An Act To Amend the Charter of the Bingham Water District
Maine Legislature, Session 125, LD 1842
Committee: Energy, Utilities and Technology
Sponsors: DUNPHY, ESPLING

Legislative Document 
No. 1842 
H.P. 1363 
House of Representatives, March 6, 2012 
An Act To Amend the Charter of the Bingham Water District 
(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 DUNPHY of Embden. 
Cosponsored by Representatives: ESPLING of New Gloucester, McCLELLAN of Raymond. 
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 Bingham Water District has lost a significant portion of its customer 
base in the last few years; and 
Whereas, the Bingham Water District has invested in infrastructure improvements 
for its customers; and 
Whereas, the debt obligations of the Bingham Water District are increasingly 
difficult to meet with fewer customers; 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  P&SL 1911, c. 13, §6, 2nd ¶ is repealed and the following enacted in its 
place: 
Each member is entitled to compensation as recommended by the trustees and 
approved by a majority vote of the municipal officers of the Town of Bingham and 
Concord Township.  Certification of the vote must be recorded with the Secretary of State 
and recorded in the bylaws. 
Sec. 2.  P&SL 1911, c. 13, §6, last ¶ is amended to read: 
The said water district, at any legal meeting thereof called for the purpose, may adopt 
such by-laws bylaws and provisions, not inconsistent with the constitution and laws of 
this state State and of the United States, as they may deem determine expedient and 
necessary for the good government and regulation of the municipal affairs of said the 
water district, in which case, such by-laws. The bylaws and provisions so adopted shall 
apply to said the water district as fully, to for all intents and purposes, as the other 
provisions of this act, subject to alterations and additions only by a two-thirds simple 
majority vote of the legal voters of said the water district present and voting at a legal 
meeting thereof called for the purpose. 
Sec. 3.  P&SL 1911, c. 13, §8, sub-§6 is enacted to read: 
6.  Notwithstanding any other provision of law to the contrary, the board of trustees 
may adopt and implement a resolution that provides that, if a customer voluntarily 
disconnects the customer's property from the water system, the customer and any 
successor or assign of the customer continues to be obligated to pay any minimum charge 
in the water district's schedule of rates that was applicable to the property at the time of 
the disconnection. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the charter of the Bingham Water District by amending the 
procedure by which the board of trustees receives compensation, changing the vote to 
amend the bylaws from a 2/3 vote to a simple majority and authorizing the board of 
trustees to adopt a resolution that provides that the minimum charge for water service 
continues to apply to property that is disconnected from the system.