Resolve, Directing the Public Utilities Commission To Develop a Plan To Reform Water Regulation II
Maine Legislature, Session 126, LD 0441
Committee Amendment CA_A_S94 (Senate)

COMMITTEE AMENDME'JT "A "to S.P. 173, L.D. 441, "Resolve, Directing the 
Public Utilities Commission To Develop a Plan To Reform Water Regulation" 
II 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Directing the Public Utilities Commission To Develop a Plan To Reform 
Regulation of Consumer-owned Water Utilities' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Sec. 1. 
Regulatory reform plan. 
Resolved: 
That the Public Utilities 
Commission, referred to in this resolve as "the commission," shall develop a plan to 
reform regulation of consumer-owned water utilities in the State in accordance with the 
following. 
1. The plan must be consiste:nt with the following: 
A. Regulatory burdens must be the minimum necessary to protect the public welfare; 
B. 
Regulatory reform may not relieve any provider from complying with 
environmental obligations under either state or federal law, including but not limited 
to those relating to the safety of drinking water; 
C. 
Regulatory reform may make distinctions between consumer-owned water 
utilities based on the utilities' available resources and expertise, as well as on the form 
of local governance; 
D. Regulatory reform must ensure the continued adequacy of consumer protection 
regulation, including the maintenance of appropriate limitations on disconnection and 
collection practices, and must ensure that consumers have adequate mechanisms 
available to them to resolve complaints fairly and promptly; and 
E. Regulatory reform must provide a mechanism that ensures that the rates charged 
by each consumer-owned water utility are just and reasonable, pursuant to the 
standards of the Maine Revised Statutes, Title 35-A, section 301. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to S.P. 173, L.D. 441 
2. In developing the plan, the commission shall: 
A. Seek input from interested parties representing diverse geographic areas of the 
State but is not required to conduct an adjudicatory proceeding; 
B. Ensure that the interests of consumer-owned water utilities and their ratepayers 
are protected with regard to the provision of, and charges for: 
(1) Municipal fire protection; 
(2) Water main extensions; and 
(3) Consumer-owned water utilities' readiness to serve charges; 
C. Examine the current regulatory structure in accordance with the requirements in 
subsection 1 and may not presume existing laws and rules are appropriately designed 
for the current environment and the needs of consumer-owned water utilities and 
their ratepayers; 
D. Define and quantify the implications of the potential outcomes of implementing 
the plan; and 
E. Consider stakeholder comments that are not supportive of regulation reform of 
consumer-owned water utilities and include those viewpoints as part of its report 
under subsection 3. 
3. The commission shall submit its report including the plan to the Joint Standing 
Committee on Energy, Utilities and Technology no later than January 31, 2014. The 
report must describe necessary changes to law, rules or procedures and any other 
necessary actions to implement the plan. 
To the maximum extent practicable, the 
commission shall establish target dates for implementation of the elements of the plan no 
later than 90 days after the adjournment of the Second Regular Session of the l26th 
Legislature. The commission shall include with the report a draft of any legislation 
necessary to implement the plan and, consistent with the requirements of the Maine 
Revised Statutes, Title 5, chapter 375, changes to rules necessary to implement the plan. 
The Joint Standing Committee on Energy, Utilities and Technology may report out a bill 
to reform regulation of consumer-owned water utilities to the Second Regular Session of 
the 126th Legislature; and be it further 
Sec. 2. Action on filings. Resolved: That, consistent with the purposes of this 
resolve and the requirements in section 1, the commission shall process any filings 
submitted by consumer-owned water utilities for exemptions under the Maine Revised 
Statutes, Title 35-A with as much deliberate speed as possible, within the constraints of 
existing resources.' 
SUMMARY 
This amendment replaces the resolve and directs the Public Utilities Commission to 
develop a plan to reform regulation of consumer-owned water utilities. It changes the 
date for the commission to report to the Joint Standing Committee on Energy, Utilities 
and Technology from December 31, 2013 to January 31, 2014. 
It also directs the 
commission to continue to process any filings submitted by consumer-owned water 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A .. ::0 S.P. 173, L.D. 441 
utilities for exemptions under the laws governing utilities with as much deliberate speed 
as possible, within the constraints of existing resources. 
FISCAL NOTE REQUIRED 
(See attached) 
COMM/7-TEE AMENDMENT 
Approved: 04/23/13 ;tvac 
LD441 
LR 1745(02) 
Resolve, Directing the Public Utilities Commission To Develop a Plan To Reform Water Regulation 
Fiscal Note for Bill as Amended by Committee Amendment !A" IS ... 't"l \ 
Committee: Energy, Utilities and Technology 
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Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs incurred by the Public Utilities Commission related to developing a plan to reform regulation of 
consumer-owned water utilities and reporting back to the Legislature can be absorbed within existing budgeted 
resources. 
LR1745(02) - Fiscal Note - Page 1 of 1