35-A M.R.S. § 10110 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10110
35-A §10110. Electric efficiency and conservation programs
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Administrative costs" means costs of the trust that are funded pursuant to and associated with the implementation of this section, including, but not limited to, costs of program planning and evaluation, costs of securing necessary expertise, costs associated with contract formation and administration and costs of monitoring and enforcing contractual obligations. [PL 2009, c. 372, Pt. B, §3 (NEW).] B. "Administration fund" means the conservation administration fund established by the trust pursuant to subsection 8 . [PL 2009, c. 372, Pt. B, §3 (NEW).] C. "Conservation programs" means programs developed by the trust pursuant to this section designed to reduce inefficient electricity use or to increase the efficiency with which electricity is used. [PL 2021, c. 676, Pt. A, §51 (RPR).] D. "Prior conservation efforts" means programs to promote conservation undertaken at the direction or with the authorization of the commission prior to March 1, 2002. [PL 2009, c. 372, Pt. B, §3 (NEW).] E. "Program fund" means the conservation program fund established by the trust pursuant to subsection 7 . [PL 2009, c. 372, Pt. B, §3 (NEW).] F. "Service provider" means a public or private provider of energy conservation services or an entity selected by the trust to contract with such providers or otherwise arrange the delivery of conservation programs. [PL 2009, c. 372, Pt. B, §3 (NEW).] G. "Trade association aggregator" means an entity that gathers individual members of a trade association together for the purpose of receiving electrical efficiency services or bidding on electrical efficiency contracts. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2021, c. 676, Pt. A, §51 (AMD).]

2. Programs. The trust shall develop and implement conservation programs to help reduce energy costs for electricity consumers in the State by the maximum amount possible. The trust shall establish and, on a schedule determined by the trust, revise objectives and an overall energy strategy for conservation programs. Conservation programs implemented by the trust must be consistent with the objectives and an overall energy strategy developed by the trust and approved by the commission and be cost-effective, as defined by the board by rule. In defining "cost-effective," the board may consider the extent to which a program promotes sustainable economic development or reduces environmental damage to the extent the board can quantify or otherwise reasonably identify such effects. Consistent with the other requirements of this section, the trust, in adopting and implementing conservation programs, shall seek to encourage efficiency in electricity use, provide incentives for the development of new, energy-efficient business activity in the State and take into account the costs and benefits of energy efficiency and conservation to existing business activity in the State. A. The trust shall consider, without limitation, conservation programs that: (1) Increase consumer awareness of cost-effective options for conserving energy; (2) Create more favorable market conditions for the increased use of energy-efficient products and services; (3) Promote sustainable economic development and reduce environmental damage; (4) Reduce the price of electricity over time for all consumers by reducing or shifting demand for electricity or balancing load, including by the implementation of beneficial electrification and energy storage systems; and (5) Reduce total energy costs for electricity consumers in the State by increasing the efficiency with which electricity is consumed. [PL 2021, c. 298, §4 (AMD).] B. The trust, with regard to funds available to the trust under this section, shall: (1) Target at least 10% of funds for electricity conservation collected under former subsection 4 or subsection 4‑A or $2,600,000, whichever is greater, to programs for low-income residential consumers, as defined by the board by rule; (2) Target at least 10% of funds for electricity conservation collected under former subsection 4 or subsection 4‑A or $2,600,000, whichever is greater, to programs for small business consumers, as defined by the board by rule; and (3) To the greatest extent practicable, apportion remaining funds among customer groups and geographic areas in a manner that allows all other customers to have a reasonable opportunity to participate in one or more conservation programs. [PL 2015, c. 494, Pt. A, §39 (AMD).] C. The trust shall hold at least one public hearing and invite, accept, review and consider comments and suggestions from interested parties prior to adopting or substantially revising conservation programs or the objectives and overall strategy for conservation programs. [PL 2009, c. 372, Pt. B, §3 (NEW).] D. The trust shall monitor conservation planning and program development activities in the region and around the country. [PL 2009, c. 372, Pt. B, §3 (NEW).] E. The trust shall implement conservation programs by contracting with service providers in accordance with subsection 3 . [PL 2009, c. 372, Pt. B, §3 (NEW).] F. The trust shall monitor and evaluate the delivery of conservation programs by service providers and assess the cost-effectiveness of programs in meeting the objectives and overall strategy established by the trust. [PL 2009, c. 372, Pt. B, §3 (NEW).] G. The trust, to the extent possible, shall coordinate its efforts with other agencies of the State with energy-related responsibilities. [PL 2009, c. 372, Pt. B, §3 (NEW).] H. The trust shall secure sufficient technical and administrative expertise to carry out its responsibilities pursuant to this section by: (1) Contracting with appropriate entities with relevant expertise and experience; (2) Establishing one or more advisory groups composed of persons with relevant expertise and experience; or (3) Any other reasonable means developed by the trust. [PL 2009, c. 372, Pt. B, §3 (NEW).] I. The trust may coordinate its efforts under this section with similar efforts in other states in the northeast region and enter into agreements with public agencies or other entities in or outside of the State for joint or cooperative conservation planning or conservation program delivery, if the trust finds that such coordination or agreements would provide demonstrable benefits to citizens of the State and be consistent with this section, the conservation programs and the objectives and overall strategy for the conservation programs. [PL 2009, c. 372, Pt. B, §3 (NEW).] J. The trust shall encourage school facility managers to complete an energy efficiency training and certification program established and conducted by the trust under this section. To the extent the trust determines necessary and appropriate to meet the goals of this paragraph, the trust may, in accordance with the requirements of this section, establish incentive mechanisms to encourage participation in this program. For purposes of this paragraph, "school facility managers" means persons employed by school administrative units in this State who are responsible for the design or operation of school administrative unit facilities or the heating, ventilation or air conditioning systems or equipment used in such facilities. [PL 2009, c. 372, Pt. B, §3 (NEW).] K. The trust shall provide programs developed in partnership with energy providers, such as transmission and distribution utilities, to provide consumers with information on energy options to promote energy efficiency and increased use of alternative energy resources in the State. [PL 2011, c. 637, §6 (NEW).] L. (TEXT EFFECTIVE UNTIL 9/30/28) (TEXT REPEALED 9/30/28) Pursuant to section 3214, subsection 2‑A , the trust shall work with investor-owned transmission and distribution utilities, consumer-owned transmission and distribution utilities that elect to participate in an arrearage management program pursuant to section 3214, subsection 2‑A and other stakeholders to provide access to a complementary low-income energy efficiency program for participants in the arrearage management programs in order to help reduce participants' energy consumption. This paragraph is repealed September 30, 2028. [PL 2023, c. 534, §4 (AMD).] [PL 2023, c. 534, §4 (AMD).]

3. Implementation. The trust shall seek to implement the delivery of conservation programs in all regions of the State on an equitable basis and to citizens at all income levels. The trust may arrange the delivery of conservation programs by contracting with service providers. The trust shall select service providers in accordance with this subsection. A. The trust shall select service providers through a competitive bidding process. [PL 2009, c. 372, Pt. B, §3 (NEW).] B. To the extent practicable, the trust shall encourage the development of resources, infrastructure and skills within the State by giving preference to in-state service providers. [PL 2009, c. 372, Pt. B, §3 (NEW).] C. Notwithstanding paragraph A : (1) The trust may select a service provider for one or more conservation programs without employing a competitive bidding process if the trust finds that the selection of the service provider will promote the efficient and effective delivery of conservation programs and is consistent with the objectives and overall strategy of the conservation programs; and (2) For the delivery of conservation programs to low-income residential consumers, the commission, without employing a competitive bidding process, may use the delivery system for the Weatherization Assistance for Low-income Persons Program administered through the United States Department of Energy and the network of for-profit and not-for-profit entities who have held contracts with transmission and distribution utilities to deliver conservation services to low-income and residential customers. [PL 2009, c. 372, Pt. B, §3 (NEW).] In accordance with section 10105 , the trust is not subject to rules adopted by the Chief Procurement Officer in selecting service providers pursuant to this subsection. The board shall adopt rules establishing procedures governing the selection of service providers under this subsection. The board shall consult with the Chief Procurement Officer in developing the rules. A trade association aggregator is eligible to participate in competitive bid processes under this subsection. [PL 2023, c. 516, Pt. B, §52 (AMD).]

4. Funding level; base assessment. [PL 2013, c. 369, Pt. A, §19 (RP); PL 2013, c. 369, Pt. A, §30 (AFF).]

4-A. Procurement of cost-effective energy efficiency and conservation resources. The commission shall ensure that transmission and distribution utilities on behalf of their ratepayers procure through the trust the maximum achievable cost-effective electric energy efficiency and conservation resources pursuant to section 10104, subsection 4 , except that the commission may not require the inclusion in rates under this subsection of a total amount that exceeds 4% of total retail electricity and transmission and distribution sales in the State as determined by the commission by rule. The cost of procurement of cost-effective electric energy efficiency and conservation resources is a just and reasonable element of rates. The commission may issue any appropriate orders to transmission and distribution utilities necessary to achieve the goals of this subsection. When determining the maximum achievable cost-effective energy efficiency resources, the commission shall: A. Consider electric energy efficiency resources that are reasonably foreseeable to be acquired by the trust using the Regional Greenhouse Gas Initiative Trust Fund under section 10109 , federal or state grants or settlement funds designated by the board for programs implemented under this section, except that forward capacity market payments deposited in the Heating Fuels Efficiency and Weatherization Fund established in section 10119 may not be considered; [PL 2021, c. 209, §5 (RPR).] B. Apply the discount rate adopted by the trust and ensure that the calculations of avoided energy costs are consistent with rules adopted by the trust and are supported by evidence in the record. Avoided energy costs must include but are not limited to the following elements: (1) Retail value of electricity supply including a wholesale risk premium; (2) Statewide average value of avoided marginal transmission and distribution costs; (3) Statewide average for line losses; and (4) Demand reduction induced price effects. The trust shall use, and the commission shall give deference to, values for each element of avoided energy cost from a regional avoided energy supply cost study as long as the analysis has been developed through a transparent process, with input from state agencies, public advocates, utilities or energy efficiency administrators from at least 3 other states in New England and the analysis has been published not more than 24 months prior to the trust's filing of the plan. When values specific to the State are not available in the regional study, the trust may use, and the commission shall give deference to, regional values provided in that regional study or values determined from other sources when supported by evidence in the record; [PL 2023, c. 328, §6 (AMD).] C. Maximize total electricity savings for all ratepayers; and [PL 2023, c. 328, §7 (AMD).] D. Include all beneficial electrification measures that are cost-effective and reliably reduce electricity rates over the life of the measures. In determining whether a measure is cost-effective, the commission shall account for all net energy costs, including savings from avoided heating, transportation or industrial process fuels displaced by the measure. [PL 2023, c. 328, §8 (NEW).] The commission shall consider gross efficiency savings for the purpose of determining savings that are cost-effective, reliable and achievable. The commission shall consider whether the trust is taking reasonable steps to achieve high net and gross efficiency savings, including but not limited to the use of national standard practices as identified by the trust by rule. Rules adopted under this subsection are routine technical rules under Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 328, §§6-8 (AMD).]

5. Other assessments on transmission and distribution utilities. [PL 2013, c. 369, Pt. A, §21 (RP).]

6. Transmission and subtransmission voltage level. After July 1, 2007, electricity customers receiving service at transmission and subtransmission voltage levels are not eligible for conservation programs undertaken under this section, and those customers are not required to pay in rates any amount associated with any procurement of energy efficiency resources by transmission and distribution utilities ordered under subsection 4‑A . For the purposes of this section, "transmission voltage levels" means 44 kilovolts or more, and "subtransmission voltage levels" means 34.5 kilovolts. [PL 2015, c. 494, Pt. A, §40 (AMD).]

7. Conservation program fund. The trust shall establish a conservation program fund to be used solely for conservation programs. A. The commission shall deposit all assessments collected pursuant to this section, other than funds deposited in the administration fund, into the program fund. [PL 2009, c. 372, Pt. B, §3 (NEW).] B. Any interest earned on funds in the program fund must be credited to the program fund. [PL 2009, c. 372, Pt. B, §3 (NEW).] C. Funds not spent in any fiscal year remain in the program fund to be used for conservation programs. [PL 2009, c. 372, Pt. B, §3 (NEW).] D. The commission or the trust may apply for and receive grants from state, federal and private sources for deposit in the program fund and also may deposit in the program fund any grants or other funds received by or from any entity with which the commission or trust has an agreement or contract pursuant to this section if the commission receives prior written consent from the trust that receipt of those funds would be consistent with the purposes of this section. If the commission or trust receives any funds pursuant to this paragraph, it shall establish a separate account within the program fund to receive the funds and shall keep those funds and any interest earned on those funds segregated from other funds in the program fund. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]

8. Administration fund. The trust may transfer up to 9% of funds collected pursuant to this section to its administration fund to be used solely to defray administrative costs. Any interest on funds in the administration fund must be credited to the administration fund and any funds unspent in any fiscal year must either remain in the administration fund to be used to defray administrative costs or be transferred to the program fund. [PL 2013, c. 369, Pt. A, §23 (AMD).]

9. Prior conservation efforts. Except as otherwise directed by the commission, transmission and distribution utilities shall continue to administer contracts associated with prior conservation efforts. Such contracts may not be renewed, extended or otherwise modified by transmission and distribution utilities in a manner that results in any increased expenditures associated with those contracts. [PL 2009, c. 372, Pt. B, §3 (NEW).]

10. Funds held in trust. All funds collected from electricity consumers pursuant to this section are collected under the authority and for the purposes of this section and are deemed to be held in trust for the purposes of benefiting electricity consumers. In the event funds are not expended or contracted for expenditure within 2 years of being collected from consumers, the commission shall ensure that the value of those funds is returned to consumers. [PL 2013, c. 369, Pt. A, §24 (AMD).]

11. Resolution of disputes. Upon receipt of an appropriate filing by a party to a contract relating to prior conservation efforts, the commission shall adjudicate a dispute relating to the interpretation or administration of the contract by the transmission and distribution utility. In the case of a dispute filed after April 5, 2002, the commission shall refer the dispute to commercial arbitration in accordance with this paragraph. Each party to the contract shall select an arbitrator who is not a current employee of the party. The selected arbitrators shall then select a 3rd arbitrator. If the arbitrators cannot agree on the 3rd arbitrator, each party shall submit to the commission a list of at least 3 arbitrators who have no previous or current interest in the contract and, to the extent practicable, have special competence and experience with respect to the subject matter involved in the dispute. The commission shall choose the 3rd arbitrator from among the persons on the lists provided by the parties. After their selection, the arbitrators shall promptly hear and determine the controversy pursuant to the rules of the American Arbitration Association for the conduct of commercial arbitration proceedings, except that if such rules conflict with any procedural rules established by the commission or applicable provisions of the laws of this State relating to arbitration, the applicable commission rules or provisions of state law govern the arbitration. The arbitrators shall submit their decision to the commission. A. The commission shall accept or reject the decision within 30 days of its submission, unless the commission requires additional time, in which case it may extend its review for another 30 days. [PL 2009, c. 372, Pt. B, §3 (NEW).] B. If the commission does not reject the decision within 30 days or, if it extends its review period an additional 30 days, within 60 days, the decision is deemed accepted. [PL 2009, c. 372, Pt. B, §3 (NEW).] C. If the commission rejects the decision, the commission shall adjudicate the dispute. [PL 2009, c. 372, Pt. B, §3 (NEW).] A decision by the commission under this subsection, including a decision by the arbitrators that is deemed accepted by the commission pursuant to paragraph B , is enforceable in a court of law. [PL 2009, c. 372, Pt. B, §3 (NEW).]

12. Ratemaking and cost recovery. The assessments charged to transmission and distribution utilities under this section are just and reasonable costs for rate-making purposes and must be reflected in the rates of transmission and distribution utilities. [PL 2009, c. 372, Pt. B, §3 (NEW).]

13. Rules. The trust shall adopt rules necessary to implement this section. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 372, Pt. B, §3 (NEW).]

14. Effective date. This section takes effect July 1, 2010. [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 3195 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3195
35-A §3195. Commission authority to promote transmission and distribution utility efficiency
Status: in_force

1. Rate-adjustment mechanisms. This Title may not be construed to prohibit the commission from or to restrict the commission in establishing or authorizing any reasonable rate-adjustment mechanisms to promote efficiency in transmission and distribution utility operations and least-cost planning. Rate-adjustment mechanisms may include, but are not limited to: A. Decoupling of utility profits from utility sales through revenue reconciliation; [PL 1991, c. 413, §1 (NEW); PL 1991, c. 413, §2 (AFF).] B. Reconciliation of actual revenues or costs with projected revenues or costs, either on a total or per customer basis; [PL 1991, c. 413, §1 (NEW); PL 1991, c. 413, §2 (AFF).] C. Adjustment of revenues based on reconciled, indexed or forecasted costs; and [PL 1991, c. 413, §1 (NEW); PL 1991, c. 413, §2 (AFF).] D. Positive or negative financial incentives for efficient operations. [PL 1991, c. 413, §1 (NEW); PL 1991, c. 413, §2 (AFF).] [PL 1999, c. 398, Pt. A, §71 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Just and reasonable rates. In determining the reasonableness of any rate-adjustment mechanism established under this subchapter, the commission shall apply the standards of section 301 to ensure that the rates resulting from the implementation of the mechanism are just and reasonable. Prior to the adoption of a new or replacement alternative rate plan or renewal of any existing alternative rate plan, the commission shall, in order to ensure that rates at the starting point of the plan are just and reasonable, conduct a revenue requirement and earnings review pursuant to the standards of section 301 . In conducting such a review under this subsection, the commission, at its discretion, may conduct the review in a manner designed to minimize the cost of the review to ratepayers. [PL 2003, c. 45, §1 (AMD).]

3. Value of utility property. Notwithstanding section 303 , rate-adjustment mechanisms established under this section may be used to establish the value of the transmission and distribution utility's property. [PL 1999, c. 398, Pt. A, §71 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Ratepayer protection. In determining the reasonableness of any rate-adjustment mechanisms, the commission shall consider the transfer of risks associated with the effect of the economy and the weather on the utility's sales. To the extent these risks are transferred from the utility to its customers, the commission shall consider in a rate proceeding the effect of the transfer of risk in determining a utility's allowed rate of return. [PL 1991, c. 413, §1 (NEW); PL 1991, c. 413, §2 (AFF).]

5. Report. The commission shall include in its annual report pursuant to section 120, subsection 6 any significant developments with respect to any actions taken or proposed to be taken by the commission under this section. [PL 2009, c. 122, §13 (AMD).]

6. Rate flexibility. Notwithstanding sections 307 and 703 , the commission, in an adjudicatory proceeding, may authorize a transmission and distribution utility to implement a program under which: A. The utility may change its schedule of rates with limited notice to the commission; and [PL 1993, c. 614, §1 (NEW).] B. The utility may enter into contracts for the sale of transmission and distribution services and related management services with limited or no prior express approval by the commission. [PL 1999, c. 398, Pt. A, §71 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] The commission shall render its decision in any adjudicatory proceeding held for the purposes of authorizing a utility to implement a program consistent with this subsection within 9 months of the initiation of the proceeding. In the adjudicatory proceeding, the commission shall establish the terms and conditions under which a program is authorized under this subsection. The authority granted to the commission under this subsection is in addition to the authority of the commission granted under other provisions of this Title and nothing in this subsection may be construed to limit the authority of the commission under any other provision of this Title. [PL 1999, c. 398, Pt. A, §71 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 9211 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9211
35-A §9211. ConnectMaine Fund
Status: in_force

1. ConnectMaine Fund established. The ConnectMaine Fund, referred to in this section as "the fund," is established as a nonlapsing fund administered by the authority for the purposes of supporting the activities and projects of the authority under this chapter. The ConnectMaine Fund may also be referred to as "the ConnectME Fund." [PL 2019, c. 625, §11 (AMD).]

2. Assessment. After receiving authorization pursuant to Title 5, section 8072 to finally adopt major substantive rules under section 9205, subsection 3 or after January 15, 2007, whichever is later, the authority may require every communications service provider to contribute on a competitively neutral basis to the fund. The assessment may not exceed 0.25% of the revenue received or collected for all communications services provided in this State by the communications service provider. A facilities-based provider of wireless voice or data retail service may voluntarily agree to be assessed by the authority as a communications service provider under this subsection. [PL 2005, c. 665, §3 (NEW).]

2-A. Surcharge; collection. In addition to the assessment imposed pursuant to subsection 2 , a ConnectMaine surcharge of 10¢ per line or number, referred to in this subsection as "the surcharge," is imposed as provided in this subsection. A. The assessment imposed pursuant to subsection 2 and the surcharge must be collected from the customer on a monthly basis by each communications service provider. [PL 2021, c. 398, Pt. AA, §1 (NEW); PL 2021, c. 398, Pt. AA, §3 (AFF).] B. Beginning January 1, 2022, the surcharge is levied on: (1) Each residential and business telephone exchange line, including private branch exchange lines and Centrex lines; (2) Semipublic coin and public access lines; (3) Customers of interconnected voice over Internet protocol service; and (4) Customers of cellular or wireless telecommunications service that is not prepaid wireless telecommunications service. [PL 2021, c. 398, Pt. AA, §1 (NEW); PL 2021, c. 398, Pt. AA, §3 (AFF).] C. The surcharge may not be imposed on more than 25 lines per customer billing account. [PL 2021, c. 398, Pt. AA, §1 (NEW); PL 2021, c. 398, Pt. AA, §3 (AFF).] D. Revenue from the surcharge must be deposited in the fund. [PL 2021, c. 398, Pt. AA, §1 (NEW); PL 2021, c. 398, Pt. AA, §3 (AFF).] [PL 2021, c. 398, Pt. AA, §1 (RPR); PL 2021, c. 398, Pt. AA, §3 (AFF).]

3. Explicit identification of assessment and surcharge on customer bills. A communications service provider assessed pursuant to subsection 2 may recover the amount of the assessment from the provider's customers. If a provider recovers the amount from its customers, it must explicitly identify the amount owed by a customer on the customer's bill and indicate that the funds are collected for use in the ConnectMaine Fund. Beginning January 1, 2022, the ConnectMaine surcharge imposed pursuant to subsection 2‑A must be shown separately from the assessment imposed pursuant to subsection 2 as a statewide broadband access fund surcharge on the customer's bill. [PL 2021, c. 398, Pt. AA, §2 (AMD); PL 2021, c. 398, Pt. AA, §3 (AFF).]
35-A M.R.S. § 7231 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7231
35-A §7231. Laws that apply only to service providers
Status: in_force

Notwithstanding any other provision of law, the provisions listed in subsections 1 to 4 do not apply to a telephone utility except service providers with respect to the provision of provider of last resort service: [PL 2011, c. 623, Pt. A, §18 (NEW).]

1. Regulation and control of public utilities. The following sections of chapter 7 : A. Section 703 relating to discounts and discrimination; [PL 2011, c. 623, Pt. A, §18 (NEW).] B. Section 704 relating to termination of utility services; [PL 2011, c. 623, Pt. A, §18 (NEW).] C. Section 705 relating to utility deposits; [PL 2011, c. 623, Pt. A, §18 (NEW).] D. Section 706 relating to tenant liability for landlord utility bills; [PL 2011, c. 623, Pt. A, §18 (NEW).] E. Section 713 relating to unregulated business ventures; and [PL 2011, c. 623, Pt. A, §18 (NEW).] F. Section 715 relating to rules of the commission; [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]

2. Sales, leases and mortgages of property. The following sections of chapter 11 : A. Section 1101 relating to authorization; and [PL 2011, c. 623, Pt. A, §18 (NEW).] B. Section 1103 relating to transfer of utility stock; [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]

3. Procedure. The following sections of chapter 13 : A. Section 1302 relating to complaints; and [PL 2011, c. 623, Pt. A, §18 (NEW).] B. Section 1303 relating to investigations; and [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]

4. Telephone lines. The following sections of chapter 79 : A. Section 7904 relating to purchasing and taking land for public use. [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 2111 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2111
35-A §2111. Expansion into broadband by consumer-owned utilities; registration requirements
Status: in_force

A consumer-owned public utility shall register with the commission prior to exercising any authority the consumer-owned public utility may have, pursuant to other law, to directly or indirectly own, lease, construct, maintain or operate broadband or other Internet access systems or to provide broadband or other Internet access services to the public. A consumer-owned public utility registering under this section shall provide to the commission the name, mailing address and phone number of a contact person who is knowledgeable regarding the consumer-owned public utility’s broadband and Internet access systems activities in the State. The commission shall inform the consumer-owned public utility of the requirements of section 713 . [PL 2021, c. 616, §1 (NEW).]
35-A M.R.S. § 5101 — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5101
35-A §5101. Franchise of Casco Bay Island Transit District and others
Status: in_force

No person, except for the Casco Bay Island Transit District, created by Private and Special Law 1981, chapter 22, may, directly, by lease or other arrangement transport passengers or property by vessel, for compensation, between the mainland of Cumberland County and Peaks Island, Great Diamond Island, Little Diamond Island, Long Island, Chebeague Island or Cliff Island, or between the islands mentioned in this section, without obtaining a certificate of public convenience and necessity from the commission authorizing the transportation. The district and any person who must obtain a certificate are ferries subject to the jurisdiction of the commission with respect to the service that requires authority. The commission shall specify in the certificate the business and operation of the ferry and shall attach to it at the time of issuance and from time to time after issuance reasonable terms, conditions and limitations as it determines necessary to maintain adequate transportation to these islands. The Casco Bay Island Transit District may assign or subcontract to another person any service for which it has a franchise. Regularly scheduled freight and passenger services are subject to the requirements of sections 5101‑A to 5101‑C . Unscheduled freight, tour, charter and taxi services are subject to the requirements of sections 5101‑D and 5101‑E . [PL 1991, c. 774, §1 (AMD).]
35-A M.R.S. § 6404 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6404
35-A §6404. Standard districts; powers
Status: in_force

Except as otherwise provided by law, for the purposes of its incorporation, a standard district may take water from any source within the territory of the district. A standard district may also, for the purposes of its incorporation, locate, construct and maintain pipes, dams, wells, reservoirs, pumping stations, treatment plants and other necessary structures and equipment and take any action necessary to furnish water for those purposes and for the public health, safety, comfort and convenience of the inhabitants and others of the district. A standard district may contract to accomplish any and all of the foregoing things. [PL 1995, c. 616, §10 (NEW).]

All incidental powers, rights and privileges necessary to the accomplishment of the objectives set forth in this chapter are granted to a standard district. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 3483 — ME Code / Title 35-A / Part 3 / Chapter 34-C / Section 3483
35-A §3483. Timely interconnection.
Status: in_force

A standard buyer designated pursuant to this section shall aggregate the output of the portfolio of distributed generation resources procured pursuant to this chapter and sell or use the output of the resources in a manner that maximizes the value of the portfolio of the resources to all ratepayers. [PL 2019, c. 478, Pt. B, §1 (NEW).]

1. Designation of standard buyer. Each investor‑owned transmission and distribution utility serves as the standard buyer in its service territory, except that the commission may designate another entity to serve as the standard buyer if the commission determines that the designation is in the best interest of customers in the service territory. The commission shall oversee the activities of the standard buyer to ensure compliance with this chapter. [PL 2019, c. 478, Pt. B, §1 (NEW).]

2. Obligations of standard buyer. A standard buyer shall: A. Serve as counterparty to long‑term contracts with project sponsors pursuant to section 3486 ; [PL 2019, c. 478, Pt. B, §1 (NEW).] B. If the standard buyer is not an investor‑owned transmission and distribution utility, reimburse an investor‑owned transmission and distribution utility for any bill credit or payment to a subscriber or project sponsor pursuant to section 3486 ; [PL 2019, c. 478, Pt. B, §1 (NEW).] C. Establish reasonable measurement and verification requirements for distributed generation resources; [PL 2019, c. 478, Pt. B, §1 (NEW).] D. Provide information needed to allocate costs and benefits pursuant to subsection 3 ; and [PL 2019, c. 478, Pt. B, §1 (NEW).] E. Provide aggregate data regarding the output of distributed generation resources pursuant to sections 3485 and 3486 . [PL 2019, c. 478, Pt. B, §1 (NEW).] [PL 2019, c. 478, Pt. B, §1 (NEW).]

3. Standard buyer cost allocation. The commission and each standard buyer designated pursuant to subsection 1 shall implement a transparent mechanism to track and recover or distribute the eligible costs and benefits under this subsection incurred by procuring distributed generation resources pursuant to this chapter. These eligible costs and benefits must be reviewed by the commission annually and allocated to and recovered from customers of the investor‑owned transmission and distribution utility in whose territory the distributed generation resource is located through a process established by rule of the commission. The process established by the commission must be similar to the allocation of costs and benefits of long‑term energy contracts in section 3210‑F . Eligible costs and benefits include: A. Incremental costs of serving as the standard buyer; [PL 2019, c. 478, Pt. B, §1 (NEW).] B. All payments or bill credits to customers, subscribers and project sponsors under each procurement pursuant to sections 3485 and 3486 ; and [PL 2019, c. 478, Pt. B, §1 (NEW).] C. All revenue from sale of the output of distributed generation resources procured pursuant to this chapter. [PL 2019, c. 478, Pt. B, §1 (NEW).] [PL 2019, c. 478, Pt. B, §1 (NEW).]

4. Entities other than the standard buyer. The commission shall ensure that the rules and procedures established under this chapter provide opportunities for entities other than the standard buyer to aggregate and sell the output of distributed generation resources in the applicable markets. [PL 2019, c. 478, Pt. B, §1 (NEW).]
35-A M.R.S. § 1320 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1320
35-A §1320. Review of commission action
Status: in_force

The following procedures apply to an appeal of a decision of the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Final decisions. An appeal from a final decision of the commission may be taken to the Law Court on questions of law in the same manner as an appeal taken from a judgment of the Superior Court in a civil action. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Parties. Any person who has participated in commission proceedings, and who is adversely affected by the final decision of the commission is deemed a party for purposes of taking an appeal. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Terms. Where a law or rule regulating the taking of an appeal from the Superior Court in a civil action uses the terms "the court," "the clerk," "the clerk of the courts," or a similar term, they shall for purposes of an appeal from the commission mean "the commission," "the administrative director of the commission," or other appropriate term, respectively. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Notice of appeal. The notice of appeal shall be accompanied by a brief statement of the nature of the proceeding before the commission, a copy of the decision, order or ruling complained of, a statement of the grounds upon which the order or ruling is claimed to be unlawful and a certificate that the attorney for the appellant is of the opinion that there is probable ground for the appeal as to make it a fit subject for judicial inquiry and that it is not intended for delay. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Additional court review. An appeal may also be taken in the same manner as an appeal under subsection 1 , when the justness or reasonableness of a rate, toll or charge by any public utility or the constitutionality of any ruling or order of the commission is in issue, notwithstanding that the ruling or order is not final. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Law Court jurisdiction is exclusive. The Law Court has exclusive jurisdiction over appeals and requests for judicial review of final decisions and of rulings and orders subject to subsections 1 and 5 , with the exception of the Superior Court's jurisdiction to review rules under Title 5, section 8058 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Stay. While an appeal under subsection 1 is pending, no injunction may issue suspending or staying any order of the commission and the appeal does not excuse any person or corporation from complying with and obeying any order or decision or any requirement of any order or decision of the commission or operate in any manner to stay or postpone the enforcement of the order or decision, except in the cases and upon the terms as the commission orders. While an appeal under subsection 5 is pending final determination by the court, the Chief Justice, or in the Chief Justice's absence any other justice, may enjoin or stay the effect of the ruling or order upon the terms and conditions as the Chief Justice determines proper. [PL 2019, c. 475, §51 (AMD).]

8. Additional evidence. No evidence beyond that contained in the record of the proceedings before the commission may be introduced before the court, except that in cases where issues of confiscation or of constitutional right are involved, the court may order additional evidence it determines necessary for the determination of issues to be taken before the commission upon the terms and conditions the court determines proper. If the court orders additional evidence to be taken, the commission shall promptly hear and report that evidence to the court, so that the proof may be brought as nearly as reasonably possible down to the date of its report to the court. The commission may, after hearing the evidence, modify its findings as to facts and its original decision or orders by reason of the additional evidence so taken, and it shall file with the court that amended decision or orders and those modified or new findings. If the commission modifies or amends its original decision or orders, the appealing party or any other party aggrieved by the modified or amended decision or order may file with the court, within such time as the court may allow, a specification of errors claimed to have been made by the commission in the modified decision or orders, which specifications or errors shall be considered by the court in addition to the errors asserted in the original complaint on appeal. [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Certification of decision, costs. The result of the appeal shall be certified by the clerk of the Law Court to the administrative director of the commission and to the clerk of the Superior Court for Kennebec County. The prevailing party shall recover costs to be taxed by the Superior Court in accordance with the law for the taxation of costs on appeal in civil actions. Execution for these costs shall be issued from the Superior Court of Kennebec County in the same manner as in actions originating in the court. Double costs shall be assessed by the court upon any party whose appeal appears to the court not to be a fit subject for judicial inquiry or appears to be intended for delay. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10305 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10305
35-A §10305. Powers and duties of department
Status: in_force

Under the supervision of the commissioner, the department shall: [PL 2025, c. 476, Pt. A, §16 (NEW).]

1. State energy plan. Prepare and submit a comprehensive state energy plan to the Governor and the joint standing committee of the Legislature having jurisdiction over energy matters by January 15th of each odd-numbered year. The department shall ensure the state energy plan is informed by public input, including, but not limited to, through the conduct of at least 2 public meetings and receipt of public comment related to a draft of the state energy plan, and shall seek input regarding issues faced by socially vulnerable counties and communities as defined in section 3210‑I, subsection 1, paragraph D . The state energy plan must: A. Identify opportunities to lower and to maintain reasonable total energy costs for consumers in the State; [PL 2025, c. 476, Pt. A, §16 (NEW).] B. Evaluate energy data, including, but not limited to, data on energy supply, demand and costs in this State with consideration of all available energy sources; [PL 2025, c. 476, Pt. A, §16 (NEW).] C. Detail the State's progress toward meeting its energy goals for new renewable energy generation and energy storage, including distributed energy resources; [PL 2025, c. 476, Pt. A, §16 (NEW).] D. Evaluate the State's progress in meeting the oil dependence reduction targets in section 10309 ; [PL 2025, c. 476, Pt. A, §16 (NEW).] E. Identify resource and transmission and distribution capacity and infrastructure needs to facilitate the development and integration of new renewable energy generation within the State and support the State's renewable resource portfolio requirements specified in section 3210 in close coordination with the independent system operator of the New England bulk power system or a successor organization, the Public Utilities Commission's integrated grid planning under section 3147 and transmission and distribution utilities; [PL 2025, c. 476, Pt. A, §16 (NEW).] F. Address the association between energy planning and meeting the greenhouse gas emissions reduction goals in the state climate action plan pursuant to Title 38, section 577 ; [PL 2025, c. 476, Pt. A, §16 (NEW).] G. Include a cost and resource estimate for technology development to meet the goals and objectives of the state energy plan; [PL 2025, c. 476, Pt. A, §16 (NEW).] H. Include energy supply and demand forecasts that must be considered in other planning efforts including updates to the state climate action plan under Title 38, section 577 and the Efficiency Maine Trust's triennial plan under section 10104, subsection 4 ; and [PL 2025, c. 476, Pt. A, §16 (NEW).] I. Identify approximate total project award targets for the next 3 competitive solicitations to be conducted by the department pursuant to section 10313 . [PL 2025, c. 476, Pt. A, §16 (NEW).] The joint standing committee of the Legislature having jurisdiction over energy matters may report out legislation by April 1st of each odd-numbered year relating to the content of the state energy plan. The joint standing committee of the Legislature having jurisdiction over natural resources matters may make recommendations regarding that legislation to the joint standing committee of the Legislature having jurisdiction over energy matters; [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Recommendations. Make recommendations, if needed, for additional legislative and administrative actions to ensure that the State can meet the goals and objectives of the state energy plan under subsection 1 . The department shall develop, recommend and, as appropriate, take action to implement integrated or comprehensive strategies, including at regional and federal levels, to carry out the goals and objectives of the state energy plan, to secure the State's interest in energy resources and the supply and cost-effective use of those resources and lower the total cost of energy to consumers in this State; [PL 2025, c. 476, Pt. A, §16 (NEW).]

3. Annual report. By January 15th of each year, prepare and submit to the joint standing committee of the Legislature having jurisdiction over energy matters a report that describes the activities of the department during the previous calendar year in carrying out its duties under this section and describes the State's progress in implementation of the state energy plan prepared pursuant to subsection 1 , funding received from private sources pursuant to section 10308, subsection 3 and the department's annual accounting pursuant to section 10308, subsection 2 . After receipt and review of the annual report, the joint standing committee may report out legislation relating to energy policy; [PL 2025, c. 476, Pt. A, §16 (NEW).]

4. Energy data collection and analysis. In collaboration with other relevant state agencies, private industry and nonprofit organizations, collect and analyze energy data, including, but not limited to, data on energy supply, demand and costs in this State with consideration of all available energy sources; [PL 2025, c. 476, Pt. A, §16 (NEW).]

5. Energy information dissemination. Review and coordinate the dissemination of energy information developed by cabinet-level state agencies intended for the public and the media; [PL 2025, c. 476, Pt. A, §16 (NEW).]

6. Technical assistance. Provide technical assistance and information to the Governor and the Legislature regarding the State's short-range and long-range energy needs and the resources to meet those needs; [PL 2025, c. 476, Pt. A, §16 (NEW).]

7. Funds from public and private sources. Seek, accept and administer funds from public and private sources and develop partnerships with public and private entities to support the goals of the department, including, but not limited to, promoting energy efficiency, demand-side management and distributed generation; [PL 2025, c. 476, Pt. A, §16 (NEW).]

8. Federal government funds. Receive and administer funds from the United States Department of Energy's State Energy Program and other federal funds as appropriate; [PL 2025, c. 476, Pt. A, §16 (NEW).]

9. Electricity agreements. Work with transmission and distribution utilities, the commission, state agencies involved in the permitting of energy generation facilities and other relevant entities to negotiate agreements that create value for electricity consumers with developers of renewable generation who are interested in building energy generation facilities or developing or using energy transmission infrastructure in this State. This subsection may not be interpreted to authorize the commissioner to be a signatory to such agreements unless otherwise authorized by law; [PL 2025, c. 476, Pt. A, §16 (NEW).]

10. Energy transmission capacity planning and policy. Monitor energy transmission capacity planning and policy affecting this State and make recommendations to the Governor and the Legislature as necessary for changes to the relevant laws and rules to facilitate energy infrastructure planning and development; [PL 2025, c. 476, Pt. A, §16 (NEW).]

11. Petroleum products. Monitor petroleum product inventories, deliveries, curtailments and shortfalls and other matters relating to the availability of petroleum products in the State; [PL 2025, c. 476, Pt. A, §16 (NEW).]

12. State energy security plan. Prepare and submit a state energy security plan in accordance with federal requirements. The department shall, to the extent practicable while protecting the energy security of the State, also submit the plan to the joint standing committee of the Legislature having jurisdiction over energy matters; [PL 2025, c. 476, Pt. A, §16 (NEW).]

13. Clean energy program. Establish and manage a program to promote clean energy job development and clean technology business innovation in coordination with industry, educational and training organizations to support current and future workforce needs, including access to high-quality employment opportunities for residents of the State that contribute to the development of a skilled and trained workforce; [PL 2025, c. 476, Pt. A, §16 (NEW).]

14. Beneficial electrification. Coordinate with the commission and the Efficiency Maine Trust, established in section 10103 , to monitor beneficial electrification trends and opportunities and to establish beneficial electrification targets and regulatory frameworks; [PL 2025, c. 476, Pt. A, §16 (NEW).]

15. Renewable resource portfolio requirements. Review and report on the status and impacts of the implementation of the renewable resource portfolio requirements as described in section 3210 ; and [PL 2025, c. 476, Pt. A, §16 (NEW).]

16. Greenhouse energy reductions. Ensure that the State's energy goals, policies and plans align with and support the achievement of 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).]
35-A M.R.S. § 3308 — ME Code / Title 35-A / Part 3 / Chapter 33 / Section 3308
35-A §3308. Energy and capacity purchases from small power producers and cogenerators by transmission and distribution utilities affected by the filing of a petition in bankruptcy or for reorganization
Status: in_force

1. Establishment of a purchase price for energy or energy and capacity delivered to a trustee or reorganized utility. If a transmission and distribution utility that has entered into a power purchase contract with a small power producer or cogenerator for the purchase of energy or energy and capacity pursuant to former section 3305, subsection 1 or section 3306 , files for bankruptcy or for reorganization under the bankruptcy laws of the United States and, if the trustee in bankruptcy or debtor, receiver, examiner or any other party in possession and control of the assets of the transmission and distribution utility rejects that power purchase contract pursuant to the United States Bankruptcy Code or any similar power or law, the trustee, debtor, receiver, examiner or other party in possession and control of the assets of the transmission and distribution utility is obligated to continue to purchase without interruption from the small power producer or cogenerator whose contract was rejected any energy or energy and capacity that the small power producer or cogenerator makes available to it. If the power purchase contract is rejected, the avoided cost for the energy or energy and capacity for the time period commencing on the date of the rejection and ending on the original expiration date of the rejected contract must be the avoided cost determined for the period as if the determination were being made on the date on which the transmission and distribution utility and small power producer or cogenerator entered into the rejected contract. [PL 1999, c. 398, Pt. A, §82 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Nature of capacity contract. If a small power producer or cogenerator contracts to provide a transmission and distribution utility with electric generating capacity, that portion of the power purchase contract that requires the delivery of the capacity may not be executory in nature under the laws of the State once the small power producer or cogenerator has first made available to the transmission and distribution utility the electric generating capacity. This section may not be interpreted to mean that any other sections of such a contract are executory in nature. [PL 1999, c. 398, Pt. A, §82 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Commission approval of rates of reorganized utility. At any time that the commission is requested or required to approve rates for a transmission and distribution utility that has rejected a power purchase contract with a small power producer or cogenerator as a result of a bankruptcy or reorganization proceeding, or to approve rates of a person controlling and in possession of the assets of a transmission and distribution utility that was a party to such a rejected contract, it may not grant any rate approval unless the transmission and distribution utility or person seeking the rates includes within the rates provision for payment for all energy and capacity made available by a small power producer or cogenerator, either at the original contract rate or at the rate specified in subsection 1 . [PL 1999, c. 398, Pt. A, §82 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

Any person who is obligated to comply with this section may not be permitted to operate as a transmission and distribution utility in the State, unless it is in full compliance with this section. [PL 1999, c. 398, Pt. A, §82 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 9202-A — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9202-A
35-A §9202-A. State broadband policy
Status: in_force

1. Goals. The goals of the State related to broadband service are that: A. Broadband service be universally available in this State, including to all residential and business locations and community anchor institutions; [PL 2015, c. 284, §3 (RPR).] B. There be secure, reliable, competitive and sustainable forward-looking infrastructure that can meet future broadband needs; and [PL 2015, c. 284, §3 (RPR).] C. All residents, businesses and institutions in the State be able to take full advantage of the economic opportunities available through broadband service. [PL 2015, c. 284, §3 (NEW).] [PL 2015, c. 284, §3 (RPR).]

2. Policies. The policies of the State related to broadband service are to: A. Maximize sustainable investment in broadband infrastructure in the State; [PL 2015, c. 284, §3 (RPR).] B. Maximize federal and private resources to support the deployment of broadband infrastructure in unserved and underserved areas of the State; [PL 2015, c. 284, §3 (RPR).] C. Prioritize the use of state resources to assist deployment of infrastructure to provide broadband service in unserved and underserved areas of the State; [PL 2015, c. 284, §3 (RPR).] D. Promote adoption of broadband service by residents, businesses and institutions; and [PL 2015, c. 284, §3 (RPR).] E. Leverage existing infrastructure to extend broadband service. [PL 2015, c. 284, §3 (RPR).] F. [PL 2015, c. 284, §3 (RP).] [PL 2015, c. 284, §3 (RPR).]
35-A M.R.S. § 4708 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4708
35-A §4708. Gas marketer registration
Status: in_force

1. Registration required. Unless registered with the commission under this section, a gas marketer may not contract or attempt to contract with any retail natural gas consumer in this State to provide natural gas supply service. [PL 1999, c. 143, §3 (NEW).]

2. Required information. A gas marketer registering under this section shall provide: A. The name, mailing address and phone number of the gas marketer; and [PL 1999, c. 143, §3 (NEW).] B. The name, mailing address and phone number of a contact person who is knowledgeable regarding the gas marketer's activities in the State. [PL 1999, c. 143, §3 (NEW).] A gas marketer registered under this section shall promptly provide the commission with any additional relevant information requested by the commission, including, but not limited to, copies of any residential contracts for retail natural gas supply service. The commission shall provide through the issuance of protective orders pursuant to section 1311 for appropriate confidentiality protection as necessary for any information provided under this section. [PL 1999, c. 143, §3 (NEW).]

3. Contracts void. Any contract for retail natural gas supply service entered into after the effective date of this section by a gas marketer that is not registered with the commission under this section is deemed void. [PL 1999, c. 143, §3 (NEW).]
35-A M.R.S. § 3214 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3214
35-A §3214. Needs-based low-income assistance
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Policy. In order to meet legitimate needs of electricity consumers who are unable to pay their electricity bills in full and who satisfy eligibility criteria for assistance, and recognizing that electricity is a basic necessity to which all residents of the State should have access, it is the policy of the State to ensure adequate provision of financial assistance. [PL 1997, c. 316, §3 (NEW).]

2. Low-income assistance. In order to continue existing levels of financial assistance for low-income households and to meet future increases in need caused by economic exigencies, the commission shall: A. Receive funds collected by all transmission and distribution utilities in the State at a rate set by the commission in periodic rate cases; [PL 2023, c. 306, §2 (AMD); PL 2023, c. 361, §3 (AMD).] A-1. Receive funds collected by the commission for alternative compliance payments in accordance with section 3210, subsection 9, paragraph B ; and [PL 2023, c. 306, §3 (NEW); PL 2023, c. 361, §4 (NEW).] B. Set initial funding for programs based on an assessment of aggregate customer need in periodic rate cases. The funding formula may not result in assistance being counted as income or as a resource in other means-tested assistance programs for low-income households. To the extent possible, assistance must be provided in a manner most likely to prevent the loss of other federal assistance; and [PL 2023, c. 230, §2 (AMD).] C. Receive funds remitted by transmission and distribution utilities with net energy billing arrangements for expired kilowatt‑hour credits in accordance with section 3209‑A, subsection 8 . [PL 2023, c. 230, §2 (NEW).] The commission may use funds available under this subsection to provide financial assistance to low-income households in emergency situations as determined by the commission in a proceeding or by rule. The commission may adopt rules to implement this subsection. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 201, §1 (AMD); PL 2023, c. 230, §2 (AMD); PL 2023, c. 306, §§2, 3 (AMD); PL 2023, c. 361, §§3-5 (AMD).]

2-A. (TEXT EFFECTIVE UNTIL 9/30/28) (TEXT REPEALED 9/30/28) Arrearage management program. Each investor-owned transmission and distribution utility shall implement pursuant to this subsection an arrearage management program to assist eligible low-income residential customers who are in arrears on their electricity bills. An arrearage management program implemented pursuant to this subsection is a plan under which a transmission and distribution utility works with an eligible low-income residential customer to establish an affordable payment plan and provide credit to that customer toward the customer's accumulated arrears as long as that customer remains in compliance with the terms of the program. If a consumer-owned transmission and distribution utility elects to implement an arrearage management program, it must do so in accordance with this subsection and rules adopted pursuant to this subsection. The commission shall establish requirements relating to the arrearage management programs by rule. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . In adopting rules regarding arrearage management programs, the commission shall: A. Consider best practices as developed and implemented in other states or regions; [PL 2013, c. 556, §1 (NEW).] B. Require that an arrearage management program include an electricity usage assessment at no cost to the participant; [PL 2013, c. 556, §1 (NEW).] C. [PL 2017, c. 414, §1 (RP).] D. Ensure that a transmission and distribution utility develops terms and conditions for its arrearage management program in a manner that is consistent with the program's objectives and is in the best interests of all ratepayers; [PL 2021, c. 101, §1 (AMD).] D-1. Ensure that if a transmission and distribution utility produces any materials, either written or electronic, regarding the arrearage management program offered by the utility, those materials must state in plainly worded language and in a type size that is no less than 12 points that state law requires the utility to offer an arrearage management program to its customers and that costs described in paragraph E are not paid for by the utility; and [PL 2021, c. 101, §1 (NEW).] E. Ensure that a transmission and distribution utility recovers in rates all reasonable costs of arrearage management programs, including: (1) Incremental costs; (2) Reconnection fees; (3) Administrative costs; (4) Marketing costs; (5) Costs for any 3rd-party assistance it receives in administering its arrearage management program; and (6) Costs for providing financial and budgetary guidance to participants whether provided directly or through a 3rd party contracted by the transmission and distribution utility to provide that guidance. The amount of any arrearage forgiven that is treated as bad debt for purposes of cost recovery by the transmission and distribution utility may not be included as a reasonable cost under this paragraph. [PL 2017, c. 414, §1 (AMD).] The Efficiency Maine Trust shall work with investor-owned transmission and distribution utilities, consumer-owned transmission and distribution utilities that elect to participate in an arrearage management program and other stakeholders to provide access to a complementary low-income energy efficiency program for participants in arrearage management programs in order to help reduce participants' energy consumption. No later than January 28, 2028, the commission shall prepare a report assessing the effectiveness of arrearage management programs from October 1, 2024 through September 30, 2027, including the number of participants enrolled in the programs, the number of participants completing the programs, the number of participants who have failed to complete the programs, the dollar amount of arrears forgiven, the impact on any participating transmission and distribution utility's bad debt as a result of the programs, the costs and benefits to all ratepayers associated with the programs and recommendations for ways in which the programs might be improved or continued for the benefit of all ratepayers. In preparing its report, the commission shall hold at least one formal stakeholder meeting involving affected parties, including the Office of the Public Advocate and the participating transmission and distribution utilities. Parties must also be provided an opportunity to submit written comments to the commission regarding the performance of the programs. The joint standing committee of the Legislature having jurisdiction over utilities matters may report out a bill relating to the commission report to the Second Regular Session of the 133rd Legislature. This subsection is repealed September 30, 2028. [PL 2023, c. 534, §§1-3 (AMD).]

3. Special rate. Nothing in this section may be construed to prohibit a transmission and distribution utility from offering any special rate or program for low-income customers that is not in effect as of the effective date of this chapter, subject to the approval of the commission. [PL 1997, c. 316, §3 (NEW).]

4. Financial support. If the Legislature appropriates from the General Fund financial support for households and individuals receiving assistance under this section, the commission may not terminate the assistance provided by transmission and distribution utilities unless the General Fund source has completely replaced such assistance. The commission may adjust the assistance provided pursuant to this section based on the amount of any financial support from the General Fund and may reinstitute assistance subsequent to any termination of assistance if the commission finds that the General Fund source no longer completely replaces such assistance. [PL 1997, c. 316, §3 (NEW).]

5. Ensuring equitable treatment for persons with certain disabilities. If the commission establishes or approves one or more low-income assistance programs under subsection 2 or 3 that result in similarly situated persons receiving different levels of assistance depending solely upon which transmission and distribution utility service territory they reside in, the commission shall by rule establish an equitable-treatment program consistent with this subsection. A. The equitable-treatment program must be available to any person who: (1) Is eligible for benefits under the transmission and distribution utility's low-income assistance program established in accordance with subsection 2 ; and (2) Provides documentation from a doctor that the person for health reasons needs an oxygen pump or ventilator at least 8 hours each day. [PL 2007, c. 97, §1 (AMD).] B. The equitable-treatment program must be designed to ensure that the low-income assistance benefits provided under this section to persons who qualify under paragraph A mitigate, to an extent that is reasonably equivalent in each transmission and distribution utility territory, electric charges associated with the operation of an oxygen pump or ventilator. The commission may not reduce any assistance provided under any low-income assistance program established under subsection 2 in order to satisfy the requirements of this paragraph. [PL 2007, c. 97, §2 (AMD).] C. The commission shall establish an administratively simple and inexpensive method of administering the equitable-treatment program. [PL 2005, c. 132, §1 (NEW).] D. Reasonable costs incurred by a transmission and distribution utility in implementing any program established by the commission under this subsection are just and reasonable expenses for rate-making purposes. [PL 2005, c. 132, §1 (NEW).] E. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 132, §1 (NEW).] [PL 2007, c. 97, §§1, 2 (AMD).]

6. Annual report. The commission shall include in its annual report pursuant to section 120, subsection 7 a report on low-income assistance programs established or approved under subsection 2 or 3 and any equitable-treatment program established pursuant to subsection 5 . The report must, at a minimum, include: A. For each month of the program year, the number of participants enrolled in low-income assistance programs, the number receiving oxygen pump benefits and the number receiving ventilator benefits; [PL 2007, c. 97, §3 (NEW).] B. For each month of the program year, the dollar amount of low-income assistance program benefits, the dollar amount of oxygen pump benefits and the dollar amount of ventilator benefits; and [PL 2025, c. 110, §4 (AMD).] C. [PL 2025, c. 110, §5 (RP).] D. An identification of the sources of funds used for low-income assistance program benefits for the program year. [PL 2023, c. 201, §2 (NEW).] [PL 2025, c. 110, §§4, 5 (AMD).]
35-A M.R.S. § 9204-A — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9204-A
35-A §9204-A. Duties of authority
Status: in_force

1. Establish criteria defining unserved and underserved areas. The authority, by rule adopted pursuant to section 9205, subsection 3 , shall establish criteria to define unserved and underserved areas with respect to broadband service. Criteria established by the authority to define unserved and underserved areas must include the percentage of households with access to broadband service within a municipality or other appropriate geographic area. The authority shall use these criteria to determine those areas of the State that are unserved or underserved. [PL 2015, c. 284, §7 (NEW).]

2. Promote use of broadband service. The authority shall promote use of broadband service by identifying and sharing best practices that encourage use of broadband service, eliminating barriers to use of broadband service and facilitating and supporting public-private partnerships to increase use of broadband service. [PL 2015, c. 284, §7 (NEW).]

3. Support local and regional broadband planning. The authority shall provide technical and planning support and approve financial assistance to communities in the State that include unserved and underserved areas to identify the need for broadband infrastructure and services and develop and implement plans to meet those needs. [PL 2019, c. 343, Pt. QQ, §3 (AMD).]

4. Support broadband investment. The authority shall expand the availability of broadband service to residential and small business customers in unserved or underserved areas by identifying, developing and providing funding for broadband investments in unserved and underserved communities. Such investments may include infrastructure that is used by a single provider or by multiple providers. [PL 2015, c. 284, §7 (NEW).]

5. Facilitate state support of deployment of broadband infrastructure. The authority shall review, recommend and facilitate changes in laws, rules, programs and policies of the State and its agencies to further deployment of broadband infrastructure to all unserved and underserved areas of the State. The authority shall assist in identifying opportunities to use broadband infrastructure to achieve the state policies and goals as set out in section 9202‑A and support coordination between communications providers and state and local governmental entities on initiatives where broadband infrastructure could be advanced. [PL 2019, c. 343, Pt. QQ, §4 (AMD).]

6. Collect and disseminate information. The authority shall collect, aggregate, coordinate and disseminate information regarding the availability of and need for advanced communications technology infrastructure in the State and opportunities for funding for broadband infrastructure and education. [PL 2015, c. 284, §7 (NEW).]

6-A. Notice of construction. The authority shall disseminate information about a proposed underground facility that it receives in accordance with section 2503, subsection 2 in a manner that is accessible to all parties that may be interested in installing a broadband conduit in the area of the proposed underground facility. [PL 2017, c. 344, §2 (NEW).]

7. Administer funds. The authority shall administer the ConnectMaine Fund as established pursuant to section 9211 and the Municipal Gigabit Broadband Network Access Fund established pursuant to section 9211‑A . [PL 2021, c. 362, §1 (AMD).]

8. Limitations on activities of the authority. Except as provided in section 9211‑A , the authority may not develop, acquire, fund, coordinate or otherwise undertake any project or make any grant, direct investment or loan under this chapter unless the authority determines that without the authority's action the installation of adequate advanced communications technology infrastructure in an unserved or underserved area would not occur within the same time period. When providing grants, direct investment or loans for broadband infrastructure investments, the authority shall give preference to those investments that provide the greatest relative improvement to existing broadband service in an unserved or underserved area. Notwithstanding any other provision of this chapter, the authority may not provide any wireline, wireless, satellite, voice, data or video service at retail or wholesale. [PL 2021, c. 362, §2 (AMD).]
35-A M.R.S. § 3206 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3206
35-A §3206. Marketing; small utilities
Status: in_force

1. Small utilities; limitations. Pursuant to the requirements of this section, on and after the beginning of retail access, an affiliated interest of a small investor-owned transmission and distribution utility may sell retail generation service to retail consumers of electricity located within or outside the service territory of the small investor-owned transmission and distribution utility with which it is affiliated. [PL 1997, c. 316, §3 (NEW).]

2. Rules of conduct. By July 1, 1998, the commission shall open a rule-making proceeding to determine the extent of separation between a small investor-owned transmission and distribution utility and an affiliated competitive electricity provider necessary to avoid cross-subsidization and market power abuses. By March 1, 1999, the commission shall provisionally adopt all rules required under this subsection. Rules adopted under this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A. In adopting rules under this subsection, the commission shall consider all relevant issues, including, but not limited to: A. Codes of conduct that may be required to ensure the effectiveness of the separation requirement; [PL 1997, c. 316, §3 (NEW).] B. Restrictions on employee activities; [PL 1997, c. 316, §3 (NEW).] C. Accounting standards; and [PL 1997, c. 316, §3 (NEW).] D. Information and service comparability requirements. [PL 1997, c. 316, §3 (NEW).] [PL 1997, c. 316, §3 (NEW).]

3. Commission study. The commission shall conduct a study to determine the most effective and efficient means of ensuring that the portions of this State that are currently connected to the New England electric grid through transmission lines that pass through Canada are connected to the grid in a manner that ensures that customers in those portions of the State are able to take full advantage of retail access. By January 1, 1999, the commission shall complete its study and report its findings and recommendations to the joint standing committee of the Legislature having jurisdiction over utility matters. [PL 1997, c. 316, §3 (NEW).]
35-A M.R.S. § 6806 — ME Code / Title 35-A / Part 6 / Chapter 68 / Section 6806
35-A §6806. Staff
Status: in_force

A regional water council may employ staff and consult and retain experts that it considers necessary. [PL 2005, c. 209, §1 (NEW).]
35-A M.R.S. § 3405 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3405
35-A §3405. Prohibition on offshore wind power projects in territorial waters and submerged lands
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Associated facilities" has the same meaning as in section 3451, subsection 1 . [PL 2021, c. 407, §2 (NEW).] B. "Offshore wind energy demonstration project" has the same meaning as in Title 38, section 480‑HH, subsection 1, paragraph H . [PL 2021, c. 407, §2 (NEW).] C. "Offshore wind power project" means an offshore project that uses a windmill or wind turbine to convert wind energy to electrical energy. "Offshore wind power project" includes both generating facilities as defined by section 3451, subsection 5 and associated facilities, without regard to whether the electrical energy is for sale or use by a person other than the generator. [PL 2021, c. 407, §2 (NEW).] D. "Pilot-scaled, limited duration offshore wind power research and development project" means an offshore project that uses a wind turbine to convert wind energy to electrical energy, has a generating capacity of no more than 0.5 megawatts and is operational for no more than 5 years. [PL 2021, c. 407, §2 (NEW).] E. "Submerged lands" has the same meaning as in Title 12, section 1801, subsection 9 . [PL 2021, c. 407, §2 (NEW).] F. "Territorial waters" has the same meaning as in Title 12, section 6001, subsection 48‑B . [PL 2021, c. 407, §2 (NEW).] [PL 2021, c. 407, §2 (NEW).]

2. Prohibition. Notwithstanding any provision of law to the contrary and except as otherwise provided by subsection 3 , a state agency or municipality or other political subdivision of the State may not license, permit or otherwise approve or authorize the siting, construction or operation of or issue a lease or grant an easement or other real property interest for a windmill or wind turbine or tower for an offshore wind power project in state-owned submerged lands or territorial waters. [PL 2021, c. 407, §2 (NEW).]

3. Exemption. The prohibition established under subsection 2 does not apply to: A. A pilot-scaled, limited-duration offshore wind power research and development project; [PL 2021, c. 407, §2 (NEW).] B. An offshore wind energy demonstration project and its associated facilities proposed for location in the Maine Offshore Wind Energy Research Center designated by the Department of Agriculture, Conservation and Forestry pursuant to Title 12, section 1868 and for which, prior to the effective date of this section, the commission has approved the terms of a long-term power purchase agreement. Subsequent amendment of the terms of such an agreement does not affect the applicability of this exemption; [PL 2021, c. 407, §2 (NEW).] C. The licensing, permitting or approval by a state agency or municipality or other political subdivision of the State of the siting, construction or operation of or the issuance of a lease or the grant of an easement or other real property interest for portside infrastructure or associated facilities other than utility cables or transmission lines governed by paragraph D that are intended to support generation of electricity from offshore wind energy facilities located seaward of the territorial waters; and [PL 2021, c. 407, §2 (NEW).] D. The licensing, permitting or approval by a state agency or municipality or other political subdivision of the State of the siting, construction or operation of or the issuance of a lease or the grant of an easement or other real property interest for utility cables or transmission lines that are intended to support generation of electricity from offshore wind energy facilities located seaward of the territorial waters if, by March 1, 2023: (1) The Governor's Energy Office has completed a strategic plan to inform the development of offshore wind power projects that minimizes conflict with existing maritime industries, particularly fishing; identifies opportunities to preserve existing maritime businesses and jobs; and maximizes jobs, investment, new technologies and sustainability; (2) The Governor's Energy Office, in consultation with other state agencies, has conducted a review of applicable state laws and rules to determine whether the existing offshore wind energy statutory and regulatory framework protects the State's coastal resources in a manner that avoids or minimizes adverse effects on coastal resources and users from the development of offshore wind power projects located seaward of the territorial waters; and (3) The Governor's Energy Office, with input from the advisory board of the Offshore Wind Research Consortium established in section 3406 , has identified the preliminary research questions the consortium seeks to answer regarding the development of offshore wind power projects. The Governor's Energy Office shall submit a report to the joint standing committee of the Legislature having jurisdiction over energy and utility matters when the conditions established under subparagraphs (1) to (3) are met. [PL 2021, c. 407, §2 (NEW).] [PL 2021, c. 407, §2 (NEW).]
35-A M.R.S. § 4357 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4357
35-A §4357. Procedure, liability and penalties incorporated by reference; construction
Status: in_force

To the extent that they are not in conflict with this chapter, chapters 13 and 15 apply to this chapter. This subchapter shall be construed liberally in order to achieve the purposes stated in this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3210-D — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-D
35-A §3210-D. Resource plan
Status: in_force

The commission shall adopt by rule a long-term plan for electric resource adequacy for this State to ensure grid reliability and the provision or availability of electricity to consumers at the lowest cost. [PL 2005, c. 677, Pt. C, §1 (NEW).]

After final adoption of rules under this section, the commission shall take any necessary action within its authority under this Title to support achievement of the objectives of the plan. [PL 2005, c. 677, Pt. C, §1 (NEW).]

Rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 677, Pt. C, §1 (NEW).]
35-A M.R.S. § 2104 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2104
35-A §2104. Commission approval for gas companies to furnish service
Status: in_force

1. Approval of commission required; generally. Except as provided in subsection 2 , a gas utility may not furnish its service in or to any municipality within the State without the approval of the commission. [PL 2001, c. 124, §1 (NEW).]

2. Approval not required; no other utility serving. Notwithstanding section 2102 or 2105 , a gas utility authorized to furnish service and serving customers within the State is not required to obtain the approval of the commission to serve in any municipality in which no other gas utility is furnishing similar service unless the commission, in an order issued pursuant to subsection 3 , specifically provides otherwise. [PL 2001, c. 124, §1 (NEW).]

3. Limited grant of authority. The commission, in an order granting authorization to a person to operate, manage or control a gas utility in any municipality in this State, may expressly limit the area in which the gas utility may provide service without further approval of the commission only if: A. The commission finds that the financial and technical capacity of the gas utility is limited in a manner that public convenience and necessity require such limited authorization; or [PL 2001, c. 124, §1 (NEW).] B. The person seeking authorization requests that the authorization be limited to a particular area. [PL 2001, c. 124, §1 (NEW).] [PL 2001, c. 124, §1 (NEW).]
35-A M.R.S. § 6431 — ME Code / Title 35-A / Part 6 / Chapter 64-A / Section 6431
35-A §6431. Consolidation of consumer-owned water utilities into a single consumer-owned water utility
Status: in_force

1. Petition. Upon a petition of 2 or more consumer-owned water utilities for the consolidation of the consumer-owned water utilities into a single consumer-owned water utility, the commission shall initiate a proceeding to determine whether the proposed consolidation is in the public interest. [PL 2023, c. 325, §9 (NEW).]

2. Differing rates request. Two or more consumer-owned water utilities may request in the petition submitted in accordance with subsection 1 to have differing geographically based rate structures consistent with the service areas serviced by the petitioning utilities if the commission approves consolidation into a single consumer-owned water utility. The commission may disallow the use of differing rate structures if the commission finds it is not in the best interest of ratepayers. [PL 2023, c. 325, §9 (NEW).]

3. Notice to customers; public meeting. Prior to the filing of a petition pursuant to subsection 1 , the consumer-owned water utilities seeking consolidation must first hold a public meeting at which any customer may provide comment and may question the officials present regarding the proposed consolidation. The consumer-owned water utilities shall, at least 14 days prior to the public meeting required under this subsection, provide notice of the proposed consolidation and the meeting in a manner prescribed by the commission, including the date, time, place and purpose of the meeting to each of its customers. The notice must include a statement describing the consolidation. A public meeting held pursuant to this subsection must include a public comment period prescribed by the commission. After the public meeting, the governing bodies of the consumer-owned water utilities shall hold a meeting to deliberate and vote on the proposed consolidation, which may be modified on the basis of public comments received during the public meeting. The consumer-owned water utilities shall take minutes of the public meeting and the subsequent meeting of the governing bodies. Upon good cause shown, the commission may waive one or more of the requirements of this subsection. [PL 2023, c. 325, §9 (NEW).]

4. Proceeding; approval. Upon a petition filed pursuant to subsection 1 , the commission shall provide in a proceeding customers of the petitioning consumer-owned water utilities and other interested persons the opportunity to comment on or object to the proposed consolidation. Upon the conclusion of the proceeding, the commission shall issue a written decision. The commission may approve the consolidation petition or modifications of the petition upon a finding that the consolidation is in the public interest, subject to any reasonable conditions imposed by the commission. [PL 2023, c. 325, §9 (NEW).]

5. Rulemaking. The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 325, §9 (NEW).]
35-A M.R.S. § 5101-D — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5101-D
35-A §5101-D. Unscheduled freight services
Status: in_force

The commission shall issue a certificate of public convenience and necessity to an applicant filing a tariff meeting the following listed minimum conditions. [PL 1991, c. 774, §2 (NEW).]

1. Mainland service. For service between mainland Cumberland County and Long Island, Cliff Island, Little Diamond Island, Great Diamond Island and Chebeague Island and service between these islands: A. The service is for unscheduled transportation of a roll-on and roll-off vehicle, as defined by the commission by rule, with a cargo weight in excess of 5 gross tons, excluding 4-wheel trucks and cars of 10 or less gross tons unless carried in conjunction with a roll-on and roll-off vehicle with a cargo weight in excess of 5 gross tons; [PL 1991, c. 774, §2 (NEW).] B. The vehicles transported: (1) Carry only commodities in bulk, construction materials, or household goods, provided that the household goods are carried in tractor trailers; or (2) Are construction equipment or special purpose vehicles, such as trash compactors and emergency equipment. Freight transported in the vehicles may not include food, beverages, perishables and wrapped or boxed freight; and [PL 1991, c. 774, §2 (NEW).] C. Loading and unloading of vessels does not occur at wharves or docks used by the Casco Bay Island Transit District for its scheduled service. [PL 1991, c. 774, §2 (NEW).] [PL 1991, c. 774, §2 (NEW).]

2. Peaks Island service. For service between Peaks Island and mainland Cumberland County and between Peaks Island and Long Island, Cliff Island, Little Diamond Island, Great Diamond Island, Chebeague Island or Bailey Island: A. The service is for unscheduled transportation of a roll-on and roll-off vehicle, as defined by the commission by rule, with a cargo weight in excess of 5 gross tons, excluding 4-wheel trucks and cars of 10 or less gross tons unless carried in conjunction with a roll-on and roll-off vehicle with a cargo weight in excess of 5 gross tons; [PL 1991, c. 774, §2 (NEW).] B. The vehicles transported: (1) Carry only commodities in bulk, construction materials, or household goods, provided that the household goods are carried in tractor trailers; or (2) Are construction equipment or special purpose vehicles, such as trash compactors and emergency equipment. Freight transported in the vehicles may not include food, beverages, perishables, and wrapped or boxed freight; [PL 1991, c. 774, §2 (NEW).] C. The freight carried in vehicles transported on any single trip may consist of property of multiple owners only if that property was originally sold by a single vendor who is the owner of one of the vehicles transported on the trip or if the freight contained in the vehicles transported on the trip is for the performance or is related to the performance of a single contract performed or to be performed by the owner of one of the vehicles carried on the trip; and [PL 1991, c. 774, §2 (NEW).] D. Loading and unloading of vehicles does not occur at any wharf or dock used by the Casco Bay Island Transit District for its scheduled service. [PL 1991, c. 774, §2 (NEW).] [PL 1991, c. 774, §2 (NEW).]

3. Statement of fees. The tariff includes the statement of the hourly fee of the carrier and the minimum fee of the carrier, which may not be less than one hour at the hourly fee. [PL 1991, c. 774, §2 (NEW).]

For the purposes of this section, the term "unscheduled transportation" means transportation that is provided on demand, not pursuant to any published or announced schedule and not as a part of a pattern of an operator in providing transportation at a regular or preset frequency. [PL 1991, c. 774, §2 (NEW).]
35-A M.R.S. § 7109 — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7109
35-A §7109. Unlawful telephone charges
Status: in_force

1. Unauthorized and duplicative line-item charges prohibited. A telephone utility may not charge a customer for, or include as a separate line-item charge on the customer's bill, any charge unless that charge represents: A. An actual service or fee authorized by the customer; or [PL 2009, c. 36, §2 (NEW).] B. An actual tax, fee or charge authorized or required by federal or state law or by a federal or state agency rule or order. [PL 2009, c. 36, §2 (NEW).] A telephone utility may not include in a line-item charge on a customer's bill any element of the telephone utility's costs that is charged for elsewhere on the customer's bill. [PL 2009, c. 36, §2 (NEW).]

2. Description of line-item charges required. A telephone utility shall provide on the customer's bill a brief, clear, nonmisleading, plain language description of each line-item charge included on the bill and the authorized service, tax or fee represented by that line-item charge. [PL 2009, c. 36, §2 (NEW).]

3. Enforcement. In addition to any authority the commission may have pursuant to other law, the commission may impose an administrative penalty upon a telephone utility for violation of this section. The amount of any administrative penalty imposed under this subsection may not exceed $1,000 per violator for violations arising out of the same incident or complaint and must be based on: A. The severity of the violation, including the intent of the violator and the nature, circumstances, extent and gravity of any prohibited acts; [PL 2009, c. 36, §2 (NEW).] B. The history of previous violations by the violator; [PL 2009, c. 36, §2 (NEW).] C. The amount necessary to deter future violations; [PL 2009, c. 36, §2 (NEW).] D. Good faith attempts to comply after notification of a violation; and [PL 2009, c. 36, §2 (NEW).] E. Such other matters as justice requires. [PL 2009, c. 36, §2 (NEW).] The commission shall provide a simple process for a customer of a telephone utility to report to the commission a line-item charge that the customer believes may violate this section. This subsection is not intended to limit any enforcement action or penalty pursued by the Attorney General for violations of Title 5, chapter 10 where applicable. [PL 2009, c. 36, §2 (NEW).]
35-A M.R.S. § 7105-A — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7105-A
35-A §7105-A. Automated telephone call reduction services
Status: in_force

Beginning January 1, 2022, a telephone utility that offers any service to subscribers in the State designed to reduce the number of calls received by a subscriber that are made using an automated telephone calling device or an artificial or prerecorded voice shall inform each subscriber as to the nature and cost of any such service offered and describe how the subscriber may elect to enroll in or take advantage of such service. Such information must be provided to a subscriber at the time the subscriber initiates service with the telephone utility and must be available on the telephone utility's website. A telephone utility shall offer any such service at a reasonably affordable cost to all subscribers in the State. [PL 2021, c. 109, §1 (NEW).]

For the purposes of this section, "automated telephone calling device" has the same meaning as in Title 10, section 1498, subsection 1, paragraph A . [PL 2021, c. 109, §1 (NEW).]
35-A M.R.S. § 3109 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3109
35-A §3109. Military veterans' organizations; residential customer (WHOLE SECTION TEXT EFFECTIVE UNTIL 10/01/27) (WHOLE SECTION TEXT REPEALED 10/01/27)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 10/01/27)

(WHOLE SECTION TEXT REPEALED 10/01/27)

1. Definitions. For the purposes of this section, the following terms have the following meanings. A. "Eligible military veterans' organization" means a military veterans' organization qualified under the federal Internal Revenue Code of 1986, 26 United States Code, Section 501(c)(19), as amended, excluding a trust or foundation for a post or organization of past or present members of the Armed Forces of the United States. [PL 2021, c. 244, §1 (NEW).] B. "Residential customer" means a customer defined as residential under the terms and conditions of the customer's transmission and distribution utility. [PL 2021, c. 244, §1 (NEW).] [PL 2021, c. 244, §1 (NEW).]

2. Residential rate for military veterans' organizations. A transmission and distribution utility shall, at the request of an eligible military veterans' organization, bill that organization at the same rate as the utility bills a residential customer for electric power or service provided to a facility owned by that organization or a facility rented by that organization if that organization is billed directly for electric power or service provided by the utility. [PL 2021, c. 244, §1 (NEW).]

3. Repeal. This section is repealed October 1, 2027. [PL 2025, c. 19, §1 (AMD).]
35-A M.R.S. § 1713 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1713
35-A §1713. Information for consumers
Status: in_force

In addition to the duties and responsibilities in section 1702 , the Public Advocate may publish in printed copy or electronic format, or both, information for consumers in the State relating to regulated services provided by public utilities, unregulated services provided by public utilities and unregulated services provided by any entity relating to telecommunications, electricity delivery or supply and gas delivery or supply. Telecommunications services include, but are not limited to, telephone service, Internet service, video service, wireless phone service, satellite service and voice over Internet protocol service. [PL 2013, c. 79, §1 (NEW).]
35-A M.R.S. § 8704 — ME Code / Title 35-A / Part 7 / Chapter 87 / Section 8704
35-A §8704. Council
Status: in_force

The Telecommunications Relay Services Council, as established by Title 5, section 12004‑G, subsection 30‑C , shall evaluate telecommunications relay services in this State and implement the Maine telecommunications relay services program as certified by the Federal Communications Commission pursuant to 47 Code of Federal Regulations, Part 64, Subpart F. [PL 2017, c. 408, §6 (AMD).]

1. Membership. The council consists of 11 voting members as follows: A. The Director of the Division for the Deaf, Hard of Hearing and Late Deafened, Bureau of Rehabilitation Services, Department of Labor, or a designee; [PL 2009, c. 174, §26 (AMD).] B. The chair of the Commission for the Deaf, Hard of Hearing and Late Deafened established by Title 5, section 12004‑J, subsection 17 , or a designee; [PL 2009, c. 652, Pt. A, §48 (AMD).] C. One member from the Public Utilities Commission, appointed by the commissioners; [PL 1989, c. 851, §7 (NEW).] C-1. One member from the Maine Connectivity Authority, as established in Title 5, section 12004‑G, subsection 33‑H , appointed by the president of the authority; [PL 2023, c. 182, §1 (NEW).] D. One member from the office of the Public Advocate, appointed by the Public Advocate; and [PL 1989, c. 851, §7 (NEW).] E. Six members appointed by the Governor as follows: (1) One member from the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf; (2) One member from a statewide association for the deaf; (3) One member from a disability rights organization in this State; (4) One member from the largest incumbent local exchange carrier providing telecommunications relay service in this State; and (6) Two members from the general public who use telecommunications devices for the deaf that operate in connection with telecommunications relay services as their primary means of telecommunications. [PL 2023, c. 182, §1 (AMD).] The executive director shall serve as a nonvoting member of the council in accordance with subsection 3‑A, paragraph E . [PL 2023, c. 182, §1 (AMD).]

2. Compensation. Members of the council are not authorized to receive payment or reimbursement for attendance or participation in regular meetings of the council, including but not limited to per diem compensation and mileage costs. The council is authorized to reimburse members and individuals designated by the council for costs associated with participation in conferences regarding telecommunications relay services and telecommunications devices for the deaf or technologies for the deaf and hard of hearing. [PL 2017, c. 408, §6 (AMD).]

2-A. Telecommunications Relay Services Council Fund. The Telecommunications Relay Services Council Fund, referred to in this section as "the fund," is established as a nonlapsing fund to fund the activities of the council in accordance with this section. The fund receives funds transferred by the commission in accordance with section 7104, subsection 7 . No more than $600,000 may be transferred into the fund annually. [PL 2017, c. 408, §6 (NEW).]

2-B. Meeting costs. The council is authorized to pay for costs associated with scheduled meetings of the council or any meeting of a duly authorized subcommittee of the council, including costs associated with a venue, refreshments, interpreters for meeting attendees and transcription services. [PL 2017, c. 408, §6 (NEW).]

3. Technical assistance. [PL 2017, c. 408, §6 (RP).]

3-A. Executive director. The council shall, within its allowable annual budget established by subsection 6 , hire a part-time executive director to assist in carrying out the powers and duties of the council. The executive director shall: A. Assist in the preparation and submission of the budget of the council required pursuant to subsection 6 ; [PL 2023, c. 182, §2 (NEW).] B. Prepare and submit the report required pursuant to subsection 8 ; [PL 2023, c. 182, §2 (NEW).] C. Assist the council with contract negotiations; [PL 2023, c. 182, §2 (NEW).] D. Assist the council with processing invoices; [PL 2023, c. 182, §2 (NEW).] E. Serve as a nonvoting member of the council; and [PL 2023, c. 182, §2 (NEW).] F. Perform all other duties necessary to assist the council in performing its powers and duties pursuant to subsection 5 . [PL 2023, c. 182, §2 (NEW).] [PL 2023, c. 182, §2 (NEW).]

4. Election of chair and vice-chair. Every 2 years, the members shall elect a chair and a vice-chair from among the membership. The vice-chair shall serve as acting chair in the absence of the chair. The council shall meet at the call of the chair but no fewer than 4 times during the calendar year. The chair may delegate, as necessary, duties to members of the council, either individually or through the formation of subcommittees, to carry out the functions of the council. [PL 2023, c. 182, §3 (AMD).]

5. Powers and duties. The council shall evaluate telecommunications relay services in this State and shall implement the Maine telecommunications relay services program as certified by the Federal Communications Commission pursuant to 47 Code of Federal Regulations, Part 64, Subpart F. In implementing the state program, the council shall develop and execute programs and policies as necessary, including, but not limited to, the development of training standards and an evaluation of the services being provided, including the quality and availability of those services. A. The council may enter into one or more contracts with telecommunications relay services providers for the purpose of providing intrastate telecommunications relay services. Notwithstanding any law to the contrary, the council shall choose one or more telecommunications relay services providers to provide intrastate telecommunications relay services through a bidding process developed in consultation with the division of purchases within the Department of Administrative and Financial Services, Bureau of General Services to be held no less than once every 5 years. The bidding process must ensure a process that recognizes the unique nature and limited number of telecommunications relay services providers. [PL 2017, c. 408, §6 (NEW).] B. The council may enter into agreements with one or more entities to work with the telecommunications relay services providers to encourage use of telecommunications relay services. Notwithstanding any law to the contrary, the council, in consultation with the division of purchases within the Department of Administrative and Financial Services, Bureau of General Services shall develop a process for entering into such agreements that recognizes the limited number of entities providing the services sought by the council. Any agreement established under this paragraph may include compensation for outreach services that encourage the use of telecommunications relay services. [PL 2017, c. 408, §6 (NEW).] C. The council may organize and fund projects designed to promote the use of telecommunications relay services, including but not limited to surveys, public forums and events. [PL 2017, c. 408, §6 (NEW).] D. The council may develop, administer and fund pilot projects to provide access to telecommunications relay services. [PL 2017, c. 408, §6 (NEW).] [PL 2017, c. 408, §6 (AMD).]

6. Council budget. The council shall prepare and submit to the commission an annual budget of the projected costs of the council under this section for the coming fiscal year. The annual budget may not exceed $600,000. The annual budget must be submitted to the commission and the commission shall transfer funds quarterly to meet the council's budgeted costs to the fund established in subsection 2‑A and pursuant to section 7104, subsection 7 . [PL 2017, c. 408, §6 (NEW).]

7. Conflicts. A member of the council may not participate in any decision on any contract entered into by the council under this section if that member has any interest, direct or indirect, in any firm, partnership, corporation or association that is party to the contract. The interest must be disclosed to the council in writing and must be set forth in the minutes of the council. [PL 2017, c. 408, §6 (NEW).]

8. Report. Beginning December 1, 2019 and annually thereafter, the council shall submit a report to the Public Utilities Commission that details the activities of the council, including all the expenditures the council has made from the fund and how all vendors that the council contracts with for services were selected. [PL 2017, c. 408, §6 (NEW).]
35-A M.R.S. § 1314 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1314
35-A §1314. Burden of proof
Status: in_force

1. Party adverse to the commission. In all trials, actions and proceedings arising under this Title or growing out of the exercise of the authority granted to the commission, the burden of proof is on the party adverse to the commission or seeking to set aside any determination, requirement, direction or order of the commission complained of as unreasonable, unjust or unlawful. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Public utilities. In all original proceedings before the commission where an increase in rates, tolls, charges, schedules or joint rate is complained of, the burden of proof is on the public utility to show that the increase is just and reasonable. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6111-B — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6111-B
35-A §6111-B. Landlord access to tenant bill payment information
Status: in_force

If a tenant is billed for water utility service provided to property rented by the tenant and nonpayment for the service may result in a lien against the property, the utility shall provide to the landlord or the landlord's agent, on request of the landlord or the landlord's agent, the current status of the tenant's account, including any amounts due or overdue. [PL 2005, c. 306, §2 (NEW).]
35-A M.R.S. § 3493 — ME Code / Title 35-A / Part 3 / Chapter 34-D / Section 3493
35-A §3493. Transfer of ownership
Status: in_force

Upon a transfer of ownership of a solar energy development subject to a decommissioning plan approved under section 3495 , a person that transfers ownership of the development remains jointly and severally liable for implementation of the plan until the environmental permitting entity approves transfer of the decommissioning plan to the new owner or operator. [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]
35-A M.R.S. § 6702 — ME Code / Title 35-A / Part 6 / Chapter 67 / Section 6702
35-A §6702. Petition by owner
Status: in_force

The owner of the property, within 30 days after the beginning of condemnation proceedings, may file with the commission a petition for a decision as to the necessity of the appropriation. A copy of the petition and order of notice, attested by the administrative director, shall be served on the defendant. [PL 1987, c. 490, Pt. B, §17 (RPR).]
35-A M.R.S. § 1907 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1907
35-A §1907. Revenues from energy cost reduction contracts and physical energy storage contracts
Status: in_force

Revenues received from the resale of natural gas pipeline capacity acquired through an energy cost reduction contract or physical energy storage capacity acquired through a physical energy storage contract must be used in accordance with this section. [PL 2015, c. 445, §6 (AMD).]

1. Establishment of Energy Cost Reduction Trust Fund. The Energy Cost Reduction Trust Fund is established as a nonlapsing fund administered by the commission for the purposes of this chapter. The commission is authorized to receive and shall deposit in the trust fund and expend in accordance with this section revenues received from an energy cost reduction contract and revenues received from the resale of natural gas pipeline capacity acquired through an energy cost reduction contract. The commission is authorized to receive and shall deposit in the trust fund and expend in accordance with this section revenues received from a physical energy storage contract and revenues received from the resale of physical energy storage capacity acquired through a physical energy storage contract. The funds in the trust fund are held in trust for the purpose of reducing the energy costs of consumers in the State and may not be used for any other purpose, except as described in subsection 2 . [PL 2015, c. 445, §6 (AMD).]

2. Distribution of funds. The commission shall distribute funds in the trust fund in the following order of priority: A. As a first priority, to the costs of monitoring and administering a contract pursuant to section 1906, subsection 2 ; and [PL 2013, c. 369, Pt. B, §1 (NEW).] B. As a 2nd priority, to utilities and other entities to reduce energy costs for electricity and natural gas ratepayers and consumers subject to a volumetric fee under section 1905, subsection 3 . The commission may distribute funds to benefit ratepayers of one or more transmission and distribution utilities, gas utilities or natural gas pipeline utilities or consumers subject to a volumetric fee under section 1905, subsection 3 in a manner that the commission finds is equitable, just and reasonable. [PL 2013, c. 369, Pt. B, §1 (NEW).] [PL 2013, c. 369, Pt. B, §1 (NEW).]
35-A M.R.S. § 10309 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10309
35-A §10309. Oil dependence reduction plan
Status: in_force

The department, with input from stakeholders and in consultation with the Efficiency Maine Trust, established in chapter 97 , shall develop a plan to reduce the use of oil in all sectors of the economy in this State. The plan must: [PL 2025, c. 476, Pt. A, §16 (NEW).]

1. Targets. Be designed to achieve the targets of reducing the State's consumption of oil by at least 30% from 2007 levels by 2030 and by at least 50% from 2007 levels by 2050; [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Policies and infrastructure changes. Focus on near-term policies and infrastructure changes that set the State on a reasonable trajectory to meet the 2030 and 2050 targets in subsection 1 ; [PL 2025, c. 476, Pt. A, §16 (NEW).]

3. Priorities. Prioritize the improvement of energy efficiency and the transition to the use of alternative energy sources for heating and transportation; and [PL 2025, c. 476, Pt. A, §16 (NEW).]

4. Data and analyses. Draw on existing state data and studies rather than new analyses, including, but not limited to, analyses and data from the state climate action plan pursuant to Title 38, section 577 and the progress updates to the climate action plan under Title 38, section 578 ; the state energy plan pursuant to section 10305, subsection 1 ; and the Efficiency Maine Trust's triennial plan pursuant to section 10104, subsection 4 and analyses completed by the Federal Government, nonprofit organizations and other stakeholders. [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 7234 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7234
35-A §7234. Interconnected voice over Internet protocol service
Status: in_force

Notwithstanding any other provision of law, a person, insofar as that person is providing interconnected voice over Internet protocol service, is not subject to any regulation under this Title as a telephone utility or as a public utility unless the person is providing provider of last resort service. Nothing in this section affects the application of any provision of this Title that otherwise expressly applies to a person providing interconnected voice over Internet protocol service or to voice service providers. [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 1502 — ME Code / Title 35-A / Part 1 / Chapter 15 / Section 1502
35-A §1502. Contempt
Status: in_force

Every public utility or person that fails to comply with an order, decision, rule, direction, demand or requirement of the commission or of a commissioner is in contempt of the commission and shall be punished by the commission for contempt in the same manner as contempt is punished by courts of record. Punishment for contempt is not a bar to and does not affect any other remedy prescribed in this Title, but is cumulative and in addition to other remedies. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3903 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3903
35-A §3903. Formation of single-member district
Status: in_force

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

1. By municipal officers. The municipal officers of any municipality may, by majority vote, determine that a municipal power district should be established under the terms of this chapter. If they make such a determination they shall call an election under subsection 3 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. By petition. Ten percent of the legal voters of a municipality may petition the municipal officers to call an election, under subsection 3 , for the purpose of forming a municipal power district. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Election. After a determination by the municipal officers, or upon petition in accordance with subsection 2 , the municipal officers shall, at the next regular election or town meeting, or at a special election or town meeting called and held by them, submit the following question to the legal voters in accordance with their charter or Title 30‑A, section 2528 :

"Shall the (name of municipality) Power District be created and incorporated under the Maine Revised Statutes, Title 35‑A, chapter 39 ?" [PL 1995, c. 254, §7 (AMD).]

4. Favorable vote. If a majority of the legal votes cast on this question favor incorporation, a municipal power district may be created for that municipality under this chapter upon declaration of the vote by the municipal officers, provided that the total number of votes cast for and against the incorporation equals or exceeds 40% of the total votes cast in that municipality for all candidates for Governor at the previous gubernatorial election. If not, the proposed district is not created at that time. Upon certification of a favorable vote by the municipal officers, the commission shall approve formation of the district if the commission finds that formation would be in conformance with the requirements of this Title. Upon approval by the commission, the district is created and the commission shall file certification of that approval with the Secretary of State. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1512 — ME Code / Title 35-A / Part 1 / Chapter 15 / Section 1512
35-A §1512. Unauthorized service
Status: in_force

The commission may order any person to cease and desist from providing service if it finds that the person has not obtained commission authorization to provide the service as required by this Title. The commission may impose the sanctions and penalties of this chapter upon any person that provides service without first obtaining commission authorization as required by this Title. [PL 2003, c. 505, §27 (NEW).]
35-A M.R.S. § 10312 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10312
35-A §10312. Reporting of petroleum product inventories and deliveries
Status: in_force

The following provisions govern the reporting of petroleum product inventories and deliveries. [PL 2025, c. 476, Pt. A, §16 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Petroleum product" means propane; gasoline; unleaded gasoline; gasohol; kerosene; #2 heating oil; diesel fuel; kerosene-based jet fuel; aviation gasoline; #4, #5 and #6 residual oil for utility and nonutility uses; and Bunker C oil. [PL 2025, c. 476, Pt. A, §16 (NEW).] B. "Primary storage facility" means a facility that receives petroleum products into the State by pipeline or by ship. [PL 2025, c. 476, Pt. A, §16 (NEW).] C. "Primary supplier" means a refiner, marketer, distributor, firm or person who makes the first sale of any petroleum product to resellers or consumers in this State. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Primary storage facility inventory and delivery reporting. On the first and 3rd Monday of each month, an owner or lessee of a primary storage facility in the State shall make an accurate report to the department of petroleum product inventories and deliveries on a form provided by the commissioner. The form must contain a conspicuous statement of the penalties provided in subsection 4 and must require, with regard to the owner's or lessee's primary storage facility, the following information: A. The total inventory of each petroleum product stored in the State, as measured within not more than 3 working days prior to the reporting date; and [PL 2025, c. 476, Pt. A, §16 (NEW).] B. The quantities of each petroleum product delivery expected into the State within 15 days of the reporting date or within any longer period established by the commissioner. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

3. Primary supplier petroleum product delivery reporting. On the 3rd Monday of each month, a primary supplier of petroleum products shall make an accurate report to the department of actual and anticipated deliveries on a form provided by the commissioner, unless the report is already being submitted in accordance with federal regulations. The form must contain a conspicuous statement of the penalties provided in subsection 4 and must require the following information: A. Actual deliveries of all petroleum products in this State during the preceding calendar month; [PL 2025, c. 476, Pt. A, §16 (NEW).] B. Anticipated deliveries of all petroleum products in this State during the following calendar month or during any longer period established by the commissioner; and [PL 2025, c. 476, Pt. A, §16 (NEW).] C. Allocation fractions for all petroleum products for the following month or for any longer period established by the commissioner. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

4. Violations. An owner or lessee of a primary storage facility or a primary supplier who fails to provide the information required by this section or who supplies false or misleading information commits a civil violation for which a fine of $2,500 may be adjudged. [PL 2025, c. 476, Pt. A, §16 (NEW).]

5. Department reports. If the department determines, based on available information, that there is or may be a significant shortfall in supply inventories or anticipated deliveries into the State of home heating oil or kerosene, the department shall provide a report to the joint standing committee of the Legislature having jurisdiction over energy matters including: A. The information that suggests a supply shortfall; [PL 2025, c. 476, Pt. A, §16 (NEW).] B. Current and anticipated inventories of home heating oil and kerosene storage supplies; [PL 2025, c. 476, Pt. A, §16 (NEW).] C. Any recommendations of the department for actions by the State in response to the anticipated supply shortfall; and [PL 2025, c. 476, Pt. A, §16 (NEW).] D. A report on inventories, deliveries, curtailments, shortfalls or other matters relating to the availability of petroleum products in this State, at the request of the joint standing committee of the Legislature having jurisdiction over energy matters. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 3606 — ME Code / Title 35-A / Part 3 / Chapter 36 / Section 3606
35-A §3606. Rules
Status: in_force

The commission shall adopt rules to implement this chapter. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 329, Pt. A, §4 (NEW).]
35-A M.R.S. § 10107 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10107
35-A §10107. Conflicts of interest; financial disclosure statements
Status: in_force

Each trustee is an "executive employee" for purposes of Title 5, sections 18 , 18‑A and 19 . A trustee or employee of the trust or a spouse or dependent child of any of those individuals may not receive any direct personal benefit from the activities of the trust in assisting any private entity. This section does not prohibit corporations or other entities with which a trustee is associated by reason of ownership or employment from participating in program activities with the trust if ownership or employment is made known to the board and the trustee abstains from voting on matters relating to that participation. [PL 2009, c. 518, §9 (AMD).]
35-A M.R.S. § 2513 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2513
35-A §2513. Relaying of pavement
Status: in_force

When an excavation is made in a paved street, road or highway and the opening is filled as required by sections 2511 and 2512 , the municipality or village corporation in which the opening was located shall relay the pavement unless the municipality or village corporation has entered into an agreement pursuant to Title 23, section 3357 requiring the permittee to relay the pavement. If the municipality or village corporation relays the pavement, the cost of relaying the pavement, including materials, labor and inspection, must be paid out of any funds in the special fund for this purpose. [PL 1999, c. 337, §12 (AMD).]
35-A M.R.S. § 119 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 119
35-A §119. Five-year review
Status: in_force

Commencing with a review in 1985, the commission shall review the laws governing Public Utilities Commission operations and areas of jurisdiction every 5 years. Upon the review, the commission shall submit to the joint standing committee of the Legislature having jurisdiction over utilities legislation to remove any outdated provisions. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3602 — ME Code / Title 35-A / Part 3 / Chapter 36 / Section 3602
35-A §3602. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 329, Pt. A, §4 (NEW).]

1. Community-based renewable energy project. "Community-based renewable energy project" means a locally owned electricity generating facility that generates electricity from an eligible renewable resource. [PL 2009, c. 329, Pt. A, §4 (NEW).]

2. Eligible renewable resource. "Eligible renewable resource" means a renewable capacity resource as defined in section 3210, subsection 2, paragraph B‑3 . [PL 2009, c. 542, §8 (AMD).]

3. Locally owned electricity generating facility. "Locally owned electricity generating facility" means an electricity generating facility at least 51% of which is owned by one or more qualifying local owners. [PL 2009, c. 329, Pt. A, §4 (NEW).]

3-A. Net generating capacity. "Net generating capacity" means the output of a 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 and energy consumed for plant lighting, power and auxiliary facilities. [PL 2015, c. 232, §1 (NEW).]

4. Program participant. "Program participant" means a community-based renewable energy project that is participating in the community-based renewable energy pilot program established in section 3603 . [PL 2009, c. 329, Pt. A, §4 (NEW).]

5. Qualifying local owner. "Qualifying local owner" means a person or entity that is: A. An individual who is a resident of the State; [PL 2009, c. 329, Pt. A, §4 (NEW).] B. A political subdivision of the State, including, but not limited to, a county, municipality, quasi-municipal corporation or district as defined in Title 30‑A, section 2351 , school administrative unit as defined in Title 20‑A, section 1 , public or private institution of higher education, regional council of governments or any other local or regional governmental organization, including, but not limited to, a board, commission or association; [PL 2009, c. 329, Pt. A, §4 (NEW).] C. A department, agency or instrumentality of the State; [PL 2009, c. 329, Pt. A, §4 (NEW).] D. A federally recognized Indian tribe located in the State; [PL 2009, c. 329, Pt. A, §4 (NEW).] E. A nonprofit corporation, organized under the laws of the State, including a unit owners association organized under Title 33, section 1603‑101 ; or [PL 2009, c. 329, Pt. A, §4 (NEW).] F. A business corporation, organized under the laws of the State, at least 51% of which is owned by one or more residents of the State. [PL 2009, c. 329, Pt. A, §4 (NEW).] [PL 2009, c. 329, Pt. A, §4 (NEW).]
35-A M.R.S. § 7106 — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7106
35-A §7106. Unauthorized change of carrier
Status: in_force

1. Unauthorized change of carrier. This subsection governs the initiation of a change in a customer's local or intrastate interexchange carrier that is not authorized by that consumer. A. Notwithstanding Title 32, chapter 69, subchapter 5 or Title 32, section 14716 , and except as otherwise provided by the commission by rule adopted pursuant to subsection 3 , a local or intrastate interexchange carrier may not initiate the change of a customer's local or intrastate carrier unless the change is expressly authorized by the customer as verified by one of the following methods: (1) Written or electronically signed authorization from the customer; (2) Toll-free electronic authorization placed from the telephone number that is the subject of the change order; or (3) Oral authorization of the customer obtained by an independent 3rd party. [PL 2007, c. 638, §2 (AMD).] B. When a customer's service is changed to a new local or intrastate interexchange carrier, the new local or intrastate interexchange carrier shall maintain for 24 months a record of nonpublic customer-specific information that establishes that the customer authorized the change. [PL 2003, c. 530, §2 (AMD).] C. [PL 2003, c. 530, §3 (RP).] D. A local or intrastate interexchange carrier that has initiated an unauthorized customer change shall: (1) Pay all usual and customary charges associated with returning the customer to the customer's original local or intrastate interexchange carrier; (2) Return to the customer any amount paid to that carrier by the customer or on the customer's behalf; and (3) Pay any access charges and related charges to access providers or to an underlying carrier when applicable. [PL 2011, c. 623, Pt. B, §26 (AMD).] E. [PL 2011, c. 623, Pt. B, §26 (RP).] [PL 2011, c. 623, Pt. B, §26 (AMD).]

2. Penalty. A local or intrastate interexchange carrier that violates this section is subject to penalty in accordance with this subsection. A. The commission may impose an administrative penalty against any person who violates this section or any rule or order adopted pursuant to this section. In determining whether to impose a penalty, the commission may consider whether the violation was intentional. The penalty for a violation may be in an amount not to exceed $7,200 for each day the violation continues, up to a maximum of $57,000 for a first offense and a maximum of $157,000 for subsequent offenses. The amount of the penalty must be based on: (1) The severity of the violation, including the intent of the violator, the nature, circumstances, extent and gravity of any prohibited acts; (2) The history of previous violations; (3) The amount necessary to deter future violations; (4) Good faith attempts to comply after notification of a violation; and (5) Such other matters as justice requires. [PL 2021, c. 318, §20 (AMD).] B. [PL 2011, c. 623, Pt. B, §26 (RP).] C. [PL 2003, c. 505, §41 (RP).] D. The commission may order a telephone utility to withhold funds collected on behalf of a carrier that is subject to an administrative penalty proceeding conducted pursuant to this section if it finds that it is more likely than not that penalties will be imposed or customer refunds will be ordered that are equal to or greater than the amount ordered withheld. The commission shall provide the carrier notice and an opportunity to be heard prior to ordering funds to be withheld. If the commission finds that there is a clear danger that, if notified in advance, the carrier will conceal or otherwise make funds unavailable to satisfy penalties or customer refunds prior to providing notice and an opportunity to be heard, it may issue an order to the public utility to withhold the funds without providing notice or an opportunity to be heard. To issue such an order, the commission must also make the first finding required by this paragraph. The commission shall, without delay, provide a copy of the order to the carrier along with written notice that the carrier, on request, will be provided with an opportunity to contest the finding that it is more likely than not that penalties will be imposed or customer refunds will be ordered that are equal to or greater than the amount ordered withheld. [PL 2003, c. 505, §42 (NEW).] [PL 2021, c. 318, §20 (AMD).]

3. Rules. The commission shall adopt nondiscriminatory and competitively neutral rules to further implement this section. A. [PL 2011, c. 623, Pt. B, §26 (RP).] B. [PL 2011, c. 623, Pt. B, §26 (RP).] C. [PL 2011, c. 623, Pt. B, §26 (RP).] D. [PL 2011, c. 623, Pt. B, §26 (RP).] 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. B, §26 (AMD).]

4. Enforcement. The commission through its own counsel or through the Attorney General may apply to the Superior Court of any county of the State to enforce any lawful order made or action taken by the commission pursuant to this section. The court may issue such orders, preliminary or final, as it considers proper under the facts established before the court. [PL 1997, c. 702, §1 (NEW).]

5. Notice to the Attorney General. If the commission has reason to believe that any carrier has violated any provision of the law for which criminal prosecution is provided and would be in order or any law regarding fraud or consumer protection, the commission shall notify the Attorney General. The Attorney General shall promptly institute any actions or proceedings the Attorney General considers appropriate. [PL 2011, c. 623, Pt. B, §26 (AMD).]

6. Customer education. The Public Advocate shall periodically inform telephone customers in the State of the protections and rights provided by this section. [PL 2007, c. 638, §3 (NEW).]
35-A M.R.S. § 4173 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4173
35-A §4173. Jurisdiction of Public Utilities Commission
Status: in_force

The agency is subject to the jurisdiction of the commission in the same manner as any other public utility; provided that, with respect to the approval of securities to be issued to finance the costs of a project or an interest in a project by the agency, upon the request of the agency, the commission shall approve, at one time, bonds which are sufficient to finance the agency's entire costs of the project even if the bonds are to be issued in series from time to time and even though the exact amount of the cost has not been finally determined and the approval may be of an undetermined or indefinite amount; as long as the project has been approved by the commission pursuant to section 3132 and provided that, with respect to the fixing of rates to be charged by the agency for electricity and other services, where the acquisition or construction of a project or any interest in a project is to be financed by the issuance of securities under this chapter secured by a pledge of revenues derived from contracts for the sale of power and energy, transmission and related services and such contracts as proposed provide for rate and charges to be set by a formula or formulas based upon costs incurred or to be incurred in connection with the financing and operation of the project, which may include reasonable reserves for the costs, if the commission determines that the formula and formulas are reasonably related to the costs, the commission shall issue an order approving the formula or formulas and no further approval by the commission of the rates and charges determined pursuant to the contracts shall be required. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4706 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4706
35-A §4706. Commission authority to adopt alternative rate-making mechanisms
Status: in_force

1. Alternative rate-making mechanisms. This Title may not be construed to prohibit the commission from or to restrict the commission in establishing or authorizing any reasonable alternative rate-making mechanisms for gas utilities to promote efficiency in operations, create appropriate financial incentives, promote rate stability and promote equitable cost recovery. Alternative rate-making mechanisms may include, but are not limited to: A. Multiyear rate-making plans that cap or otherwise establish mechanisms for future rate or revenue changes; [PL 1997, c. 707, §10 (NEW).] B. Reconciliation of actual revenues or costs with projected revenues or costs; [PL 1997, c. 707, §10 (NEW).] C. Adjustment of rates or revenues based on the use of any index, formula, forecast or projection; [PL 1997, c. 707, §10 (NEW).] D. Adjustment of rates or revenues based on an earnings-sharing, range-of-freedom or rate-stability plan; [PL 1997, c. 707, §10 (NEW).] E. Positive or negative financial incentives; and [PL 1997, c. 707, §10 (NEW).] F. Streamlined regulation or deregulation of services or entities when regulation is not required to protect the public interest. [PL 1997, c. 707, §10 (NEW).] In adopting an alternative rate-making mechanism, the commission may consider the costs of regulation, the benefits of the rate plan to the utility and to ratepayers, the impact on economic development, the reallocation of risk between investors and ratepayers, the development of a competitive market for gas services that are not natural monopolies and any other factor relevant to the establishment or authorization of an alternative rate-making mechanism. Prior to adopting an alternative rate-making mechanism, the commission shall consider the need for a rate case in order to establish a base line for the alternative rate-making mechanism. [PL 1997, c. 707, §10 (NEW).]

2. Adoption of rate-making mechanisms. Upon the filing of an application for a rate plan by a gas utility, or upon the commission's own motion, the commission, in an adjudicatory proceeding, may adopt alternative rate-making mechanisms for any gas utility in the State. The alternative rate-making mechanisms need not conform with chapter 3 to the extent that the provisions of chapter 3 require the use of rate-base, rate-of-return or any other specific form of regulation of the rates of a gas utility or to the extent that the provisions of chapter 3 give any party, including the gas utility, the right to petition to change rates for gas services. This section may not be construed to limit the authority of the commission under section 1322 . [PL 1997, c. 707, §10 (NEW).]

3. Just and reasonable rates. In determining the reasonableness of any rate-adjustment mechanism established under this subchapter, the commission shall apply the standards of section 301 to ensure that the rates resulting from the implementation of a rate-adjustment mechanism are just and reasonable. Prior to the adoption of a new or replacement alternative rate plan or renewal of any existing alternative rate plan, the commission shall, in order to ensure that rates at the starting point of the plan are just and reasonable, conduct a revenue requirement and earnings review pursuant to the standards of section 301 . In conducting such a review under this subsection, the commission, at its discretion, may conduct the review in a manner designed to minimize the cost of the review to ratepayers. [PL 2003, c. 45, §2 (AMD).]

4. General safeguards. In adopting alternative rate-making mechanisms, the commission shall consider appropriate consumer and competitive safeguards. [PL 1997, c. 707, §10 (NEW).]

5. Rate flexibility. Notwithstanding sections 307 and 703 , the commission, in an adjudicatory proceeding, may authorize a gas utility to implement a program under which: A. The utility may change its schedule of rates with limited notice to the commission; and [PL 1997, c. 707, §10 (NEW).] B. The utility may enter into contracts for the sale of gas, transmission and distribution services and related management services with limited or no prior approval by the commission. [PL 1997, c. 707, §10 (NEW).] The commission shall establish the terms and conditions under which a program is authorized under this subsection. [PL 1997, c. 707, §10 (NEW).]

6. Amendment to multiyear rate plans. The commission may not amend or prematurely terminate the terms of a multiyear rate plan in a manner that prevents or threatens the utility's opportunity to recover a reasonable rate of return over the entire term of the plan. The commission shall ensure compliance with the requirements of this subsection in the revenue requirement proceeding and earnings review required by subsection 3 . [PL 2003, c. 45, §2 (AMD).]

7. Authority. The authority granted to the commission under this section is in addition to the authority of the commission granted under other provisions of this Title and this section may not be construed to limit the authority of the commission under any other provision of this Title. [PL 1997, c. 707, §10 (NEW).]

8. Cost-of-gas adjustment. As part of the implementation of alternative rate-making mechanisms pursuant to this section, the commission may waive or modify the requirements of section 4703 to the extent necessary to promote efficiency in operation, appropriate financial incentives, rate stability or equitable cost recovery. [PL 1997, c. 707, §10 (NEW).]

9. Report. The commission shall include in its annual report pursuant to section 120, subsection 6 any significant developments with respect to any actions taken or proposed to be taken by the commission under this section. [PL 2009, c. 122, §16 (AMD).]
35-A M.R.S. § 2110 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2110
35-A §2110. Extension of service
Status: in_force

A public utility organized by Private and Special Act of the Legislature may extend its service as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Commission authorization. The commission may authorize a public utility organized by private and special act of Legislature to furnish or extend its service in, to or through a city or town notwithstanding any territorial limitations, express or implied, in the private and special act of the Legislature by which it was organized or under which it is enfranchised. Within 20 days after the commission's final authorization, the public utility shall file a certificate that shows the authorization with and pay $20 to the Secretary of State. When the certificate is filed, the public utility's power to extend its service becomes effective. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. The commission's powers and limitations. The commission's powers and limitations, made applicable under this section, are those applicable by law in like cases concerning public utilities organized under Title 13‑C or any prior general corporation law. [PL 2003, c. 344, Pt. D, §23 (AMD).]
35-A M.R.S. § 3145 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3145
35-A §3145. State energy storage policy goals
Status: in_force

The state goal for energy storage system development is at least 300 megawatts of installed capacity located within the State by December 31, 2025 and at least 400 megawatts of installed capacity located within the State by December 31, 2030. Beginning January 15, 2027, and every 2 years thereafter, when updating the state energy plan in accordance with Title 2, section 9, subsection 3, paragraph C , the Governor's Energy Office established in Title 2, section 9 shall reevaluate and may increase the state goal for energy storage system development and shall, in the state energy plan, report any increase to the goal to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters. For the purposes of this section, "energy storage system" has the same meaning as in section 3481, subsection 6 . [PL 2025, c. 105, §1 (AMD).]
35-A M.R.S. § 3733 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3733
35-A §3733. Bylaws
Status: in_force

1. Trustees adopt first bylaws. The board of trustees shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion or consolidation. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Members adopt, amend or repeal following bylaws. After the first bylaws have been adopted, the members shall adopt, amend or repeal the bylaws by the affirmative vote of a majority of those members voting at a meeting of the members. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Contents of bylaws. The bylaws shall set forth the rights and duties of members and trustees and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this chapter or with its articles of incorporation. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2312 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2312
35-A §2312. Facilities in municipally designated historic districts
Status: in_force

1. Location of facilities in municipally designated historic district. A public utility or other facility owner that owns facilities, as defined in section 2502, subsection 3 , along a state highway or state aid highway located in a district designated a historic district by a municipality by ordinance shall provide, upon written demand by the governing body of that municipality, services to buildings or structures located along the state highway or state aid highway either by connecting its facilities to the rear of those buildings or structures, if rear access is reasonably available from other poles, however owned and controlled, legally located in public streets or ways, or by placing those facilities under the surface of the state highway or state aid highway. Any relocation or placement cost is the responsibility of the municipality whose governing body issued the written demand, unless the public utility or other facility owner has specifically agreed in writing to bear a portion of the cost. [PL 1999, c. 596, §1 (NEW).]

2. Cost estimate. A public utility or other facility owner that owns facilities, as defined in section 2502, subsection 3 , shall inform, within 60 days of receiving a written demand from a municipality pursuant to subsection 1 , the municipality's governing body of its preliminary estimate of costs of relocating facilities. The written demand must include the exact location within the public way of the proposed new placement or relocation, taking into consideration existing underground utilities. The municipality may rescind its demand for a relocation after reviewing the cost estimate. [PL 1999, c. 596, §1 (NEW).]
35-A M.R.S. § 4356 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4356
35-A §4356. Responsibility for decommissioning
Status: in_force

1. Decommissioning trust fund. In the first instance, the cost of decommissioning shall be paid from the decommissioning trust fund established for the plant being decommissioned. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Licensee responsible. If the assets of the decommissioning trust fund are insufficient to pay for the cost of decommissioning, the licensee shall be responsible for the additional cost. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Insufficient assets. If the assets of the licensee are insufficient to cover the remaining cost of decommissioning after the decommissioning trust fund is exhausted, the owners are jointly and severally liable for the safe and proper decommissioning of that nuclear power plant. If, under this subsection, any in-state owner pays decommissioning expenses in excess of its ownership share in the plant, that owner shall have a cause of action to recover that excess from the other owners. The Department of the Attorney General shall assist in bringing such an action. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. State not financially responsible; protective action. The State shall have no financial responsibility for decommissioning. If the Governor finds that, because of inadequate action by the responsible parties in carrying out decommissioning, protective action is reasonably required to protect the public health and safety, the State may undertake that action. In that case, the Department of the Attorney General shall bring action against the fund, the licensee and the owners to recover the cost of that protective action. Expenses incurred by the Department of the Attorney General in bringing that action shall be paid from the decommissioning trust fund. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Additional expense in rates. The commission shall include, as an allowable operating expense, in calculation of authorized rates, additional decommissioning funds actually supplied by an electric utility in the State, to the extent these are just and reasonable. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3210-G — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-G
35-A §3210-G. Renewable portfolio standard procurement
Status: in_force

The commission shall direct investor-owned transmission and distribution utilities to enter into one or more contracts for energy or renewable energy credits from Class IA resources in accordance with this section. Customers who have made an election pursuant to section 3210, subsection 10 are subject to prohibitions on bidding on or obtaining a contract under this section as provided in section 3210, subsection 10 . For purposes of this section, "Class IA resource" and "renewable energy credit" have the same meanings as in section 3210, subsection 2 . [PL 2019, c. 477, §2 (NEW).]

1. Competitive procurement. The commission shall conduct 2 competitive solicitations in order to select Class IA resources for contracts under this section. A. Through competitive solicitations under this section, the commission shall procure an amount of energy or renewable energy credits from Class IA resources that is equal to 14% of retail electricity sales in this State for the period from January 1, 2018 to December 31, 2018, as determined by the commission. (1) The commission shall initiate a first competitive solicitation and ensure that solicitation results in the approval of contracts by December 31, 2020 for energy or renewable energy credits equal to at least 7% of retail electricity sales for the period from January 1, 2018 to December 31, 2018, as determined by the commission. If the commission determines that contracts for an amount greater than 7% of retail electricity sales will provide financial benefits to ratepayers, it may approve contracts by December 31, 2020 for up to 10% of retail electricity sales. (2) No later than January 15, 2021, the commission shall initiate a 2nd competitive solicitation for an amount of energy or renewable energy credits equal to the difference between 14% of retail electricity sales and the amount approved in contracts by December 31, 2020. [PL 2019, c. 477, §2 (NEW).] B. To the extent sufficient resources are available, 75% of the energy or renewable energy credits contracted under this section must come from Class IA resources that begin commercial operations after June 30, 2019 and 25% must come from Class IA resources that began commercial operations on or prior to June 30, 2019. [PL 2019, c. 477, §2 (NEW).] C. In conducting a solicitation and selecting Class IA resources for contracts under this section, the commission shall weigh the benefits to ratepayers and the benefits to the State's economy as follows: (1) A weight of 70% must be given to the benefits to ratepayers; and (2) A weight of 30% must be given to benefits to the economy, which may include, but are not limited to: (a) Capital investments by the Class IA resource to improve long-term viability of an existing facility; (b) Payments by the Class IA resource for the harvest of wood fuel; (c) Employment resulting from the Class IA resource; (d) Payments by the Class IA resource to a host community, whether or not required by law or rule; (e) Excise, income, property and sales taxes paid by the Class IA resource; (f) Purchases of goods and services by the Class IA resource; (g) Avoided emissions resulting from the operation of the Class IA resource; and (h) With respect to requests for bids or proposals for assisted projects, as defined in Title 26, section 1304, subsection 1‑A : (i) Whether the Class IA resource has entered into a project labor agreement with a labor organization to supply construction workers in all crafts needed for the assisted project where the assisted project is located. For purposes of this subdivision, a project labor agreement must conform to the requirements of section 3210‑H, subsection 2 ; and (ii) Whether an entity is employee-owned, including but not limited to an entity that offers employee stock ownership plans or is structured as a worker cooperative. [PL 2021, c. 705, §14 (AMD).] D. The commission shall, in accordance with this paragraph, allow energy storage systems to participate in solicitations or be awarded contracts under this section. (1) The commission shall permit an energy storage system to bid on solicitations or to be contracted under this section only if the energy storage system is connected to the State's electricity grid, paired as a complementary resource with a Class IA resource and either: (a) Colocated with the Class IA resource, whether metered jointly with or separately from the Class IA resource; or (b) Located at a different location from the Class IA resource and the commission finds that inclusion of the energy storage system would result in a reduction in greenhouse gas emissions. (2) A bid under this section that includes an energy storage system must include 2 separate bid proposals, one with the energy storage system and one without. The commission shall assess the bid proposals based on the benefits to ratepayers, which may include, but are not limited to: (a) Reduction in costs; (b) Decrease in peak electricity demand; (c) Deferral of investments in the transmission and distribution system; (d) Deferral of capital investments in new generating capacity; (e) Increase in the electricity grid's overall flexibility, reliability and resiliency; and (f) Reduction in greenhouse gas emissions. (3) An energy storage system that is not colocated with a Class IA resource may receive renewable energy credits only for stored energy generated from a Class IA resource. (4) If chosen for a contract under this section, an energy storage system must remain stationary and under the same ownership throughout the contract term. (5) The commission may permit an energy storage system to be paired with and added to a Class IA resource after that resource has been awarded a contract. For the purposes of this paragraph, "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. 477, §2 (NEW).] [PL 2021, c. 705, §14 (AMD).]

2. Contract terms. A contract entered into pursuant to this section must be for a term of 20 years, unless the commission finds a contract for a longer term to be prudent. If a Class IA resource offers to sell capacity, the commission may allow a contract with that resource to include the purchase of such capacity, but the commission may not require any Class IA resource to offer or sell capacity in order to participate in any solicitation or contract under this section. [PL 2019, c. 477, §2 (NEW).]

3. Report. No later than March 31, 2023 and biennially thereafter, the commission shall submit a report regarding the status of contracts for Class IA resources under this section and the status of contracts for energy or renewable energy credits from distributed generation resources under section 3209‑H to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters. The report must include, but is not limited to, a description of Class IA resources participating in competitive solicitations, information about the resources selected for contracts and the selection process, the benefits and costs of the contracts and recommendations about how to further stimulate investment in Class IA resources or achieve ratepayer benefits from Class IA resources. The report may include information about benefits and costs of the contracts to the State's economy, environmental quality or electricity consumers over both the short and long terms. Any analysis of the benefits or costs of the contracts must be based on a forecast of all avoided costs resulting from the contracts that is transparent and balanced over the long term. [PL 2025, c. 430, §13 (AMD).]
35-A M.R.S. § 7503 — ME Code / Title 35-A / Part 7 / Chapter 75 / Section 7503
35-A §7503. Public telephone service for disabled persons
Status: in_force

1. Placement of public telephones. Any person placing public telephones in any public place after December 31, 1983, shall provide that at least one public telephone is wheelchair accessible if the public place is otherwise wheelchair accessible. If a public place in which one or more public telephones are located becomes wheelchair accessible after December 31, 1983, the subscriber shall notify the person placing the public telephones and that person shall replace at least one public telephone with a telephone which is wheelchair accessible. Any public telephone placed before January 1, 1984, shall be deemed to be in compliance with this section. This section shall not apply to public telephones for the use of persons while in motor vehicles. [PL 1989, c. 159, §11 (AMD).]

2. Violations. Any person violating this section commits a civil violation for which a forfeiture of not more than $500 may be adjudged for each telephone which is not placed in accordance with this section. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Definitions. For purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Public telephone" means a telephone located in a public place and which is intended for use by the public. [PL 1989, c. 159, §12 (AMD).] B. "Wheelchair accessible" means meeting the most recent applicable standards of the American National Standards Institute for accessibility by persons with disabilities at the time of placement. [PL 2021, c. 348, §54 (AMD).] C. "Public place" means any location to which members of the public are invited or have general access, including, but not limited to, sidewalks, plazas, lobbies, stores, schools, governmental buildings, transportation terminals and shopping centers. [PL 1989, c. 159, §13 (NEW).] [PL 2021, c. 348, §54 (AMD).]
35-A M.R.S. § 9201 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9201
35-A §9201. Short title
Status: in_force

This chapter may be known and cited as "the Advanced Technology Infrastructure Act." [PL 2005, c. 665, §3 (NEW).]
35-A M.R.S. § 2518 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2518
35-A §2518. Joint use of poles
Status: reserved

1. Municipality may order joint use of poles. Subject to the provisions of sections 711 and 8302 , the municipal officers may, after notice and hearing, order any wires used for conveying electric current or the transmission of telephone messages and attached to poles located in a public street or way of the municipality to be removed and attached to other poles, however owned and controlled, legally located in the public streets or ways, as the municipal officers may designate, only if in their judgment the change is practicable and can be made without unreasonably interfering with the business of any person. The municipal officers may establish such regulations as they determine necessary for the joint use of the poles. [PL 1995, c. 225, §12 (AMD).]

2. Cost of maintaining joint poles. If the parties using the joint poles cannot agree as to the proportionate share each will bear of the original cost and of the expense of maintaining the poles, or a proper annual rental for the use of the poles, the following provisions apply. A. The municipal officers may, after hearing the parties, determine the proportionate part of the expense each party will justly bear or a proper rental. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The municipal officers shall give personal notice to each party 14 days before the hearing. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. The owner of the poles may recover, in a civil action, from each party using the poles, the owner's share of the cost and expense or the rental as determined by the municipal officers. [RR 2021, c. 1, Pt. B, §404 (COR).] [RR 2021, c. 1, Pt. B, §404 (COR).]

3. Orders and decisions of municipal officers. All orders and decisions of the municipal officers under this section shall be in writing and a record of them shall be made by the municipal clerk. The service of a copy of the order or decision, attested by the clerk, upon the parties affected by it is sufficient notice to the party affected to require compliance. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Exception: Long distance lines. This section does not apply to long distance telephone wires or lines of poles used to support them. For the purpose of this section a long distance telephone wire is a telephone wire that extends at least 20 miles in a direct line from a central office. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Appeals. A party aggrieved by an order or decision of the municipal officers relating to the joint use of poles, by any regulation established by the municipal officers relating to the joint use of poles or by their decision as to the party's proportionate share of the original cost, the cost of maintaining the joint poles or the annual rental for the use of the joint poles may appeal from the order, decision or regulation at any time, within 10 days after service of notice of them, to the Superior Court in the county in which the municipality is located. A. When an appeal is taken, the appellant shall: (1) Include in the complaint a statement setting forth substantially the facts of the case, and the orders, decisions or regulations of the municipal officers from which the appellant appeals and in what respect the appellant is aggrieved by them; and (2) Give written notice of the appeal with a copy of the complaint to the opposite party. [RR 2021, c. 1, Pt. B, §405 (COR).] B. The presiding justice at the first term of the Superior Court shall appoint a committee of 3 disinterested persons, not residents of the municipality named in the complaint, who shall, within 30 days after the appointment, after due notice and hearing: (1) Affirm the orders or decisions of the municipal officers; (2) Amend or modify the orders or decisions; or (3) Make new and further orders, decisions or regulations governing the joint use of poles by any of the parties to the proceedings, or in relation to the proportionate share of the expense to be borne by each party using the joint poles, or the just and fair rental for the use of the poles. [RR 2021, c. 1, Pt. B, §405 (COR).] C. The committee's report must be filed with the clerk of the Superior Court. Upon being accepted by a Justice of the Superior Court the report is final and binding on all parties to the proceedings, except that questions of law arising under the proceedings may be reserved for decision by the Law Court. [RR 2021, c. 1, Pt. B, §405 (COR).] D. A person affected by an order or decision of the municipal officers, who is not joined in the original complaint, may, on motion to the Superior Court, be joined in the complaint at any time before hearing by the committee appointed under this section. [PL 1987, c. 141, Pt. A, §6 (NEW).] [RR 2021, c. 1, Pt. B, §405 (COR).]
35-A M.R.S. § 4514 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4514
35-A §4514. Standing of utility in filing for permits
Status: in_force

1. Utilities may file for license and permit. When a natural gas pipeline utility, which intends to operate within this State, has filed for either a certificate of public convenience and necessity to be issued under the Federal Natural Gas Act or, in the case of an intrastate gas pipeline company, has filed for the necessary authorization from the commission, that utility may file and process an application for any license, permit or order necessary to obtain all governmental approvals with regard to the location, construction, completion and operation of that pipeline within this State. The effective date of the license, permit, order or governmental approval which is granted or issued may be conditioned upon or suspended until the issuance of the certificate of public convenience and necessity or commission authorization. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Application to Department of Environmental Protection before certificate is issued. If a natural gas pipeline utility applies to the Department of Environmental Protection for any required licenses or approvals before it is issued a certificate of public convenience and necessity under the Federal Natural Gas Act or authorization by the commission, it shall file a bond with the Department of Environmental Protection payable to the department in a form satisfactory to the Commissioner of Environmental Protection. The Commissioner of Environmental Protection shall determine the amount of the bond which may not exceed $50,000. The bond shall be conditioned to require the applicant to reimburse the department for its costs incurred in processing any application in the event that the applicant does not receive a certificate of public convenience and necessity as described in this section. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Notification of landowners. A natural gas pipeline utility which applies for site location of development approval under Title 38, chapter 3, subchapter I, article 6 , shall: A. Prior to filing a notification under Title 38, section 483 , provide notice to each owner of real property upon whose land the applicant proposes to locate a natural gas pipeline by registered mail, postage prepaid at the land owner's last known address as contained in the applicable tax assessor's record; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. File, with the town clerk of each municipality through which the pipeline is proposed to be located, a map demonstrating the intended approximate location of the pipeline within the municipality. The applicant may not be required to provide notice of its intent to construct a natural gas pipeline other than as set forth in this subsection. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Company not excused from obtaining proprietary rights. Nothing in this section excuses a natural gas pipeline utility or other entity from obtaining appropriate proprietary rights in state-owned land prior to the construction or operation of a pipeline within this State. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10202 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10202
35-A §10202. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 142, §1 (NEW).]

1. Commercial PACE. "Commercial PACE" means commercial property assessed clean energy. [PL 2021, c. 142, §1 (NEW).]

2. Commercial PACE agreement. "Commercial PACE agreement" means an agreement that authorizes the creation of a commercial PACE assessment on qualifying property and that is approved in writing by all owners of the qualifying property at the time of the agreement. [PL 2021, c. 142, §1 (NEW).]

3. Commercial PACE assessment. "Commercial PACE assessment" means an assessment made against qualifying property to finance an energy savings improvement. [PL 2021, c. 142, §1 (NEW).]

4. Commercial PACE lien. "Commercial PACE lien" means a lien secured against a qualifying property that is created by a commercial PACE assessment. [PL 2021, c. 142, §1 (NEW).]

5. Commercial PACE ordinance. "Commercial PACE ordinance" means an ordinance adopted by the legislative body of a municipality for the purpose of participating in a commercial PACE program. [PL 2021, c. 142, §1 (NEW).]

6. Commercial PACE program. "Commercial PACE program" means a program established under this chapter by the trust, a 3rd party contracted by the trust or a municipality, under which commercial property owners can finance energy savings improvements on qualifying property. [PL 2021, c. 142, §1 (NEW).]

7. Energy savings improvement. "Energy savings improvement" means an improvement or series of improvements to qualifying property that, as determined by the trust, are new and permanently affixed to qualifying property and that: A. Will result in increased energy efficiency or substantially reduced energy use and: (1) Meet or exceed applicable United States Environmental Protection Agency and United States Department of Energy Energy Star program or similar energy efficiency standards established or approved by the trust; or (2) Involve weatherization of commercial or industrial property in a manner approved by the trust; or [PL 2021, c. 142, §1 (NEW).] B. Involve a renewable energy installation, an energy storage system as defined in section 3481, subsection 6 , an electric thermal storage system, electric vehicle supply equipment or heating equipment that meets or exceeds standards established or approved by the trust. Heating equipment that is not a renewable energy installation must be heating equipment that produces the lowest carbon emissions of any heating equipment reasonably available to the property owner, as determined by the trust, and must meet the requirements of section 10204, subsection 1, paragraph B . [PL 2021, c. 142, §1 (NEW).] [PL 2021, c. 142, §1 (NEW).]

8. Qualifying property. "Qualifying property" means real commercial property that: A. Does not have a residential mortgage; [PL 2021, c. 142, §1 (NEW).] B. Is not owned by a residential customer or small commercial customer as defined in section 3106, subsection 1, paragraphs C and D , respectively; [PL 2021, c. 142, §1 (NEW).] C. Consists of 5 or more rental units if the property is a commercial building designed for residential use; [PL 2021, c. 142, §1 (NEW).] D. Is not owned by a federal, state or municipal government or public school; and [PL 2021, c. 142, §1 (NEW).] E. Is located in a municipality that participates in a commercial PACE program pursuant to this chapter. [PL 2021, c. 142, §1 (NEW).] [PL 2021, c. 142, §1 (NEW).]

9. Renewable energy installation. "Renewable energy installation" means a fixture, product, system, device or interacting group of devices installed behind the meter at a qualifying property, or on contiguous property under common ownership, that produces energy or heat from renewable sources, including, but not limited to, photovoltaic systems, solar thermal systems, highly efficient wood heating systems, geothermal systems and wind systems that do not on average generate more energy or heat than the peak demand of the property. [PL 2021, c. 142, §1 (NEW).]

10. Trust. "Trust" means the Efficiency Maine Trust established in section 10103 . [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 10203 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10203
35-A §10203. Commercial PACE programs
Status: in_force

1. Establishment; administration. The trust, a 3rd party contracted by the trust or a municipality that has adopted a commercial PACE ordinance may establish a commercial PACE program. Notwithstanding any provision of law to the contrary, the trust may use funds from its administrative fund, program funds or fees on commercial PACE assessments to pay reasonable administrative expenses of the trust or to pay a 3rd party contracted by the trust for costs incurred to carry out the purposes of this chapter. [PL 2021, c. 142, §1 (NEW).]

2. Energy savings improvement financing. Financing for energy savings improvements may be provided by any funds available for those improvements, except for proceeds from the regional greenhouse gas initiative as defined in Title 38, section 580‑A, subsection 19 . If funds are provided by a nongovernmental lender, including, but not limited to, banks and investment firms, the nongovernmental lender has the contractual right to receive commercial PACE assessment payments. Commercial PACE financing may cover up to 100% of an energy savings improvement's costs, including audits, energy savings improvement development and application fees. [PL 2021, c. 142, §1 (NEW).]

3. Program administration; municipal participation and liability. A commercial PACE program must be administered as follows. A. A municipality that has adopted a commercial PACE ordinance may: (1) Administer the functions of a commercial PACE program, including, but not limited to, entering into commercial PACE agreements with commercial property owners and collecting commercial PACE assessments; or (2) Enter into a contract with the trust to administer some or all functions of the commercial PACE program for the municipality, including billing and collection of commercial PACE assessments, except that the trust may not administer the collection of commercial PACE assessments in default pursuant to section 10205, subsection 5 . [PL 2021, c. 142, §1 (NEW).] B. The trust may enter into a contract with a municipality that has adopted a commercial PACE ordinance to administer commercial PACE program functions in the municipality. [PL 2021, c. 142, §1 (NEW).] C. The trust may enter into a contract with a 3rd-party administrator to administer part or all of a commercial PACE program for a municipality. [PL 2021, c. 142, §1 (NEW).] D. Notwithstanding any provision of law to the contrary, staff or trustees of the trust, municipal officers and municipal officials, including, without limitation, tax assessors and tax collectors, are not personally liable to the trust or to any other person for claims, of whatever kind or nature, under or related to a commercial PACE program established under subsection 1 , including, without limitation, claims for or related to uncollected commercial PACE assessments. [PL 2021, c. 142, §1 (NEW).] E. Other than the fulfillment of its obligations specified in a commercial PACE agreement, neither the trust nor a municipality has any liability to a commercial property owner for or related to energy savings improvements financed under a commercial PACE program. [PL 2021, c. 142, §1 (NEW).] F. The trust may collect fees necessary to administer commercial PACE programs. [PL 2021, c. 142, §1 (NEW).] [PL 2021, c. 142, §1 (NEW).]

4. Quality assurance system. Subject to the availability of funds, the trust shall, within one year of the establishment of a commercial PACE program under subsection 1 , adopt by rule a quality assurance system for the commercial PACE program. In developing a quality assurance system under this subsection, the trust shall consult with industry stakeholders, including, but not limited to, representatives of clean energy and energy efficiency programs, contractors and environmental, energy efficiency and labor organizations. [PL 2021, c. 142, §1 (NEW).]

5. Terms and conditions. The trust may, by rule, establish terms and conditions under which municipalities and commercial property owners may participate in a commercial PACE program established under subsection 1 , which may include, but are not limited to, terms and conditions related to program design, implementation and administration, cost sharing, collection of commercial PACE assessments and recording of liens. The trust may vary the terms and conditions established under this subsection applicable to a participating municipality from those of other participating municipalities by mutual agreement with that municipality. Any terms or conditions established by the trust may not conflict with other provisions of this chapter. A commercial PACE assessment may be used to secure financing for the construction of a new building or facility. Financing secured by a commercial PACE assessment for the construction of a new building or facility must be used for energy savings improvements on the property that significantly exceed the energy standards of the Maine Uniform Building and Energy Code, adopted pursuant to Title 10, section 9722, subsection 6, paragraph B , or the applicable energy code in the municipality where the project is located, as determined by the trust. A lender under this chapter may disburse funds for new construction projects before project completion. [PL 2021, c. 142, §1 (NEW).]

6. Model documents; educational materials. The trust shall develop and provide to municipalities model commercial PACE ordinances, model commercial PACE agreements, other model forms and documents and educational materials for use by municipalities in the implementation of commercial PACE programs. [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 2509 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2509
35-A §2509. Penalties
Status: in_force

Any person who digs or makes an excavation in the paved portion of a street, road or highway without first obtaining a permit as required by section 2507 , or who has obtained a permit and disturbs a greater area of surface than the permit specifies, commits a civil violation for which a forfeiture not to exceed $25 may be adjudged for each offense. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6415 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6415
35-A §6415. Standard districts; tax exempt
Status: in_force

A standard district is a public municipal corporation within the meaning of Title 36, section 651 and the property of the district is exempt from taxation to the extent provided in that section. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 1703 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1703
35-A §1703. Appeal from commission orders
Status: in_force

The Public Advocate has the same rights of appeal from commission orders or decisions to which the Public Advocate has been a party as other parties to commission proceedings. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6105 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6105
35-A §6105. Rates for municipal and quasi-municipal water utilities
Status: in_force

1. Scope of section. Notwithstanding any other provision of this Title or any charter to the contrary and in addition to any charter or private and special laws creating or affecting a consumer-owned water utility, the rate, toll or charge made, exacted, demanded or collected by a consumer-owned water utility is governed by this section. [PL 1987, c. 490, Pt. B, §13 (AMD).]

2. Just and reasonable rates. The governing body shall establish rates, tolls or charges that are just and reasonable and that provide revenue as may be required to perform its public utility service and to attract necessary capital on just and reasonable terms. The governing body shall provide the rate schedule and any changes to the rate schedule to the commission. [PL 2013, c. 573, §1 (AMD).]

3. Uniform rates. The governing body shall establish rates that are uniform within the territory supplied whenever the installation and maintenance of mains and the cost of service is substantially uniform. If, for any reason, the cost of construction and maintenance or the cost of service in a section of the territory exceeds the average, the governing body may establish higher rates for that section, but these higher rates must be uniform throughout that section. The governing body shall provide the rate schedule and any changes to the rate schedule to the commission. [PL 2013, c. 573, §1 (AMD).]

3-A. Impact fees and connection fees; affordable housing. Notwithstanding subsection 3 and section 703 , the governing body may reduce the impact fee or connection fee, as those terms are defined in Title 30‑A, section 5061 , for water service to newly constructed affordable housing in accordance with Title 30‑A, chapter 202‑A . [PL 2007, c. 174, §3 (NEW).]

4. Purposes. The governing body may establish rates under this section to provide revenue for the following purposes, but no other: A. To pay the current expenses for operating and maintaining the water system and to provide for normal renewals and replacements; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. To provide for the payment of the interest on the indebtedness created or assumed by the utility; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. To provide each year a sum equal to not less than 2% nor more than 10% of the term indebtedness represented by the issuance of bonds created or assumed by the utility; the sum must be turned into a sinking fund and there kept to provide for the extinguishment of term indebtedness. The money set aside in this sinking fund must be devoted to the retirement of the term obligations of the utility and may be invested in such securities as savings banks in the State are allowed to hold; [PL 2013, c. 573, §2 (AMD).] D. To provide for annual principal payments on serial indebtedness created or assumed by the utility; [PL 1989, c. 59, §1 (AMD).] E. To provide for a contingency allowance as provided in section 6112 ; [PL 2011, c. 602, §1 (AMD).] F. To provide for rate adjustments to reflect the cost of anticipated construction of plants or facilities required by the 1986 amendments to the United States Safe Drinking Water Act, Public Law 93-523, or related projects, except that rates established under this paragraph are not subject to section 6104 ; and [RR 2011, c. 2, §39 (COR).] G. To provide for recovery of the amounts necessary to fund the replacement of water system infrastructure. Those funds must be deposited in a capital reserve account and used in accordance with section 6107‑A . [PL 2011, c. 602, §3 (NEW).] [PL 2013, c. 573, §2 (AMD).]
35-A M.R.S. § 5110 — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5110
35-A §5110. Lapse of unused certificates
Status: in_force

Any certificate issued pursuant to this chapter that has not been used by the holder during the 2-year period prior to the effective date of this section lapses on the effective date of this section. Any other certificate issued under this chapter, other than a certificate for the transportation of mail, that is not used within 2 years after the date of its issuance lapses 2 years after the date of its issuance. Any certificate issued prior to the effective date of this section for the transportation of mail that is not used within 5 years of the date of issuance lapses 5 years after the date of its issuance. [PL 1991, c. 774, §4 (NEW).]
35-A M.R.S. § 3104-A — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3104-A
35-A §3104-A. Metering and billing system accuracy
Status: in_force

A transmission and distribution utility shall conduct testing of its metering and billing systems in accordance with rules adopted by the commission. [PL 2017, c. 448, §2 (NEW).]

1. System accuracy; rulemaking. The commission shall amend or adopt rules governing the testing of the metering and billing systems of transmission and distribution utilities to ensure accuracy regarding the measurement of the usage of electricity and the determination of customer bills. Rules adopted by the commission must include but are not limited to requirements for the following: A. The frequency of testing of the metering and billing systems; [PL 2017, c. 448, §2 (NEW).] B. The method by which the transmission and distribution utility shall conduct testing of its metering and billing system; and [PL 2017, c. 448, §2 (NEW).] C. The statistical analysis to be used as part of the testing procedures. [PL 2017, c. 448, §2 (NEW).] The commission may adopt alternative testing procedures based on different metering or billing system technologies, such as for analog meters and digital meters. [PL 2017, c. 448, §2 (NEW).]

2. Metering and billing system audits. In adopting rules pursuant to this section, the commission shall consider and may require periodic, independent audits of the metering and billing systems and the commission may determine that such audits are applicable to only residential and small commercial customers of an investor-owned transmission and distribution utility. If the commission requires periodic, independent audits of the metering and billing systems of an investor-owned transmission and distribution utility, the rules must contain at a minimum the following provisions: A. The method by which the commission will choose an independent auditor; [PL 2017, c. 448, §2 (NEW).] B. The allocation of costs of a periodic metering and billing systems audit; and [PL 2017, c. 448, §2 (NEW).] C. The statistical analysis to be used in an audit. [PL 2017, c. 448, §2 (NEW).] [PL 2017, c. 448, §2 (NEW).]

Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 448, §2 (NEW).]
35-A M.R.S. § 6503 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6503
35-A §6503. Damages for property owners; security
Status: in_force

1. Owners entitled to damages. The owners are entitled to damages for all property taken by eminent domain as if the land were taken for highway purposes under Title 23, chapter 3 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Application procedure. Upon written application of either party made within 3 years after the taking, the county commissioners shall estimate the damages and the taker shall pay the damages. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Commencement of new proceedings. If proceedings commenced fail for causes not affecting the merits, new proceedings may be commenced within one year. When no estimate is made within this time, the owner may maintain a civil action or have any remedy provided. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Guardian may give release, interested persons. The guardian of a person incapable of giving a valid conveyance whose property is taken may settle and give a valid release for damages. Persons having an interest in the property have the rights and remedies of owners to the extent of their interest. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Owner may request security. When requested by the owner, the county commissioners shall require the taker to give security for the payment of damages and costs by depositing at its risk, with the clerk, within 30 days, specie, notes or obligations of a state or public corporation, or other security satisfactory to the county commissioners. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Satisfaction of judgment. When the owner is entitled to it, the owner must be paid as much of the specie deposited as will satisfy the owner's judgment. Notes or obligations deposited by the taker must be delivered to the officer having a warrant of distress, to sell as personal property is sold on execution, to satisfy the warrant and fees. Any balance must be paid to the taker. [RR 2021, c. 1, Pt. B, §427 (COR).]
35-A M.R.S. § 713 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 713
35-A §713. Unregulated business ventures of utilities
Status: in_force

A utility may not charge its ratepayers for costs attributable to unregulated business ventures undertaken by the utility or an affiliated interest. The commission shall allocate, between a utility's shareholders and ratepayers, costs for facilities, services or intangibles, including good will or use of a brand name, that are shared between regulated and unregulated business activities. The commission shall also attempt to ensure that the utility or the affiliated interest does not have an unfair advantage in any competitive market as a result of its regulated status or its affiliation with a regulated utility. [PL 1999, c. 158, §1 (AMD).]

Complaints by entities competing with a utility or an affiliated interest in an unregulated market, alleging that the utility or affiliated interest has an undue competitive advantage must be adjudicated by the commission. The commission shall render a decision on any complaint filed under this section within 9 months of the date of the filing. The commission may dismiss without hearing any complaint that it concludes is clearly intended to harass or delay, is frivolous or is clearly without merit. [PL 1999, c. 158, §1 (AMD).]

A complaint filed under this section must specify, to the extent possible, the nature and extent of the alleged undue competitive advantage and the basis for the belief that an undue competitive advantage exists. The utility shall respond to the complaint within 10 days of receiving notice from the commission of the complaint. Within 10 days of receiving the utility's response, the commission shall determine whether the complaint is clearly intended to harass or delay, is frivolous or is clearly without merit. [PL 1999, c. 158, §1 (AMD).]

For the purposes of this section, the term "affiliated interest" has the same meaning as in section 707, subsection 1, paragraph A . For the purposes of this section, "undue competitive advantage" means an advantage gained by a violation of the requirements established by the commission by rule pursuant to section 715 . [PL 1999, c. 158, §1 (AMD).]
35-A M.R.S. § 6101 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6101
35-A §6101. Definitions
Status: in_force

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

1. Governing body. [PL 1987, c. 490, Pt. B, §10 (RP).]

1-A. Consumer-owned water utility. "Consumer-owned water utility" means any water utility which is wholly owned by its consumers, including its consumers served in the State. "Consumer-owned water utility" includes but is not limited to: A. Any municipal or quasi-municipal water district or corporation located in the State; [PL 2019, c. 311, §3 (NEW).] B. Any municipal water department located in the State; or [PL 2019, c. 311, §3 (NEW).] C. The water portion of any utility wholly owned by a municipality or district located in the State. [PL 2019, c. 311, §3 (NEW).] [PL 2019, c. 311, §3 (RPR).]

1-B. Governing body. "Governing body" means the governing body of a consumer-owned water utility. [PL 1987, c. 490, Pt. B, §11 (NEW).]

2. Service line. "Service line" means the pipeline, including the meter and other appurtenances, extending from a water main to the building or other premises served. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Water district. "Water district" means any district, including any multipurpose district, created by the private and special laws of the State to perform the functions of a water utility. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Water main extension. "Water main extension" means an extension of the pipeline, including associated appurtenances, from an existing water main to serve a previously unserved location or a location served by a seasonal main. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4359 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4359
35-A §4359. Enforcement
Status: in_force

All provisions of this subchapter shall be enforced by the Department of the Attorney General, with the cost of enforcement paid from the decommissioning trust fund. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 123 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 123
35-A §123. Clean hydrogen pilot program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Clean hydrogen" means hydrogen produced through a process that results in a life-cycle greenhouse gas emissions rate of not greater than 0.45 kilograms of carbon dioxide or carbon dioxide equivalents per kilogram of hydrogen generated, as determined by the commission in accordance with the applicable requirements of the federal act and IRS production tax credit regulations. [PL 2023, c. 554, §1 (NEW).] B. "Federal act" means the Inflation Reduction Act of 2022, Public Law 117-169, 136 Stat. 1818. [PL 2023, c. 554, §1 (NEW).] C. "IRS production tax credit regulations" means regulations of the federal Internal Revenue Service adopted pursuant to the provisions of the federal act that govern clean hydrogen production tax credits. [PL 2023, c. 554, §1 (NEW).] D. "Pilot program" or "program" means the clean hydrogen program established pursuant to this section. [PL 2023, c. 554, §1 (NEW).] E. "Qualifying facility" means a facility that produces clean hydrogen and: (1) Is located in the State; (2) Meets applicable requirements for a federal clean hydrogen production tax credit under the federal act and IRS production tax credit regulations; and (3) Has a peak electricity demand of no more than 20 megawatts. [PL 2023, c. 554, §1 (NEW).] [PL 2023, c. 554, §1 (NEW).]

2. Pilot program. The commission, in collaboration with the Governor’s Energy Office and the Department of Environmental Protection, shall establish a pilot program in accordance with this section. The pilot program must be designed to allow the commission to select a proposal for a qualifying facility that meets the requirements of this section. The commission shall administer the program in accordance with this section and shall ensure that such administration is in the public interest and: A. Accounts for and is designed to advance the renewable energy and climate policies and goals of the State; [PL 2023, c. 554, §1 (NEW).] B. Minimizes potential negative environmental and community effects; [PL 2023, c. 554, §1 (NEW).] C. Maximizes air quality, health and workforce benefits; and [PL 2023, c. 554, §1 (NEW).] D. Encourages high standards of safety performance. [PL 2023, c. 554, §1 (NEW).] [PL 2023, c. 554, §1 (NEW).]

3. Program requirements; qualifying facility. By December 31, 2025, the commission shall issue a request for proposals for the development and operation of a qualifying facility. The proposal selected for the program must: A. Identify, for the clean hydrogen produced by the qualifying facility, an offtake facility that is an end user located in the State that serves the industrial or transportation sector in the State; [PL 2023, c. 554, §1 (NEW).] B. Demonstrate that the use of the clean hydrogen by the offtake facility pursuant to paragraph A will reduce the offtake facility’s greenhouse gas emissions; [PL 2023, c. 554, §1 (NEW).] C. Demonstrate that the owner or operator of the qualifying facility: (1) Has control over the site where the qualifying facility is to be located; and (2) Has technical and financial capacity to develop, operate and decommission the qualifying facility; [PL 2023, c. 554, §1 (NEW).] D. Demonstrate construction and operations safety performance history relating to hydrogen and nonhydrogen aspects of the qualifying facility and identify an individual who will be responsible for the qualifying facility’s safety program; [PL 2023, c. 554, §1 (NEW).] E. Describe how the qualifying facility will minimize potential negative environmental and community effects of its development and operation; [PL 2023, c. 554, §1 (NEW).] F. Describe how the qualifying facility will maximize workforce benefits as well as air quality and health; and [PL 2023, c. 554, §1 (NEW).] G. Provide a business development and management plan that describes: (1) The scope of the project to develop the qualifying facility, including anticipated hydrogen production volumes; (2) Development timelines for the qualifying facility, including permitting milestones; (3) Feedstocks to be used; (4) End uses for the clean hydrogen produced by the qualifying facility; (5) The impact of a special contract that may be approved in accordance with subsection 5 ; (6) Anticipated funding from public and private sources; and (7) How the qualifying facility will align with the State’s renewable energy and climate policies and goals. [PL 2023, c. 554, §1 (NEW).] [PL 2023, c. 554, §1 (NEW).]

4. Proposal selection. If the commission, after consultation with the Governor’s Energy Office and the Department of Environmental Protection, finds that a proposal for the development and operation of a qualifying facility meets the requirements of this section, the commission may select that qualifying facility for participation in the program. If more than one proposal for the development and operation of a qualifying facility meets the requirements of this section, the commission shall give preference to the proposal that provides the greatest benefit to ratepayers and is likely to result in the greatest reduction in greenhouse gas emissions. The commission shall, to the extent practicable, make a determination of whether to select a proposal under this subsection and provide notice of its decision to all facilities that submitted proposals to participate in the program within 120 days of the closing of the request for proposal process. The commission may not select more than one proposal for participation in the pilot program. [PL 2023, c. 554, §1 (NEW).]

5. Special contract selection. After selecting a qualifying facility for participation in the program under subsection 4 , the commission shall direct the transmission and distribution utility in whose territory the qualifying facility is located to negotiate with that qualifying facility for a special contract that the commission may approve in accordance with section 703, subsection 3‑A and as provided in this subsection. The commission may approve a special contract between the selected qualifying facility and the transmission and distribution utility in whose territory the proposed facility is located if the commission determines that the contract for service is necessary to make the development of the qualifying facility viable and cost-effective. The commission may approve a special contract for no more than 20 megawatts of electricity pursuant to this subsection. [PL 2023, c. 554, §1 (NEW).]

6. Wage requirements. The owner or operator of a qualifying facility selected for the program pursuant to subsection 4 shall ensure that all persons engaged in the construction, alteration or repair of the qualifying facility, including all employees, contractors and subcontractors, are paid wages that are not less than the prevailing hourly wage for work of a similar character in the locality in which the qualifying facility is located as most recently determined by the Department of Labor, Bureau of Labor Standards in accordance with Title 26, section 1308 and in compliance with applicable requirements of the federal act and IRS production tax credit regulations. [PL 2023, c. 554, §1 (NEW).]

7. Production requirements; special contract termination. If the commission determines that the qualifying facility selected for the program pursuant to subsection 4 is not meeting the anticipated clean hydrogen production volumes provided in its business development and management plan under subsection 3, paragraph G , the commission may order the transmission and distribution utility to terminate the special contract approved pursuant to subsection 5 . [PL 2023, c. 554, §1 (NEW).]

8. Rules. The commission may adopt rules to implement this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 554, §1 (NEW).]