An Act To Permit the Establishment of Regional Water Councils
Maine Legislature, Session 122, LD 1162
Committee Amendment CA_A_H308 (House)

COMMITTEE AMENDMENT ,,4· to H.P. 805, L.D. 1162, Bill, 
Act To Permit the Establishment of Regional Water Councils" 
"An 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
. Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, certain grants 
may 
be 
immediately available 
to 
regional water councils that will facilitate the purposes of this 
Act, 
and the Legislature believes it is important that these 
funds be accessed and used as soon as possible; 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,' 
Further amend the bill in section 1 in that part designated 
"S6802." in the first paragraph in the last line (page 1, line 22 
in L.D.) 
by inserting after the following: 
"utilities." the 
following: 
• A water utility is not required to become a member 
of a regional water council.' 
Page l-LR1283(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 805, L.D. 1162 
Further amend the bill in section I in that part designated 
"§6804." by striking out all of subsections I and 2 and inserting 
in their place the following: 
'1. 
Powers. 
A regional water council may: 
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 arrangements and coordinate action 
among members of the regional water council, including, but 
not limited to, providing purchasing, billing, accounting 
and customer services; 
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; and 
D. 
Exercise 
its 
powers 
and 
authority 
as 
a 
nonprofit 
corporation under Title 13-B as necessary or desirable for 
dealing with issues of local or regional significance to its 
members, 
except that it may 
not exercise 
any 
power 
or 
authority that would cause the regional water council to 
become a water utility within this State. 
2. 
Status. 
A 
regional 
water 
council 
is 
a 
nonprofit 
corporation and is not a governmental entity and is subject to 
all laws governing nonprofit corporations.' 
Further amend the bill in section 1 in that part designated 
"§6807." in subsection 2 in the first line (page 2, line 35 in 
L.D.) by inserting after the following: 
"~" the following: 
'; limitation' 
Further amend the bill in section 1 
"§6807." in subsection 2 
by inserting 
paragraph to read: 
in that part designated 
at the end 
a 
blocked 
'A fund, grant, gift or service of the State or its departments, 
agencies 
or 
instrumentalities 
otherwise 
available 
to 
water 
utilities may 
not be 
made 
conditional 
on 
a 
water utility's 
membership in a regional water council.' 
Further amend the bill in section 1 in that part designated 
"§6808." by striking out all of subsection 1 and inserting in its 
place the fallowing: 
COMM/rrEE AMENDMENT 
~ 
~ 
COMMITTEE AMENDMENT "A, to H.P. 805, L.D. 1162 
'1. 
Pub1ic 
Uti1ities 
Commission. 
The 
commission 
may 
receive, obtain and distribute state, federal or other funds 
supporting 
regional 
water 
council 
tasks 
and 
may 
provide 
assistance 
to 
regional 
water 
councils 
as 
appropriate. 
This 
subsection does 
not reguire the 
commission to determine the 
appropriate disbursement of state, federal or other funds among 
members of a 
regional water council and does not prohibit a 
regional water council from obtaining, receiving or disbursing 
funds without commission involvement. 
Nothing in this chapter limits the commission's jurisdiction or 
authority over water utilities that are members of regional water 
councils. ' 
Further amend the bill by inserting after section I 
the 
following: 
'Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment makes various changes to the bill. 
1. 
It clarifies that a water utility is not required to 
become a member of a regional water council. 
2. 
It limits a regional water council's powers to those of 
a nonprofit corporation and retains a prohibition on a regional 
water council becoming a water utility. 
3. 
It specifies that a regional water council may provide 
purchasing, 
billing, 
accounting and customer services to its 
members. 
4. 
It specifies that a fund, grant, gift or service of the 
State or its departments, agencies or instrumentalities otherwise 
available to water utilities may not be made conditional on a 
water utility's membership in a regional water council. 
5. 
It clarifies that 
a 
regional 
water 
council 
is 
a 
nonprofit corporation and not a governmental organization. 
6. 
It removes the requirement that the Public Utilities 
Commission serve as a coordinator between regional water councils 
and the State and clarifies that available grant and other funds 
are not required to pass through the commission to regional water 
councils. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A .. to H.P. 805, L.D. 1162 
7. 
It clarifies that water utilities that are members of a 
regional water council remain fully subject to Public Utili ties 
Commission jurisdiction and authority. 
8. 
It adds an emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04115/05 ;:tJ:vac.. 
LD 1162 
LR 1283(02) 
An Act To Permit the Establishment of Regional Water Councils 
Fiscal Note for Bill as Amended by Committee Amendment 'ft 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The additional costs associated with adopting rules and issuing an annual report regarding water utilities forming 
regional water councils can be absorbed by the Public Utilities Commission utilizing existing budgeted resources. 
LR1283(2) - Fiscal Note - Page 1 of 1