35-A M.R.S. § 3132-B — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3132-B
35-A §3132-B. Small transmission and distribution projects
Status: in_force

For the purposes of this section, "small transmission project" means any proposed new or upgraded transmission line, substation component or associated infrastructure capable of operating at less than 69 kilovolts and projected to cost $5,000,000 or less. For the purposes of this section, a "distribution project" means any proposed new or upgraded distribution line, substation component or associated infrastructure capable of operating at less than 34 kilovolts. [PL 2023, c. 355, §8 (AMD).]

1. Planning study. Each investor-owned transmission and distribution utility in this State shall annually complete and submit to the Office of the Public Advocate, for review by the nonwires alternative coordinator, a planning study for small transmission projects and distribution projects. In completing the planning study, an investor-owned transmission and distribution utility shall develop and use system planning models. The study must: A. Analyze system needs for the next 5 years and provide a schedule of proposed projects and associated costs; [PL 2019, c. 298, §13 (NEW).] B. Describe system capacity and load by substation and circuit; and [PL 2019, c. 298, §13 (NEW).] C. Identify corresponding planned and anticipated growth-related investments. [PL 2019, c. 298, §13 (NEW).] After review of a planning study submitted under this subsection, the nonwires alternative coordinator may provide comments or recommendations, which may include recommendations to achieve the policy goals established in section 3143 . An investor-owned transmission and distribution utility may, at its discretion, incorporate recommendations on a planning study made by the nonwires alternative coordinator. Failure to incorporate recommendations made by the nonwires alternative coordinator may not result in a presumption of imprudence. [PL 2019, c. 298, §13 (NEW).]

2. Nonwires alternatives investigation. Except as provided in subsection 3 , for a proposed project presented in a planning study under subsection 1 , the nonwires alternative coordinator: A. Shall investigate nonwires alternatives if the project is a small transmission project or is a distribution project estimated to cost $500,000 or more; and [PL 2019, c. 298, §13 (NEW).] B. May investigate nonwires alternatives if the project is a distribution project estimated to cost less than $500,000 and, in the judgment of the nonwires alternative coordinator, there is a reasonable likelihood that a nonwires alternative would be more cost-effective than the proposed distribution project. [PL 2019, c. 298, §13 (NEW).] An investigation of nonwires alternatives under this subsection must be conducted in accordance with section 3132‑C . [PL 2019, c. 298, §13 (NEW).]

3. Excluded projects; criteria. The commission, by rule, shall develop criteria to exclude from investigation by the nonwires alternative coordinator small transmission projects and distribution projects best suited to transmission and distribution investments, including but not limited to projects that are: A. Necessary for redundant supply to a radial load; [PL 2019, c. 298, §13 (NEW).] B. Necessary to address maintenance, asset condition or safety needs; [PL 2019, c. 298, §13 (NEW).] C. Necessary to address stability or short circuit problems; or [PL 2019, c. 298, §13 (NEW).] D. Required to be in service within one year based on the controlling load forecast. [PL 2019, c. 298, §13 (NEW).] [PL 2019, c. 298, §13 (NEW).]

4. Nonwires alternatives recommendations. Based on the investigation under subsection 2 , the nonwires alternative coordinator shall make recommendations to the investor-owned transmission and distribution utility regarding nonwires alternatives to proposed small transmission projects and distribution projects. The nonwires alternative coordinator and the utility shall attempt to reach a good faith agreement regarding the adoption of nonwires alternatives that are most cost-effective. If agreement is reached, the utility shall pursue the agreed-upon nonwires alternatives. If there is no agreement, the utility or the Office of the Public Advocate may petition the commission to resolve the dispute. [PL 2023, c. 355, §9 (AMD).]

5. Dispute resolution. In responding to a petition by an investor-owned transmission and distribution utility or the Office of the Public Advocate pursuant to subsection 4 , the commission shall review the planning study prepared under subsection 1 and the recommendations of the nonwires alternative coordinator under subsection 4 . In resolving the dispute, the commission shall give preference to nonwires alternatives that are identified as able to address the identified need for the proposed small transmission project or distribution project and are most cost-effective. Of the identified nonwires alternatives, the commission shall give preference to the lowest-cost nonwires alternatives. When the costs to ratepayers in this State of the identified nonwires alternatives are reasonably equal, the commission shall give preference to the nonwires alternatives that produce the lowest amount of local air emissions, including greenhouse gas emissions. [PL 2023, c. 355, §10 (AMD).]
35-A M.R.S. § 7222 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7222
35-A §7222. Revenue requirements of service providers
Status: in_force

The initial rates for provider of last resort service are those rates in effect for basic local exchange service for each incumbent local exchange carrier in the service area of that carrier as of January 1, 2012. [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 4513 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4513
35-A §4513. Interstate and foreign commerce not affected
Status: in_force

No provision of this chapter or of any order or rule under this chapter applies to or may be construed to apply to interstate or foreign commerce, except as far as the provision is effective pursuant to the Constitution of the United States under the laws of the United States. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6102 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6102
35-A §6102. Filing with the commission plans for construction or improvements of water systems
Status: in_force

1. General requirements. Any water utility, before commencing construction of a new water system or a major addition to or alteration of an existing water system, shall file with the commission, in accordance with the commission's rules, plans and specifications for the construction, addition or alteration in order to obtain the advice of the commission as to cost, method of financing and adherence to proper engineering standards. If the water utility, in whole or in part in consequence of the requirements of the federal Safe Drinking Water Act, 42 United States Code, Sections 300f to 300j-11, will incur expenses in the construction, addition or alteration that are likely to result in increases in rates, tolls or charges totaling more than 50% of the utility's annual operating revenues, the utility shall publish in a newspaper of general circulation in the service territory of the water utility a notice to customers that information regarding the construction, addition or alteration is available for public review at a location and in a manner that is convenient to the water utility's ratepayers and provide to each of the water utility's customers a direct written notice of the availability of that information. [PL 2001, c. 488, §1 (AMD).]

2. Certain construction or improvements; additional requirements. [PL 2001, c. 488, §2 (RP).]
35-A M.R.S. § 7225 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7225
35-A §7225. Service quality
Status: in_force

1. Service quality reporting. The commission by rule shall establish service quality indicators with respect to which service providers shall regularly report. The service quality indicators may relate only to: A. Network trouble rates; [PL 2011, c. 623, Pt. A, §18 (NEW).] B. The percentage of network troubles not resolved within 24 hours; [PL 2011, c. 623, Pt. A, §18 (NEW).] C. The percentage of installation appointments not met; [PL 2011, c. 623, Pt. A, §18 (NEW).] D. The average delay, in days, for missed installation appointments; and [PL 2011, c. 623, Pt. A, §18 (NEW).] E. Service outages. [PL 2011, c. 623, Pt. A, §18 (NEW).] [PL 2011, c. 623, Pt. A, §18 (NEW).]

2. Commission review of service quality. The commission by rule shall establish provider of last resort service quality standards. The commission may impose penalties or require a service provider to provide rebates or rate reductions if the commission finds, after investigation, that a service provider has failed to meet service quality standards. [PL 2011, c. 623, Pt. A, §18 (NEW).]

3. Rules. Rules adopted under this section may establish appropriate penalties, rebates or rate reductions that may be applied if the commission finds, after investigation, that a service provider has failed to meet service quality standards. Rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 7302 — ME Code / Title 35-A / Part 7 / Chapter 73 / Section 7302
35-A §7302. Toll-call rates for deaf, hard-of-hearing, late-deafened or speech-impaired persons
Status: in_force

1. Rate reduction. The commission shall establish a 70% rate reduction for usage-sensitive intrastate toll calls made on lines, or via credit cards assigned to lines, used for making calls from certified deaf, hard-of-hearing, late-deafened or speech-impaired persons who must rely on telecommunications devices for the deaf for residential telephone communications. In addition, the 70% rate reduction must apply to all usage-sensitive intrastate toll calls using the state telecommunications relay service. Upon request, this discount must be provided to any noncertified user making calls to a certified user, provided the noncertified user informs the intrastate toll provider of the relevant billed calls made during each billing period. This reduction must also apply to intrastate toll calls made by agencies certified by the Division for the Deaf, Hard of Hearing and Late Deafened in the Department of Labor as eligible to receive a discount, while providing vocal relay services to deaf, hard-of-hearing, late-deafened or speech-impaired persons, as well as to community service centers serving deaf, hard-of-hearing, late-deafened or speech-impaired persons certified by the Division for the Deaf, Hard of Hearing and Late Deafened of the Department of Labor as eligible to receive a discount. The costs incurred by an intrastate toll provider under this subsection are just and reasonable expenses for rate-making purposes. [PL 2009, c. 174, §23 (AMD).]

2. Customers qualifying for the reduction. To qualify for the reduction, a customer must file an affidavit, on a form approved by the commission, with the customer's intrastate toll provider, stating that, due to deafness, hearing impairment or speech impairment, the customer or a member of the household must rely on a telecommunications device for the deaf for telecommunications. [PL 2009, c. 68, §2 (AMD).]

3. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Deaf person" has the same meaning as in section 8702, subsection 3 . [PL 2009, c. 68, §3 (NEW).] B. "Hard-of-hearing person" has the same meaning as in section 8702, subsection 3‑A . [PL 2009, c. 68, §3 (NEW).] C. "Speech-impaired person" has the same meaning as in section 8702, subsection 5 . [PL 2009, c. 68, §3 (NEW).] D. "Telecommunications device for the deaf" has the same meaning as in section 8702, subsection 6 . [PL 2009, c. 68, §3 (NEW).] [PL 2009, c. 68, §3 (NEW).]
35-A M.R.S. § 3472 — ME Code / Title 35-A / Part 3 / Chapter 34-B / Section 3472
35-A §3472. Legislative findings
Status: in_force

1. Public interest. The Legislature finds that it is in the public interest to develop renewable energy resources, including solar energy, in a manner that protects and improves the health and well-being of the citizens and natural environment of the State while also providing economic benefits to communities, ratepayers and the overall economy of the State. [PL 2013, c. 562, §1 (NEW).]

2. Contribution of solar energy development. The Legislature finds that the solar energy resources of the State constitute a valuable indigenous and renewable energy resource and that solar energy development, which is unique in its benefits to and impacts on the climate and the natural environment, can make a contribution to the general welfare of the citizens of the State for the following reasons: A. Solar energy is an energy resource that does not rely on fossil fuel combustion and therefore it can displace energy provided by that source and reduce air pollution and greenhouse gas emissions; and [PL 2013, c. 562, §1 (NEW).] B. There is an inexhaustible supply of solar energy throughout the State that should be used cost-effectively for heat and electricity using current technology. [PL 2013, c. 562, §1 (NEW).] [PL 2013, c. 562, §1 (NEW).]
35-A M.R.S. § 1313 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1313
35-A §1313. Depositions
Status: in_force

The following provisions apply to depositions. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Taking depositions. Depositions shall be taken in the manner prescribed by law for taking depositions in civil actions in the Superior Court. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Use of depositions. The commission or any party may use the deposition of witnesses in a formal public hearing. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10116 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10116
35-A §10116. Energy Conservation Small Business Revolving Loan Program
Status: in_force

1. Program and fund. The trust shall establish the Energy Conservation Small Business Revolving Loan Program, referred to in this subsection as "the program," and the Energy Conservation Small Business Revolving Loan Fund, referred to in this subsection as "the fund." The fund consists of federal capitalization grants and awards made to the State for the purposes for which the fund is established; any amounts that the trust deposits in the fund from the assessment on transmission and distribution utilities pursuant to section 10110 or from other program funds, to the extent that use of such funds for the program will be consistent with the requirements governing the use of such funds; principal and interest received from the repayment of loans made from the fund; any interest earned on investment of fund balances; and other funds from any public or private source received for the purposes for which the fund is established. The fund is a nonlapsing revolving fund account. A. The trust shall credit all repayments of loans made to businesses, including interest, penalties and other fees and charges related to fund loans, to the fund account. [PL 2009, c. 372, Pt. B, §3 (NEW).] B. Money in the fund not needed to meet the current obligations of the program must be deposited with the Treasurer of State to the credit of the fund account and may be invested in such manner as is provided by law. Interest received on that investment must be credited to the fund account. [PL 2009, c. 372, Pt. B, §3 (NEW).] C. At the end of each fiscal year, all unencumbered balances in the fund account may be carried forward to be used for the purposes specified in this subsection. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]

2. Effective date. This section takes effect July 1, 2010. [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 6413-A — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6413-A
35-A §6413-A. Water districts; authority to increase debt limits
Status: in_force

Notwithstanding any provision of its charter to the contrary, a water district may increase its debt limit by referendum in accordance with this section. A water district is not required to use this section and may seek to increase its debt limit by any other lawful means, including pursuant to any other means described in its charter or by seeking legislative amendment to its charter. [PL 2003, c. 147, §3 (NEW).]

If a water district chooses to increase its debt limit pursuant to this section, the governing body of the water district shall propose a new debt limit and submit the proposal for approval at a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections, except the registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the district if the usual voting place for persons located within the district is located outside the territory of the district. For the purpose of registering voters, the registrar of voters must be in session on the regular work day preceding the election. The question presented must conform to the following form: "Do you favor changing the debt limit of the (insert name of district) from (insert current debt limit) to (insert proposed debt limit)?" [PL 2005, c. 192, §2 (AMD).]

The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question. [PL 2003, c. 147, §3 (NEW).]

The results must be declared by the governing body of the district and entered upon the district's records. Due certificate of the results must be filed by the clerk with the Secretary of State. [PL 2003, c. 147, §3 (NEW).]

A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the district voting at the referendum. Failure of approval by the majority of voters voting at the referendum does not prevent subsequent referenda from being held for the same purpose. The costs of referenda are borne by the district. [PL 2003, c. 147, §3 (NEW).]
35-A M.R.S. § 710 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 710
35-A §710. Accidents investigated; reports
Status: in_force

If an accident occurs upon the premises of a public utility or directly or indirectly arises from or is connected with its maintenance or operation, the following provisions apply. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Accidents resulting in loss of life. If the accident results in the loss of human life, the public utility shall file a report of the accident in accordance with subsection 4 and the commission shall cause an investigation of the accident to be made immediately. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Accidents resulting in personal injury or property damage. If the accident results in personal injury or damage to property, the public utility shall file a report of the accident in accordance with subsection 4 and the commission may investigate if in its judgment the public interest requires it. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Investigations. Investigations shall be made in compliance with the following provisions: A. An investigation shall be held in the locality of the accident unless, for the greater convenience of those concerned, the commission orders it to be held at some other place. An investigation may adjourn from place to place as may be necessary and convenient. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The commission shall seasonably notify the public utility of the time and place of investigations. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. The public utility shall have an opportunity to be heard during the investigation. [PL 1987, c. 141, Pt. A, §6 (NEW).] D. The commission may make such order or recommendation based on its investigation as in its judgment seems just and reasonable. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Filing accident reports. Every public utility shall file reports of accidents described in subsections 1 and 2 with the commission. Accident reports must be filed in compliance with the commission's rules and in the manner and form designated by the commission. Accidents resulting in loss of human life must be reported immediately by telephone, facsimile machine or electronic media in a manner designated by the commission followed by a detailed written report. [PL 1995, c. 225, §6 (AMD).]

5. Reports not admitted as evidence in an action. No order or recommendation of the commission or accident report filed with the commission may be admitted as evidence in any action for damages based on or arising out of the loss of life or injury to person or property referred to in this section. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3739 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3739
35-A §3739. Officers
Status: in_force

The officers of a cooperative consist of a president, vice-president, secretary and treasurer, who must be elected annually by and from the board of trustees. When a person holding office ceases to be a trustee, that person ceases to hold office. The offices of secretary and of treasurer may be held by the same person. The board of trustees may elect or appoint other officers, agents or employees as it determines necessary or advisable and shall prescribe their powers and duties. Any officer may be removed from office and a successor elected in the manner prescribed in the bylaws. [RR 2021, c. 1, Pt. B, §418 (COR).]
35-A M.R.S. § 9207 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9207
35-A §9207. Collection of data
Status: in_force

Subject to the provisions in this section, the authority shall collect annually from communications service providers and any wireless providers that own or operate advanced communications technology infrastructure in the State data concerning infrastructure deployment for the purpose of developing mapping information to assist the authority in implementing the provisions of section 9202‑A ; pricing data for advertised retail pricing for broadband services offered in the State; and revenue data for the purpose of assessing communications service providers subject to section 9211 . The authority shall permit providers that have provided data to the authority at a level of detail that the authority has determined acceptable to continue to provide the data in the same format. For mapping data, the authority, whenever possible, shall use data formats consistent with data formats used for mapping at the federal level. [PL 2019, c. 625, §9 (AMD).]

1. Confidential information. Data provided to the authority pursuant to this section is confidential. The authority, upon request or on its own motion, may initiate a proceeding to determine whether to remove the confidential designation of specific information provided under this section. The authority shall adopt rules pursuant to section 9205, subsection 3 defining the criteria it will use to satisfy the requirements of this paragraph and the types of information that would satisfy the criteria. The authority may not remove the confidential designation under this subsection until those rules are finally adopted. Information designated as confidential under this subsection is not a public record under Title 1, section 402, subsection 3 . [PL 2019, c. 625, §9 (AMD).]

2. Protection of information. A communications service provider may request that confidential or proprietary information provided to the authority under this section not be viewed by those members of the authority who could gain a competitive advantage from viewing the information. Upon such a request, the authority shall ensure that the information provided is viewed only by those members of the authority and staff who do not stand to gain a competitive advantage and that there are adequate safeguards to protect that information from members of the authority who could gain a competitive advantage from viewing the information. [PL 2019, c. 625, §9 (AMD).]
35-A M.R.S. § 3351 — ME Code / Title 35-A / Part 3 / Chapter 33-A / Section 3351
35-A §3351. Microgrids
Status: in_force

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Distributed energy resources" means small-scale electrical generation sources located close to where the generated electricity is used, energy storage resources, energy efficiency resources or demand response resources. [PL 2021, c. 236, §5 (NEW).] B. "New microgrid" means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that acts as a single controllable entity with respect to the electric grid and can connect and disconnect from the electric grid to enable the new microgrid to operate in both electric grid-connected mode and nongrid-connected mode, referred to in this chapter as "island mode," and that is constructed after October 1, 2020. [PL 2021, c. 236, §5 (NEW).] [PL 2021, c. 236, §5 (NEW).]

2. Microgrids, public utility exception. Notwithstanding section 2102 or any other provision of this Title to the contrary, a person that constructs, maintains or operates a new microgrid approved under subsection 3 does not, solely as a result of furnishing service through that new microgrid to participating consumers, become a public utility and is not subject to regulation as a public utility under this Title. [PL 2021, c. 236, §5 (NEW).]

3. Commission approval; requirements. A person may not construct or operate a new microgrid without commission approval in accordance with this subsection. A. The commission shall approve a petition to construct and operate a new microgrid if the commission finds that operation of the new microgrid is in the public interest and the new microgrid meets at least the following requirements: (1) The proposed new microgrid will serve a total load of no more than 10 megawatts, except that the commission may approve no more than 2 new microgrids that each serve a load greater than 10 megawatts but no more than 25 megawatts; (2) The proposed new microgrid is located in the service territory of a transmission and distribution utility with more than 50,000 customers; (3) The distributed energy resources for the new microgrid meet the applicable portfolio requirements in section 3210, subsections 3 , 3‑A , 3‑B and 3‑C ; (4) Any distributed energy resources constructed after the effective date of this subsection for the new microgrid are a renewable capacity resource as defined in section 3210, subsection 2, paragraph B‑3 or a renewable resource as defined in section 3210, subsection 2, paragraph C ; (5) The person proposing the new microgrid demonstrates that the person has secured the financial capacity to operate the proposed new microgrid; (6) The person proposing the new microgrid demonstrates that the person has secured the technical capability to operate the proposed new microgrid; (7) There is a contractual relationship between the proposed new microgrid operator and consumers within the area to be served by the proposed new microgrid; and (8) The proposed new microgrid will not negatively affect the reliability and security of the electric grid. For the purposes of this paragraph, when determining whether a proposed new microgrid is in the public interest, the commission shall consider possible ratepayer effects, whether positive or negative; benefits due to the increased resilience or reliability of the electric grid; economic development benefits; and any other factors the commission considers necessary to promote the public interest. [PL 2021, c. 236, §5 (NEW).] B. As a condition of approval of a new microgrid, the commission shall: (1) Require that any increase in costs to the electric transmission and distribution system in the State as a result of the new microgrid must be fully recovered from the person approved under this subsection to construct, maintain or operate the new microgrid and customers of the microgrid and may not be passed on to other electric ratepayers; and (2) Impose any other terms, conditions or requirements on the construction, maintenance or operation of the new microgrid as, in its judgment, it considers necessary, which may include but are not limited to parameters regarding the ability of the new microgrid to enter island mode, as defined by the commission by rule, and the operation of the new microgrid in grid-connected mode and island mode. [PL 2021, c. 236, §5 (NEW).] [PL 2021, c. 236, §5 (NEW).]

4. Commission oversight; grid protections; consumer protections. A new microgrid approved in accordance with subsection 3 is subject to commission oversight to ensure reliability and security of the electric grid and consumer protections for customers of the new microgrid. [PL 2021, c. 236, §5 (NEW).]

5. Services. Services provided by a new microgrid may include, but are not limited to: A. Standby electric service, as defined by the commission by rule, when the new microgrid is operating in island mode; and [PL 2021, c. 236, §5 (NEW).] B. Selling electricity as a competitive electricity provider when the new microgrid is operating in grid-connected mode. [PL 2021, c. 236, §5 (NEW).] [PL 2021, c. 236, §5 (NEW).]

6. Rulemaking. The commission may adopt rules to implement this section. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 236, §5 (NEW).]
35-A M.R.S. § 3902 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3902
35-A §3902. Purpose
Status: in_force

The purpose of each municipal power district formed under this chapter is to generate, supply or extend the efficient use of electricity for public purposes and for the health, welfare, comfort and convenience of the inhabitants of the district. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 7904 — ME Code / Title 35-A / Part 7 / Chapter 79 / Section 7904
35-A §7904. Land for public use
Status: in_force

Every telephone utility in the State may purchase, or take and hold as for public uses, land necessary for the construction and operation of its lines. Land may be taken and damages for it may be estimated, secured, determined and paid as provided for water utilities by sections 6502 to 6512 . [PL 1995, c. 225, §14 (AMD).]
35-A M.R.S. § 1308 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1308
35-A §1308. Reparation or adjustment
Status: in_force

The commission may order reparation or adjustment when it finds that an amount charged to or collected from a customer was not in accordance with the filed rate applicable to the customer or was based upon error. The customer shall attempt to settle any dispute concerning the alleged overcharge or billing error at an informal hearing with the utility company prior to filing a complaint with the commission. If the customer is dissatisfied with the utility company's decision, the customer may appeal the decision to the commission. The commission may not order a rebate for a billing error or excessive charge that antedates the order for more than 6 years. [RR 2009, c. 2, §101 (COR).]
35-A M.R.S. § 6418 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6418
35-A §6418. Water districts; legislative acts
Status: in_force

Prior to acting upon any proposal to create or to amend a water district charter, the joint standing committee of the Legislature having jurisdiction over public utilities shall solicit written comments from the municipalities that lie in whole or in part within the district or proposed district. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 3621 — ME Code / Title 35-A / Part 3 / Chapter 36-A / Section 3621
35-A §3621. Short title
Status: in_force

This chapter may be known and cited as "the Wood-fired Combined Heat and Power Act." [PL 2021, c. 604, §3 (NEW).]
35-A M.R.S. § 2310 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2310
35-A §2310. Trespass on a utility pole
Status: in_force

1. Trespass. A person commits trespass on a utility pole if, without the prior consent of the owner of the pole, that person places any object or makes any attachment on any utility pole, whether or not it is within the limits of a public way. [PL 2011, c. 623, Pt. B, §10 (AMD).]

2. Violation; forfeiture. Trespass on a utility pole is a civil violation for which a forfeiture of not less than $25 nor more than $100 shall be adjudged. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2102 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2102
35-A §2102. Approval to furnish service
Status: in_force

The following provisions apply to furnishing service. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Approval required. Except as provided in subsection 2 and in section 4507 , a public utility may not furnish any of the services set out in section 2101 in or to any municipality in or to which another public utility is furnishing or is authorized to furnish a similar service without the approval of the commission. The commission may condition approval upon the submission of a bond or other financial security if the commission determines that such a requirement is necessary to ensure that a public utility has the financial ability to meet its obligations under this Title. A. [PL 2011, c. 623, Pt. A, §17 (RP).] [PL 2011, c. 623, Pt. A, §17 (AMD).]

2. Approval not required. Except as provided in section 2104 , the commission's approval is not required for a public utility to furnish service in any municipality in which that public utility is furnishing service on October 8, 1967. Approval is not required for a transmission and distribution utility to distribute electricity to any other transmission and distribution utility. [PL 2011, c. 623, Pt. A, §17 (AMD).]

2-A. Northern Maine Transmission Corporation. [PL 2003, c. 506, §11 (RP).]

3. Exemption for certain telephone utilities. The provisions of this section do not apply to any telephone utility except a provider of provider of last resort service with respect to the provision of provider of last resort service and a local exchange carrier. A. [PL 2011, c. 623, Pt. A, §17 (RP).] B. [PL 2011, c. 623, Pt. A, §17 (RP).] C. [PL 2011, c. 623, Pt. A, §17 (RP).] [PL 2011, c. 623, Pt. A, §17 (AMD).]

4. Dark fiber provider. [PL 2011, c. 623, Pt. A, §17 (RP).]

5. Exemption for certain private electric facilities. The provisions of this section do not apply to the construction of a transmission line, together with all associated equipment and facilities, that is constructed, owned and operated by a generator of electricity for the purpose of electrically and physically interconnecting that generator to a commercial or industrial consumer of the electricity that is located on: A. The property where the entity that generates the electricity is located or on abutting property; or [PL 2019, c. 205, §3 (NEW).] B. A commercial or industrial site that was served by the entity that generates the electricity or its predecessor without using the transmission and distribution plant of a public utility prior to December 31, 2018. [PL 2019, c. 205, §3 (NEW).] [PL 2019, c. 205, §3 (NEW).]
35-A M.R.S. § 3452-A — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3452-A
35-A §3452-A. Impact on Bicknell's Thrush habitat; adverse effect
Status: in_force

If any portion of the generating facilities or associated facilities of a wind energy development is proposed to be located within a conterminous area of coniferous forest that lies above 2,700 feet in elevation, is at least 25 acres in size and provides suitable habitat for Bicknell's Thrush, Catharsus bicknelli, and in which sightings of Bicknell's Thrush have been documented to occur during the bird's breeding season within the previous 15 years, there is a rebuttable presumption that the development would constitute a significant adverse effect on natural resources for the purposes of Title 38, section 484, subsection 3 . The presumption extends to the entire conterminous area of suitable habitat and is not limited to the parts of the area immediately proximate to where Bicknell's Thrush sightings have been documented. [RR 2013, c. 1, §50 (COR).]
35-A M.R.S. § 2308 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2308
35-A §2308. Protection of utility facilities upon discontinuance of public ways
Status: in_force

In proceedings for the discontinuance of public ways, public ways may be discontinued in whole or in part. The discontinuance of a town way must be pursuant to Title 23, section 3026‑A . Unless an order discontinuing a public way specifically provides otherwise, the public easement provided for in Title 23, section 3026‑A includes an easement for public utility facilities and for the permitted facilities of entities authorized under section 2301 to construct lines. A utility or entity may continue to maintain, repair and replace its installations within the limits of the way or may construct and maintain new facilities within the limits of the discontinued way, if it is used for travel by motor vehicles, in order to provide utility or telecommunications service, upon compliance with the provisions of sections 2503 , 2505 , 2506 , 2507 and 2508 . [PL 2015, c. 464, §9 (AMD).]
35-A M.R.S. § 6410-A — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6410-A
35-A §6410-A. Consumer-owned water utilities; lack of quorum
Status: in_force

1. Appointment of receiver. If, after investigation, the commission determines that the board of trustees of a consumer-owned water utility, as defined in section 6101, subsection 1‑A , lacks a sufficient number of duly elected trustees to constitute a quorum, the commission may appoint a receiver to oversee the operations of the utility. A receiver appointed by the commission pursuant to this subsection has all the authorities granted to a full board of trustees pursuant to this chapter until such time as the board of trustees for the utility includes a sufficient number of duly elected trustees to constitute a quorum. [PL 2021, c. 711, §1 (NEW).]

1-A. Liability. A receiver appointed by the commission pursuant to subsection 1 that is acting in good faith while exercising the authorities granted pursuant to subsection 1 must be treated in the same manner as an employee acting on behalf of a governmental entity under Title 14, chapter 741 . [PL 2025, c. 59, §1 (NEW).]

2. Costs. The commission may include the cost of appointing receivers pursuant to subsection 1 in the assessment charged to consumer-owned water utilities in accordance with section 116, subsection 1 . [PL 2021, c. 711, §1 (NEW).]

3. Rules. The commission may adopt by rule standards and procedures necessary for the administration of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 711, §1 (NEW).]
35-A M.R.S. § 1509 — ME Code / Title 35-A / Part 1 / Chapter 15 / Section 1509
35-A §1509. Limitation on imposing penalty
Status: in_force

An action that may result in the imposition of an administrative penalty under this chapter must be commenced within 5 years after the cause of action accrues. [PL 2003, c. 505, §24 (AMD).]
35-A M.R.S. § 3140 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3140
35-A §3140. Regulation of foreign electric utility
Status: in_force

1. Foreign electric utility to notify commission before acting within this State. A foreign electric utility shall, before constructing, purchasing, owning, controlling, operating, managing or otherwise participating in a joint or common interest in a utility facility within this State: A. Notify the commission in writing of the action to be taken by the utility; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Provide any information reasonably required by the commission under section 3132 . [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1997, c. 316, §2 (AMD).]

2. Annual report of foreign electric utility. After giving notice under subsection 1 , a foreign electric utility shall: A. Annually file with the commission a copy of the annual report filed by it with the appropriate regulatory agency of the State where its operations are principally located; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Furnish to the commission from time to time such other information with respect to its activities within this State as the commission may reasonably require. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Registered office and agent; service of process. A foreign electric utility: A. Shall designate and continuously maintain in this State a registered office and a registered agent in accordance with Title 5, section 105 ; and [PL 2007, c. 323, Pt. G, §3 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).] B. Is subject to service of process, notice or demand as provided in Title 5, section 113 . [PL 2007, c. 323, Pt. G, §3 (AMD).] [PL 2007, c. 323, Pt. G, §3 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]

4. Certificate of agency with regulatory jurisdiction over foreign electric utility. Upon the filing with the commission of a certificate of the appropriate regulatory agency of the state of domicile or principal locus of a foreign electric utility, or of the United States, stating either that the agency has regulatory jurisdiction over the issuance of stocks, bonds or other evidences of indebtedness payable more than 12 months from date of issue by that foreign electric utility to finance a utility facility in this State or that the agency has general supervision of that foreign electric utility in the conduct of its electric utility business, that foreign electric utility may not be deemed a "transmission and distribution utility" as defined in section 102, subsection 20‑B , merely by reason of the exercise by it of the authority granted in former section 3139 . [PL 1999, c. 398, Pt. A, §54 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Exemption. [PL 1999, c. 398, Pt. A, §55 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 3453 — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3453
35-A §3453. Additions to the expedited permitting area
Status: in_force

The Maine Land Use Planning Commission may, by rule adopted in accordance with Title 5, chapter 375 , establish standards for the addition of and add a specified place in the unorganized and deorganized areas to the expedited permitting area. In order to add a specified place to the expedited permitting area, the Maine Land Use Planning Commission must determine that the proposed addition to the expedited permitting area: [PL 2015, c. 265, §7 (AMD); PL 2015, c. 265, §10 (AFF).]

1. Geographic extension. Involves a logical geographic extension of the currently designated expedited permitting area, except that the addition of a specified place that was previously removed from the expedited permitting area in accordance with section 3453‑A , subsection 1 need not satisfy this requirement; [PL 2015, c. 265, §7 (AMD); PL 2015, c. 265, §10 (AFF).]

2. Meets state goals. Is important to meeting the state goals for wind energy development established in section 3404 ; and [PL 2007, c. 661, Pt. A, §7 (NEW).]

3. Consistent with comprehensive land use plan. Is consistent with the principal values and the goals in the comprehensive land use plan adopted by the Maine Land Use Planning Commission pursuant to Title 12, section 685‑C . [PL 2015, c. 265, §7 (AMD); PL 2015, c. 265, §10 (AFF).]

Rules adopted by the Maine Land Use Planning Commission pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 661, Pt. A, §7 (NEW); PL 2011, c. 682, §38 (REV).]
35-A M.R.S. § 302 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 302
35-A §302. Limitations on rates
Status: in_force

1. Contributions to political groups or candidates. [PL 2023, c. 286, §1 (RP).]

1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affiliated interest" has the same meaning as in section 707, subsection 1, paragraph A . [PL 2023, c. 286, §1 (NEW).] B. "Consumer-owned transmission and distribution utility" has the same meaning as in section 3201, subsection 6 . [PL 2023, c. 286, §1 (NEW).] C. "Consumer-owned water utility" has the same meaning as in section 6101, subsection 1‑A . [PL 2023, c. 286, §1 (NEW).] D. "Grassroots lobbying" has the same meaning as in Title 3, section 312‑A, subsection 7‑B . [PL 2023, c. 286, §1 (NEW).] E. "Lobbying" has the same meaning as in Title 3, section 312‑A, subsection 9 . [PL 2023, c. 286, §1 (NEW).] F. "Public charity" has the same meaning as in Title 5, section 194, subsection 1 . [PL 2023, c. 286, §1 (NEW).] G. "Trade association" means a group of for-profit corporations collaborating to fund joint advocacy. [PL 2023, c. 286, §1 (NEW).] [PL 2023, c. 286, §1 (NEW).]

2. Limitations on rates. The following expenses, whether paid directly or indirectly, through reimbursement or otherwise, incurred by a public utility or an affiliated interest may not be included or incorporated in operating expenses to be recovered in rates: A. Contributions or gifts to political candidates, political parties, political or legislative committees or any committee or organization working to influence referendum petitions or elections. Nothing in this paragraph prohibits a consumer-owned water utility, a consumer-owned transmission and distribution utility or the Casco Bay Island Transit District, created by Private and Special Law 1981, chapter 22, from undertaking expenditures related to notifying the public of or conducting trustee elections or local referendum elections directly related to or legally required for the operation of a consumer-owned water utility, consumer-owned transmission and distribution utility or the Casco Bay Island Transit District; [PL 2023, c. 596, §1 (AMD).] B. Contributions to a trade association, chamber of commerce or public charity, including, but not limited to, a charity managed by the public utility or affiliated interest. This paragraph does not apply to a consumer-owned water utility; [PL 2023, c. 286, §1 (NEW).] C. Expenditures for lobbying or grassroots lobbying. This paragraph does not apply to a consumer-owned water utility, a consumer-owned transmission and distribution utility or the Casco Bay Island Transit District, created by Private and Special Law 1981, chapter 22; and [PL 2023, c. 596, §2 (AMD).] D. Educational expenditures, as defined by the commission by rule under section 302‑A , unless approved by the commission as serving a public interest. Educational expenditures include expenditures relating to information delivered to the public or to public utility customers by radio, television, the Internet, print and other media or through sponsorships, paid endorsements and public relations campaigns. This paragraph does not apply to a consumer-owned transmission and distribution utility or a consumer-owned water utility. [PL 2023, c. 286, §1 (NEW).] [PL 2023, c. 596, §§1, 2 (AMD).]

3. Political, charitable and educational expenses annual report. A public utility shall file a report annually with the commission containing a written, itemized description of any expenses that may not be included or incorporated in the public utility's operating expenses under subsection 2 . The report must also include a written, itemized description of the expenses that may not be included or incorporated in the public utility's operating expenses under subsection 2 that are relevant to the business interests of the public utility paid by a membership organization, as defined by the commission by rule under section 302‑A , of which the public utility is a member. For each expense, the report must include the date, the payee, the amount and a description of the purpose of the expense. [PL 2023, c. 286, §1 (NEW).]

4. Major political activities quarterly report. In addition to the report required under subsection 3 , if a public utility or an affiliated interest engages in major political activities, as defined by the commission by rule under section 302‑A , the public utility shall file a quarterly report containing a written description of those major political activities and the expenditures associated with those activities. For each expenditure, the report must include the date, the payee, the amount and a description of the purpose of the expenditure. [PL 2023, c. 286, §1 (NEW).]

5. Public inspection. The public utility shall make available for public inspection all materials filed with the commission in accordance with subsections 3 and 4 . The commission shall make available the annual reports filed by public utilities in accordance with this section on its publicly accessible website with notice of the availability of the reports prominently displayed on the website. [PL 2023, c. 286, §1 (NEW).]
35-A M.R.S. § 3133-A — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3133-A
35-A §3133-A. Significant agreements and contracts relating to transmission capacity prohibited without prior order of the commission
Status: in_force

1. Certificate of public convenience and necessity. Except as provided in subsection 3 , a transmission and distribution utility may not enter into any significant agreement or contract, as defined in subsection 2 , unless the commission has issued a certificate of public convenience and necessity approving the proposed agreement or contract or has waived the approval requirements pursuant to subsection 6 . The utility must file a notice with the commission no less than 2 months in advance of submitting its petition for a certificate of public convenience and necessity for the proposed agreement or contract. The commission may require the petitioner to make available such additional information as it determines necessary. The petition must contain such information as the commission may by rule prescribe. The petition must be set down for public hearing. The commission shall issue its order within 12 months after the complete petition is filed. If there is then outstanding a long-range plan for the utility pursuant to section 3134 that includes the agreement or contract, the utility need not provide advance notice of its intent to file the petition and the commission shall issue its order within 9 months after the complete petition is filed. In its order, the commission shall make specific findings with regard to the agreement or contract. If the commission finds that a need for it exists and it is reasonable and consistent with the public interest, the commission shall issue the certificate of public convenience and necessity. The issuance of a certificate of public convenience and necessity establishes that, as of the date of issuance, the decision by the utility to enter into the agreement or contract was prudent. [PL 1999, c. 398, Pt. A, §48 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Significant agreement or contract" means a contract or other agreement enforceable as a contract that binds the utility to a future course of action with respect to supplying, purchasing or exchanging transmission capacity or any renewal, amendment or extension of any contract or agreement that is for a period of longer than 3 years and involves one of the following, whichever is less: (1) More than 5,000 kilowatts of electrical transmission capacity, or 50,000,000 kilowatt hours or more of energy per year, flowing over a transmission line with a capacity greater than 100 kilovolts; (2) More than 10% of the transmission capacity of the utility; or (3) The transmission of an amount equal to more than 1.0% of the total annual kilowatt hour sales in the utility's service territory. [PL 1999, c. 398, Pt. A, §48 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] [PL 1999, c. 398, Pt. A, §48 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Exclusions. This section does not apply to any contract or agreement for which commission approval is required under section 3132 or 3133 . This section applies to contracts or agreements that take effect on or after the effective date of this section. [PL 1999, c. 398, Pt. A, §48 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Filing fee. A utility or utilities filing a petition under this section shall pay to the Public Utilities Commission at the time of filing an amount equal to 2/100 of 1% of the estimated cost of the contract or agreement. The utility or utilities, at or before the time of filing of notice of its intent to file the petition, may request the commission to waive all or a portion of the filing fee as unnecessary to help defray the cost of review. The commission shall rule on the request for waiver within 60 days. Notwithstanding this Title, filing fees paid as required in this subsection must be segregated, apportioned and expended by the commission for the purposes of this section. Any portion of the filing fee that is received from a utility or utilities and is not expended by the commission to process the petition for a certificate of public convenience and necessity must be returned to the utility or utilities. [PL 1999, c. 398, Pt. A, §48 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Amendments, extensions and renewals. [PL 1993, c. 91, §6 (RP).]

5-A. Amendments, extensions and renewals. The requirements of this section apply to any amendment, extension or renewal of any significant agreement or contract subject to this section, if the original contract was subject to approval by the commission. [PL 1995, c. 357, §8 (AMD).]

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

6. Waiver of approval requirements. The commission may waive the notice and approval requirements of this section upon its own motion or upon the request of any party. The commission shall rule on a request for a waiver within 60 days. Prior to considering a waiver, the commission shall ensure that notice by mail has been sent, and an opportunity to be heard permitted, to persons who commonly participate in commission proceedings and persons whose contracts the commission determines may be affected by the agreement. The commission may prescribe by rule the content of a request for waiver and procedures for expeditious processing of the request in certain circumstances. [PL 1999, c. 398, Pt. A, §48 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 304 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 304
35-A §304. Filing of schedules of rates, terms and conditions
Status: in_force

Every public utility shall file with the commission, within a time to be fixed by the commission, schedules which shall be open to public inspection. The schedules shall show all rates, tolls and charges which the utility has established and which are in force at the time for any service performed by it within the State, or for any service in connection with or performed by any public utility controlled or operated by it or in conjunction with it. Every public utility shall file with and as part of its schedules all terms and conditions that in any manner affect the rates charged or to be charged for any service. [PL 1987, c. 141, Pt. A, §6 (NEW).]

Public utility schedules which were formerly designated as rules shall be designated as terms and conditions. All such schedules to be filed with the commission shall be designated as terms and conditions. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 7901 — ME Code / Title 35-A / Part 7 / Chapter 79 / Section 7901
35-A §7901. Telephone lines
Status: in_force

1. Connection between the lines of 2 or more utilities. When the commission, after a hearing, finds that a physical connection can reasonably be made between the lines of 2 or more telephone utilities whose lines can be made to form a continuous line of communication by the construction and maintenance of suitable connections for the transfer of messages or conversations and that public convenience and necessity will be served by the connection, or finds that 2 or more telephone utilities have failed to establish joint rates, tolls or charges for service by or over their lines, and that joint rates, tolls or charges ought to be established, the commission may, by its order: A. Require that the connection be made, except where the purpose of the connection is primarily to secure the transmission of local messages or conversations between points within the same city or town; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Require that conversations be transmitted and messages transferred over the connection under such rules as the commission may establish; and [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Prescribe through lines and joint rates, tolls and charges to be made and to be used, observed and enforced in the future. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1995, c. 225, §14 (AMD).]

2. Division of costs between utilities. If the telephone utilities do not agree upon the division between them of the cost of the physical connection or connections or the division of the joint rates, tolls or charges established by the commission over the through lines, the commission may, after further hearing, establish the division by supplemental order. [PL 1995, c. 225, §14 (AMD).]
35-A M.R.S. § 4508 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4508
35-A §4508. Powers and authority of Public Utilities Commission
Status: in_force

1. Natural gas pipeline utilities subject to commission's authority. A natural gas pipeline utility organized to construct or operate an interstate natural gas pipeline that holds a certificate of public convenience and necessity issued under the Federal Natural Gas Act authorizing it to construct or operate a natural gas pipeline and appurtenant facilities within the State, or an intrastate natural gas pipeline utility that has obtained authorization from the commission, is subject to the authority of the commission. The commission shall adopt policies that reduce the probability of methane leakage from facilities as part of its regulation under this chapter. [PL 2013, c. 369, Pt. B, §2 (AMD).]

2. Commission rules and limitation on commission authority. The commission may make necessary rules with respect to the natural gas pipeline utility's pipeline, equipment and manner of operation as they relate to the safety of the public and of the utility's employees, provided that the commission's authority is not inconsistent with or in violation of the Federal Natural Gas Act, as amended, or any rules, orders, regulations or certificates of public convenience and necessity issued under that Act. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Power to effectuate policies of this chapter. To effectuate the policies and provisions of this chapter and when determined necessary to obtain uniformity in the formulation, administration and enforcement of any order or rule issued under this chapter, or promulgated by an agency of the United States, pertaining to the regulating or handling of natural gas, the commission may: A. Confer, cooperate and enter into compacts with the agency; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Avail itself of records and facilities of the authority and make records and facilities available to the agency; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Conduct joint investigations and hold joint hearings; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Issue orders and rules jointly or concurrently with, or complementary to those issued by, the agency; and [PL 1987, c. 141, Pt. A, §6 (NEW).] E. Collaborate with the agency and others in the development and operation of measures for the increased safety of the transportation and distribution of natural gas within the State. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3138 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3138
35-A §3138. Joint ownership of facility; waiver of right to partition
Status: in_force

Notwithstanding Title 14, chapter 719 , any domestic transmission and distribution utility or foreign electric utility that acquires or owns a joint or common interest with one or more other utilities or other persons in any property that is used or acquired for use as a utility facility may surrender or waive its right to have a partition by division or partition by sale of the property for a period that does not exceed the period for which the property is used or useful for transmission and distribution utility purposes. [PL 1999, c. 398, Pt. A, §53 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 9213 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9213
35-A §9213. Use of revenues
Status: in_force

The revenues derived by the authority from any assessment, transfer of funds, lease, assignment, rental agreement or other disposition or any other revenue must be used for the purposes of this chapter and applied in a competitively neutral fashion and without giving preference to any one form of technology over another. [PL 2005, c. 665, §3 (NEW).]
35-A M.R.S. § 3709 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3709
35-A §3709. Cooperatives are public utilities; jurisdiction of Public Utilities Commission
Status: repealed

Cooperatives are public utilities and subject to this Title, notwithstanding any public or private and special laws to the contrary. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Commission to hear complaints. Any person who has been refused membership in or service by a cooperative or who is receiving inadequate service may complain to the commission which may, after hearing, upon finding that such service may reasonably be rendered, order the cooperative to provide the person with reasonably adequate service. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Unreasonable membership requirement. If the commission, after hearing, determines that a requirement of membership in a cooperative is unreasonable or unjust, it shall order the requirement repealed or not to be enforced. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1714 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1714
35-A §1714. Electric Ratepayer Advisory Council
Status: in_force

1. Appointment; composition. The Electric Ratepayer Advisory Council, referred to in this section as "the council" and established by Title 5, section 12004‑I, subsection 93 , consists of 18 members as follows: A. Thirteen voting members appointed by the Public Advocate including: (1) One member representing the interests of senior citizens and the aging population of the State; (2) One member representing an equal justice advocacy organization operating in the State; (3) One member representing an association of community action agencies as defined in Title 22, section 5321, subsection 2 ; (4) One member representing a statewide organization that advocates for affordable housing; (5) One member from each investor-owned transmission and distribution utility in the State; (6) One member representing a consumer-owned transmission and distribution utility in the State; (7) One member representing a large industrial employer based in the State; (8) One member representing a research organization dedicated to improving the economic outlook of the State and its residents; (9) One member who is a member of a federally recognized Indian nation, tribe or band in the State based on the joint recommendation of the tribal governments of the Mi'kmaq Nation, the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe at Motahkomikuk, the Passamaquoddy Tribe at Sipayik and the Penobscot Nation. If these tribal governments do not make a unanimous joint recommendation, the Public Advocate shall appoint a member of a federally recognized Indian nation, tribe or band in the State and rotate the appointment among members of each federally recognized Indian nation, tribe or band in the State; (10) Two public members, one of whom is a customer of an investor-owned transmission and distribution utility serving the northern portion of the State and one of whom is a customer of an investor-owned transmission and distributed utility serving the southern portion of the State; and (11) One public member who is a small business owner; and [PL 2021, c. 623, §2 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).] B. Five ex officio, nonvoting members including: (1) The Public Advocate or the Public Advocate’s designee; (2) The Director of the Governor’s Energy Office or the director’s designee; (3) The chair of the commission or the chair’s designee; (4) The Director of the Efficiency Maine Trust or the director’s designee; and (5) The director of the Maine State Housing Authority or the director's designee. [PL 2021, c. 623, §2 (NEW).] [PL 2021, c. 623, §2 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).]

2. Duties. The council shall make recommendations to the Public Advocate regarding methods to ensure that ratepayers are able to afford electricity in the State. In developing recommendations, the council shall: A. Review the electric rates and rate design in effect when the council is developing its recommendations, projected changes in those rates and the policy goals and other factors contributing to projected changes in those rates; [PL 2021, c. 623, §2 (NEW).] B. Review electric assistance programs in existence when the council is developing its recommendations, including those programs implemented pursuant to section 3214 , and consider more streamlined and cost-effective options to provide assistance to all ratepayers that may be struggling to pay their electric utility bills, including an electric utility relief program that provides assistance to individuals receiving benefits under a state or federal low-income assistance program or whose family income is equal to or below 200% of the federal nonfarm income official poverty line; [PL 2021, c. 623, §2 (NEW).] C. Identify methods to: (1) Fund electric assistance programs that do not result in shifting costs to ratepayers; (2) Improve education and outreach efforts regarding electric assistance programs, the retail electricity supply market and energy efficiency programs; and (3) Make energy efficiency programs more accessible to low-income, moderate-income and small business ratepayers, including those ratepayers that rent housing accommodations or commercial spaces; and [PL 2021, c. 623, §2 (NEW).] D. Identify any other methods that may improve the affordability of electricity. [PL 2021, c. 623, §2 (NEW).] [PL 2021, c. 623, §2 (NEW).]

3. Terms. The term of a member appointed to the council is 3 years, except that a vacancy during an unexpired term must be filled in the same manner as for the original member for the unexpired portion of the member's term. [PL 2021, c. 623, §2 (NEW).]

4. Meetings. The council shall meet at least once a year. [PL 2021, c. 623, §2 (NEW).]

5. Chair. The Public Advocate shall appoint a chair. [PL 2021, c. 623, §2 (NEW).]

6. Public participation. Meetings of the council are public proceedings and may allow for public comment. [PL 2021, c. 623, §2 (NEW).]

7. Staff assistance. The Public Advocate and the commission shall provide necessary administrative staffing services to the council. [PL 2021, c. 623, §2 (NEW).]

8. Reports. By December 1st of each year, the Public Advocate shall submit a report to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters on the activities of the council and any recommendations the council made to the Public Advocate pursuant to subsection 2 . The committee may report out a bill to the Legislature relating to the recommendation of the council. [PL 2021, c. 623, §2 (NEW).]
35-A M.R.S. § 6111-C — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6111-C
35-A §6111-C. Disconnection of water service for nonpayment of sewer services
Status: in_force

Except as provided in subsection 4 , this section applies to any consumer-owned water utility that is authorized to provide sewer services, notwithstanding any provision in its charter. Notwithstanding any other provision of law, in the event a user of the consumer-owned water utility's sewer system fails within a reasonable time to pay the utility's rates, fees or charges for sewer service, the utility may disconnect water service to the user, as long as the disconnection is accomplished in accordance with procedures established in applicable law or rules governing disconnection of utility services and terms and conditions approved by the commission. In order to exercise this authority, the utility must apply to the commission and the commission must approve terms and conditions consistent with the requirements of this section. [PL 2009, c. 541, §1 (NEW).]

1. Annual filings. The terms and conditions under this section must include a requirement that the consumer-owned water utility annually file with the commission a report that includes: A. The total number of each of the following over the preceding 12 months: (1) Disconnection notices issued; (2) Disconnections completed; and (3) Reconnections of disconnections; and [PL 2009, c. 541, §1 (NEW).] B. The reason for each disconnection. [PL 2009, c. 541, §1 (NEW).] [PL 2009, c. 541, §1 (NEW).]

2. Assistance program information. The terms and conditions under this section must include a requirement that the consumer-owned water utility provide to customers to whom the utility sends disconnection notices information about available assistance programs, including programs that offer assistance in paying for sewer or water service, programs that offer assistance in paying for other utility services or in paying for heating fuel or similar assistance programs that could provide sufficient support to the customer to allow the customer to pay the utility's rates, fees or charges for sewer service. [PL 2009, c. 541, §1 (NEW).]

3. Limitations. The terms and conditions under this section must prohibit: A. A disconnection based solely on a customer’s nonpayment of a fee or charge for estimated sewer service usage; and [PL 2009, c. 541, §1 (NEW).] B. A disconnection of a multiunit rental facility greater than 2 units unless the owner of the facility occupies a unit that would be subject to the disconnection. [PL 2009, c. 541, §1 (NEW).] [PL 2009, c. 541, §1 (NEW).]

4. Exception. Subsection 3, paragraph B does not apply to a consumer-owned water utility that has authority pursuant to its charter to disconnect water service in the event a user of the consumer-owned water utility's sewer system fails to pay the utility's rates, fees or charges for sewer service, provided the charter provision establishing that authority was enacted prior to August 1, 2010. [PL 2009, c. 541, §1 (NEW).]
35-A M.R.S. § 904 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 904
35-A §904. Approval of stocks authorized, but not issued
Status: in_force

The commission may at the request of any public utility approve the issue of any stocks, bonds, notes or other evidences of indebtedness authorized, but not issued. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 7301 — ME Code / Title 35-A / Part 7 / Chapter 73 / Section 7301
35-A §7301. Telephone charges for local calls from pay telephones
Status: in_force

The rate charged by a telephone utility for a local telephone call made from a public or semipublic pay telephone shall be the same throughout its service territory for calls of equal duration. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3623 — ME Code / Title 35-A / Part 3 / Chapter 36-A / Section 3623
35-A §3623. Combined heat and power program
Status: in_force

1. Program established. The combined heat and power program, referred to in this chapter as "the program," is established to encourage the development in the State of combined heat and power projects that will promote the climate action plan developed in accordance with Title 38, section 577, subsection 1 . The program is administered by the commission. [PL 2021, c. 604, §3 (NEW).]

2. Program scope; limits on net generating capacity. The commission shall limit participation in the program in accordance with this subsection. A. The net generating capacity of a program participant may not be less than 3 megawatts or more than 15 megawatts. [PL 2023, c. 353, §3 (AMD).] B. The total net generating capacity of all program participants combined may not exceed 30 megawatts. The commission may modify the amount of total net generating capacity stipulated under this paragraph based on program experience. [PL 2023, c. 353, §4 (AMD).] [PL 2023, c. 353, §§3, 4 (AMD).]

3. Program eligibility criteria. To be eligible to participate in the program, a combined heat and power project must: A. Be connected to the electric grid of this State; [PL 2021, c. 604, §3 (NEW).] B. Have an in-service date after November 1, 2022; [PL 2021, c. 604, §3 (NEW).] C. Satisfy the limits on net generating capacity established in subsection 2, paragraph A ; [PL 2021, c. 604, §3 (NEW).] D. Be highly efficient, as determined by the commission on a technology-specific basis; and [PL 2023, c. 353, §5 (AMD).] E. Not be a participant in net energy billing under section 3209‑A or 3209‑B . [PL 2021, c. 604, §3 (NEW).] The commission shall prescribe an application form or procedure that must be used to apply to the program under this chapter, which must include any information that the commission determines necessary for the purpose of administering the program. The commission shall inform an applicant, within 30 days of receipt of an application, if the application is complete. The commission shall determine whether the combined heat and power project qualifies for participation in the program as soon as practicable and respond in writing. [PL 2023, c. 353, §5 (AMD).]
35-A M.R.S. § 6103 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6103
35-A §6103. Authority for taxation under default
Status: in_force

1. Issuance of a warrant. If there is a default in the payment of the principal of, or interest on, a note, bond or other evidence of indebtedness issued by a water district created by special Act of the Legislature, the trustees, directors or managing board of the district shall, unless the default is cured, issue their warrant immediately to those portions of the municipality or municipalities which constitute the district. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1-A. Issuance of warrant prior to default; commission review. A district that makes a determination regarding the district's anticipated revenues under this section may borrow money and issue a warrant in accordance with this subsection. A. Notwithstanding subsection 1 , if, prior to a default in the payment of the principal of or interest on a note, bond or other evidence of indebtedness issued by the water district, the district makes a reasonable determination that the district’s anticipated revenues from the normal payment of water charges for services rendered for the period beginning on the date of the determination and ending on the last day of the then‑current fiscal year will not be sufficient to pay the district’s anticipated operating expenses for the same period, the district may borrow money in an amount sufficient to make the payment of principal and interest and other transaction costs related to the borrowing, and the trustees, directors or managing board of the district may issue the district's warrant immediately to those portions of the municipality or municipalities that constitute the district to repay the amount borrowed, plus interest. When making the determination under this paragraph, the district shall include: (1) In its anticipated revenues, all other cash or funds held by or on behalf of the district that are available to pay its anticipated operating expenses and other expected or obligated expenditures; and (2) In its anticipated operating expenses, all other expected or obligated expenditures, including any obligation to replenish a reserve fund established with respect to the note, bond or other evidence of indebtedness. [PL 2025, c. 23, §1 (NEW).] B. Within 30 days of the date the trustees, directors or managing board of the district issues the district's warrant pursuant to paragraph A , the district shall prepare and submit a financial management plan to the commission and each municipality that constitutes the district. The commission shall provide an opportunity for affected municipalities to provide input on the financial management plan, and the commission may in its discretion commence a proceeding to examine the financial management plan. [PL 2025, c. 23, §1 (NEW).] C. This subsection applies to a district when the municipality or municipalities that constitute the district have previously approved this section or former Title 35, section 3211. For any other district, this subsection applies when approval pursuant to subsection 6 is obtained. [PL 2025, c. 23, §1 (NEW).] [PL 2025, c. 23, §1 (NEW).]

2. Form of warrant. The form of the warrant shall be reasonably similar to the warrant used by the Treasurer of State for real estate taxes. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Assessment and collection of taxes. In the warrant for payment of the sum, the assessors in each municipality shall assess the sum allocated to the municipality or portion of the municipality upon the taxable estates within the municipality or portion of the municipality and shall commit their assessment to the constable or collector of the municipality, who shall have all authority, powers and duty to collect the taxes as is vested by law to collect state, county and municipal taxes. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Allocation if district is composed of more than one municipality. If the district is composed of more than one municipality or portion of a municipality, the trustees shall make the allocation on a basis resulting in a uniform rate applied to 100% of the state valuation on all taxable property within the water district. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Treasurer to pay tax within 30 days. Within 30 days after the date fixed by the municipalities on which their taxes are due, the treasurer of the municipality shall pay the tax assessed to the treasurer of the district. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Section not effective until approved by municipality. This section may not take effect until it or former Title 35, section 3211 , has been approved at a regular or special meeting by a majority of the legislative body of the municipality or municipalities which constitute the district. The appropriate municipal official shall declare the action of the legislative body, file a certificate of it with the Secretary of State and with the clerk of the district. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3803 — ME Code / Title 35-A / Part 3 / Chapter 38 / Section 3803
35-A §3803. Support for policy of beneficial electrification
Status: in_force

1. Petition for renewable resources procurement. [PL 2025, c. 476, Pt. A, §13 (RP).]

2. Plan for promoting beneficial electrification for end uses of energy. The trust shall develop a 3-year beneficial electrification plan for end uses of energy as part of the trust's triennial plan in accordance with section 10104, subsection 4 and provide annual updates to the plan in accordance with section 10104, subsection 6 . A. In developing its beneficial electrification plan for end uses that promotes beneficial electrification, the trust shall: (1) Consult with relevant departments and agencies; (2) Consider incentivizing the appropriate placement of and promoting commercial or industrial beneficial load; and (3) Integrate the ongoing energy planning efforts of the office as appropriate. [PL 2023, c. 553, §3 (NEW).] B. In developing its beneficial electrification plan under this subsection, the trust shall consider: (1) Incorporating the assumptions and advancing the findings and recommendations of the office in its "Maine Energy Plan: Pathway to 2040" study launched in August 2023, part of the comprehensive state energy plan required by Title 2, section 9, subsection 3, paragraph C ; (2) Whether, in order to enable more efficient generation and transmission planning, a certain type or location of electric load is beneficial load; (3) Integrating with and informing the commission's consideration of grid planning priorities pursuant to section 3147 ; and (4) Seeking input from transmission and distribution utilities and relevant agencies and organizations in the State. [PL 2023, c. 553, §3 (NEW).] [PL 2023, c. 553, §3 (AMD).]

3. Funding and reporting. Notwithstanding sections 116 and 117 , at the request of the trust, the commission may transfer money from funds in the Public Utilities Commission Regulatory Fund or the Public Utilities Commission Reimbursement Fund to the trust to implement the 3-year beneficial electrification plan included in the triennial plan under subsection 2 . At the end of any year in which the commission has transferred money under this subsection to the office or the trust, the office or the trust, respectively, shall provide a report to the commission detailing its fund requests, money received and expenditures. [PL 2025, c. 476, Pt. A, §14 (AMD).]

4. Monitoring beneficial electrification trends and opportunities. To the extent possible through readily available information, the office, the commission and the trust shall coordinate to monitor: A. All beneficial electrification activity in the State and the effect of the commission's actions under section 3804 ; [PL 2023, c. 328, §1 (NEW).] B. Trends in beneficial electrification in the State and in other jurisdictions; and [PL 2023, c. 328, §1 (NEW).] C. The estimated costs and benefits for ratepayers of beneficial electrification programs occurring as a result of this chapter and other programs that have been implemented in the State. [PL 2023, c. 328, §1 (NEW).] [PL 2023, c. 328, §1 (NEW).]
35-A M.R.S. § 7225-A — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7225-A
35-A §7225-A. Price cap ILEC service quality requirements
Status: in_force

1. Service quality metrics reporting. A price cap ILEC shall report to the commission quarterly on service quality using the following metrics, using rolling one-year averages, in areas where provider of last resort service is available: A. Network trouble rates; [PL 2015, c. 462, §5 (NEW).] B. The percentage of network troubles not cleared in 48 hours; [PL 2015, c. 462, §5 (NEW).] C. The percentage of installation appointments not met; and [PL 2015, c. 462, §5 (NEW).] D. The average delay, in days, for missed installation appointments. [PL 2015, c. 462, §5 (NEW).] A report submitted under this subsection is confidential and not a public record under Title 1, section 402, subsection 3 and may not be disclosed to any person outside the commission, except as provided in subsection 3 . [PL 2015, c. 462, §5 (NEW).]

2. Minimum requirements. A price cap ILEC shall provide service that meets the following minimum requirements, based on rolling one-year averages, in the areas in which it serves as provider of provider of last resort service: A. Less than 3 network troubles per 100 customers; [PL 2015, c. 462, §5 (NEW).] B. Less than 20% of network troubles not cleared within 48 hours; [PL 2015, c. 462, §5 (NEW).] C. Less than 12% of all installation appointments not met; and [PL 2015, c. 462, §5 (NEW).] D. Less than a 9-day average delay for missed installation appointments. [PL 2015, c. 462, §5 (NEW).] [PL 2015, c. 462, §5 (NEW).]

3. Failure to meet service quality requirements. If a price cap ILEC fails to meet any service quality requirement in this section for any 2 consecutive quarters, the results for these service quality requirements for these quarters are no longer confidential and become public records. The commission shall investigate a failure to meet a service quality requirement. If the commission concludes after investigation that the failure to meet a service quality requirement is due to factors within the control of the price cap ILEC, the commission shall, by order, direct the price cap ILEC to take such steps as the commission determines necessary to meet the requirement. If the provider fails to comply with the commission's order, the commission shall impose a penalty in accordance with section 1508‑A, subsection 1, paragraph A in an amount sufficient to ensure compliance with that order. Nothing in this subsection limits the commission's authority to direct a price cap ILEC to act to improve service under any other provision of this chapter. [PL 2015, c. 462, §5 (NEW).]
35-A M.R.S. § 4703-A — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4703-A
35-A §4703-A. Natural gas for use in vehicles
Status: in_force

The following provisions govern the creation of subsidiaries or affiliates of gas utilities for the purpose of selling gas for use in vehicles fueled by natural gas. [PL 1993, c. 178, §2 (NEW).]

1. Policy and findings. The Legislature finds that it is in the best interests of this State that the sale of natural gas for use as fuel in vehicles take place in an unregulated environment. The Legislature finds that entities that assume the risk of investment in the business of selling natural gas for use as a fuel in vehicles are entitled to the rewards and should be responsible for the costs of engaging in that business. It is the policy of the Legislature, in authorizing the creation of certain unregulated entities under this section, that ratepayers of gas utilities should not, as ratepayers, contribute to or benefit from the unregulated activity of those entities. [PL 1993, c. 178, §2 (NEW).]

2. Creation of subsidiary or affiliate. Notwithstanding section 708 , a gas utility may create without commission approval a wholly owned subsidiary or affiliate corporation whose sole purpose is to sell gas for use in vehicles fueled by natural gas, provided that: A. The creation of the wholly owned subsidiary or affiliate does not result in ratepayers of the gas utility directly or indirectly contributing to or benefiting from the activities of the wholly owned subsidiary or affiliate and does not otherwise adversely affect ratepayers of the gas utility; and [PL 1993, c. 178, §2 (NEW).] B. The creation of a subsidiary or affiliate does not impair the ability of the gas utility to provide safe, reasonable and adequate service. [PL 1993, c. 178, §2 (NEW).] [PL 1993, c. 178, §2 (NEW).]

3. Rates for sales by gas utility. The rate for any sale of gas by a gas utility to a subsidiary or affiliate corporation created pursuant to this section or to any other entity that provides natural gas for use in vehicles must exceed the actual cost of the gas sold and include a contribution to the fixed costs of the utility. The commission may not find that the cost of gas sold to other customers of the utility has been increased as a result of any sale of gas by the utility at a rate that meets the requirements of this section. [PL 1993, c. 178, §2 (NEW).]

4. Allocation of earnings. The commission may not allocate earnings of a wholly owned subsidiary or affiliate created pursuant to this section in a manner that benefits the customers of a gas utility. [PL 1993, c. 178, §2 (NEW).]

5. Separate books and records. A subsidiary or affiliate created pursuant to this section shall maintain separate and independent books, accounts and records. [PL 1993, c. 178, §2 (NEW).]

6. Access to books and records. A gas utility shall provide the commission with reasonable access to books, records, documents and other information of the gas utility related to a subsidiary or affiliate corporation created pursuant to this section. [PL 1993, c. 178, §2 (NEW).]

7. Reasonableness of transaction. In a commission proceeding pursuant to section 307 , 1303 or 4703 , a gas utility shall demonstrate that all transactions with a subsidiary or affiliate corporation created by the utility pursuant to this section were reasonable. [PL 1993, c. 178, §2 (NEW).]

8. Commission oversight. Notwithstanding the provisions of section 707 , transactions between a gas utility and a subsidiary or affiliated interest created pursuant to this section do not require preapproval by the commission. [PL 1993, c. 178, §2 (NEW).]

9. Investment by utility. Except as otherwise provided in this subsection, a gas utility that creates a subsidiary or affiliate corporation pursuant to this section may not invest in that subsidiary or affiliate corporation an amount greater than 1% of the gas utility's total retail revenues. Upon request of a gas utility, the commission, after notice and hearing, may permit an investment greater than 1% of the utility's total retail revenues. [PL 1993, c. 178, §2 (NEW).]

10. Regulation of gas utility. Except as expressly provided in this section, nothing in this section exempts a gas utility from any laws, principles and rules governing the regulation of public utilities. [PL 1993, c. 178, §2 (NEW).]

11. Subsidiary or affiliate created by the parent corporation of a gas utility. If a subsidiary or affiliated interest is created by the parent corporation of a gas utility for the purpose of supplying natural gas for use in vehicles, only the following provisions apply. A. If the subsidiary or affiliate does any business in this State, the parent corporation shall provide the commission with reasonable access to books, records, documents or other information of the parent corporation related to that subsidiary or affiliate. [PL 1993, c. 178, §2 (NEW).] B. In a commission proceeding pursuant to section 307 , 1303 or 4703 , a gas utility shall demonstrate that all transactions with a subsidiary or affiliate of a parent corporation were reasonable. [PL 1993, c. 178, §2 (NEW).] For purposes of this subsection, the term "parent corporation" means an affiliated interest, as defined in section 707, subsection 1, paragraph A, subparagraphs (1), (2) and (4), of a gas utility that is not itself a gas utility in this State. [PL 1993, c. 178, §2 (NEW).]

12. Limitations. Except as provided in this section, the sale by a person, not otherwise a gas utility, of natural gas directly to customers for use in vehicles fueled by natural gas is not subject to regulation by the commission. [PL 1993, c. 178, §2 (NEW).]
35-A M.R.S. § 7504 — ME Code / Title 35-A / Part 7 / Chapter 75 / Section 7504
35-A §7504. Special telephone equipment
Status: in_force

The commission shall retain jurisdiction over the sale or lease of volume control and low-speech power telephone equipment and of bone conductor receivers, pursuant to section 103 , until it makes an affirmative finding, based on full consideration of an evidentiary record, that there are adequate retail outlets in the State to ensure affordable and competitive pricing of this equipment and its availability in sufficient quantities to satisfy the current and projected demand for that equipment by customers with hearing or speech impairments. The commission shall have discretion not to regulate any person whose share of the total market in the State of volume control or low-speech power telephone equipment or of bone conductor receivers is considered not to be substantial. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6703 — ME Code / Title 35-A / Part 6 / Chapter 67 / Section 6703
35-A §6703. Proceedings before commissioners
Status: in_force

1. Hearing. The commissioners shall fix a time for a hearing, inside the county where the property is situated, and give written notice of the hearing to the owner and to the water utility seeking to acquire the property. At the hearing, all parties in interest shall be heard either in person or by attorney, and witnesses may be summoned by either party and attendance compelled as before other judicial tribunals. [PL 1987, c. 490, Pt. B, §17 (RPR).]

2. Burden of proof. The burden of proof to show the necessity of the particular taking rests on the party seeking to acquire the property. [PL 1987, c. 490, Pt. B, §17 (RPR).]

3. Commission's decision. The decision of a majority of the commissioners is final as to questions of fact. [PL 1987, c. 490, Pt. B, §17 (RPR).]
35-A M.R.S. § 6416 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6416
35-A §6416. Water districts; mutual funds
Status: in_force

A water district may invest its funds, including sinking funds, reserve funds and trust funds, to the extent that the terms of any instrument creating the funds do not prohibit the investment, in shares of an investment company registered under the federal Investment Company Act of 1940, whose shares are registered under the United States Securities Act of 1933, only if the investments of the investment company are limited to obligations of the United States or any agency or instrumentality, corporate or otherwise, of the United States, or repurchase agreements secured by obligations of the United States or any agency or instrumentality, corporate or otherwise, of the United States. This section is in addition to and does not limit the power of a water district to invest its funds. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 3802 — ME Code / Title 35-A / Part 3 / Chapter 38 / Section 3802
35-A §3802. Definitions
Status: in_force

For the purposes of this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 328, §1 (NEW).]

1. Beneficial electrification. "Beneficial electrification" has the same meaning as in section 10102, subsection 3‑A . [PL 2023, c. 328, §1 (NEW).]

1-A. Beneficial load. "Beneficial load" means: A. An increase in electric load that is consistent with the principles of beneficial electrification; or [PL 2023, c. 553, §2 (NEW).] B. The excess electrical capacity within the grid, the use of which is consistent with beneficial electrification and, when feasible, avoids the need for significant investment in or expenditures for additional grid infrastructure. [PL 2023, c. 553, §2 (NEW).] "Beneficial load" includes electric load that is used to reduce peak demand or shift the demand to lower cost time periods. [PL 2023, c. 553, §2 (NEW).]

2. Office. "Office" means the Governor's Energy Office. [PL 2023, c. 328, §1 (NEW).]

3. Renewable resource. "Renewable resource" has the same meaning as in section 3210, subsection 2, paragraph C . [PL 2023, c. 328, §1 (NEW).]

4. Trust. "Trust" means the Efficiency Maine Trust. [PL 2023, c. 328, §1 (NEW).]
35-A M.R.S. § 719 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 719
35-A §719. Termination of utility services for public safety facilities for nonpayment of rates, fees or charges for utility service
Status: in_force

1. Termination. A public utility may not terminate or disconnect a public safety facility's utility service for nonpayment of rates, fees or charges for utility service unless the public utility has: A. Provided written notice to the municipal or plantation government using the public safety facility of the public utility's intention to terminate or disconnect the public safety facility's utility service at least 60 days before the termination or disconnection date; [PL 2021, c. 586, §2 (NEW).] B. Obtained from the commission written authorization to terminate or disconnect the public safety facility's utility service; and [PL 2021, c. 586, §2 (NEW).] C. Obtained from the Department of Public Safety written authorization to terminate or disconnect the public safety facility's utility service. [PL 2021, c. 586, §2 (NEW).] [PL 2021, c. 586, §2 (NEW).]

2. Penalties. Notwithstanding section 1508‑A, subsection 1 , the commission shall impose an administrative penalty on a public utility that violates this section in accordance with this subsection. A. For violations of this section by a public utility, the commission shall impose an administrative penalty for each violation in an amount between 0.1% and 0.25% of the annual gross revenue that the public utility received from sales in the State. Each day a violation continues constitutes a separate offense. The maximum administrative penalty for any related series of violations under this paragraph may not exceed 5% of the annual gross revenue that the public utility received from sales in the State. [PL 2021, c. 586, §2 (NEW).] B. For a violation in which a public utility was explicitly notified by the commission that it was not in compliance with the requirements of this section and that failure to comply could result in the imposition of administrative penalties, the commission shall impose an additional administrative penalty of an amount between 0.1% and 0.25% of the annual gross revenue for each violation. [PL 2021, c. 586, §2 (NEW).] C. In determining the amount of an administrative penalty under this subsection, the commission shall take into account the considerations in section 1508‑A, subsection 2 . [PL 2021, c. 586, §2 (NEW).] [PL 2021, c. 586, §2 (NEW).]

3. Rules. The commission shall adopt or amend rules to implement this section. The commission shall ensure that any process or system changes made by a public utility to comply with this section are cost effective, result in operation and maintenance costs that are prudent and reasonable and do not involve capital investment. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . In adopting rules pursuant to this subsection, the commission shall consult with the Department of Public Safety and a statewide organization representing municipal interests in the State. [PL 2021, c. 586, §2 (NEW).]
35-A M.R.S. § 114 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 114
35-A §114. Utility personnel records
Status: in_force

1. Confidential. The following records of public utilities are confidential and, except as otherwise provided in subsection 3 , are excluded from the books, accounts, papers, records, memoranda, documents and information otherwise available to the commission under this Title and may not be open to public inspection: A. Materials prepared for and used specifically in the examination or evaluation of applicants for positions with a public utility, including working papers, research materials, records and examinations; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Records containing the following: (1) Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders; (2) Performance evaluations and personal references; (3) Information pertaining to the credit worthiness of a named employee; (4) Information pertaining to the personal history, general character or conduct of members of an employee's immediate family; or (5) Complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations or any other information or materials that may result in disciplinary action; or [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Other information to which access by the general public is prohibited by law. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Compliance. Failure or refusal by any public utility or any officer, agent or attorney of any public utility to comply with any order, data request or subpoena calling for the production of those records other than an order issued pursuant to subsection 3 , shall not serve as the basis for any civil or criminal fine, penalty or forfeiture. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. In camera inspection. Upon request by the commission staff, the Public Advocate or intervenor in a matter before the commission or upon the commission's own motion and for good cause shown, the commission may order a public utility to produce for in camera inspection by the commission or hearing examiner the records designated confidential under subsection 1 . The employee whose records are the subject of such a request shall be notified by the commission of the request and shall be given the opportunity to be heard before an order to produce is issued. If the commission or hearing examiner determines after in camera inspection that a record is reasonably relevant to the matter before it and that production of the record is not unjust or unlawful and that the materiality of the record outweighs any harm to the employee from its disclosure, the commission or hearing examiner may order that the record be made a part of the discovery or evident aspects of the proceedings, subject to the terms and conditions that are just, due consideration being given to the privacy interests of the employee involved. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1905 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1905
35-A §1905. Funding of an energy cost reduction contract or a physical energy storage contract
Status: in_force

Contracts under this chapter may be funded in accordance with this section. [PL 2015, c. 445, §6 (AMD).]

1. Assessments on ratepayers. The commission may direct one or more transmission and distribution utilities, gas utilities or natural gas pipeline utilities to collect an assessment from ratepayers for the following purposes: A. To finance the participation of a transmission and distribution utility, a gas utility or a natural gas pipeline utility in an energy cost reduction contract or a physical energy storage contract; and [PL 2015, c. 445, §6 (AMD).] B. To pay the costs of energy cost reduction contract or physical energy storage contract evaluation and administration under section 1906, subsection 2 . [PL 2015, c. 445, §6 (AMD).] All assessments must be just and reasonable as determined by the commission and must be identified as an energy cost reduction contract charge or a physical energy storage contract charge on a ratepayer's utility bill. When determining just and reasonable assessments, the commission shall consider the anticipated reduction in the price of gas or electricity, as applicable, accruing to different categories of ratepayers as a result of the contract. [PL 2015, c. 445, §6 (AMD).]

2. Assessments on utilities. If the commission is the principal and counterparty on an energy cost reduction contract or a physical energy storage contract, the commission may: A. Assess one or more transmission and distribution utilities, gas utilities and natural gas pipeline utilities in proportion to the anticipated reduction in the price of gas or electricity, as applicable, accruing as a result of an energy cost reduction contract or a physical energy storage contract to the customers of the utility for any and all net costs to the commission of the commission's performance of the contract as determined by the commission in an adjudicatory proceeding. The cost to the utility of the assessment may be recovered by the utility in rates in the same manner as any other prudently incurred cost. [PL 2015, c. 445, §6 (AMD).] [PL 2015, c. 445, §6 (AMD).]

3. Volumetric fee. The commission may establish and direct the payment to the trust fund of a volumetric fee on the use of gas by a consumer of natural gas obtained from a source other than a gas utility or a natural gas pipeline utility of this State in proportion to the anticipated reduction in the price of gas accruing to that consumer as a result of an energy cost reduction contract or a physical energy storage contract as determined by the commission in an adjudicatory proceeding. [PL 2015, c. 445, §6 (AMD).]
35-A M.R.S. § 3608 — ME Code / Title 35-A / Part 3 / Chapter 36 / Section 3608
35-A §3608. Regulatory approvals; use of public resources
Status: in_force

1. Regulatory approval. The development, siting and operation of a community-based renewable energy project is subject to all applicable regulatory reviews and approvals required by governmental entities, including, but not limited to, municipalities and state agencies, pursuant to law, ordinance or rule. [PL 2009, c. 329, Pt. A, §4 (NEW).]

2. Use of publicly owned land, water or facilities. Nothing in this chapter limits the authority of the State or a political subdivision of the State to use publicly owned land, water or facilities in the development and operation of a community-based renewable energy project or to lease publicly owned land, water or facilities to other qualifying owners for the development and operation of a community-based renewable energy project. [PL 2009, c. 329, Pt. A, §4 (NEW).]
35-A M.R.S. § 3708 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3708
35-A §3708. Fees
Status: in_force

The Secretary of State shall charge and collect for filing articles of incorporation, articles of amendment, articles of consolidation or articles of conversion a fee of $5, and for filing certificate of election to dissolve, articles of dissolution or certificate of change of principal office a fee of $2. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3406 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3406
35-A §3406. Offshore Wind Research Consortium; fund established
Status: in_force

1. Offshore Wind Research Consortium. The Offshore Wind Research Consortium is an initiative of the office, in collaboration with the Department of Marine Resources and the Department of Inland Fisheries and Wildlife, to coordinate, support and arrange for the conduct of research on offshore wind power projects in the Gulf of Maine. [PL 2023, c. 481, §4 (AMD).]

2. Advisory board. The office, in consultation with independent scientific experts, shall establish an advisory board of the consortium to oversee the development and execution of a research strategy to better understand the local and regional impacts of floating offshore wind power projects in the Gulf of Maine. The advisory board must include, but is not limited to, the following members: A. Two individuals from organizations that represent commercial lobster harvesting interests in the State; [PL 2021, c. 407, §3 (NEW).] B. At least one individual from an organization that represents the interest of commercial fisheries other than lobster harvesting; [PL 2021, c. 407, §3 (NEW).] C. The Commissioner of Marine Resources, or the commissioner's designee; [PL 2021, c. 407, §3 (NEW).] C-1. The Commissioner of Inland Fisheries and Wildlife, or the commissioner's designee; [PL 2023, c. 481, §4 (NEW).] D. Two individuals, not represented by an organization, that represent the interests of the commercial lobster harvesting industry and commercial fisheries in the State; [PL 2023, c. 481, §4 (AMD).] E. One individual from the recreational charter fishing industry; [PL 2023, c. 481, §4 (AMD).] F. At least one individual who is a member of one of the federally recognized Indian tribes in this State; [PL 2023, c. 481, §4 (NEW).] G. Two individuals with expertise in marine wildlife and habitats; and [PL 2023, c. 481, §4 (NEW).] H. At least one individual with experience in commercial offshore wind power development. [PL 2023, c. 481, §4 (NEW).] The advisory board is subject to all applicable provisions of the Freedom of Access Act. The operation of the advisory board must be informed by the work of regional and national scientific entities. The advisory board shall solicit input from stakeholders, including representatives of the fishing industry, state and federal agencies and scientific experts. [PL 2023, c. 481, §4 (AMD).]

3. Research strategy. The advisory board established in subsection 2 in developing a research strategy shall at a minimum identify: A. Opportunities and challenges caused by the deployment of floating offshore wind power projects to the existing uses of the Gulf of Maine; [PL 2021, c. 407, §3 (NEW).] B. Methods to avoid and minimize the impact of floating offshore wind power projects on ecosystems and existing uses of the Gulf of Maine; and [PL 2021, c. 407, §3 (NEW).] C. Ways to realize cost efficiencies in the commercialization of floating offshore wind power projects. [PL 2021, c. 407, §3 (NEW).] The advisory board shall advise the office on the development of the components of the research strategy. [PL 2023, c. 481, §4 (AMD).]

4. Offshore Wind Research Consortium Fund; established. The Offshore Wind Research Consortium Fund, referred to in this subsection as "the fund," is established as a nonlapsing fund administered by the office and the Department of Marine Resources and in coordination with the Department of Inland Fisheries and Wildlife. The fund consists of funds that are appropriated by the Legislature, funds received from federal and state sources, payments from offshore wind power projects in accordance with section 3408, subsection 1, paragraph D, subparagraph (3) and other funds from any public or private source received for use for any of the purposes under this subsection. The source of any funds received from public or private sources must be publicly disclosed. The fund may be used to support the consortium and the work of the advisory board established in subsection 2, including for: A. Developing the research strategy under subsection 3 ; [PL 2021, c. 407, §3 (NEW).] B. Conducting research pursuant to the strategy developed under subsection 3 ; [PL 2023, c. 481, §4 (AMD).] B-1. Supporting conservation actions and projects that support species and habitats impacted by offshore wind power development; [PL 2023, c. 481, §4 (NEW).] C. Producing reports or other materials; [PL 2021, c. 407, §3 (NEW).] D. Compensating independent experts, if needed to assist in the development or execution of the research strategy under subsection 3 ; and [PL 2021, c. 407, §3 (NEW).] E. Making any other expenditures that are necessary to achieve the purposes of this section. [PL 2021, c. 407, §3 (NEW).] The office, in consultation with the advisory board, shall provide an annual report on the use of the fund in the last quarter of each calendar year to the joint standing committee of the Legislature having jurisdiction over energy and utility matters. [PL 2023, c. 481, §4 (AMD).]
35-A M.R.S. § 7508 — ME Code / Title 35-A / Part 7 / Chapter 75 / Section 7508
35-A §7508. Public-interest pay phones
Status: in_force

1. Public-interest pay phone locations. In order to ensure access to pay phones in a manner that fulfills the requirements of the public health, safety and welfare, the commission shall establish by rule a process for reviewing and approving requests for public-interest pay phones in accordance with this section. A. The commission shall establish procedures by which citizens may petition to have a public-interest pay phone at a particular location. [PL 2005, c. 131, §2 (NEW).] B. Consistent with the following general criteria, the commission shall establish procedures and standards for responding to a petition for a public-interest pay phone. (1) A proposed public-interest pay phone must fulfill a public welfare, health or safety policy objective. (2) A pay phone would not otherwise remain or be placed at a proposed public-interest pay phone location by the operation of the competitive marketplace. [PL 2005, c. 131, §2 (NEW).] C. A public-interest pay phone may not be removed from service unless its owner provides written notice to the commission 30 days prior to removal, except that the commission, pursuant to rules adopted under this section, may grant a waiver of this requirement. [PL 2005, c. 131, §2 (NEW).] [PL 2005, c. 131, §2 (NEW).]

2. Recovery of costs. The costs associated with installing and maintaining public-interest pay phones pursuant to this section must be paid from funds available pursuant to section 7104, subsection 6 . [PL 2005, c. 131, §2 (NEW).]

3. Rules. The commission shall adopt rules that are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A to implement this section. [PL 2005, c. 131, §2 (NEW).]

4. Annual report. [PL 2023, c. 77, §10 (RP).]
35-A M.R.S. § 6113 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6113
35-A §6113. Water supply protection fund
Status: in_force

1. Water supply protection fund. A consumer-owned water utility may establish a water supply protection fund to which a sum may be credited annually from surplus funds. The annual credit may not exceed 5% of the prior year's total revenue. [PL 2003, c. 529, §3 (AMD).]

2. Water supply protection fund maximum. Except as provided in subsections 5 and 7 , the maximum amount that may be accumulated in a water supply protection fund is 15% of the most recent year's annual revenue of the utility or $100,000, whichever is greater. When the water supply protection fund is at the maximum amount permitted, credit may not be made to the fund from surplus funds. [PL 1993, c. 30, §1 (NEW).]

3. Use of water supply protection fund. Except as provided in subsection 4 , a water supply protection fund may be used by a consumer-owned water utility only for the protection of a public water supply in accordance with this subsection. A consumer-owned water utility may use a water supply protection fund to acquire interests in real property reasonably necessary for the protection of the public water supply, including, but not limited to, the acquisition of conservation easements, access easements, other permanent interests in land or long-term leases of at least 99 years. A consumer-owned water utility may also use a water supply protection fund to assist a holder in acquiring a fee interest in real property or a conservation easement if that acquisition is reasonably likely to result in or contribute to the protection of a public water supply. If a consumer-owned water utility assists a holder in acquiring a conservation easement and the utility does not acquire through the transaction a fee interest in the property, consumer-owned water utility shall obtain a 3rd-party right of enforcement with respect to that easement. If a consumer-owned water utility assists a holder in acquiring a fee interest in real property, the utility shall acquire a conservation easement unless the holder conveys a conservation easement to another holder, in which case the utility shall obtain a 3rd-party right of enforcement with respect to that conservation easement. For purposes of this subsection, "protection of public water supply" includes watershed protection, groundwater protection or wellhead protection reasonably necessary to minimize the potential for contamination of the consumer-owned water utility's water supply. If the consumer-owned water utility has adopted a watershed control program pursuant to 40 Code of Federal Regulations, Section 141.71 and that program has been approved by the Department of Health and Human Services, any expenditures from the water supply protection fund pursuant to this section for the purposes of watershed protection must be in conformity with that watershed control program. For purposes of this subsection, "conservation easement" has the same meaning as in Title 33, section 476, subsection 1 ; "holder" has the same meaning as in Title 33, section 476, subsection 2 ; and "3rd-party right of enforcement" has the same meaning as in Title 33, section 476, subsection 4 . [PL 2023, c. 137, §1 (AMD).]

4. Withdrawal of money from the fund. A consumer-owned water utility that has accumulated money in its water supply protection fund may remove money from the fund and return that money to the unappropriated retained earnings account if the utility determines that the removal would be in the best interest of the utility's customers. [PL 1993, c. 30, §1 (NEW).]

5. Commission review. If a consumer-owned water utility needs to accumulate more than the maximum amount allowed in the water supply protection fund to acquire interests as provided in subsection 3 , the utility shall obtain the approval of the commission before any sum may be allotted to the fund that would cause the fund to exceed the maximum. [PL 1993, c. 30, §1 (NEW).]

6. Accounting treatment of fund. Money in a water supply protection fund is not considered unappropriated retained earnings for the purpose of section 6112, subsection 5 , nor is such money considered in determining reasonable revenue requirements under section 310 or 6104 . [PL 1993, c. 30, §1 (NEW).]

7. Interest. Except as provided in subsection 4 , interest earned on money in a water supply protection fund must remain in the fund and be used solely for the purposes of the fund, notwithstanding the maximum amount permitted in the fund. [PL 1993, c. 30, §1 (NEW).]
35-A M.R.S. § 10207 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10207
35-A §10207. Annual report
Status: in_force

The trust shall report annually on the implementation of this chapter as part of the report required under section 10104, subsection 5 . [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 4702-A — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4702-A
35-A §4702-A. Safety jurisdiction only over certain gas utilities
Status: in_force

The commission may regulate certain gas utilities in accordance with this section as an agent of the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration pursuant to 49 United States Code, Section 60105. [PL 2011, c. 197, §2 (NEW).]

1. Jurisdiction. A gas utility owning, controlling, operating or managing a central tank system or a liquefied petroleum gas system is subject to the jurisdiction of the commission solely with respect to safety if that system serves: A. Ten or more customers; [PL 2011, c. 197, §2 (NEW).] B. More than one customer and any portion of the central tank system or liquefied petroleum gas system is located in a public place; or [PL 2011, c. 197, §2 (NEW).] C. One customer and a portion of the central tank system or liquefied petroleum gas system is located off the customer's premises in a public place. [PL 2011, c. 197, §2 (NEW).] In regulating gas utilities under this section, the commission may not interpret "public place" to include a motel room, hotel room, rented cottage or other rented or leased living space unless the commission receives written notice from the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration that this exclusion is incompatible with the administration's interpretation of 49 Code of Federal Regulations, Section 192.1 and the commission by rule establishes a definition of "public place" consistent with that written notice. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 197, §2 (NEW).]

2. Limitations; liquefied petroleum gas systems. Regulation of liquefied petroleum gas systems under this section is governed by this subsection. As used in this subsection, unless the context otherwise indicates, "jurisdictional system" means a liquefied petroleum gas system subject to the jurisdiction of the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration under 49 Code of Federal Regulations, Section 192.1, and "operator" means the operator of a jurisdictional system. A. The commission may regulate liquefied petroleum gas systems only to the extent the system is subject to the jurisdiction of the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration under 49 Code of Federal Regulations, Section 192.1. [PL 2011, c. 197, §2 (NEW).] B. The commission shall regulate jurisdictional systems and operators under this section in accordance with the minimum standards established by the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration as adopted by reference by the commission by rule. Rules adopting by reference the minimum standards established by the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 197, §2 (NEW).] C. The commission may not adopt or enforce any rule governing jurisdictional systems or operators, including but not limited to rules establishing definitions or standards, except as specifically authorized in this paragraph, paragraph B or subsection 1 . The commission may by rule: (1) Identify and certify operators; (2) Require jurisdictional systems to be registered with the commission. The commission may not impose an administrative penalty under section 1508‑A that exceeds $5,800 for failure to register a jurisdictional system; (3) Prohibit delivery of liquefied petroleum gas to a customer if an operator has determined that piping or other equipment owned by the customer makes continued delivery unsafe. Nothing in this subparagraph permits the commission to require an operator to inspect, maintain or otherwise oversee customer-owned piping or other equipment; (4) Require operators to participate in the underground facility damage prevention system established under Title 23, section 3360‑A ; (5) Define "combustible material"; (6) Establish reasonable requirements for operators to keep on file maps or drawings of jurisdictional systems; (7) Establish reasonable standards for the protection of jurisdictional systems from reasonably foreseeable damages that may be caused by motorized vehicles or snow, ice or other weather-related conditions; (8) Establish reasonable requirements for the installation of warning tape and tracer wires on plastic pipes installed by operators; (9) Establish reasonable requirements for operators to mark containers owned by the operators and located on customer property; (10) Establish reasonable requirements for the use of directional boring by operators for the installation of piping for jurisdictional systems; (11) Establish reasonable odor verification requirements for liquefied petroleum gas delivered to customers by operators; and (12) Establish enforcement procedures. The enforcement procedures must provide for informal disposition of possible violations, including procedures that allow a person to correct a violation without penalty, informal conferences to resolve disputes about violations, consent agreements to resolve enforcement actions and other means of avoiding adjudicatory proceedings and the imposition of administrative penalties when informal means of enforcement are adequate to ensure public safety. Rules adopted under this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 318, §17 (AMD).] D. In applying the atmospheric corrosion control standards established by the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration to liquefied petroleum gas systems, the commission shall consider atmospheric corrosion to be a condition exhibiting signs of deterioration, including pitting or loss of metal. The commission may not consider surface rust or loss of paint coating to constitute atmospheric corrosion. [PL 2011, c. 197, §2 (NEW).] [PL 2021, c. 318, §17 (AMD).]
35-A M.R.S. § 1708 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1708
35-A §1708. Information from utilities, standard-offer service providers and competitive electricity providers
Status: in_force

1. Reports and filings. Utilities shall provide to the Public Advocate copies of all reports and other information required to be filed with or that may be submitted to the commission, except to the extent that this requirement is waived, in writing, by the Public Advocate. [PL 2025, c. 123, §2 (NEW).]

2. Commission order; information disclosure. The Public Advocate may petition the commission for information or data from a public utility, standard-offer service provider or competitive electricity provider that is necessary for the Public Advocate to carry out the purposes of this chapter. The commission may, upon a showing of good cause, order a public utility, standard-offer service provider or competitive electricity provider to provide such information or data to the Public Advocate. To the extent that the information or data would otherwise be confidential pursuant to this Title or rules adopted pursuant to this Title, the Public Advocate or the utility, standard-offer service provider or competitive electricity provider may request that the commission issue a protective order pursuant to section 1311‑A to protect such information or data from disclosure. [PL 2025, c. 123, §2 (NEW).]

3. Data and information requests. In a proceeding before the commission, the Public Advocate has the same right to request data or information as an intervenor. [PL 2025, c. 123, §2 (NEW).]
35-A M.R.S. § 3751 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3751
35-A §3751. Powers generally
Status: in_force

A cooperative may: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Sue. Sue in its corporate name; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Be sued. Be sued in its corporate name; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Seal. Adopt and alter a corporate seal; [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Use of electricity. Generate, manufacture, purchase, acquire, accumulate and transmit electricity, and distribute, sell, supply and dispose of electricity to its members; [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Use of electrical and plumbing appliances. Assist persons to whom electricity is or will be supplied by the cooperative in wiring their premises and in acquiring and installing electrical and plumbing appliances, equipment, fixtures and apparatus by financing, or otherwise; wire or cause to be wired the premises; and purchase, acquire, lease as lessor or lessee, sell, distribute, install and repair the electric and plumbing appliances, equipment, fixtures and apparatus; [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Electric cold storage or processing plants. Assist persons to whom electricity is or will be supplied by the cooperative in constructing, equipping, maintaining and operating electric cold storage or processing plants, by financing or otherwise; [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Acquire certain plants and equipment. Construct, purchase, lease as lessee or otherwise acquire; equip, maintain and operate; sell; assign; convey; lease as lessor; or mortgage, pledge or otherwise dispose of or encumber electric transmission and distribution lines or systems, electric generating plants, electric cold storage or processing plants, lands, buildings, structures, dams, plants and equipment and any other real or personal property, tangible or intangible, which is determined necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized. In the construction and operation of their facilities, cooperatives shall comply with all safety laws and regulations applicable to electric utilities; [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Electric transmission and distribution lines. Construct, maintain and operate electric transmission and distribution lines along, upon, under and across publicly owned lands and public thoroughfares, including all roads, highways, streets, alleys, bridges and causeways, subject to chapters 23 and 25 ; [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Franchises, licenses, rights and easements. Purchase, lease as lessee, or otherwise acquire; use and exercise, and sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber franchises, rights, privileges, licenses and easements; [PL 1987, c. 141, Pt. A, §6 (NEW).]

10. Contract indebtedness. Borrow money and otherwise contract indebtedness; issue notes, bonds and other evidences of indebtedness; and secure the payment by mortgage, pledge or deed of trust, or any other encumbrance upon, any or all of its then owned or after-acquired real or personal property, assets, franchises, revenues or income; [PL 1987, c. 141, Pt. A, §6 (NEW).]

11. Member of other cooperatives. Become a member of other cooperatives or corporations or to own stock in them; [PL 1987, c. 141, Pt. A, §6 (NEW).]

12. Bylaws. Adopt, amend and repeal bylaws; [PL 1987, c. 141, Pt. A, §6 (NEW).]

13. Other consistent acts. Perform any other acts and have and exercise any other powers which may be necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6508 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6508
35-A §6508. Deposit of awards
Status: in_force

When the proceedings are closed, the taker may deposit with the clerk of the court the amount of damages awarded with interest to the time of deposit, which shall be in full satisfaction of all claims, unless a demand has been made previously and payment neglected. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4174 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4174
35-A §4174. Environmental regulation
Status: in_force

The agency is subject to the jurisdiction of the Department of Environmental Protection and the Maine Land Use Planning Commission in the same manner as any other public utility. [PL 1987, c. 141, Pt. A, §6 (NEW); PL 2011, c. 682, §38 (REV).]
35-A M.R.S. § 3459 — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3459
35-A §3459. Best practical mitigation
Status: in_force

1. Process. An application for a grid-scale wind energy development must contain, and the primary siting authority shall require, best practical mitigation for all aspects of construction and operation of generating facilities. In determining best practical mitigation options, the primary siting authority shall consider: A. The existing state of technology; [PL 2013, c. 325, §3 (NEW).] B. The effectiveness of available technologies or methods for reducing impacts; and [PL 2013, c. 325, §3 (NEW).] C. The economic feasibility of the type of mitigation under consideration. [PL 2013, c. 325, §3 (NEW).] [PL 2013, c. 325, §3 (NEW).]

2. Rules. The department shall adopt rules governing best practical mitigation under this section. Rules adopted under this subsection are major substantive rules as described in Title 5, chapter 375, subchapter 2-A. Any amendments to the rules after final adoption of the major substantive rules are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [PL 2013, c. 325, §3 (NEW).]
35-A M.R.S. § 1906 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1906
35-A §1906. Contract resale and administration
Status: reserved

The following provisions govern the resale and evaluation and administration of an energy cost reduction contract or a physical energy storage contract. [PL 2015, c. 445, §6 (AMD).]

1. Resale of natural gas pipeline capacity. The commission may negotiate and enter into contracts for the resale of all or a portion of the reserved natural gas transmission pipeline capacity acquired through an energy cost reduction contract. All of the revenue received as a result of the resale must be deposited into the trust fund. [PL 2013, c. 369, Pt. B, §1 (NEW).]

1-A. Resale of physical energy storage capacity. The commission may negotiate and enter into contracts for the resale of all or a portion of the physical energy storage capacity acquired through a physical energy storage contract. All of the revenue received as a result of the resale must be deposited into the trust fund. [PL 2015, c. 445, §6 (NEW).]

2. Contract evaluation and administration. The commission is responsible for assessing, analyzing, negotiating, implementing and monitoring compliance with energy cost reduction contracts and physical energy storage contracts. The commission may use funds for this purpose from the trust fund or may collect funds for this purpose through just and reasonable assessments placed on a transmission and distribution utility, a gas utility or a natural gas pipeline utility pursuant to section 1905, subsection 1, paragraph B . [PL 2015, c. 445, §6 (AMD).]

Nothing in this section precludes a transmission and distribution utility, gas utility or natural gas pipeline utility from taking or having an interest in any facility subject to an energy cost reduction contract or a physical energy storage contract. [PL 2015, c. 445, §6 (NEW).]
35-A M.R.S. § 704 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 704
35-A §704. Termination of utility services
Status: in_force

The following provisions apply to termination of a customer's utility service. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Residential customers. The commission shall adopt and promulgate reasonable rules after a hearing concerning the termination or disconnection of any residential customer's service by a transmission and distribution, gas, water or telephone utility of the State. These rules apply generally to all such utilities within the commission's jurisdiction and must provide for adequate written notice by that utility to the residential customer that the customer's utility bill has not been paid, and a notice of the prospective termination or disconnection and the right, prior to disconnection, to enter into reasonable installment payment arrangements with that utility; to settle any dispute concerning the proposed disconnection at an informal hearing with that utility and to appeal the results of that utility's decision to the commission. The rules must also provide that there may be no termination or disconnection during a limited medical emergency and for a just and reasonable procedure regarding reconnections of utility service and deposit requirements. [PL 1999, c. 398, Pt. A, §18 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

1-A. Agreements with landlords. A transmission and distribution utility shall, upon request of a landlord, enter into an agreement with that landlord with respect to a residential rental property receiving transmission and distribution service in the name of that landlord's tenant to automatically transfer the service to the name of the landlord if the service would otherwise be disconnected. The transmission and distribution utility must notify the landlord within 72 hours of the transfer of the service to the landlord's name. Except upon the consent of the tenant, the transmission and distribution utility may not disclose to the landlord any personal or confidential information regarding the tenant or the tenant's account, except that a utility may disclose to the landlord that the service has been transferred to the landlord's name and any other information necessary to enable the utility to continue service to the premises. The transmission and distribution utility may charge a reasonable fee for the costs associated with the transfer of the service to the landlord's name. [PL 2013, c. 250, §1 (NEW).]

2. Nonresidential customers. Each public utility shall file with the commission schedules containing its terms and conditions applicable to termination of utility services to any nonresidential customer, which terms and conditions shall be subject to the commission's power under this Title. Every public utility shall comply with its terms and conditions. The commission shall adopt rules which provide a procedure for resolution by the commission or its delegate of disputes as to whether a proposed termination by a public utility is in compliance with its terms and conditions. A public utility may not terminate service to a nonresidential customer if the commission or its delegate rules within 7 days of receipt of the request for ruling that the proposed termination is not in compliance with the utility's terms and conditions. If the rules authorize a delegate to resolve disputes, the rule shall include a procedure for appeal of the decision to the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Violation of rules. [PL 2003, c. 505, §15 (RP).]

4. Property loss suffered by a customer. Upon a finding by the District Court of a property loss suffered by a customer causally related to a willful or reckless violation by a public utility of any substantive rule adopted by the commission pursuant to the authority granted in this section, the court may order the public utility to compensate the customer for the actual loss, less any setoff for a balance found to be due the utility by the customer for unpaid utility service. That loss may not include consequential damages. No action for damages resulting from a termination that was in willful or reckless violation of the commission's rules may be commenced until at least 60 days after notice of a claim setting forth the nature of the termination and the damages suffered has been provided to the utility. That notice must be provided to the utility in writing within 30 days of the termination. [PL 2003, c. 505, §16 (AMD).]

5. Confidentiality of customer information. The following provisions apply to the confidentiality of customer information. A. Records containing the following information are confidential and are not public records for the purpose of Title 1, section 402, subsection 3 : (1) Information acquired by the consumer assistance and safety division regarding the payment and credit history and financial condition of a customer who has requested the assistance of the division; and (2) Information acquired by the consumer assistance and safety division regarding the medical condition of a customer or member of a customer's family. [PL 2015, c. 8, §6 (AMD).] B. Notwithstanding paragraph A , any person, agency or public utility directly involved in the investigation of an individual customer matter shall be given access to the information which is pertinent to the complaint. [PL 1987, c. 614, §2 (NEW).] C. Compilations of information in which the customer's identity is not disclosed are not confidential. [PL 1987, c. 614, §2 (NEW).] D. The consumer assistance and safety division shall prepare its decisions or abstracts of decisions in a manner that protects the confidentiality of customer information as provided by this subsection. Those decisions or abstracts of decisions must be available for public access. [PL 2015, c. 8, §6 (AMD).] [PL 2015, c. 8, §6 (AMD).]
35-A M.R.S. § 108-B — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 108-B
35-A §108-B. Lack of quorum; temporary appointment
Status: in_force

If the commission is unable to maintain a quorum for reasons as described in subsection 1 , the Governor shall appoint 3 alternate commissioners who may serve as temporary commissioners in accordance with this section. [PL 2013, c. 554, §1 (NEW).]

1. Selection of alternate commissioners. If 2 or more commissioners, due to a conflict of interest, disability or other reason, are unable to serve in a proceeding, which results in the commission being unable to maintain a quorum as provided under section 108‑A , the commission shall report this information to the Governor and post this information on its publicly accessible website. Once the Governor is notified of the lack of a quorum for a particular proceeding, the Governor shall appoint 3 alternate commissioners, each of whom may serve as a temporary commissioner in that particular proceeding. All appointed alternate commissioners must be retired judges or justices who are subject to review by the joint standing committee of the Legislature having jurisdiction over public utilities matters and to confirmation by the Legislature. Once the alternate commissioners are confirmed by the Legislature, the commission shall, in a transparent manner, randomly assign from the alternate commissioners one alternate commissioner to be the first alternate commissioner, one alternate commissioner to be the 2nd alternate commissioner and one alternate commissioner to be the 3rd alternate commissioner and send this information to the Governor. Following the receipt of this information, the Governor shall appoint alternate commissioners as temporary commissioners in the assigned order, until the number of temporary commissioners needed to reach a quorum is reached. If, for good cause, an alternate commissioner is unable to serve as a temporary commissioner, the Governor shall appoint the next assigned alternate as a temporary commissioner. [PL 2013, c. 554, §1 (NEW).]

2. Service for duration of proceeding. Once appointed as a temporary commissioner to serve in a proceeding, the temporary commissioner shall serve for the length of time for which there is otherwise no quorum for the proceeding. [PL 2013, c. 554, §1 (NEW).]

3. Compensation. In the event of a temporary appointment under this section, the commission shall provide administrative support to the temporary commissioner and compensate the temporary commissioner for the hours spent at the commission working on a proceeding at an hourly rate that is computed by dividing the annual salary of a commissioner, established in Title 2, section 6‑A, subsection 2 , by 2,080 hours. [PL 2013, c. 554, §1 (NEW).]

4. Authority. A temporary commissioner appointed pursuant to this section is subject to all laws applicable to and has such authority with respect to the proceeding as a commissioner. An alternate commissioner who is not appointed as a temporary commissioner has no authority with respect to any proceedings of the commission. [PL 2013, c. 554, §1 (NEW).]
35-A M.R.S. § 7223 — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7223
35-A §7223. Provider of last resort service consumer protection
Status: in_force

A service provider in accordance with rules adopted by the commission: [PL 2011, c. 623, Pt. A, §18 (NEW).]

1. Information. Shall provide customers adequate and timely information about provider of last resort service including posting in an easily discoverable location on its publicly accessible website its rate for provider of last resort service; [PL 2011, c. 623, Pt. A, §18 (NEW).]

2. Fairness. Shall treat its customers in a nondiscriminatory manner and may not unreasonably deny or disconnect provider of last resort service; and [PL 2011, c. 623, Pt. A, §18 (NEW).]

3. Consumer protection. Shall comply with minimum consumer protection standards for provider of last resort service essential to the preservation of good quality, affordable provider of last resort service throughout the State. [PL 2011, c. 623, Pt. A, §18 (NEW).]

A customer of a service provider may seek redress from the commission in accordance with any applicable provisions of this Title with respect to provider of last resort service, regardless of any other services the customer may take from the service provider. A service provider may not disconnect a provider of last resort service customer from provider of last resort service except in accordance with rules adopted by the commission. This section does not authorize the commission to regulate services other than provider of last resort service, including but not limited to discontinuance by the service provider of any other services to the customer. [PL 2011, c. 623, Pt. A, §18 (NEW).]
35-A M.R.S. § 103 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 103
35-A §103. Establishment of commission; powers and duties; seal and office
Status: in_force

1. Establishment. There is established the Public Utilities Commission which shall consist of 3 members. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Powers and duties. The commission has the following powers and duties. A. All public utilities and certain other entities as specified in this Title are subject to the jurisdiction, control and regulation of the commission and to applicable provisions of this Title. [PL 2011, c. 623, Pt. D, §3 (AMD).] B. The commission shall set the basic policies of the Public Utilities Commission and shall regulate public utilities in accordance with this Title. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. The commission shall oversee the activities of competitive electricity providers to the extent provided in this Title. [PL 2021, c. 659, §3 (AMD).] D. The commission shall oversee and manage the Emergency Services Communication Bureau established under Title 25, chapter 352 . [PL 2003, c. 359, §5 (NEW).] [PL 2021, c. 659, §3 (AMD).]

3. Seal and office. The commission shall have a seal and be provided with office space. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3407 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3407
35-A §3407. Maine Offshore Wind Renewable Energy and Economic Development Program
Status: in_force

1. Program established. The Maine Offshore Wind Renewable Energy and Economic Development Program, referred to in this section as "the program," is established to further the development and use of offshore wind power projects in the Gulf of Maine. The office, in collaboration with the commission, shall administer the program in accordance with this section and shall ensure that the program is designed to advance the greenhouse gas emissions reduction obligations and climate policies of this State under Title 38, section 576‑A and Title 38, section 577 , the renewable energy goals established in section 3210, subsection 1‑A and all applicable workforce development efforts of this State. Under the program, the office, in collaboration with the commission, shall: A. Encourage the responsible development of offshore wind power projects to stabilize energy supply prices, reduce this State's reliance on imported fossil fuels, realize direct and near-term economic benefits for the people of this State and ensure the achievement of this State's wind energy generation goal established in section 3404, subsection 2 ; [PL 2023, c. 481, §5 (NEW).] B. Support offshore wind power projects that result in long-term, family-supporting careers, including for disadvantaged populations and communities; [PL 2023, c. 481, §5 (NEW).] C. Support responsibly sited and operated offshore wind power projects that avoid or minimize and compensate for impacts to wildlife, habitat, fisheries and coastal communities in the Gulf of Maine; [PL 2023, c. 481, §5 (NEW).] D. Support efforts to increase understanding of impacts of offshore wind power projects on the marine environment and to advance research to better understand how offshore wind power projects can coexist with minimal impact to existing ocean users, wildlife, fisheries and the marine environment; [PL 2023, c. 481, §5 (NEW).] E. Promote diversity, equity and inclusion in the development of offshore wind power projects with particular consideration given to the energy and economic circumstances and opportunities in coastal and socially vulnerable communities and for the federally recognized Indian tribes in this State. For the purposes of this paragraph, "socially vulnerable communities" means those communities containing populations that are disproportionately burdened by existing social inequities or lack the capacity to withstand new or worsening burdens; [PL 2023, c. 481, §5 (NEW).] F. Support the advancement of port infrastructure, local offshore wind power-related economic development and the development of a supply chain to support the development of offshore wind power projects; [PL 2023, c. 481, §5 (NEW).] G. Support the development and deployment of innovative technologies to achieve the energy policy and economic development objectives of this State, including energy storage; [PL 2023, c. 481, §5 (NEW).] H. Support the use of Maine-based technical and engineering expertise and build on this State's leadership in offshore wind power, maritime industries and research and development; [PL 2023, c. 481, §5 (NEW).] I. Support the development of transmission infrastructure necessary for this State to expeditiously meet its renewable energy and climate goals, including advancing the development of shared or regional offshore wind power transmission infrastructure; [PL 2023, c. 481, §5 (NEW).] J. Collaborate with other states or entities when appropriate on regional issues, including, but not limited to, transmission, procurement, supply chain and workforce development and research and monitoring relating to wildlife, fisheries and the Gulf of Maine ecosystem; [PL 2023, c. 481, §5 (NEW).] K. Support responsibly sited offshore wind power projects with generation facilities located in areas outside of the area of the Gulf of Maine where the majority of lobster fishing or other significant commercial fishing occurs; [PL 2023, c. 481, §5 (NEW).] L. Coordinate the activities of state agencies that are affected by the development of offshore wind power projects, including, but not limited to, the Department of Economic and Community Development, the Department of Labor, the Department of Marine Resources, the Department of Transportation, the Department of Inland Fisheries and Wildlife and the Department of Environmental Protection; and [PL 2023, c. 481, §5 (NEW).] M. Support the development of deep-water offshore wind power projects and transmission infrastructure in the Gulf of Maine that serve the public interest by advancing the renewable energy and climate policies and economic development goals of this State and helping to reduce energy price volatility. [PL 2023, c. 481, §5 (NEW).] [PL 2023, c. 481, §5 (NEW).]

2. Federal lease stipulations. The office, in consultation with other state agencies, including, but not limited to, the Department of Marine Resources, shall advocate for the inclusion in any leases issued by a federal agency for offshore wind energy production in federal waters provisions that will: A. Support economic development, including the development of port infrastructure; [PL 2023, c. 481, §5 (NEW).] B. Promote public communications plans about the leased activity; [PL 2023, c. 481, §5 (NEW).] C. Ensure appropriate engagement with federally recognized Indian tribes in this State; [PL 2023, c. 481, §5 (NEW).] D. Include adequate transmission planning; [PL 2023, c. 481, §5 (NEW).] E. Result in access to research conducted in connection with the lease; and [PL 2023, c. 481, §5 (NEW).] F. Maximize mitigation of and compensation for impacts to coastal communities, wildlife, fisheries and the marine environment. [PL 2023, c. 481, §5 (NEW).] [PL 2023, c. 481, §5 (NEW).]
35-A M.R.S. § 3132-D — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3132-D
35-A §3132-D. Nonwires alternatives procurement
Status: in_force

When the commission determines a nonwires alternative is appropriate under section 3132 , 3132‑A or 3132‑B , the nonwires alternative must be prudently procured in accordance with this section. [PL 2023, c. 355, §13 (AMD).]

1. Behind the meter alternatives. For a nonwires alternative on the customer side of the meter, the investor-owned transmission and distribution utility shall contract with the Efficiency Maine Trust to deliver the nonwires alternative through the trust's programs. [PL 2019, c. 298, §15 (NEW).]

2. Grid-side alternatives. For a nonwires alternative on the grid side of the meter, the commission shall determine an entity, which may include but is not limited to the investor-owned transmission and distribution utility or a 3rd party, to deliver the nonwires alternative and shall make orders as necessary. [PL 2023, c. 355, §14 (AMD).]

An investor-owned transmission and distribution utility's prudently incurred costs to deliver nonwires alternatives directly or under contract with the Efficiency Maine Trust or a 3rd party are recoverable in rates. For purposes of this section, prudently incurred costs do not include a financial or performance incentive for the utility. [PL 2019, c. 298, §15 (NEW).]
35-A M.R.S. § 508 — ME Code / Title 35-A / Part 1 / Chapter 5 / Section 508
35-A §508. Telephone utilities
Status: in_force

The provisions of this chapter do not apply to a telephone utility other than a provider of provider of last resort service with respect to its provider of last resort service accounts. The commission may not require a provider of provider of last resort service to keep its accounts in a manner that is substantially different from federal accounting standards applicable to telecommunications companies under 47 Code of Federal Regulations, Part 32 or any replacement accounting standards adopted by the Federal Communications Commission. [PL 2011, c. 623, Pt. A, §10 (NEW).]
35-A M.R.S. § 4510 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4510
35-A §4510. Submission of plans to commission
Status: in_force

Not less than 30 days before the solicitation of bids for construction or installation or, if bids are not solicited, not less than 30 days before actual construction or installation, the natural gas pipeline utility shall submit to the commission information concerning the engineering design of its pipeline and the standards of construction which it proposes to follow and any other information the commission determines necessary, so that it may determine whether the public safety and the safety of the utility's employees are being protected. If the commission finds that any part of the engineering design does not conform to the minimum standards of the American Standard Code of Pressure Piping, promulgated by the American Standards Association of New York, or that the condition of any part of the equipment or the manner of operating it are dangerous to the public safety or the employees' safety, it shall make an order to remedy the nonconformity or dangerous condition and furnish a copy of the order to the utility. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4376 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4376
35-A §4376. Commission and other agency action if certification not granted
Status: in_force

If the conditions of section 4374 have not been met, the commission may continue to receive and process applications for certification, but may not certify a nuclear power plant. Any other governmental entity which grants necessary permits, licenses, approvals or authorizations for construction of a nuclear power plant may process and grant those permits, licenses, approvals or authorizations, subject to the commission's granting of certification under this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 758 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 758
35-A §758. Precautionary safety arrangements
Status: in_force

1. Precautionary safety arrangements. Installation or performance of precautionary safety arrangements must be performed by the owner or operator of overhead high-voltage lines only after mutually satisfactory arrangements are negotiated between the owner or the operator of the overhead high-voltage lines and the person responsible for the work or activity to be done. The negotiations must proceed promptly and in good faith with the goal of accommodating the work or activity consistent with the owner's or operator's service needs and the intent to protect the public from the danger of contact with overhead high-voltage lines. [PL 1995, c. 348, §1 (NEW).]

2. Appropriate for work. The precautionary safety measures must be appropriate for the work or activity for which the owner or operator of overhead high-voltage lines has received notification. During negotiations, the person responsible for the work or activity may change the notification of intended activities to include different or limited work or activities so as to reduce the precautionary safety measures required to accommodate the work or activities. The precautionary safety measures may not violate the requirements of the National Electrical Safety Code. [PL 1995, c. 348, §1 (NEW).]

3. Agreement for payment. Agreements for payments of the costs of precautionary safety measures are governed by the following provisions. A. If the owner or operator of the overhead high-voltage line has standard rates that apply to the provision of precautionary safety arrangements, the owner or operator of the overhead high-voltage line is not required to provide precautionary safety measures until payment has been made by the person requesting the safety measures or an agreement for payment has been reached. [PL 1995, c. 348, §1 (NEW).] B. If the owner or operator of the overhead high-voltage line does not have standard rates, the owner or operator of the overhead high-voltage lines is not required to provide the precautionary safety arrangements until an agreement for payment has been made, except that, if there is a dispute over the amount to be charged by the owner or operator of the overhead high-voltage lines for providing the arrangements, the owner or operator shall commence providing precautionary safety measures as if an agreement had been reached. If an agreement for payment has not been reached within 14 days from the completion of precautionary safety measures, the owner or operator and the person or business entity responsible for the work activities shall resolve the dispute by arbitration or other legal means. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]

4. Initiate; timely fashion. Unless otherwise agreed, the owner or operator of the overhead high-voltage lines shall initiate the agreed upon precautionary safety arrangements within 3 working days after the date of agreement for payment, if required, has been reached or within 5 working days of notice that the work activity is being done without an agreement. Once initiated, the owner or operator of the overhead high-voltage lines shall complete the work promptly and without interruption, consistent with the owner's or operator's service needs. If the owner or operator of the overhead high-voltage lines fails to provide the agreed upon precautionary safety arrangements within the period agreed upon, the owner or operator of the overhead high-voltage lines is liable for costs or loss of production of the person or business entity requesting the precautionary safety arrangements in order to work in proximity to overhead high-voltage lines, except that no liability exists during times of emergency, such as storm repair. [PL 1995, c. 348, §1 (NEW).]

5. Inclusion. Precautionary safety arrangements may include: A. Placement of temporary mechanical barriers separating and preventing contact between material, equipment or persons and overhead high-voltage lines; [PL 1995, c. 348, §1 (NEW).] B. Temporary de-energization and grounding; [PL 1995, c. 348, §1 (NEW).] C. Temporary relocation or raising of the overhead high-voltage lines; or [PL 1995, c. 348, §1 (NEW).] D. Any other measures that are appropriate in the judgment of the owner or operator of the overhead high-voltage lines. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]

6. Expense. The actual expense incurred by an owner or operator of overhead high-voltage lines in taking precautionary measures, including wages of its workers involved in making safety arrangements, must be paid by the person responsible for the work or activity to be done except when: A. Prior arrangements for payment are made between a government entity for whom the work is to be done and the owner or operator of the overhead high-voltage line; or [PL 1995, c. 348, §1 (NEW).] B. The owner or operator of the overhead high-voltage line has not installed the overhead high-voltage line in conformance with the applicable edition of the National Electrical Safety Code. If the overhead high-voltage line is not installed in conformance with the applicable edition of the National Electrical Safety Code, the liability of the person responsible for the work or activity is limited to the amount required to accommodate the work or activity minus the amount required to bring the installation into compliance with the National Electrical Safety Code. [PL 1995, c. 348, §1 (NEW).] [PL 1995, c. 348, §1 (NEW).]
35-A M.R.S. § 3734 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3734
35-A §3734. Members
Status: in_force

1. Incorporators are members. Each incorporator of a cooperative is a member of the cooperative, but no other person may become a member unless that person agrees to use transmission and distribution service or other services furnished by the cooperative when they are made available through its facilities. [PL 1999, c. 398, Pt. A, §89 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Requirements of membership. Any member of a cooperative who agrees to use transmission and distribution service ceases to be a member if that member does not use transmission and distribution service supplied by the cooperative within 6 months after it is made available or if transmission and distribution service is not made available by the cooperative within 2 years after the member becomes a member or such lesser period as the bylaws of the cooperative may provide. [PL 1999, c. 398, Pt. A, §89 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Joint membership. A husband and wife may hold a joint membership in a cooperative. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Membership not transferable. Membership in a cooperative is not transferable, except as provided in the bylaws. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Additional qualifications. The bylaws may prescribe additional qualifications and limitations in respect to membership. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3209 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3209
35-A §3209. Rate design
Status: in_force

The commission shall set charges and rates collected by transmission and distribution utilities in accordance with this section. [PL 1997, c. 316, §3 (NEW).]

1. Applicable law. The design of rate recovery for the collection of transmission and distribution costs, stranded costs and other costs recovered pursuant to this chapter must be consistent with existing law, as applicable. The commission may continue to permit recovery, in transmission and distribution utility rates, of costs previously incurred by the utility when it was an integrated electric utility that are not included in the recovery of stranded costs pursuant to section 3208 . [PL 1997, c. 316, §3 (NEW).]

1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Beneficial electrification" has the same meaning as in section 10102, subsection 3‑A . [PL 2025, c. 391, §1 (NEW).] B. "Intermediate commercial customer" means a nonresidential customer that meets the availability criteria to take service under a core customer class of a transmission and distribution utility that includes a demand charge and that is not classified as a medium commercial customer or a large commercial customer. [PL 2025, c. 391, §1 (NEW).] C. "Large commercial customer" means a nonresidential customer that meets the availability criteria to take service under a core customer class of a transmission and distribution utility in which a customer takes electrical service from the utility at a subtransmission or transmission voltage or in which a customer has a maximum demand of at least 500 kilowatts as defined under the terms and conditions of the transmission and distribution utility. [PL 2025, c. 391, §1 (NEW).] D. "Lighting customer" means a nonresidential customer whose account for electricity service is limited to street or area lighting. [PL 2025, c. 391, §1 (NEW).] E. "Medium commercial customer" has the same meaning as in section 3106, subsection 1, paragraph B . [PL 2025, c. 391, §1 (NEW).] F. "Post-restructuring stranded costs" means costs allocated to a transmission and distribution utility pursuant to section 3209‑C, subsection 2, paragraph B and pursuant to section 3210‑F, subsection 3 . [PL 2025, c. 391, §1 (NEW).] G. "Residential customer" has the same meaning as in section 3106, subsection 1, paragraph C . [PL 2025, c. 391, §1 (NEW).] H. "Small commercial customer" has the same meaning as in section 3106, subsection 1, paragraph D . [PL 2025, c. 391, §1 (NEW).] [PL 2025, c. 391, §1 (NEW).]

2. Proceeding. Following notice and hearing, the commission shall complete an adjudicatory proceeding on or before December 1, 1999 for the design of cost recovery for transmission and distribution costs, stranded costs and other costs recovered pursuant to this chapter and for the design of rates for backup or standby service. [PL 1999, c. 398, Pt. L, §2 (AMD).]

3. Exit fees. A customer who significantly reduces or eliminates consumption of electricity due to self-generation, conversion to an alternative fuel or demand-side management may not be assessed an exit or reentry fee in any form for the reduction or elimination of consumption or reestablishment of service with a transmission and distribution utility. [PL 1997, c. 316, §3 (NEW).]

4. Decommissioning costs. As required by federal law, rule or order, the commission shall include in the rates of a transmission and distribution utility decommissioning expenses associated with a nuclear unit. [PL 1997, c. 316, §3 (NEW).]

5. Post-restructuring stranded costs. No later than October 1, 2025, each investor-owned transmission and distribution utility shall recover post-restructuring stranded costs in accordance with the rate design established by the commission in accordance with this subsection. For investor-owned transmission and distribution utility rates applicable prior to July 1, 2028, the commission shall establish a rate design for each investor-owned transmission and distribution utility in the State for the recovery of post-restructuring stranded costs that: A. Aggregates the customers of investor-owned transmission and distribution utilities in the State on a statewide basis into groups of large commercial customers, medium commercial customers, intermediate commercial customers, small commercial customers, lighting customers and residential customers; [PL 2025, c. 391, §2 (NEW).] B. Notwithstanding section 3209‑C, subsection 2, paragraph B and section 3210‑F, subsection 3 , allocates the combined post-restructuring stranded costs, as determined by the commission, for investor-owned transmission and distribution utilities in the State to each customer class group described in paragraph A , based on each group's pro rata share of statewide post-restructuring stranded costs based on total retail kilowatt-hour energy sales to those customers; [PL 2025, c. 391, §2 (NEW).] C. For any rate design established by the commission to apply after September 30, 2025 and before July 1, 2028, increases the cost allocation to residential customers, small commercial customers and medium commercial customer groups as calculated in accordance with paragraph B by 10% and reduces the cost allocation to the large commercial customer class group by an equal dollar amount; and [PL 2025, c. 391, §2 (NEW).] D. Requires each investor-owned transmission and distribution utility, prior to October 1, 2025, to calculate its post-restructuring stranded cost rates, including any annual reconciliation of costs, by applying a rate design that: (1) For residential customers and small commercial customers, is recovered 100% through a fixed monthly charge; (2) For medium commercial customers, is recovered 50% through a fixed monthly charge and 50% through a volumetric per kilowatt-hour charge; (3) For intermediate commercial customers and large commercial customers, is recovered 85% through a fixed monthly charge and 15% through a volumetric per kilowatt-hour charge; and (4) For lighting customers, is recovered 100% through a volumetric per kilowatt-hour charge. [PL 2025, c. 391, §2 (NEW).] [PL 2025, c. 391, §2 (NEW).]

6. Post-restructuring stranded cost allocation; rate design. For post-restructuring stranded cost allocations and rate designs applicable on or after July 1, 2028, the commission shall by order establish such cost allocations and rate designs applicable for the following 3-year period, subject to annual and other necessary reconciliations, and ensure the promotion of beneficial electrification in every customer class. [PL 2025, c. 391, §3 (NEW).]
35-A M.R.S. § 3210-K — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-K
35-A §3210-K. Renewable energy procurement; repowering and continued maintenance of existing resources
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 eligible Class IA resources in accordance with this section. [PL 2025, c. 392, §7 (NEW).]

1. Definition. As used in this section, "eligible Class IA resource" means a Class IA resource as defined in section 3210, subsection 2, paragraph A‑3 that began commercial operation on or before June 30, 2019. [PL 2025, c. 392, §7 (NEW).]

2. Competitive procurement. The commission shall conduct one competitive solicitation in order to select eligible Class IA resources for contracts under this section. The commission shall initiate the competitive solicitation by December 31, 2025. A. Through a competitive solicitation under this section, the commission shall procure an amount of energy or renewable energy credits or a combination of energy and renewable energy credits from eligible Class IA resources that is equal to 5% of the retail electricity sales in this State for the period from January 1, 2023 to December 31, 2023, as determined by the commission. [PL 2025, c. 392, §7 (NEW).] B. In conducting the solicitation and selecting eligible Class IA resources for contracts under this section, the commission shall consider the benefits to ratepayers and to the economy as set forth in section 3210‑G, subsection 1, paragraph C , subparagraph (2) and must determine that the contract award is more likely than not to produce benefits to ratepayers that exceed costs to ratepayers in the State. [PL 2025, c. 392, §7 (NEW).] C. If the commission concludes that the solicitation is not competitive or, following a review of bids received, that approval of a contract or contracts is not in the public interest, the commission must make a determination not to award a contract. [PL 2025, c. 392, §7 (NEW).] [PL 2025, c. 392, §7 (NEW).]

3. Contract requirements. A contract entered into pursuant to this section must: A. Be for a term of 10 years unless the commission finds a contract for a longer term to be prudent; and [PL 2025, c. 392, §7 (NEW).] B. Require that payments to the bidder under the contract be reduced by the stranded costs arising from energy produced during negative price intervals. [PL 2025, c. 392, §7 (NEW).] [PL 2025, c. 392, §7 (NEW).]
35-A M.R.S. § 4138 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4138
35-A §4138. Construction contracts
Status: in_force

The agency may contract for the planning, acquisition, construction, operation, maintenance, repair, extension and improvement of any project or may contract with other public or private owners of any project to perform these functions without preparing final plans and specifications in advance of construction or securing performance and payment bonds, except to the extent that the directors determine that these actions are desirable in furtherance of the purposes of this chapter. Except as otherwise provided by this section, no contract may be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. The agency shall adopt a procedure for awarding contracts relating to a project 50% or more of which is owned by the agency, which procedure may not be inconsistent with that of the State established in Title 5, chapters 153 and 155 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 756 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 756
35-A §756. Warning signs
Status: in_force

A person may not, individually or through an agent or employee or as an agent or employee, operate covered equipment in the proximity of an overhead high-voltage line unless there are posted and maintained warning signs as follows: [PL 1995, c. 348, §1 (NEW).]

1. In covered equipment. A sign must be located in the covered equipment and readily visible and legible to the operator of the covered equipment when at the controls of the covered equipment; and [PL 1995, c. 348, §1 (NEW).]

2. Outside covered equipment. Signs must be located on the outside of covered equipment in numbers and locations that are readily visible and legible at a distance of 12 feet by people engaged in the work operations. [PL 1995, c. 348, §1 (NEW).]
35-A M.R.S. § 10157 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10157
35-A §10157. Property owners
Status: in_force

1. Purchase of goods and services. A property owner who has entered into a PACE agreement under this chapter may purchase directly all goods and services for the energy savings improvements described in the PACE agreement, subject to vendor certification by the trust and other requirements of the trust. Goods and services purchased by a property owner for the energy savings improvements under a PACE agreement are not subject to any public procurement ordinance or statute. [PL 2009, c. 591, §1 (NEW).]

2. Rights; carbon emissions reductions. Property owners retain all rights under contract or law against parties other than the municipality or the trust with respect to energy savings improvements financed through PACE agreements, except that all rights related to carbon emissions reductions resulting from those improvements are deemed to be assigned by the property owner to the trust and are held by the trust. [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 4374 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4374
35-A §4374. Conditions for certification of nuclear power plants
Status: in_force

The commission may certify a nuclear power plant if it finds that: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Federal Government identification and approval of technology. The Federal Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high-level nuclear waste; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Waste storage facilities operational. Specific facilities with adequate capacity to contain high-level nuclear waste are in actual operation, or will be in operation, at the time the nuclear power plant being certified requires the means for the disposal of high-level nuclear waste; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Proposal for disposal is in conformity. The disposal of high-level nuclear waste proposed for any nuclear power plant to be certified according to this subchapter is in full conformity with the technology approved by the authorized agency of the Federal Government. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 7303-A — ME Code / Title 35-A / Part 7 / Chapter 73 / Section 7303-A
35-A §7303-A. Basic service calling areas
Status: in_force

1. Petition. Upon written petition of 50 or more customers of a local exchange carrier who receive local, flat-rate, basic service within no more than a single exchange area, the commission shall open a proceeding to investigate expanding that basic service calling area. The commission shall hold at least one public hearing. The commission, within 6 months of the filing of the written petition, shall issue an order that must either expand the basic service calling area or state the commission's reasons for refusing to expand the basic service calling area. If the commission expands the basic service calling area pursuant to this subsection, the commission may allow a carrier affected by the expansion to recover, to the extent reasonable, its costs, including lost revenues, attributable to the expansion. [PL 2001, c. 106, §1 (NEW).]

2. Rules; limitation on petitions. No later than 30 days after the effective date of this subsection, the commission shall by rule establish standards for expanding single-exchange basic service calling areas pursuant to this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . A petition may not be filed with or accepted by the commission pursuant to subsection 1 prior to 30 days after the effective date of this subsection. [PL 2001, c. 106, §1 (NEW).]
35-A M.R.S. § 3605 — ME Code / Title 35-A / Part 3 / Chapter 36 / Section 3605
35-A §3605. Renewable energy credit multiplier
Status: in_force

The renewable energy credit multiplier is governed by this section. The value of a renewable energy credit for electricity generated by a program participant that elects the renewable energy credit multiplier under section 3603, subsection 4, paragraph B is 150% of the amount of the electricity. When a program participant elects the renewable energy credit multiplier, the multiplier must be accounted for when renewable energy credits are used to satisfy the portfolio requirements of section 3210, subsections 3 and 3‑A . [PL 2009, c. 329, Pt. A, §4 (NEW).]
35-A M.R.S. § 10152 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10152
35-A §10152. Declaration of public purpose
Status: in_force

It is declared that the establishment and implementation of property assessed clean energy, or PACE, programs to finance energy savings improvements are public purposes. [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 6501 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6501
35-A §6501. Rights of parties as to procedure
Status: in_force

1. Locations and damages. All locations made and all damages assessed for the taking of property by the exercise of the right of eminent domain shall be made and assessed and the rights of the parties shall be as stated in this chapter, notwithstanding anything contained in the act granting the right. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Water utilities may exercise right of eminent domain. Water utilities may exercise the right of eminent domain for obtaining sources of supply and locations for storage and for the protection of them and locations for transmission and distribution of water to the public under this chapter and chapter 69 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Exceptions. Except as otherwise provided by law, this chapter does not apply to: A. Property taken by the United States, the State of Maine, a county or municipality of the State, a quasi-municipal corporation or steam railroad corporation; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Property which, when taken, is being or is necessary to be used by the owner in the performance of a public duty. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 2001, c. 608, §5 (AMD).]
35-A M.R.S. § 4511 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4511
35-A §4511. Submission of map to commission
Status: in_force

A natural gas pipeline utility, as soon as it has definitely established a route, but in any event not less than 30 days before the commencement of actual construction or installation, shall submit to the commission and to the governing body of each municipality through which it is proposed that the route shall pass, for their information, a map approved as to form by the commission that clearly sets forth the proposed route. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 9203 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9203
35-A §9203. ConnectMaine Authority
Status: in_force

1. Establishment; membership. The ConnectMaine Authority is established to further the goals and policies in section 9202‑A . The authority is created as a body corporate and politic and a public instrumentality of the State. The exercise by the authority of powers conferred by this chapter is considered to be the performance of essential governmental functions. The authority consists of the following 7 voting members: A. The chair of the Public Utilities Commission or the chair's designee; [PL 2005, c. 665, §3 (NEW).] B. The Chief Information Officer of the State or the officer's designee; [PL 2015, c. 284, §4 (AMD).] C. One representative of consumers, appointed by the Governor; [PL 2015, c. 284, §4 (AMD).] D. Two members with significant knowledge of communications technology, appointed by the Governor; [PL 2015, c. 284, §4 (AMD).] E. The Commissioner of Economic and Community Development or the commissioner's designee; and [PL 2015, c. 284, §4 (NEW).] F. One member with significant knowledge of telehealth as defined in Title 24‑A, section 4316, subsection 1, appointed by the Governor. [PL 2021, c. 293, Pt. B, §10 (AMD).] Compensation of members is as provided in Title 5, section 12004‑G, subsection 33‑F . [PL 2021, c. 293, Pt. B, §10 (AMD).]

2. Terms; chair; vacancies. All members are appointed for 3-year terms. The Governor shall appoint a chair from among the 4 members appointed by the Governor. In the event of a vacancy in the membership, the Governor shall appoint a replacement member for the remainder of that vacated term. Each member of the authority serves until that member's successor is appointed and qualified. Any member of the authority is eligible for reappointment. [PL 2015, c. 284, §4 (AMD).]

3. Officers; quorum. The authority may elect a secretary and a treasurer, who may, but need not, be members of the authority. Four members of the authority constitute a quorum, and the affirmative vote of 4 members is necessary for any action taken by the authority. [PL 2015, c. 284, §4 (AMD).]

4. Participation by members. A member may participate in a meeting of the authority and place a vote electronically or telephonically as long as members of the public have an opportunity to listen to the deliberations of the authority and otherwise participate in or observe the proceedings of the authority consistent with Title 1, section 405 . [PL 2005, c. 665, §3 (NEW).]

5. Indemnification. Each member of the authority must be indemnified by the authority against expenses actually and necessarily incurred by the member in connection with the defense of any action or proceeding in which the member is made a party by reason of being or having been a member of the authority and against any final judgment rendered against the member in that action or proceeding. [PL 2005, c. 665, §3 (NEW).]

6. Staff. [PL 2015, c. 284, §5 (RP).]

7. Staff; central broadband planning board. The Department of Economic and Community Development shall provide staff for the authority. That staff shall serve as the central broadband planning board for the State and shall support the authority in accordance with the provisions of this chapter. [PL 2019, c. 343, Pt. QQ, §2 (NEW).]
35-A M.R.S. § 2305-B — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2305-B
35-A §2305-B. Construction of transmission and distribution lines
Status: in_force

1. Transmission and distribution utilities; microgrids. A transmission and distribution utility or a person that constructs, maintains or operates a new microgrid approved in accordance with section 3351, subsection 3 may construct and maintain its lines in, upon, along, over, across or under the roads and streets in any municipality in which it is authorized to supply electricity, subject to the conditions and restrictions provided in this chapter and chapter 25 . [PL 2021, c. 236, §3 (AMD).]

2. Persons other than transmission and distribution utilities or person that constructs, maintains or operates new microgrid. A person other than a transmission and distribution utility or person that constructs, maintains or operates a new microgrid approved in accordance with section 3351, subsection 3 may not construct or maintain electric lines, including poles or other related structures, in, upon, along, over, across or under a road, street or other public way unless: A. The person satisfies the requirements of section 2503 ; [PL 2001, c. 110, §2 (NEW).] B. The person or the person's contractor hired to construct the line provides to the applicable licensing authority a performance bond: (1) In the amount of the value of the line, including poles or other related structures, to be located in the public way; and (2) That is enforceable for one year from the date the line is energized; [PL 2001, c. 110, §2 (NEW).] C. Prior to constructing the line, the person notifies the transmission and distribution utility in whose service territory the line is proposed to be built of the proposed location of the line; and [PL 2001, c. 110, §2 (NEW).] D. If a public utility objects to the line on the basis that it may constitute a duplication of existing transmission or distribution facilities or may interfere with the adequate and safe delivery of electricity to others, the commission issues a finding that the line is not a duplication of existing transmission or distribution facilities and does not interfere with the adequate and safe delivery of electricity to others. A finding is not required under this paragraph unless a public utility has objected in writing to the applicable licensing authority. [PL 2001, c. 110, §2 (NEW).] [PL 2021, c. 236, §4 (AMD).]

3. Recording. A public utility that enters into any written agreement with the owner of a facility with regard to that facility shall record that agreement in the registry of deeds in the county in which the facility is placed. [PL 2001, c. 110, §2 (NEW).]

4. Maintenance. The owner of a line located in, upon, along, over, across or under a road, street or other public way is responsible for properly maintaining the line and complying with lawful directives of the applicable licensing authority. If the owner of a line fails to maintain a line properly or to comply with directives of the applicable licensing authority and the applicable licensing authority incurs any expense in maintaining the line or pays any damages as a result of the owner's failure to maintain the line properly or to comply with the directives of the licensing authority, the licensing authority may assess the owner of the line the amount of those actual costs. The assessment must be in writing and must specify the amount of the assessment, the basis for the assessment and that a lien will be created on the real estate of the owner of the line if the assessment is not paid within 90 days. If the owner of the line does not pay the assessment within 90 days, a lien is created on the real estate of the owner of the line situated in the municipality to secure the payment of actual costs incurred by the applicable licensing authority. This lien may be treated and enforced in the same manner as a tax lien under Title 36, chapter 105, subchapter IX, article 2 . In addition to any other available remedies, a person aggrieved by a lien imposed or enforced by a licensing authority under this subsection may bring an action in Superior Court for a determination of the validity of the lien. [PL 2001, c. 110, §2 (NEW).]

5. Energizing lines. A transmission and distribution utility may not deliver electricity over any line in, upon, along or under a road, street or other public way if the lines or related structures were constructed by a person other than a transmission and distribution utility unless the transmission and distribution utility is provided with certified copies of applicable permits required under section 2503 . A transmission and distribution utility may not refuse to deliver electricity over a line if: A. The owner of the line reimburses the transmission and distribution utility for the cost of connecting the line to the utility's system; and [PL 2001, c. 110, §2 (NEW).] B. The line meets the transmission and distribution utility's standards, provided those standards are no different from the standards the utility applies to its own lines. [PL 2001, c. 110, §2 (NEW).] [PL 2001, c. 110, §2 (NEW).]
35-A M.R.S. § 3144 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3144
35-A §3144. Emergency response plans
Status: in_force

The commission, by rule or order, shall require each investor-owned transmission and distribution utility to establish an emergency response plan for recovery and restoration in response to an emergency in accordance with this section. The plan must be based on the United States Department of Homeland Security, Federal Emergency Management Agency's National Incident Management System publication, issued on October 17, 2017, or an updated version published subsequent to that date. For the purposes of this section, "emergency" means an event in which widespread outages have occurred in the service territory of the investor-owned transmission and distribution utility due to weather events or other causes beyond the control of the utility. [PL 2019, c. 120, §1 (NEW).]

1. Priorities. The prioritization process under the emergency response plan required by this section must follow the statewide comprehensive emergency management plan under Title 37‑B, chapter 13 in coordination with the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency, as established in Title 37‑B, section 701 , and county emergency management agencies and must include consideration of steps to ensure the safety of electric facilities, road opening and service restoration. Priorities for service restoration must consider facilities critical to protection of life, health and safety. [PL 2019, c. 120, §1 (NEW).]

2. Plan requirements. The emergency response plan required by this section must detail a coordinated approach to providing an effective and efficient emergency response. The plan must include, but is not limited to: A. Priorities for emergency response and service restoration, consistent with subsection 1 ; [PL 2019, c. 120, §1 (NEW).] B. Provisions for internal and external staffing, including identification of management staff roles and responsibilities and identification of field employee roles and responsibilities, for utility operations during an emergency, for ensuring sufficient local knowledge of the system and for implementation of the emergency response plan, including a process for acquiring additional external resources required to address the emergency; [PL 2019, c. 120, §1 (NEW).] C. Provisions for communication and coordination with the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency, as established in Title 37‑B, section 701 , and relevant municipal, interjurisdictional, county and regional emergency management agencies, as described in Title 37‑B, section 781 , during an emergency, including designation of staff responsible for these efforts. These provisions must address, but are not limited to, communication and coordination concerning emergency conditions, road opening and service restoration; [PL 2019, c. 120, §1 (NEW).] D. Systems for customer communications during an emergency, including the provision for information regarding estimated time of service restoration; [PL 2019, c. 120, §1 (NEW).] E. Procedures for deployment of internal and external resources during an emergency, including field employees, supplies and equipment needed; [PL 2025, c. 36, §1 (AMD).] F. Provisions to ensure the safety of the employees and external contractors engaged in emergency response efforts; and [PL 2025, c. 36, §2 (AMD).] G. Procedures for the identification of and outreach plans regarding customers who have a documented need of electricity for essential medical equipment, including an apnea monitor for an infant, a cuirass respirator, a hemodialysis machine, an intravenous feeding machine, an intravenous infusion machine, an oxygen concentrator, a positive-pressure respirator, a respirator or ventilator, a rocking bed respirator, an aspirator, a tank-type respirator or any other medical equipment necessary for an individual whose medical condition is likely to be significantly triggered or exacerbated by a continued loss of electricity in a way that will adversely impact that individual's health. [PL 2025, c. 36, §3 (NEW).] [PL 2025, c. 36, §§1-3 (AMD).]

3. Filing of plan; commission review; public records exception. An investor-owned transmission and distribution utility shall submit to the commission, no later than May 15th of each even-numbered year, the emergency response plan required by this section. The commission shall review the emergency response plan for compliance with this section and rules adopted or orders issued pursuant to this section. If, based on its review, the commission finds that a utility's emergency response plan does not comply with this section and rules adopted or orders issued pursuant to this section, the commission shall direct the utility to amend and resubmit the plan. An investor-owned transmission and distribution utility shall provide a copy of the emergency response plan and any amendments to the plan to the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency. The Maine Emergency Management Agency shall provide a copy of the plan to each county emergency management agency. In accordance with section 1311‑A , the commission may designate portions of the emergency response plan as confidential through issuance of a protective order. [PL 2019, c. 120, §1 (NEW).]

4. Emergency response performance review. After an emergency, the commission may open an investigation to review the emergency response performance of an investor-owned transmission and distribution utility. If, after investigation, the commission finds that the utility failed to implement its emergency response plan in a prudent manner, the commission shall take any action the commission determines appropriate under this Title to remedy that failure, including but not limited to denying the recovery through rates of all, or any part of, the emergency response and service restoration costs. [PL 2019, c. 120, §1 (NEW).]

5. Annual report to Legislature. The commission shall include in its annual report pursuant to section 120, subsection 7 to the joint standing committee of the Legislature having jurisdiction over public utilities matters information regarding the activities conducted by the commission pursuant to this section and the performance of investor-owned transmission and distribution utilities in meeting the requirements of this section. [PL 2019, c. 120, §1 (NEW).]
35-A M.R.S. § 10302 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10302
35-A §10302. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2025, c. 476, Pt. A, §16 (NEW).]

1. Commissioner. "Commissioner" means the Commissioner of Energy Resources. [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Department. "Department" means the Department of Energy Resources. [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 3738 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3738
35-A §3738. Districts
Status: in_force

The bylaws may provide for the division of the territory served or to be served by a cooperative into 2 or more districts for any purpose, including, without limitation, the nomination and election of trustees and the election and functioning of district delegates. In such case, the bylaws shall prescribe the boundaries of the districts or the manner of establishing the boundaries, or the manner of changing the boundaries, and the manner in which the districts shall function. No member at any district meeting and no district delegate at any meeting may vote by proxy or by mail. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 909 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 909
35-A §909. Stock for organization purposes
Status: in_force

Any public utility corporation at the time of its organization may issue for organization purposes, without the consent of the commission, not more than 6 shares of stock at par for cash or, if non-par stock, for the consideration of $100 per share, these shares when issued to be a part of the total capital issue. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4137 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4137
35-A §4137. Powers of municipalities and cooperatives
Status: in_force

By resolution of its governing body, a municipality or cooperative may: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Director. Appoint a director to the board in accordance with section 4131 ; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Contracts. Contract with the agency for the generation, manufacture, purchase, sale, exchange, distribution or transmission of electricity and other services on such terms and for such period of time as the resolution may provide; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Appropriation. Appropriate or provide revenues and other money derived by them from their electric departments or systems or, in the case of those municipalities having combined electric, water, sewer and other utility systems, the revenues derived from such combined systems under any contract with the agency; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Other contracts. Make and execute all contracts, agreements and other instruments, and perform all acts necessary and convenient or desirable to carry out the purposes of this chapter or the powers expressly granted or necessarily implied in this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]