an escrow account. That escrow account may be invested in investments permitted for the trust fund under section 4355, subsection 3, paragraph B . When a decommissioning plan is approved and a decommissioning trust fund established, the interim plan shall terminate and the money in that escrow account shall be transferred to the fund. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Periodic review of plan. Decommissioning financing plans for nuclear power plants shall be reviewed as follows. A. If the commission approves a decommissioning financing plan under subsection 3 , the commission shall, at least every 5 years and annually in the 5 years preceding scheduled closing, and annually thereafter until decommissioning is completed, review the financing plan to assess its adequacy. If changed circumstances make a more frequent review desirable or if the licensee requests it, the commission may review the plan after a shorter time interval. The review shall include, but not be limited to, the following considerations: (1) The estimated date of closing the plant; (2) The estimated cost of decommissioning; (3) The reasonableness of the method selected for cost estimate purposes; (4) The size and growth rate of the decommissioning trust fund, taking into account the effect of inflation; and (5) The adequacy of the plans for financing any shortfall required under subsection 2, paragraph F . [PL 1987, c. 141, Pt. A, §6 (NEW).] B. After review under paragraph A, the commission may, after public hearing, order such changes in the decommissioning financing plan as it determines necessary to make the plan comply with the criteria in subsection 3, paragraph B . [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Physical decommissioning plan. At least 3 years prior to closing a nuclear power plant, the licensee shall submit a physical decommissioning plan to the Governor and the commission, with updates annually thereafter. In the event of premature closing, the plan shall be submitted as soon as possible. The commission shall review the plan to ascertain its contents and determine under subsection 6 the adequacy of the decommissioning fund to pay for that plan, but the commission may not duplicate the health and safety review conducted by the United States Nuclear Regulatory Commission or its successor. The licensee shall file with the physical decommissioning plan a list of all decommissioning-related permits which it must receive from agencies of the State. The licensee shall update its filing annually to indicate the progress of any permit applications which it has undertaken before agencies of the State. The Public Utilities Commission shall transmit copies of this information to all agencies on the list of permits and shall place this information in a separate file which shall be made available for public inspection. Those agencies shall inform the commission when they issue any licenses or permits or take any other final action. No licensee may decommission a nuclear power plant unless the physical decommissioning plan has been submitted to the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 5107 — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5107
35-A §5107. Violation of this chapter; penalty
Status: in_force

1. Offense. Whoever violates this chapter is guilty of unlawfully operating a ferry in Casco Bay. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Penalty. Unlawful operation of a ferry in Casco Bay is a Class E crime. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Civil remedy. In addition to any other remedy provided in this chapter for the enforcement of this chapter or any rule, order or decision of the commission issued with relation to the operation of a ferry covered by this chapter, the Superior Court has jurisdiction upon complaint filed by the commission or the Casco Bay Island Transit District to enjoin a person from committing an act prohibited by this chapter or prohibited by a rule, order or decision of the commission in relation to the operation of transportation facilities in Casco Bay. It is the intention of the Legislature that the commission or the Casco Bay Island Transit District may seek an injunction under this section without first resorting to another form of administrative proceedings or court procedures as a condition precedent to the granting of the injunction. [PL 1987, c. 475, §2 (AMD).]
35-A M.R.S. § 4712 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4712
35-A §4712. Gas emergency response
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, "gas explosion event" means an explosion or fire that causes property damage or personal injury and that involves natural gas or liquefied petroleum gas controlled, transported or delivered by a gas utility or a natural gas pipeline utility subject to the jurisdiction of the commission. [PL 2011, c. 27, §3 (NEW).]

2. Response. Following a gas explosion event, the commission shall immediately contact the State Fire Marshal: A. To confirm that the State Fire Marshal is investigating the event and securing evidence in accordance with Title 25, section 2394, subsection 1 and to coordinate the commission's activities with the State Fire Marshal's investigation; or [PL 2011, c. 27, §3 (NEW).] B. To confirm that the event does not warrant investigation by the State Fire Marshal pursuant to the protocol established in accordance with Title 25, section 2394, subsection 1 . [PL 2011, c. 27, §3 (NEW).] [PL 2011, c. 27, §3 (NEW).]

3. Proceedings. In any commission proceeding concerning a gas explosion event, the commission shall afford a person injured by the event or who suffered property damage in the event an opportunity to address the commission regarding the event. [PL 2011, c. 27, §3 (NEW).]

4. Compensation. In determining pursuant to section 117 whether to apply any administrative penalties relating to the gas explosion event to benefit customers affected or potentially affected by the violation, and in determining the amount to apply, the commission shall consider documented property damages suffered by a person as a result of the event and may apply an amount to equitably compensate that person for losses not otherwise fully compensated. [PL 2011, c. 27, §3 (NEW).]
35-A M.R.S. § 3201 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3201
35-A §3201. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 316, §3 (NEW).]

1. Affiliated interest. "Affiliated interest" has the same meaning as provided in section 707, subsection 1, paragraph A . [PL 1997, c. 316, §3 (NEW).]

2. Aggregate. "Aggregate" means to organize individual electricity consumers into a group or entity for the purpose of purchasing electricity on a group basis. [PL 1997, c. 316, §3 (NEW).]

3. Aggregator. "Aggregator" means an entity that gathers individual consumers together for the purpose of purchasing electricity. [PL 1999, c. 398, Pt. A, §72 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Broker. "Broker" means an entity that acts as an agent or intermediary in the sale and purchase of electricity but that does not take title to electricity. [PL 1997, c. 316, §3 (NEW).]

5. Competitive electricity provider. "Competitive electricity provider" means a marketer, broker, aggregator or any other entity selling electricity to the public at retail, but does not include an electric vehicle charging station or an entity that generates electricity solely for the use of: A. The entity; [PL 2019, c. 205, §5 (NEW).] B. The entity's tenants; or [PL 2019, c. 205, §5 (NEW).] C. Commercial or industrial consumers located on: (1) The property where the entity is located or on abutting property; or (2) A commercial or industrial site that was served by the entity or its predecessor without using the transmission and distribution plant of a public utility prior to December 31, 2018. [PL 2019, c. 205, §5 (NEW).] [PL 2019, c. 205, §5 (AMD).]

6. Consumer-owned transmission and distribution utility. "Consumer-owned transmission and distribution utility" means any transmission and distribution utility 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. The transmission and distribution portion of a rural electrification cooperative organized under chapter 37 ; [PL 1997, c. 316, §3 (NEW).] B. The transmission and distribution portion of an electrification cooperative organized on a cooperative plan under the laws of the State; [PL 1997, c. 316, §3 (NEW).] C. A municipal or quasi-municipal transmission and distribution utility located in the State; [PL 2019, c. 311, §1 (AMD).] D. The transmission and distribution portion of a municipal or quasi-municipal entity located in the State providing generation and other services; and [PL 2019, c. 311, §1 (AMD).] E. A transmission and distribution utility wholly owned by a municipality located in the State. [PL 2019, c. 311, §1 (AMD).] [PL 2019, c. 311, §1 (AMD).]

7. Divest. "Divest" means to legally transfer ownership and control to an entity that is not an affiliated interest. [PL 1997, c. 316, §3 (NEW).]

7-A. Efficient combined heat and power system. "Efficient combined heat and power system" means a system that: A. Produces heat and electricity from one fuel input, without restriction to specific fuel or generating technology; [PL 2009, c. 197, §1 (NEW).] B. Has an electric generating capacity rating of at least one kilowatt and not more than 30 kilowatts and a fuel system efficiency of not less than 80% in the production of heat and electricity, or has an electric generating capacity of at least 31 kilowatts and a fuel system efficiency of not less than 65% in the production of heat and electricity; [PL 2009, c. 197, §1 (NEW).] C. May work in combination with supplemental or parallel conventional heating systems; [PL 2009, c. 197, §1 (NEW).] D. Is manufactured, installed and operated in accordance with applicable government and industry standards; and [PL 2009, c. 197, §1 (NEW).] E. Is connected to the electric grid and operated in conjunction with the facilities of a transmission and distribution utility. [PL 2009, c. 197, §1 (NEW).] [PL 2009, c. 197, §1 (NEW).]

8. Electric billing and metering services. "Electric billing and metering services" means the following services: A. Billing and collection; [PL 1997, c. 316, §3 (NEW).] B. Provision of a meter; [PL 1997, c. 316, §3 (NEW).] C. Meter maintenance and testing; and [PL 1997, c. 316, §3 (NEW).] D. Meter reading. [PL 1997, c. 316, §3 (NEW).] [PL 1997, c. 316, §3 (NEW).]

8-A. Eligible small generator. "Eligible small generator" means a generator that has a generating capacity of 5 megawatts or less and generates electricity using: A. A renewable resource, as defined in section 3210, subsection 2, paragraph C ; or [PL 2009, c. 197, §2 (NEW).] B. An efficient combined heat and power system. [PL 2009, c. 197, §2 (NEW).] [PL 2009, c. 197, §2 (NEW).]

8-B. Electric vehicle charging station provider. "Electric vehicle charging station provider" means a person selling electricity for the sole purpose of transferring electric energy between a charger and the battery or other energy storage device in an electric vehicle. [PL 2015, c. 29, §3 (NEW).]

8-C. Employer and employee harmony agreement. "Employer and employee harmony agreement" means an agreement between an employer and one or more labor organizations representing or seeking to represent the employer's employees that includes: A. A guarantee against strikes, lockouts and similar disruptions; [PL 2023, c. 660, §2 (NEW).] B. Mechanisms for labor‑management cooperation on matters of mutual interest and concern, including productivity, quality of work and safety and health; and [PL 2023, c. 660, §2 (NEW).] C. Mutually binding procedures for resolving labor disputes. [PL 2023, c. 660, §2 (NEW).] [PL 2023, c. 660, §2 (NEW).]

9. Entity. "Entity" means a person or organization, including but not limited to any political, governmental, quasi-governmental, corporate, business, professional, trade, agricultural, cooperative, for-profit or nonprofit organization. [PL 1997, c. 316, §3 (NEW).]

10. Generation assets. "Generation assets" includes all real estate, fixtures and personal property owned, controlled, operated or managed in connection with, or to facilitate, the generation of electric power. [PL 1997, c. 316, §3 (NEW).]

11. Generation service. "Generation service" means the provision of electric power to a consumer through a transmission and distribution utility but does not encompass any activity related to the transmission or distribution of that power. [PL 1997, c. 316, §3 (NEW).]

11-A. Investor-owned transmission and distribution utility. "Investor‑owned transmission and distribution utility" has the same meaning as in section 3104, subsection 1, paragraph A . [PL 2019, c. 478, Pt. A, §1 (NEW).]

12. Large, investor-owned transmission and distribution utility. "Large, investor-owned transmission and distribution utility" means an investor-owned transmission and distribution utility serving more than 50,000 retail customers. [PL 1997, c. 316, §3 (NEW).]

13. Marketer. "Marketer" means an entity that as an intermediary purchases electricity and takes title to electricity for sale to retail consumers. [PL 1999, c. 398, Pt. A, §72 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

13-A. Nameplate capacity. "Nameplate capacity" means the installed or rated capacity of a power generator. [PL 2019, c. 478, Pt. A, §2 (NEW).]

14. Public entity. "Public entity" includes the State, any political subdivision of the State, a municipality and any quasi-municipal entity. [PL 1997, c. 316, §3 (NEW).]

15. Qualifying facility. "Qualifying facility" has the same meaning as provided in section 3303 . [PL 1997, c. 316, §3 (NEW).]

16. Small, investor-owned transmission and distribution utility. "Small, investor-owned transmission and distribution utility" means an investor-owned transmission and distribution utility serving 50,000 or fewer retail customers. [PL 1997, c. 316, §3 (NEW).]

17. Retail access. "Retail access" means the right of a retail consumer of electricity to purchase generation service from a competitive electricity provider. [PL 1997, c. 316, §3 (NEW).]

18. Transmission and distribution plant. [PL 1999, c. 398, Pt. A, §73 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

19. Transmission and distribution utility. [PL 1999, c. 398, Pt. A, §73 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 711 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 711
35-A §711. Joint use of equipment
Status: in_force

1. Joint use permitted. The commission may order that joint use be permitted and prescribe reasonable compensation and reasonable terms and conditions for the joint use when, after a hearing had upon its own motion or upon complaint of a joint use entity affected, it finds the following: A. That public convenience and necessity require a joint use entity to provide nondiscriminatory access to any poles, ducts, conduits or rights-of-way owned or controlled by another joint use entity; [PL 2017, c. 199, §1 (AMD).] B. That joint use will not result in irreparable injury to the owner or other users of the poles, ducts, conduits or rights-of-way or in any substantial detriment to the service; [PL 2017, c. 199, §1 (AMD).] C. That the joint use entities have failed to agree upon the use or the terms and conditions or compensation for the use; and [PL 2017, c. 199, §1 (AMD).] D. That the joint use entity seeking access to the poles, ducts, conduits or rights-of-way owned or controlled by another joint use entity has the technical and financial capabilities to fulfill its obligations related to such joint use. [PL 2017, c. 199, §1 (NEW).] [PL 2017, c. 199, §1 (AMD).]

2. Liability of user. If joint use is ordered, the joint use entity to whom the use is permitted is liable to the owner or other users of the poles, ducts, conduits or rights-of-way for damage that may result from its use to the property of the owner or other users. [PL 2017, c. 199, §1 (AMD).]

3. Interests of customers. Any actions taken or orders issued by the commission under this section must take into account the interests of the customers of the affected joint use entities. [PL 2017, c. 199, §1 (AMD).]

4. Rules. The commission shall adopt rules governing the resolution of pole attachment disputes and the rates, terms and conditions of joint use. The rules must promote competition, further the state broadband policy set forth in section 9202‑A and ensure safe, nondiscriminatory access on just and reasonable terms. The rules must also include a process for ensuring that a new joint use entity seeking access to the poles, ducts, conduits or rights-of-way of another joint use entity meets the requirements of subsection 1, paragraph D . In establishing rates, the commission shall consider various formulas, including, but not limited to, the formula adopted by the Federal Communications Commission as codified in 47 Code of Federal Regulations, Part 1, Subpart J, as amended. Rules adopted or amended pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 199, §1 (AMD).]

5. Dark fiber provider. [PL 2017, c. 199, §1 (RP).]

6. Limited jurisdiction. A joint use entity not otherwise subject to the jurisdiction of the commission is subject to commission jurisdiction only for the limited purpose of matters relating to the use of the poles, conduits, ducts or rights-of-way in accordance with this section. [PL 2017, c. 199, §1 (NEW).]

7. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Information service provider" means a provider of information service as that term is defined in 47 United States Code, Section 153(24). [PL 2017, c. 199, §1 (NEW).] B. "Joint use entity" means a public utility, voice service provider, dark fiber provider, wholesale or retail competitive local exchange carrier, cable television system, unlit fiber provider, telecommunications service provider or information service provider. [PL 2017, c. 199, §1 (NEW).] C. "Telecommunications service provider" means a provider of telecommunications service as that term is defined in 47 United States Code, Section 153(53). [PL 2017, c. 199, §1 (NEW).] D. "Unlit fiber" means one or more strands within a bundle of fiber-optic cable through which an associated light signal or light communication transmission must be provided to provide communications service, but excluding the electronic equipment required in order to render the fiber capable of transmitting communications. [PL 2017, c. 199, §1 (NEW).] E. "Unlit fiber provider" means a provider of unlit fiber. [PL 2017, c. 199, §1 (NEW).] [PL 2017, c. 199, §1 (NEW).]
35-A M.R.S. § 3147 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3147
35-A §3147. Integrated grid planning
Status: in_force

(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. "Covered utility" means a large investor-owned transmission and distribution utility as defined in section 3201, subsection 12 . [PL 2021, c. 702, §8 (NEW).] A-1. (TEXT EFFECTIVE 2/01/26) "Advanced conductor" means an electrical conductor that has a direct current electrical resistance at least 10% lower than existing conductors of a similar diameter on the electric system. [PL 2025, c. 293, §2 (NEW); PL 2025, c. 293, §8 (AFF).] B. "Environmental justice" means the fair treatment and meaningful involvement of all persons regardless of race, color, national origin or income with respect to the development, implementation and enforcement of environmental laws, rules, regulations and policies. [PL 2021, c. 702, §8 (NEW).] B-1. (TEXT EFFECTIVE 2/01/26) "Grid-enhancing technology" has the same meaning as in section 3148, subsection 1, paragraph A . [PL 2025, c. 293, §3 (NEW); PL 2025, c. 293, §8 (AFF).] C. "Grid plan" means a 10-year integrated grid plan developed in accordance with this section designed to improve system reliability and resiliency and enable the cost-effective achievement of the greenhouse gas reduction obligations and climate policies pursuant to Title 38, section 576‑A and section 577, subsection 1 . [PL 2021, c. 702, §8 (NEW).] D. "Hosting capacity" means a threshold at a circuit at which new distributed energy resources will trigger upgrades or changes to the electrical distribution system and cost considerations of related upgrades and changes. [PL 2021, c. 702, §8 (NEW).] [PL 2021, c. 702, §8 (NEW); PL 2025, c. 293, §§2, 3 (AMD); PL 2025, c. 293, §8 (AFF).]

2. Priorities identified; stakeholder input. Beginning November 1, 2022, then every 5 years thereafter, the commission shall initiate a proceeding to identify the priorities to be addressed in a filing by a covered utility regarding a grid plan that will assist in the cost-effective transition to a clean, affordable and reliable electric grid. The commission shall hold technical conferences or stakeholder workshops before the filing to identify priorities, assumptions, goals, methods and tools that will assist the covered utility in developing a grid plan. [PL 2021, c. 702, §8 (NEW).]

3. Commission order. At the conclusion of the technical conferences and stakeholder workshops held under subsection 2 , the commission shall issue an order directing a covered utility to submit a filing to the commission that addresses the priorities identified in the proceeding initiated pursuant to subsection 2 and includes the additional components identified in subsection 4 . [PL 2021, c. 702, §8 (NEW).]

4. Additional components; submission. A covered utility shall submit a filing to the commission within 18 months of the issuance of an order by the commission pursuant to subsection 3 . In addition to addressing the priorities specified in the commission order, the filing must: A. Assess the electric system of the covered utility and its relationship to the regional grid; [PL 2021, c. 702, §8 (NEW).] B. For elements of the filing related to customer energy consumption and usage characteristics, reference and incorporate relevant elements of the Efficiency Maine Trust triennial plan developed under section 10104, subsection 4 , including all of the trust's analysis of cost-effective energy efficiency potential and plans to implement energy efficiency programs, demand management programs, beneficial electrification programs such as heat pump and electric vehicle initiatives, energy storage initiatives and analysis of nonwires alternatives; [PL 2021, c. 702, §8 (NEW).] C. Include at least 2 potential planning scenarios, at a minimum, a baseline scenario and a scenario of high-penetration distributed energy resources and end-use electrification. When applicable, the planning scenarios must incorporate mechanisms for achieving the priorities established pursuant to subsection 2 , including, but not limited to, cost-effective policies, programs, rates, use of software or technology and infrastructure planning, including nonwires alternatives; [PL 2021, c. 702, §8 (NEW).] D. (TEXT EFFECTIVE UNTIL 2/01/26) Include, at a minimum, the following: (1) Forecasts of projected load, including forecasts of end-use electrification, energy efficiency and distributed energy resources; (2) Baseline energy supply data and assessments, including but not limited to planned generation retirements; new generation that is planned or needed, including generation of electricity from renewable sources; and energy storage installations; (3) Analysis of hosting capacity, including locational benefits of distributed energy resources and areas of existing or potential system congestion; (4) Analysis of available and emerging technologies necessary to enable load management and flexibility; (5) An assessment of the environmental, equity and environmental justice impacts of grid plans; and (6) An identification of cost-effective near-term grid investments and operations needed to achieve the priorities identified in subsection 2 ; and [PL 2021, c. 702, §8 (NEW).] D. (TEXT EFFECTIVE 2/01/26) Include, at a minimum, the following: (1) Forecasts of projected load, including forecasts of end-use electrification, energy efficiency and distributed energy resources and, when appropriate, consideration of the energy forecasting method used to prepare the comprehensive state energy plan required pursuant to Title 2, section 9, subsection 3, paragraph C ; (2) Baseline energy supply data and assessments, including but not limited to planned generation retirements; new generation that is planned or needed, including generation of electricity from renewable sources; and energy storage installations; (3) Analysis of hosting capacity, including locational benefits of distributed energy resources and areas of existing or potential system congestion; (4) Analysis of available and emerging technologies necessary to enable load management and flexibility and those technologies necessary to improve efficiency and reliability of and reduce congestion of the grid, including, but not limited to, the use of advanced conductors and grid-enhancing technologies, taking into consideration the commission's review pursuant to section 3148 ; (5) An assessment of the environmental, equity and environmental justice impacts of grid plans; (6) An identification of cost-effective near-term grid investments and operations needed to achieve the priorities identified in subsection 2 ; and (7) Consideration of the use of low-voltage sensors to improve grid monitoring capacity, including data related to grid power quality, transformer status and distributed energy resource capacity by location; and [PL 2025, c. 293, §4 (AMD); PL 2025, c. 293, §8 (AFF).] E. Reference and incorporate, as appropriate, all relevant analysis conducted as part of the State's climate action plan under Title 38, section 577 and relevant information from reports and analysis completed by other state agencies and quasi-independent state entities. [PL 2021, c. 702, §8 (NEW).] (TEXT EFFECTIVE UNTIL 2/01/26) The commission shall make the filing for each covered utility available for public comment for a period of no less than 60 days. The commission may order a covered utility to revise the filing to address any deficiencies. The commission may use the filing and the input received from interested parties in rate cases or other proceedings involving the covered utility. (TEXT EFFECTIVE 2/01/26) The commission shall make the filing for each covered utility available for public comment for a period of no less than 60 days. The commission may order a covered utility to revise the filing to address any deficiencies. The commission may use the filing and the input received from interested parties in rate cases or other proceedings involving the covered utility. In a competitive solicitation conducted by the commission, the commission may use the filings submitted pursuant to this subsection to develop requests for proposals, evaluate bids and negotiate agreements in order to optimize grid capacity. [PL 2021, c. 702, §8 (NEW); PL 2025, c. 293, §§4, 5 (AMD); PL 2025, c. 293, §8 (AFF).]

5. Access to information. Consistent with section 1311‑A , a covered utility shall ensure to the greatest extent practicable that any information related to the filing is provided in a forum accessible to interested parties and all relevant data and distribution planning modeling tools are available to interested parties. [PL 2021, c. 702, §8 (NEW).]

Nothing in this section prohibits the commission from holding additional proceedings if the commission determines it is necessary to meet the purposes of this section. [PL 2021, c. 702, §8 (NEW).]
35-A M.R.S. § 6804 — ME Code / Title 35-A / Part 6 / Chapter 68 / Section 6804
35-A §6804. Powers
Status: in_force

1. Powers. A regional water council may: A. Study an issue common to 2 or more of the members of the regional water council that it considers appropriate, including, but not limited to, matters affecting water supply, watershed protection, water use policies, regional economic conditions and future development; [PL 2005, c. 209, §1 (NEW).] B. Promote cooperative arrangements and coordinate action among members of the regional water council, including, but not limited to, providing purchasing, billing, accounting and customer services; [PL 2005, c. 209, §1 (NEW).] C. Make recommendations for review and action to the members of the regional water council and other public agencies that perform functions within the region; and [PL 2005, c. 209, §1 (NEW).] D. Exercise its powers and authority as a nonprofit corporation under Title 13‑B as necessary or desirable for dealing with issues of local or regional significance to its members, except that it may not exercise any power or authority that would cause the regional water council to become a water-related entity within this State. [PL 2017, c. 58, §4 (AMD).] [PL 2017, c. 58, §4 (AMD).]

2. Status. A regional water council is a nonprofit corporation and is not a governmental entity and is subject to all laws governing nonprofit corporations. [PL 2005, c. 209, §1 (NEW).]

3. Standing committee. A regional water council, by appropriate action of the governing bodies of its members, may establish a standing committee to prepare and maintain a comprehensive regional water plan. [PL 2005, c. 209, §1 (NEW).]
35-A M.R.S. § 1307 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1307
35-A §1307. Enforcement of decisions
Status: in_force

Upon application of the commission or of the Attorney General, the Superior Court has full jurisdiction to enforce the commission's order and to enforce the public utilities' performance of the duties imposed on them by law, including the appointment of receivers, agents and special masters and providing them with adequate authority to carry the order of the courts and of the commission into effect. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 110 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 110
35-A §110. Removal of commissioner
Status: in_force

Any willful violation of this Title by a commissioner constitutes sufficient cause for the commissioner's removal by the Governor, on the address of both branches of the Legislature or by impeachment pursuant to the Constitution of Maine, Article IX, Section 5. [RR 2021, c. 1, Pt. B, §395 (COR).]
35-A M.R.S. § 7105 — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7105
35-A §7105. Caller-ID
Status: in_force

Caller-ID services provided in this State are subject to the following. [PL 1991, c. 654, §4 (NEW); PL 1991, c. 654, §5 (AFF).]

1. Per-call blocking. At least 2 months prior to initiating any caller-ID service, and throughout the period that caller-ID service is offered to subscribers in this State, telephone utilities must advertise and immediately upon initiating such service must offer to all subscribers free per-call blocking. [PL 2011, c. 623, Pt. B, §25 (AMD).]

2. Per-line blocking. A telephone utility must provide per-line blocking to individuals, agencies and groups that submit a written request to the telephone utility asserting a specific need for per-line blocking for reasons of health and safety. Telephone utilities may not charge a subscriber a fee for the first per-line blocking or unblocking of the subscriber's line. Except as otherwise authorized by law or to confirm that a subscriber has made a valid request, telephone utilities may not disclose information concerning the request for per-line blocking submitted by an individual, agency or group. [PL 2011, c. 623, Pt. B, §25 (AMD).]

3. Penalty. [PL 2003, c. 505, §39 (RP).]
35-A M.R.S. § 3151 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3151
35-A §3151. Title
Status: in_force

This subchapter shall be known and may be cited as the "Electric Rate Reform Act." [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6401 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6401
35-A §6401. Purpose; scope and application; commission authority
Status: in_force

1. Purpose. The purpose of this chapter, which may be known and cited as the "Standard Water District Enabling Act," is to promote consistency among the powers and authorities of water districts in this State. The intent of this chapter is to suggest standard provisions that a district formed after January 1, 1997 may consider including in its charter. Except as specifically provided in subsection 2 , in recognition of the unique nature of each water district, its customers and its priorities, the suggested provisions are specifically not intended to be mandatory in nature and are not intended to apply to districts formed prior to January 1, 1997. [PL 1995, c. 616, §10 (NEW).]

2. Scope and application. The provisions of this chapter apply as follows. A. The following provisions apply to all water districts, regardless of when chartered, and any portion of a water district charter that is contrary to the provisions is void and of no effect: (1) Section 6410, subsection 7 ; (2) Section 6410, subsection 8 ; (3) Section 6413‑A ; and (4) Section 6414‑A . [PL 2003, c. 147, §1 (AMD).] B. The following provisions apply to all water districts formed on or after January 1, 1982: (1) Subsection 3 ; (2) Section 6410, subsection 5 ; and (3) Section 6416 . [PL 1995, c. 616, §10 (NEW).] C. Except as provided in paragraphs A and B or in subsection 3 or by charter or other provision of law, the provisions of this chapter do not apply to districts formed prior to January 1, 1997. [PL 1995, c. 616, §10 (NEW).] [PL 2003, c. 147, §1 (AMD).]

3. Water districts; commission authority. Notwithstanding any terms, conditions or limitations, either expressed or implied, in a special Act of the Legislature under which a district is organized or in any special Act of the Legislature under which a district is franchised, the commission may establish reasonable terms upon which water districts shall extinguish their long-term indebtedness. This subsection does not authorize the commission to alter the terms of any existing obligations of a water district. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 10208 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10208
35-A §10208. Rulemaking
Status: in_force

Rules adopted under this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 4156 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4156
35-A §4156. Remedies of bondholders and noteholders
Status: in_force

1. Default. In the event that the agency defaults in the payment of principal or interest on any bonds or notes issued under this chapter after it becomes due, whether at maturity or upon call for redemption and the default continues for a period of 30 days, or in the event that the agency fails or refuses to comply with this chapter, or defaults in any agreement made with the holders of an issue of bonds, notes or other evidences of indebtedness of the agency, the holders of 25% in aggregate principal amount of the bonds or notes of the issue then outstanding, by instrument or instruments filed in the office of the Secretary of State and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of those bonds or notes for the purposes provided in this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Trustee; duties. The trustee appointed in subsection 1 may, and upon written request of the holders of 25% in principal amount of the bonds and notes then outstanding shall, in the trustee's own name: A. Enforce all rights of the bondholders or noteholders, including the right to require the agency to fix and collect rates, fees and charges relating to projects or other obligations held by it adequate to carry out any agreement as to, or pledge of, the revenues of the agency and to require the agency to carry out any other agreements with the holders of the bonds or notes and to perform its duties under this chapter; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Enforce all rights of the bondholders or noteholders, including the right to take possession and control of the business and properties of the agency, operate and maintain the business, make any necessary repairs, renewals and replacements to them and fix, revise and collect fees and charges, so as to carry out any contract as to, or pledge of, revenues and require the agency to carry out and perform the terms of any contract with the holders of the bonds or notes or its duties under this chapter; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Bring suit upon all or any part of the bonds, notes or other evidences of indebtedness; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. By action or suit, require the agency to account as if it were the trustee of an express trust for the holders of the bonds, notes or other evidences of indebtedness; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. By action or suit, enjoin any acts which may be unlawful or in violation of the rights of the holders of the bonds, notes or other evidences of indebtedness; and [PL 1987, c. 141, Pt. A, §6 (NEW).] F. Declare all bonds, notes or other evidences of indebtedness due and payable and, if all defaults are made good, with the consent of the holders of 25% of the principal amount of the bonds or notes then outstanding, annul the declaration and its consequences. [PL 1987, c. 141, Pt. A, §6 (NEW).] The trustee shall, in addition to the powers set out in paragraphs A to F , possess all the powers necessary or appropriate for the exercise of any functions specifically set forth in this chapter or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Notice. Before declaring the principal of bonds, notes or other evidences of indebtedness due and payable, the trustee shall first give 30 days' notice in writing to the Governor, the agency and the Department of Attorney General. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Action. The Superior Court of Kennebec County has jurisdiction of any suit, action or proceeding by the trustee on behalf of the bondholders or noteholders. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2706 — ME Code / Title 35-A / Part 2 / Chapter 27 / Section 2706
35-A §2706. Civil liability for utility services wrongfully obtained
Status: in_force

A person may not obtain utility services by deception, threat or force or any other means designed to avoid due payment for the services that the person knows are available only for compensation and a person may not, having control over the disposition of utility services of another to which the person knows the person is not entitled, divert such utility services to the person's own benefit or to the benefit of some other person who the person knows is not entitled to the utility services. A person who violates this section is liable in a civil action to the utility providing the service for: [PL 2007, c. 553, §2 (NEW).]

1. Cost of service. The cost of the utility services wrongfully obtained or diverted plus interest on the value of those services based on an annual interest rate of 5%; [PL 2007, c. 553, §2 (NEW).]

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

3. Civil penalty. A civil penalty not to exceed $3,000 due and payable to the utility for each violation of this section. [PL 2021, c. 318, §9 (AMD).]

A person who is liable under this section may not pass on the cost of that liability, including any civil penalty assessed, to any tenants of that person who received diverted or wrongfully obtained utility services due to the actions of the liable person. [PL 2007, c. 553, §2 (NEW).]
35-A M.R.S. § 2701 — ME Code / Title 35-A / Part 2 / Chapter 27 / Section 2701
35-A §2701. Meters inspected and sealed
Status: in_force

1. Inspection of meters. No person may furnish for use any gas, water or electric meter in any municipality in which there is a duly appointed and qualified inspector of meters, unless the inspector has first inspected, approved, marked and sealed the meter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Testing accuracy of meters. Every person furnishing gas, water or electric current to consumers shall provide and keep upon its premises a proper apparatus to be approved and stamped by the inspector of meters for the municipality for testing and proving the accuracy of all gas, water and electric meters by which apparatus every meter furnished to a consumer shall be tested. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6414-A — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6414-A
35-A §6414-A. Water utilities; rate collection and liens
Status: in_force

All persons, firms and corporations, whether public, private or municipal, shall pay to the treasurer of any water district the rates established pursuant to chapter 61 for the water service used with respect to their real estate. [PL 2003, c. 147, §4 (NEW).]
35-A M.R.S. § 3494 — ME Code / Title 35-A / Part 3 / Chapter 34-D / Section 3494
35-A §3494. Decommissioning plan
Status: in_force

A decommissioning plan must: [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

1. Decommissioning. Provide for the decommissioning of a solar energy development. For any portion of the development located on land classified as farmland any time within 5 years preceding the start of construction of the development, the plan must provide for the restoration of that farmland upon decommissioning sufficient to support resumption of farming or agricultural activities; [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

2. Grading and revegetation of earth. Provide for the grading and revegetation of all earth disturbed during construction and decommissioning, except for areas already restored; and [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

3. Financial capacity. Include demonstration of current and future financial capacity, which must be unaffected by the owner's or operator's future financial condition, to fully fund decommissioning in accordance with an approved decommissioning plan under this chapter. [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]
35-A M.R.S. § 10313 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10313
35-A §10313. Competitive solicitations
Status: in_force

The department is responsible for initiating and conducting procurements for energy, associated environmental attributes or other services from renewable and clean resources. For the purposes of this section, "renewable and clean resources" means generation eligible for any portfolio requirement in section 3210 , energy storage, demand management or related transmission. Beginning January 15, 2027, and every 2 years thereafter, the department shall conduct one or more competitive solicitations during the following 2-year period to procure renewable and clean resources, which may include environmental attributes through long-term contracts if the department determines procurement is necessary to achieve the requirements of section 3210 or Title 38, section 576‑A or 577 , to meet and manage reasonably expected growth in electricity demand or to meet reliability needs or the department determines is otherwise necessary based on the comprehensive state energy plan prepared pursuant to section 10305, subsection 1 . These contracts are not subject to the rules of the Chief Procurement Officer. [RR 2025, c. 1, Pt. A, §49 (COR).]

1. Objectives. The department shall conduct competitive solicitation under this section in a manner consistent with the following objectives: A. To provide the benefits of renewable and clean resources to ratepayers in the State; [PL 2025, c. 476, Pt. A, §16 (NEW).] B. To provide the benefits of renewable and clean resources toward meeting the greenhouse gas reduction obligations and climate policies established by Title 38, sections 576‑A and 577 ; [PL 2025, c. 476, Pt. A, §16 (NEW).] C. To contribute to the State's economic and workforce goals, including through the actions detailed in section 3210‑I, subsection 3, paragraph D , subparagraph (2); [PL 2025, c. 476, Pt. A, §16 (NEW).] D. To minimize the impact of energy generation on the environment of the State; [PL 2025, c. 476, Pt. A, §16 (NEW).] E. To ensure the protection of low-income ratepayers; and [PL 2025, c. 476, Pt. A, §16 (NEW).] F. To avoid or minimize the curtailment of other renewable or clean resources. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Solicitation initiation. If the department determines one or more competitive solicitations are necessary based on the comprehensive state energy plan required pursuant to section 10305, subsection 1 and related analysis, the department shall initiate solicitations in order to select resources for contracts under this section. The department shall determine the total amount sought in all competitive solicitations within any 2-year period under this section in accordance with the state energy plan, except that the amount may not exceed 15% of the average annual statewide electric retail sales in the preceding 2-year period. A. The department shall develop a request for proposals for each competitive solicitation that meets the requirements of subsection 3 . [PL 2025, c. 476, Pt. A, §16 (NEW).] B. The department shall consult with the Office of the Public Advocate in developing a request for proposals. The department may also solicit public input, including through requests for information, to obtain information prior to publishing any final competitive solicitation. [PL 2025, c. 476, Pt. A, §16 (NEW).] C. The department shall submit a request for proposals to the commission for approval prior to its issuance. The commission shall approve or reject a request for proposals submitted by the department in accordance with this section as expeditiously as possible but within 120 calendar days, unless a longer period is requested by the department. The commission shall approve a request for proposals upon finding that it conforms to the requirements of subsection 3 , is reasonably likely to result in one or more contracts that provide benefits to ratepayers in the State in excess of any costs to ratepayers as a result of the contract and is reasonably likely to result in competitive bids. [PL 2025, c. 476, Pt. A, §16 (NEW).] D. The department may hire expert consultants necessary to assist in the development of the competitive solicitation and evaluation of proposals. [PL 2025, c. 476, Pt. A, §16 (NEW).] E. The department may coordinate a competitive solicitation with other governmental entities or entities designated by those jurisdictions or transmission and distribution utilities. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

3. Solicitation requirements. A competitive solicitation under this section must be conducted using a request for proposals. A request for proposals must include, but is not limited to: A. Criteria to determine the eligibility of prospective bidders; [PL 2025, c. 476, Pt. A, §16 (NEW).] B. Criteria to determine the eligibility of submitted projects; [PL 2025, c. 476, Pt. A, §16 (NEW).] C. Criteria to determine the selection of awarded projects, including criteria to determine ratepayer benefits and costs consistent with subsection 1 ; [PL 2025, c. 476, Pt. A, §16 (NEW).] D. A process for the submission of questions by prospective bidders and the provisions of responses by the department in a manner that is equally accessible to all prospective bidders; [PL 2025, c. 476, Pt. A, §16 (NEW).] E. A timeline with expected dates for each phase of the bidding and evaluation process; [PL 2025, c. 476, Pt. A, §16 (NEW).] F. A standard form contract, which must include commercially reasonable terms and terms that to the extent practicable avoid or minimize the curtailment of other renewable or clean resources and protect ratepayers from impacts of negative pricing, and may not be for a term greater than 20 years, unless a different term is determined by the commission to be in the public interest; [PL 2025, c. 476, Pt. A, §16 (NEW).] G. Notice of state wage, safety and apprenticeship requirements that may be required based on the solicitation type; and [PL 2025, c. 476, Pt. A, §16 (NEW).] H. Any necessary materials or templates to enable submission of comparable and competitive bids. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

4. Evaluation and selection. The department shall evaluate and select proposals in accordance with this subsection. The department may coordinate with other entities, including, but not limited to, state agencies, the Office of the Public Advocate, transmission and distribution utilities, other states and the independent system operator of the New England bulk power system or a successor organization, in the evaluation and selection of proposals under this section. The department may find a submitted proposal ineligible if the department, at its sole discretion, determines the proposal does not conform to the criteria established in the request for proposals. A. In evaluating eligible proposals and selecting one or more proposals for contract awards, the department shall give the greatest weight to the benefits to ratepayers. The department may not select a proposal for a contract award unless the department determines the proposal is reasonably likely to provide benefits to ratepayers in the State in excess of any costs to ratepayers as a result of the contract. [PL 2025, c. 476, Pt. A, §16 (NEW).] B. In selecting projects that meet the requirements of paragraph A, the department shall also weigh factors consistent with the objectives established in subsection 1, as long as the factors and weight are consistent with the criteria established pursuant to subsection 3, paragraph C . [PL 2025, c. 476, Pt. A, §16 (NEW).] C. The department shall evaluate and to the extent practicable, select proposals that avoid or minimize negative impact on other renewable or clean generation due to congestion and curtailment. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

5. Wage, safety and apprenticeship standards. If the department selects a project for a contract for energy from an assisted project located in the State as defined in Title 26, section 1304, subsection 1‑A , the department shall ensure that standards under the contract applicable to contractors and subcontractors involved in the project's construction include requirements that a contractor or subcontractor: A. Ensure that all construction workers earn compensation at or above the prevailing hourly wage as described in Title 26, section 1308 ; and [PL 2025, c. 476, Pt. A, §16 (NEW).] B. Meet the requirements described in Title 26, sections 1301 , 1317 and 3502 . [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

6. Contracts. Contracts must be based on the standard form contract required by subsection 3, paragraph F . The department may coordinate with any entity listed in subsection 4 in the negotiation of contracts. The department or a transmission and distribution utility may make a request to file information relevant to the contract negotiations with the commission pursuant to a protective order. [PL 2025, c. 476, Pt. A, §16 (NEW).]

7. Commission approval. The department shall submit contracts negotiated pursuant to subsection 6 to the commission for approval, and the commission shall approve a contract upon finding that: A. The solicitation process conducted by the department conformed to the requirements of this section; [PL 2025, c. 476, Pt. A, §16 (NEW).] B. The contract is commercially reasonable; and [PL 2025, c. 476, Pt. A, §16 (NEW).] C. The contract is reasonably likely to provide benefits to ratepayers in the State in excess of any costs to ratepayers as a result of the contract, as determined using the criteria established pursuant to subsection 3, paragraph C . [PL 2025, c. 476, Pt. A, §16 (NEW).] If the commission approves a contract, the commission shall issue an order directing a transmission and distribution utility to act with respect to the contract within 120 calendar days, unless a longer period is requested by the department. If the commission does not approve a contract, the commission may direct that the contract be amended and resubmitted to the commission for approval. [PL 2025, c. 476, Pt. A, §16 (NEW).]

8. Bidding fees. The department may require a bidder to pay a reasonable and nonrefundable bidding fee to defray the department's administrative costs associated with a solicitation, as well as financial security due at contract execution, which may be at risk if projects fail to meet project milestones. The department may require a transmission and distribution utility to hold those fees. A bidding fee must be set forth in the request for proposals required by subsection 2. [PL 2025, c. 476, Pt. A, §16 (NEW).]

9. Confidentiality. Proposals submitted in response to a solicitation and materials created or submitted during contract negotiations pursuant to this section are confidential and may not be disclosed. [PL 2025, c. 476, Pt. A, §16 (NEW).]

10. Commission rules. The commission shall establish a process by rule for the review of requests for proposals under subsection 2, paragraph C and the review of contracts under subsection 7 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2025, c. 1, Pt. A, §50 (COR).]
35-A M.R.S. § 103-A — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 103-A
35-A §103-A. Climate requirements
Status: in_force

In executing its duties, powers and regulatory functions under this Title, the commission, while ensuring system reliability and resource adequacy, shall facilitate the achievement by the State of the greenhouse gas emissions reduction levels set forth in Title 38, section 576‑A . [PL 2021, c. 279, §2 (NEW).]
35-A M.R.S. § 9410 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9410
35-A §9410. Liberal construction
Status: in_force

This chapter, being necessary for the welfare of the State and its inhabitants, must be liberally construed. In the event of any conflict between this chapter and any other law, this chapter prevails, but the power and authority granted is deemed to be in addition to and not in derogation of power and authority granted by any other law. [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 3702 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3702
35-A §3702. Purpose
Status: in_force

Cooperative nonprofit membership corporations may be organized under this chapter for the purpose of supplying electricity and promoting and extending the use of electricity. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3171 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3171
35-A §3171. Title
Status: in_force

This subchapter may be known and cited as the "Older Citizens Transmission and Distribution Service Policy." [PL 1999, c. 398, Pt. A, §66 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 3497 — ME Code / Title 35-A / Part 3 / Chapter 34-D / Section 3497
35-A §3497. Applicability
Status: in_force

This chapter applies to a solar energy development with ground-mounted solar panels occupying 3 or more acres on which construction begins on or after October 1, 2021 and to any other solar energy development with ground-mounted solar panels occupying 3 or more acres that undergoes a transfer of ownership on or after October 1, 2021. [PL 2023, c. 215, §2 (NEW).]
35-A M.R.S. § 10105 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10105
35-A §10105. Powers, duties and limitations
Status: in_force

1. Funds. The trust shall administer programs and funds in accordance with this chapter and other applicable laws. [PL 2009, c. 372, Pt. B, §3 (NEW).]

2. Efficiency Maine projects; bonds. The board shall propose, develop and approve revenue bond projects as Efficiency Maine projects under Title 10, section 963‑A, subsection 10‑A . [PL 2009, c. 372, Pt. B, §3 (NEW).]

3. Bylaws. The trust shall adopt bylaws, through the board, consistent with this section for the governance of its affairs. [PL 2009, c. 372, Pt. B, §3 (NEW).]

4. Chief Procurement Officer rules. Notwithstanding Title 5, section 1831 , the trust is not subject to rules adopted by the Chief Procurement Officer in selecting service providers pursuant to this chapter. The trust shall consider delivery of programs by means of contracts with service providers that participate in competitive bid processes for providing services within individual market segments or for particular end uses. [PL 2023, c. 516, Pt. B, §51 (AMD).]

5. Rules. The board shall adopt rules for establishing and administering the trust and its programs. These rules must include: A. Provisions for the expenditure of trust funds, including, but not limited to, the development of program budgets, criteria for energy efficiency and conservation programs and other consumer benefit programs, the process for project selection and approval, minimum requirements for project monitoring and verification and the cost-effectiveness tests to be used for measuring and comparing program benefits and costs; and [PL 2009, c. 372, Pt. B, §3 (NEW).] B. Provisions for the independent evaluation of program expenditures to ensure cost-effectiveness of projects to improve energy efficiency or to reduce greenhouse gases. [PL 2009, c. 372, Pt. B, §3 (NEW).] Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 372, Pt. B, §3 (NEW).]

6. Self-dealing prohibited. In the operation or dissolution of the trust, no part of the net earnings of the trust may benefit any trustee, officer or employee except that the trust may pay reasonable compensation for services rendered and otherwise hold, manage and dispose of its property in furtherance of the purposes of the trust. [PL 2009, c. 372, Pt. B, §3 (NEW).]

7. Recommendations; advisory groups. The trust may make recommendations to the Governor, the Legislature and other public officials regarding energy efficiency, weatherization and renewable energy programs. The trust may establish technical advisory groups as needed for the purposes of gathering technical knowledge on any aspect of energy conservation or policy. [PL 2009, c. 372, Pt. B, §3 (NEW).]

8. Powers. The trust may: A. Make, modify and carry out any agreement necessary or useful for performing any of its powers, duties or purposes, including without limitation any construction agreement, purchase or acquisition agreement, loan or lease agreement, energy performance contract, partnership agreement, limited partnership agreement, joint venture agreement, participation agreement or agreement with a leasing corporation or other financial intermediary; [PL 2021, c. 600, §1 (NEW).] B. Obtain any certification, warranty, affidavit or other representation necessary or useful for performing any of its powers or duties; [PL 2021, c. 600, §1 (NEW).] C. Insure or guarantee performance of any loan agreement or other obligation and procure insurance in aid of any of the trust’s purposes; [PL 2021, c. 600, §1 (NEW).] D. Procure professional services including, but not limited to, audit, banking, legal, communications, energy, engineering, evaluation, financial, information technology, media, research and analysis and website management services; and [PL 2021, c. 600, §1 (NEW).] E. Acquire, use, improve or dispose of any interest in or type of real or personal property, including by means of grant, purchase, sale, borrowing, loan, lease, foreclosure, mortgage, lien, security interest, assignment or other lawful means, with or without public bidding, and also including the assessment of fees, the receipt of reimbursements for expenses incurred in carrying out its purposes and the expenditure or investment of its funds. [PL 2021, c. 600, §1 (NEW).] [PL 2021, c. 600, §1 (NEW).]
35-A M.R.S. § 6109 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6109
35-A §6109. Sale of land by consumer-owned water utility
Status: in_force

The following provisions govern the sale or transfer by a consumer-owned water utility of land or property owned by that water utility for the purposes of providing a source of supply, storing water or protecting sources of supply or water storage, including reservoirs, lakes, ponds, rivers and streams, land surrounding or adjoining reservoirs, lakes, ponds, rivers or streams, wetlands and watershed areas. [PL 1989, c. 685 (NEW); PL 1989, c. 733, §1 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).]

1. Notice of proposed sale. A consumer-owned water utility shall, at least 8 months prior to the sale of land under this section, give notice of that proposed sale to the commission. The utility shall provide additional notice as prescribed by rule by the commission as follows. A. Notice must be given to the municipality or municipalities where the land is located. [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).] B. One notice must be given to each of the customers of the consumer-owned water utility in a manner prescribed by the commission. [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).] C. Notice must be published in a newspaper of general circulation in the area encompassed by the consumer-owned water utility. [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).] [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).]

2. Time of sale. Land subject to the provisions of this section may not be sold within the first 8 months after notice of the proposed sale has been given to the commission unless all or part of that time period is waived by the commission for good cause shown. [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).]

3. Sale at a price below market value. The trustees of a consumer-owned water utility may sell land to the State, an agency of the State, a municipality or other governmental body, or a private nonprofit organization at a price below market value. Land purchased under this subsection must be used for: A. The purposes of retaining or protecting the natural scenic or open-space values of the property; [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).] B. Assuring the availability of the property for recreational or open-space use; [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).] C. Protecting natural resources; or [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).] D. Maintaining or enhancing air or water quality. [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).] The sale of consumer-owned water utility land pursuant to this subsection may not be considered unreasonable or imprudent solely by reason of its sale at a price below market value. [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).]

4. Rules. The commission may promulgate rules to implement this section, including, but not limited to, rules governing the authority of the ratepayers of the consumer-owned water utility to endorse or prohibit the sale of land by a consumer-owned water utility under this section and to prohibit or endorse any condition of that sale. [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).]

5. Right of first refusal. The municipality in which the land is located shall have the right of first refusal to purchase any land that lies within that municipality's boundaries and is offered for sale under this section. That right is assignable by the municipality. [PL 1989, c. 685 (NEW); PL 1989, c. 878, Pt. F, §4 (RPR).]
35-A M.R.S. § 3481 — ME Code / Title 35-A / Part 3 / Chapter 34-C / Section 3481
35-A §3481. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 478, Pt. B, §1 (NEW).]

1. Bid rate. "Bid rate" means the rate proposed under a qualified bid for the output of a distributed generation resource in response to a competitive procurement solicitation. [PL 2019, c. 478, Pt. B, §1 (NEW).]

2. Clearing price. "Clearing price" means the highest bid rate accepted by the commission for a procurement under this chapter. [PL 2019, c. 478, Pt. B, §1 (NEW).]

3. Commercial or institutional customer. "Commercial or institutional customer" means a nonresidential customer of an investor‑owned transmission and distribution utility in the State. [PL 2019, c. 478, Pt. B, §1 (NEW).]

4. Credit rate. "Credit rate" means the per‑kilowatt‑hour rate used to calculate the monetary value of a distributed generation resource. The credit rate is equal to the per‑kilowatt‑hour rate in the long‑term contracts entered into between a standard buyer or a transmission and distribution utility and a project sponsor and must be the same for all subscribers of a particular shared distributed generation resource. [PL 2019, c. 478, Pt. B, §1 (NEW).]

5. Distributed generation resource. "Distributed generation resource" means an electric generating facility with a nameplate capacity of less than 5 megawatts that uses a renewable fuel or technology under section 3210, subsection 2, paragraph B‑3 and is located in the service territory of a transmission and distribution utility in the State. [PL 2019, c. 478, Pt. B, §1 (NEW).]

6. Energy storage system. "Energy storage system" means a commercially available technology that uses mechanical, chemical or thermal processes for absorbing energy and storing it for a period of time for use at a later time. [PL 2019, c. 478, Pt. B, §1 (NEW).]

7. Investor-owned transmission and distribution utility. "Investor-owned transmission and distribution utility" has the same meaning as in section 3104, subsection 1, paragraph A . [PL 2019, c. 478, Pt. B, §1 (NEW).]

8. Kilowatt. "Kilowatt" means 1,000 watts, measured in alternating current. [PL 2019, c. 478, Pt. B, §1 (NEW).]

9. Kilowatt-hour. "Kilowatt‑hour" means one kilowatt of power sustained for one hour. [PL 2019, c. 478, Pt. B, §1 (NEW).]

10. Megawatt. "Megawatt" means 1,000,000 watts, measured in alternating current. When used in reference to a generation resource, a megawatt is measured by the generator's nameplate capacity. [PL 2019, c. 478, Pt. B, §1 (NEW).]

11. Nameplate capacity. "Nameplate capacity" means the installed or rated capacity of a power generator. [PL 2019, c. 478, Pt. B, §1 (NEW).]

12. Offer. "Offer" means a proposal to install and operate a distributed generation resource of a specified capacity in exchange for a contract with a standard buyer designated pursuant to section 3483 . [PL 2019, c. 478, Pt. B, §1 (NEW).]

13. Output. "Output" means energy, capacity, renewable energy certificates and all other environmental attributes and market products that are available or may become available from a distributed generation resource. [PL 2019, c. 478, Pt. B, §1 (NEW).]

14. Project sponsor. "Project sponsor" means an entity or its successor or assignee that owns or operates: A. A shared distributed generation resource on behalf of subscribers; or [PL 2019, c. 478, Pt. B, §1 (NEW).] B. A commercial or institutional distributed generation resource. [PL 2019, c. 478, Pt. B, §1 (NEW).] [PL 2019, c. 478, Pt. B, §1 (NEW).]

15. Qualified bid. "Qualified bid" means a bid to supply the output from a distributed generation resource that the commission determines meets the minimum qualification requirements established by rule. [PL 2019, c. 478, Pt. B, §1 (NEW).]

16. Rate. "Rate" means a price per kilowatt‑hour of delivered energy as measured by a revenue grade meter, as defined by the commission by rule, at a distributed generation resource's point of connection to the electric grid. [PL 2019, c. 478, Pt. B, §1 (NEW).]

17. Shared distributed generation resource. "Shared distributed generation resource" means a distributed generation resource that is selected in a procurement under section 3486 the beneficial use of the output of which is owned by or allocated to subscribers. [PL 2019, c. 478, Pt. B, §1 (NEW).]

18. Subscriber. "Subscriber" means a retail customer of a transmission and distribution utility that owns or has the right to a subscription and that has identified an account to which the subscription is attributed. [PL 2019, c. 478, Pt. B, §1 (NEW).]

19. Subscription. "Subscription" means a proportional interest in a shared distributed generation resource. Each subscription must be sized to represent at least one kilowatt of the resource's generating capacity. [PL 2019, c. 478, Pt. B, §1 (NEW).]
35-A M.R.S. § 7227 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7227
35-A §7227. Rules
Status: in_force

The commission shall adopt rules to implement this subchapter. Except as otherwise provided in this subchapter, rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 1706 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1706
35-A §1706. Expert witnesses
Status: in_force

The Public Advocate may employ expert witnesses and pay appropriate compensation and expenses to employ the witnesses. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1911 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1911
35-A §1911. Reports
Status: in_force

The commission shall include in its annual report under section 120, subsection 3 a description of its efforts to pursue, in appropriate regional and federal forums, market and rule changes that will reduce the basis differential for natural gas coming into New England. [PL 2023, c. 77, §5 (AMD).]
35-A M.R.S. § 10129 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10129
35-A §10129. Maine Clean Energy and Sustainability Accelerator (REALLOCATED FROM TITLE 35-A, SECTION 10128)
Status: in_force

(REALLOCATED FROM TITLE 35-A, SECTION 10128)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Accelerator" means the Maine Clean Energy and Sustainability Accelerator established under subsection 2 . [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] B. "Alternative fuel vehicle project" means any project, technology, product, service, function or measure that supports the development or deployment of alternative fuels used for electricity generation, alternative fuel vehicles and related infrastructure, including infrastructure for electric vehicle charging stations, and that does not include the combustion of fossil fuels. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] C. "Demand response project" means any project, technology, product, service, function or measure that changes the usage of electricity by retail customers from normal consumption patterns in response to: (1) Changes in the price of electricity over time; or (2) Incentive payments designed to induce lower electricity use at times of high market prices or when system reliability is jeopardized. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] D. "Electrification" means the installation, construction or use of end-use electric technology that replaces existing technology based on fossil fuel consumption. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] E. "Energy efficiency project" means any project, technology, product, service, function or measure that results in the reduction of energy use required to achieve the same level of service or output obtained before the application of the project, technology, product, service, function or measure. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] F. "Fuel switching" means any project that replaces a heating system or industrial process using fossil fuels with a system or process that uses a different fuel and achieves lower net greenhouse gas emissions. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] G. "Greenhouse gas" has the same meaning as in Title 38, section 574, subsection 1 . [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] G-1. "Lease" means a transfer of the right to possession and use of property, goods or equipment in connection with a qualified project for a term in return for consideration. A lease may include or use a finance lease, a municipal lease as defined under Title 30‑A, section 6006‑C , a lease-purchase agreement, an installment sales contract or a similar property acquisition and financing arrangement. [PL 2021, c. 600, §2 (NEW).] H. "Microgrid" means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that acts as a single controllable entity in a larger electrical grid and that can connect to and disconnect from the larger grid to operate in either grid-connected or isolation mode. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] I. "Qualified projects'' means the following kinds of technologies and activities that are eligible for financing and investment from the accelerator: (1) Renewable energy generation, including: (a) Solar, wind and geothermal projects; (b) Projects using small-scale hydropower that produce 30 megawatts or less of electricity as long as such a project provides 95% or greater efficiency for upstream and downstream passage for diadromous fish species present downstream of the project; (c) Projects using ocean and hydrokinetic power generation; (d) Projects using fuel cells to store energy; and (e) Projects that are biomass generators fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes; (2) Building energy efficiency, fuel switching and electrification; (3) Industrial decarbonization; (4) Grid technology such as storage to support clean energy distribution, including microgrids and smart grid applications as described in section 3143 ; (5) Clean transportation, including battery electric vehicles, plug-in hybrid electric vehicles, hydrogen vehicles, other zero-emissions fueled vehicles, related vehicle charging and fueling infrastructure and low-emissions mass public transit; and (6) Any other key areas identified by the board as consistent with the mandate of the accelerator as described in subsection 3 . [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] J. "Renewable energy generation" means electricity created by sources that are continually replenished by nature, such as the sun, wind and water. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] K. "Renewable energy project" means the development, construction, deployment, alteration or repair of any project, technology, product, service, function or measure that generates electric power from renewable energy. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] K-1. "Security interest" means an interest in property created by agreement for the purpose of securing payment or performance of an obligation or indemnifying against loss or liability. A security interest may include, but is not limited to, a mortgage, a pledge, a security agreement, a purchase-money security interest, a financing statement, assignments of leases and rents or other forms of lien or encumbrance. [PL 2021, c. 600, §3 (NEW).] L. "System efficiency project" means the development, construction, deployment, alteration or repair of any distributed generation system, energy storage system, smart grid technology, advanced battery system, microgrid system, fuel cell system or combined heat and power systems. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] M. "Vulnerable communities" means: (1) Low-income communities, defined as any geographical unit for which the United States Census Bureau publishes sample data in which 30% or more of the population are individuals with low income; (2) Low-income households, defined as a household with annual income equal to, or less than, the greater of: (a) An amount equal to 80% of the median income of the area in which the household is located, as reported by the federal Department of Housing and Urban Development; and (b) Two hundred percent of the federal poverty line; and (3) Communities of color and tribal communities, which include any geographically distinct area in which the population of color is higher than the average population of color of the State. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] [PL 2021, c. 600, §§2, 3 (AMD).]

2. Establishment. The Maine Clean Energy and Sustainability Accelerator is established under the trust and is administered by the trust as a dedicated, specialized finance program designed to drive private capital into market gaps for goods and services producing low or zero greenhouse gas emissions and use finance tools to mitigate climate change; that does not take deposits; that is funded by government, public, private or charitable contributions as described in subsection 7 ; and that invests in or finances projects alone or in conjunction with other investors. [PL 2021, c. 600, §4 (AMD).]

3. Mandate. The accelerator shall help this State combat the causes and effects of climate change through the rapid deployment of mature technologies and the commercialization and scaling of new technologies by maximizing the reduction of greenhouse gas emissions in this State for every dollar deployed by the accelerator, including by: A. Providing financing support for investments in low-emissions and zero-emissions technologies and processes in order to rapidly accelerate market penetration; [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] B. Catalyzing and mobilizing private capital through public investment and supporting a more robust marketplace for clean technologies, while minimizing competition with private investment; [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] C. Enabling communities affected by climate change to benefit from and afford projects and investments that reduce greenhouse gas emissions; [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] D. Providing support for workers and communities affected by the transition to a low-carbon economy; and [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] E. Causing the rapid transition to a clean energy economy without raising energy costs to end users and seeking to lower costs when possible. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).]

4. Finance and investment. The following provisions govern the finance and investment activities of the accelerator. A. The accelerator may provide finance and investment services, including but not limited to: (1) Originating, evaluating, underwriting and closing financing and investment transactions in qualified projects; (2) Partnering with private capital providers and capital markets to attract co-investment from private banks, community development financial institutions, investors and others in order to drive new investment into underpenetrated markets, to increase the efficiency of private capital markets with respect to investing in greenhouse gas reduction projects and to increase total investment caused by the accelerator; (3) Managing the accelerator's portfolio of assets to ensure performance and monitor risk; (4) Ensuring appropriate debt and risk mitigation products are offered; (5) Overseeing prudent, noncontrolling equity investments in businesses engaged in building, developing, financing, owning, operating or supplying materials for qualified projects; and (6) Lending money or otherwise extending credit to any person and exercising all powers of a lender or creditor, including obtaining, perfecting and enforcing security interests. [PL 2021, c. 600, §5 (AMD).] B. The accelerator may provide capital to qualified projects in the form of: (1) Debt financing; (2) Credit enhancements, including loan loss reserves and loan guarantees; (3) Aggregation and warehousing; (4) Equity capital; (5) Any other financial product approved by the board; (6) Leases; and (7) Direct loans. [PL 2025, c. 223, §1 (AMD).] [PL 2025, c. 223, §1 (AMD).]

5. Zero-emissions fleet and related infrastructure financing program. The accelerator shall explore the establishment of a program to provide low-interest and zero-interest loans, up to 30 years in length, to any school, municipal planning organization or nonprofit organization seeking financing for the acquisition of zero greenhouse gas emissions vehicle fleets or associated infrastructure to support zero greenhouse gas emissions vehicle fleets. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).]

6. Project prioritization and requirements. The following provisions govern project prioritization and requirements. A. While investing in projects that mitigate greenhouse gas emissions, the accelerator shall maximize the reduction of greenhouse gas emissions in this State for every dollar deployed by the accelerator. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] B. The accelerator shall ensure that 40% of its investment activity is directed to serve vulnerable communities. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] C. For any project exceeding $100,000 in total costs that is financed in whole or in part by the accelerator, the accelerator shall ensure that, for those portions of the project that are funded by the accelerator, any workers employed by contractors and subcontractors conducting construction work on those portions are paid wages not less than those prevailing on similar construction in the locality. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).]

7. Administration. The following provisions govern administration. A. The accelerator may be capitalized with: (1) Federal funds available from a national clean energy and sustainability accelerator and may accept other federal funds as available; (2) State funds appropriated or allocated for purposes consistent with this section; (3) Revenues of the trust received from transmission and distribution utilities, natural gas utilities, the Regional Greenhouse Gas Initiative Trust Fund established by section 10109, subsection 2 and the New England independent system operator; (4) Funds from settlements approved by the commission, the Office of the Attorney General or any governmental subdivision of the State or its agencies; or (5) Any other public or private sources as may be approved by the board. [PL 2021, c. 600, §6 (RPR).] B. To sustain operations, the accelerator shall manage revenue from financing fees, interest, repaid loans and other types of funding. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] C. The accelerator shall create a publicly available annual report that describes the financial activities, greenhouse gas emissions reductions and private capital mobilization metrics of the accelerator for the previous year. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] D. The accelerator may not accept deposits. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] E. The accelerator may accept and use philanthropic funds. [PL 2021, c. 358, §2 (NEW); RR 2021, c. 1, Pt. A, §40 (RAL).] [PL 2021, c. 600, §6 (AMD).]
35-A M.R.S. § 4512 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4512
35-A §4512. Compliance with orders
Status: in_force

A natural gas pipeline utility subject to this chapter shall comply immediately with any proper order of the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Failure to comply. [PL 2003, c. 505, §31 (RP).]

2. Damages. In addition to the administrative penalty imposed pursuant to this Title, a natural gas pipeline utility that fails to comply with an order of the commission shall reimburse any person whose property is damaged as a result of the failure for the amount of the property damage and be liable in double damages for any injury resulting to a person from the failure. [PL 2003, c. 505, §32 (AMD).]
35-A M.R.S. § 2305-A — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2305-A
35-A §2305-A. Transmission and distribution utilities and telephone providers to conform to standards
Status: repealed

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Cable television company" has the same meaning as in Title 30‑A, section 2001 . [PL 1995, c. 349, §3 (NEW).] B. "Most recent edition of the Standard" means the 1993 edition or any subsequent edition of the Standard adopted by the commission pursuant to this section. [PL 1995, c. 349, §3 (NEW).] C. "Standard" means the National Electrical Safety Code (NESC)-ANSI-C2. [PL 1995, c. 349, §3 (NEW).] [PL 1995, c. 349, §3 (NEW).]

2. Applicable national standard. Except as otherwise provided in this section or by rule of the commission adopted pursuant to this section, every transmission and distribution utility, entity authorized under section 2301 to construct lines and cable television company shall design, construct, operate and maintain its lines and equipment in conformance with the applicable provisions of the most recent edition of the Standard. [PL 2011, c. 623, Pt. B, §7 (AMD).]

3. Review of standards by commission. Whenever a new or revised edition of the Standard is published, a transmission and distribution utility, entity authorized under section 2301 to construct lines or cable television company may request the commission to hold a hearing on whether the new or revised Standard should be adopted. A. If a hearing is requested within 120 days of the publication of the new or revised Standard, the commission shall hold a hearing and shall either adopt the new or revised Standard or, pursuant to subsection 4 , amend or reject the new or revised Standard. If a hearing is requested and held under this paragraph, the new or revised Standard does not go into effect in any form except as expressly provided by the commission in its order. [PL 1995, c. 349, §3 (NEW).] B. If a hearing is not requested within 120 days of the publication of the new or revised Standard, the commission is deemed to have adopted the new or revised Standard effective on the 180th day after publication. Existing facilities that meet the requirements of the previously applicable Standard but which do not meet the requirements of the new or revised Standard may remain in noncompliance only if grandfathered under the new edition. [PL 1995, c. 349, §3 (NEW).] [PL 2011, c. 623, Pt. B, §7 (AMD).]

4. Modifications, deletions and waivers to Standard. The commission may, at its discretion and after appropriate hearing, modify, delete or waive individual requirements of the Standard. The commission may make a modification or deletion or grant a waiver of a national standard of practice contained in the Standard only if it finds one of the following: A. Other measures achieving equivalent levels of safety will be substituted for the modified, deleted or waived national standard; or [PL 1995, c. 349, §3 (NEW).] B. The national standard is not applicable or is unduly burdensome for the level of safety achieved under local conditions. [PL 1995, c. 349, §3 (NEW).] Modifications, deletions or waivers of individual requirements of the Standard remain in force until the next edition of the Standard is adopted by the commission pursuant to subsection 3 or the modification, deletion or waiver is repealed by the commission, whichever occurs first. Pursuant to subsection 3, paragraph A , a transmission and distribution utility, entity authorized under section 2301 to construct lines or cable television company may petition the commission to continue approved modifications, deletions or waivers under a new or revised Standard. Unless the commission reaffirms a modification, deletion or waiver in its order adopting a new or revised Standard, a modification, deletion or waiver is deemed repealed on adoption of the new or revised Standard. [PL 2011, c. 623, Pt. B, §7 (AMD).]

5. Additional safety measures. The commission may, at its discretion and after appropriate hearing, require safety measures in addition to those required by the Standard. An additional requirement remains in force for 10 years from its effective date unless the commission: A. Repeals the requirement; or [PL 1995, c. 349, §3 (NEW).] B. Reaffirms the requirement by order. Each reaffirmation must occur within 10 years of the original effective date of the requirement or within 10 years of the last affirmation. [PL 1995, c. 349, §3 (NEW).] [PL 1995, c. 349, §3 (NEW).]
35-A M.R.S. § 10311 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10311
35-A §10311. Distributed Solar and Energy Storage Program
Status: in_force

The Distributed Solar and Energy Storage Program is established to provide funding to foster the continued growth of cost-effective distributed solar facilities and energy storage systems in this State. The department, as funding allows, shall develop the program. [PL 2025, c. 476, Pt. A, §16 (NEW).]

1. Definitions. As used in this section, the following terms have the following meanings. A. "Combined project" means a distributed solar facility that is paired with an energy storage system. [PL 2025, c. 476, Pt. A, §16 (NEW).] B. "Distributed solar facility" means a solar generating facility interconnected to a transmission and distribution utility as defined in section 102, subsection 20‑B . [PL 2025, c. 476, Pt. A, §16 (NEW).] C. "Energy storage system" has the same meaning as in section 3481, subsection 6 . [PL 2025, c. 476, Pt. A, §16 (NEW).] D. "Program" means the Distributed Solar and Energy Storage Program established in this section. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Program development. The program must be designed to obtain and provide available federal funds to support cost-effective distributed solar facilities and energy storage systems. The department shall consult with the commission in developing and administering the program. [PL 2025, c. 476, Pt. A, §16 (NEW).]

3. Funding. In order to support the department's activities in administering the program, the department may request funds from the commission for the department's administrative costs, which may include, but are not limited to, costs associated with hiring consultants and department personnel and contracting for technical analyses. Notwithstanding section 117 , if the department requests funding in accordance with this subsection, the commission may provide funding, to the extent available, from the Public Utilities Commission Reimbursement Fund under section 117 . If the Public Utilities Commission Reimbursement Fund does not have sufficient funding, notwithstanding section 116, subsection 4 , the commission may provide funding from the Public Utilities Commission Regulatory Fund in accordance with this subsection. [PL 2025, c. 476, Pt. A, §16 (NEW).]

4. Federal funds. The department shall apply for available federal funds to fund the program, including, but not limited to, funds from the United States Environmental Protection Agency's greenhouse gas reduction fund under 42 United States Code, Section 7434. Nothing in this subsection limits other uses of federal funds received by the department consistent with applicable federal requirements. [PL 2025, c. 476, Pt. A, §16 (NEW).]

5. Ratepayer funds. Except as provided in subsections 3 and 6 , ratepayer funds may not be used to implement the program or to provide funding under the program to distributed solar facilities or energy storage systems. [PL 2025, c. 476, Pt. A, §16 (NEW).]

6. Energy procurement. The department may procure energy, capacity or renewable energy credits in accordance with section 10313, subsection 2 from distributed solar facilities or combined projects that receive federal funding pursuant to the program. The commission may not direct a transmission and distribution utility to enter into a long-term contract for energy, capacity or renewable energy credits from a distributed solar facility or a combined project unless the commission finds that the contract will benefit ratepayers and the procurement is in accordance with section 10313 . [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 752 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 752
35-A §752. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 348, §1 (NEW).]

1. Covered equipment or items. "Covered equipment or items" means any mechanical equipment, hoisting equipment, antenna or boat mast or rigging, any part of which is capable of vertical, lateral or swinging motion that causes any portion of the equipment or item to come within 10 feet of an overhead high-voltage line during erection, construction, operation or maintenance, including, but not limited to, equipment such as cranes, derricks, power shovels, backhoes, dump trucks, drilling rigs, pile drivers, excavating equipment, hay loaders, hay stackers, combines, portable grain augers or elevators and items such as ladders, scaffolds, boat masts and outriggers, houses or other structures in transport and gutters, siding and other construction materials. "Covered equipment or items" also includes traffic lighting. [PL 2015, c. 177, §1 (AMD).]

2. Overhead high-voltage line. "Overhead high-voltage line" means all above-ground bare or insulated electrical conductors of voltage in excess of 600 volts, measured between conductors or measured between a conductor and the ground, that are owned or operated by a transmission and distribution utility, except those conductors that are: A. Enclosed in a rigid metallic conduit or flexible armored conduit; or [PL 1995, c. 348, §1 (NEW).] B. On the premises of mines that are subject to the provisions of the Federal Mine Safety and Health Act of 1977, 30 United States Code, Section 801 and regulations adopted pursuant to that Act by the federal Mine Safety and Health Administration. [PL 1995, c. 348, §1 (NEW).] [PL 1999, c. 398, Pt. A, §19 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Person. "Person" means natural person, firm, business association, company, partnership, corporation or other legal entity. [PL 1995, c. 348, §1 (NEW).]

4. Person responsible. "Person responsible" means the person performing or controlling the job or activity that necessitates the precautionary safety measures required by this chapter. [PL 1995, c. 348, §1 (NEW).]

4-A. Traffic lighting. "Traffic lighting" means a dynamic sign that is capable of electronically displaying a changing message that provides motorists traffic-emergency-related information or means a luminaire, traffic signal or traffic beacon used for traffic control. [PL 2015, c. 177, §2 (NEW).]

5. Warning sign. "Warning sign" means a weather-resistant sign of not less than 5 inches by 7 inches with at least 2 panels: a signal panel and a message panel. The signal panel must contain the signal word "WARNING" in black lettering and a safety alert symbol consisting of a black triangle with an orange exclamation point, all on an orange background. The message panel must contain the following words, either in black letters on a white background or white letters on a black background: "UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN 10 FEET OF OVERHEAD HIGH-VOLTAGE LINES - Contact with power lines may result in death or serious burns." A symbol or pictorial panel may also be added. The warning sign language, lettering, style, colors, size and format must meet the requirements of the American National Standard Institute, Standard Z535.4-1991, Product Safety Signs and Labels, or its successors. [PL 1995, c. 348, §1 (NEW).]
35-A M.R.S. § 307 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 307
35-A §307. Changes in schedules; notice; suspension; rate increase limit
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Final determination of the public utility's revenue requirement" means a decision by the commission on the merits of a public utility's request after consideration of at least the public utility's direct case in support of its request. [PL 2023, c. 405, Pt. D, §1 (RPR).] B. "General increase in rates" means a change in a rate, toll or charge of a public utility, the effect of which is to increase the annual operating revenue of the public utility by more than 1%. "General increase in rates" does not include a rate change made for the sole purpose of implementing a gas cost adjustment rate pursuant to section 4703 or a rate change made for the sole purpose of implementing an energy conservation adjustment rate pursuant to section 3154 . [PL 2023, c. 405, Pt. D, §1 (RPR).] [PL 2023, c. 405, Pt. D, §1 (RPR).]

2. Notice requirements. A public utility may not change a schedule, including a schedule of joint rates, unless the public utility provides notice to the commission 30 days prior to the time the changes are to take effect. The public utility must indicate all proposed changes on the schedule in effect at the time notice is provided. For good cause shown, the commission may allow changes after less than the notice specified in this subsection or modify the requirements of this section and section 308 with respect to publishing, posting and filing of a schedule, either in a particular instance or by rule applicable to a special circumstance or condition. At the commission's discretion, the commission may require the information relating to changes described in this subsection to be filed in a general increase in rates at the same time as the schedules are filed. The commission may require a public utility whose gross revenues exceed $5,000,000 annually to notify the commission not more than 2 months in advance of filing a general increase in rates under this section that a filing is planned and to disclose the approximate amount of the increase and the approximate rate of return and include a general statement of the major issues that might be presented and the approximate rate of return the utility would be seeking. [PL 2023, c. 405, Pt. D, §1 (RPR).]

3. Suspension pending investigation. Pending an investigation and order pursuant to section 310, subsection 1 , at any time within the period preceding the effective date of the schedule, the commission may suspend the operation of the schedule or any part of the schedule by filing with the schedule and delivering to the public utility affected a statement of its reasons for the suspension. The suspension may not be for a period longer than 12 months from the effective date of the order of suspension unless: A. All parties agree to extend the suspension beyond 12 months; or [PL 2023, c. 405, Pt. D, §1 (RPR).] B. The commission determines that the party seeking the extension would be unreasonably disadvantaged because of circumstances beyond that party's control unless the extension were granted, as long as the party prior to the request for extension had prosecuted its case in good faith and with due diligence. [PL 2023, c. 405, Pt. D, §1 (RPR).] [PL 2023, c. 405, Pt. D, §1 (RPR).]

4. General rate increase case limitation. A public utility may not file a schedule for a general increase in rates pursuant to this section within one year of a prior filing for a general increase in rates pursuant to this section, unless the proceeding initiated by a prior filing was terminated without a final determination of the public utility's revenue requirement or with approval of the commission. The limitation of this subsection does not prevent a public utility, at any time, from notifying the commission in advance, either voluntarily or in accordance with a commission requirement under this section, of plans by the public utility to file a general increase in rates. Nothing in this subsection may be construed to limit a public utility's right, at any time, to petition pursuant to section 1322 for temporary rate relief. [PL 2023, c. 405, Pt. D, §1 (RPR).]

5. General rate increase notice requirement. A public utility seeking a general increase in rates shall send a notice of the increase to its customers by either first-class mail or the method by which the customer receives bills from the utility. The commission shall prepare the notice in consultation with the utility. If, after the notice of the general increase in rates is sent, the utility seeks a rate increase greater than what was stated in the notice, the utility shall promptly notify the commission. If the utility demonstrates good cause, the commission may allow the utility to seek an increase greater than what was stated in the notice subject to reasonable conditions established by the commission, including, but not limited to, requiring the utility to send a new notice to its customers describing the revised proposed increase. [PL 2023, c. 405, Pt. D, §1 (NEW).]

6. General increase in rates; rate-adjustment mechanisms; quantitative metrics. The commission may establish or authorize rate-adjustment mechanisms or quantitative metrics pertaining to a public utility's operations and activities in a proceeding for a general increase in rates. [PL 2025, c. 198, §1 (NEW).]