An Act To Direct the Public Utilities Commission To Adopt Rules To Improve the Safety of Multiunit Rental Dwellings
Maine Legislature, Session 124, LD 1695
Committee Amendment CA_A_H680 (House)

COMMITTEE AMENDMENT ,A " 
to H.P. 1196, L.D. 1695, Bill, "An Act To 
Direct the Public Utilities Commission To Adopt Rules To Improve the Safety of 
Multiunit Rental Dwellings" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, DiI'ecting the Public Utilities Commission To Address Public Safety Issues 
Relating to Disconnection of Certain Utilities' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, to promote the protection of life and safety, promote the protection of 
private property, ensure the privacy of customer information and ensure that both owners 
and tenants receive appropriate information about available utility payment assistance 
programs, standards or procedures relating to disconnection of service by electric, gas and 
water utilities should be developed 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, be it 
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Sec. 1. 
Development of standards or p.·ocedures to address utility 
disconnection safety issues. Resolved: That the Public Utilities Commission, in 
consultation with representatives of transmission and distribution utilities, gas utilities 
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and water utilities as well as representatives of owners of rental units and representatives 
of tenants and other interested persons, shall seek to develop appropri~te and reasonable 
procedures to allow owners of rental units to receive notice of disconnection of electric, 
gas or water service to a tenant. In establishing any procedures, the commission shall 
seek to promote the protection of Ii fe and safety and of private property, to ensure the 
Page I - 124LR2303(02)-1 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT ,A " 
to I-J.P. 1196, L.D. 1695 
privacy of customer infonnation and to ensure that both ownel's and tenants receive 
appropriate information about available utility payment assistance programs. 
Any 
procedures established by the commission must apply to tenancies in which there is a 
written lease, and the commission shall examine how and whether to apply any 
procedures to tenancies at will. The commission may not modity procedures relating to 
utility liens for nonpayment of charges. The commission shall establish appropriate time 
frames for any required notices and shall make clear the penalties that will apply under 
existing law for violations of established procedures. 
In developing any procedures, the 
commission shall examine all existing relevant laws and rules, including the Maine 
Revised Statutes, Title 14, section 6024-A, relating to landlord failure to pay for utility 
services; Title 35-A, section 706, relating to disconnection of a tenant's utilities for a 
landlord's failure to pay for utility service; and Title 35-A, section 6111-B, relating to 
water utilities. The commission shall also consider enhancing notice to both tenants and 
owners of existing assistance programs that could help in paying for utility bills, 
including but not limited to low-income home energy assistance programs and "lifeline" 
programs. 
The commission shall review existing voluntary agreements that allow a 
utility account to be transferred to a landlord if a tenant's service is disconnected. The 
commission shall seek to limit the number of any new notices that are provided to 
landlords to the fewest pos~ible consistent with the goals of this resolve. The commission 
shall examine and seek to resolve the following issues: how owners should notity utilities 
of the existence of rental units and whether the notice should be mandatory or voluntary; 
when a utility, after disconnection of a customer's service, may treat that person as no 
longer a customer and when policies governing the privacy of a customer's account 
should no longer apply; how any procedures adopted by the commission should apply to 
consumer-owned utilities; whether utilities should be permitted to collect a charge for 
providing any notifications under any new procedures adopted by the commission; 
whether procedures should be different for water, gas and transmission and distribution 
utilities; and whether a model clause for inclusion in lease agreements should be created 
that, if used, would allow notification to landlords of any disconnection of utility services 
to tenants. The commission may not establish any new fees for procedures or. notices 
established under current law or rules; and be it fUliher 
Sec. 2. Rules. Resolved: That the Public Utilities Commission may adopt rules 
as necessary to accomplish the goals of this resolve. Any rules adopted under this section 
are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, 
. subchapter 2-A; and be it fmiher 
Sec. 3. Report. Resolved: That the Public Utilities Commission shall repOli to 
the joint standing committee of the Legislature having jurisdiction over utilities and 
energy matters by January 15, 2011 the results of its examination under section 1 as well 
as any procedures established, incIi.lding a description of any rules adopted under section 
2. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1196, L.D. 1695 
SUMMARY 
This amendment replaces the bill with a resolve that directs the Public Utilities 
Commission, in consultation with representatives of transmission and distribution 
utilities, gas utilities and water utilities as well as representatives of owners of rental units 
and representatives of tenants and other interested persons, to seek to develop appropriate 
and reasonable procedures to allow owners of rental units to receive notice of 
disconnection of electric, gas or water service to a tenant. The commission is directed to 
examine a variety of issues related to this matter and is authorized to take action pursuant 
to existing laws and rules or to adopt rules as necessary to achieve the goals of the 
resolve. The commission is required to repOli to the joint standing committee of the 
Legislature having jurisdiction over utilities and energy matters by January 15, 2011 the 
results of its examination as well as any procedures established. The amendment also 
adds an emergency preamble and an emergency clause. 
FISCAL NOTE REQIDRED 
(See attached) 
. Page 3 - 124LR2303(02)-1 
COMMITTEE AMENDMENT 
Approved: 03/01110 frac:.. 
LD 1695 
LR 2303(02) 
An Act To Direct the Public Utilities Commission To Adopt Rules To Improve the Safety of Multiunit 
Rental Dwellings 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Public Utilities Commission (PUC) to consult with stakeholders to develop procedures to 
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allow owners to receive notice of disconnection of electric/gas/water services, review related issues, make rules and,,, 
report findings to the Joint Standing Committee on Utilities and Energy can be absorbed within existing budgeted) 
resources. 
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LR2303(02) - Fiscal Note - Page I of I