An Act To Improve Response to Gas Safety Emergencies
Maine Legislature, Session 125, LD 0197
Committee Amendment CA_A_H26 (House)
Amends: 35-A MRSA §117

COMMITTEE AMENDMENT "~,, to H.P. 174, L.D. 197, Bill, "An Act To 
Improve Response to Gas Safety Emergencies" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the follO\ving: 
'Sec. 1. 25 MRS A §2394, as amended by PL 1973, c. 632, §4, is further amended 
to read: 
§2394. Investigation of fire origin; Attorney General may direct 
When property is destroyed or damaged by fire, the municipal fire inspector shall 
investigate the cause, circumstances and origin of the fire, and especially examine 
whether it was the result of carelessness or of design. The Attorney General may 
supervise and direct such investigation whenever he deems it the Attorney General 
determines it to be expedient or necessary. If arson is suspected, StI£It the municipal fire 
inspector shall immediately notify the State Fire Marshal or an inspector of his office the 
Office of the State Fire Marshal, who shall cause a full investigation thereof to be 
conducted. The State Fire Marshal and flts agents or employees shall have the authority to 
of the Office of the State Fire Marshal may investigate or cause to be investigated any fire 
or explosion within the State. 
1. 
Certain explosions or fires; investigation and securing of evidence. 
In 
accordance with the protocol adopted by the State Fire Marshal pursuant to this 
subsection, the State Fire Marshal shall investigate and secure evidence of a gas 
explosion event. 
For purposes of this subsection, "gas explosion event" means an 
explosion or fire caused or suspected to be caused by or that involves natural gas or 
liquefied petroleum gas and that causes injury or substantial property damage, as 
determined according to the protocol adopted under this subsection. 
The State Fire 
Marshal shall develop a protocol for investigating and securing evidence under this 
section that: 
Page I - 125LR0745(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT )1'" to H,P, 174, LD, 197 
A 
Establishes reasonable standards for determining whether an explosion or fire 
may have been caused by or involved natural gas or liquefied petroleum gas and 
whether the explosion or fire caused injury or substantial property damage; and 
B, Establishes procedures for informing local fire officials of the requirements ofthis 
subsection and for coordinating the investigation, as appropriate, with local fire 
officials, the Public Utilities Commission, the utility or other entity that controlled, 
transported or delivered the natural gas or liquefied petroleum gas and other relevant 
entities. 
Sec. 2. 35-A MRSA §117, sub-§3, as corrected by RR 2009, c, 2, §98, is 
amended to read: 
3. 
Administrative penalties. 
Except as provided in this subsection, all 
administrative penalties collected by the commission must be deposited into the Public 
Utilities Commission Reimbursement Fund. 
A, 
The commission may use amounts collected as administrative penalties and 
deposited in the Public Utilities Commission Reimbursement Fund to reimburse the 
commission for additional expenses associated with the enforcement activities that 
resulted in the collection of the penalty, If the Department of Public Safety, Office of 
the State Fire Marshal undertakes an investigation of a gas explosion event pursuant 
to Title 25, section 2394, subsection I involving a gas utility or a natural gas pipeline 
utility subject to the jurisdiction of the commission, the commission, at the request of 
the State Fire Marshal, may reimburse the Office of the State Fire Marshal for its 
additional expenses associated with that investigation, 
B, 
After deducting any amount used pursuant to paragraph A, the commission may, 
to the extent practicable and in as equitable and fair a manner as possible, apply 
administrative penalties, along with any accrued interest, in accordance with this 
paragraph. The commission shall seek to apply the amount in a manner that benefits 
those customers affected or potentially affected by the violation, if they can 
reasonably be identified or, if the commission determines this application of the 
amount to be impractical or unreasonable, in a manner that benefits the class or group 
of customers affected or potentially affected by the violation, In order to achieve the 
purposes of this paragraph, the commission may apply the funds: 
(l) In the form of a direct payment or credit to the customers or group or class 
of customers affected or potentially affected by the violation resulting in the 
administrative penalty; 
(2) 
To supplement a low-income assistance or outreach program that the 
commission determines would benefit customers affected or potentially affected 
by the violation resulting in the administrative penalty; 
(3) 
To supplement the conservation program fund established pursuant to 
section 10110, subsection 7; 
(4) To supplement the telecommunications education access fund established 
pursuant to section 7104-B; or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,if" to H.P. 174, L.D. 197 
(5) To supplement any other program or fund that the commission determines 
would benefit customers affected or potentially affected by the violation. 
Amounts applied pursuant to this paragraph to supplement an existing program or 
fund may not result in a reduction in other funding provided for the program or fund 
unless the reduction is outside the commission's control and the commission finds 
that application of the penalty amount to the fund or program is the most appropriate 
use of the penalty and the net effect will be an increase in total funding available to 
the program or fund. 
In any final order issued by the commission approving or denying the application of 
administrative penalties to benefit any person affected or potentially affected by the 
violation, the commission shall make specific findings of fact supporting the 
commission's decision, including findings supporting any amount the commission 
approves as well as findings supporting the commission's denial of amounts requested 
by any person. 
Sec. 3. 3S-A MRSA §4712 is enacted to read: 
§4712. Gas emergency response 
1. Definitions. As used in this section, unless the context otherwise indicates, "gas 
explosion event" means an explosion or fire that causes property damage or personal 
injury and that involves natural gas or liquefied petroleum gas controlled, transported or 
delivered by a gas utility or a natural gas pipeline utility subject to the jurisdiction of the 
commission. 
2. Response. Following a gas explosion event, the commission shall immediately 
contact the State Fire Marshal: 
A. To confirm that the State Fire Marshal is investigating the event and securing 
evidence in accordance with Title 25, section 2394, subsection I and to coordinate 
the commission's activities with the State Fire Marshal's investigation; or 
B. To confirm that the event does not warrant investigation by the State Fire Marshal 
pursuant to the protocol established in accordance with Title 25, section 2394, 
subsection I. 
3. Proceedings. In any commission proceeding concerning a gas explosion event, 
the commission shall afford a person injured by the event or who suffered property 
damage in the event an opportunity to address the commission regarding the event. 
4. Compensation. In determining pursuant to section 117 whether to apply any 
administrative penalties relating to the gas explosion event to benefit customers affected 
or potentially affected by the violation, and in determining the amount to apply, the 
commission shall consider documented property damages suffered by a person as a result 
of the event and may apply an amount to equitably compensate that person for losses not 
otherwise fully compensated.' 
SUMMARY 
This amendment replaces the bill. This amendment: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 174, L.D. 197 
1. 
Requires the State Fire Marshal to investigate and secure evidence of a gas 
explosion event in accordance with a protocol adopted by the State Fire Marshal; 
2. Allows the Public Utilities Commission to reimburse the State Fire Marshal for 
expenses associated with investigating a gas explosion event involving a gas utility or a 
natural gas pipeline utility subject to the jurisdiction of the commission; 
3. 
Directs the Public Utilities Commission to allow a person injured by a gas 
explosion event or who suffered property damage an opportunity to address the 
commission in a proceeding concerning the gas explosion event; 
4. 
Requires the Public Utilities Commission, in any final order regarding the 
application of administrative penalties to benefit any person affected or potentially 
affected by the underlying violation, to make specific findings of fact supporting the 
commission's decision, including findings supporting any amount the commission 
decides to apply as well as findings supporting any denial of a request or portion of a 
request for an application of the penalties to benefit a person affected or potentially 
affected by the violation; and 
5. 
Directs the Public Utilities Commission, in determining whether to apply any 
administrative penalties relating to the gas explosion event to benefit customers affected 
or potentially affected by the violation, and in determining the amount to apply, to 
consider documented property losses suffered by a person as a resuit of the t:vent and 
allows the commission to apply an amount to equitably compensate the person for losses 
not otherwise fully compensated. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/11111 frac 
LD 197 
LR 745(02) 
An Act To Improve Response to Gas Safety Emergencies 
Fiscal Note for Bill as Amended by Committee Amendment "fl" 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Insignificant increase in appeals to the Law Court. 
Fiscal Detail and Notes 
Requiring the Public Utilities Commission (PUC) to allow persons injured by gas explosion events or who suffer 
property damage theref1-om to address the PUC in a formal proceeding, to make specific findings of fact in any final 
order including findings regarding administrative penalties arising from the violation and to consider documented 
property losses and make equitable compensation for such losses may result in minor costs to the PUC which can be 
absorbed within existing budgeted resources. 
LR0745(02) - Fiscal Note - Page 1 of 1