An Act To Credit Utility Customers with Certain Amounts Paid as Fines
Maine Legislature, Session 122, LD 0094
Committee Amendment CA_A_S18 (Senate)
Amends: 35-A MRSA §117, 35-A MRSA §1510-A

COMMITTEE AMENDMENT 'A" to S.P. 36, L.D. 94, Bill, "An Act 
To Credit Utility Customers with Certain Amounts Paid as Fines" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To A1low Administrative Penalties Imposed by the Public 
Utilities Commission To Be Applied To Benefit Customers' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec.!. 35-A MRSA §117, sub-§3, as amended by PL 2003, c. 
505, §13, is further amended to read: 
3. 
Administrative penalties. 
All Except as provided in 
this subsection, all administrative penalties collected by the 
commission must be deposited into the Public Utilities Commission 
Reimbursement Fund. 
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A. 
The 
commission 
may 
use 
amounts 
collected 
as 
administrative 
penalties 
and 
deposited 
in 
the 
Public 
Utilities Commission Reimbursement Fund to reimburse the 
commission 
for 
additional 
expenses 
associated 
with 
the 
enforcement activities that resulted in the collection of 
the penalty. 
B. 
After deducting any amount used pursuant to paragraph A. 
the commission may. to the extent practicable and in as 
COMMITTEE AMENDMENT 
,. 
.~ 
SO 
COMMITTEE AMENDMENT ,A .. to S.P. 36, L.D. 94 
equitable 
and 
fair 
a 
manner 
as 
possible. 
apply 
administrative penalties. along with any accrued interest. 
in accordance with this paragraph. 
The commission shall 
seek to apply the amount in a manner that benefits those 
customers affected or potentially affected by the violation. 
if they can reasonably be identified or. if the commission 
determines this application of the amount to be impractical 
or unreasonable. in a manner that benefits the class or 
group of customers affected or potentially affected by the 
violation. 
In order to 
achieve 
the purposes 
of this 
paragraph. the commission may apply the funds: 
(1) 
In the form of a direct payment or credit to the 
customers or group or class of customers affected or 
potentially affected by the violation resulting in the 
administrative penalty; 
(2) 
To supplement a low-income assistance or outreach 
program that the commission determines would benefit 
customers 
affected or 
potentially affected 
by 
the 
violation resulting in the administrative penalty; 
(3) 
To 
supplement the conservation program fund 
established pursuant to section 32ll-A. subsection S; 
(4) 
To 
supplement the telecommunications education 
access fund established pursuant to section 7l04-B; or 
(S) 
To supplement any other program or fund that the 
commission determines would benefit customers affected 
or potentially affected by the violation. 
Amounts applied pursuant to this paragraph to supplement an 
existing program or fund may not result in a reduction in 
other funding provided for the program or fund unless the 
reduction 
is 
outside 
the 
commission's 
control 
and 
the 
commission finds that application of the penalty amount to 
the fund or program is the most appropriate use of the 
penalty and the net effect will be an increase in total 
funding available to the program or fund. 
Sec. 2. 
35-A MRSA §1510-A, as enacted by PL 2003, c. SOS, 
§26, is repealed and the following enacted in its place: 
§1510-A. Disposition of administrative pena1ty 
The disposition of administrative 
penalties collected by 
the commission is governed by section 117, subsection 3.' 
COMMITTEE AMENDMENT 
" 
.~ 
COMMITTEE AMENDMENT A .. to S.P. 36, L.D. 94 
SUMl\1ARY 
This amendment replaces the bill. This amendment authorizes 
the Public Utilities Commission to apply administrative penalties 
imposed 
by the commission in a manner that benefits those 
customers affected or potentially affected by the violations that 
resulted in the penalties. 
If the commission determines this 
application of the amount to be impractical or unreasonable, the 
amendment authorizes the commission to apply the amount in a 
manner that benefits the class or group of customers affected or 
potentially affected by the violation. 
The commission is 
authorized to apply the amounts in the form of a direct payment 
or credit to the customers or group or class of customers 
affected 
or 
potentially 
affected 
by 
the 
violation. 
The 
commission is also 
authorized 
to 
apply 
the 
penalties 
to 
supplement programs or funds that the commission determines would 
benefit customers 
affected or potentially affected by the 
violation. 
The amendment specifies that any amounts applied to 
supplement an existing program or fund may not result in a 
reduction in other funding provided for the program or fund 
unless the reduction is outside the commission's control and the 
commission finds that application of the penalty amount to the 
fund or program is the most appropriate use of the penalty and 
the net effect will be an increase in total funding available to 
the program or fund. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/08/05 ~aC'-
LD94 
LR0590(02) 
An Act to Credit Utility Customers with Certain Amounts Paid as Fines 
Fiscal Note for Bill as Amended by Committee Amendment A 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium decrease to unbudgeted revenue - General Fund 
Fiscal Detail and Notes 
This bill removes the requirement that penalty amounts that exceed enforcement expenses be tra:nsferred to the 
General Fund and allows expanded use of the funds within the Public Utilities Commission Reimbursement Fund. 
The Public Utilities Commission does not project any estimated penalty balances being transferred to the General 
Fund in the current budget. Therefore, if the Public Utilities Commission does levy fines and the expenses associated 
with the enforcement activities that resulted in their collection are less than the fmes, any revenue loss to the General 
Fund from this bill would be to unbudgeted revenue. There have been penalty amounts collected in the past that did 
exceed expenses and that excess was transferred to the General Fund. 
LR0590(2) - Fiscal Note - Page 1 of 1