An Act Regarding Consumer-owned Water Utilities and Contracts for Water Extraction and for the Sale of Water
Maine Legislature, Session 124, LD 0238
Committee Amendment CA_A_H35 (House)
Amends: 35-A MRSA §6109-B

COMMITTEE AMENDMENT "A" to H.P. 192, L.D. 238, Bill, "An Act 
Regarding Consumer-owned Water Utilities and Contracts for Water Extraction and for 
the Sale of Water" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Consumer-owned Water Utilities and Contracts for Large-scale 
Extraction and Transportation of Water' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §6109-B is enacted to read: 
§6109-B. Contracts for large-scale extraction and transportation of water 
Except as provided in subsection 5, this section governs any contract or agreement 
between a consumer-owned water utility and another entity that involves the large-scale 
extraction of water and the large-scale transportation of water. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Large-scale extraction of water" means the extraction of water that is required to 
be permitted, certified, reported or approved pursuant to: 
(1) The in-stream flow provisions of Title 38, section 470-H; 
(2) The requirements for significant groundwater wells under Title 38, section 
480-B; 
(3) The site location of development law requirements for a development of state 
or regional significance that may substantially affect the environment as provided 
in Title 38, section 482, subsection 2; or 
(4) 
The water withdrawal reporting program under Title 38, chapter 3, 
subchapter 1, article 4-B. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "IF to H.P. 192, L.D. 238 
B. 
"Large-scale transportation of water" means the transportation of water for 
commercial purposes by pipeline or other conduit or by tank truck or in a container, 
greater in size than 10 gallons, beyond the boundaries of the municipality or township 
in which the water is naturally located or of any bordering municipality or township. 
2. Public meeting required. A consumer-owned water utility may not enter into a 
contract or agreement subject to this section until at least 30 days after holding a public 
meeting on the proposed contract or agreement in accordance with this subsection. The 
public meeting must include: 
A. A presentation by the consumer-owned water utility of the terms and conditions 
of the proposed contract or agreement and the criteria to be used by the utility to 
decide whether to enter into the contract or agreement; and 
B. An 0ppOltunity for public comment on the proposed contract or agreement. 
3. Public notice required. The consumer-owned water utility shall, at least 30 days 
prior to the public meeting required under subsection 2, give written notice of the public 
meeting and the proposed contract or agreement in accordance with this subsection. The 
notice must include the date, time, place and purpose of the meeting. 
A. The consumer-owned water utility shall give one written notice to each of its 
customers. 
S. The consumer-owned water utility shall give written notice to the commission, the 
Office of the Public Advocate and the municipality or municipalities where the 
source of water is located. 
C. The cOllsumer~owlled water utility shall publish one notice in a newspaper of 
general circulation in the area served by the consumer-owned water utility. 
4. 
Copy available for inspection. 
Prior to the public meeting required under 
subsection 2, the consumer-owned water utility shall make available for public inspection 
a copy of the proposed contract or agreement. 
5. Exceptions. This section does not apply to a contract or agreement between a 
consumer-owned water utility and another entity that involves the large-scale extraction 
of water and the large-scale transportation of water when: 
A. The entity entering into a contract or agreement with the consumer-owned water 
utility is: 
(1) An existing customer of the consumer-owned water utility; or 
(2) A water utility; or 
S. The large-scale transportation of water meets the exceptions provided in Title 22, 
section 2660-A, subsection 2, paragraph S, C or D. 
6. Rulemaking. The commission may adopt rules to implement this section. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.' 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "11" to H.P. 192, L.D. 238 
SUMMARY 
This amendment replaces the bill. The amendment prohibits a consumer-owned water 
utility from entering into a contract that involves large-scale extraction and transportation 
of water until the utility has: 
1. Held a public meeting that includes oppOliunity for public comment at least 30 
days before entering into such contract; 
2. Provided public notice of the meeting and the proposed contract to each of the 
utility's cllstomers, the Public Utilities Commission, the Office of the Public Advocate 
and affected municipalities, and in a newspaper of general circulation in the area served 
by the utility, at least 30 days prior to the meeting; and 
II 
3. Made a copy of the proposed contract available for public inspection prior to the 
meeting. 
The amendment specifies that the requirements do not apply to any contract between 
a consumer-owned water utility and another entity that involves large-scale extraction 
and transportation of water when the entity contracting with the utility is an existing 
customer of the utility or is a water utility, or when the transportation of water to be 
provided under the contract qualifies as one of several exceptions in the laws governing 
restrictions on bulk transport of water. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/18/09 
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LD238 
LR 446(02) 
An Act Regarding Consumer-'owned Water Utilities and Contracts for Water Extraction and for the 
Sale of Water 
Fiscal Detail and Notes' 
Fiscal Note for Bill as Amended by Committee Amendment 'II" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Funds 
Additional costs to the Office ofthe Public Advocate and the Public Utilities Commission can be absorbed within 
existing budgeted resources. 
LR0446(02) - Fiscal Note - Page 1 of 1 
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