An Act To Ensure Equity in Funding
Maine Legislature, Session 122, LD 0868
Committee Amendment CA_A_H198 (House)
Amends: 35-A MRSA §116

COMMITTEE AMENDMENT " 4, to H. P . 619, L.D. 
Act To Ensure Equity in Funding" 
868, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the emergency clause and inserting in its place 
the following: 
'Sec. 1. 35-A MRSA §116, sub-§l, as amended by PL 2003, c. 
272, §l, is further amended to read: 
1. 
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 
a total of no more than $5,505,000 in revenues annually. 
";I;l:ie 
eemffiissieB-~l~--assess-~~~~~-aBa-~~~~~~~-~~i*i~ies 
a~--a--~~~€--~~~~~~--~~-~~-~~r~~~~--aBB~a11yr---";I;l:ie 
eemmissieB-~£~~~ assess ~~~-e~heF-~~i*i~ie6-~-~-Fa~-s~~~ieieB~ 
~e--FFea~ee--$lT+~~TQQQ--aBB~a**YT 
The 
portion of 
the total 
assessment applicable to each category of public utility is based 
on 
an 
accounting 
by 
the 
commission 
of 
the portion of 
the 
commission's 
resources 
devoted 
to 
matters 
related 
to 
each 
category. 
The 
commission 
shall 
develop 
a 
reasonable 
and 
practicable method of accounting for resources devoted by the 
commission 
to 
matters 
related 
to 
each 
category 
of 
public 
utility. 
Assessments on each public utility within each category 
must 
be 
based 
on 
the 
utility's gross 
intrastate 
operating 
revenues. 
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 
Page l-LR0989(2) 
COMMITTEE AMENDMENT 
.'0-
~ 
COMMITTEE AMENDMENT ",4" to H.P. 619, L.D. 868 
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 
Sec. 2. 35·A MRSA §116, sub-§5, as amended by PL 1991, c. 343, 
§3, is further amended to read: 
5. 
Unexpended 
funds. 
EHeep1o----as---6peeifieEl---i-n---~Ri6 
6QB6ee1o-i~~r-aRy Any amount of the funds that is not expended at 
the end of a fiscal year does not lapse, but is carried forward 
to be expended for the purposes specified in this section in 
succeeding fiscal yearST-BQ~-u£y-~~~~-i-n--&~&&-&~-§% 
ef-~~-1o-~1o-al-~--a&~&~~~-u~~~4~e4--~-~~B~e€~4eR--~-ffiQ6~ 
BeT-~-~he--&~~~~-~--~Re-~~~r-e4~he~--~~~~~-~~-~Re 
be§i6la~Qte-4£-~~~~~-6QB6ee~ieR-~-~~--~~~~~&-aREl 
eHpeREli~Qre--~er--ee~i66ieR--PQtpe6e6T--et--Q6eEl--~e--reElQee--~Re 
Q~ili~y-a66essffieR~-iR-~Re-~ellewiR§-~iseal-year. 
Sec. 3. 35·A MRSA §116, sub-§8, as amended by PL 2005, c. 3, 
Pt. J, §1, is further amended to read: 
8. 
Public Advocate assessment. 
Every utility subject to 
assessment under this section is subject to an additional annual 
assessment on its intrastate gross operating revenues to produce 
sufficient revenue for expenditures allocated by the Legislature 
for operating the Office of Public Advocate, excluding amounts 
allocated for the full cost of the State Nuclear Safety Advisor 
established pursuant to Title 25, section 52. 
The portion of 
this assessment applicable to each category of public utility is 
based 
on 
an accounting 
by the Public 
Advocate of 
resources 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,.;t" to H.P. 619, L.D. 868 
devoted to matters related to each category. 
The Public Advocate 
shall develop a reasonable and practicable method of accounting 
for resources devoted by the Public Advocate to matters related 
to each category of public utility. 
Assessments on each public 
utility within each category must be based on the utility's gross 
intrastate operating revenues. 
The revenues produced from this 
assessment are transferred to the Public Advocate Regulatory Fund 
and may only be used to fulfill the duties specified in chapter 
17. 
The assessments charged to utilities under this subsection 
are 
considered 
just 
and 
reasonable 
operating 
costs 
for 
rate-making purposes. 
The Public Advocate shall develop a method 
of 
accounting 
for 
staff 
time 
within 
the 
Office 
of 
Public 
Advocate. 
All professional and support staff shall account for 
their time in such a way as to identify the percentage of time 
devoted to public utility regulation and the percentage of time 
devoted to other duties that may be required by law. 
A. 
The 
Public 
Advocate 
shall 
submit 
its 
budget 
recommendations 
as part of the unified current services 
budget legislation in accordance with Title 5, sections 1663 
to 1665. 
The assessments and expenditures provided in this 
section are subject to legislative approval. 
The Public 
Advocate 
shall 
make 
an 
annual 
report 
of 
its 
planned 
expendi tures for the year and on its use of funds in the 
previous year. 
The Public Advocate may also receive other 
funds as appropriated by the Legislature. 
B. 
The Public Advocate may use the revenues provided in 
accordance with this section to fund the Public Advocate and 
employees and to defray the costs incurred by the Public 
Advocate pursuant to this Title, including administrative 
expenses, general expenses, consulting fees and all other 
reasonable costs incurred to administer this Title. 
C-l. 
gHeef't;--as--sf'ee:i::E:i:eEi.--i-n--t;a:i:s-~-ion-,--:E\:lREi.s 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 
yearst-e\:l~7-w~~h-~~~~~~-~-Ga~~~-~&~Wa~a-:EFeffi 
:E:i:sea~-~~-~~-aBa-~~£€~~-~--~~~~~-~eF-~-~-t;ae 
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t;ae-~e~a~-~££~~~-assessID&nt-~~~~-~-~~&-&eet;~9B-ffi\:lst;T 
at;-~he-e~~e~-~-~~~~~~~r~it~~-&&-f'~e&eBt;ea-t;e 
t;ae--~~1at~~--4a--~~--~~~--pa~~~aph--~--:EeF 
Fea±±eeat;:i:eR-~~~BG~~\:l~-eF-~-t;e-~~€~~~-\:lt;:i:±:i:t;y 
assessffieat--~-~he--~~~w~~-~~~--yeaF. 
±R-~~-~-e:E 
:E\:lREi.s-~~~~-:EeFwaFEi.-~~~-:E:i:sea~-~--6gg4-g9-~-:E:i:sea± 
yeaF-~~~--\:l&e-4~-~~-~~~w~~-:Eisea±-~~--~~-e:E 
t;aese-~~-ffiay-~~~peaGeG-~~-~~-~\:l£~e£e£-~~-~-:i:B 
t;a:i:s-seet;:i:eRT 
COMMITTEE AMENDMENT 
ft._S. 
COMMITTEE AMENDMENT .. /t .. to H.P. 619, L.D. 868 
Sec. 4. Public Utilities Commission study. 
The Public Utilities 
Commission shall, so far as is reasonably practicable, make an 
accounting of resources devoted by the commission to matters that 
relate to or affect entities other than public utili ties. 
The 
commission shall report the accounting results to the Joint 
Standing Committee on Utilities and Energy no later than March 1, 
2006. 
The committee is authorized to report out a bill to the 
assessments imposed under the Maine Revised Statutes, Title 35-A, 
section 116. I 
SUMMARY 
This amendment strikes and replaces the bill. 
1. 
It apportions the assessment on public utilities to fund 
the Public Utilities Commission and the Office of the Public 
Advocate based on an accounting 
of resources devoted by each 
agency 
to 
matters 
related 
to 
the 
various 
categories 
of 
utilities. 
Within each utility category, the assessment is based 
on gross intrastate operating revenues. 
2. 
It provides that all unspent funds derived from the 
Public 
Advocate 
assessment 
and 
Public 
Utilities 
Commission 
assessment do not lapse but are carried forward to the next 
fiscal year. 
3. 
It clarifies that the Public Advocate assessment does 
not produce revenues to fund the State Nuclear Safety Advisor, a 
position that is separately funded. 
4. 
It directs the Public Utilities Commission to account 
for resources devoted to matters relating to entities other than 
public utilities. 
It directs 
the 
commission 
to 
report 
the 
results to the Joint Standing Committee on Utilities and Energy 
no later than March 1, 
2006 
and authorizes the committee to 
report out a bill to the Second Regular Ses'sion of the l22nd 
Legislature relating to the assessments imposed under the Maine 
Revised Statutes, Title' 35-A, section 116. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/29/05 ;:t;yac 
LD868 
LR 0989(02) 
An Act To Ensure Equity in Funding 
Fiscal Note for Bill as Amended by Committee Amendment 11 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The additional costs associated with developing a method of accounting for resources devoted by the commission to 
the various categories of utilities and submitting a report to the Joint Standing Committee on Utilities and Energy can 
be absorbed by the Public Utilities Commission utilizing existing budgeted resources. The bill as amended also 
requires annual assessments for the Office of the Public Advocate be calculated in the same manner as the Public 
Utilities Commission. 
LR0989(2) - Fiscal Note - Page 1 of 1