35-A M.R.S. § 3180 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3180
35-A §3180. Definitions
Status: in_force

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 490, Pt. B, §7 (NEW).]

1. Affiliate. "Affiliate" means any person who, as determined by the commission: A. Directly controls, is controlled by or is under common control with an electric generation enterprise; or [PL 1987, c. 490, Pt. B, §7 (NEW).] B. Substantially owns, is substantially owned by or is substantially under common ownership with, an electric generation enterprise. [PL 1987, c. 490, Pt. B, §7 (NEW).] [PL 1987, c. 490, Pt. B, §7 (NEW).]
35-A M.R.S. § 10201 — ME Code / Title 35-A / Part 8 / Chapter 101 / Section 10201
35-A §10201. Declaration of public purpose
Status: in_force

It is declared that the establishment and implementation of commercial property assessed clean energy, or commercial PACE, programs to finance energy savings improvements are public purposes. [PL 2021, c. 142, §1 (NEW).]
35-A M.R.S. § 4703 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4703
35-A §4703. Cost of gas adjustment
Status: in_force

1. Cost of gas; related costs. Subject to the approval of the commission, each gas utility shall charge its customers a cost-of-gas adjustment rate that includes reasonable costs for the gas that it supplies to its firm sales customers who receive uninterrupted service on a year-round basis. The cost of gas includes the cost of the gas purchased by the company for use in the State and may include costs directly related to the gas purchased and may include all or a portion of the cost of facilities used to produce and store gas, pursuant to rules adopted by the commission under this section. [PL 1997, c. 707, §5 (AMD).]

2. Cost of gas adjustment for firm and nonfirm customers. [PL 1997, c. 707, §6 (RP).]

2-A. Cost-of-gas adjustment for firm sales customers. Subject to the conditions of this section, a gas utility shall periodically adjust its cost-of-gas adjustment clause charges to its firm sales customers to reflect increases and decreases in the cost of gas. For purposes of this section, a "firm sales customer" means a customer that receives uninterrupted gas supply and transportation service from the gas utility on a year-round basis. Subject to the approval of the commission, the cost-of-gas adjustment charge must be billed at a uniform rate per 100 therms or 100 cubic feet of gas for customers of the gas utility receiving service pursuant to the same rate schedule. [PL 1997, c. 707, §7 (NEW).]

2-B. Cost-of-gas adjustment for nonfirm customers. The rates charged to nonfirm customers include a cost of gas determined by the commission. The total rate charged to nonfirm customers is subject to the approval of the commission. [PL 1997, c. 707, §7 (NEW).]

3. Scope of adjustment. The costs described in subsection 1 constitute the only items subject to adjustment, pursuant to rules adopted by the commission under this section, except that the commission may credit against the cost of gas any and all profits received by the gas utility from sales of gas to interruptible customers to the extent that the revenues exceed the actual costs of the interruptible sales. [PL 1997, c. 707, §8 (AMD).]

4. Cost of gas adjustment rate applied uniformly to firm customers. [PL 1997, c. 707, §9 (RP).]

5. Rules for calculation and billing of cost of gas adjustment. Within 120 days following the effective date of this section, the commission shall establish rules for the calculation and billing of cost of gas adjustments. The rules shall include, but not be limited to: A. The accounting method to be used to determine the cost of gas; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The computation period and method of computation of the cost of gas adjustment rate; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Definitions and components of gas costs to be included in the cost of gas adjustment; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. An appropriate method to amortize a utility's unrecovered reasonable gas costs; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. An appropriate method to credit customers for gas cost overcharges; and [PL 1987, c. 141, Pt. A, §6 (NEW).] F. Reporting requirements to administer this section. [PL 1987, c. 141, Pt. A, §6 (NEW).] The commission may establish a cost of gas adjustment rate for a computation period based on projected gas sales and gas costs for that period, and make appropriate adjustments for overcharges or undercharges in customer bills in subsequent computation periods to account for the difference between the projected gas sales and costs and actual gas sales and reasonable gas costs. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Commission approval required. A utility may not bill customers for a cost of gas adjustment charge which has not been approved and ordered into effect by the commission pursuant to this section. Each gas utility shall file application for changes in its cost of gas adjustment rate in accordance with rules promulgated under this section. The commission shall issue public notice of the application and the opportunity to request a hearing within 7 days after the application is filed with the commission. The commission may render its decision on the application without holding a public hearing. If a public hearing is held, the commission shall hold the first session within 45 days of the filing of the application. The commission shall render its decision on the application within 45 days of the close of the hearing, or within 45 days of receipt of the application if no hearing is held. No gas utility may make application for changes in its cost of gas adjustment rate until a period of 90 days has elapsed from the filing of its last application, unless otherwise ordered by the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Reports. The commission may require gas utilities to provide such reports and information as it determines necessary to administer this section. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3604 — ME Code / Title 35-A / Part 3 / Chapter 36 / Section 3604
35-A §3604. Long-term contracts for community-based renewable energy
Status: in_force

Long-term contracts with program participants who elect the long-term contract for community-based renewable energy pursuant to section 3603, subsection 4, paragraph A are governed by this section. [PL 2009, c. 329, Pt. A, §4 (NEW).]

1. Investor-owned transmission and distribution utilities; required participation. Notwithstanding section 3204 , the commission may direct investor-owned transmission and distribution utilities to enter into long-term contracts with program participants located within the service territory of the utility for energy, capacity resources or renewable energy credits. 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, capacity resources or renewable energy credits purchased pursuant to this subsection into the wholesale electricity market or take other action relative to such energy, capacity resources or renewable energy credits as directed by the commission. [PL 2009, c. 329, Pt. A, §4 (NEW).]

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 program participants located within the service territory of the utility for energy, capacity resources or renewable energy credits. 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 2009, c. 329, Pt. A, §4 (NEW).]

3. Sale of energy; contract procedures. Energy, capacity resources or renewable energy credits contracted in long-term contracts pursuant to this section may be sold into the wholesale electricity market 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. [RR 2021, c. 2, Pt. A, §124 (COR).]

4. Contract term. A contract entered into pursuant to this section may not be for more than 20 years. [PL 2009, c. 329, Pt. A, §4 (NEW).]

5. Contract pricing; cost containment. The commission shall ensure that in any contract entered into pursuant to this section: A. The average price per kilowatt-hour within each contract year does not exceed 10¢; and [PL 2009, c. 329, Pt. A, §4 (NEW).] B. The cost of the contract does not exceed the cost of the project plus a reasonable rate of return on investment as determined by the commission. [PL 2009, c. 329, Pt. A, §4 (NEW).] [PL 2009, c. 329, Pt. A, §4 (NEW).]

6. Competitive solicitation process and contract negotiation; large generators. For program participants with a generating capacity of one megawatt or more, the commission shall, in accordance with this subsection, conduct competitive solicitations for long-term contracts. The commission shall require that bids include full project cost disclosure. Following a review of bids received, the commission may negotiate with one or more potential suppliers. The commission shall negotiate contracts that are commercially reasonable and that commit all parties to commercially reasonable behavior. In selecting program participants for contracting pursuant to this subsection, the commission shall select program participants that are competitive and the lowest priced when compared to other available bids of the same or similar contract duration or terms. [PL 2009, c. 329, Pt. A, §4 (NEW).]

7. Contract administration; small generators. For program participants with a generating capacity of less than one megawatt, the commission shall administer long-term contracts at prices established by the commission by rule. The commission shall, at a minimum, establish prices for energy generated by the following renewable resources: A. Wind power installations; [PL 2009, c. 329, Pt. A, §4 (NEW).] B. Solar arrays and installations; and [PL 2009, c. 329, Pt. A, §4 (NEW).] C. Any other renewable resource upon request of one or more community-based renewable energy generators that use that resource. [PL 2009, c. 329, Pt. A, §4 (NEW).] The commission shall establish prices under this subsection based on an analysis of reasonable costs and may establish different prices for different resources or technologies and different prices by time of generation in accordance with that analysis. [PL 2009, c. 329, Pt. A, §4 (NEW).]

8. 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 2013, c. 454, §4 (RPR).]

9. Contract payments. Contracts for capacity and related energy entered into pursuant to this section must provide that payments will be made only after contracted amounts of energy have been provided. [PL 2009, c. 329, Pt. A, §4 (NEW).]

10. 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 2009, c. 329, Pt. A, §4 (NEW).]
35-A M.R.S. § 4501 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4501
35-A §4501. Declaration of policy
Status: in_force

It is declared that the business of transporting natural gas within the State by interstate or intrastate natural gas pipeline utilities affects the public interest and that the health, safety and welfare of the inhabitants of the State require regulation in matters relating to the transportation of natural gas to the extent provided in this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 10122 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10122
35-A §10122. Health care facility program
Status: in_force

The trust shall develop and implement a process to review projects undertaken by health care facilities that are directed solely at reducing energy costs through energy efficiency, renewable energy technology or smart grid technology and to certify those projects that are likely to be cost-effective. If a project is certified as likely to be cost-effective by the trust, the review process serves as an alternative to the certificate of need process established pursuant to Title 22, section 329, subsection 3 . [PL 2011, c. 424, Pt. A, §6 (NEW); PL 2011, c. 424, Pt. E, §1 (AFF).]
35-A M.R.S. § 6510 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6510
35-A §6510. Service of injunction
Status: in_force

1. Injunction may be served on a person who is not a party. An injunction issued against a person may be served on that person whether or not that person is a party to the action, and that person is liable to all the penalties and consequences provided for a breach of the injunction. [RR 2021, c. 1, Pt. B, §431 (COR).]

2. Violation of injunction. The court may order a person who violates the injunction, after service, or who uses the property to show cause at a time fixed why a decree should not be entered and execution issued against that person and that person's goods and estate for the damages, interest, costs and additional damages and costs for breach of the injunction. [RR 2021, c. 1, Pt. B, §431 (COR).]

3. Court may enter decree. Upon service and return of the order, the court may enter a decree that is just and equitable against the person and issue execution accordingly or may proceed against the person for breach of injunction. [RR 2021, c. 1, Pt. B, §431 (COR).]
35-A M.R.S. § 2515 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2515
35-A §2515. Liability; damages
Status: in_force

Every corporation organized under section 2101 and former section 2109 and every entity authorized under section 2301 to construct lines is liable in all cases to repay a municipality all sums of money that the municipality is obliged to pay on a judgment recovered against it for damages caused by an obstruction, digging up or displacement of a way or street by the corporation or entity, together with attorney's fees and expenses necessarily incurred in defending the municipality in the actions. The corporation or entity must: [PL 2011, c. 623, Pt. B, §11 (AMD).]

1. Notice. Be notified of the commencement of any civil actions for damage; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Right to defend. Have the right to defend the action at its own expense. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2519 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2519
35-A §2519. Power and authority conferred are additional
Status: in_force

The power and authority conferred on municipal officers under sections 2517 and 2518 are in addition to those vested in municipal officers under sections 2501 to 2507 and 2512 . Nothing in sections 2517 and 2518 may be construed as giving to any party the right of appeal from the decisions, specifications, orders or permits, or alterations of the decisions, specifications, orders or permits of the municipal officers under this chapter and chapter 23 except as provided in section 2506 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6110 — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6110
35-A §6110. Injunctive relief for violations of municipal shoreland zoning ordinances
Status: in_force

Pursuant to Title 38, section 444‑A , any water utility may commence a civil action for a violation of municipal shoreland zoning ordinances. [PL 1989, c. 878, Pt. F, §5 (NEW).]
35-A M.R.S. § 106 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 106
35-A §106. Chair of the Public Utilities Commission
Status: in_force

The following provisions apply to the chair of the Public Utilities Commission. [RR 2021, c. 1, Pt. B, §394 (COR).]

1. Appointment. The Governor shall designate one member of the commission as chair. [RR 2021, c. 1, Pt. B, §394 (COR).]

2. General duties. The chair shall: A. Be the principal executive officer of the commission in carrying out its policies; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Preside at meetings of the commission; and [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Be responsible for the expedient organization of the commission's work. [PL 1987, c. 141, Pt. A, §6 (NEW).] [RR 2021, c. 1, Pt. B, §394 (COR).]

3. Hearings. For any particular hearing or series of hearings before the commission, the chair may assign the chair or another commissioner to attend. [RR 2021, c. 1, Pt. B, §394 (COR).]

4. Acting chair. When absent one working day or more, the chair shall name another commissioner to act as chair. [RR 2021, c. 1, Pt. B, §394 (COR).]
35-A M.R.S. § 2505 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2505
35-A §2505. Damages; recovery of award and costs
Status: in_force

An owner of land near or adjoining a highway or road along which lines are constructed, erected or altered in location or construction by any person may recover damages as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Assessment of damages. If the owner's property is in any way injuriously affected or lessened in value, whether by occupation of the ground or air or otherwise by the construction, alteration or location of a line, whether the owner is the owner of the fee in the way or not, the owner may within 6 months after the construction, alteration or location apply to the municipal officers to assess and appraise the damage. [RR 2021, c. 1, Pt. B, §401 (COR).]

2. Duties of municipal officers. Before entering upon the service, the municipal officers shall each be sworn to perform faithfully and impartially the following duties. A. They shall on view make a just appraisement in writing of the loss or damage, including the elements of damage as provided for land taken for highway purposes under Title 23, section 154, subsections 2 , 3 and 4 , if any, to the applicant. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. They shall sign duplicates of the written appraisement. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. They shall on demand deliver one copy to the applicant and the other to the person constructing the line or that person's agent. [RR 2021, c. 1, Pt. B, §402 (COR).] [RR 2021, c. 1, Pt. B, §402 (COR).]

3. Award and costs. If damages are assessed and awarded to the land owner the person constructing the line shall pay them, with the costs of the appraisers. If the appraisers find that the applicant has suffered no damage, the landowner shall pay the costs of the appraisers. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Failure to pay award and costs. If the award and costs are not paid within 30 days after a written demand for them is served upon the person or any of the person's agents, the owner of land may bring a civil action to recover the award and costs in the Superior Court for the county in which the land is located. Full costs must be allowed. [RR 2021, c. 1, Pt. B, §403 (COR).]

5. Municipal officers fees. Before entering upon the discharge of their duties under this section, the municipal officers may require the applicant to advance them their fees for one day and from day to day after they have entered upon the discharge of their duties. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4151 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4151
35-A §4151. Bonds and notes
Status: in_force

1. Bonds and notes. The issuance of bonds, notes and other evidences of indebtedness is subject to the following. A. The agency may, from time to time, issue its bonds, notes or other evidences of indebtedness in the principal amount as the agency determines is necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on bonds, notes or other evidences of indebtedness of the agency, establishment of reserves to secure the bonds, notes or other evidences of indebtedness and all other expenditures of the agency incident to and necessary or convenient to carry out its corporate purposes and powers. Without limiting the generality of this paragraph, the bonds, notes or other evidences of indebtedness may be issued for project costs or the agency's share of project costs. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The agency may, from time to time, issue notes, renew notes and bonds, pay notes, including the interest on them and, whenever it determines refunding expedient, refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Except as may otherwise be expressly provided by resolution of the agency, every issue of its bonds, notes or other evidences of indebtedness shall be general obligations of the agency, payable out of any revenue or money of the agency, subject only to any agreements with the holders of particular bonds, notes or other evidences of indebtedness pledging any particular revenues. [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Bonds, notes or other evidences of indebtedness may be issued in accordance with this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).] E. The bonds, notes or other evidences of indebtedness shall be authorized by resolution of the agency, bear the date and mature at the time as the resolution may provide. The bonds may be issued as serial bonds payable in annual installments or as term bonds, or as a combination of them. The resolution may provide that the bonds, notes or other evidences of indebtedness bear interest at a given rate or may provide a method of determining a rate, be in certain denominations, in temporary, coupon or registered form, carry certain registration privileges, be executed in a given manner, payable in a given medium of payment, at a place inside or outside the State and subject to specified terms of redemption. The bonds, notes or other evidences of indebtedness of the agency may be sold by the agency, at public or private sale, at the price the agency determines. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Authorization. Any resolution authorizing any bonds, notes or other evidences of indebtedness or any issue of them, may contain provisions which shall be a part of the contract or contracts with the bond or noteholders, as to: A. Pledging, mortgaging or granting a security interest in any real or personal property and all or any part of the revenues of the agency or any revenue-producing contract made by the agency with any person to secure the payment of the notes or bonds or of any issue of them subject to agreements with noteholders or bondholders that may then exist; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The custody, collection, securing, investment and payment of any revenues, assets, money, funds or property with respect to which the agency may have any rights or interest [PL 1987, c. 141, Pt. A, §6 (NEW).] C. The rates or charges for electricity sold by, or services rendered by, the agency, the amount to be raised by the rates or charges and the use and disposition of any revenue; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. The setting aside of reserves or sinking funds and their regulation and disposition; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. Limitations on the purpose to which the proceeds of sale of bonds, notes or other evidences of indebtedness may be applied and the pledging of the proceeds to secure the payment of the bonds, notes or other evidences of indebtedness or of any issue of them; [PL 1987, c. 141, Pt. A, §6 (NEW).] F. Limitations on the issuance of additional bonds, notes or other evidences of indebtedness the terms upon which additional bonds, notes or other evidences of indebtedness may be issued and secured and the refunding of outstanding or other bonds, notes or other evidences of indebtedness; [PL 1987, c. 141, Pt. A, §6 (NEW).] G. The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of bonds, notes or other evidences of indebtedness the holders must consent and the manner in which consent may be given; [PL 1987, c. 141, Pt. A, §6 (NEW).] H. The vesting in a trustee or trustees, inside or outside the State, of such property, rights, powers and duties in trust as the agency may determine, which may include any of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers and duties of the trustee; [PL 1987, c. 141, Pt. A, §6 (NEW).] I. Defining the act or omission to act which constitutes a default in the obligations and duties of the agency to the holders of the bonds, notes or other evidences of indebtedness and providing for the rights and remedies of the holders of the bonds, notes or other evidences of indebtedness in the event of such default, space including as a matter of right the appointment of a receiver, which rights and remedies may vary from those provided in section 4156 ; and [PL 1987, c. 141, Pt. A, §6 (NEW).] J. Any other matters, of like or different character, which in any way affect the security or protection of the holders of the bonds, notes or other evidences of indebtedness. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Pledges. Any pledge made by the agency is valid and binding from the time when the pledge is made. The revenue, money or property pledged and then received by the agency shall immediately be subject to the lien of the pledge without any physical delivery of it or further act. That pledge is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the agency, irrespective of whether those parties have notice of it. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Liability. Neither the directors nor executive officers of the agency nor any other person executing the bonds, notes or other evidences of indebtedness may be subject to any personal liability or accountability by reason of the issuance of the bonds, notes or other evidences of indebtedness. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Agency; power. The agency, subject to whatever agreement with noteholders or bondholders as may then exist, may, out of any funds available for that purpose, purchase notes or bonds of the agency, which shall then be canceled. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Bonds or notes secured. In the discretion of the agency, the bonds, notes or other evidences of indebtedness may be secured by a trust indenture by and between the agency and a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside the State. The trust indenture may contain provisions for protecting and enforcing the rights and remedies of the noteholders or bondholders that may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the agency in relation to the exercise of its corporate powers and the custody, safeguarding and application of all money. The agency may provide by the trust indenture for the payment of the proceeds of the bonds or notes and the revenue to the trustee under the trust indenture or other depository and for the method of disbursement, with safeguards and restrictions as it may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expense of the agency. If the bonds or notes are secured by a trust indenture, the trust indenture may provide that the noteholders and bondholders may not appoint a separate trustee to represent them. [RR 2019, c. 1, Pt. A, §53 (COR).]

7. Negotiability of bonds or notes. Unless the agency expressly provides otherwise, a bond, note or other evidence of indebtedness issued under this chapter is fully negotiable for all purposes of the applicable provisions of Title 11 and each holder or owner of a bond or note, or any coupon appurtenant to a bond or note, by accepting the bond, note or coupon shall be conclusively deemed to have agreed that the bond, note or coupon is fully negotiable for those purposes. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Investment securities. All bonds, notes and interest coupons appertaining to them issued by the agency have all the qualities and incidents, including negotiability, unless the agency expressly provides otherwise, of investment securities under the applicable provisions of Title 11, Article 8‑A , but no provision of Title 11, Article 9‑A , respecting the filing of a financing statement to perfect a security interest is applicable to any pledge made or security interest created in connection with the issuance of the bonds, notes or coupons. [PL 1999, c. 699, Pt. D, §25 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]

9. Signature; validity. If any director or executive officer of the agency whose signature appears on any notes, bonds or coupons ceases to be a director or executive officer before the delivery of the notes or bonds, the signature is valid for all purposes as if that director or executive officer had remained in office until that delivery. [RR 2021, c. 1, Pt. B, §424 (COR).]
35-A M.R.S. § 3627 — ME Code / Title 35-A / Part 3 / Chapter 36-A / Section 3627
35-A §3627. Regulatory approvals; use of public resources
Status: in_force

1. Regulatory approval. The development, siting and operation of a combined heat and power project is subject to all applicable regulatory reviews and approvals required by governmental entities, including, but not limited to, municipalities and state agencies, pursuant to law, ordinance or rule. [PL 2021, c. 604, §3 (NEW).]

2. Use of publicly owned land, water or facilities. Nothing in this chapter limits the authority of the State or a political subdivision of the State to use publicly owned land, water or facilities in the development and operation of a combined heat and power project or to lease publicly owned land, water or facilities to other qualifying owners for the development and operation of a combined heat and power project. [PL 2021, c. 604, §3 (NEW).]
35-A M.R.S. § 315 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 315
35-A §315. Transmission and distribution utility line extension construction
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Line" has the same meaning as in section 314, subsection 1, paragraph A . [PL 2011, c. 484, §1 (NEW).] B. "Make-ready work" means work necessary to connect a line extension to existing utility infrastructure. [PL 2011, c. 484, §1 (NEW).] [PL 2011, c. 484, §1 (NEW).]

2. Line extension charge. Amounts charged by a transmission and distribution utility serving more than 500,000 retail customers for a line extension are governed by this subsection. A. Through a proceeding or rulemaking and in accordance with this section and section 314 , the commission shall establish the method to be used by a transmission and distribution utility serving more than 500,000 retail customers for line extension pricing. The method may include the amount to be charged per foot for the completion of a line extension. [PL 2011, c. 484, §1 (NEW).] B. Revenue received by a transmission and distribution utility serving more than 500,000 retail customers from a telephone utility may not be used to offset the total cost of or amount charged to a customer for a line extension. [PL 2011, c. 484, §1 (NEW).] C. A transmission and distribution utility serving more than 500,000 retail customers shall report annually to the commission, on a date determined by the commission, the total amount charged to customers for line extensions and the total actual costs to the transmission and distribution utility serving more than 500,000 retail customers to complete those line extensions for a prior 12-month period determined by the commission. [PL 2011, c. 484, §1 (NEW).] D. If a report pursuant to paragraph C demonstrates that charges to customers for line extensions are less than 95% of total actual costs or greater than 105% of total actual costs during the reporting period, the commission, within 30 days of the date of the filing of the report, shall open an investigation to determine the appropriate adjustments to be made to the method used by the transmission and distribution utility pursuant to paragraph A to establish the amount charged to a customer for a line extension so that the total amount charged to customers is no less than 95% and no more than 105% of total actual costs for the line extensions. [PL 2011, c. 484, §1 (NEW).] [PL 2011, c. 484, §1 (NEW).]

3. Cost recovery. Any cost associated with construction of a line extension that is not recovered by a transmission and distribution utility serving more than 500,000 retail customers through the charges established in accordance with subsection 2 must be borne by the utility and may not be recovered in rates. [PL 2011, c. 484, §1 (NEW).]

4. Fees for make-ready work. A transmission and distribution utility serving more than 500,000 retail customers may charge a customer taking polyphase service the actual costs of make-ready work associated with that customer's service. A transmission and distribution utility serving more than 500,000 retail customers may not charge a customer taking single-phase service for make-ready work associated with that customer's service. A transmission and distribution utility serving more than 500,000 retail customers may recover costs associated with such single-phase service make-ready work in rates. [PL 2011, c. 484, §1 (NEW).]

5. Rules. The commission shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 484, §1 (NEW).]

Nothing in this section may be construed to limit the activities of a transmission and distribution utility serving 500,000 or fewer retail customers. [PL 2011, c. 484, §1 (NEW).]
35-A M.R.S. § 9406 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9406
35-A §9406. Issuance of bonds
Status: in_force

1. Conclusive authorization. All bonds of the authority must be conclusively presumed to be fully authorized and issued under the laws of the State, and any person or governmental unit is estopped from questioning their authorization, sale, issuance, execution or delivery by the authority. [PL 2021, c. 364, §3 (NEW).]

2. Maturity; interest. The securities of each issue of bonds must be dated, must mature at a time or times not exceeding 30 years from their date and must bear interest at a rate or rates determined by the authority. At the option of the authority, the bonds may be made redeemable before maturity at a price or prices and under terms and conditions fixed prior to their issuance. [PL 2021, c. 364, §3 (NEW).]

3. Form. The authority shall determine the form of the bonds, including any attached interest coupons, the manner of execution of the bonds, the denomination or denominations of the bonds and the place or places for payment of principal and interest, which may be at any financial institution within or without the State. Bonds must be executed in the name of the authority by the manual or facsimile signature of the authorized official or officials. Signatures and facsimiles of signatures on bonds are valid for all purposes even if the authorized official ceases to hold office before delivery of the bonds. The bonds may be issued in coupon or registered form or both as the authority may determine. In addition to this subsection, the authority may provide for transfer of registration of its registered bonds by book entry on the records of the entity designated for that purpose and may enter into such contractual arrangements as may be necessary to accomplish these purposes. In the event a book entry method of transfer is used, principal of and interest on those registered bonds must be payable to the registered owner shown in the book entry or the legal representatives, successors or transferees of the registered owner. [PL 2021, c. 364, §3 (NEW).]

4. Sale. The authority may sell the bonds at a public or private sale, in a manner and at a price it determines is in the best interest of the authority. [PL 2021, c. 364, §3 (NEW).]

5. Credit not pledged. Bonds of the authority do not constitute any debt or liability of the State or of any municipality in the State or any political subdivision of the State, or of the authority or a pledge of the faith and credit of the State or of any such municipality or political subdivision, but are payable solely from the revenues of the project or projects for which they are issued or from other eligible collateral or the revenues or proceeds of other eligible collateral pledged to the payment of the bonds and all such bonds must contain on their face a statement to that effect. The issuance of the bonds does not directly or indirectly or contingently obligate the State or any municipality or political subdivision to levy or to pledge any form of taxation or to make any appropriation for their payment. [PL 2021, c. 364, §3 (NEW).]

6. Anticipatory borrowing. In anticipation of the sale of bonds, the authority may issue temporary notes and renewal notes, the total stated amount of which does not exceed at any one time outstanding the authorized amount of the bonds. The period of such anticipatory borrowing may not exceed 5 years and the time within which the bonds are to become due may not be extended by the anticipatory borrowing beyond the term permitted by this section. [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 708 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 708
35-A §708. Reorganizations
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Reorganization" means any creation, organization, extension, consolidation, merger, transfer of ownership or control, liquidation, dissolution or termination, direct or indirect, in whole or in part, of an affiliated interest as defined in section 707 accomplished by the issue, sale, acquisition, lease, exchange, distribution or transfer of voting securities or property. The commission may decide what other public utility actions constitute a reorganization to which the provisions of this section apply. Reorganizations include any reorganization for which a proceeding for approval is pending before any state or federal agency or court on or after July 13, 1982. For purposes of this subsection, a reorganization does not include any proceeding under the federal antitrust laws or the transfer of voting securities by gift, device or inheritance. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. "Voting security" means any security presently entitling the owner or holder of any security to vote in the direction or management of the affairs of a company or any proprietary or other interest serving the same purposes. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. "Controlling interest" means: (1) Voting power over voting shares of a corporation or entity that entitle the holders of those shares to cast at least 25% of the votes that all shareholders are entitled to cast in an election of the directors of the corporation or entity; or (2) Voting power over at least 25% of the shares in any class of shares entitled to elect all the directors or any specified number of the directors. For the purposes of this section, a person does not have a controlling interest if that person holds voting power, in good faith and not for the purpose of circumventing this section, as an agent, bank, broker, nominee or trustee for one or more beneficial owners who do not individually or, if they are a group acting in concert, as a group have the voting power specified under this paragraph or who are not considered to have a controlling interest under this paragraph. A person has voting power over a voting share if that person has shares, directly or indirectly, through any option, contract, arrangement, understanding, voting trust or conversion right or, by acting jointly or in concert or otherwise, has the power to vote, or to direct the voting of, that voting share. [PL 2011, c. 623, Pt. A, §13 (NEW).] [PL 2011, c. 623, Pt. A, §13 (AMD).]

1-A. Legislative findings. The Legislature finds it is in the public interest to ensure that a reorganization of a public utility that would result in the transfer of ownership and control of a public utility or the parent company of a public utility serves the interest of the utility's ratepayers. [PL 2019, c. 353, §1 (NEW); PL 2019, c. 353, §§3, 4 (AFF).]

2. Reorganization subject to commission approval. Reorganization is subject to commission approval as follows. A. Unless exempted by rule or order of the commission, a reorganization may not take place without the approval of the commission. A reorganization may not be approved by the commission unless it is established by the applicant for approval that the reorganization is consistent with the interests of the utility's ratepayers and investors. If a reorganization would result in the transfer of ownership and control of a public utility or the parent company of a public utility, a reorganization may not be approved by the commission unless it is established by the applicant for approval that the reorganization provides net benefits to the utility's ratepayers. The commission shall rule upon all requests for approval of a reorganization within 60 days of the filing of the request for approval. If it determines that the necessary investigation cannot be concluded within 60 days, the commission may extend the period for a further period of no more than 120 days, unless this period is extended either by agreement of all the parties or by the commission upon its determination that the party seeking the extension would be unreasonably disadvantaged because of circumstances beyond that party's control unless the extension were granted, as long as the party prior to the request for the extension had prosecuted its case in good faith and with due diligence. In granting its approval, the commission shall impose such terms, conditions or requirements as, in its judgment, are necessary to protect the interests of ratepayers. These conditions must include provisions that ensure the following: (1) That the commission has reasonable access to books, records, documents and other information relating to the utility or any of its affiliates, except that the Public Utilities Commission may not have access to trade secrets unless it is essential to the protection of the interests of ratepayers or investors. The commission shall afford trade secrets and other information such protection from public disclosure as is provided in the Maine Rules of Civil Procedure; (2) That the commission has all reasonable powers to detect, identify, review and approve or disapprove all transactions between affiliated interests; (3) That the utility's ability to attract capital on reasonable terms, including the maintenance of a reasonable capital structure, is not impaired; (4) That the ability of the utility to provide safe, reasonable and adequate service is not impaired; (5) That the utility continues to be subject to applicable laws, principles and rules governing the regulation of public utilities; (6) That the utility's credit is not impaired or adversely affected; (7) That reasonable limitations be imposed upon the total level of investment in nonutility business, except that the commission may not approve or disapprove of the nature of the nonutility business; (8) That the commission has reasonable remedial power including, but not limited to, the power, after notice to the utility and all affiliated entities of the issues to be determined and the opportunity for an adjudicatory proceeding, to order divestiture of or by the utility in the event that divestiture is necessary to protect the interest of the utility, ratepayers or investors. A divestiture order must provide a reasonable period within which the divestiture must be completed; and (9) That neither ratepayers nor investors are adversely affected by the reorganization, and if the reorganization would result in the transfer of ownership and control of a public utility or the parent company of a public utility, that the reorganization provides net benefits to the utility's ratepayers. [PL 2023, c. 168, §6 (AMD).] B. The commission may intervene on behalf of the State in any proceeding before any state or federal agency or court before which an application for approval of reorganization is pending. The commission may enter into any binding settlement related to any proceeding in which the commission has intervened and may exercise any powers or rights provided by that settlement and may enforce these powers or rights. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. In determining whether a utility reorganization that would result in the transfer of ownership and control of a public utility or the parent company of a public utility provides net benefits to the utility's ratepayers pursuant to paragraph A , the commission, at a minimum, shall examine: (1) Whether the reorganization will result in a rate increase for the utility's ratepayers; and (2) Whether the reorganization will result in a loss of local control of the utility's management and operations in a manner that limits the ability of local management to protect the interests of the utility's ratepayers in this State. [PL 2019, c. 353, §2 (NEW); PL 2019, c. 353, §§3, 4 (AFF).] [PL 2023, c. 168, §6 (AMD).]

2-A. Approval does not affect rate-making powers. Commission approval of a reorganization under this section may not limit or restrict the powers of the commission in determining and fixing any rate, fare, tolls, charge, classification, schedule or joint rate as provided in this Title. [PL 1989, c. 159, §3 (NEW).]

3. Waiver. The commission may, by general rule, exempt classes of reorganizations from the requirements of subsection 2 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Filing fee. Within 30 days after the application for approval of a reorganization is filed pursuant to subsection 2 , the commission may order the applicant to pay a filing fee not to exceed 5/100 of 1% of the transaction value as determined by the commission if the commission determines that the application may involve issues that would necessitate significant additional costs to the commission, except that, if a reorganization would result in the transfer of ownership and control of a public utility or the parent company of a public utility, the commission shall order the applicant to pay to the commission a filing fee in an amount equal to 5/100 of 1% of the transaction value as determined by the commission. The applicant may request the commission to waive all or a portion of the filing fee. The commission shall rule on the request for waiver within 30 days. Notwithstanding any other provision of law, filing fees paid as required in this subsection must be segregated, apportioned and expended by the commission for the purposes of processing the application. Any portion of the filing fee that is received from an applicant and is not expended by the commission to process the application must be returned to the applicant. [PL 2021, c. 318, §5 (AMD).]

4-A. Filing fee to Office of the Public Advocate. When an applicant pays a filing fee to the commission pursuant to subsection 4 , the applicant shall, at the same time, pay to the Office of the Public Advocate a filing fee not to exceed 3/100 of 1% of the total transaction value of the reorganization, as determined by the commission, if the office determines that the application may involve issues that would necessitate significant additional costs to the office. The applicant may request the Office of the Public Advocate to waive all or a portion of the filing fee. The Office of the Public Advocate shall decide on the waiver request within 30 days. Filing fees paid as required under this subsection must be segregated, apportioned and expended by the Office of the Public Advocate for the purposes of representing the interests of consumers in the proceeding before the commission or conducting public outreach to inform consumers about the proceeding. The Office of the Public Advocate shall return any portion of the filing fee that is not expended for these purposes to the applicant who paid the fee. [PL 2021, c. 195, §1 (NEW).]

5. Limitation. The provisions of this section do not apply to any telephone utility other than a provider of provider of last resort service and apply to a provider of provider of last resort service only if the reorganization results in a merger, sale or transfer of a controlling interest of the provider of provider of last resort service. [PL 2011, c. 623, Pt. A, §14 (NEW).]
35-A M.R.S. § 2105 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2105
35-A §2105. Approval only after hearing
Status: in_force

1. Approval only after hearing. Except as provided in subsection 2 , no approval required by section 2102 , 2103 or 2104 and no license, permit or franchise may be granted to any person to operate, manage or control a public utility named in section 2101 in a municipality where there is in operation a public utility engaged in similar service or authorized to provide similar service, until the commission has made a declaration, after public hearing of all parties interested, that public convenience and necessity require a 2nd public utility. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Declaration without hearing. The commission may make a declaration without public hearing, if it appears that the utility serving or authorized to serve, the utility seeking approval from the commission to provide service and any customer or customers to receive service agree that the utility seeking approval to serve should provide service. [RR 2009, c. 2, §102 (COR).]
35-A M.R.S. § 6104-A — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6104-A
35-A §6104-A. Consumer-owned water utilities; streamlined ratemaking
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Large consumer-owned water utility" means a consumer-owned water utility with total annual revenues of at least $1,000,000 during the most recent fiscal year. [PL 2023, c. 325, §5 (AMD).] B. "Medium consumer-owned water utility" means a consumer-owned water utility with total annual revenues of less than $1,000,000 and at least $500,000 during the most recent fiscal year. [PL 2023, c. 325, §5 (AMD).] C. "Small consumer-owned water utility" means a consumer-owned water utility with total annual revenues of less than $500,000 during the most recent fiscal year. [PL 2023, c. 325, §5 (AMD).] [PL 2023, c. 325, §5 (AMD).]

2. Application of this section; qualification; supporting materials. Notwithstanding section 310 or section 6104 , any consumer-owned water utility may elect to increase rates pursuant to this section. A. [PL 2011, c. 106, §1 (RP).] B. [PL 2011, c. 106, §1 (RP).] The consumer-owned water utility shall file its proposed rate increase, in accordance with the limits established in subsection 3 , along with a copy of all materials required to be submitted under section 6104, subsection 4‑A supporting the proposed rate increase with the commission and the Public Advocate at least 30 days prior to the public meeting required under subsection 4 . A copy of the required materials supporting the proposed rate increase must be made available to customers for examination at the offices of the utility for at least 30 days prior to the public meeting. The utility shall promptly provide any readily available relevant additional material or information requested by a customer, the commission or the Public Advocate. [PL 2011, c. 106, §1 (AMD).]

3. Maximum rate increase. The maximum rate increase that a consumer-owned water utility may propose under this section: A. Is 3% of current rates if the utility is a large consumer-owned water utility. The cumulative total of rate increases under this paragraph may not exceed 10% over 5 years; [PL 2011, c. 106, §1 (AMD).] B. Is 5% of current rates if the utility is a medium consumer-owned water utility. The cumulative total of rate increases under this paragraph may not exceed 15% over 5 years; and [PL 2011, c. 106, §1 (AMD).] C. Is 7.5% of current rates if the utility is a small consumer-owned water utility. The cumulative total of rate increases under this paragraph may not exceed 20% over 5 years. [PL 2011, c. 106, §1 (AMD).] [PL 2011, c. 106, §1 (AMD).]

4. Utilities that set rates under this section; public meeting required. Consumer-owned water utilities that qualify to increase rates under this section may not increase any rate, toll or charge without first holding a public meeting at which the Public Advocate and any customer may provide comment and may question the officials present regarding the proposed rate increase. [PL 2009, c. 237, §2 (NEW).]

5. Notice of proposed rate increase and public meeting. The consumer-owned water utility shall, at least 14 days prior to the public meeting required under subsection 4 , provide notice of the proposed rate change and the date, time, place and purpose of the meeting to its customers in a manner prescribed by the commission. Any such notice must include a statement describing the amount of the rate increase and the percentage change for each customer class, the customer's right to request information relating to the present and proposed rates and the availability of assistance from the Public Advocate. Copies of all notices must be sent to the commission and the Public Advocate at least 14 days prior to the meeting. [PL 2023, c. 325, §6 (AMD).]

6. Public meeting; vote of governing body; minutes. At the commencement of each public meeting held pursuant to this section, the consumer-owned water utility shall inform those present of the reason for the rate change. Each public meeting held pursuant to this section must include a public comment period. After the public meeting, the governing body of the consumer-owned water utility shall hold a meeting to deliberate and vote on the proposed rate increase, which may be modified on the basis of the public comment received during the public meeting. The consumer-owned water utility shall take minutes of the public meeting and the subsequent meeting of the governing body. Within 30 days of the public meeting, the consumer-owned water utility shall file with the commission and the Public Advocate a copy of the minutes of that meeting, which must include a record of the public comment received. Within 30 days of the meeting of the governing body of the consumer-owned water utility held under this subsection, the consumer-owned water utility shall file with the commission and the Public Advocate a copy of the minutes of that meeting, which must include the vote of the governing body, along with responses of the governing body to the public comment received. A copy of the minutes of each meeting must be made available to customers for examination at the offices of the utility. [PL 2009, c. 237, §2 (NEW).]

7. Filing changed rates. The consumer-owned water utility shall file its changed rates with the commission within 30 days of the vote of the governing body of the consumer-owned water utility under subsection 6 , but not sooner than 10 days following the vote. [PL 2009, c. 237, §2 (NEW).]

8. Effective date established for rate change. Subject to the notice and waiver requirements of section 307 , consumer-owned water utilities electing to set rates under this section may establish an effective date for a rate change of at least one month, but not more than 9 months, from the date the rates are filed with the commission under subsection 7 . [PL 2009, c. 237, §2 (NEW).]

9. Review of rates under section 310. Nothing in this section prohibits a consumer-owned water utility from petitioning the commission for review pursuant to section 310 or filing a rate change pursuant to section 6104 . [PL 2023, c. 325, §7 (AMD).]

10. Correction of errors. Upon review of a rate filing made pursuant to this section, the commission may order the consumer-owned water utility to correct mathematical or clerical errors. [PL 2009, c. 237, §2 (NEW).]
35-A M.R.S. § 4707 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4707
35-A §4707. Stranded costs; notice of risk
Status: in_force

Notwithstanding any other provision of this Title, costs arising from obligations incurred by a gas utility after March 1, 1998, other than costs or obligations that are beyond the control of the gas utility, determined by the commission in an adjudicatory proceeding to be unrecoverable as a result of competition or deregulation are incurred at the risk of the shareholders of the gas utility and may not be borne by ratepayers of the gas utility. This section may not be interpreted as requiring that costs incurred prior to March 1, 1998 be recovered from ratepayers. [PL 1997, c. 707, §10 (NEW).]
35-A M.R.S. § 3172 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3172
35-A §3172. Policy
Status: in_force

It is declared that it is a policy of the State to insure an adequate transmission and distribution utility service to older citizens at a price they can afford. Older citizens today face a special crisis in surviving under the constant increase in the cost of living and particularly in the cost of fuel and utility services. It is the purpose of lifeline transmission and distribution service to alleviate the upward spiral in the cost of transmission and distribution service to older citizens and at the same time to encourage as well as reward the conservation of scarce energy supplies by adopting the approach of constant per unit cost for the use of electricity. It is the policy of the State that older citizens be able to receive transmission and distribution service for basic necessities of modern life, such as lighting and refrigeration, at a stable, fair and reasonable minimum cost and to encourage the reduction of electricity consumption for all other uses beyond such basic necessities. [PL 1999, c. 398, Pt. A, §67 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 4701 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4701
35-A §4701. Gas utilities authorized to deal in natural gas
Status: in_force

Any gas utility is authorized to buy, sell, furnish, transport, store, distribute, dispose of or otherwise deal in natural gas and a mixture of natural gas and manufactured gas and their by-products, to the same extent and with the same rights, privileges and limitations conferred or imposed upon it with respect to manufactured gas, and within the same territorial limitations within which it is authorized to deal in manufactured gas. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2103 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2103
35-A §2103. Transmission and distribution utility and cooperative authorized to serve same area
Status: in_force

After September 1, 1967, where a cooperative organized under chapter 37 and any other transmission and distribution utility are serving or authorized to serve the same municipality, neither the cooperative nor the other utility may bring electrical service to a new location except as provided in this section. [PL 1999, c. 398, Pt. A, §31 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

1. Notice. The cooperative or utility must notify the other cooperative or utility and the commission, in writing, of the request by the party for electrical service, where bringing the service requires the extension of existing distribution facilities. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Filing objections. If, after notice, the other cooperative or utility opposes the bringing of electrical service to the new service location, within 7 days of receipt of the notice of proposed service, it shall: A. File objections to the bringing of the electrical service with the commission; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Send a copy of its objections to the utility or cooperative and to the party requesting electrical service. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Decision. If objections are filed, the commission shall immediately set a hearing date, and shall determine whether the cooperative or the other utility shall serve. If, after notice, either the cooperative or the utility fails to file its objections pursuant to subsection 2 , it will be conclusively presumed that the cooperative or the utility, as the case may be, has consented to the furnishing of the service. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Temporary service pending a decision. Pending the final determination of the right to serve, the commission may order temporary service brought to the prospective new service location without prejudice to the rights of any party. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 9205 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9205
35-A §9205. General powers
Status: in_force

In order to carry out the purposes of this chapter, the authority has the following powers with respect to a project together with all powers incidental to or necessary for the performance of these powers: [PL 2005, c. 665, §3 (NEW).]

1. Power to sue and be sued. To sue or initiate or appear in any proceeding. The authority may be sued on its written contracts or in accordance with Title 1, section 409 ; Title 5, chapter 375 ; or Title 14, chapter 741 ; [PL 2005, c. 665, §3 (NEW).]

2. Official seal. To adopt and have an official seal and alter the seal at pleasure; [PL 2005, c. 665, §3 (NEW).]

3. Bylaws; rules. To adopt bylaws and any rule necessary or useful for carrying out any of the authority's powers or duties pursuant to this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A ; [PL 2019, c. 2, §1 (AMD).]

4. Acquire real or personal property. To acquire real or personal property or any interest in real or personal property, including rights or easements, on either a temporary or long-term basis by gift, purchase, transfer, foreclosure, lease or otherwise; to improve, hold, sell with or without public bidding, assign, lease, rent, encumber, mortgage or otherwise dispose of any real or personal property, any interest in real or personal property or mortgage interests owned or in its control, custody or possession; and to release or relinquish any right, title claim, lien, interest, easement or demand, however acquired, including threat of foreclosure; [PL 2005, c. 665, §3 (NEW).]

5. Prepare and plan projects and facilities. To prepare or cause to be prepared plans, specifications, designs and estimates of costs for the construction and equipment for a project and attendant facilities and from time to time to modify or cause to be modified those plans, specifications, designs or estimates; [PL 2005, c. 665, §3 (NEW).]

6. Improve and equip project and attendant facilities. By contract or contracts to construct, acquire, alter, repair, reconstruct, rehabilitate, improve and equip a project and necessary and usual attendant facilities; [PL 2005, c. 665, §3 (NEW).]

7. Maintain, reconstruct and operate. To maintain, reconstruct and operate, or cause to be maintained, reconstructed and operated, a project; [PL 2005, c. 665, §3 (NEW).]

8. Fix and collect fees. To fix and collect fees, lease-rentals and other charges for the use of a project to transmit voice, data or video signals and to provide for the adoption of such reasonable and proper rules as may be necessary to ensure the maximum use at all times of the facilities of any project; [PL 2005, c. 665, §3 (NEW).]

9. Provide for financing or refinancing. To provide financing for a project or to provide for refinancing of existing indebtedness and for the financing of the project and of other necessary and usual attendant facilities; [PL 2005, c. 665, §3 (NEW).]

10. Make and execute contracts. To make and execute contracts and other instruments and enter into such transactions as necessary or convenient for the exercise of the authority's powers and functions under this chapter; [PL 2005, c. 665, §3 (NEW).]

11. Agreements; acceptions; contributions; aid; grants. To enter into agreements with and accept loans, aid, contributions, grants and the cooperation or assistance of the United States, or any agency of the United States, or of the State or any agency or governmental subdivision in furtherance of the purposes of this chapter, including, but not limited to, the development and financing of a project, and to do all things necessary in order to avail the authority of those loans, aid, contributions, grants and cooperation; [PL 2005, c. 665, §3 (NEW).]

12. Accept aid or contributions. To receive and accept from any source aid or contributions of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this chapter, subject to the conditions upon which those grants and contributions are made, including, but not limited to, gifts or grants from any department or agency of the United States or the State for any purpose consistent with this chapter; [PL 2005, c. 665, §3 (NEW).]

13. Insurance. To procure insurance against any loss in connection with the authority's securities and its property and other assets in such amounts and from such insurers as it considers desirable; [PL 2005, c. 665, §3 (NEW).]

14. Modification of contract, lease, indenture or agreement. To consent to any modification of any contract, lease, indenture or agreement of any kind to which the authority is a party; [PL 2005, c. 665, §3 (NEW).]

15. Manage or operate real and personal property. To manage or operate, or cause to be managed or operated, real and personal property, to take assignments of leases and rentals or to take any other action necessary or incidental to the performance of the authority's duties under this chapter; [PL 2005, c. 665, §3 (NEW).]

16. Lease or rent facilities or equipment used to transmit voice, data or video signals. To lease or rent any facilities or equipment for a project for such amounts as the authority determines to a communications service provider to further the purposes of this chapter, as long as the obligation of the service provider is considered a binding contract with the authority and as long as no liability on account of the authority may be incurred beyond the money available for that purpose and may be considered a liability of the State; [PL 2005, c. 665, §3 (NEW).]

17. Investments. Except as otherwise provided in this chapter, to invest any funds not needed for immediate use, including any funds held in reserve, in property or in securities in which fiduciaries in the State may legally invest funds; [PL 2005, c. 665, §3 (NEW).]

18. Appearances. To appear on the authority's own behalf before boards, commissions, departments or agencies of a municipality or the State Government or the Federal Government; [PL 2005, c. 665, §3 (NEW).]

19. Executive director; other employees. To employ an executive director, consulting engineers, architects, attorneys, accountants, construction and financial experts and such other employees and agents as may be necessary in the authority's judgment; and [PL 2005, c. 665, §3 (NEW).]

20. All acts granted or implied. To do any act necessary or convenient to exercise the powers granted in this chapter or reasonably implied by this chapter. [PL 2005, c. 665, §3 (NEW).]
35-A M.R.S. § 3707 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3707
35-A §3707. Recordation of mortgages; effect
Status: in_force

All after-acquired property of a cooperative or foreign corporation described or referred to as being mortgaged or pledged in a mortgage, deed of trust or other instrument is subject to the lien on that property immediately upon the acquisition of the property by the cooperative or foreign corporation, whether or not the property was in existence at the time of the execution of the mortgage, deed of trust or other instrument. Recordation of a mortgage, deed of trust or other instrument constitutes notice and otherwise has the same effect with respect to the after-acquired property owned by the cooperative or foreign corporation at the time of the execution of the mortgage, deed of trust or other instrument and described or referred to in the instrument as being mortgaged or pledged. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4171 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4171
35-A §4171. Annual reports; audit
Status: in_force

On or before 90 days after the end of each fiscal year, the agency shall submit a report of its activities for the preceding fiscal year to the Governor, the commission and the Legislature. Each report shall set forth a complete operating and financial statement covering its operations during the year, and shall contain a full and complete statement of the agency's anticipated budget and operations for the ensuing year. The agency shall cause an audit of its books and accounts to be made at least once in each fiscal year by certified public accountants. The cost shall be considered an expense of the agency and copies shall be filed with the Treasurer of State. [PL 1987, c. 141, Pt. A, §6 (NEW).]

The State Auditor and the State Auditor's authorized representatives may at any time examine the accounts and books of the agency, including its receipts, disbursements, contracts, sinking funds, investments and any other matters relating to its financial statements. [RR 2021, c. 1, Pt. B, §425 (COR).]
35-A M.R.S. § 3102 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3102
35-A §3102. Recovery of cost of canceled or abandoned electric generating facility or transmission or distribution plant
Status: in_force

1. Determining rate-making treatment. In determining the rate-making treatment for a utility's investment in a canceled or abandoned electric generating facility or transmission or distribution plant, the commission shall balance the interests of the utility and ratepayers in a just and reasonable manner in each individual case. The commission may not permit a utility to recover in rates any costs incurred imprudently in relation to an investment in a canceled or abandoned electric generating facility or transmission or distribution plant. [PL 1999, c. 398, Pt. A, §43 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Canceled or abandoned generating facility or transmission or distribution plant. As used in this section, the term "canceled or abandoned generating facility or transmission or distribution plant" means any electric generating facility or transmission or distribution plant canceled or abandoned by the owner or by the joint participants in the facility in accordance with the terms of applicable agreements or otherwise. [PL 1999, c. 398, Pt. A, §43 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Exception. [PL 1999, c. 398, Pt. A, §43 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. This section not intended to indicate preference. [PL 1999, c. 398, Pt. A, §43 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Canceled plant recovery filing fee. [PL 1999, c. 398, Pt. A, §43 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 3736 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3736
35-A §3736. Waiver of notice
Status: in_force

Any person entitled to notice of a meeting may waive the notice in writing either before or after the meeting. If the person attends the meeting, that person's attendance constitutes a waiver of notice of the meeting, unless the person participates in the meeting solely to object to the transaction of any business because the meeting has not been legally called or convened. [RR 2021, c. 1, Pt. B, §416 (COR).]
35-A M.R.S. § 10160 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10160
35-A §10160. Construction; home rule
Status: in_force

Nothing in this chapter may be construed to limit the home rule authority of a municipality. [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 2506 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2506
35-A §2506. Appeals; costs
Status: in_force

Either party aggrieved by the assessment of damages may, within 20 days after the award, appeal to the Superior Court as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).]

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

2. Decision. After entry, the matter shall be determined by a jury, or by the court by agreement of parties, in the same manner as other civil actions. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Costs. If the person constructing the line appeals and the award is not decreased, the person constructing the line shall pay the costs. If the applicant appeals and the award is not increased, the applicant shall pay the costs. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4710 — ME Code / Title 35-A / Part 4 / Chapter 47 / Section 4710
35-A §4710. Eminent domain
Status: in_force

Subject to the provisions of this section, a natural gas utility may take and hold by right of eminent domain lands or rights in lands necessary to the safe, economical and efficient operation of a pipeline and to the provision of adequate service to the public. For purposes of this section, the term "natural gas utility" means an intrastate natural gas pipeline utility or a gas utility other than a gas utility over which the commission's jurisdiction is limited pursuant to section 4702‑A . [PL 2011, c. 197, §3 (AMD).]

1. Conditions and standards. A natural gas utility may take and hold by right of eminent domain lands or rights in lands necessary to the safe, economical and efficient operation of the pipeline and to the provision of adequate service to the public if: A. The natural gas utility has obtained from the commission: (1) In the case of a gas utility, authority to provide gas utility service to the area to be served by the proposed pipeline; or (2) In the case of an intrastate natural gas pipeline utility, authority pursuant to chapter 45 to construct and operate the proposed pipeline; [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] B. The natural gas utility has complied with the provisions of this chapter and in the case of a foreign natural gas utility with Title 13‑C, chapter 15 ; [RR 2001, c. 2, Pt. B, §57 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).] C. The natural gas utility has obtained from the commission approval of the location to be taken in a proceeding conducted in accordance with the following. (1) The commission shall fix a time for a hearing and give written notice of the hearing to the property owner and to the utility seeking to acquire the property. The hearing must be held in the county where the property is situated, unless all parties agree to a different location. At the hearing, all parties in interest may be heard either in person or by attorney, and witnesses may be summoned by either party and attendance compelled as before other judicial tribunals. (2) The burden of proof to show the necessity of the particular taking rests on the utility seeking to acquire the property. (3) The decision of a majority of the commissioners is final as to questions of fact. (4) The commission must issue a written approval if it finds that the taking is necessary and in the public interest, except that the commission's examination of environmental issues affecting the public interest may consist only of whether the natural gas utility has obtained required environmental permits for the proposed pipeline, excluding permits that the utility can not obtain without possessing rights in the property proposed to be taken. (5) The commission shall issue a written decision within 30 days of a filing of a request for approval, except that the commission may extend its review of the request for an additional 30 days if it determines additional time is necessary to adequately complete its review. The commission may extend its review for more than an additional 30 days if a party requests an extension of more than 30 days and the commission finds that the additional time is required to avoid unfairness to a party; and [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] D. The right of eminent domain is exercised in the manner and under the conditions set forth in chapter 65 . [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] [RR 2001, c. 2, Pt. B, §57 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

2. Public utility facilities. Nothing in this section authorizes a natural gas utility to take by eminent domain property or facilities of another public utility, used or acquired for use in the performance of a public duty, unless expressly authorized in this section or by an act of the Legislature. [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).]

3. Owner's consent required. A natural gas utility may not take, without the owner's consent: A. Meetinghouses; [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] B. Dwelling houses; or [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] C. Public or private burying grounds. [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).]

4. Public lands. A natural gas utility may not take by eminent domain lands or rights in: A. A public street or highway; [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] B. A public park or reservation; [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] C. Other public property; or [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] D. The location of a railroad or public utility. [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).] [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).]

5. Pipeline constructed under or through public property. A natural gas utility may construct a natural gas pipeline under or through a public highway or street, public park or reservation or other public property if the method, plans and specifications for construction have been approved by the authority having jurisdiction over the maintenance of the public highway or street, public park or reservation or other public property and the authority has granted a written location permit to the utility in accordance with section 2302 . The natural gas utility has all the rights, privileges and duties arising out of section 2302 to the extent they apply to a natural gas utility. [PL 1999, c. 605, §2 (NEW); PL 1999, c. 605, §3 (AFF).]

6. Pipelines constructed over or across railroad or public utility. A natural gas utility may construct a natural gas pipeline over or across the location of a railroad or public utility by agreement with the railroad or public utility or, in the event of failure to agree, with the commission's approval and in a place and manner and under conditions determined by the commission. Notwithstanding subsection 4, paragraph D , the commission's approval of a natural gas utility's crossing of a railroad may include authorization pursuant to this section for the natural gas utility to take by eminent domain an easement across the railroad. For purposes of this section "railroad" includes, but is not limited to, a railroad whose abandonment has been approved pursuant to 49 United States Code, Chapter 109. This subsection does not permit the commission to authorize the taking of an easement over lands owned by the State. All work on the property of a railroad or public utility must be done under the supervision and to the satisfaction of the railroad or public utility, but at the natural gas utility's expense. [PL 2001, c. 608, §4 (AMD).]
35-A M.R.S. § 3132-A — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3132-A
35-A §3132-A. Construction of transmission or subtransmission projects prohibited without approval of the commission
Status: in_force

A person may not construct any transmission project or subtransmission project without approval from the commission. For the purposes of this section, "transmission project" means any proposed new or upgraded transmission substation infrastructure that is capable of operating at 69 kilovolts or more. "Subtransmission project" means any proposed new or upgraded transmission line, substation component or associated infrastructure that is capable of operating at less than 69 kilovolts and projected to cost in excess of $5,000,000. [PL 2023, c. 355, §7 (AMD).]

1. Submission requirement. A person that proposes to undertake in the State a transmission project or subtransmission project must provide the commission with a description of the need for the proposed transmission project or subtransmission project. A. [PL 2017, c. 201, §5 (RP).] B. [PL 2017, c. 201, §5 (RP).] [PL 2023, c. 355, §7 (AMD).]

1-A. Nonwires alternatives investigation; consideration. In considering whether to approve or disapprove all or portions of a proposed transmission project or subtransmission project pursuant to subsection 2 , the commission shall, for a transmission project or subtransmission project proposed by an investor-owned transmission and distribution utility, consider the results and recommendations of an investigation by the nonwires alternative coordinator conducted in accordance with section 3132‑C . [PL 2023, c. 355, §7 (AMD).]

2. Commission approval of a proposed transmission project or subtransmission project; nonwires alternatives. In order for a transmission project or subtransmission project to be approved, the commission must consider whether the identified need over the effective life of the proposed transmission project or subtransmission project can be reliably and more cost-effectively met using nonwires alternatives. In its review and consideration of nonwires alternatives, as required by subsection 1‑A , the commission shall give preference to nonwires alternatives that have been identified as able to address the identified need for the proposed transmission project or subtransmission project most cost-effectively. When the cost-effectiveness of the identified nonwires alternatives are reasonably equal, the commission shall give preference to the alternatives that produce the lowest amount of local air emissions, including greenhouse gas emissions. [PL 2023, c. 355, §7 (AMD).]

3. Exception. A transmission project or subtransmission project that is constructed, owned and operated by a generator of electricity solely for the purpose of electrically and physically interconnecting the generator to the transmission system of a transmission and distribution utility is not subject to this section. [PL 2023, c. 355, §7 (AMD).]
35-A M.R.S. § 6504 — ME Code / Title 35-A / Part 6 / Chapter 65 / Section 6504
35-A §6504. Petition to county commissioners; notice to adverse party
Status: in_force

1. Notice of hearing on petition. A person who petitions the county commissioners for the assessment of damages on account of property taken by eminent domain shall notify the adverse party of the time and place of the hearing on the petition by: A. Giving the adverse party personal notice 14 days before the hearing; or [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Publishing the petition and order of notice in a newspaper that is published in the county, 2 weeks successively, the last publication being 14 days before the hearing. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3908 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3908
35-A §3908. Powers of district
Status: in_force

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

1. Sue. Sue or be sued in its capacity as a district; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Electricity. Generate, manufacture, purchase, acquire, accumulate, transmit, distribute, sell, supply and dispose of electricity to individuals and corporations within the district; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Assist users. Assist persons who are or will be users of electricity supplied by the district in making repairs and energy saving improvements to improve energy efficiency in buildings; [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Acquire plants and equipment. Construct, purchase, lease, equip, maintain and operate electric transmission and distribution lines or systems, electric generating plants, lands, buildings, structures, dams, equipment and any other real or personal property, tangible or intangible which are determined necessary, convenient or appropriate to accomplish the purposes of this chapter; [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Contract. Contract and be contracted with; [PL 1987, c. 141, Pt. A, §6 (NEW).]

5-A. Mutual funds. In addition to and not in limitation of any power of the district, invest its funds, including reserve funds, sinking funds and trust funds, to the extent that any terms of the instrument creating the funds do not prohibit the investment, in shares of an investment company registered under the federal Investment Company Act of 1940, whose shares are registered under the United States Securities Act of 1933, only if the investments of the investment company are limited to obligations of the United States or any agency or instrumentality, corporate or otherwise, of the United States or repurchase agreements secured by obligations of the United States or any agency or instrumentality, corporate or otherwise, of the United States; [PL 1993, c. 651, §5 (NEW).]

6. Gain access. Gain access, through its officers or agents, to all premises served by its transmission lines, poles and wires at all reasonable hours to ascertain the amount of electricity purchased; [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Borrow money. Issue bonds and notes, including revenue obligation securities as otherwise authorized by this chapter, to such amounts as the commission may authorize for the purpose of raising the amount required to accomplish the purposes of this chapter. The bonds and notes may be of the date and denomination and payable at such times and places and bear such rate of interest as the district may authorize in accordance with the procedures of section 3909 . The district may borrow money temporarily, for periods of less than one year, without vote of the inhabitants, except as provided in this chapter, in amounts which in the judgment of the trustees are necessary to accomplish the purposes of this chapter; [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Bylaws. Make and enforce bylaws, rules for the conduct of the district affairs and business and for use of its services and facilities; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Other consistent acts. Perform any other acts which may be necessary, convenient or appropriate to accomplish the purposes of this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3905 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3905
35-A §3905. Existing districts
Status: in_force

Any quasi-municipal district organized under the private and special laws that is a transmission and distribution utility within the meaning of section 102 may reorganize in accordance with this chapter. In addition to the methods of sections 3903 and 3904 , the trustees may, by majority vote, petition the municipal officers for an election and those officers shall hold an election in accordance with those sections. [PL 1999, c. 398, Pt. A, §90 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 4507 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4507
35-A §4507. Franchise area; restricted sale
Status: in_force

A natural gas pipeline utility may not supply or sell natural gas to any person within the franchise area of another utility, which is authorized by the State to transmit or sell gas within the franchise area, except to that other utility, unless the other utility consents to the sale and the commission approves or the commission permits the sale, after notice and hearing. [PL 1987, c. 490, Pt. C, §11 (AMD).]
35-A M.R.S. § 2101 — ME Code / Title 35-A / Part 2 / Chapter 21 / Section 2101
35-A §2101. Organization of certain public utilities
Status: in_force

A provider of provider of last resort service, a local exchange carrier and a public utility for the purpose of making, selling, distributing and supplying gas or electric transmission and distribution service or for the operation of water utilities, ferries or public heating utilities in any municipality, or 2 or more adjoining municipalities, within the State, may be organized as a legal entity authorized under the laws of the State, including Title 13‑C . [PL 2011, c. 623, Pt. A, §16 (AMD).]
35-A M.R.S. § 3143 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3143
35-A §3143. Declaration of policy on smart grid infrastructure
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Smart grid" means the integration of information and communications innovations and infrastructure, including nonwires alternatives, with the electric system to enhance the efficiency, reliability and functioning of the system through smart grid functions. [PL 2019, c. 298, §16 (AMD).] B. [PL 2019, c. 298, §16 (RP).] C. "Smart grid functions" means those functions that advance the policy of the United States as specified in the federal Energy Independence and Security Act of 2007, Public Law 110-140, Section 1301 , including functions that enable consumers to access information about and to manage and adjust their electricity consumption or to generate and store electricity and functions specified in Section 1306(d) of that Act. [PL 2009, c. 539, §2 (NEW).] [PL 2019, c. 298, §16 (AMD).]

2. Legislative findings. The Legislature finds that: A. The cost of electricity to consumers in this State is high in comparison to costs in similar markets and impedes economic development; [PL 2009, c. 539, §2 (NEW).] B. The State has recognized the consequences of climate change and has committed to policies to reduce emissions of greenhouse gases; [PL 2009, c. 539, §2 (NEW).] C. The State's electric grid and long-term infrastructure investment are vital to continued security and economic development, and smart grid functions will deliver electricity from suppliers to consumers using modern technology to increase reliability and reduce costs in a way that saves energy and to enable greater consumer choice; [PL 2009, c. 539, §2 (NEW).] D. The State currently lacks a comprehensive smart grid policy but faces critical decisions regarding the implementation of smart grid functions and associated infrastructure, technology and applications, and the commission and the Legislature will play central roles in making those decisions; [PL 2019, c. 298, §17 (AMD).] E. It is vital that a smart grid policy be developed in order to ensure that all ratepayers and the State as a whole are afforded the benefits of smart grid functions and associated infrastructure, technology and applications; and [PL 2019, c. 298, §17 (AMD).] F. It is in the public interest to establish a nonwires alternative coordinator for the State. [PL 2019, c. 298, §18 (NEW).] [PL 2019, c. 298, §§17, 18 (AMD).]

3. Smart grid policy; goals. In order to improve the overall reliability and efficiency of the electric system, reduce ratepayers' costs in a way that improves the overall efficiency of electric energy resources, reduce and better manage energy consumption and reduce greenhouse gas emissions, it is the policy of the State to promote in a timely and responsible manner, with consideration of all relevant factors, the development, implementation, availability and use of smart grid functions and associated infrastructure, technology and applications in the State through: A. Increased use of digital information and control technology to improve the reliability, security and efficiency of the electric system; [PL 2009, c. 539, §2 (NEW).] B. Deployment and integration into the electric system of renewable capacity resources, as defined in section 3210‑C, subsection 1, paragraph E , that are interconnected to the electric grid at a voltage level less than 69 kilovolts; [PL 2009, c. 539, §2 (NEW).] C. Deployment and integration into the electric system of demand response technologies, demand-side resources and energy-efficiency resources; [PL 2009, c. 539, §2 (NEW).] D. Deployment of smart grid technologies, including real-time, automated, interactive technologies that optimize the physical operation of energy-consuming appliances and devices, for purposes of metering, communications concerning grid operation and status and distribution system operations; [PL 2009, c. 539, §2 (NEW).] E. Deployment and integration into the electric system of advanced electric storage and peak-reduction technologies, including plug-in electric and hybrid electric vehicles; [PL 2009, c. 539, §2 (NEW).] F. Provision to consumers of timely energy consumption information and control options; and [PL 2009, c. 539, §2 (NEW).] G. Identification and elimination of barriers to adoption of smart grid functions and associated infrastructure, technology and applications. [PL 2009, c. 539, §2 (NEW).] It is the policy of the State to promote the development, implementation, availability and use of smart grid functions in accordance with this subsection in a manner that is consistent with applicable standards for reliability, safety, security and privacy and that takes into account the implementation of smart grid functions in other jurisdictions. The commission may adopt rules regarding the implementation of smart grid functions in the State in accordance with this subsection, including, but not limited to, rules regarding cybersecurity and protection of consumer privacy, and access to smart grid infrastructure and information, including, but not limited to, open access issues, coordination between smart grid users and methods to address financial disincentives for transmission and distribution utilities to promote smart grid functions. Rules adopted pursuant to this subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 539, §2 (NEW).]

4. Resource assessment policy. In order to meet the goals of the smart grid policy as specified in subsection 3 , it is the policy of the State that all available energy resources be assessed, including but not limited to the following types of resources: A. Energy efficiency; [PL 2009, c. 539, §2 (NEW).] B. Demand management, including but not limited to establishment of time-of-use tariffs and performance-based rates; [PL 2009, c. 539, §2 (NEW).] C. Renewable resources, as defined in section 3210, subsection 2, paragraph C ; [PL 2009, c. 539, §2 (NEW).] D. Energy resources, other than those listed in paragraph C , that are located in the State and are interconnected to the electric grid at a voltage level of less than 69 kilovolts; and [PL 2009, c. 539, §2 (NEW).] E. Transmission lines for which a certificate of public convenience and necessity is required under section 3132, subsection 2 . [PL 2009, c. 539, §2 (NEW).] [PL 2009, c. 539, §2 (NEW).]

5. Smart grid coordinator; authorization by the Public Utilities Commission; rules. [PL 2019, c. 298, §19 (RP).]

6. Transition plan; displaced employees. If an investment in smart grid infrastructure by a transmission and distribution utility will lead to the displacement of 20 or more employees within a 3-year period, the transmission and distribution utility must file a transition plan for the displaced employees with the commission for approval and may not displace those employees unless the commission has approved a transition plan in accordance with this subsection. A. If a transition plan filed with the commission has been agreed to by a collective bargaining agent representing the employees to be displaced, the commission must approve the plan. If a transition plan filed with the commission has not been agreed to by a collective bargaining agent representing the employees to be displaced, the commission may approve that plan only if the plan: (1) Prioritizes the transition of the employees to employment within the transmission and distribution utility, to the extent feasible; (2) Provides funds for worker education, training and support, including but not limited to tuition, fees, books, supplies, tools, equipment, child care, transportation and other assistance needed to obtain relevant remedial or prerequisite education or training, and maximizes the extent to which such education and training can be pursued while employed rather than after termination of employment; (3) Demonstrates appropriate coordination with the Department of Labor; and (4) Prevents unnecessary retraining and public assistance costs to the State, to the extent feasible. [PL 2009, c. 539, §2 (NEW).] B. In applying for federal or other grants for workforce training to support smart grid implementation, the commission, the Department of Labor, the Efficiency Maine Trust and any other agency or instrumentality of the State shall, to the extent permissible and feasible under the terms of the grant, give priority to assisting employees that are displaced as a result of the investment in smart grid infrastructure. [PL 2009, c. 539, §2 (NEW).] C. The commission shall permit a transmission and distribution utility to adjust its rates to recover costs incurred pursuant to this subsection. [PL 2009, c. 539, §2 (NEW).] For purposes of this subsection, "displaced employee" means an employee who is terminated from employment with a transmission and distribution utility; reduced to less than 75% of the hours traditionally required for the employee's position; involuntarily transferred to another position within the utility for less pay; or transferred to another position within the utility at a site more than 50 miles away from the employee's current site of employment. [PL 2009, c. 539, §2 (NEW).]

7. Compliance with safety, security and reliability standards. In implementing the policies specified in this section, the commission and other agencies and instrumentalities of the State shall ensure that applicable regional, national and international grid safety, security and reliability standards are met. The commission and other agencies and instrumentalities of the State shall seek to cause standards that promote cost-effective technologies and practices supporting smart grid functions to be integrated into national and international grid safety, security and reliability standards. [PL 2009, c. 539, §2 (NEW).]

8. Cost recovery. The commission shall, upon petition, permit a transmission and distribution utility to adjust its rates to recover the utility's prudently incurred incremental costs associated with implementing smart grid functions and associated infrastructure, technology and applications or otherwise taking reasonable actions consistent with the policies of this section, to the extent that the costs are not already reflected in the utility's rates and the adjustment does not result in rates that are unjust or unreasonable. A grant by a utility in an amount approved by the commission to the University of Maine System for smart grid research and development is deemed to be a prudently incurred incremental cost associated with implementing smart grid functions. [PL 2009, c. 539, §2 (NEW).]

9. Report. [PL 2023, c. 77, §6 (RP).]

10. Consumer education. If a transmission and distribution utility or the Efficiency Maine Trust implements smart grid functions, the utility or the trust shall, to the extent the commission determines appropriate, provide information to customers about the purpose and goals of smart grid functions, the ways in which smart grid functions, including but not limited to time-of-use pricing, may involve customer interaction and how the implementation of smart grid functions can benefit customers. [PL 2019, c. 298, §20 (AMD).]

11. Savings clause. Nothing in this section limits any other authority of the commission with respect to smart grid implementation. [PL 2009, c. 539, §2 (NEW).]
35-A M.R.S. § 6406 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6406
35-A §6406. Standard districts; authorized to erect dams and reservoirs, cross navigable waters, supply water to utilities
Status: in_force

A standard district, for the purposes of its incorporation, may erect and maintain dams, reservoirs and structures. In accordance with applicable state and federal law, a standard district may lay, construct and maintain its pipes and fixtures in, over and under navigable waters and build and maintain structures for the pipes and fixtures. Subject to the consent of the commission, a standard district may supply water to any other water utility for purposes of resale. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 3482 — ME Code / Title 35-A / Part 3 / Chapter 34-C / Section 3482
35-A §3482. Specific measures to support distributed generation
Status: in_force

1. Procurements. The commission may not procure distributed generation resources in the shared distributed generation and commercial or institutional distributed generation market segments using the targets and procurement methods described in this chapter. [PL 2021, c. 390, §3 (AMD).]

2. Participation in wholesale markets. The commission and investor‑owned transmission and distribution utilities shall take all commercially reasonable steps to promote the participation of distributed generation resources in serving the State's energy needs and in the wholesale electricity, capacity and ancillary service markets. [PL 2019, c. 478, Pt. B, §1 (NEW).]

3. Change in tax treatment. If a change in federal tax laws, regulations or policy materially modifies the burdens or costs to customers or utilities associated with the procurements under this chapter, the commission shall issue a report to the joint standing committee of the Legislature having jurisdiction over energy matters describing the impact of these changes and recommending any actions necessary to maintain the benefits of the procurements under this chapter. [PL 2019, c. 478, Pt. B, §1 (NEW).]

4. Timely interconnection. The commission shall ensure the timely review and execution of interconnection requests and the timely completion of work needed for the safe, reliable and cost‑effective interconnection of distributed generation resources. The commission shall establish by rule requirements for investor‑owned transmission and distribution utilities to interconnect distributed generation resources to the grid and financial penalties to ensure timely actions by those utilities to achieve the procurements under sections 3485 and 3486 . [PL 2019, c. 478, Pt. B, §1 (NEW).]
35-A M.R.S. § 311 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 311
35-A §311. Comprehensive classification of service
Status: in_force

The commission shall provide for a comprehensive classification of service for each public utility. The classification may take into account the quantity used, the time when used, the purpose for which used and any other reasonable consideration. Each public utility shall conform its schedules of rates, tolls and charges to the classification. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 104 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 104
35-A §104. Implied powers
Status: in_force

The provisions of this Title shall be interpreted and construed liberally to accomplish the purpose of this Title. The commission has all implied and inherent powers under this Title, which are necessary and proper to execute faithfully its express powers and functions specified in this Title. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1104 — ME Code / Title 35-A / Part 1 / Chapter 11 / Section 1104
35-A §1104. Abandonment of property or service
Status: in_force

1. Commission approval. No public utility may abandon all or part of its plant, property or system necessary or useful in the performance of its duties to the public, or discontinue the service which it is providing to the public by the use of such facilities, without first securing the commission's approval. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Terms and conditions. In granting its approval, the commission may impose such terms, conditions or requirements as in its judgment are necessary to protect the public interest. A public utility abandoning all or part of its plant, property or system or discontinuing service pursuant to authority granted by the commission under this section is deemed to have waived all objections to the terms, conditions or requirements imposed by the commission in that regard. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 9214 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9214
35-A §9214. No franchise fees
Status: in_force

The authority may not establish or collect a franchise fee pursuant to 47 United States Code, Section 542 or Title 30‑A, section 3008 . If any tax, fee, charge or assessment or portion thereof established by the authority is held by a court of competent jurisdiction to be a franchise fee, the imposition of that tax, fee, charge or assessment or portion thereof is unenforceable. [PL 2005, c. 665, §3 (NEW).]
35-A M.R.S. § 3141 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3141
35-A §3141. Taxation
Status: in_force

1. Utility facilities owned by domestic transmission and distribution utility. All utility facilities, real and personal, situated within this State and owned by a domestic transmission and distribution utility are subject to assessment and taxation to the same extent and in the same manner as provided in Title 36 . [PL 1999, c. 398, Pt. A, §56 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Utility facilities owned by foreign electric utility. All utility facilities situated within this State and owned by a foreign electric utility other than a municipal or quasi-municipal corporation or other political subdivision of a state or province are subject to assessment and taxation to the same extent and in the same manner as though owned by a domestic transmission and distribution utility. [PL 1999, c. 398, Pt. A, §56 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Foreign utility facility that is a municipal or quasi-municipal corporation exempt from taxation. All utility facilities situated in this State and owned by a foreign electric utility that is a municipal or quasi-municipal corporation or other political subdivision of a state or province are exempt from taxation. In lieu of taxes the owner shall on or before September 1st of each year pay to the municipality where the utility facility lies the amount which would be assessable as property taxes if the utility facility were the property of a foreign electric utility other than a municipal or quasi-municipal corporation or other political subdivision of a state or province. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Procedures relating to payment in lieu of taxes. The assessment, abatement and appellate procedures and all other procedures relating to the payment in lieu of taxes shall be as provided in Title 36 with respect to taxes. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3488 — ME Code / Title 35-A / Part 3 / Chapter 34-C / Section 3488
35-A §3488. Rules
Status: in_force

The commission shall adopt rules to implement this chapter. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 478, Pt. B, §1 (NEW).]
35-A M.R.S. § 1318 — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1318
35-A §1318. Record of proceedings
Status: in_force

1. Record. The commission shall keep a complete and permanent record of: A. All proceedings before it; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Investigations; [PL 2019, c. 26, §2 (AMD).] C. Formal public hearings; and [PL 2019, c. 26, §2 (AMD).] D. Complaints. [PL 2019, c. 26, §2 (NEW).] The record must include the results and conclusions of proceedings, investigations, formal public hearings and complaints, including, but not limited to, orders, findings, decisions and settlement agreements. [PL 2019, c. 26, §2 (AMD).]

2. Hearings reporter. The commission shall appoint, subject to the Civil Service Law, hearings reporters who shall take all testimony before the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3146 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3146
35-A §3146. Climate change protection plan
Status: in_force

No later than May 1, 2027, and every 5 years thereafter, a transmission and distribution utility shall submit to the commission a 10-year plan that includes specific actions for addressing the expected effects of climate change on the utility's assets needed to transmit and distribute electricity to its customers. The commission shall provide a process to allow for the input from interested parties on the transmission and distribution utility's plan. The commission may use the plan and the input received from interested parties in rate cases or other proceedings involving the transmission and distribution utility. [PL 2025, c. 54, §1 (AMD).]
35-A M.R.S. § 105 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 105
35-A §105. Appointment and term
Status: in_force

1. Appointment. The Governor shall appoint 3 members to the Public Utilities Commission. The appointments shall be subject to review by the joint standing committee of the Legislature having jurisdiction over public utilities and to confirmation by the Legislature. Members of the commission shall devote full time to their duties. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Term. The commissioners shall serve for terms of 6 years. A. Each term shall end on March 31st of the 6th year of the term. The terms shall be staggered so that one ends in 1987 and every 6 years thereafter, one ends in 1989 and every 6 years thereafter, and one ends in 1991 and every 6 years thereafter. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. A commissioner may continue to serve beyond the end of this term until a successor is appointed and qualified. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Any vacancy occurring in the commission shall be filled by appointment for the unexpired portion of the term. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6310 — ME Code / Title 35-A / Part 6 / Chapter 63 / Section 6310
35-A §6310. Water districts; individual financing
Status: in_force

When the trustees of a water district vote to authorize bonds or notes, the estimated cost of which, singly or in the aggregate included in any one financing, is $150,000 or more adjusted, relative to 1981 as the base year according to the annual Consumer Price Index, as defined in Title 5, section 17001, subsection 9, the trustees 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 must be published at least once in a newspaper having general circulation in the water district. The trustees shall give notice to each ratepayer by mail. Notice of a rate change under section 6104 that contains the notice required by this section satisfies the notice requirements. The debt may not be incurred by the vote of the trustees until the expiration of 7 days following the date on which the notice was first published and mailed. Prior to the expiration of the 7-day period, the trustees shall call a special district meeting in order to collect testimony from the public concerning the amount of debt authorized. Except for indebtedness to fund projects specifically mandated by State Government and Federal Government, for debts in excess of the amount specified in this section, if requested by petition of not less than 50 voters of the district or 5% of the voters, whichever is greater, filed with the clerk of the water district on or before the date of the meeting, a vote of those attending the meeting must be called to approve or disapprove the amount of debt authorized. If a majority of voters present and voting disapprove of the amount of debt authorized by the trustees, the debt may not be incurred and the vote of the trustees authorizing the debt is void. [PL 1995, c. 616, §9 (NEW).]

This section applies to water districts formed on or after January 1, 1982, except that this section does not apply to any standard district created pursuant to chapter 64 whose debt limit is subject to voter approval as provided in section 6413 . [PL 1995, c. 616, §9 (NEW).]
35-A M.R.S. § 10126 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10126
35-A §10126. Electric Vehicle Fund (REALLOCATED FROM TITLE 35-A, SECTION 10124)
Status: in_force

(REALLOCATED FROM TITLE 35-A, SECTION 10124)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Battery electric vehicle" means a fully electric, zero-emission vehicle that has an on-board electrical energy storage device that is designed to be recharged using an external energy source. [PL 2019, c. 258, §1 (NEW); RR 2019, c. 1, Pt. A, §54 (RAL).] A-1. "Electric bicycle" has the same meaning as in Title 29‑A, section 101, subsection 22‑B . [PL 2023, c. 140, §1 (NEW).] A-2. "Eligible electric vehicle provider" means: (1) An authorized licensee of the original equipment manufacturer in the State or an authorized licensee of the original equipment manufacturer located outside of the State that meets all of the requirements applicable to in-state authorized licensees of the original equipment manufacturer as determined by the trust; (2) A licensed automobile dealer in the State or a licensed automobile dealer located outside of the State that meets all of the requirements applicable to in-state licensed automobile dealerships as determined by the trust; and (3) The original equipment manufacturer, wherever located. [PL 2025, c. 317, §1 (NEW).] B. [PL 2021, c. 402, §2 (RP).] C. "Fund" means the Electric Vehicle Fund established in subsection 2 . [PL 2019, c. 258, §1 (NEW); RR 2019, c. 1, Pt. A, §54 (RAL).] D. "Plug-in hybrid electric vehicle" means a vehicle that uses an on-board electrical energy storage device that is designed to be recharged using an external energy source to power an electric motor and uses a petroleum-based fuel to power an internal combustion engine. [PL 2019, c. 258, §1 (NEW); RR 2019, c. 1, Pt. A, §54 (RAL).] E. "Program" means the program established pursuant to subsection 3 . [PL 2019, c. 258, §1 (NEW); RR 2019, c. 1, Pt. A, §54 (RAL).] [PL 2025, c. 317, §1 (AMD).]

2. Fund established. The Electric Vehicle Fund is established as a nonlapsing fund administered by the trust to transform markets toward the adoption of electric vehicles and to support the purchase of electric vehicles 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); RR 2019, c. 1, Pt. A, §54 (RAL).] B. Any interest earned on investment of fund balances; and [PL 2019, c. 258, §1 (NEW); RR 2019, c. 1, Pt. A, §54 (RAL).] 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); RR 2019, c. 1, Pt. A, §54 (RAL).] The fund may be used for the program and other uses consistent with the purposes for which the fund is established. [PL 2019, c. 258, §1 (NEW); RR 2019, c. 1, Pt. A, §54 (RAL).]

3. Electric vehicle incentive program established; eligibility. In accordance with the provisions of this section, the trust shall establish and administer a program that provides incentives for the purchase or lease of electric vehicles. A person may apply for and, as resources within the fund allow, receive an incentive for an electric vehicle, subject to eligibility requirements established by the trust. Eligibility criteria for the vehicle must include that the vehicle is a battery electric vehicle or a plug-in hybrid electric vehicle; the vehicle is purchased, or leased for a term of 36 months or more, from an eligible electric vehicle provider; and, to the extent required by Title 29‑A, chapter 5 , the vehicle is registered in the State. An automobile, as defined in Title 29‑A, section 101, subsection 7 , with a gross vehicle weight rating of 6,000 pounds or less is not eligible for the program if it has a manufacturer's suggested retail price greater than $55,000. To the extent funds are available, the trust may extend program eligibility to medium duty vehicles and heavy duty vehicles that are battery electric vehicles or plug-in hybrid electric vehicles and to electric bicycles in accordance with subsection 3‑A . Eligibility requirements for the recipient of the incentive must include that the recipient attests to a commitment to maintain a registration in this State to the extent required by Title 29‑A, chapter 5 , whether through purchase or lease, of the eligible electric vehicle for at least 36 months from the date of purchase or lease. The trust may require a recipient of an incentive under this section who does not maintain a registration in this State of the eligible electric vehicle for at least 36 months to repay the trust up to the full amount of the incentive. The trust shall establish the incentive amount for each eligible electric vehicle. The trust shall establish incentive amounts that it determines most effectively increase the use of eligible electric vehicles in the State to advance the State's carbon reduction targets and reduce transportation-related energy costs. For each model of an eligible electric vehicle, the trust may establish different incentive amounts based on the size of the vehicle battery. The trust may establish different incentive amounts for the purpose of providing reasonable opportunity for participation in the program across different customer groups and geographic areas. The trust may establish reasonable limits on the number of incentives per vehicle or per person. [PL 2025, c. 317, §2 (AMD).]

3-A. Electric bicycle incentive; eligibility. If the trust extends the electric vehicle incentive program eligibility under subsection 3 to electric bicycles, the trust shall establish eligibility criteria that include the following. A. An electric bicycle incentive recipient must be a low-income or moderate-income individual or an entity that serves low-income or moderate-income individuals, as determined by the trust. [PL 2025, c. 317, §3 (NEW).] B. The electric bicycle for which the recipient is receiving the incentive must serve as the recipient's principal means of commuting, as determined by the trust. [PL 2025, c. 317, §3 (NEW).] C. The electric bicycle must be purchased, or leased for a term of 36 months or more, from: (1) An authorized licensee of the original equipment manufacturer in the State; (2) An authorized licensee of the original equipment manufacturer located outside of the State that meets all the requirements applicable to in-state authorized licensees of the original equipment manufacturer, as determined by the trust; or (3) The original equipment manufacturer, wherever located. [RR 2025, c. 1, Pt. A, §48 (COR).] [RR 2025, c. 1, Pt. A, §48 (COR).]

4. List of eligible electric vehicles; applications. The trust shall develop, make available on its publicly accessible website and periodically update a list of eligible electric vehicles and incentives included in the program. The trust shall develop and make available at its offices and on its publicly accessible website all forms and other documents necessary for a person to apply for and receive a direct incentive under this section. [PL 2023, c. 535, §2 (AMD).]

5. Rules. The trust 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 2019, c. 258, §1 (NEW); RR 2019, c. 1, Pt. A, §54 (RAL).]
35-A M.R.S. § 6102-A — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6102-A
35-A §6102-A. Rate-adjustment mechanism for water utilities
Status: in_force

1. Rate-adjustment mechanism. Notwithstanding any provision of law to the contrary, the commission may establish or authorize a reasonable rate-adjustment mechanism to decouple water utility revenues from water utility sales through revenue reconciliation when changes in sales are due to a change in the number of customers or a change in the volume of consumption. In determining the reasonableness of any such rate-adjustment mechanism, the commission shall apply the standards of section 301 and shall consider the transfer of risks associated with any such changes in sales and, to the extent these risks are transferred between the utility and its customers, the commission shall consider the effect of the transfer of risk in determining a utility's allowed rate of return. [PL 2015, c. 115, §1 (NEW).]

2. Report. The commission, as part of its annual report pursuant to section 120 , shall list rate adjustments that have been requested and those that have been granted. [PL 2015, c. 115, §1 (NEW).]
35-A M.R.S. § 716 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 716
35-A §716. Complaints; record retention
Status: in_force

A public utility shall keep a record of every customer complaint and retain that record for a period of 10 years from the date of final resolution of the complaint and shall make all records of customer complaints readily available to the commission for examination. The commission may adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 26, §1 (NEW).]
35-A M.R.S. § 3906 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3906
35-A §3906. Organization of single-member district
Status: in_force

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

1. Trustee. Upon formation of a district under section 3903 , all the affairs of the district must be managed by a board of 3 trustees who must be residents of the district. They hold office as provided in subsection 2 and until their respective successors are elected and qualified. When any trustee ceases to be a resident of the district, that trustee's position becomes vacant. Trustees are subject to Title 30‑A, section 2605 , concerning conflict of interest. [PL 1995, c. 254, §9 (AMD).]

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

3. Meetings. As soon as convenient after each annual election, the trustees shall hold a meeting at the offices of the district, elect a chair and clerk and adopt a corporate seal. They may choose a treasurer and all other officers and agents for the proper management of the affairs of the district. Other meetings of the trustees may be called by the chair or by any 2 of the trustees. Trustees shall determine their own compensation. The trustees shall, in the bylaws, determine the number constituting a quorum, but in no event less than half of the total number of trustees. [RR 2021, c. 1, Pt. B, §419 (COR).]
35-A M.R.S. § 906 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 906
35-A §906. Commission authorization not required
Status: in_force

1. Property and service outside the State. Except as provided in subsection 2 for transmission and distribution utilities, notwithstanding any other provision of this chapter, a public utility is not required to apply to the commission for authority to issue stocks, bonds, notes or other evidences of indebtedness for the acquisition of property, for the purposes of carrying out its corporate powers, the construction, completion, extension or improvement of its facilities, or the improvement or maintenance of its service, outside the State. [PL 1999, c. 398, Pt. A, §20 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Exception: Transmission and distribution utilities. Notwithstanding subsection 1 , this chapter applies to any domestic transmission and distribution utility acquiring and operating utility facilities outside the State for the purpose of serving customers within the State. [PL 1999, c. 398, Pt. A, §20 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Domestic electric utility. [PL 1999, c. 398, Pt. A, §20 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 4506 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4506
35-A §4506. Construction requirements
Status: in_force

1. Soil requirements. A natural gas pipeline must be laid at least 24 inches below the surface of the soil. The soil above the pipeline must be graded to the level of the adjacent land and left in good working condition unless otherwise agreed to by the natural gas pipeline utility and the property owner. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Damage to growing crops. The natural gas pipeline utility shall pay for any damage to growing crops caused by the construction, operation, maintenance, repair or reconstruction of a natural gas pipeline. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Driveways, drains, pipes and wires left in good condition. Driveways, drains, water pipes and other service pipes or wires located on land on which a natural gas pipeline is constructed shall be left in as good condition as they were prior to the construction, maintenance, repair or reconstruction of the pipeline, except when the natural gas pipeline utility and the owner of the property or right-of-way agree otherwise. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Closing right-of-way prohibited. No driveway or right-of-way over the land on which a natural gas pipeline is located may, except during the construction, maintenance, repair or reconstruction of the pipeline, be closed for passage, except by agreement between the natural gas pipeline utility and the owner of the property or right-of-way. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Buildings. A building erected by a natural gas pipeline utility shall conform in its method of construction with the building laws or regulations in force in the location in which it is erected, and the exterior design of the building shall conform to the extent possible with the general architectural standards of buildings in the locality. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 705 — ME Code / Title 35-A / Part 1 / Chapter 7 / Section 705
35-A §705. Utility deposits
Status: in_force

The following provisions apply to deposits of utility customers: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Residential customers; applicants. A public utility may not require a deposit of a residential customer without proof that the customer is likely to be a credit risk or to damage the property of the utility. That proof must be furnished to the customer upon request. Absence of previous experience with the utility may not be considered proof that the customer is a credit risk or threatens to damage utility property. A utility may not require a deposit from an applicant for residential service based solely on the applicant's income. For purposes of this subsection, "applicant" means a person that applies for public utility service and has not been a customer of the utility within 30 calendar days prior to the person's application for utility service. The commission shall adopt rules to carry out the purposes of this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 115, §1 (AMD).]

2. Nonresidential customers. Every public utility shall file with the commission schedules containing its terms and conditions for requiring a deposit from nonresidential customers, which terms and conditions shall be subject to the commission's power under this Title. Every public utility shall comply with its terms and conditions. The commission shall adopt rules which provide a procedure for resolution by the commission or its delegate of disputes as to whether a deposit being required by a public utility is in compliance with its terms and conditions. If the rules authorize a delegate to resolve disputes, the rules shall include a procedure for appeal of the decision to the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Interest rate on deposits. The commission shall adopt reasonable rules, after hearing, to provide for a just and reasonable interest rate to be paid by the utility on any deposit of any customer. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 2708 — ME Code / Title 35-A / Part 2 / Chapter 27 / Section 2708
35-A §2708. Civil liability for utility property wrongfully obtained
Status: in_force

A person may not obtain or exercise unauthorized control over the property of a utility with intent to deprive the utility of the property. A person who violates this section is liable in a civil action to the utility owning the property affected for: [PL 2007, c. 553, §4 (NEW).]

1. Cost of replacement. The cost of replacement of the utility property, as necessary; [PL 2007, c. 553, §4 (NEW).]

2. Other costs. All other reasonable costs to the utility, including attorney's fees and costs of undertaking and completing the investigation resulting in a determination of liability; and [PL 2007, c. 553, §4 (NEW).]

3. Civil penalty. A civil penalty not to exceed $3,000 due and payable to the utility for each violation of this section. [PL 2021, c. 318, §11 (AMD).]
35-A M.R.S. § 3153-A — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3153-A
35-A §3153-A. Public Utilities Commission to develop proposals to improve transmission and distribution utility rate design
Status: in_force

1. Proposals and programs developed. The commission, as it determines appropriate, shall order transmission and distribution utilities to develop and submit specific rate design proposals and related programs for implementing energy conservation and energy efficiency techniques and innovations, either in conjunction with or independent of any rate-making proceeding pending before the commission. The proposals, as the commission determines, must be designed to encourage energy conservation, minimize the need for new transmission and distribution capacity, minimize costs of transmission and distribution service to consumers, minimize transmission and distribution rates over the long term or short term and take into account the needs of low-income customers. In approving a proposal under this section, the commission shall give equivalent consideration to the goals of minimizing costs and minimizing transmission and distribution rates to consumers. Proposals must include, but are not limited to, proposals that provide for the development and implementation of: A. Load management techniques; [PL 1991, c. 253, §4 (AMD).] B. Rates that reflect marginal costs of services at different voltages, times of day or seasons of the year, including long-run marginal costs associated with the construction of new transmission and distribution facilities; [PL 1999, c. 398, Pt. A, §58 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] C. [PL 1999, c. 398, Pt. A, §58 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] D. Rates or other regulatory policies that encourage transmission and distribution utility system reliability; [PL 1999, c. 398, Pt. A, §58 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] E. Transmission and distribution utility financing or subsidization of capital improvements undertaken by ratepayers to conserve electricity used by the ratepayers in the future. This paragraph applies to future programs for utility financing of energy conservation or load management as long as the goal of such programs is to economically defer or eliminate the need for transmission and distribution plant upgrades. In addition to programs undertaken pursuant to this paragraph, programs may be undertaken pursuant to section 10110 to achieve goals other than that identified in this paragraph; [RR 2009, c. 2, §103 (COR).] F. As defined by the commission by rule, cost-effective conversions of electric space heat systems to systems relying on other fuels and other techniques for enabling homeowners and tenants to replace on-peak, winter period electric usage with less expensive sources of heat; [PL 1993, c. 402, §2 (AMD).] G. Rates or bill payment assistance programs for residential customers who have been certified eligible for state or federal fuel assistance that take into account the difficulty these customers have paying in full for electric service or that target assistance to these customers in the most efficient manner, taking into account the necessity of maintaining electric service; and [PL 1993, c. 402, §2 (AMD).] H. Rates that allow incremental use or maintenance of existing use when those rates serve to minimize rate levels for all transmission and distribution customers. In approving any proposal for rates that allow incremental use or maintenance of existing use, the commission shall seek to ensure that rates for all customer classes will be lower than they would have been had the commission not approved the proposal. [PL 1999, c. 398, Pt. A, §58 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] [RR 2009, c. 2, §103 (COR).]

2. Hook-up fee prohibited. [PL 1993, c. 177, §1 (RP).]

3. Implementation of rebate structures. The Public Utilities Commission may require a transmission and distribution utility to implement rebate structures for installation or upgrade of an electric service entrance to encourage energy efficient buildings and discourage energy inefficient buildings. In designing these programs, the commission shall give due consideration to safety. [PL 1999, c. 398, Pt. A, §58 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Economic efficiency. In designing rates for transmission and distribution utilities, the commission shall set rates to the extent practicable to achieve economic efficiency. [PL 2013, c. 369, Pt. F, §5 (NEW).]
35-A M.R.S. § 2516 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2516
35-A §2516. Permits for moving buildings, cutting wires, removing poles; expenses; damages
Status: in_force

The following provisions apply to permits for moving buildings, cutting wires and removing poles. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Permit required to cut wires and remove poles. A person may not cut, disconnect or remove the wires or poles of a telephone or transmission and distribution utility in order to move a building, alter, repair or improve a street, bridge or way, or for any other purpose unless that person: A. Applies in writing to the municipal officers of the municipalities in which changes or alterations of wires or poles are desired, or in which a building is to be moved; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Receives a written permit from the officers. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1999, c. 398, Pt. A, §38 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Hearings and notice. Upon receipt of the application, the municipal officers shall: A. Fix a time and place for a hearing; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Give reasonable notice of the hearing, including actual notice to any utility whose service may be interrupted or property interfered with. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Granting of permit and apportionment of expenses. Upon hearing, the municipal officers may grant a permit on such terms and conditions and make such apportionment of expenses as they determine best. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Permit for removal of wires or poles used by a utility for transmitting train orders or operating block signals. No wires or poles owned or used under contract by a utility for transmitting train orders or operating block signals may be cut, disconnected or removed unless: A. The utility and the person desiring to cut, disconnect or remove the wires or poles first agree to the terms of the cutting, disconnection or removal; or [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Upon application for a permit to the commission, actual notice to the utility and a hearing, the commission grants a permit authorizing the cutting, disconnection or removal. At the hearing, the commission may grant a permit on the terms and conditions and apportion the expense arising under the permit as it determines best. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Offense. Whoever disconnects or removes wires or poles or moves any building on or over a public way without first obtaining the permit or violates any of the conditions of the permit is guilty of unauthorized removal of poles. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Penalty. Unauthorized removal of poles is a Class D crime. [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Damages. If a way or bridge is damaged by the moving of a building, the municipal officers shall determine what proportion of the damage the owner of the building shall pay, and this amount may be recovered by the municipality in a civil action against the owner of the building. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 7501-B — ME Code / Title 35-A / Part 7 / Chapter 75 / Section 7501-B
35-A §7501-B. Directories
Status: in_force

A telephone utility is not required to publish a hard-copy telephone directory. If a provider of provider of last resort service discontinues publishing a hard-copy directory, it shall offer its provider of last resort service customers the option to receive a telephone directory in an electronic format or in the form of a printout of the electronic database showing the names, addresses and telephone numbers of persons and businesses, other than of those who have requested unlisted numbers. The service provider shall annually provide notice to each of its provider of last resort service customers of this option. [PL 2017, c. 73, §10 (AMD).]
35-A M.R.S. § 3901 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3901
35-A §3901. Short Title
Status: in_force

This chapter shall be known and may be cited as the "Municipal Electric District Enabling Act." [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 309 — ME Code / Title 35-A / Part 1 / Chapter 3 / Section 309
35-A §309. Adherence to rate schedules; change in form of schedules
Status: in_force

1. Adherence to schedules. Except as otherwise provided in section 703 , it is unlawful for any public utility to charge, demand, collect or receive, for any service performed by it within the State or for any service in connection with that performance, a greater or lesser compensation than is specified in such printed schedules as may at the time be in force, or to demand, collect or receive any rate, toll or charge not specified in the schedules. The rates, tolls and charges named in the schedule are the lawful rates, tolls and charges until they are changed as provided in this Title. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Exception. Notwithstanding subsection 1 , when a public utility changes its rates, tolls or charges pursuant to any provision of this Title, the commission may for billing purposes, order that the change be applied to some or all service reflected in meter readings on or after the effective date of the change, or to such other period as it determines just and reasonable. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Form of schedules. The commission may prescribe such changes in the form in which the schedules are issued by any public utility as the commission finds to be expedient. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4515 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4515
35-A §4515. Cease and desist orders
Status: in_force

The commission may order a natural gas pipeline utility to cease and desist from operating or acting in violation of a statute or rule or order. Whenever practicable, the commission shall notify a natural gas pipeline utility against whom a cease and desist order is contemplated and afford it an opportunity to present its views and shall afford it reasonable opportunity to comply. Failure to notify and afford such an opportunity does not preclude the granting of appropriate relief. [PL 2003, c. 505, §33 (AMD).]
35-A M.R.S. § 7222-A — ME Code / Title 35-A / Part 7 / Chapter 72 / Section 7222-A
35-A §7222-A. Rates
Status: in_force

1. Price cap ILEC rate requirements. The provisions of sections 304 and 307 do not apply to a price cap ILEC with respect to the rates for provider of last resort service. A price cap ILEC shall post on its publicly accessible website the rates, terms and conditions for provider of last resort service. Rates for provider of last resort service provided by the price cap ILEC are governed by the following: A. On the effective date of this paragraph, the monthly charge for provider of last resort service offered by a price cap ILEC may not exceed $20 for any residential customer. A price cap ILEC may, beginning one year after the effective date of this paragraph, increase rates for its provider of last resort service by up to 5% annually; and [PL 2015, c. 462, §4 (NEW).] B. Low-income customers of a price cap ILEC must receive a monthly discount of $3.50 in addition to any applicable federal subsidy for voice service for low-income customers. [PL 2015, c. 462, §4 (NEW).] For the purposes of this subsection, "low-income customer" means a customer who qualifies for assistance under the Federal Communications Commission's Lifeline program, as defined in 47 Code of Federal Regulations, Section 54.401. [PL 2015, c. 462, §4 (NEW).]
35-A M.R.S. § 2703 — ME Code / Title 35-A / Part 2 / Chapter 27 / Section 2703
35-A §2703. Duties of inspectors
Status: in_force

The inspector of meters shall, upon written application as provided in section 2704 by a consumer of gas, water or electricity in the municipality inspect and ascertain the accuracy of any gas, water or electric meter. When the meter is found or made correct, the inspector shall stamp or mark it with a suitable device. This device shall be recorded in the office of the municipal clerk where the inspector was appointed. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4157 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4157
35-A §4157. Credit of State and members of agency not pledged
Status: in_force

Obligations issued under this chapter are not deemed to constitute a debt, liability or obligation of the State, any political subdivision other than the agency or any municipality or cooperative, nor may they be deemed to constitute a pledge of the faith and credit of the State, any political subdivision or any municipality or cooperative, but are payable solely from the revenues or assets of the agency. Each obligation issued by the agency shall contain on its face a statement to the effect that the agency is not obligated to pay the obligation or the interest on it, except from the revenues or assets pledged or otherwise available for those purposes and that neither the faith and credit nor the taxing power of the State, any political subdivision other than the agency or any municipality or cooperative is pledged to the payment of the principal of or the interest of these obligations. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 760 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 760
35-A §760. Liability
Status: in_force

A person is liable to the owner or operator of the overhead high-voltage line and 3rd parties, if any, for all or part of the damages to facilities and injuries to persons and all or part of the costs, expenses and liabilities incurred by the owner or operator of the overhead high-voltage lines and 3rd parties, if any, as a result of any contact with an overhead high-voltage line if the person causes, permits or allows any work or activity in violation of a provision of this chapter and, as a result, a physical or electrical contact with an overhead high-voltage line occurs. The allocation of damages must be based on the comparative negligence of the parties as set forth in Title 14, section 156 , except that employers of injured persons are immune from payment of damages to the extent provided under the Maine Workers' Compensation Act of 1992. [PL 2021, c. 618, §1 (AMD).]
35-A M.R.S. § 1103 — ME Code / Title 35-A / Part 1 / Chapter 11 / Section 1103
35-A §1103. Transfer of utility stock
Status: in_force

The following provisions apply to the acquisition of utility stock by another utility: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Commission authorization. No public utility may purchase, acquire, take or hold any part of the capital stock of any other public utility organized or existing under the laws of this State without the commission's authorization. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Transfer of stock void. Every assignment, transfer, contract or agreement for assignment or transfer of stock by or through a person or corporation or otherwise in violation of this section is void. No transfer that violates this section may be made on the books of a public utility. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Acquiring additional stock. Nothing in this section may be construed to prevent the holding of stock lawfully acquired prior to the effective date of Public Law 1913, chapter 129, section 38, as approved March 27, 1913, or to prevent the acquiring of additional stock by a public utility which owned on that date a majority of the stock of such other utility. [PL 1987, c. 769, Pt. A, §194 (RPR).]
35-A M.R.S. § 3495 — ME Code / Title 35-A / Part 3 / Chapter 34-D / Section 3495
35-A §3495. Standards
Status: in_force

An environmental permitting entity shall approve a decommissioning plan whenever it finds the following: [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

1. Successful decommissioning. The plan, if implemented, will result in successful decommissioning of the solar energy development, including the restoration of farmland sufficient to support resumption of farming or agricultural activities; [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

2. Financial assurance. The person identified in the plan as responsible for decommissioning demonstrates financial assurance, in the form of a performance bond, surety bond, irrevocable letter of credit or other form of financial assurance acceptable to the environmental permitting entity, for the total cost of decommissioning; and [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]

3. Update. The plan requires the financial assurance be updated 15 years after approval of the plan and no less frequently than every 5 years thereafter. Updates to financial assurance required under this subsection must be submitted to the environmental permitting entity on or before December 31st of the year in which such updates are required. [PL 2021, c. 151, §1 (NEW); PL 2021, c. 151, §2 (AFF).]
35-A M.R.S. § 4176 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4176
35-A §4176. Inconsistent provisions of other laws superseded
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any special act or any charter of any participating municipality, this chapter is controlling. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 4302 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4302
35-A §4302. Referendum
Status: in_force

1. Question submitted to voters. Prior to the construction of any nuclear power plant within the State, the question of approving that construction must be submitted to the voters of the State in the manner prescribed by law for holding a statewide election. This question must be submitted to the legal voters of the State at the next following statewide election. The municipal officers and plantation assessors of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, to vote on the acceptance or rejection of construction by voting on the following question: "Do you approve construction of the nuclear power plant proposed for (insert locations)?" [PL 1999, c. 398, Pt. A, §95 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Manner of voting and counting ballots. The legal voters of each city, town and plantation shall vote by ballot on this question and shall designate their choice by a cross or check mark placed within a corresponding square below the words "Yes" or "No." The ballots shall be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the return and, if it appears that a majority of the legal voters are in favor of construction, the Governor shall proclaim that fact without delay. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Preparation of ballots. The Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this subchapter necessary to carry out the purpose of this referendum. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1316-A — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1316-A
35-A §1316-A. Information related to violation of state law; confidentiality
Status: in_force

Subject to the requirements of Title 5, section 9055 regarding ex parte communications but notwithstanding any other provision of law, the commission may declare and treat as confidential communications from any person concerning the affairs of a utility that are reasonably related to a violation of state laws. [PL 1993, c. 165, §2 (NEW).]
35-A M.R.S. § 6107-A — ME Code / Title 35-A / Part 6 / Chapter 61 / Section 6107-A
35-A §6107-A. Funding for infrastructure improvements for water utilities
Status: in_force

Notwithstanding chapter 3 , a water utility may fund future infrastructure improvements through recovery in rates and fund completed infrastructure replacement or repairs through the establishment of a surcharge in accordance with this section and rules adopted by the commission. Nothing in this section may be construed to exempt any expenditure by a water utility from review by the commission in accordance with this Title. [PL 2011, c. 602, §4 (NEW).]

1. Recovery in rates. A water utility may recover in rates the amounts necessary to fund the future replacement of water system infrastructure. Those funds must be deposited in a capital reserve account. [PL 2011, c. 602, §4 (NEW).]

2. Commission review of capital reserve account. A water utility shall provide to the commission an annual accounting of all revenues deposited into and expenditures made from the water utility's capital reserve account. Money in the capital reserve account is not considered unappropriated retained earnings for the purpose of section 6112, subsection 5 . [PL 2011, c. 602, §4 (NEW).]

3. Infrastructure replacement surcharge. A water utility may establish and file, pursuant to section 307 , a temporary surcharge to allow recovery of the costs of completed replacement or repairs of water system infrastructure. The temporary surcharge may continue until the water utility's next rate case under chapter 3 or rate filing pursuant to sections 6104 and 6104‑A and in accordance with section 6105 . If a water utility elects to institute an infrastructure replacement surcharge pursuant to this subsection, the water utility shall file the proposed surcharge with a justification for the implementation of the surcharge with the commission no less than 30 days before the effective date of the surcharge. The commission may investigate the surcharge in accordance with section 1303 to determine if the surcharge is just and reasonable. If the commission investigates the surcharge, the commission shall make its determination within 75 days of the filing and shall approve the surcharge if it is determined to be just and reasonable and deny the surcharge if it is determined not to be just and reasonable. [PL 2011, c. 602, §4 (NEW).]

4. Limitations. A water utility may not expend amounts collected pursuant to subsection 1 for any purpose other than infrastructure improvements in accordance with this section and rules adopted by the commission. [PL 2011, c. 602, §4 (NEW).]

5. Rules. The commission shall adopt rules to implement this section, including but not limited to rules governing the maximum amount of funds that may be recovered through rates or surcharges under this section, the authorized uses of those funds and reporting requirements and procedures to ensure that this section is being implemented in a manner that is consistent with just and reasonable rate-making principles, including a requirement that utilities submit an infrastructure needs assessment plan when establishing and using a capital reserve account. Rules adopted under this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 602, §4 (NEW).]
35-A M.R.S. § 6407 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6407
35-A §6407. Standard districts; procedure if public utility must be crossed
Status: in_force

If a standard district, in constructing, maintaining or replacing any of its facilities, must cross any property of another public utility, the standard district must obtain the consent of the other public utility and undertake the work in accordance with conditions established by agreement. If, within 30 days after requesting consent, the standard district fails to reach an agreement with the public utility, the district may petition the commission to determine the time, place and manner of the crossing. All work done on the property of the public utility must be done under the supervision and to the satisfaction of the public utility or as prescribed by the commission. All work must be done at the expense of the standard district. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 10162 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10162
35-A §10162. Conformity to changed standards
Status: in_force

If standards are adopted by any state or federal agency subsequent to a municipality's adoption of a PACE ordinance or participation in a PACE program and those standards substantially conflict with the municipality's manner of participation in the PACE program, the municipality shall take necessary steps to conform its participation to those standards. [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 3303 — ME Code / Title 35-A / Part 3 / Chapter 33 / Section 3303
35-A §3303. 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. Associate. "Associate" means any person other than a transmission and distribution utility that substantially participates in the ownership or operation of a cogeneration or small power production facility or any person that contracts to receive the thermal output of a cogeneration facility. [PL 1999, c. 398, Pt. A, §77 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

1-A. Affiliate. "Affiliate" means any person who, as determined by the commission: A. Directly controls, is controlled by or is under common control with an electric generation enterprise; or [PL 1987, c. 769, Pt. A, §143 (NEW).] B. Substantially owns, is substantially owned by or is substantially under common ownership with, an electric generation enterprise. [PL 1987, c. 769, Pt. A, §143 (NEW).] [PL 1987, c. 769, Pt. A, §143 (NEW).]

2. Cogenerator. "Cogenerator" means a municipality or person: A. Owning or operating a facility that generates electricity and steam or other useful forms of energy that are used for commercial, industrial, heating or cooling purposes; and [PL 1999, c. 398, Pt. A, §77 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] B. Not primarily engaged in the generation or sale of electricity, other than the electricity generated at the cogeneration facility. [PL 1987, c. 141, Pt. A, §6 (NEW).] For purposes of this chapter, a cogenerator is considered not primarily engaged in the generation or sale of electricity if 50% or less of the equity interest in the cogeneration facility is owned by a transmission and distribution utility, a subsidiary of a transmission and distribution utility or an affiliate of a transmission and distribution utility. [PL 1999, c. 398, Pt. A, §77 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

3. Existing transmission and distribution line improvement costs. [PL 1999, c. 398, Pt. A, §77 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Interconnection costs. [PL 1999, c. 398, Pt. A, §77 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Municipal solid waste. "Municipal solid waste" means solid waste emanating from domestic and commercial sources within the State over which municipalities are authorized to exercise control. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Municipal solid waste energy recovery facility. "Municipal solid waste energy recovery facility" means a small power producer that depends upon municipal solid waste for at least 50% of its energy. [PL 1999, c. 398, Pt. A, §77 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

7. Qualifying facility. "Qualifying facility" means any small power producer or cogenerator as defined in this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Renewable resources. "Renewable resources" means resources that are capable of being reproduced, replenished or restored following the use of these resources and resources that are inexhaustible. Renewable resources include biomass, wood, water, waste, solid waste, as defined by Title 38, section 1303 , solar energy and wind, but do not include nuclear fuel sources, coal and oil. [PL 1999, c. 398, Pt. A, §77 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

9. Small power producer. "Small power producer" means a municipality or person owning or operating a power production facility with a power production capacity that, together with any other facilities located at the same site, does not exceed 80 megawatts of electricity and that depends upon renewable resources for its primary source of energy. For purposes of this chapter, a power producer is not considered a "small power producer" if more than 50% of the equity interest in the power production facility is owned by a transmission and distribution utility, a subsidiary of a transmission and distribution utility or an affiliate of a transmission and distribution utility. [PL 1999, c. 398, Pt. A, §77 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 4303 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4303
35-A §4303. Notice; effective date of certificate; prohibition
Status: in_force

Construction may not commence on a nuclear power plant without approval by the voters, as prescribed in section 4302 . [PL 1999, c. 398, Pt. A, §96 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 3754 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3754
35-A §3754. Conversion of existing corporations
Status: in_force

A corporation organized on a cooperative plan under the laws of this State and supplying or authorized to supply electric energy may be converted into a cooperative by complying with the following requirements and shall upon compliance be subject to this chapter with the same effect as if originally organized under this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Meeting and notice. The proposition for the conversion of the corporation into a cooperative and proposed articles of conversion shall be submitted to a meeting of the members or stockholders of the corporation. The proposed articles of conversion shall be attached to the notice of the meeting. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Approval. If the proposition for the conversion of the corporation into a cooperative and the proposed articles of conversion, with any amendments, are approved by the affirmative vote of not less than 2/3 of those members of the corporation voting on the articles at the meeting, or, if the corporation is a stock corporation, by the affirmative vote of the holders of not less than 2/3 of those shares of the capital stock of the corporation represented at the meeting and voting on the articles, articles of conversion shall be executed and acknowledged on behalf of the corporation 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 conversion. The articles of conversion shall recite that they are executed pursuant to this chapter and shall state: A. The name of the corporation and the address of its principal office prior to its conversion into a cooperative; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The law or laws under which it was organized; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. A statement that the corporation elects to become a cooperative, nonprofit, membership corporation subject to this chapter; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Its name as a cooperative; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. The address of the principal office of the cooperative; [PL 1987, c. 141, Pt. A, §6 (NEW).] F. The names and addresses of the trustees of the cooperative; and [PL 1987, c. 141, Pt. A, §6 (NEW).] G. The manner in which members or stockholders of the corporation may or shall become members of the cooperative; and may contain any provisions not inconsistent with this chapter determined necessary or advisable for the conduct of the business of the cooperative. [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. The articles of conversion shall be deemed to be the articles of incorporation of the cooperative. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3904 — ME Code / Title 35-A / Part 3 / Chapter 39 / Section 3904
35-A §3904. Formation of multimember district
Status: in_force

Two or more municipalities may form a multimember municipal power district under the following provisions. [PL 1987, c. 141, Pt. A, §6 (NEW).]

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

2. Petition. Upon petition of 10% of the legal voters of each municipality, the municipal officers of those municipalities shall call an election, under subsection 3 , for the legal voters of their respective municipalities for the purpose of forming a municipal power district. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Election. After a determination by the municipal officers or upon petition of the legal voters of each municipality wishing to form a district, the municipal officers shall, at the next regular election or town meeting, or at a special election or town meeting if the petition so requests, submit the following question to the legal voters of their respective municipalities in accordance with their charter or Title 30‑A, section 2528 :

"Shall the (name of municipalities) Power District be created and incorporated under the Maine Revised Statutes, Title 35‑A, chapter 39 ?" [PL 1995, c. 254, §8 (AMD).]

4. Favorable vote. If, in each municipality, a majority of the legal votes cast on this question favor incorporation, a municipal power district may be created for those municipalities under this chapter upon declaration of the vote of the municipal officers, provided that the total number of votes cast in each municipality for and against the incorporation equals or exceeds 40% of the total votes cast in the municipality for all candidates for Governor at the previous gubernatorial election. Upon certification of a favorable vote by the municipal officers, the commission shall approve formation of the district if the commission finds that formation would be in conformance with the requirements of this Title. Upon approval by the commission, the district is created and the commission shall file certification of that approval with the Secretary of State. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 112 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 112
35-A §112. Power to obtain information
Status: in_force

1. Investigation of management of business. The commission may inquire into the management of the business of all public utilities and shall keep itself informed as to the manner and method in which each is conducted. The provisions of this subsection do not apply to any telephone utility other than a provider of provider of last resort service with respect to the provision of provider of last resort service. [PL 2011, c. 623, Pt. A, §8 (AMD).]

2. Facilities and information to be furnished. Every public utility shall furnish the commission with: A. All reasonable facilities for the prompt and faithful discharge of its duties; and [PL 1987, c. 141, Pt. A, §6 (NEW).] B. All information necessary to perform its duties and carry into effect this Title. If it is unable to furnish the information, it shall give a good and sufficient reason for the failure, and the reason for the failure shall be verified by an officer, owner or agent of the public utility and returned to the commission at its office within the time fixed by the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).] The provisions of this subsection do not apply to any telephone utility other than a provider of provider of last resort service with respect to the provision of provider of last resort service. [PL 2011, c. 623, Pt. A, §8 (AMD).]

3. Inspection of books and papers; confidentiality. The following provisions apply to inspection of books and papers. A. The commission or any commissioner or any person employed by it for that purpose, may upon demand inspect and copy the books, accounts, papers, records and memoranda of any public utility in relation to its business and affairs. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. A person other than a commissioner must produce that person's authority to make an inspection. [RR 2021, c. 1, Pt. B, §396 (COR).] C. A person employed by the commission to inspect utilities documents may not divulge information ascertained by inspection except: (1) To the commission; or (2) Under direction of the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Any person who violates this subsection is guilty of a Class E crime. [PL 1987, c. 141, Pt. A, §6 (NEW).] The provisions of this subsection do not apply to any telephone utility other than a provider of provider of last resort service with respect to the provision of provider of last resort service. [RR 2021, c. 1, Pt. B, §396 (COR).]

4. Production of documents; failure to obey. The commission may require the production of documents as follows. A. The commission may require, by order or subpoena to be served on any public utility or its agent in the same manner that a summons is served in a civil action in the Superior Court, the production of any books, accounts, papers, records or verified copies of them kept by a public utility or within the control of a public utility in any office or place within or outside the State, so that an examination may be made by the commission or under its direction. [PL 2003, c. 505, §7 (AMD).] B. [PL 2003, c. 505, §8 (RP).] C. Subject to the requirements of the United States Constitution and the Constitution of Maine and upon a finding that there is probable cause to believe that a public utility is altering, amending, removing or destroying any of its books, accounts, papers or records in an attempt to frustrate an investigation of the commission, a Judge of the District Court or a Justice of the Peace, at the request of the commission and without notice, may issue a search warrant requiring seizure of those documents that are necessary for the commission to discharge its duties. [PL 1993, c. 165, §1 (NEW).] The provisions of this subsection do not apply to any telephone utility other than a provider of provider of last resort service with respect to the provision of provider of last resort service. [PL 2011, c. 623, Pt. A, §8 (AMD).]

5. Telephone utilities. Every telephone utility, dark fiber provider, voice service provider and wholesale competitive local exchange carrier shall provide to the commission upon request or order information relevant to the commission's implementation or enforcement of any provision of state or federal law or rule to which the telephone utility, dark fiber provider, voice service provider or wholesale competitive local exchange carrier is subject and over which the commission exercises authority or jurisdiction. A telephone utility, dark fiber provider, voice service provider or wholesale competitive local exchange carrier that fails to comply with a commission order directing the production of information relevant to the commission's implementation or enforcement of a provision of state or federal law or rule to which the telephone utility, dark fiber provider, voice service provider or wholesale competitive local exchange carrier is subject and over which the commission exercises authority or jurisdiction is in violation of this subsection. [PL 2011, c. 623, Pt. A, §8 (NEW).]
35-A M.R.S. § 3753 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3753
35-A §3753. Change of location of principal office
Status: in_force

A cooperative may, upon authorization of its board of trustees or its members, change the location of its principal office by filing a certificate reciting the change, executed and acknowledged by its president or vice-president under its seal, attested by its secretary, in the office of the Secretary of State. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 9212 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9212
35-A §9212. Gifts and contributions
Status: in_force

The authority may accept gifts and contributions on behalf of the authority for the purpose of designing, constructing, reconstructing, renovating or acquiring a project. [PL 2005, c. 665, §3 (NEW).]

The authority, in accepting gifts of money, federal funds or other types of income, shall place this money in a special account for the purpose for which it is provided. The authority may invest the money in accordance with the purposes of this chapter, subject to any limitations imposed by the donor. [PL 2005, c. 665, §3 (NEW).]
35-A M.R.S. § 10123 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10123
35-A §10123. School decarbonization program
Status: in_force

To the extent funds are available, the trust shall develop a program to provide technical and financial support to help kindergarten to grade 12 schools, including charter schools and private schools, to become carbon neutral. Under this program, the trust may: [PL 2021, c. 152, §1 (AMD).]

1. Professional services. Facilitate access to professional services, including but not limited to energy audits, technical support, financing and legal services, to assist in the planning, design or procurement of construction projects, solar power purchases or equipment that will help a school facility to become carbon neutral. The trust may provide financial incentives for these services; [PL 2021, c. 152, §1 (AMD).]

2. Energy measures. Provide financial assistance for cost-effective energy measures identified in an energy audit or the plans, designs or procurements of a school facility. Eligibility for energy measures qualifying for financial assistance under this section must be determined by the trust; and [PL 2021, c. 152, §1 (AMD).]

3. School payments. Accept payments from schools, including, but not limited to, payments equal to or less than the value on monthly energy bills of the energy savings as a result of the energy measures. These payments may include costs to develop and oversee the project, administer the program and service loans. [PL 2013, c. 366, §1 (NEW).]

The trust, in collaboration with the Department of Education, shall identify and provide incentives for cost-effective electric and natural gas conservation projects in school construction projects designated by the State Board of Education for funding pursuant to rules adopted under Title 20‑A, section 15905 . [PL 2019, c. 347, §2 (NEW).]
35-A M.R.S. § 4375 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4375
35-A §4375. Commission action upon petition
Status: in_force

Upon petition of any person, the commission shall within a reasonable time conduct public hearings and make specific findings as to the conditions set forth in section 4374 . [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3212-B — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3212-B
35-A §3212-B. Green power options
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Green power supply" means electricity or renewable energy credits or clean energy credits for electricity generated from renewable capacity resources as defined in section 3210, subsection 2, paragraph B‑3 , including electricity generated by community-based renewable energy projects as defined in section 3602, subsection 1 . [PL 2025, c. 386, §22 (AMD).] A-1. "Clean energy credit" has the same meaning as in section 3210, subsection 2, paragraph A‑5 . [PL 2025, c. 386, §22 (NEW).] B. "Renewable energy credit" has the same meaning as in section 3210, subsection 2, paragraph B‑2 . [PL 2021, c. 40, §1 (NEW).] [PL 2025, c. 386, §22 (AMD).]

1-A. Green power offer. The commission shall arrange for a green power offer that is composed of green power supply in accordance with this subsection. Except as provided in this subsection, the commission shall ensure that the green power offer is available to all residential and small commercial electricity customers, as defined by the commission by rule, and shall administer a competitive bid process to select a green power offer provider or providers for the service territory of a transmission and distribution utility. A. The green power offer must be in addition to existing standard-offer service under section 3212 . [PL 2021, c. 40, §1 (NEW).] B. The commission shall, to the maximum extent possible: (1) Incorporate green power supply from community-based renewable energy projects, as defined in section 3602, subsection 1 , into the green power offer; and (2) Encourage entities based in this State to provide green power supply from community-based renewable energy projects, as defined in section 3602, subsection 1 , for the green power offer pursuant to this subsection. [PL 2021, c. 40, §1 (NEW).] C. The green power offer may include incidental amounts of electricity supply that do not meet the definition of green power supply, if the commission determines that including such electricity supply is necessary to ensure that a green power offer provider can meet its retail load obligation. [PL 2021, c. 40, §1 (NEW).] D. The commission shall, in accordance with section 3210, subsection 7 , inform residential and small commercial consumers of electricity in this State of the opportunity to purchase the green power offer. [PL 2021, c. 40, §1 (NEW).] E. The commission is not required to arrange for a green power offer in the event that the commission receives no bids to provide the green power offer in a transmission and distribution utility's territory, determines that the bids it receives are inadequate or unacceptable or determines, based on prior experience arranging for a green power offer in a utility’s territory, that it is reasonably likely that it will not receive any adequate or acceptable bids. [PL 2021, c. 40, §1 (NEW).] F. The commission is not required to arrange for a green power offer for the territory of a consumer-owned transmission and distribution utility. If the commission arranges standard-offer service for a consumer-owned transmission and distribution utility, the consumer-owned transmission and distribution utility may elect to have the commission arrange a green power offer in accordance with this subsection. A consumer-owned transmission and distribution utility may establish a green power offer through a competitive bidding process conducted in accordance with the commission’s rules governing the selection of a green power offer provider under this subsection. [PL 2021, c. 40, §1 (NEW).] The commission shall adopt rules to implement this subsection. Rules adopted under this subsection are routine technical rules as defined in Title 5 chapter 375, subchapter 2‑A . [PL 2021, c. 40, §1 (NEW).]

2. Certification; information in bill inserts. Information regarding the availability of the green power offer and of green power supply products, renewable energy credit products and clean energy credit products that are certified by the commission may, at the option of the provider of the offer or the product and with the cooperation of the transmission and distribution utility, be presented through inserts in customer bills issued by transmission and distribution utilities. The costs of the inserts, including but not limited to printing and postage costs, are the responsibility of the provider of the offer or product. The commission may define the criteria for certification of green power supply products, renewable energy credit products and clean energy credit products by order or by rule, and the commission may limit the criteria for certification for consumer protection and eligibility verification purposes. Rules adopted to implement this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 386, §23 (AMD).]