An Act To Clarify the Role of the Public Advocate
Maine Legislature, Session 124, LD 0954
Committee Amendment CA_A_H165 (House)
Amends: 35-A MRSA §1701

COMNIITTEE AMENDMENT" 0" to H.P. 657, L.D. 954, Bill, "An Act To 
Clarify the Role of the Public Advocate' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §1701, sub-§l, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
1. 
Appointment of the Public Advocate. 
The Public Advocate shall be is 
appointed by the Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over public utilities matters and to confirmation by the 
Legislature, and shall serve serves at the pleasure of the Governor. Any vacancy shall 
must be filled by similar appointment. 
This subsection is repealed January 31, 2013. 
Sec. 2. 35-A MRSA §1701, sub-§l-A is enacted to read: 
i-A. Appointment of the Public Advocate; term; removal. Beginning Januarv 31, 
2013, this subsection governs the appointment, term of service and removal of the Public 
Advocate. 
A. The Governor shall appoint the Public Advocate, subject to review by the joint 
standing committee of the Legislature having jurisdiction over public utilities matters 
and to confirmation by the Legislature. 
B. 
The Public Advocate shall serve for a 4-year term of office, beginning on 
February 1, 2013 and every 4 years thereafter. 
C. The Public Advocate may continue to serve beyond the end of the 4-year term 
until a successor is appointed and qualified. 
D. Any vacancy occurring must be filled by appointment for the unexpired portion of 
the term. 
COMMITTEE AMENDMENT 
COMMI1TEE AMENDMENT "A "to H.P. 657, L.D. 954 
E. Any willful violation of this chapter by the Public Advocate constitutes sufficient 
cause for removal of the Public Advocate by the Governor, on the address of both 
branches of the Legislature or by impeachment pursuant to the Constitution of Maine, 
Article IX, Section 5. 
Sec. 3. Working group; report; authority for legislation. 
The Public 
Utilities Commission shall convene and host a working group to examine the current 
organizational relationship of the Office of the Public Advocate to the executive branch 
and the feasibility, advantages and disadvantages of adopting an alternative structure to 
ensure that the Public Advocate has the necessary independence from other influences to 
fulfill the advocate's duties and responsibilities under the Maine Revised Statutes, Title 
35-A, section 1702 without compromise. 
The Public Utilities Commission shall, at a minimum, invite the Office of the Public 
Advocate, the Office of the Attorney General, the Office of the Secretary of State and 
representatives of utility consumers, including residential, commercial and industrial 
consumers, to participate in the working group. 
The working group shall review 
successful models of consumer utility advocate offices in other states and shall, at a 
minimum, consider the advantages and disadvantages of establishing the Office of the 
Public Advocate as a stand-alone independent agency outside of the Executive 
Department or as a division within the Office of the Attorney General. 
The working group shall report its findings and recommendations to the Joint 
Standing Committee on Utilities and Energy by January 15, 2010. The joint standing 
committee may report out legislation relating to the subject matter of this section to the 
SUMMARY 
This amendment is the majority report of the committee. The amendment replaces the 
bill. The amendment changes the position of the Public Advocate from serving at the 
pleasure of the Governor to serving a 4-year term that begins and ends midway through 
the Governor's term of office. The amendment specifies that the Public Advocate may be 
removed by the Governor for willful violation of the laws governing the Office of the 
Public Advocate. 
In addition, the amendment directs the Public Utilities Commission to convene and 
host a working group to evaluate and make recommendations regarding the feasibility 
and appropriateness of changing the organizational relationship of the Office of the 
Public Advocate to the Executive Department,for the purpose of ensuring that the Public 
Advocate has the necessary independence from other influences to fulfill the advocate's 
statutory duties and responsibilities without compromise. The working group is required 
to report its findings and recommendations to the Joint Standing Committee on Utilities 
and Energy by January 15,2010. The committee is authorized to report out legislation on 
the subject of the report to the Second Regular Session of the 124th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04/24/09 ;:!;Pac.. 
LD954 
LR 1339(02) 
An Act To Clarify the Role of the Public Advocate 
Fiscal Note for Bill as Amended by Committee Amendment r'fJr 
Committee: Utilities and Energy. 
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Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional cost to the Public Utilities Commission and the Office of the Public Advocate associated with 
convening a working group and reviewing models of utility advocate offices can be absorbed within existing budgeted 
resources. 
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LR1339(02) - Fiscal Note - Pagel of 1