Resolve, Directing the Public Utilities Commission To Develop a Plan To Reform Water Regulation
Maine Legislature, Session 126, LD 0441
Committee: Energy, Utilities and Technology
Sponsors: HASKELL, DION, ALFOND, FARNSWORTH, JORGENSEN, MOONEN

Legislative Document 
No. 441 
S.P. 173 
In Senate, February 14, 2013 
Resolve, Directing the Public Utilities Commission To Develop a 
Plan To Reform Water Regulation 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator HASKELL of Cumberland. 
Cosponsored by Representative DION of Portland and 
Senator: President ALFOND of Cumberland, Representatives: FARNSWORTH of Portland, 
JORGENSEN of Portland, MOONEN of Portland. 
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 water regulation in the State in accordance with the following. 
1.  The plan must be consistent 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 water utilities based on the 
utilities' available resources and expertise, as well as on the form of local governance; 
and 
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. 
2.  In developing the plan, the commission: 
A.  Shall seek input from interested parties but is not required to conduct an 
adjudicatory proceeding; and 
B.  Shall 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 competitive environment. 
3.  The commission shall submit its plan to the Joint Standing Committee on Energy, 
Utilities and Technology no later than December 31, 2013.  The plan 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 126th Legislature.  The commission 
shall include with the plan 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 water regulation 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 Public Utilities Commission shall seek to 
process any filings submitted by 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 resolve directs the Public Utilities Commission to develop a plan to reform 
water regulation and report to the Joint Standing Committee on Energy, Utilities and 
Technology no later than December 31, 2013.  The Joint Standing Committee on Energy, 
Utilities and Technology may report out a bill to reform water regulation to the Second 
Regular Session of the 126th Legislature.  It also directs the commission to seek to 
process any filings submitted by water utilities for exemptions under the laws governing 
utilities with as much deliberate speed as possible, within the constraints of existing 
resources.