An Act To Ensure Proper Funding of the Public Utilities Commission and the Public Advocate LR 1462(02)
Maine Legislature, Session 121, LD 1042
Committee Amendment CA_A_H319 (House)

/1 
COMMITTEE AMENDMENT" 11" to H.P. 759, L.D. 1042, Bill, "An 
Act To Ensure Proper Funding of the Public Utilities Commission" 
Amend the bill by striking out the title and substituting 
the following: 
'An 
Act 
To 
Ensure 
Proper 
Fundinq of the Public Utilities 
Commission and the Public Advocate' 
Further amend the bill by striking out everything after the 
title and before the 
summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, it 
is 
necessary 
that 
the 
Public 
Utilities 
Commission and the Public Advocate have sufficient funds to carry 
out their statutory obligations during fiscal year 2004; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Page l-LRI462(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "#- to H.P. 759, L.D. 1042 
Sec. 1. 35·A MRSA §116, sub·§1, as amended by PL 2001, c. 136, 
§1, is further amended to read: 
I. 
Utilities subject to assessments. 
Every transmission 
and distribution, gas, 
telephone and water utility and ferry 
subject 
to 
regulation 
by 
the 
commission 
is 
subject 
to 
an 
assessment on its intrastate gross operating revenues to produce 
no more than $4 T 9l8 T 999 $5,505,000 in revenues annually. 
'i'he 
eemm~ss~eB-6RaJJ-~~€~~€-~~asseSS~-4:~~~~-aB-aaa~~~eBa~ 
$~l8T999-~~~-fiseal-~--~99l-9~-~-aB-~~~~--$587T999 
a\i!'~B§--.f4~--~F---~gg~-g~T 
The 
commission 
shall 
assess 
transmission and distribution utilities at a rate sufficient to 
produce $~Ta7gTggg-aBa $3,772,000 annually. 
The commission shall 
assess all other utilities at a 
rate sufficient to produce 
$lT548T999 $1,733,000 annually. 
'i'he-~~~-~~--~Be!'ease 
~he--a&&&&sm&B&-~~-~~~~~-~-e4~~~~~~~~-Q~4J4~4e6--~e 
p!'ea\iee-a~-~~~~-~~~-Q~~iB§-£46eaJ-~-~~~BG-aB 
aaa~~~eBa~-~~-Q~~iB§-.f~~€~-~F--~QQ~-Q~~---~-eemm~ss~eB 
sha~~-4~~-~-asses6meB~-~-~~~-e~he!'-~4~4~4~-4:~-p!'ea\iee 
aB--a48~~~~a~--~~-~F-~~--fisea~--yea~--~-~BG--aB 
aaa~~ieBa~-~~~-Q~F-~~-~~~€aJ-~--~gg~-g~T The commission 
shall determine the assessments annually prior to May 1st and 
assess each utility for its pro rata share for expenditure during 
the fiscal year beginning July 1st. 
Each utility shall pay the 
assessment charged to the utility on or before July 1st of each 
year. 
Any increase in the assessment that becomes effective 
subsequent to May 1st may be billed on the effective date of the 
act authorizing the increase. 
A. 
The assessments charged to utilities under this section 
are just and reasonable operating costs for 
rate-making 
purposes. 
B. 
For the purposes of this section, "intrastate gross 
operating revenues" means intrastate revenues derived from 
filed rates, except revenues derived from sales for resale. 
C. 
Gas 
utilities 
subject 
to 
the 
jurisdiction of 
the 
commission solely with respect to safety are not subject to 
any assessment. 
D. 
The commission may correct any errors in the assessments 
by means of a 
credit or debit to the following year's 
assessment rather than reassessing all utilities in the 
current year. 
E. 
The 
commission 
may 
exempt 
utilities 
intrastate 
gross 
operating 
revenues 
under 
assessments under this section. 
with 
annual 
$50,000 
from 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. if:: to H.P. 759, L.D. 1042 
Sec. 2. 35·A MRSA §116, sub.§8, llC.l, as amended by PL 2001, c. 
28, §1, is further amended to read: 
C-l. 
Except as specified in this subsection, funds that are 
not expended at the end of a fiscal year do not lapse but 
must be carried forward to be expended for the purposes 
specified in this section in succeeding fiscal years; but, 
with the exception of funds carried forward from fiscal year 
1999-9+-~~-~4~ea~-~~-~~~~~~--aa4-~~~-~he-~~~-9~ 
~~Res-~~-~-~~~~-a~-~-~-9~--~~~-~~--aQQQ-Ql 
2002-03 
and fiscal year 
aQQ1-Qa 
2003-04 for use in the 
following fiscal year, unexpended funds in excess of 10~ of 
the total annual assessment authorized in this section must, 
at the option of the Public Advocate, either be presented to 
the 
Legislature 
in 
accordance 
with 
paragraph 
A 
for 
reallocation and expenditure or used to reduce the utility 
assessment in the following fiscal year. 
In the case of 
funds carried forward from fiscal year 
1999-9+-4:.~-~iseal 
yeaF--~~~~~-~-~~~Q~--eaFF~ee--~~~-~~~-~~~~~--yeaF 
aQQQ-Ql 2002-03 and fiscal year aQQ1-Qa 2003-04 for use in 
the following fiscal year, 
100~ of these 
funds 
may 
be 
expended for the purposes specified in this section. 
Sec. 3. PL 2001, c.136, §2 is amended to read: 
Sec. 2. Use of unexpended funds. 
Notwithstanding the Maine 
Revised Statutes, Title 35-A, 
section 116, 
subsection 5, 
the 
Public Utilities Commission may expend in fiscal year aQQ1-Qa 
2003-04 
and 
fiscal 
year 
aQQa-Q6 
2004-05, 
for 
the 
purposes 
specified in Title 35-A, section 116, subsection 4, 
100~ of any 
unexpended funds remaining at the end of the prior fiscal year. 
Treatment of funds not expended at the end of fiscal year aQQa-Q6 
2004-05 is governed by Title 35-A, section 116, subsection 5. 
Sec. 4. Report and authority to report legislation. 
No later than 
January 1, 2004, the Public Utilities Commission shall submit to 
the Joint Standing Committee on Utilities and Energy a report 
describing the commission's activities during fiscal year 2003-04 
and the extent to which the assessment authorized in the Maine 
Revised Statutes, Title 35-A, section 116 limits the commission's 
ability 
to 
fulfill 
its 
statutory 
responsibilities. 
The 
commission shall also examine and report on the appropriateness 
of the apportionment of the assessment between transmission and 
distribution utilities and other utilities. 
The Joint Standing 
Committee on Utilities and Energy may report out legislation to 
the Second Regular Session of the l21st Legislature relating to 
the commission's assessments under Title 35-A, section 116. 
COMMITTEE AMENDMENT 
C~'TTEE AMENDMENT .. p, to H,P, 759, L.D. 1042 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment, which is the majority report of the Joint 
Standing Committee on Utilities and Energy, replaces the bill and 
amends the title to reflect the content of the amendment. 
This 
amendment does the following: 
1. 
Authorizes the Public Utilities Commission to assess 
public utilities to fund the commission's budget on a 
going 
forward basis at the same rate as was authorized for the 2004 
fiscal year; 
2. 
Authorizes 
the 
Public Utilities 
Commission 
and 
the 
Public Advocate to carry forward 100~ of unspent funds at the end 
of fiscal years 2003 and 2004; 
3. 
Directs the Public Utilities Commission to report to the 
Joint Standing Committee on Utilities and Energy by January 1, 
2004 its activities for the prior fiscal year and its evaluation 
of the adequacy of the assessment and the appropriateness of the 
current apportionment of the assessment among utilities; and 
4. 
Authorizes the Joint Standing Committee on Utilities and 
Energy to report out legislation relating the to the Public 
Utilities Commission assessment to the Second Regular Session of 
the 121st Legislature. 
FISCAL ~on_ 1<t.Cll il<F I 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/08/03 frac:... 
Office of Fiscal and Program Review 
LD 1042 
An Act To Ensure Proper Funding of the Public Utilities Commission 
and the Public Advocate 
LR 1462(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Undetermined current biennium cost increase - Other Special Revenue Funds 
Undetermined current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
This bill increases the cap on the Public Utilities Commission's assessment by $587,000 from $4,918,000 to 
$5,505,000. The assessment cap is the maximum amount of funds that the commission may collect from utilities to 
maintain its current programs. No adjustments to current allocations are required at this time. This bill also 
authorizes the use of unexpended funds remaining at the end of the prior year by the Public Utilities Commission and 
the Public Advocate for fiscal years 2003-04 and 2004-05. Costs associated with a report on the commission's 
activities and its evaluation of the adequacy of the assessment can be absorbed by the Public Utilities Commission 
utilizing existing budgeted resources. 
LR1462(2) - Fiscal Note - Page 1 of 1