An Act To Permit the Establishment of Regional Water Councils
Maine Legislature, Session 122, LD 1162
Committee: Utilities and Energy
Sponsors: BARSTOW, BARTLETT, ADAMS, BABBIDGE, BLISS, BOWEN, BOWLES, FISCHER, FLETCHER, SNOWE-MELLO

Legislative Document 
No. 1162 
H.P.805 
House of Representatives, March 8, 2005 
An Act To Permit the Establishment of Regional Water Councils 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BARSTOW of Gorham. 
Cosponsored by Senator BARTLETT of Cumberland and 
7Jl~ 
/J?1llP£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BABBIDGE of Kennebunk, BLISS of South Portland, 
BOWEN of Rockport, BOWLES of Sanford, FISCHER of Presque Isle, FLETCHER of 
Winslow, Senator: SNOWE-MELLO of Androscoggin. 
Printed on recyc led papel 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 35·A MRSA c. 68 is enacted to read: 
CHAPTER 68 
REGIONAL WATER COUNCILS 
§6801. 
Definitions 
As 
used 
in thts 
chaQter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Regional water council. 
"Regional water council" means 
a nonprofit corporation establi~ed for the benefit of 2 or more 
water utilities pursuant to this chapter. 
§6802. 
Regional water councils authorized 
Two or more water uti;!.ities may organize a regional water 
council by forming a nonprofit corporation under Title 13-B, the 
membership of which is restricted to water utilities. 
§6803. 
Council organization 
The organizational documents of 
a 
regional water council 
must provide for representation of each member. 
The documents 
!!lYst 
specify 
the 
organizational 
structure, 
the 
method 
of 
withdrawal, the method of terminating the council and the grounds 
]0 
for suspension of member water utilities. 
§6804. 
Powers 
1. 
Powers. 
In 
addition 
to 
having 
general 
powers 
of 
nonprofit corporations under Title 13-B, a regional water council 
!D..QYi. 
A. 
Study an issue common to 2 or more of the members of the 
regional 
water 
council 
that 
it 
considers 
appropriate, 
including, 
but not 
limited to, 
matters 
affecting water 
supply, watershed protection, water use policies, regional 
economic conditions and future development; 
B. 
Promote cooperative aIT.aJlgements and coordinate action 
among members of the regional water council; and 
C. 
Make 
recommendations 
for 
review 
and 
action 
to 
the 
members 
of 
the 
regional water council 
and other public 
agencies that perform functions within the region. 
Page l-LR1283(1) 
2. 
Authority. 
A regional water council, on behalf of one 
or more of its members, 
and upon appropriate action by the 
governing body of one or more of its members, may exercise any 
power, privilege or authority capable of exercise by a member 
.utility and necessary or desirable for dealing with issues of 
local or regional significance to its members, except essential 
legislative powers or eminent domain authority. 
This subsection 
does not permit or enable a regional water council to become a 
water utility within any geographic area of the State. 
3. 
Standing 
committee. 
A 
regional 
water 
council, 
by 
appropriate action of the governing bodies of its members, may 
establish 
a 
standing 
committee 
to 
prepare 
and 
maintain 
a 
comprehensive regional water plan. 
§6805. 
Bylaws 
A regional water council shall adopt bylaws designating the 
officers of the council and providing for the conduct of its 
business. 
§6806. 
Staff 
A regional water council may employ staff and consult and 
retain experts that it considers necessary. 
§6801. 
Finances; annual report 
1. 
E~enses. 
The 
member water utilities of 
a 
regional 
water council may contribute funds to meet the expenses of the 
council. 
Services of personnel, 
use of equipment 
and office 
space and other necessary services may be accepted from members 
as part of their financial support. 
2. 
Funds. 
A regional water 
council 
may 
accept 
funds, 
grants, gifts and services from: 
A. 
The Federal Goyernment; 
B. 
The 
State 
or 
its 
departments, 
agencies 
or 
instrumentalities; 
C. 
Any governmental unit not specified in paragraph A or B, 
whether participating in the regional water councilor not; 
and 
D. 
Private and public sources. 
3. 
Report. 
A re--9iona~\@ter_G_OJlncil shaJ"l make an 
an~JJgl 
report of its activities to the member utilities. 
The report 
must 
be 
filed with the Public Utilities Commission 
and 
the 
drinking water program of the Department of Health and Human 
Services. 
§6808. 
Coordinator 
1. 
Public Utiliti~1i_C.Q~ission. 
The commission serves as 
th~..Q£!:·UJ1ator be.tweEm~g.--ism9l water councils and the State. 
The commission may obtain and distribute state and federal funds 
supporting regional council ta_sks and may provide assistance to 
regional water councils as appropriate. 
This subsection does not 
require the commission to determine the appropriate disbursement 
of state and federal funds 
among members of a regional water 
council. 
2. 
RulematiAg. 
The commission may adopt rules to establish 
procedures and audit 
requj..x_~l!Lents related to the requirements of 
this section. 
Rules 
adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
SUMMARY 
This bill allows water utilities to form 
regional water 
councils.