An Act To Provide an Appeal Process Regarding Rate Increases of Certain Quasi-municipal Districts and Corporations
Maine Legislature, Session 123, LD 0352
Committee: Utilities and Energy
Sponsors: TUTfLE, BARSTOW, JOY
Amends: 30-A MRSA §2358

Legislative Document 
No. 352 
H.P.282 
House of Representatives, January 25, 2007 
An Act To Provide an Appeal Process Regarding Rate Increases of 
Certain Quasi-municipal Districts and Corporations 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative TUTfLE of Sanford. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BARSTOW of Gorham, JOY of Crystal. 
Printeu on re9deu paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §2358 is enacted to read: 
§2358. Rate increases; appeal procedures 
1. 
Scope. This section applies to the provision of water or sewer services by a 
quasi-municipal corporation or district for which there is only one affected municipality. 
2. Appeal of rate increase to municipality. If, within 60 days of the date that a rate 
increase is adopted by a quasi-municipal corporation or district subject to this section, 10 
ratepayers file petitions objecting to the rate increase with the municipal officers, the 
municipal officers shall investigate and may overturn the rate increase by a majority vote. 
3. Referenda on rate increase. A districtwide referendum on a rate increase must 
be conducted in accordance with this subsection if the following conditions are met: 
A. 
An appeal of the rate is conducted pursuant to subsection 2 and the municipal 
officers uphold the rate increase; and 
B. 
Within 60 days of the decision of the municipal officers to uphold the rate 
increase, a number of voters equal to at least 10% of the total number of votes cast in 
the municipality in the last gubernatorial election, but in no case fewer than 10 voters, 
file written petitions with the governing body of the district objecting to the rate 
increase. 
The referendum must be called, advertised and conducted according to the law relating to 
municipal elections, except the registrar of voters is not required to prepare or the clerk to 
post a new list of voters. The referendum may be held outside the territory of the district 
if the usual voting place for persons located within the district is located outside the 
territory of the district. For the purpose of registering voters, the registrar of voters must 
be in session on the regular work day preceding the election. The question presented must 
conform to the following form: 
"Shall the rate increase of the (insert name of quasi-municipal corporation or district) 
that took effect on (effective date of new rates) be overturned and the rates returned 
to the rates in effect (date one day prior to effective date)?" 
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" 
their opinion on the question. 
The results must be declared by the governing body of the district or corporation and 
entered upon the organization'S records. Due certificate of the results must be filed by the 
clerk with the Secretary of State. 
A reversal of a rate increase under this section becomes effective upon its approval by a 
majority of the quasi-municipal corporation or district voters voting at the referendum. 
The costs of the referendum are borne by the quasi-municipal district or corporation. 
SUMMARY 
This bill provides a process for consumers to appeal a rate increase for water or sewer 
services adopted by a quasi-municipal corporation or district that services a single 
municipality. Specifically, the bill provides the opportunity for ratepayers to appeal the 
rate increase to the municipal officers of the municipality upon the written petition of 10 
ratepayers. The bill provides the opportunity for ratepayers to appeal the rate increase 
through a referendum if the municipal officers uphold the rate increase.