An Act To Streamline Collections for Consumer-owned Consolidated Water and Wastewater Utilities
Maine Legislature, Session 124, LD 1645
Committee Amendment CA_A_H698 (House)

COMMITTEE AMENDMENT" A" to H.P. 1173, L.D. 1645, Bill, "An Act To 
Streamline Collections for Consumer-owned Consolidated Water and Wastewater 
Utilities" 
Amend the bill by inserting after the title and before the enacting clause 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 protect the public peace, health and safety and to address the financial 
needs of combined water and sewer districts, procedures governing the disconnection of 
water service for nonpayment of sewer service must be established 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 puolic peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the followi~lg: 
'Sec. 1. 35-A MRS A §6ill-C is enacted to read: 
§6111-C. Disconnection ofwate .. sel'vice fo .. nonpayment ofsewe .. services 
Except as provided in subsection 4, this section applies to any consumer-owned water 
utility that is authorized to provide sewer services, notwithstanding any provision in its' 
charter. Notwithstanding any other provision of law, in the event a user of the consumer-
owned water utility's sewer system fails within a reasonable time to pay the utility's rates, 
fees or charges for sewel; service, the utility may disconnect water service to the user, as 
long as the disconnection is accomplished in accordance with procedures established in 
applicable law or rules governing disconnection of util ity services and terms and 
conditions approved by the commission. In order to exercise this authority, the utility 
Page I - 124LR22S2(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A 
"to H.P. 1173, L.D. 1645 
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must apply to the commission and the commission must approve. terms and conditions 
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consistent with the requirements of this section. 
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1. Annual filings. 
The terms and conditions under this section must include a 
requirement that the consumer-owned water utility annually file with the commission a 
report that includes: 
A. The total number of each of the following over the preceding 12 months: 
(1) Disconnection notices issued; 
(2) Disconnections completed; and 
(3) Reconnections of disconnections; and 
B. The reason for each disconnection. 
2. Assistance prog.-am information. The terms and conditions under this section 
must include a requirement that the consumer-owned water utility provide to customers to 
whom the utility sends disconnection notices infonnation about available assistance 
programs, including programs that offer assistance in paying for sewer or water service, 
p[,(:lgrams-that-offel'-assistancein -paying-fol' otherutility-services-or-in- paying-for heating 
fuel or similar assistance programs that could provide sufficient support to the customer 
to allow the customer to pay the utility's rates, fees or charges for sewer service. 
3. Limitations. The terms and conditions under this section must prohibit: 
A. A disconnection based solely on a customer's nonpayment of a fee or charge for 
estimated sewer service usage; and 
B. A disconnection of a multiunit rental facility greater than 2 units unless the owner 
of the facility occupies a unit that would be subject to the disconnection. 
4. Exception. Subsection 3, paragraph B does not apply to a consumer-owned water 
utility that has authority pursuant to its charter to disconnect water service in the event a 
user of the consumer-owned water utility's sewer system fails to pay the utility's rates, 
fees or charges for sewer service, provided the charter provision establishing that 
authority was enacted prior to August I, 20 I O. 
Sec. 2. Report. The Public Utilities Commission shall provide a report to the joint 
standing committee of the Legislature having jurisdiction over utilities and energy 
matters by January 15, 2012 that includes the information submitted by consumer-owned 
water utilities authorized to provide sewer services, pursuant to the terms and conditions 
required under the Maine Revised Statutes, Title 35-A, section 611 I-C as well as 
information on customer complaints to the commission regarding actions taken by 
utilities pursuant to Title 35-A, section 6111-C and any recommendations by the. 
commission with regard to changes to Title 35-A, section 6111-C or other actions to 
address any issues identified by the commission.' 
Amend the bill by adding before the summary the following: 
'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 i~\ " 
to H.P. 1173, L.D. 1645 
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SUMMARY 
This amendment imposes specific terms and conditions on any consumer-owned 
water utility authorized to provide sewer services that chooses to exercise the authority 
granted in the bill to disconnect water service for nonpayment of sewer service. The 
terms and conditions include requiring annual reports to the Public Utilities Commission 
regarding disconnections, requiring that the utility provide to the customer certain 
information about available assistance programs, prohibiting disconnection based on bills 
for estimated sewer usage and prohibiting disconnection of multiunit rental facilities 
greater than 2 units unless the owner occupies one of the units. A utility that has the 
disconnection authority under a charter provision enacted prior to August I, 20 lOis 
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exempted from the prohibition relating to disconnection of multiunit rental facilities. The 
amendment requires the Public Utilities Commission to repOli to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters by 
January 15, 2012 on disconnection actions taken by utilities as well as any commission 
recommendations for changes to the law. The amendment clarifies that its provisions 
apply to all cOinbined water and sewer entities, including those that may already have 
similar authority in their charters. The amendment also adds an emergency preamble and 
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emergency clause to the bill. 
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FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/01110 frac.. 
LD 1645 
LR 2252(02) 
An Act To Streamline Collections for Consumer-owned Consolidated Water and Wastewater Utilities 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment '~" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
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Requiring the Public Utilities Commission (PUC) to approve terms and conditions for the disconnection of 
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water/sewer services, to receive and process annual utility reports, and to repoli to the Joint Standing Committee on 
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Utilities and Energy will cause the PUC to incur minor costs that can be absorbed within existing budgeted resources. " 
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LR2252(02) -Fiscal Note - Page I of I