An Act To Amend the Boothbay Region Water District Charter
Maine Legislature, Session 125, LD 1834
Committee: Energy, Utilities and Technology
Sponsors: MacDONALD, JOHNSON

Legislative Document 
No. 1834 
H.P. 1354 
House of Representatives, February 27, 2012 
An Act To Amend the Boothbay Region Water District Charter 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MacDONALD of Boothbay. 
Cosponsored by Senator JOHNSON of Lincoln. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Town of Southport is critically deficient in existing infrastructure for 
fire protection; and 
Whereas, the existing groundwater drawn upon by the population of the Town of 
Southport through wells is contaminated with many inorganic and organic compounds; 
and 
Whereas, the population of the Town of Southport must have year-round access to 
clean and safe drinking water 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 enacted by the People of the State of Maine as follows: 
Sec. 1.  P&SL 2001, c. 15, §1 is amended to read: 
Sec. 1.  Territorial limits; corporate name.  Pursuant to the Maine Revised 
Statutes, Title 35-A, section 6403, subsection 1, paragraph B and subject to section 8 of 
this Act, the territory and the inhabitants of the Town of Boothbay and, the Town of 
Boothbay Harbor and the Town of Southport constitute a standard water district under the 
name "Boothbay Region Water District," referred to in this Act as the "district." 
Sec. 2.  P&SL 2001, c. 15, §2 is amended to read: 
Sec. 2.  Powers; authority; duties.  Except as otherwise expressly provided in 
this Act, the district has all the powers and authority and is subject to all the requirements 
and restrictions provided in the Maine Revised Statutes, Title 35-A, chapter 64.  The 
district is authorized to provide water to the Town of Southport. 
Sec. 3.  P&SL 2001, c. 15, §5, first ¶ is amended to read: 
Sec. 5.  Trustees; how elected; first board; meeting; officers.  All of the 
affairs of the district must be managed by a board of trustees composed of 5 7 members: 
two residents of the Town of Boothbay Harbor, 2 residents of the Town of Boothbay, 2 
residents of the Town of Southport and one at-large member chosen from the 3 towns. 
Sec. 4.  P&SL 2001, c. 15, §5, sub-§4 is amended to read: 
4.  Vacancy.  Whenever the term of office of a trustee from the Town of Boothbay 
Harbor expires, the trustee's successor must be elected from the Town of Boothbay 
Harbor by the inhabitants of the district, except that, after the first year, the successor of 
the trustee from the Town of Boothbay Harbor that served a term of one year must be 
elected at large by the inhabitants of the district at town meetings to be held in the Town 
of Boothbay Harbor and, the Town of Boothbay and  the Town of Southport.  Whenever 
the term of office of a trustee from the Town of Boothbay expires, the trustee's successor 
must be elected from the Town of Boothbay by the inhabitants of the district.  Whenever 
the term of office of a trustee from the Town of Southport expires, the trustee's successor 
must be elected from the Town of Southport by the inhabitants of the district by secret 
ballot.  Trustees are elected at the annual town meetings from the town that the trustees 
represent.  The trustee so elected shall serve the full term of 3 years.  If any vacancy 
arises in the membership of the board of trustees, it must be filled in like manner for the 
unexpired term by a special election to be called by the trustees of the district.  When any 
trustee ceases to be a resident of the district, the trustee shall vacate the office of trustee 
and the vacancy must be filled as provided in this subsection.  All trustees are eligible for 
reelection, but a person who is a municipal officer in the Town of Boothbay Harbor or, 
the Town of Boothbay or the Town of Southport is not eligible for nomination or election 
as trustee. 
Sec. 5.  P&SL 2001, c. 15, §5-A is enacted to read: 
Sec. 5-A.  Southport trustees; first appointment.  The municipal officers of 
the Town of Southport at a regular meeting or special meeting shall appoint 2 trustees to 
serve on the board of trustees of the Boothbay Region Water District from the Town of 
Southport, both of whom must be residents of the Town of Southport.  Of these initial 
trustees, one trustee shall serve for a term of one year and one for a term of 2 years.  The 
municipal officers shall determine the term of office of each trustee.  Vacancies must be 
filled pursuant to section 5, subsection 4. 
Sec. 6.  P&SL 2001, c. 15, §7-A is enacted to read: 
Sec. 7-A.  Transfer of assets of the Southport water system.  The district, 
through its trustees, shall acquire, in accordance with this section, all of the assets of the 
Southport water system. 
The sale and transfer by the Town of Southport to the district of its plants, properties, 
assets, franchises, rights and privileges, the assumption by the district of all the 
outstanding debts, obligations and liabilities of the Southport water system pursuant to 
this section and the subsequent use of the plants, properties, assets, franchises, rights and 
privileges by the district within the limits of the district are subject to the approval of the 
Public Utilities Commission as may be required by the Maine Revised Statutes, Title 
35-A, Part 1. 
Sec. 7.  Emergency clause; referenda; effective date.  In view of the 
emergency cited in the preamble, this Act takes effect when approved only for the 
purpose of permitting its submission to the legal voters within the territory described in 
section 1 of this Act at each town's annual election or a special election called for that 
purpose within 2 years after the effective date of this Act. The election must be called by 
the municipal officers of the respective towns and must be held at the regular voting 
places. The election must be called, advertised and conducted according to the law 
relating to municipal elections. The registrars shall make a complete list of all the eligible 
voters of the proposed district as described in this Act. The list prepared by the registrars 
governs the eligibility of a voter. For the purpose of registration of voters, the registrars 
of voters must be in session the secular day preceding the election. The subject matter of 
this Act is reduced to the following question: 
"Do you favor allowing the Boothbay Region Water District to provide 
water to the Town of Southport and to acquire the assets of the Southport 
water system?" 
 The voters shall indicate by a cross or check mark placed against the words "Yes" or 
"No" their opinion of the same. 
The results must be declared by the municipal officers of the Town of Boothbay 
Harbor, the Town of Boothbay and the Town of Southport and due certificate of the 
results filed by the clerks with the Secretary of State. 
This Act takes effect for all purposes immediately upon its approval by a majority of 
the legal voters of each town voting at the election. Failure to achieve the necessary 
approval in any referendum does not prohibit subsequent referenda consistent with this 
section as long as the referenda are held within 2 years of the effective date of this Act. 
SUMMARY 
This bill amends the Boothbay Region Water District charter by increasing the 
number of trustees from 5 to 7, including in the district's territory the Town of Southport 
and providing for how the 2 new trustees from the Town of Southport will be elected.  
The bill also requires the Boothbay Region Water District to acquire the assets and debt 
of the Southport water system.