An Act Establishinq a Role for the Public Advocate in Promotinq Railroad Service Quality Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 23 MRSA §7103, sub-§l, as amended by PL 2003, c. 498, §3 and affected by §12, is further amended to read: 1. Fund created. There is created the Railroad Preservation and Assistance Fund," which receives all revenue derived from the tax levied pursuant to Title 36, chapter 361 and taxes paid under Title 36, section 1865, except any taxes deposited pursuant to Title 36, section 2625, subsection 1 in the Railroad Freight Service Quality Fund established under Title 35-A, section 1711. The fund is also eligible to receive grants from other sources. The Treasurer of State shall receive and deposit all revenue to the fund in a separate account to be known as the Railroad Preservation 'and Assistance Fund. Sec. 2. 35-A MRSA §1711 is enacted to read: S1711. Railroad service quality In addition to the authority and duties otherwise specified in this chapter, the Public Advocate shall seek to promote and Page 1-LR1979(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0230
Committee Amendment CA_A_H182 (House)
Amends: 23 MRSA §7103, 35-A MRSA §1711, 36 MRSA §2625

FmST SPECIAL SESSION 
COMMITTEE AMENDMENT ,A" to H.P. 169, L.D. 230, Bill, "An 
Act To Authorize the Public Advocate To Represent Consumers in 
Federal Regulation of Railroads" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act Establishinq a Role for the Public Advocate in Promotinq 
Railroad Service Quality' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 23 MRSA §7103, sub-§l, as amended by PL 2003, c. 498, 
§3 and affected by §12, is further amended to read: 
1. 
Fund 
created. 
There 
is 
created 
the 
"Railroad 
Preservation and Assistance Fund," which receives all revenue 
derived from the tax levied pursuant to Title 36, chapter 361 and 
taxes 
paid 
under 
Title 
36, 
section 1865, 
except 
any 
taxes 
deposited pursuant to Title 36, section 2625, subsection 1 in the 
Railroad Freight Service Quality Fund established under Title 
35-A, section 1711. 
The fund is also eligible to receive grants 
from other sources. 
The Treasurer of State shall receive and 
deposit all revenue to the fund in a separate account to be known 
as the Railroad Preservation 'and Assistance Fund. 
Sec. 2. 35-A MRSA §1711 is enacted to read: 
S1711. 
Railroad service quality 
In addition to the authority and duties otherwise specified 
in this chapter, the Public Advocate shall seek to promote and 
COMMITTEE AMENDMENT 
;z~ 
~ 
~·c 
:{t~; 
COMMITTEE AMENDMENT ~" to H.P. 169, L.D. 230 
enhance railroad freight service quality in accordance with this 
section. 
The Public Advocate shall undertake activities under 
this section only to the extent funding for those actiyi ties is 
available in the fund established under subsection 5. 
1. 
Definition. 
As used in this section. unless the context 
otherwise indicates. "shiBBer" means a Berson or entity that uses 
railroad freight service. 
2. 
Tracking service gua1ity. 
The 
Public Advocate shall 
collect data on the quality of railroad freight service in this 
State. 
The Public Advocate may conduct surveys or emBloy other 
methods to gather infQrmation BrQvided Qn a voluntary basis by 
shippers. 
The Public AdVQcate shall collect and Qrganize the 
data in accordance with a perfQrmance matrix designed to measure 
service quality. 
Ihe Pyblic Advocate shall consult with the 
DeBartment of Transportation and with shippers in developing the 
performance matrix. 
On 
a schedule mutually acceptable to the 
Public Advocate and the deBartment. the Public Advocate shall 
provide to the deBartment regular reports on the quality of 
railroad freight service based on data collected pursuant to this 
subsection. 
The Public Advocate shall reBort the data in a 
manner that is cQnsistent with subsectiQn 4. 
RepQrts Brovided 
pursuant to this subsection are public recQrds. 
3. 
Authoritr to take certain actions. 
In order to enhance 
and promote railroad freight service quality in this State the 
Public Advocate may: 
A. 
Provide 
information to federal. 
regional 
and state 
agencies. grouBs and organizations and monitor federal and 
state regulatory actions of interest to Maine shippers; 
B. 
Provide advice and assistance to shippers; 
C. 
With the consent of the parties. facilitate or mediate 
railroad freight service disputes; and 
D. 
Take any other aBBroBriate actions consistent with the 
Burposes of this section. 
4. 
Protection 
of 
persons 
supp1ying 
information: 
confidentia1ity. 
In order 
to 
encourage 
shippers 
to 
provide 
information to the PubliG Advocate under this section. the Public 
Advocate shall institute procedures to preserve the anonymity of 
shippers 
that 
provide 
railroad 
freight 
service 
quality 
information to the Public Advocate. 
Those portions of records 
obtained or kept by the Public Advocate pursuant to this section 
that the Public AdvQcate determines would reveal the identity of 
a shipper that provides information tQ the Public Advocate under 
COMMITTEE AMENDMENT 
~. ~:;'" 
COMMITTEE AMENDMENT ·A" to H.P. 169, L.D. 230 
this section are confidential and are not public records pursuant 
to Title 1, section 402, subsection 3, paragraph B. If the Public 
Advocate determines that disclosure of information that would 
reveal the identity of a shipper would assist the Public Advocate 
in achieving the purposes of this section, the Public Advocate 
shall. prior to the disclosure, notify the affected shipper to 
allow the shipper to discuss the proposed disclosure. 
If the 
affected shipper objects to the disclosure of the information, 
the Public Advocate may not disclose the information. 
5. 
Funding. 
There is created the Railroad Freight Service 
Ouality 
Fund, 
referred to 
in this 
section 
as 
"the 
fund." 
Pursuant to Title 36, section 2625, the fund receives $20,000 
each year from the tax levi~d pursuant to Title 36, chapter 361. 
Expenditures from the fund are subject to legislative approyal in 
the same manner as appropriations from the General Fund. 
Any 
balance in the fund in excess of that required for the purposes 
of this section does not lapse but is carried forward. 
Money in 
the fund may be expended by the Public Adyocate only for the 
purposes of this section. 
6. 
Re.,po('t. 
The Public Adyocate shall annually, no later 
than the first Monday in February, submit to the joint standing 
committee of the LQgislature having jurisdiction oyer utilities 
and energy matters a report that includes the following: 
A. 
A summary of railroad freight service quality data 
collected under subsection 2 and any actions taken pursuant 
to subsection 3; 
B. 
An eyaluation of the effectiyeness of any actions taken 
under subsection 3 and the need for the authority granted 
under that subsection, together with any recommendations for 
modifications to that authority; and 
C. 
An accounting of eXPQnditures from thQ fund, prospectiye 
funding needs and any recommendations for changes in funding 
levels. 
7. 
Repeal and review. 
This section is repealed 90 days 
after the adjournment of the Second Regular Session of the l23rd 
Legislature. 
In the report submitted that year pursuant to 
subsection 6, the Public Advocate shall make recommendations with 
regard to the continued need for the authority granted under this 
section. 
After 
reviewing 
that 
report, 
the 
jOint 
standing 
committee of the Legislature having jurisdiction over utilities 
and energy matters may report out legislation to the Second 
Regular Session of the l23rd Legislature concerning the subject 
matter of this section. 
COMMITTEE AMENDMENT 
I" 
_,~. 
COMMITTEE AMENDMENT ·A II to H.P. 169, L.D. 230 
Sec. 3. 36 MRSA §2625, as amended by PL 2003, c. 498, §9 and 
affected by §12, is further amended to read: 
§2625. 
Return and payment 
Every railroad company incorporated under the laws of this 
State or doing business in this State shall file with the State 
Tax Assessor annually, on or before April 15th, a railroad excise 
tax return, on a form prescribed by the State Tax Assessor. 
The 
tax must be paid in equal installments on the next June 15th, 
September 
15th and 
December 
15th. 
~he Except 
as 
otherwise 
provided in subsection L 
the Treasurer of State shall deposit 
all taxes paid under this chapter into the Railroad Preservation 
and Assistance Fund established under Title 23, section 7103. 
1. Railroad Freight Service Quality Fund. 
The Treasurer of 
State shall each year deposit $20.000 of the taxes paid under 
this 
chapter 
in 
the 
Railroad 
Freight 
Service 
Ouality 
Fund 
established under Title 35-A. section 1711. 
This subsection is repealed 90 days after the adjournment of the 
Sec. 4. Authority to report legislation. 
The 
Joint 
Standing 
Committee on Utilities and Energy may report out legislation 
concerning railroad freight service to the Second Regular Session 
of the 122nd Legislature. 
Sec. 
5. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
The 
following 
EXECUTIVE DEPARTMER'.I' 
Public Advocate 
Initiative: 
Allocates 
Public 
Advocate 
in 
quality in the State. 
OTHER SPECIAL REVENUE 
All Other 
OTHER SPECIAL REVENUE 
EXECUTIVE DEPARTMENT 
DEPARTMENT 'l'OTALS 
general 
enhancing 
FUNDS 
FUNDS TOTAL 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT 'l'OTAL -
ALL FUNDS 
operating 
funds 
to assist 
the 
and 
promoting 
railroad service 
2005-06 
2006-07 
$20,000 
$20,000 
$20,000 
$20,000 
2005-06 
2006-07 
$20,000 
$20,000 
$20,000 
$20,000 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 169, L.D. 230 
TRANSPORTATION, DEPARTMENT OF 
Railroad Assistance Program 0350 
Initiative: Deallocates general operating funds to reflect a loss 
of revenue to the Railroad Preservation and Assistance Fund. 
O'DIER SPECIAL REVENUE FONDS 
2005-06 
2006-07 
All Other 
($20,000) 
($20,000) 
OTHER SPECIAL REVENUE FUNDS TOTAL 
($20,000) 
($20,000) 
TRANSPORTATION, DEPARTMENT OF 
DEPAR'1'MENT roTALS 
2005-06 
2006-07 
OTHER SPECIAL REVENUE FUNDS 
($20,000) 
($20,000) 
DEPARTMENT roTAL -
ALL FONDS 
($20,000) 
($20,000) 
SECTION 'l'OTALS 
2005-06 
2006-07 
O'DIER SPECIAL REVENUE FUNDS 
$0 
$0 
SECTION 'l'OTAL -
ALL FUNDS 
$0 
$0' 
SUMMARY 
This amendment replaces the bill. 
This amendment directs 
the Public Advocate to seek to promote and enhance railroad 
freight service quality. 
The amendment: 
1. 
Directs the Public Advocate to collect data on the 
quality of railroad freight service in this State, to organize 
that data in accordance with a performance matrix developed in 
consul tation with the Department of Transportation and shippers 
and 
to 
provide 
to 
the 
Department 
of Transportation regular 
reports on the quality of railroad freight service: 
2. 
Authorizes the Public Advocate: 
A. 
To provide information to federal, 
regional or state 
agencies, groups or organizations: 
B. 
To provide advice and assistance to shippers; 
C. 
With the consent of 
the parties, 
to facilitate or 
mediate railroad freight service disputes; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 169, L.D. 230 
D. 
To take any other appropriate actions consistent with 
the purposes of this legislation; 
3. 
Provides for confidential treatment of the identity of 
shippers who provide service quality information to the Public 
Advocate; 
4. 
Provides $20,000 each year from the railroad excise tax 
to fund these activities of the Public Advocate: 
5. 
Requires the Public Advocate to report annually to the 
joint standing committee of the Legislature having jurisdiction 
over utilities and energy matters with regard to activities taken 
under this legislation and recommendations for any modifications 
to the legislation, including funding levels; 
6. 
Repeals all the provisions 90 days after the adjournment 
of 
the 
the 
123rd Legislature but 
authorizes the joint standing committee of the Legislature having 
jurisdiction over utilities and energy matters to report out 
legislation in that session regarding the subject matter of this 
legislation; and 
7. 
Authorizes 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over utilities and energy matters 
to report out legislation concerning railroad freight service to 
the Second Regular Session of the l22nd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/05 hae 
LD230 
LR 1979(02) 
An Act to Authorize the Public Advocate To Represent Consumers in Federal Regulation of Railroads 
Fiscal Note for Bill as Amended by Committee Amendment A' 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
2005-06 
2006-07 
2007-08 
Appropriations/Allocations 
Other Special Revenue Funds 
$0 
$0 
$0 
Revenue 
Other Special Revenue Funds 
$0 
$0 
$0 
Fiscal Detail and Notes 
Projections 
2008-09 
$0 
$0 
This legislation creates a dedicated Railroad Freight Service Quality Fund to be administered by the Public Advocate 
within the Executive Department. The Railroad Freight Service Quality Fund will receive funding of $20,000 for 
fiscal year 2005-06,2006-07 and 2007-08 from the tax levied pursuant to Title 36, section 2625 which currently is 
deposited in the Railroad Preservation and Assistance Fund pursuant to Title 23, section 7103. An allocation is 
included to authorize the Public Advocate to expend these funds for general operating expenses to enhance railroad 
service quality in the state of Maine. 
The aforementioned revenue increases to the Public Advocate represent Other Special Revenue Funds revenue that is 
currently budgeted and allocated to the Railroad Assistance Program within the Department of Transportation, thereby 
resulting in equivalent revenue losses and deallocations to the department. 
LR1979(2) - Fiscal Note - Page 1 of 1