35-A M.R.S. § 1702 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1702
35-A §1702. Duties
Status: in_force

The duties and responsibilities of the Public Advocate are to represent the using and consuming public in matters within the jurisdiction of the commission, including, but not limited, to the following: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Review and recommendations. The Public Advocate may review, investigate and make appropriate recommendations to the commission or the Legislature with respect to: A. The reasonableness of rates charged or proposed to be charged by any public utility; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The reasonableness and adequacy of the service or the terms and conditions of such service furnished or proposed to be furnished by any public utility, standard-offer service provider or competitive electricity provider; [PL 2025, c. 123, §1 (AMD).] C. Any proposal by a public utility to reduce or abandon service to the public; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. The issuance of certificates of public convenience and necessity. Recommendations may include alternative analyses and plans as necessary; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. Terms and conditions of public utilities; [PL 1987, c. 141, Pt. A, §6 (NEW).] F. Mergers and consolidations of public utilities; [PL 1987, c. 141, Pt. A, §6 (NEW).] G. Contracts of public utilities with affiliates or subsidiaries; and [PL 1987, c. 141, Pt. A, §6 (NEW).] H. Securities, regulations and transactions of public utilities. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 2025, c. 123, §1 (AMD).]

2. Intervention. The Public Advocate may intervene in any proceeding before the commission related to the activities under subsection 1 , when determined necessary by the Public Advocate. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Petition to initiate proceedings. The Public Advocate may petition the commission to initiate proceedings to review, investigate and take appropriate action with respect to the rates or service of any public utility or competitive electricity provider when determined necessary by the Public Advocate. [PL 2021, c. 659, §14 (AMD).]

4. Public complaints. The Public Advocate may investigate complaints affecting the using and consuming public generally, or particular groups, of consumers and, where appropriate, make recommendations to the commission with respect to these complaints. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Intervention on behalf of public. The Public Advocate may, on behalf of the using and consuming public, or any particular group of consumers, petition to initiate, or intervene and appear in, any proceedings before the commission, appeals from orders of the commission, or proceedings before state and federal agencies and courts in which the subject matter of the action affects the customers of any utility or competitive electricity provider doing business in this State. [PL 2021, c. 659, §15 (AMD).]

6. Annual report. The Public Advocate shall prepare and submit an annual report of activities of the Public Advocate to the Governor and to the joint standing committee of the Legislature having jurisdiction over public utilities matters by September 1st of each year, with copies available to all legislators on request. A. Beginning in 2022, the annual report must include, for each category of public utility listed in section 116, subsection 1 , an accounting of: (1) The portion of the Public Advocate's resources devoted to matters related to investor-owned utilities and the portion of resources devoted to matters related to consumer-owned utilities; and (2) The Public Advocate's expenses per dollar of intrastate gross operating revenue for investor-owned utilities and for consumer-owned utilities. [PL 2021, c. 318, §8 (NEW).] [PL 2021, c. 318, §8 (AMD).]

7. Assist customers of consumer-owned transmission and distribution utilities. The Public Advocate shall assist customers of consumer-owned transmission and distribution utilities in reviewing proposed rate increases and preparing questions and testimony for public hearings and, on request of a customer and when determined necessary by the Public Advocate, intervene in the proceedings conducted in accordance with chapter 35 . [PL 1999, c. 398, Pt. A, §27 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

8. Represent interests of retail customers on regional bodies. The Public Advocate, when the Public Advocate determines it necessary, may serve as a voting member of any regional body whose decisions directly affect the prices or quality of utility services in the State, as long as that service is limited to a seat that is designated for the representation of consumer interests. Service as a voting member of a regional body in accordance with this subsection does not create or constitute a conflict of interest pursuant to section 1709 . [PL 2001, c. 27, §1 (NEW).]

9. Other advocacy forums. The Public Advocate, consistent with the priorities established in section 1702‑A and the requirements of this chapter, may represent and promote the interests of the using and consuming public: A. In appropriate proceedings of the Legislature; and [PL 2011, c. 79, §2 (NEW).] B. In regional or national forums, including but not limited to any proceeding of an independent system operator or the Federal Energy Regulatory Commission. [PL 2011, c. 79, §2 (NEW).] [PL 2011, c. 79, §2 (NEW).]

10. Independent representation of the interests of the using and consuming public. The Public Advocate, when taking a position on any matter in any proceeding or forum pursuant to the Public Advocate's authority under this chapter, shall exercise independent judgment to ensure the position: A. Is consistent with the priorities established in section 1702‑A and the requirements of this chapter; [PL 2025, c. 118, §1 (AMD).] B. Promotes stabilization and lowering of prices paid by those members of the using and consuming public whose interests the Public Advocate is representing; and [PL 2025, c. 118, §1 (AMD).] C. Is consistent with the cost-effective implementation for ratepayers of the greenhouse gas emissions reductions obligations established in Title 38, section 576‑A . [PL 2025, c. 118, §1 (NEW).] [PL 2025, c. 118, §1 (AMD).]
35-A M.R.S. § 4155 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4155
35-A §4155. Refunding obligations; sale
Status: in_force

Refunding obligations issued as provided in section 4154 may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds from them may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of those outstanding obligations. Pending the application of the proceeds of any refunding obligations, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of these refunding obligations or in the trust agreement securing them, to the payment of any interest on refunding obligations to be refunded or the trust agreement securing and any expenses in connection with refunding, such proceeds may be invested as specified in the resolution authorizing the obligations and any expenses in connection with refunding, such proceeds may be invested as specified in the resolution authorizing the obligations to be refunded or the trust agreement securing them. These investments shall mature or shall be subject to redemption by their holders, at the option of the holders, not later than the respective dates when the proceeds, together with the interest accruing on them, will be required for the purposes intended. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3210-A — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210-A
35-A §3210-A. Small generator aggregation
Status: in_force

1. Standard-offer service provider purchase requirement. In accordance with rules adopted pursuant to this section, the commission, at the request of the owner or operator of a generator with a capacity of 5 megawatts or less, shall: A. If the generator is located in an area of this State within the New England independent system operator control area, require a standard-offer service provider that serves an area of this State within the New England independent system operator control area to purchase the output of that generator at applicable market clearing prices or at such other prices determined by the commission to be financially neutral to the standard-offer service provider; and [PL 2003, c. 555, §1 (NEW).] B. If the generator is located in an area of this State in which the retail market is administered by the independent system administrator for northern Maine and the commission finds that the market design will accommodate purchases in a manner that is financially neutral to the standard-offer service provider, require a standard-offer service provider that serves that area of the State, or a portion of that area, to purchase the output of that generator at prices determined by the commission to be financially neutral to the standard-offer service provider. [PL 2003, c. 555, §1 (NEW).] The requirements of this subsection apply only if they can be accomplished in a manner that is financially neutral to standard-offer service providers. [PL 2003, c. 555, §1 (NEW).]

2. Transmission and distribution utility administration. Transmission and distribution utilities shall administer the purchase and sale of electricity to a standard-offer service provider required under subsection 1 . Administrative costs incurred by a transmission and distribution utility under this subsection must be paid, in a manner established by the commission, by the generators of the electricity the purchase and sale of which the utility administers. [PL 2009, c. 197, §3 (AMD).]

2-A. Purchase by competitive electricity providers. In addition to its obligations under subsection 2 , a transmission and distribution utility may administer on behalf of any eligible small generator the purchase and sale of electricity to a competitive electricity provider. In carrying out this function, a transmission and distribution utility may in its discretion aggregate the output of multiple eligible small generators for the purpose of obtaining the most favorable purchase price on behalf of the generators. The parties to any resulting sale must be the eligible small generators and the competitive electricity provider. If a transmission and distribution utility aggregates the output of eligible small generators under this subsection and is unable to sell the aggregated output to a competitive electricity provider, the transmission and distribution utility shall administer the purchase and sale of the aggregated output to a standard-offer service provider in accordance with the provisions of subsections 1 and 2 . [PL 2009, c. 197, §4 (NEW).]

3. Rules. The commission shall adopt rules to implement the provisions of subsections 1 and 2 , including, but not limited to, rules identifying how the commission assigns purchasing obligations to particular standard-offer service providers and the timing and manner of such obligations. The commission may adopt rules and may amend any rules necessary to implement the requirements of subsection 2‑A , including rules to allow a transmission and distribution utility to collect an administrative fee from participating eligible small generators to cover reasonable costs incurred by the transmission and distribution utility under subsection 2‑A . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 197, §5 (AMD).]
35-A M.R.S. § 3752 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3752
35-A §3752. Amendment of articles
Status: in_force

A cooperative may amend its articles of incorporation as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Meeting and notice. The proposed amendment shall be presented to a meeting of the members. The proposed amendment shall be set forth in or attached to the notice of the meeting. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Approval. If the proposed amendment, with any changes, is approved by the affirmative vote of not less than 2/3 of those members voting on the amendment at the meeting, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice-president and its seal shall be affixed to the articles and attested by its secretary. [PL 1987, c. 141, Pt. A, §6 (NEW).]

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

4. Affidavit. The president or vice-president executing the articles shall make and attach to the articles an affidavit stating that this section was complied with. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2106 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2106
35-A §2106. Transfer of approval for a radio common carrier
Status: in_force

Consent granted by the commission under section 2102 , or under section 2105 , held by a radio common carrier may be assigned and transferred with the approval of the commission by holder of the approval. The commission may impose reasonable conditions upon granting its approval. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3305 — ME Code / Title 35-A / Part 3 / Chapter 33 / Section 3305
35-A §3305. Sale of electricity
Status: in_force

1. Authorized markets for electricity. [PL 1999, c. 398, Pt. A, §79 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Use of electricity by the producer or cogenerator. Any small power producer or cogenerator may generate or distribute electricity through that producer's or cogenerator's private property solely for that producer's or cogenerator's own use, the use of that producer's or cogenerator's tenants or the use of, or sale to, that producer's or cogenerator's associates in a small power production or cogeneration facility and not for the use of or sale to others without approval or regulation by the commission. [RR 2021, c. 1, Pt. B, §413 (COR).]

3. Interconnections and existing transmission line improvements. [PL 1999, c. 398, Pt. A, §79 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 1323 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1323
35-A §1323. Exhausting rights before commission; application to Legislature
Status: in_force

No public utility may apply to the Legislature to grant it a right, privilege or immunity which the commission has power to grant it until the utility has exhausted its rights regarding its request before the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

In applying to the Legislature, the utility shall state in writing that it has applied to the commission for the right, privilege or immunity requested and that the commission has denied its application. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3215 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3215
35-A §3215. Commission authority and responsibility
Status: in_force

1. Authority. Without limiting the commission's authority under any other provision of law, the commission may: A. Intervene and participate in proceedings at the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the United States Department of Energy and other federal agencies and in proceedings conducted by Canadian or other authorities or agencies whenever the interests of competition, consumers of electricity or economic development in this State are affected. When intervening or participating in proceedings under this paragraph, the commission shall promote system reliability, the reduction of the cost of electricity to ratepayers in the State and long-term sustainable resource planning; and [PL 2011, c. 109, §1 (AMD).] B. Monitor trends and make recommendations, as appropriate, to the Legislature, to the Governor, to Congress or to any federal agency regarding: (1) The safety and economic effects or potential effects of market competition on nuclear units; and (2) The effects or potential effects of market competition on Maine's air quality. [PL 1997, c. 316, §3 (NEW).] [PL 2011, c. 109, §1 (AMD).]

2. Findings; responsibility. The Legislature finds that, in order for retail competition in this State to function effectively, the governance of any independent system operator with responsibility for operations of the regional transmission system must be fully independent of influence by market participants. The commission shall use all means within its authority and resources to advocate for and promote the interests of Maine ratepayers in any proceeding at the Federal Energy Regulatory Commission involving the development, governance, operations or conduct of an independent system operator. [PL 1997, c. 316, §3 (NEW).]
35-A M.R.S. § 3735 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3735
35-A §3735. Meetings
Status: in_force

1. Annual meetings. An annual meeting of the members of a cooperative shall be held at such time and place as provided in the bylaws. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Special meetings. Special meetings of the members may be called by the president, by the board of trustees, by any 3 trustees or by not less than 10% of the members. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Notice. Except as otherwise provided in this chapter, written or printed notice stating the time and place of each meeting of the members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, must be given to each member, either personally or by mail, not less than 10 days nor more than 25 days before the date of the meeting. If mailed, notice is deemed given when deposited in the United States mail with postage prepaid addressed to the member at the member's address as it appears on the records of the cooperative. [RR 2021, c. 1, Pt. B, §415 (COR).]

4. Quorum. Unless the bylaws prescribe the presence of a greater percentage or number of the members for a quorum, a quorum for the transaction of business at all meetings of the members of a cooperative, having not more than 1,000 members, shall be 5% of all members, present in person, and of a cooperative, having more than 1,000 members, shall be 50 members, present in person. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting from time to time without further notice. This subsection does not apply to a generation and transmission cooperative organized in accordance with subchapter IV . A quorum for such a cooperative shall be specified in the bylaws. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Voting. Each member shall be entitled to one vote on each matter submitted to a vote at a meeting of the members. Voting shall be in person, but, if the bylaws so provide, may also be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail, they shall also prescribe the conditions under which such voting shall be permitted. No person may vote as proxy for more than 3 members at any meeting of the members. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3156 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3156
35-A §3156. Certificates of approval
Status: in_force

The commission may issue a certificate of approval for an electric rate stabilization agreement, following submission to it of an application for approval, in the form and with any supporting data as the commission may require. The commission shall issue or deny the certification within 120 days of receipt of an application. [PL 1997, c. 593, §1 (AMD).]

The commission may not, in any rate proceeding or other context, disallow or otherwise prevent the recovery of costs incurred by the electric utility, including costs projected to be paid by an electric utility to a qualifying facility as defined in section 3303 , under the terms of an agreement certified under this section based solely on the execution of the certified agreement. The commission shall take all reasonable action to ensure that amounts required to be paid pursuant to an agreement certified under this section are available. [PL 1997, c. 492, §2 (AMD); PL 1997, c. 492, §7 (AFF).]

The commission shall issue a certificate upon application by a utility pursuant to this section only if it finds that: [PL 1993, c. 712, §6 (NEW).]

1. Benefits. The agreement, and any assistance in financing the agreement to be provided by the Finance Authority of Maine, will provide substantial net benefits to ratepayers of the utility that will be reflected in rates paid by the electric utility's customers. The commission may consider whether alternative arrangements providing greater net benefits to ratepayers are reasonably likely to be available to the utility and may not issue a certificate if the commission concludes that such an alternative arrangement is reasonably likely to be available; [PL 1997, c. 593, §2 (AMD).]

2. Rate impacts. Near-term benefits to ratepayers will substantially exceed future adverse impacts estimated by the commission; [PL 1997, c. 593, §3 (RPR).]

3. Protection of certain facilities. The agreement does not have as a necessary or probable consequence the permanent cessation of operations of a qualifying facility with a capacity of more than 50 megawatts; [PL 1993, c. 712, §6 (NEW).]

4. Consistent with energy policy. [PL 1999, c. 398, Pt. A, §64 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Protection of energy resources. The agreement will not adversely impact the availability of a diverse and reliable mix of electric energy resources and will not significantly reduce the long-term electric energy or capacity resources available to the electric utility and needed to meet future electric demand. To the extent consistent with the long-term interests of ratepayers, an agreement resulting in a modification of an existing contract and that preserves electric energy or capacity resources is preferred over an agreement that results in the permanent cessation of operations of a qualifying facility. [PL 1993, c. 712, §6 (NEW).]

For purposes of this section, the term "qualifying facility" has the same meaning as in section 3303 . For purposes of this section, the term "electric rate stabilization agreement" means any agreement by an electric utility with a qualifying facility that will result in the reduction of costs to the electric utility and includes, but is not limited to, agreements proposed to be supported with financing made available under Title 10, chapter 110, subchapter III . [PL 1993, c. 712, §6 (NEW).]

A certificate may not be issued under this section after July 31, 1998. [PL 1997, c. 781, §2 (AMD).]
35-A M.R.S. § 10154 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10154
35-A §10154. PACE programs
Status: in_force

1. Establishment; funding. The trust or a municipality that has adopted a PACE ordinance may establish a PACE program funded by funds awarded to the State under the federal Energy Efficiency and Conservation Block Grant Program or by any other funds available for this purpose. Notwithstanding any other provision of law, after July 1, 2010, the trust may use funds from its administrative fund or program funds to pay reasonable administrative expenses of the trust or a municipality incurred to carry out the purposes of this chapter. [PL 2009, c. 591, §1 (NEW).]

2. Program administration; municipal participation and liability. A PACE program must be administered as follows. A. A municipality that has adopted a PACE ordinance may: (1) Administer the functions of a PACE program, including, but not limited to, entering into PACE agreements with property owners and collecting PACE assessments; or (2) Enter into a contract with the trust to administer some or all functions of the PACE program for the municipality. [PL 2009, c. 591, §1 (NEW).] B. The trust may enter into contracts with municipalities that have adopted PACE ordinances to administer PACE program functions in such municipalities. [PL 2009, c. 591, §1 (NEW).] C. Notwithstanding any other provision of law to the contrary, municipal officers and municipal officials, including, without limitation, tax assessors and tax collectors, are not personally liable to the trust or to any other person for claims, of whatever kind or nature, under or related to a PACE program established under subsection 1 , including, without limitation, claims for or related to uncollected PACE assessments. [PL 2009, c. 591, §1 (NEW).] D. Other than the fulfillment of its obligations specified in a PACE agreement, a municipality has no liability to a property owner for or related to energy savings improvements financed under a PACE program. [PL 2009, c. 591, §1 (NEW).] [PL 2009, c. 591, §1 (NEW).]

3. Quality assurance system. Subject to the availability of funds, the trust shall, within 9 months of the establishment of a PACE program under subsection 1 , adopt by rule a comprehensive quality assurance system for the PACE program. In developing a quality assurance system under this subsection, the trust must consult with industry stakeholders, including, but not limited to, representatives of energy efficiency programs, contractors and environmental, energy efficiency and labor organizations. [PL 2009, c. 591, §1 (NEW).]

4. Terms and conditions. The trust may, by rule, establish terms and conditions under which municipalities and property owners may participate in a PACE program established under subsection 1 , which may include, but are not limited to, terms and conditions related to program design, implementation and administration, cost sharing, collection of PACE assessments, establishment of PACE mortgages, recording of liens and management of federal grant funds and terms and conditions to ensure the collection of data required to quantify carbon savings and to facilitate access to and eligibility for voluntary carbon markets, for federal grants for energy efficiency and for other incentive programs that support energy savings improvements. A. Rules adopted pursuant to this subsection may incorporate any federal standard, quality control measure or other requirement established for federal energy efficiency programs as long as the standard, measure or requirement is consistent with the quality assurance system adopted under subsection 3 . [PL 2009, c. 591, §1 (NEW).] B. The trust may vary the terms and conditions established under this subsection applicable to a participating municipality from those of other participating municipalities by mutual agreement with that municipality. [PL 2009, c. 591, §1 (NEW).] [PL 2009, c. 591, §1 (NEW).]

5. Model documents; educational materials. Subject to the availability of funds, the trust shall develop and provide to municipalities model PACE ordinances, model PACE agreements, other model forms and documents and educational materials for use by municipalities in the implementation of PACE programs. [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 6701 — ME Code / Title 35-A / Part 6 / Chapter 67 / Section 6701
35-A §6701. Necessity of taking determined
Status: in_force

The owner of property which is subject to appropriation for public purposes by a water utility, upon hearing, may have the commission determine the necessity of the appropriation. [PL 1987, c. 490, Pt. B, §17 (RPR).]
35-A M.R.S. § 6413 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6413
35-A §6413. Standard districts; debt limit and approval of voters of the district
Status: in_force

Prior to issuing on behalf of a standard district any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance, the trustees shall propose a debt limit for the standard district that the trustees must submit for approval in a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections, except the standard district's 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 workday preceding the election. The question presented must conform to one of the following forms: [PL 2005, c. 192, §1 (AMD).]

For establishment of an initial debt limit: "Do you favor establishing the debt limit of the (insert name of standard district) at (insert amount)?"; or [PL 1995, c. 616, §10 (NEW).]

For amendment of an existing debt limit: "Do you favor changing the debt limit of the (insert name of standard district) from (insert current debt limit) to (insert proposed debt limit)?". [PL 1995, c. 616, §10 (NEW).]

The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question. [PL 1995, c. 616, §10 (NEW).]

The results must be declared by the trustees and entered upon the standard district's records. Due certificate of the results must be filed by the clerk with the Secretary of State. [PL 1995, c. 616, §10 (NEW).]

A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the standard 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 standard district. [PL 1995, c. 616, §10 (NEW).]

Trustees may not issue any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance unless the total amount of such debt issued by the trustees is no more than an amount approved by referendum under this section. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 501 — ME Code / Title 35-A / Part 1 / Chapter 5 / Section 501
35-A §501. Uniform system of accounts
Status: in_force

Every public utility shall keep and render to the commission in the manner and form prescribed by the commission, uniform accounts of all business transacted. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Other systems prohibited. Nothing in this Title requires any public utility engaged in interstate commerce to act contrary to the requirements of any federal law relating to public utilities engaged in interstate commerce. [PL 1987, c. 490, Pt. A, §1 (RPR).]

2. Formulation of systems. In formulating a system of accounting for any class of public utilities, the commission shall consider any system of accounting established by any federal law, commission or department and any system authorized by the national association of the particular class of utilities. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6802 — ME Code / Title 35-A / Part 6 / Chapter 68 / Section 6802
35-A §6802. Regional water councils authorized
Status: in_force

Two or more water-related entities may organize a regional water council by forming a nonprofit corporation under Title 13‑B , as long as one of the organizing members is a water utility. The membership of a regional water council is restricted to water-related entities. A water utility is not required to become a member of a regional water council. [PL 2017, c. 58, §2 (AMD).]
35-A M.R.S. § 6801 — ME Code / Title 35-A / Part 6 / Chapter 68 / Section 6801
35-A §6801. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 209, §1 (NEW).]

1. Regional water council. "Regional water council" means a nonprofit corporation established for the benefit of 2 or more water-related entities pursuant to this chapter, where at least one of the organizing members is a water utility. [PL 2017, c. 58, §1 (AMD).]

2. Water-related entity. "Water-related entity" means a water utility or a municipal or quasi-municipal entity owning, controlling, operating or managing sewer, sanitary or storm water works. [PL 2017, c. 58, §1 (NEW).]
35-A M.R.S. § 111 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 111
35-A §111. Rules; assistance
Status: in_force

The commission may adopt rules and may employ assistance to carry out its responsibilities under this Title. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3626 — ME Code / Title 35-A / Part 3 / Chapter 36-A / Section 3626
35-A §3626. Tracking; biennial report
Status: in_force

The commission shall develop and administer a system to register and track the development of combined heat and power projects under this chapter and by January 15, 2023, and biennially thereafter, shall report to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters on the program and the development of combined heat and power projects. The report must include, but is not limited to: [PL 2021, c. 604, §3 (NEW).]

1. Combined heat and power project development. Documentation of the progress of combined heat and power project development, including the number of such projects in the State, the net generating capacity of those projects and the kilowatt-hours of electricity purchased from those projects; and [PL 2021, c. 604, §3 (NEW).]

2. Program implementation; assessment; recommendations. Actions taken by the commission to implement the program, an assessment of the effectiveness of the program with respect to encouraging the sustainable development of combined heat and power projects in the State and recommendations, including any necessary implementing legislation, to improve the program. [PL 2021, c. 604, §3 (NEW).]
35-A M.R.S. § 1715 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1715
35-A §1715. Post-term employment restrictions
Status: in_force

1. Definition. As used in this section, "employment" means any full-time or part-time work performed for compensation and includes, but is not limited to, consulting and membership on a board. [PL 2025, c. 406, §2 (NEW).]

2. Certain employment prohibited. An individual serving as the Public Advocate on or appointed to serve as the Public Advocate on or after December 15, 2025 may not, until 12 months after the completion of the Public Advocate's service in accordance with section 1701, subsection 1‑A : A. Solicit employment with or accept employment from a public utility in the State; or [PL 2025, c. 406, §2 (NEW).] B. Appear before the commission for compensation in a commission proceeding on behalf of a person, other than a state agency or quasi-independent state entity, if that person was a party to an adjudicatory proceeding in which the Public Advocate was a party during the Public Advocate's term of service. [PL 2025, c. 406, §2 (NEW).] [PL 2025, c. 406, §2 (NEW).]

3. Penalties. An individual who violates this section is subject to a civil penalty not to exceed $1,000 per occurrence, payable to the State. [PL 2025, c. 406, §2 (NEW).]

4. Enforcement. The Office of the Attorney General may investigate alleged violations of this section and bring an action for a violation of this section. [PL 2025, c. 406, §2 (NEW).]
35-A M.R.S. § 2108 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2108
35-A §2108. Corporations may hold real estate
Status: in_force

Corporations organized under section 2101 and former section 2109 may purchase, hold and convey real estate and personal property that are necessary for the purposes for which they are created. [PL 1999, c. 398, Pt. A, §32 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 7110 — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7110
35-A §7110. Registration requirements of interconnected voice over Internet protocol service provider
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "North American Numbering Plan Administrator" has the same meaning as in section 7104, subsection 1‑A, paragraph A . [PL 2023, c. 144, §5 (NEW).] B. "Numbering resources" has the same meaning as in section 7104, subsection 1‑A, paragraph D . [PL 2023, c. 144, §5 (NEW).] [PL 2023, c. 144, §5 (NEW).]

2. Registration. A provider of interconnected voice over Internet protocol service shall register with the commission in a manner prescribed by the commission prior to requesting numbering resources in the State. The registration must include: A. Contact information for a representative of the provider responsible for regulatory and numbering matters; and [PL 2023, c. 144, §5 (NEW).] B. An acknowledgment that the provider of interconnected voice over Internet protocol service must file a notice with the commission at least 30 days before requesting numbers from the North American Numbering Plan Administrator or its successor. [PL 2023, c. 144, §5 (NEW).] When there is any change in the contact information required by paragraph A , a provider of interconnected voice over Internet protocol service shall update its registration information. [PL 2023, c. 144, §5 (NEW).]

3. Information requests. A provider of interconnected voice over Internet protocol service registered under subsection 2 shall, upon the commission's request, provide the commission with detailed information relating to the distribution of numbering resources in the State, unless the interconnected voice over Internet protocol service provider is prohibited from doing so by state or federal privacy laws, rules or regulations. [PL 2023, c. 144, §5 (NEW).]

4. Authority. The commission may exercise any authority provided to the states by 47 Code of Federal Regulations, Part 52 in effect on December 16, 2022 in order to maximize numbering resources. [PL 2023, c. 144, §5 (NEW).]

5. Rules. The commission may adopt rules to implement the requirements of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 144, §5 (NEW).]

6. Enforcement. Failure of a provider of interconnected voice over Internet protocol service to comply with this section or any applicable commission rule is subject to administrative penalties under section 1508‑A . [PL 2023, c. 144, §5 (NEW).]
35-A M.R.S. § 4134 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4134
35-A §4134. Acquisition of property
Status: in_force

1. Eminent domain. The agency may acquire by the exercise of the power of eminent domain any real property, or any interest in real property, which it determines necessary for its purposes under this chapter, after the adoption by it of a resolution declaring the acquisition of the real property or interest in it described in the resolution is necessary for those purposes. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Restrictions. The agency shall exercise the power of eminent domain in the manner provided in Title 30‑A, section 5108 . References in Title 30‑A, section 5108 , to an urban renewal project and a renewal project area and the like are inapplicable. Notwithstanding Title 30‑A, section 5108 : A. No facility for the generation, transmission or distribution of electricity owned by any person may be taken, except for the purpose of acquiring property or rights in it in order to permit the crossing of existing transmission or distribution facilities. In the event of a taking, the respective rights and obligations of the agency and the property owner shall, upon petition of either party, be determined by the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. No site for a project for which any utility or person had filed an application for preliminary permit, a license or application for exemption from the Federal Energy Regulatory Commission on or before November 1, 1977, may be taken until the time, if ever, that the application is denied, and no further renewals or appeals are available to the utility or person, or the utility or person abandons its application, permit or license; and [PL 1987, c. 141, Pt. A, §6 (NEW).] C. No property may be taken, except as may be necessary for the proper location of transmission or distribution lines and necessary appurtenances to them, unless the property is located within the territory in which a municipality or cooperative provides service or within one mile of the territory. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1995, c. 254, §13 (AMD).]
35-A M.R.S. § 6405 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6405
35-A §6405. Standard districts; authorized to lay mains, pipes, conduits and other water conveyances through public ways and across private lands
Status: in_force

Except as otherwise provided by law and to the extent necessary for the purposes of its incorporation, a standard district may lay, maintain, repair and replace pipes, mains and other fixtures and appurtenances in, along and through the streets, roads, ways, highways, bridges, tidal waters, lakes, ponds, rivers and water courses in the district and across private lands in the district. When a standard district lays, maintains, repairs or replaces any fixtures or appurtenances in any street, road, way or highway, it shall do so with as little obstruction as practicable to public travel. At its own expense and without unnecessary delay, a standard district shall replace in proper condition the earth and pavement removed by it. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 1909 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1909
35-A §1909. Market power investigation
Status: in_force

The commission may on its own motion, with or without notice, summarily investigate the exercise of market power by a gas utility, natural gas pipeline utility or pipeline capacity holder. If, after the summary investigation, the commission determines it to be necessary, it may hold a public hearing in accordance with section 1304 . Notwithstanding section 1304 and Title 5, section 9052 , the commission shall notify the utility under investigation in writing of the matter under investigation and 7 days after the commission has given notice the commission may set the time and place for the public hearing. [PL 2013, c. 369, Pt. B, §1 (NEW).]
35-A M.R.S. § 712 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 712
35-A §712. Competitive bids
Status: in_force

Any contract in excess of $2,000 between a public utility and a contractor for the construction of facilities located on private property for the exclusive use of a private individual and for which the private individual is required to pay the total cost directly to the utility, shall be awarded by a system of competitive bidding. Unless there are valid reasons to the contrary, contracts shall be awarded to the lowest responsible bidder. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3504 — ME Code / Title 35-A / Part 3 / Chapter 35 / Section 3504
35-A §3504. Treatment of certain small consumer-owned transmission and distribution utilities
Status: in_force

1. Exemption. Upon request of a consumer-owned transmission and distribution utility of not more than 150 customers, the commission may exempt the utility from any of the requirements of any commission rules and this Title, with the exception of sections 3502 and 3503 . [PL 1999, c. 398, Pt. A, §88 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Rule-making considerations. The commission shall take into account the form of governance of consumer-owned transmission and distribution utilities when promulgating rules and shall state in any notice of proposed rulemaking relating to those utilities what consideration has been given to the ability of those utilities to regulate matters covered under their own authority and, in promulgating those rules, may not impose unreasonable requirements on consumer-owned transmission and distribution utilities. [PL 1999, c. 398, Pt. A, §88 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 1908 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1908
35-A §1908. Exemption from Chief Procurement Officer rules
Status: in_force

Notwithstanding any provision of law to the contrary, agreements and contracts entered into pursuant to this chapter are not subject to the competitive bid requirements of the Chief Procurement Officer. [PL 2023, c. 516, Pt. B, §48 (AMD).]
35-A M.R.S. § 4101 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4101
35-A §4101. Short Title
Status: in_force

This chapter shall be known and may be cited as the "Maine Municipal and Rural Electrification Cooperative Agency Act." [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3601 — ME Code / Title 35-A / Part 3 / Chapter 36 / Section 3601
35-A §3601. Short title
Status: in_force

This chapter may be known and cited as "the Community-based Renewable Energy Act." [PL 2009, c. 329, Pt. A, §4 (NEW).]
35-A M.R.S. § 2510 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2510
35-A §2510. Fees for excavation permits
Status: in_force

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

1. Fees set by municipal officers. The municipal officers having the duty to maintain streets may establish a schedule of fees for granting permits for making an excavation within the paved portion of a street or highway. The schedule of fees may not exceed the reasonable cost of replacing the excavated pavement. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Payment of fee. The applicant shall pay to the treasurer of the municipality granting the permit the fees established by the municipal officers. The fees shall be regularly accounted for and shall constitute a special fund for the replacement of excavated pavement. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2507 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2507
35-A §2507. Permit required for person laying pipes and wires
Status: in_force

No person may lay its pipes or place its wires under the surface of any road or street, or dig up or open the ground in a road or street, until it has obtained a written permit in accordance with section 2503 from the applicable licensing authority. The permit must be signed by the municipal officers or the Department of Transportation and shall specify the roads and streets and the location in the roads or streets where the pipes or wires will be laid. The permit may not affect the right of any party to recover damages for any injury to persons or property by the doings of any person. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 308 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 308
35-A §308. Filing of new schedules
Status: in_force

Copies of all new schedules shall be filed in every office of a public utility where payments are made by customers 30 days prior to the time they are to take effect, unless the commission prescribes less time as provided in section 307 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3805 — ME Code / Title 35-A / Part 3 / Chapter 38 / Section 3805
35-A §3805. Reporting
Status: in_force

1. Commission report. The commission shall include in its annual report under section 120, subsection 7 a summary of its activities in accordance with this chapter. [PL 2023, c. 328, §1 (NEW).]

2. Office report. The office shall include in its annual report under Title 2, section 9, subsection 3, paragraph C‑1 a summary of its activities in accordance with this chapter. [PL 2023, c. 328, §1 (NEW).]

3. Trust report. The trust shall include in its annual report under section 10104, subsection 5 a summary of its activities in accordance with this chapter. [PL 2023, c. 328, §1 (NEW).]
35-A M.R.S. § 3209-I — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3209-I
35-A §3209-I. Front of meter distributed energy resource program
Status: in_force

1. Front of meter distributed energy resource defined. As used in this section, "front of the meter distributed energy resource" means an electric generating facility that uses a renewable fuel or technology under section 3210, subsection 2, paragraph B‑3 , is located in the service territory of a transmission and distribution utility in the State and is interconnected to the distribution grid on the utility side of a customer's utility meter. [PL 2025, c. 430, §12 (NEW).]

2. Program design; implementation. The Governor's Energy Office shall design a program or programs to encourage the development of front of the meter distributed energy resources in the State and submit the proposed program or programs to the commission. If the commission finds that a program or programs proposed by the office provide benefits to ratepayers in the State in excess of the costs to ratepayers, the commission shall by rule implement the program or programs. [PL 2025, c. 430, §12 (NEW).]

3. Rules. The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 430, §12 (NEW).]
35-A M.R.S. § 10159 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10159
35-A §10159. Rulemaking
Status: in_force

Rules adopted under this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 6408 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6408
35-A §6408. Standard districts; authority to acquire property; rights of eminent domain
Status: in_force

To the extent necessary for purposes of incorporation, a standard district may take and hold any interest in real estate and personal estate. [PL 1995, c. 616, §10 (NEW).]

1. Purchase or lease. A standard district may take and hold an interest in real estate or personal estate by purchase, lease or other lawful means. [PL 1995, c. 616, §10 (NEW).]

2. Eminent domain. For purposes of its incorporation, a standard district may exercise the right of eminent domain as provided in chapters 65 and 67 to acquire any interest in land or water rights: A. For erecting and maintaining dams, plants and works, for flowage, power, pumping and supplying water through its mains; [PL 1995, c. 616, §10 (NEW).] B. For reservoirs and for preserving and protecting the purity of the water and related watershed; [PL 1995, c. 616, §10 (NEW).] C. For laying and maintaining aqueducts and other structures; [PL 1995, c. 616, §10 (NEW).] D. For taking, distributing, discharging and disposing of water; and [PL 1995, c. 616, §10 (NEW).] E. For rights-of-way or roadways to its sources of supply, dams, power stations, reservoirs, mains, aqueducts, structures and lands. [PL 1995, c. 616, §10 (NEW).] Except as otherwise provided by law, a standard district may not take by right of eminent domain any property or facilities of any other public utility used or acquired for future use in the performance of a public duty. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 3217 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3217
35-A §3217. Reports
Status: in_force

1. Annual restructuring report. [PL 2023, c. 77, §8 (RP).]

2. Proposed changes. If the commission determines, after providing interested parties an opportunity to be heard, that any provision in this chapter is not in the public interest, the commission shall present a report to the joint standing committee of the Legislature having jurisdiction over utility matters stating the basis for the commission's conclusion and including draft legislation designed to modify this chapter consistent with the public interest. [PL 1997, c. 316, §3 (NEW).]

3. Independent system operator. The commission shall monitor events in the region pertaining to: A. The development of an independent system operator with responsibility for transmission reliability; [PL 1997, c. 316, §3 (NEW).] B. The management of competitive access to the regional transmission system; and [PL 1997, c. 316, §3 (NEW).] C. Rights to negotiate potential contracts between sellers and buyers of electricity. [PL 1997, c. 316, §3 (NEW).] If the commission determines that there exists insufficient independence on the part of the independent system operator from any provider of wholesale transmission, competitive electricity provider or electric utility, or if it determines any other problem threatens regional transmission reliability, the commission shall provide a report to the joint standing committee of the Legislature having jurisdiction over utility matters with a recommendation as to what actions within the authority of the State are available to remedy this problem. [PL 1997, c. 316, §3 (NEW).]

4. Direct sales. Beginning in 2022 and every 3 years thereafter, the commission shall include in its report pursuant to section 120, subsection 7 , information regarding the incidence of direct sales of electricity by an entity that generates electricity to commercial or industrial consumers located on the property where the entity that generates the electricity is located or on abutting property or on 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, §6 (NEW).]
35-A M.R.S. § 2309 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2309
35-A §2309. Existing locations valid
Status: in_force

The location of all pipes, hydrants, wires and cables and all conduits and other structures for the conducting and maintaining of those pipes, hydrants, wires and cables over, under the surface of and in those streets and highways in which those utilities authorized to obtain locations for their pipes, wires, hydrants and cables which have been located over, under the surface of and in the streets and highways prior to January 1, 1984, and which will be so located in accordance with this Title are declared legal and the same shall be legal structures in those streets and highways until their location has changed in any manner required or authorized by law. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 703 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 703
35-A §703. Rebates; discounts and discrimination
Status: in_force

1. Free or special rates prohibited. No person may knowingly solicit, accept or receive any rebate, discount or discrimination in respect to any service rendered, or to be rendered by a public utility, or for any related service where the service is rendered free or at a rate less than named in the schedules in force, or where a service or advantage is received other than is specified. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Free and special rates allowed under certain circumstances. This Title does not prohibit: A. A public utility from granting service at free or reduced rates for charitable or benevolent purposes or for national or civilian defense purposes; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. A public utility from supplying water and service free or at reduced or special rates to any person, firm or corporation for fire protection purposes through or by means of any apparatus or appliances furnished, installed or maintained by the person, firm or corporation, provided it is approved by the commission; or [PL 1987, c. 141, Pt. A, §6 (NEW).] C. A public utility from making special rates for its employees or in case of emergency service. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Existing contracts. The furnishing by a public utility of a product or service at the rates and upon terms and conditions provided for in a contract in existence January 1, 1913, may not be construed as constituting a discrimination or undue or unreasonable preference or advantage within the meaning specified. When any such contract or contracts are or become terminable by notice of a utility, the commission may order that the contract or contracts be terminated by the utility as and when directed by the order. [PL 1995, c. 254, §2 (AMD).]

3-A. Special contracts. A public utility, subject to the commission's approval, may make a contract for a definite term for its product or service, but the published rates for the product or service may not be changed during the term of the contract without the commission's consent. [PL 2011, c. 623, Pt. C, §3 (AMD).]

4. Forfeiture. [PL 2003, c. 505, §14 (RP).]
35-A M.R.S. § 3731 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3731
35-A §3731. Incorporators
Status: in_force

Five or more natural persons or 2 or more cooperatives may organize a cooperative in the manner provided in this subchapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

This section does not apply to a generation and transmission cooperative organized in accordance with subchapter IV . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2306 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2306
35-A §2306. No taking property without consent
Status: in_force

A public utility organized under section 2101 and former section 2109 may not take, appropriate or use the location, pipes, lines, land or other property of any other person doing or authorized to do a similar business, without consent of the other person, except by Private and Special Act of the Legislature. [PL 1999, c. 398, Pt. A, §36 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 3910 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3910
35-A §3910. Revenue obligation securities
Status: in_force

A district created under this chapter shall be deemed a municipality for purposes of Title 10, chapter 110, subchapter IV , with respect to a qualifying electric generating system, electric distribution system, or both. The board of trustees are deemed to be municipal officers for purposes of that subchapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3624 — ME Code / Title 35-A / Part 3 / Chapter 36-A / Section 3624
35-A §3624. Long-term contracts for combined heat and power
Status: in_force

1. Investor-owned transmission and distribution utilities; required participation. Notwithstanding section 3204 , the commission may direct an investor-owned transmission and distribution utility to enter into long-term contracts for energy with one or more program participants if the program participant is: A. Located within the service territory of the investor-owned transmission and distribution utility; or [PL 2023, c. 353, §6 (NEW).] B. Located within the service territory of a consumer-owned transmission and distribution utility if: (1) The program participant delivers energy to a location within the service territory of the investor-owned transmission and distribution utility; (2) The program participant does not sell energy to the consumer-owned transmission and distribution utility in whose territory the program participant is located; and (3) The consumer-owned transmission and distribution utility consents to the sale and transmission of that energy pursuant to a long-term contract. [PL 2023, c. 353, §6 (NEW).] The commission may direct investor-owned transmission and distribution utilities to enter into contracts under this subsection only as agents for their customers and only in accordance with this section. An investor-owned transmission and distribution utility shall sell energy pursuant to this subsection into the wholesale electricity market or take other action relative to that energy directed by the commission. [PL 2023, c. 353, §6 (RPR).]

2. Consumer-owned transmission and distribution utilities; voluntary participation. A consumer-owned transmission and distribution utility may, at the option of the utility, enter into long-term contracts with one or more program participants located within the service territory of the utility for energy. Consumer-owned transmission and distribution utilities may enter into contracts under this subsection only as agents for their customers and only in accordance with this section. [PL 2023, c. 353, §7 (AMD).]

3. Sale of energy; contract procedures. Energy contracted through long-term contracts pursuant to this section may be sold into the wholesale electricity market separately or in conjunction with solicitations for standard-offer supply bids under section 3212 or solicitations for green power offer bids under section 3212‑B . To the greatest extent possible, the commission shall develop procedures for long-term contracts for transmission and distribution utilities under this section having the same legal and financial effect as the procedures used for standard-offer service pursuant to section 3212 for transmission and distribution utilities. [PL 2023, c. 353, §8 (AMD).]

4. Contract term. A contract entered into pursuant to this section may not be for more than 20 years. [PL 2021, c. 604, §3 (NEW).]

5. Contract pricing; cost containment. The commission shall solicit contract bids under the program. In selecting contracts, the commission shall weigh the characteristics of a proposed combined heat and power project as follows: A. A weight of 30% must be given to the combined efficiency of the electricity generation and heat utilization of the project; [PL 2021, c. 604, §3 (NEW).] B. A weight of 40% must be given to the total cost of the project; and [PL 2021, c. 604, §3 (NEW).] C. A weight of 30% must be given to the following factors: (1) The design of the project to meet the State's waste reduction and diversion priorities established by Title 38, section 2101 , including, but not limited to, the proximity of the project to wood fuel derived from forest products manufacturing residuals; (2) The location of the project and whether electricity generated will meet a demand for electricity; (3) The net greenhouse gas emissions from the project, as determined in consultation with the Department of Environmental Protection; (4) The economic impact to the State from the project, including, but not limited to, jobs the project will create and maintain in wood fuel supply, at the electric generation plant and at the facility using the heat; (5) Whether the generation of electricity most effectively accounts for the changing seasonal time of day and other electricity usage characteristics associated with beneficial electrification as defined in section 10102, subsection 3‑A over the duration of the contract; and (6) The effect on other Class I resources and Class IA resources, as defined in section 3210, subsection 2 . [PL 2021, c. 604, §3 (NEW).] The commission may not direct an investor-owned transmission and distribution utility to enter into a long-term contract under this chapter in which the contract price for energy exceeds 10 cents per kilowatt-hour. If at the close of the competitive bidding process under this subsection the commission determines that no proposal meets the requirements of the solicitation or that an approval is not in the public interest, the commission may reject all proposals and may open a new competitive bidding process. [PL 2021, c. 604, §3 (NEW).]

6. Cost and benefit allocation. The commission shall ensure that all costs and benefits associated with contracts involving investor-owned transmission and distribution utilities entered into under this section are allocated to electricity consumers in accordance with section 3210‑F . [PL 2021, c. 604, §3 (NEW).]

7. Contract payments. Contracts for energy entered into pursuant to this section must provide that payments will be made only after contracted amounts of energy have been provided. [PL 2023, c. 353, §9 (AMD).]

8. Ratepayer protection. The commission shall ensure that mechanisms are established to provide protections for ratepayers over the term of contracts entered into pursuant to this section. [PL 2021, c. 604, §3 (NEW).]
35-A M.R.S. § 5102 — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5102
35-A §5102. Application of this Title
Status: in_force

1. Authority over ferries. All ferries are subject to this Title and to the orders and rules adopted and promulgated by the commission under the authority of this Title, provided that ferries are not subject to the jurisdiction of the commission with respect to safety. [PL 1987, c. 475, §2 (NEW).]

2. Emergency. Persons providing emergency transportation, including transportation relating to emergency planning activities, under this Title are not public utilities subject to the jurisdiction of the commission. [PL 1991, c. 774, §3 (AMD).]
35-A M.R.S. § 7101-A — ME Code / Title 35-A / Part 7 / Chapter 71 / Section 7101-A
35-A §7101-A. Telecommunications privacy; policy
Status: in_force

The Legislature declares and finds the following. [PL 1991, c. 654, §1 (NEW); PL 1991, c. 654, §5 (AFF).]

1. Privacy right. Telephone subscribers have a right to privacy and the protection of this right to privacy is of paramount concern to the State. [PL 1991, c. 654, §1 (NEW); PL 1991, c. 654, §5 (AFF).]

2. Exercise of right. To exercise their right to privacy, telephone subscribers must be able to limit the dissemination of their telephone numbers to persons of their choosing. [PL 1991, c. 654, §1 (NEW); PL 1991, c. 654, §5 (AFF).]
35-A M.R.S. § 3710 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3710
35-A §3710. Filing of articles
Status: in_force

1. Articles filed by Secretary of State. Articles of incorporation, amendment, conversion or dissolution, when executed and acknowledged and accompanied by such affidavits as may be required by this chapter, must be presented to the Secretary of State for filing in the records of the office of the Secretary of State. If the Secretary of State determines that the articles presented conform to the requirements of this chapter, the Secretary of State shall, upon the payment of the fees as provided in section 3708 , file the articles in the records of the office of the Secretary of State. [RR 2021, c. 1, Pt. B, §414 (COR).]

2. Articles in effect upon filing. Upon the filing by the Secretary of State the incorporation, amendment, conversion or dissolution provided for in the articles is in effect. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Application of this section to certificates of election to dissolve. This section applies to certificates of election to dissolve and affidavits executed in connection with the certificates pursuant to section 3755, subsection 2 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10307 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10307
35-A §10307. Rulemaking
Status: in_force

The department may adopt rules the commissioner determines necessary for the proper implementation of this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A , unless otherwise specified. [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 1501 — ME Code / Title 35-A / Part 1 / Chapter 15 / Section 1501
35-A §1501. Utility liable for civil damages
Status: in_force

If a public utility violates this Title, causes or permits a violation of this Title or omits to do anything that this Title requires it to do it may be liable in damages to the person injured as a result. Recovery under this section does not affect a recovery by the State of the penalty prescribed for the violation. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 5105 — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5105
35-A §5105. Medical emergency
Status: in_force

In the case of a medical emergency, transportation may be obtained from any person. [PL 1987, c. 475, §2 (AMD).]
35-A M.R.S. § 10153 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10153
35-A §10153. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 591, §1 (NEW).]

1. Energy savings improvement. "Energy savings improvement" means an improvement to qualifying property that, as determined by the trust, is new and permanently affixed to qualifying property and that: A. Will result in increased energy efficiency and substantially reduced energy use and: (1) Meets or exceeds applicable United States Environmental Protection Agency and United States Department of Energy Energy Star program or similar energy efficiency standards established or approved by the trust; or (2) Involves weatherization of residential, commercial or industrial property in a manner approved by the trust; or [PL 2009, c. 591, §1 (NEW).] B. Involves a renewable energy installation, an electric thermal storage system or any heating equipment that meets or exceeds standards established or approved by the trust. [PL 2011, c. 84, §1 (AMD).] [PL 2011, c. 84, §1 (AMD).]

2. PACE agreement. "PACE agreement" means an agreement that authorizes the creation of a PACE mortgage on qualifying property and that is approved in writing by all owners of the qualifying property at the time of the agreement, other than mortgage holders. [PL 2009, c. 591, §1 (NEW).]

3. PACE assessment. "PACE assessment" means an assessment made against qualifying property to repay a PACE mortgage. [PL 2009, c. 591, §1 (NEW).]

4. PACE mortgage. "PACE mortgage" means a mortgage securing a loan made pursuant to a PACE program to fund energy savings improvements on qualifying property. [PL 2009, c. 591, §1 (NEW).]

5. PACE ordinance. "PACE ordinance" means an ordinance adopted by the legislative body of a municipality for the purpose of participating in a PACE program. [PL 2009, c. 591, §1 (NEW).]

6. PACE program. "PACE program" means a program established under this chapter by the trust or a municipality under which property owners can finance energy savings improvements on qualifying property. [PL 2009, c. 591, §1 (NEW).]

7. Qualifying property. "Qualifying property" means real property located in a municipality that participates in a PACE program pursuant to this chapter. [PL 2009, c. 591, §1 (NEW).]

8. Renewable energy installation. "Renewable energy installation" means a fixture, product, system, device or interacting group of devices installed behind the meter at a qualifying property, or on contiguous property under common ownership, that produces energy or heat from renewable sources, including, but not limited to, photovoltaic systems, solar thermal systems, biomass systems including but not limited to masonry stoves and wood pellet systems, landfill gas to energy systems, geothermal systems, wind systems and any other systems eligible for funding under federal Qualified Energy Conservation Bonds or federal Clean Renewable Energy Bonds. [PL 2013, c. 157, §1 (AMD).]

9. Trust. "Trust" means the Efficiency Maine Trust established in section 10103 . [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 2522 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2522
35-A §2522. Maintenance of utility facilities
Status: in_force

Notwithstanding any other provision of law, a transmission and distribution utility or entity authorized under section 2301 to construct lines may trim, cut or remove by cutting trees located within the public right-of-way of a public way and may trim or cut portions of trees encroaching upon the public right-of-way when necessary to ensure safe and reliable service if: [PL 2011, c. 623, Pt. B, §12 (AMD).]

1. Notice to applicable licensing authority. Notice is provided by the utility or entity to the applicable licensing authority, as defined in section 2502 , at least 30 days before the trimming, cutting or removal of trees; [PL 2011, c. 623, Pt. B, §12 (AMD).]

2. Consultation with applicable licensing authority. Upon request of the applicable licensing authority, the utility or entity consults with the applicable licensing authority before the trimming, cutting or removal of trees. Notice must be sent to each municipality in which trimming, cutting or removal of trees is to be conducted and the utility or entity shall consult with the applicable municipal licensing authority or, if none, the municipal officers before commencing operations. The municipal licensing authority or, if none, the municipal officers may elect to hold a public hearing on the utility's or entity's proposal and, if so, the utility or entity may not commence operations until after the public hearing has been held; [PL 2011, c. 623, Pt. B, §12 (AMD).]

3. Public notice. Public notice is placed in at least 2 newspapers with circulation in the area where trimming, cutting or removal of trees is scheduled to occur at least 30 days before the trimming, cutting or removal of those trees. The notice must state that customers may request to be placed on the list, required under subsection 4 , of persons who have requested to be personally consulted before the trimming, cutting or removal of trees; [PL 1993, c. 399, §1 (NEW).]

4. Customer notice list. Before the trimming, cutting or removal of trees, the utility or entity confers with any person who requests personal consultation concerning the trimming, cutting or removal of trees on property in which the person has a legal interest. The utility or entity shall keep a list of persons who have requested personal consultation under this subsection. The utility or entity shall notify annually, in the form of a bill insert, all of the utility's or entity's customers of the opportunity to be on the list required under this subsection; and [PL 2011, c. 623, Pt. B, §12 (AMD).]

5. Shade and ornamental trees. Before removing a shade or ornamental tree, the utility or entity consults with the owner of the land upon which the tree is located. For purposes of this subsection, "owner" includes a person who owns the underlying fee interest in land encumbered with a public easement. [PL 2011, c. 623, Pt. B, §12 (AMD).]

This section does not apply to trimming, cutting or removal of trees undertaken in emergency situations. [RR 1993, c. 1, §103 (NEW).]
35-A M.R.S. § 3913 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3913
35-A §3913. Rate setting
Status: in_force

Municipal power districts are public utilities and subject to this Title. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1704 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1704
35-A §1704. Legal representation
Status: in_force

Notwithstanding the provisions of Title 5, section 191 , the Public Advocate, or a staff attorney, may act as the counsel for the office of the Public Advocate. The Public Advocate may request the assistance of the Attorney General or employ private counsel for this purpose. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3106 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3106
35-A §3106. Comparative usage data on billing statements
Status: in_force

1. Definitions. For the purposes of this section, the following terms have the following meanings. A. "Comparative usage data" means data regarding a customer's energy usage for the previous 24 months that compares each month's usage between the first 12 months and the 2nd 12 months of usage. [PL 2019, c. 81, §1 (NEW).] B. "Medium commercial customer" means a nonresidential customer that meets the availability criteria to take service under a core customer class of the transmission and distribution utility that includes a demand charge and in which a customer's maximum demand does not exceed 500 kilowatts or the utility's kilowatt break-point between classes that is closest to but does not exceed 500 kilowatts, whichever is lower. [PL 2019, c. 81, §1 (NEW).] C. "Residential customer" means a customer defined as residential under the terms and conditions of the transmission and distribution utility. [PL 2019, c. 81, §1 (NEW).] D. "Small commercial customer" means a nonresidential customer that meets the availability criteria to take service under a core customer class of the transmission and distribution utility that does not include a demand charge. [PL 2019, c. 81, §1 (NEW).] [PL 2019, c. 81, §1 (NEW).]

2. Billing statements. Except as provided in subsection 3 , an investor-owned transmission and distribution utility shall provide comparative usage data on customer billing statements of residential customers, small commercial customers and medium commercial customers. [PL 2019, c. 81, §1 (NEW).]

3. Waiver. The commission, by rule or order, may waive the requirements of this section for an investor-owned transmission and distribution utility for the portion of the service territory of that utility that is located in an area of this State in which the retail market is administered by the independent system administrator for northern Maine if the commission finds that implementation of the requirements of this section is unduly burdensome or cost-prohibitive in that portion of the utility's service territory. [PL 2019, c. 81, §1 (NEW).]

Revisor's Note: §3106. Consumer protections; bill information as enacted by PL 2019, c. 88, §1 is REALLOCATED TO TITLE 35-A, SECTION 3107

Revisor's Note: §3106. Utility service standards as enacted by PL 2019, c. 104, §1 is REALLOCATED TO TITLE 35-A, SECTION 3108
35-A M.R.S. § 4351 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4351
35-A §4351. Short title; findings
Status: in_force

This subchapter shall be known and may be cited as the "Nuclear Decommissioning Financing Act." [PL 1987, c. 141, Pt. A, §6 (NEW).]

The Legislature has made the following findings. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Proper decommissioning is essential. The Legislature finds that timely proper decommissioning of any nuclear power plant beginning at the time of its closing is essential to protect public health, safety and the environment and that the cost of decommissioning will be significant. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Collection of funds to pay for decommissioning costs. To ensure that the customers who received the benefits of these facilities pay for these decommissioning costs, the Legislature finds that it is prudent for the State to require the licensee operating a nuclear power plant in the State to collect sufficient funds during the remaining useful life of the plant to pay for these costs. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Trust fund. The Legislature finds that the best way to ensure that the funds collected will be available when they are needed for decommissioning is to require that the funds be placed in a separate trust fund for each plant and invested by a trustee until they are needed for decommissioning. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Decommissioning fund committee. The Legislature finds that it is in the public interest to have a decommissioning fund committee responsible for the prudent management of the trust fund. That committee may be established by the licensee, with Public Utilities Commission approval, or publicly established, but in either case would be subject to the requirements of this subchapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Taxes. The Legislature finds that funds set aside for decommissioning protect the people of the State and thus serve an essential governmental function, that payment of taxes on these funds would be an unreasonable and inappropriate burden on the ratepayers and that the income earned by the fund should be tax exempt and payments made to the fund by the licensee should be tax deductible. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Premature closing of plant. The Legislature finds that assurance is needed that funds will be available for the cost of decommissioning which would occur if a nuclear power plant is prematurely closed. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1306 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1306
35-A §1306. Decision
Status: in_force

The following provisions apply to the commission's findings and decisions. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Unjust rates. If after a formal public hearing the commission finds that the rates, tolls, charges, schedules or joint rates are unjust, unreasonable, insufficient or unjustly discriminatory or otherwise in violation of this Title, it may fix and order substituted just or reasonable rate or rates, tolls, charges or schedules. In determining the justness and reasonableness of the order, the commission shall assure rate design stability. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Unjust term, condition, practice, act or service. If after a public hearing the commission finds that a term, condition, practice, act or service complained of is unjust, unreasonable, insufficient, unjustly discriminatory or otherwise in violation of this Title or if it finds that a service is inadequate or that reasonable service cannot be obtained, the commission may by order establish or change terms, conditions, measurement, practice, service or acts, as it finds to be just and reasonable. In determining the justness and reasonableness of the order, the commission shall assure rate design stability. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Conformity to decision. Every public utility to which the order applies shall change its schedules on file to conform to the order. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Copies. Copies of the commission's order shall be: A. Certified by the administrative director; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Delivered to the public utility affected by it. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Effective date. The order shall take effect: A. After a copy is delivered to the public utility affected; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. When signed by the administrative director or within such other time as may be prescribed by the commission. [PL 1987, c. 490, Pt. A, §3 (RPR).] [PL 1987, c. 490, Pt. A, §3 (AMD).]
35-A M.R.S. § 3452 — ME Code / Title 35-A / Part 3 / Chapter 34-A / Section 3452
35-A §3452. Determination of effect on scenic character and related existing uses
Status: in_force

1. Application of standard. In making findings regarding the effect of an expedited wind energy development on scenic character and existing uses related to scenic character pursuant to Title 12, section 685‑B, subsection 4 or Title 38, section 484, subsection 3 or section 480‑D , the primary siting authority shall determine, in the manner provided in subsection 3 , whether the development significantly compromises views from a scenic resource of state or national significance such that the development has an unreasonable adverse effect on the scenic character or existing uses related to scenic character of the scenic resource of state or national significance. Except as otherwise provided in subsection 2 , determination that a wind energy development fits harmoniously into the existing natural environment in terms of potential effects on scenic character and existing uses related to scenic character is not required for approval under either Title 12, section 685‑B, subsection 4, paragraph C or Title 38, section 484, subsection 3 . [PL 2007, c. 661, Pt. A, §7 (NEW).]

2. Exception; certain associated facilities. The primary siting authority shall evaluate the effect of associated facilities of a wind energy development in terms of potential effects on scenic character and existing uses related to scenic character in accordance with Title 12, section 685‑B, subsection 4, paragraph C or Title 38, section 484, subsection 3 , in the manner provided for development other than wind energy development, if the primary siting authority determines that application of the standard in subsection 1 to the development may result in unreasonable adverse effects due to the scope, scale, location or other characteristics of the associated facilities. An interested party may submit information regarding this determination to the primary siting authority for its consideration. The primary siting authority shall make a determination pursuant to this subsection within 30 days of its acceptance of the application as complete for processing. [PL 2007, c. 661, Pt. A, §7 (NEW).]

3. Evaluation criteria. In making its determination pursuant to subsection 1 , and in determining whether an applicant for an expedited wind energy development must provide a visual impact assessment in accordance with subsection 4 , the primary siting authority shall consider: A. The significance of the potentially affected scenic resource of state or national significance; [PL 2007, c. 661, Pt. A, §7 (NEW).] B. The existing character of the surrounding area; [PL 2007, c. 661, Pt. A, §7 (NEW).] C. The expectations of the typical viewer; [PL 2007, c. 661, Pt. A, §7 (NEW).] D. The expedited wind energy development's purpose and the context of the proposed activity; [PL 2007, c. 661, Pt. A, §7 (NEW).] E. The extent, nature and duration of potentially affected public uses of the scenic resource of state or national significance and the potential effect of the generating facilities' presence on the public's continued use and enjoyment of the scenic resource of state or national significance; and [PL 2007, c. 661, Pt. A, §7 (NEW).] F. The scope and scale of the potential effect of views of the generating facilities on the scenic resource of state or national significance, including but not limited to issues related to the number and extent of turbines visible from the scenic resource of state or national significance, the distance from the scenic resource of state or national significance and the effect of prominent features of the development on the landscape. [PL 2007, c. 661, Pt. A, §7 (NEW).] In applying these criteria, the primary siting authority shall consider the primary impact and the cumulative scenic impact or effect of the development during both day and night on scenic resources of state or national significance. In evaluating cumulative scenic impact or effect associated with sequential observation, the department shall consider, in addition to the criteria in this subsection, the distance between viewpoints on the linear route and other forms of development along the linear route that effect the expectation of the user of the scenic resource of state or national significance. A finding by the primary siting authority that the development's generating facilities are a highly visible feature in the landscape is not a solely sufficient basis for determination that an expedited wind energy project has an unreasonable adverse effect on the scenic character and existing uses related to scenic character of a scenic resource of state or national significance. In making its determination under subsection 1 , the primary siting authority shall consider insignificant the effects of portions of the development's generating facilities located more than 8 miles, measured horizontally, from a scenic resource of state or national significance. [PL 2015, c. 190, §4 (AMD).]

4. Visual impact assessment; rebuttable presumption. An applicant for an expedited wind energy development shall provide the primary siting authority with a visual impact assessment of the development that addresses the evaluation criteria in subsection 3 if the primary siting authority determines such an assessment is necessary in accordance with subsection 3 . There is a rebuttable presumption that a visual impact assessment is not required for those portions of the development's generating facilities that are located more than 3 miles, measured horizontally, from a scenic resource of state or national significance. The primary siting authority may require a visual impact assessment for portions of the development's generating facilities located more than 3 miles and up to 8 miles from a scenic resource of state or national significance if it finds there is substantial evidence that a visual impact assessment is needed to determine if there is the potential for significant adverse effects on the scenic resource of state or national significance. Information intended to rebut the presumption must be submitted to the primary siting authority by any interested person within 30 days of acceptance of the application as complete for processing. The primary siting authority shall determine if the presumption is rebutted based on a preponderance of evidence in the record. [PL 2007, c. 661, Pt. A, §7 (NEW).]
35-A M.R.S. § 4159 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4159
35-A §4159. No impairment of obligation
Status: in_force

The State pledges to and agrees with the holders of the bonds, notes and other evidences of indebtedness issued under this chapter that the State will not limit or restrict the rights vested in the agency to perform its obligations and to fulfill the terms of any agreement made with the holders of its bonds or notes. The State will not impair the rights and remedies of the holders until the bonds, notes and other evidences of indebtedness together with interest on them, and interest on any unpaid installments of interest, are fully met, paid and discharged. The agency may execute this pledge and agreement of the State in any agreement with the holders of the bonds, notes or other evidences of indebtedness. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 113 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 113
35-A §113. Management audit
Status: in_force

1. Audit. The commission may require the performance of a management audit of the operations of any public utility in order to determine: A. The degree to which a public utility's construction program evidences planning adequate to identify realistic needs of its customers; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The degree to which a public utility's operations are conducted in an effective, prudent and efficient manner judged by the standards prevailing in the utility industry; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. The degree to which a public utility minimizes or avoids inefficiencies which otherwise would increase costs to customers; or [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Any other consideration which the commission finds relevant to rate setting under chapter 3, sections 301 and 303 . [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Independent auditor. The commission may have a management audit performed by an independent auditor. If the commission finds it reasonable and necessary to have the audit performed, it may: A. Select the independent auditor; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Require a public utility to pay for the costs of a management audit of its operations; and [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Require the public utility to execute a contract with the independent auditor. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Costs. The full cost of the management audit must be recovered from ratepayers, except that if the audit of an investor-owned public utility contributes to a commission finding of imprudence that results in a cost disallowance, the commission shall determine how to fairly allocate the cost of the management audit to ratepayers or the shareholders of the investor-owned public utility. In ordering an audit, the commission shall consider the impact of the cost of the audit upon the ratepayers and other alternatives that are available. [PL 2017, c. 448, §1 (AMD); PL 2017, c. 448, §7 (AFF).]

4. Telephone utilities. This section does not apply to any telephone utility other than a provider of provider of last resort service. The commission may not conduct or require a management audit under subsection 1 or 2 of a provider of provider of last resort service unless the commission finds that there is no less burdensome means of obtaining the information sought to be obtained in the management audit and: A. The provider has filed for an increase in provider of last resort service rates; [PL 2011, c. 623, Pt. A, §9 (NEW).] B. The provider has filed for an increase in funding from a state universal service fund under section 7104 ; or [PL 2011, c. 623, Pt. A, §9 (NEW).] C. The commission, following an investigation, finds that the provider's provider of last resort service quality has declined in a manner contrary to the public interest. [PL 2011, c. 623, Pt. A, §9 (NEW).] [PL 2011, c. 623, Pt. A, §9 (NEW).]

5. Public Advocate; access to information. Throughout the course of a management audit performed pursuant to this section, the commission, upon request of the Public Advocate, shall: A. Permit the Public Advocate to access information supplied by a public utility to the auditor and information supplied by the auditor to the commission; and [PL 2019, c. 251, §1 (NEW).] B. Provide the Public Advocate the opportunity to comment on information received under this subsection. [PL 2019, c. 251, §1 (NEW).] [PL 2019, c. 251, §1 (NEW).]
35-A M.R.S. § 3491 — ME Code / Title 35-A / Part 3 / Chapter 34-D / Section 3491
35-A §3491. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

1. Decommissioning. "Decommissioning" means the physical removal of all components of a solar energy development, including but not limited to solar panels and associated anchoring systems and foundations to a depth of at least 24 inches or to the depth of bedrock, whichever is less, and other structures, buildings, roads, fences, cables, electrical components or associated facilities and foundations to a depth of at least 24 inches or to the depth of bedrock, whichever is less, to the extent the components of the development are not otherwise in or proposed to be placed in productive use or otherwise authorized to remain in place by the environmental permitting entity. For any portion of a solar energy development located on land classified as farmland any time within 5 years preceding the start of construction of the development, "decommissioning" means the physical removal of all such components of the development to a depth of at least 48 inches or to the depth of bedrock, whichever is less, to the extent such components are not otherwise in or proposed to be placed in productive use or otherwise authorized to remain in place by the environmental permitting entity. "Decommissioning" includes the grading to postconstruction grade and revegetation of all earth disturbed during construction and decommissioning, except for areas already restored, providing for the recycling of the waste components of the solar energy development that are recyclable, including, but not limited to, the solar panels, by a facility authorized to accept such materials for recycling and providing for the disposal of the waste components of the solar energy development that are not recyclable by a facility authorized to accept such materials for disposal. [PL 2023, c. 300, §1 (AMD).]

2. Environmental permitting entity. "Environmental permitting entity" means: A. The Department of Environmental Protection in the case of a solar energy development: (1) Located wholly or partly outside of the unorganized and deorganized areas; or (2) Subject to the department's jurisdiction pursuant to Title 38, chapter 3, subchapter 1, article 6 ; or [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).] B. The Maine Land Use Planning Commission in the case of a solar energy development located wholly in the unorganized and deorganized areas and not subject to the jurisdiction of the Department of Environmental Protection pursuant to Title 38, chapter 3, subchapter 1, article 6 . [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).] [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

3. Farmland. "Farmland" has the same meaning as in Title 36, section 1102, subsection 4 . [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

4. Transfer of ownership. "Transfer of ownership" means a change in the legal entity that owns or operates a solar energy development. A sale or exchange of stock or membership interests or a merger is not a transfer of ownership as long as the legal entity that owns or operates the solar energy development remains the same. [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

5. Unorganized and deorganized areas. "Unorganized and deorganized areas" has the same meaning as in Title 12, section 682, subsection 1 . [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]
35-A M.R.S. § 3909 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3909
35-A §3909. Issuance of bonds and notes
Status: in_force

1. Notice. In the event that the trustees vote to authorize bonds or notes for a period exceeding one year or for acquisition of any plant or equipment, they shall provide notice to the general public of the proposed bond or note issue and the purposes for which the debt is being issued. The notice shall be published at least once in a newspaper having general circulation in the district. The trustees shall give notice to each voter of the district by mail. No such debt may be incurred under the vote of the trustees until the expiration of 7 full days following the date on which the notice was first published and mailed. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. District approval. The procedure for district approval of the issuance of bonds and notes is as follows. A. For bonds or notes which singly or in the aggregate included in any one financing amount to $150,000 or more, subject to adjustment relative to 1981 as the base year according to the annual Consumer Price Index, as published by the appropriate federal agency, the trustees shall call a special district meeting for the purpose of permitting members of the public to express their views concerning the proposed amount of debt. That meeting shall also express approval or disapproval of the proposed amount of debt. If a majority of voters present and voting expresses disapproval of the amount of debt proposed by the trustees, the debt shall not be incurred and the vote of the trustees authorizing it shall be of no effect. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The procedure of paragraph A shall also be followed for debts in amounts smaller than the amount specified in paragraph A, if requested by petition of not less than 50 qualified voters of the district, filed with the clerk of the district before the expiration of 7 full days after publication of the public notice required under subsection 1 . [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3402 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3402
35-A §3402. Legislative findings
Status: in_force

The Legislature finds that it is in the public interest to explore opportunities for and encourage the development, where appropriate, of wind energy production in the State in a manner that is consistent with all state and federal environmental standards and that achieves reliable, cost-effective, sustainable energy production on those sites in the State that will attract investment and permit the development of viable wind energy projects. The Legislature finds that the development of the wind energy potential in the State needs to be integrated into the existing energy supply and transmission systems in a way that achieves system reliability, total capital cost-effectiveness and optimum short-term and long-term benefits to Maine people. The Legislature finds it is in the public interest to encourage the construction and operation of community wind power generation facilities in the State. For the purposes of this chapter, "community wind power generation facility" means an electricity-generating facility at any one site with instantaneous generating nameplate capacity of not more than 10 megawatts that is powered entirely by wind energy. The Legislature also finds it is in the public interest to encourage wind energy research and the development of wind generation equipment manufacturing facilities in the State. [PL 2007, c. 693, §4 (AMD); PL 2007, c. 693, §37 (AFF).]

1. Contribution of wind energy development. The Legislature finds and declares that the wind energy resources of the State constitute a valuable indigenous and renewable energy resource and that wind energy development, which is unique in its benefits to and impacts on the natural environment, makes a significant contribution to the general welfare of the citizens of the State for the following reasons: A. Wind energy is an economically feasible, large-scale energy resource that does not rely on fossil fuel combustion or nuclear fission, thereby displacing electrical energy provided by these other sources and avoiding air pollution, waste disposal problems and hazards to human health from emissions, waste and by-products; consequently, wind energy development may address energy needs while making a significant contribution to achievement of the State's renewable energy and greenhouse gas reduction objectives, including those in Title 38, section 576‑A ; [PL 2019, c. 476, §3 (AMD).] B. At present and increasingly in the future with anticipated technological advances that promise to increase the number of places in the State where grid-scale wind energy development is economically viable, and changes in the electrical power market that favor clean power sources, wind energy may be used to displace electrical power that is generated from fossil fuel combustion and thus reduce our citizens' dependence on imported oil and natural gas and improve environmental quality and state and regional energy security; and [PL 2009, c. 615, Pt. A, §2 (AMD).] C. Renewable energy resources within the State and in the Gulf of Maine have the potential, over time, to provide enough energy for the State's homeowners and businesses to reduce their use of oil and liquid petroleum-fueled heating systems by transition to alternative, renewable energy-based heating systems and to reduce their use of petroleum-fueled motor vehicles by transition to electric-powered motor vehicles. Electrification of heating and transportation has potential to increase the State’s energy independence, to help stabilize total residential and commercial energy bills and to reduce greenhouse gas emissions. [PL 2009, c. 615, Pt. A, §2 (NEW).] [PL 2019, c. 476, §3 (AMD).]

2. Need for modification of regulatory process for siting wind energy developments. The Legislature finds that it is in the public interest to reduce the potential for controversy regarding siting of grid-scale wind energy development by expediting development in places where it is most compatible with existing patterns of development and resource values when considered broadly at the landscape level. Accordingly, the Legislature finds that certain aspects of the State's regulatory process for determining the environmental acceptability of wind energy developments should be modified to encourage the siting of wind energy developments in these areas. Such changes include, but are not limited to: A. Making wind energy development a permitted use within certain parts of the State's unorganized and deorganized areas; [PL 2007, c. 661, Pt. A, §5 (NEW).] B. Refining certain procedures of the Department of Environmental Protection and the Maine Land Use Planning Commission; and [PL 2007, c. 661, Pt. A, §5 (NEW); PL 2011, c. 682, §38 (REV).] C. Because the Legislature recognizes that wind turbines are potentially a highly visible feature of the landscape that will have an impact on views, judging the effects of wind energy development on scenic character and existing uses related to scenic character based on whether the development significantly compromises views from a scenic resource of state or national significance such that the development has an unreasonable adverse effect on the scenic character or existing uses related to the scenic character of that resource. [PL 2007, c. 661, Pt. A, §5 (NEW).] The Legislature further finds that, while wind energy may be developed at many sites with minimal site-specific environmental impacts, wind energy developments may have, in addition to their beneficial environmental effects and potential scenic impacts, specific adverse environmental effects that must be addressed in state permitting decisions pursuant to approval criteria tailored to address issues presented by wind energy development. Nothing in this section is meant to diminish the importance of addressing as appropriate site-specific impacts on natural values, including, but not limited to, wildlife, wildlife habitats and other ecological values. The Legislature further finds that development of the State's wind energy resources should be undertaken in a manner that ensures significant tangible benefits to the people of the State, including, but not limited to, residents of communities that host wind energy facilities; and that the State should seek to host a substantial amount of wind energy as part of a strategy to reduce greenhouse gas emissions and meet the goals established in the state climate action plan developed pursuant to Title 38, section 577 . [PL 2007, c. 661, Pt. A, §5 (NEW); PL 2011, c. 682, §38 (REV).]
35-A M.R.S. § 3306 — ME Code / Title 35-A / Part 3 / Chapter 33 / Section 3306
35-A §3306. Transactions
Status: in_force

1. Rate. The small power producer or cogenerator and the transmission and distribution utility shall determine the rate paid by the transmission and distribution utility for the purchase of electricity as described in this section. [PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Small power producer or cogenerator and public utility unable to agree. In the event that the small power producer or cogenerator and the transmission and distribution utility are unable to agree to a contract for electricity, or to a price for the electricity purchased by the utility, or to an equitable apportionment of existing transmission and distribution line improvement costs, the commission shall require the utility to purchase the power at such rates and under such terms as the commission establishes by rule or order. [PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Competing petitions filed by small power producers. In the event competing petitions are filed by small power producers or cogenerators that are otherwise equivalent with respect to the standards set forth in former section 3307 , and implementing rules adopted by the commission, the commission may give preference to any facility that is fueled primarily by municipal solid waste. [PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Apportionment of transmission and distribution line improvement costs. The commission shall base the equitable apportionment of existing transmission and distribution line improvement costs upon the benefits to the small power producer or cogenerator and the transmission and distribution utility. [PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Commission decision on petition. The commission shall issue a decision within 6 months from receipt of a petition signed by a small power producer, cogenerator or transmission and distribution utility for commission intercession. [PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

6. Filing fee. The petitioner or petitioners requesting commission intercession shall pay to the commission an amount equal to $1,600 per megawatt of capacity of the facility in issue. The petitioner or petitioners may request the commission to waive all or part of the filing fee. The commission shall rule on the request for waiver within 30 days. 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 any petitioner or petitioners and is not expended by the commission to process the request for intercession must be returned to the petitioner or petitioners. [PL 2021, c. 318, §13 (AMD).]
35-A M.R.S. § 714 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 714
35-A §714. Notice to commission
Status: in_force

Within 30 days of the commencement of operations by a utility of any business activity not regulated by the commission, the utility shall notify the commission of the existence of those operations. [PL 1997, c. 237, §2 (NEW).]
35-A M.R.S. § 6115 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6115
35-A §6115. Low-income assistance
Status: in_force

Notwithstanding any provision of law to the contrary, a water utility or group of water utilities may petition the commission for approval of a low-income assistance program to allow a qualifying low-income residential ratepayer to receive a discount or credit applying to the amount the residential ratepayer would otherwise owe to the water utility. The commission may approve the proposed discount or credit if it determines that the proposal is a cost-effective means of keeping water affordable for low-income residential ratepayers. The commission may not require a water utility to initiate a low-income assistance program pursuant to this section. [PL 2025, c. 137, §1 (NEW).]

For the purposes of this section, "residential ratepayer" means a customer who is considered residential under the terms and conditions of the water utility. [PL 2025, c. 137, §1 (NEW).]
35-A M.R.S. § 2502 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2502
35-A §2502. Definitions
Status: in_force

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

1. Applicable licensing authority or licensing authority. "Applicable licensing authority" or "licensing authority" means: A. The Department of Transportation, when the public way is a state or state-aid highway, except for state or state-aid highways in the compact areas of urban compact municipalities as defined in Title 23, section 754 ; [PL 1999, c. 753, §9 (AMD).] B. The municipal officers or their designees, when the public way is a city street or town way or a state or state-aid highway in the compact areas of urban compact municipalities and as defined in Title 23, section 754 ; and [PL 1999, c. 473, Pt. D, §8 (AMD).] C. The county commissioners, for all other public ways. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1999, c. 753, §9 (AMD).]

2. Compact area. [PL 1999, c. 473, Pt. D, §9 (RP).]

3. Facilities. "Facilities" means: A. If under the surface of the public way, pipes, cables and conduits; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. If on or over the surface of the public way, poles, guys, hydrants, cables, wires and any plant or equipment located on or over the surface of the public way. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Federal-aid highway system. [PL 1999, c. 753, §10 (RP).]
35-A M.R.S. § 10151 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10151
35-A §10151. Short title
Status: in_force

This chapter may be known and cited as "the Property Assessed Clean Energy Act" or "the PACE Act." [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 3485 — ME Code / Title 35-A / Part 3 / Chapter 34-C / Section 3485
35-A §3485. Commercial or institutional distributed generation resources procurement
Status: in_force

1. Procurement amounts. By July 1, 2024, the commission shall procure 125 megawatts of the output of distributed generation resources associated with commercial or institutional customer accounts by conducting an initial competitive solicitation for the first block of 25 megawatts pursuant to section 3484 to establish market‑based, declining block contract rates to procure the remaining 100 megawatts. [PL 2019, c. 478, Pt. B, §1 (NEW).]

2. Determination of bill credit. The bill credit allocated to a commercial or institutional customer must be based on the total kilowatt‑hours of energy production of the distributed generation resource for the previous month. For each billing month, the value of the credit must be calculated by multiplying the number of kilowatt‑hours by the contract rate. A payment to a commercial or institutional customer must be credited against the customer's monthly electricity bill in accordance with section 3487 . The monthly energy production must be determined by a revenue‑grade meter installed and paid for by the participating commercial or institutional customer. [PL 2019, c. 478, Pt. B, §1 (NEW).]

3. Exemption. A commercial or institutional customer is not considered a public utility or competitive electricity provider solely as a result of entering into a contract with a standard buyer under this section. [PL 2019, c. 478, Pt. B, §1 (NEW).]
35-A M.R.S. § 9402 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9402
35-A §9402. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 364, §3 (NEW).]

1. Advanced communications technology infrastructure. "Advanced communications technology infrastructure" means any communications technology infrastructure or infrastructure improvement that expands the deployment of, or improves the quality of, broadband availability and wireless service coverage. [PL 2021, c. 364, §3 (NEW).]

2. Authority. "Authority" means the Maine Connectivity Authority established in section 9404 . [PL 2021, c. 364, §3 (NEW).]

3. Bonds. "Bonds" means bonds, debts, notes or other evidences of indebtedness. [PL 2021, c. 364, §3 (NEW).]

4. Communications service. "Communications service" means any wireline voice, satellite, data, fixed wireless data or video retail service or cellular voice or data service. [PL 2021, c. 364, §3 (NEW).]

5. Project. "Project" means real property, personal property, equipment, fixtures, materials, wires, cables, labor and other improvements necessary and proper for the provision of advanced communications technology infrastructure. [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 1315 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1315
35-A §1315. Self-incrimination; immunity
Status: in_force

1. Self-incrimination. In any proceeding before the commission, if a person refuses to answer questions or produce evidence on the ground that that person may be incriminated and if the commission staff, in writing, and with the written approval of the Attorney General, requests the commission to order that person to answer the questions or produce the evidence, the commission, after notice to the witness and a hearing, shall so order unless it finds to do so would be clearly contrary to the public interest. [RR 2021, c. 1, Pt. B, §399 (COR).]

2. Immunity. If, but for this section, the person would have had the right to withhold the answers given or the evidence produced by that person, that person may not be prosecuted or subjected to penalty or forfeiture for or on account of any transaction or matter that concerns the answers that person gave or the evidence that person produced in accordance with the order. [RR 2021, c. 1, Pt. B, §399 (COR).]

3. Failure to comply. If a person fails to answer questions or produce evidence as ordered by the commission, following notice and hearing, that person is subject to the provisions of section 1502 . A person may be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt that that person commits in answering or failing to answer or in producing or failing to produce evidence in accordance with the order. [RR 2021, c. 1, Pt. B, §399 (COR).]
35-A M.R.S. § 3915 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3915
35-A §3915. Existing service areas
Status: in_force

A municipal power district may not serve as a public utility, as defined in section 102 , without consent from the commission in accordance with section 2102 . [PL 1995, c. 254, §11 (AMD).]
35-A M.R.S. § 1902 — ME Code / Title 35-A / Part 1 / Chapter 19 / Section 1902
35-A §1902. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2013, c. 369, Pt. B, §1 (NEW).]

1. Basis differential. "Basis differential" means the difference between the so-called Henry Hub spot price for natural gas and the corresponding cash spot price for natural gas in New England. [PL 2013, c. 369, Pt. B, §1 (NEW).]

2. Energy cost reduction contract. "Energy cost reduction contract" means a contract executed in accordance with this chapter to procure capacity on a natural gas transmission pipeline, including, when applicable, compression capacity. [PL 2015, c. 445, §1 (AMD).]

3. ISO-NE region. "ISO-NE region" means the region in which the New England bulk power system operated by the independent system operator of the New England bulk power system or a successor organization is located. [PL 2013, c. 369, Pt. B, §1 (NEW).]

3-A. Liquefied natural gas storage capacity. "Liquefied natural gas storage capacity" means storage capacity for liquefied natural gas installed in the State on or after January 1, 2016 that will benefit the State's energy consumers during times of regional supply constraint due to capacity limitations of interstate or intrastate pipelines or local distribution systems. [PL 2015, c. 445, §2 (NEW).]

3-B. Physical energy storage capacity. "Physical energy storage capacity" means liquefied natural gas storage capacity. [PL 2015, c. 445, §2 (NEW).]

3-C. Physical energy storage contract. "Physical energy storage contract" means a contract executed in accordance with this chapter for physical energy storage capacity. [PL 2015, c. 445, §2 (NEW).]

4. Pipeline capacity holder. "Pipeline capacity holder" means any person owning rights to natural gas pipeline capacity. [PL 2013, c. 369, Pt. B, §1 (NEW).]

5. Trust fund. "Trust fund" means the Energy Cost Reduction Trust Fund established under section 1907, subsection 1 . [PL 2013, c. 369, Pt. B, §1 (NEW).]
35-A M.R.S. § 10125 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10125
35-A §10125. Electric Vehicle Charging Infrastructure Fund
Status: in_force

1. Fund established. The Electric Vehicle Charging Infrastructure Fund is established as a nonlapsing fund administered by the trust to increase the availability and effectiveness of electric vehicle charging infrastructure in the State. Any interest earned on funds in the fund must be credited to the fund, and funds not spent in any fiscal year remain in the fund to be used in accordance with this section. The trust may receive and deposit in the fund funds from the following sources: A. Federal funds and awards that may be used for the purposes of this section; [PL 2019, c. 258, §1 (NEW).] B. Any interest earned on investment of fund balances; and [PL 2019, c. 258, §1 (NEW).] C. Any other funds from public or private sources received in support of the purposes for which the fund is established. [PL 2019, c. 258, §1 (NEW).] The trust may expend funds received under paragraphs A and C consistent with the allowable uses of and any criteria or limitations placed upon the expenditure of those funds by the sources of those funds. [PL 2021, c. 402, §1 (AMD).]
35-A M.R.S. § 3772 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3772
35-A §3772. Jurisdiction of Public Utilities Commission
Status: in_force

Cooperatives formed under this subchapter are public utilities and subject to the requirements of this Title, except for those requirements of this chapter which are inconsistent with the operation of cooperatives formed under this subchapter, notwithstanding any public or private laws to the contrary. Those cooperatives require the authorization of the commission to transmit, sell, supply or dispose of electric energy to any member of the cooperative. That authorization may be granted by order or rule. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 717 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 717
35-A §717. Joint use entity liaisons
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Disaster" has the same meaning as in Title 37‑B, section 703, subsection 2 . [PL 2021, c. 154, §1 (NEW).] B. "Facilities" has the same meaning as in section 2502, subsection 3 . [PL 2021, c. 154, §1 (NEW).] C. "Joint use entity" has the same meaning as in section 711, subsection 7, paragraph B . [PL 2021, c. 154, §1 (NEW).] [PL 2021, c. 154, §1 (NEW).]

2. Joint use entity; liaison designation. A joint use entity shall designate, in each county where the joint use entity has facilities, a permanent liaison with the applicable county emergency management agency to be responsible for assisting the agency with the coordination of actions during a disaster or civil emergency and shall communicate to the agency the contact information for the liaison. A joint use entity is responsible for ensuring that a permanent liaison designated under this subsection responds immediately to any contact or request for assistance during a disaster or civil emergency from the county emergency management agency to which the liaison is designated. [PL 2021, c. 154, §1 (NEW).]

3. County emergency management agency; information sharing. A county emergency management agency that receives a communication from a joint use entity designating a permanent liaison pursuant to subsection 2 shall communicate to that joint use entity the contact information for the employee or employees of the county emergency management agency responsible for coordinating the actions of the county emergency management agency during a disaster or civil emergency. [PL 2021, c. 154, §1 (NEW).]

Revisor's Note: §717. Winter terminations (As enacted by PL 2021, c. 347, §1 is REALLOCATED TO TITLE 35-A, SECTION 718)
35-A M.R.S. § 8502 — ME Code / Title 35-A / Part 7 / Chapter 85 / Section 8502
35-A §8502. Central office code conservation
Status: in_force

To the extent permitted under federal law, the commission may exercise jurisdiction, control and regulation over radio paging service for the purpose of implementing central office code conservation measures. [PL 1999, c. 60, §2 (NEW).]
35-A M.R.S. § 6706 — ME Code / Title 35-A / Part 6 / Chapter 67 / Section 6706
35-A §6706. Water utility line crossing railroad right-of-way
Status: in_force

Wherever a line or main of a water utility is located and about to be constructed across the right-of-way of a railroad, unless the officers of the water utility agree with the corporation operating the railroad as to the time, place, manner and conditions of the crossing, the commission upon petition of either party, after notice and hearing, shall determine the time, place, manner and conditions of the crossing. All the work within the limits of the railroad shall be done under the supervision of the officers of the corporation operating the railroad and to the satisfaction of the commission. The water utility shall bear the expense of the work. The commission shall report its decision in the same manner as in the case of highways located across railroads and subject to the same right of appeal. [PL 1987, c. 490, Pt. B, §17 (RPR).]
35-A M.R.S. § 2508 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2508
35-A §2508. Permits to specify time and place of opening
Status: in_force

Every permit for digging up and opening streets, roads and highways granted under this chapter must specify: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Time. The time during which the streets, roads or highways may remain open; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Place. The place where the opening may be made; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Surface. The number of square yards of surface which may be disturbed. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 9401 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9401
35-A §9401. Short title
Status: in_force

This chapter may be known and cited as "the Connectivity Infrastructure Act." [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 1302 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1302
35-A §1302. Complaints
Status: in_force

1. Filing a complaint. When a written complaint is made against a public utility by 10 persons aggrieved that the rates, tolls, charges, schedules or joint rate or rates of a public utility are in any respect unreasonable or unjustly discriminatory; that a regulation, measurement, practice or act of a public utility is in any respect unreasonable, insufficient or unjustly discriminatory; or that a service is inadequate or cannot be obtained, the commission, being satisfied that the petitioners are responsible, shall, with or without notice, investigate the complaint. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Processing of complaint. The commission, immediately upon the filing of a complaint, shall notify in writing the public utility complained of that a complaint has been made and of the nature of the complaint. The utility shall file its response to the complaint within 10 days of the date the notice of complaint is issued. After receipt of the response, if the commission is satisfied that the utility has taken adequate steps to remove the cause of the complaint or that the complaint is without merit, the complaint may be dismissed. If the complaint is not dismissed, the commission shall promptly set a date for a public hearing. The commission may allow for all parties to attempt to resolve the complaint to their mutual satisfaction. If a mutually satisfactory resolution does not appear to be forthcoming, the hearing shall be held on the complaint pursuant to section 1304 . The commission may not enter an order affecting the rates, tolls, charges, schedules, regulations, measurements, practices or acts complained of without an opportunity for public hearing. In the absence of an informal disposition pursuant to Title 5, section 9053 , the commission shall render a decision upon the complaint no later than 9 months after its filing. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Complaint by utility or commission. The commission may institute or any public utility may make complaint as to any matter affecting its own product, service or charges. The complaint shall be processed in accordance with subsection 2 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3496 — ME Code / Title 35-A / Part 3 / Chapter 34-D / Section 3496
35-A §3496. Administration and enforcement; rulemaking
Status: in_force

The Department of Environmental Protection shall administer and enforce this chapter with respect to the decommissioning of solar energy developments for which it is the environmental permitting entity, subject to the same powers and authorities granted to it pursuant to Title 38, chapter 2 , which may include, but are not limited to, the adoption of rules and the establishment of reasonable fees. The Maine Land Use Planning Commission shall administer and enforce this chapter with respect to the decommissioning of solar energy developments for which it is the environmental permitting entity, subject to the same powers and authorities granted to it pursuant to Title 12, chapter 206‑A , which may include, but are not limited to, the adoption of rules and the establishment of reasonable fees. [PL 2023, c. 215, §1 (AMD).]

Rules adopted by the Department of Environmental Protection or 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 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]
35-A M.R.S. § 1301 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1301
35-A §1301. Substantial compliance
Status: in_force

Substantial compliance by the commission with the requirements of this Title gives effect to all the commission's rules, orders and acts. The commission's rules, orders and acts may not be declared inoperative, illegal or void for an omission of a technical and immaterial nature. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 302-A — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 302-A
35-A §302-A. Rules governing political activities, promotional advertising, charitable contributions, educational expenditures and institutional advertising
Status: in_force

The commission shall adopt rules necessary to implement section 302 , including, but not limited to, rules concerning promotional advertising; promotional allowances, including, but not limited to, the granting of promotional rebates or credits; advertising to promote corporate image or goodwill; contributions to public charities as defined in Title 5, section 194, subsection 1 ; educational expenditures; or political activities, including major political activities, by a public utility or an affiliated interest as defined in section 707, subsection 1, paragraph A . Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 286, §2 (AMD); PL 2023, c. 286, §3 (AFF).]
35-A M.R.S. § 3911 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3911
35-A §3911. Eminent domain
Status: in_force

A district may exercise the right of eminent domain under the same conditions and for the same purposes as other transmission and distribution utilities under section 3136 . Title to property acquired must be taken in the name of the district. [PL 1999, c. 398, Pt. A, §91 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 2301-A — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2301-A
35-A §2301-A. University of Maine System may install lines on existing facilities
Status: in_force

The University of Maine System may install wires or lines on existing utility facilities located within or along a public right-of-way for the purpose of transmitting data and communications between and among University of Maine System facilities and partnering entities, wherever located, subject to the conditions and restrictions provided in this chapter and chapter 25 . For purposes of this section, "lines" does not include utility poles and "partnering entities" means organizations, wherever located, authorized to use the university's regional optical network for education and research institutions or other university data and communications systems. [PL 2007, c. 268, §1 (NEW).]
35-A M.R.S. § 10113 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10113
35-A §10113. Training for installers of energy equipment
Status: in_force

1. Installation training. To the extent that funds and resources allow, the trust may establish training programs for installers of energy equipment that most effectively meet the needs of the public. The trust: A. May develop separate programs for different energy technologies or services when the trust determines that the skills or training for the installation of those technologies or services merit the distinction; [PL 2021, c. 209, §6 (AMD).] A-1. May offer training programs to code enforcement officers, inspectors or other professionals involved in designing, marketing, regulating or educating about energy equipment; [PL 2021, c. 209, §6 (NEW).] A-2. May offer training programs to contractors or other professionals involved in designing, installing or constructing energy efficiency, weatherization or other building performance measures for homes and businesses; [PL 2021, c. 209, §6 (NEW).] B. Shall confer with relevant professional licensing boards and the Technical Building Codes and Standards Board under Title 10, section 9722 when it develops the course content and requirements; [PL 2021, c. 209, §6 (AMD).] C. Shall determine the content of the training, the hours required for course completion and the manner in which applicants must demonstrate proficiency in energy equipment installation; [PL 2021, c. 209, §6 (AMD).] D. May issue a certificate of completion to individuals who meet the requirements the trust has established; [PL 2021, c. 209, §6 (AMD).] E. May establish reasonable course fees. All fees must be paid to the trust to be used for the purposes of this section; [PL 2021, c. 209, §6 (AMD).] F. Shall determine terms for the expiration and renewal of an applicant's certificate of completion; and [PL 2009, c. 372, Pt. B, §3 (NEW).] G. Shall determine an appropriate means of maintaining recognition of the training received by persons holding certificates issued pursuant to former section 10002 or former Title 32, chapter 87 . [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2021, c. 209, §6 (AMD).]

2. Qualifications for installing energy equipment. A certificate of completion issued by the trust pursuant to subsection 1 does not exempt the holder from any applicable licensing requirements for activities involved in installing energy equipment, including but not limited to licensing requirements established in Title 32, chapter 17 or 49 . [PL 2021, c. 209, §6 (AMD).]

3. Effective date. This section takes effect July 1, 2010. [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 3404 — ME Code / Title 35-A / Part 3 / Chapter 34 / Section 3404
35-A §3404. Determination of public policy; state wind energy generation goals
Status: in_force

1. Encouragement of wind energy-related development. It is the policy of the State in furtherance of the goals established in subsection 2 , to encourage the attraction of appropriately sited development related to wind energy, including any additional transmission and other energy infrastructure needed to transport additional offshore wind energy to market, consistent with all state environmental standards; the permitting and financing of wind energy projects; and the siting, permitting, financing and construction of wind energy research and manufacturing facilities. [PL 2009, c. 615, Pt. A, §3 (AMD).]

2. State wind energy generation goal. The State's goal for wind energy development in proximate federal waters is for at least 3,000 megawatts of installed capacity by December 31, 2040. Beginning January 1, 2025 and every 2 years thereafter, the office may reevaluate and increase the goal established by this subsection and report that goal to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters. A. [PL 2023, c. 481, §3 (RP).] B. [PL 2023, c. 481, §3 (RP).] C. [PL 2023, c. 481, §3 (RP).] [PL 2023, c. 481, §3 (RPR).]

3. Wind energy development; impacts to fisheries. If, in reviewing a proposed commercial lease for a wind energy development for any purpose other than scientific research or technological development to be located in federal waters within lobster management area 1, the United States Department of the Interior, Bureau of Ocean Energy Management determines that the wind energy development would have a significant adverse impact on fisheries, the State shall request that the Bureau of Ocean Energy Management work to minimize that impact. For the purposes of this subsection, "wind energy development" has the same meaning as in section 3451, subsection 11 and "lobster management area 1" means the area defined by rule by the Department of Marine Resources. [PL 2021, c. 407, §1 (NEW).]
35-A M.R.S. § 10156 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10156
35-A §10156. PACE mortgages; collection of PACE assessments; priority
Status: in_force

1. Collection of assessments. PACE assessments do not constitute a tax but may be assessed and collected by the trust, a municipality or an agent designated by the trust or a municipality in any manner allowed under the PACE program, consistent with applicable laws. [PL 2009, c. 591, §1 (NEW).]

2. Notice; filing. A notice of a PACE agreement must be filed in the appropriate registry of deeds. The filing of this notice creates a PACE mortgage against the property subject to the PACE assessment until the amounts due under the terms of the PACE agreement are paid in full. A notice filed under this subsection must, at a minimum, include: A. The amount of funds disbursed or to be disbursed pursuant to the PACE agreement; [PL 2009, c. 591, §1 (NEW).] B. The names and addresses of the current owners of the qualifying property subject to the PACE assessment; [PL 2009, c. 591, §1 (NEW).] C. A description of the property subject to the PACE assessment, including its tax map and lot number; [PL 2009, c. 591, §1 (NEW).] D. The duration of the PACE agreement; and [PL 2009, c. 591, §1 (NEW).] E. The name and address of the entity filing the notice. [PL 2009, c. 591, §1 (NEW).] [PL 2009, c. 591, §1 (NEW).]

3. Priority. Except as provided in paragraph A, the priority of a PACE mortgage created under subsection 2 is determined based on the date of filing of notice required under subsection 2 and applicable law. A PACE mortgage is not entitled to any special or senior priority. A. If a property owner's PACE assessment payments are current, upon the refinancing, sale or transfer of the qualifying property, other than a judicial sale or foreclosure, the PACE mortgage is junior and subordinate in priority to the first mortgage used to refinance an existing mortgage or a first mortgage of a subsequent purchaser or transferee, regardless of the date of the recording of the refinanced first mortgage or the first mortgage of the subsequent purchaser or transferee. [PL 2009, c. 591, §1 (NEW).] B. If a property owner's PACE assessment payments are delinquent, the past due assessments must be satisfied prior to or contemporaneously with the refinancing, sale or transfer of the qualifying property, other than a judicial sale or foreclosure. [PL 2009, c. 591, §1 (NEW).] [PL 2009, c. 591, §1 (NEW).]

4. Judicial sale or foreclosure. In the event of a judicial sale or foreclosure of a property subject to a PACE mortgage, all parties with mortgages or liens on that property, including without limitation PACE mortgagees, must receive on account of such mortgages or liens sale proceeds in accordance with the priority established by applicable law. Following a judicial sale or foreclosure, any deficiency with respect to amounts previously secured by a PACE mortgage must be satisfied from the reserve fund established under subsection 6 . [PL 2009, c. 591, §1 (NEW).]

5. Release of mortgage. A municipality shall discharge a PACE mortgage created under subsection 2 upon full payment of the amount specified in the PACE agreement. The discharge of a PACE mortgage under this subsection must be filed with the appropriate registry of deeds. [PL 2009, c. 591, §1 (NEW).]

6. Reserve fund. The trust shall create a reserve fund to protect the trust in the event of a judicial sale or foreclosure of qualifying property subject to a PACE mortgage. The reserve fund may be funded by the trust using grant funds or interest charged on PACE mortgages. The reserve fund must be funded at a level sufficient to offset past due balances on PACE assessments and any remaining principal balances on those assessments, as reasonably predicted based on good lending practices. [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 702 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 702
35-A §702. Unjust discrimination
Status: in_force

1. Unjust discrimination. It is unlawful for a public utility to give any undue or unreasonable preference, advantage, prejudice or disadvantage to a particular person. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Solar energy. No public utility providing electric or gas service may consider the use of solar energy by a customer as a basis for establishing higher rates or charges for energy or service sold to the customer. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Service and facilities. Every public utility providing transmission and distribution or gas service, upon reasonable notice, shall furnish to all persons who may apply for facilities and service, suitable facilities and service consistent with policies approved or established by the commission, without undue delay and without unreasonable discrimination. [PL 1999, c. 398, Pt. A, §17 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 6803 — ME Code / Title 35-A / Part 6 / Chapter 68 / Section 6803
35-A §6803. Council organization
Status: in_force

The organizational documents of a regional water council must provide for representation of each member. The documents must specify the organizational structure, the method of withdrawal, the method of terminating the council and the grounds for suspension of members. [PL 2017, c. 58, §3 (AMD).]
35-A M.R.S. § 6411 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6411
35-A §6411. Standard districts; authorized to make and assume contracts
Status: in_force

A standard district, through its trustees, in order to carry out the purposes of its incorporation, may contract with persons, districts, municipalities, utilities or corporations. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 3914 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3914
35-A §3914. Quasi-municipal body
Status: in_force

A municipal power district formed in accordance with this chapter is a quasi-municipal corporation within the meaning of the laws of this State, including, but not restricted to, Title 36, section 651 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1319 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1319
35-A §1319. Certified copies of orders furnished
Status: in_force

The commission shall furnish a certified copy under the commission's seal of its orders to any person who applies and pays for it as provided in the commission's rules. A certified copy of an order is evidence of the facts stated in it. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3916 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3916
35-A §3916. Tribal power districts
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Passamaquoddy Indian territory" has the same meaning as in Title 30, section 6203, subsection 6 . [PL 2007, c. 189, §1 (NEW).] B. "Passamaquoddy Tribe" has the same meaning as in Title 30, section 6203, subsection 7 . [PL 2007, c. 189, §1 (NEW).] C. "Penobscot Indian territory" has the same meaning as in Title 30, section 6203, subsection 9 . [PL 2007, c. 189, §1 (NEW).] D. "Penobscot Nation" has the same meaning as in Title 30, section 6203, subsection 10 . [PL 2007, c. 189, §1 (NEW).] E. "Houlton Band of Maliseet Indians" has the same meaning as in Title 30, section 6203, subsection 2 . [PL 2025, c. 303, §2 (NEW).] F. "Houlton Band Trust Land" has the same meaning as in Title 30, section 6203, subsection 2‑A . [PL 2025, c. 303, §2 (NEW).] G. "Mi'kmaq Nation" has the same meaning as in Title 30, section 7203, subsection 4 . [PL 2025, c. 303, §2 (NEW).] H. "Mi'kmaq Nation Trust Land" has the same meaning as in Title 30, section 7203, subsection 6 . [PL 2025, c. 303, §2 (NEW).] [PL 2025, c. 303, §2 (AMD).]

2. Construction and application. This section must be construed to provide the Houlton Band of Maliseet Indians, the Mi'kmaq Nation, the Penobscot Nation and the Passamaquoddy Tribe the opportunity to acquire, develop, finance and provide electric power within their respective trust lands and Indian territories to allow them to develop a sustainable local economy. The rights applicable to municipal power districts as provided in this chapter apply to any tribal power district of the Houlton Band of Maliseet Indians, the Mi'kmaq Nation, the Penobscot Nation or the Passamaquoddy Tribe. [PL 2025, c. 303, §2 (AMD).]

3. Tribal power districts. The Houlton Band of Maliseet Indians, the Mi'kmaq Nation, the Penobscot Nation and the Passamaquoddy Tribe may form power districts pursuant to this chapter, referred to in this section as "tribal power districts." A tribal power district formed by the Houlton Band of Maliseet Indians, the Mi'kmaq Nation, the Penobscot Nation or the Passamaquoddy Tribe may consist of all or part of the Houlton Band Trust Land, the Mi'kmaq Nation Trust Land, the Penobscot Indian territory or the Passamaquoddy Indian territory, respectively. For the purpose of forming a tribal power district, the Houlton Band of Maliseet Indians, the Mi'kmaq Nation, the Penobscot Nation or the Passamaquoddy Tribe shall designate appropriate tribal officers and proceedings in place of municipal officers and proceedings to implement the provisions of this chapter and any other laws referenced in this chapter. Subject to the approval of the commission under sections 2102 and 2105 , a tribal power district may furnish electric power transmission, distribution and supply services within the district. An application by a tribal power district to furnish electric power transmission, distribution or supply services must identify the boundaries of the trust land or Indian territory to be served. Approval of the commission under sections 2102 and 2105 is not required for a tribal power district to generate or manufacture electricity within the district or to purchase, acquire, accumulate or sell electricity at wholesale or by private contract for use within the tribal power district. A tribal power district has the same rights, powers, privileges, obligations and limitations of a municipal power district formed under this chapter, including, but not limited to, the issuance of revenue obligation securities; the exemption of district property from taxation under Title 36, section 651 ; and, in the case of a tribal power district that has received approval from the commission under sections 2102 and 2105 , the right of eminent domain as provided under section 3911 . [PL 2025, c. 303, §2 (AMD).]
35-A M.R.S. § 2304 — ME Code / Title 35-A / Part 2 / Chapter 23 / Section 2304
35-A §2304. Gas utilities may lay pipelines
Status: in_force

Every gas utility organized under section 2101 for the purposes named in that section may lay its pipes in, along and under the roads and streets in any municipality in which it is authorized to supply gas, subject to the conditions and restrictions provided in this chapter and chapter 25 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

This section does not apply to state and state-aid highways maintained by the State. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 8302 — ME Code / Title 35-A / Part 7 / Chapter 83 / Section 8302
35-A §8302. Pole attachments
Status: in_force

If a cable television system and a voice service provider, dark fiber provider, wholesale competitive local exchange carrier or public utility fail to agree on the joint use of poles or other equipment or on the terms and conditions or compensation for the use, the matter is subject to section 711 . [PL 2011, c. 623, Pt. B, §30 (AMD).]
35-A M.R.S. § 3104 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3104
35-A §3104. Schedule of regular meter readings required
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Investor-owned transmission and distribution utility" means a transmission and distribution utility other than a consumer-owned transmission and distribution utility as defined in section 3201 . [PL 2003, c. 412, §1 (NEW).] [PL 2003, c. 412, §1 (NEW).]

2. Requirement. An investor-owned transmission and distribution utility shall adopt and ordinarily follow as a general operating policy a schedule of reading customer meters on a monthly basis. Any investor-owned transmission and distribution utility that plans to adopt a different policy, such as bimonthly meter readings, must receive prior approval of the commission. [PL 2003, c. 412, §1 (NEW).]
35-A M.R.S. § 10306 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10306
35-A §10306. Coordination; advice to state agencies
Status: in_force

The department shall advise state agencies regarding energy-related principles for agencies to consider, along with the laws and policies governing those agencies, in: [PL 2025, c. 476, Pt. A, §16 (NEW).]

1. State-owned land and assets. The sale, lease or other allowance for use of state-owned land or assets for the purpose of development of energy infrastructure; [PL 2025, c. 476, Pt. A, §16 (NEW).]

2. Revenue obligation securities. The issuance of revenue obligation securities for energy facilities pursuant to Title 10, section 1044 ; [PL 2025, c. 476, Pt. A, §16 (NEW).]

3. State facility energy programs. Energy programs at state facilities and operations to improve energy efficiency, greenhouse gas emissions reduction and demand management; and [PL 2025, c. 476, Pt. A, §16 (NEW).]

4. Energy program administration. The administration of state-funded and federally funded energy programs to support: A. The federal low-income home energy assistance program that provides heating assistance to eligible low-income persons and any state-funded or privately funded heating assistance program of a similar nature assigned to the department for administration; and [PL 2025, c. 476, Pt. A, §16 (NEW).] B. The federal weatherization assistance program that offers home weatherization grants and heating system upgrades to eligible low-income persons. [PL 2025, c. 476, Pt. A, §16 (NEW).] [PL 2025, c. 476, Pt. A, §16 (NEW).]

The department shall coordinate with the Department of Environmental Protection and the Office of Policy Innovation and the Future, established in Title 5, section 3102, on matters related to climate mitigation, greenhouse gas reduction strategies and adaptation policies. [PL 2025, c. 476, Pt. A, §16 (NEW).]

This section does not alter any of the responsibilities or limit any of the authority of the Department of Administrative and Financial Services, Bureau of General Services pursuant to Title 5 . This section does not alter or limit the ability of departments or agencies of the State, along with the Bureau of General Services pursuant to Title 5, to generate or cogenerate energy at state facilities for use on site and elsewhere. [PL 2025, c. 476, Pt. A, §16 (NEW).]