An Act To Ensure Proper Funding of the Public Utilities Commission
Maine Legislature, Session 123, LD 0267
Committee: Utilities and Energy
Sponsors: BLISS, BARTLETT

Legislative Document 
No. 267 
H.P.223 
House of Representatives, January 18,2007 
An Act To Ensure Proper Funding of the Public Utilities 
Commission 
(EMERGENCY) 
Submitted by the Public Utilities Commission pursuant to Joint Rule 204. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BLISS of South Portland. 
Cosponsored by Senator: BARTLETT of Cumberland. 
Printed on recycled paper 
'!r/~ /J7. 7Jlac~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is necessary that the Public Utilities Commission have sufficient funds 
to carry out its statutory obligations during fiscal years 2007-08 and 2008-09; 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, 
Be it enacted by "'e People of the State of Maine as follows: 
Sec. 1. 35-A:MRSA §116, sub-§I, as amended by PL 2005, c. 135, §1, is further 
amended to read: 
1. 
Utilities ~ubject 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 HO more tRail 
$5,505,000 iH reveH\:les aEB\lally sufficient revenue for expenditures allocated by the 
Legislature for operating the commission. The portion of the total assessment applicable 
to each ~ategory 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 dev~lop 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 1 st and assess each utility for its pro rata share for expenditure 
during the fiscal year beginning July 1 st. Each utility shall pay the assessment charged to 
the utility on or before July 1 st of each year. Any increase in the assessment that 
becomes effective subsequent to May 1 st 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 with annual intrastate gross operating 
revenues under $50,000 from assessments under this section. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
The purpose of this bill is to ensure that sufficient funds are generated to allow the 
Public Utilities Commission to perform its regulatory responsibilities. This bill would 
create an assessment mechanism that would allow the commission to perform its ongoing 
responsibilities.