An Act To Restore Local Ownership and Control of Maine's Power Delivery Systems”
Maine Legislature, Session 129, LD 1646
Committee Amendment CA_A_H845 (House)
Amends: 35-A MRSA §10105

COMMITTEE AMENDMENT “      ” to H.P. 1181, L.D. 1646, “An Act To Restore 
Local Ownership and Control of Maine's Power Delivery Systems”
Amend the bill by striking out the title and substituting the following:
'An Act To Explore Pathways to Increased Consumer Ownership of Maine's Energy 
Future'
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  35-A MRSA §10105, sub-§8 is enacted to read:
8.  Energy storage systems; generation assets.  The trust may acquire, hold or dispose 
of any real or personal property that is part of or connected to an energy efficiency measure 
or system, an energy storage system or generation assets as consistent with the purposes of 
this chapter.  For the purposes of this subsection, "energy storage system" has the same 
meaning as in section 3481, subsection 6 and "generation assets" has the same meaning as 
in section 3201, subsection 10.
Sec. 2.  Notification of transmission and distribution utility sale; Public Utilities 
Commission inquiry.  The Public Utilities Commission shall open an inquiry to examine 
and make recommendations regarding a process to provide timely notification to all entities 
authorized to own a transmission and distribution plant in the State of any proposed sale of 
an investor-owned transmission and distribution utility and to provide the opportunity for 
the notified entities to bid on the sale.  The commission shall submit a report on the results 
of this inquiry to the joint standing committee of the Legislature having jurisdiction over 
energy and utility matters by March 15, 2021.  The joint standing committee of the 
Legislature having jurisdiction over energy and utility matters may, after receipt of the 
report under this section, submit legislation related to the report to the First Regular Session 
of the 130th Legislature.
Sec. 3.  Least-cost capital provider; Public Utilities Commission inquiry.  The 
Public Utilities Commission shall open an inquiry to examine and make recommendations 
COMMITTEE AMENDMENT “      ” to H.P. 1181, L.D. 1646
COMMITTEE AMENDMENT
regarding a process or pilot program to finance capital investment in and ownership of a 
new transmission and distribution plant by a least-cost capital provider at a lower cost to 
ratepayers than available from the transmission and distribution utility and to compensate 
transmission and distribution utilities for performance in planning, building, maintaining 
and operating the new plant rather than for taxable equity investment.  The commission 
shall submit a report on the results of this inquiry to the joint standing committee of the 
Legislature having jurisdiction over energy and utility matters by March 15, 2021.  The 
joint standing committee of the Legislature having jurisdiction over energy and utility 
matters may, after receipt of the report under this section, submit legislation related to the 
report to the First Regular Session of the 130th Legislature.  For the purpose of this section, 
"least-cost capital provider" means a tax-exempt 3rd-party entity able to finance and own 
a transmission and distribution plant in the State.
Sec. 4.  Consumer Ownership Evaluation Task Force.  The Consumer Ownership 
Evaluation Task Force, referred to in this section as "the task force," is established to 
evaluate and provide recommendations regarding the establishment and operation of a 
consumer-owned transmission and distribution utility to replace the investor-owned 
transmission and distribution utilities in the State.  The task force shall specifically evaluate 
the proposal for the creation of the Maine Power Delivery Authority as presented in L.D. 
1646, An Act To Restore Local Ownership and Control of Maine's Power Delivery 
Systems, during the First Regular Session of the 129th Legislature with the amendment 
presented by Representative Seth Berry to the Joint Standing Committee on Energy, 
Utilities and Technology dated July 22, 2020, and may also consider and evaluate 
variations or alternatives to that proposal that would achieve the same purposes.
1.  Members.  Notwithstanding Joint Rule 353, the task force is composed of 13 
members, including 9 voting members and 4 nonvoting members, as follows:
A.  Three public members, who serve as voting members of the task force, appointed 
by the Governor as follows:
(1)  One member with expertise in utility law or regulation;
(2)  One member with expertise in utility management, planning or engineering; 
and
(3)  One member with expertise in large-scale energy generation or supply markets; 
B  Three public members, who serve as voting members of the task force, appointed 
by the President of the Senate as follows:
(1)  One member with expertise in medium-to-small-scale clean energy 
development or financing;
(2)  One member with expertise in the needs of lower-income or otherwise 
disadvantaged consumers; and
(3)  One member with expertise in the needs of business consumers;
C.  Three public members, who serve as voting members of the task force, appointed 
by the Speaker of the House as follows:
(1)  One member with expertise in economics or utility finance;
COMMITTEE AMENDMENT “      ” to H.P. 1181, L.D. 1646
COMMITTEE AMENDMENT
(2)  One member with expertise in the development of telecommunications systems 
using shared utility infrastructure or of consumer-owned utilities; and
(3)  One member with expertise in the needs of organized labor;
D.  Two members of the Senate, who serve as nonvoting members of the task force, 
appointed by the President of the Senate, including members from each of the 2 parties 
holding the largest number of seats in the Legislature; and
E.  Two members of the House of Representatives, who serve as nonvoting members 
of the task force, appointed by the Speaker of the House, including members from each 
of the 2 parties holding the largest number of seats in the Legislature.
Members of the 129th Legislature appointed pursuant to paragraph D or E serve on the task 
force until the task force submits a final report in accordance with subsection 10.
Members of the task force may not have a personal economic or fiduciary interest that 
would be affected by a recommendation, decision or other matter handled by the task force 
and must sign an affidavit in accordance with subsection 2.
2.  Affidavit.  Prior to conducting any business as a member of the task force, a member 
must have filed with the Maine Commission on Governmental Ethics and Election 
Practices a sworn affidavit stating that the member:
A.  Has not, in the 5 years prior to appointment, performed work for or held direct 
financial interest in any transmission and distribution utility in the State, or its parent 
company or affiliate; and 
B.  Agrees to refrain, for 5 years following appointment, from any activity by which 
the member, the member's family or the member's employer could profit from the 
consideration of, transition to or operations of any consumer-owned or investor-owned 
transmission and distribution utility in the State. 
The Maine Commission on Governmental Ethics and Election Practices shall, to the extent 
practicable within existing resources, make a standard form affidavit available to the 
members of the task force for the purposes of this subsection.
3.  Chair and vice-chair.  Notwithstanding Joint Rule 353, the task force shall elect 
from its voting members a chair and a vice-chair.  The vice-chair shall serve as acting chair 
in the absence of the chair.
4.  Appointments; convening.  All appointments to the task force must be made no 
later than 30 days following the effective date of this legislation.  When the appointment 
of all members has been completed, and the chair and vice-chair of the task force have been 
elected, the chair shall call and convene the first meeting of the task force.  Notwithstanding 
Joint Rule 353, if 30 days or more after the effective date of this legislation a majority of 
appointments but not all appointments have been made, the task force may meet and 
conduct its business.  The task force may conduct up to 5 meetings to complete its work.  
5.  Quorum.  Notwithstanding Joint Rule 353, 5 voting members of the task force 
constitute a majority and a quorum.  All decisions of the task force must be made by a 
majority vote of the task force.
6.  Duties.  To the extent that the task force receives sufficient funding under subsection 
8, the task force shall:
COMMITTEE AMENDMENT “      ” to H.P. 1181, L.D. 1646
COMMITTEE AMENDMENT
A.  Complete the following due diligence studies:
(1)  A review of publicly available projections for the future capital expenditure 
needs of the State's transmission and distribution system;
(2)  A study to evaluate the finance and tax issues related to transitioning to a 
consumer-owned transmission and distribution utility, including but not limited to: 
finance and tax-related obstacles or opportunities in the initial acquisition of 
investor-owned transmission and distribution utilities and the transition to a 
consumer-owned transmission and distribution utility; recommendations for 
optimizing the financial and capital structure; and a tax strategy to mitigate costs 
and maximize both short-term and long-term benefits;
(3)  A study to analyze and recommend a competitive procurement process and an 
optimal contractual arrangement for an independent contractor to manage and 
operate a consumer-owned transmission and distribution utility, including but not 
limited to identification of appropriate performance standards for the contractor; 
and
(4)  A study of regional and federal systems, regulations and requirements that 
affect the transition to a consumer-owned transmission and distribution utility, 
including but not limited to: membership in regional transmission organizations; 
obligations with respect to the Federal Energy Regulatory Commission; 
opportunities to maximize regional and local transmission network service savings; 
and recommendations with respect to the optimal relationship of the proposed 
authority to ISO New England, Inc.;
B.  Develop a recommended transition plan outline for the potential consumer-owned 
transmission and distribution utility.  The transition plan outline must, at a minimum, 
include: a timeline for the transition including specific objectives or benchmarks; 
identification of individuals or entities responsible for each objective or benchmark; 
and potential variations and contingencies for the transition;
C.  Develop a recommended business plan outline for the potential consumer-owned 
transmission and distribution utility.  The business plan outline must, at a minimum, 
provide: a description of the consumer-owned transmission and distribution utility; an 
overview of its objectives and mission; an outline of necessary operations procedures; 
a description of the management and organizational structure; and an outline and 
analysis of the financial plan for the consumer-owned transmission and distribution 
utility; and
D.  Determine whether or not it is in the public interest to transition to consumer 
ownership for all transmission and distribution utilities in the State and make a 
recommendation based on that determination, including specific recommendations for 
next steps, within its final report under subsection 10.  The determination required 
under this paragraph must be based on:
(1)  An assessment of the risks and rewards of the transition plan outline and 
business plan outline developed in accordance with paragraphs B and C; and
(2)  An evaluation of the short-term and long-term net public benefits of the 
transition to and operation of a consumer-owned transmission and distribution 
utility as compared to the continued operation of investor-owned transmission and 
COMMITTEE AMENDMENT “      ” to H.P. 1181, L.D. 1646
COMMITTEE AMENDMENT
distribution utilities in the State.  The evaluation of net public benefits must 
consider a range of scenarios and assumptions regarding acquisition costs, 
comparative capital costs and grid investment levels.
7.  Assistance.  The task force shall coordinate with and may request staffing, 
administrative and other assistance from the following governmental entities as needed, 
and these entities are authorized to assist the task force to the extent possible within existing 
resources:
A.  The Governor's Energy Office, established in the Maine Revised Statutes, Title 2, 
section 9;
B.  The Finance Authority of Maine, established in Title 10, section 964;
C.  The Public Utilities Commission, established in Title 35-A, section 103;
D.  The Public Advocate, appointed pursuant to Title 35-A, section 1701;
E.  The Efficiency Maine Trust, established in Title 35-A, section 10103; 
F.  The Maine Climate Council, established in Title 38, section 577-A; and
G.  The Office of Treasurer of State. 
8.  Funding.  The task force shall seek funding contributions from one or more 
not-for-profit organizations of its selection to fund its duties under subsection 6, including 
any contracted services under subsection 9.  The task force shall publicly disclose any 
funding or other assistance provided to it by a not-for-profit organization and indicate the 
name of the organization on any report or product produced with such assistance.  All 
funding is subject to approval by the Legislative Council in accordance with its policies.  If 
sufficient contributions to fund the duties of the task force have not been received within 
days after the effective date of this Act, no meetings are authorized and no expenses of 
any kind may be incurred or reimbursed.
9.  Contracted assistance.  To the extent that the task force receives sufficient funding 
under subsection 8, the task force may contract for staffing, consulting or other services 
from an independent entity as it determines necessary and appropriate to complete its work.  
The task force may seek assistance from the Public Utilities Commission to conduct a 
competitive solicitation, including the issuance of a request for proposals, to contract for 
services from an independent entity under this section. 
10.  Reports.  Notwithstanding Joint Rule 353, the task force shall submit an interim 
status report, no later than March 15, 2021, and a final report no later than November 30, 
2021, to the joint standing committee of the Legislature having jurisdiction over energy 
and utility matters.  The final report must include the results of the due diligence studies, 
transition and business plan outlines, the evaluation of net public benefits and any 
additional recommendations or conclusions of the task force regarding the transition to a 
consumer-owned transmission and distribution utility.  The joint standing committee of the 
Legislature having jurisdiction over energy and utility matters may, after receipt of the 
reports under this subsection, submit legislation related to the reports to the First or Second 
Regular Session of the 130th Legislature.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively.
COMMITTEE AMENDMENT “      ” to H.P. 1181, L.D. 1646
COMMITTEE AMENDMENT
SUMMARY
This amendment strikes and replaces the bill and does the following:
1.  It authorizes the Efficiency Maine Trust to acquire, hold or dispose of any real or 
personal property that is part of or connected to an energy efficiency measure or system, 
an energy storage system or generation assets as consistent with the purposes of the trust 
under the Maine Revised Statutes, Title 35-A, chapter 97.
2.  It directs the Public Utilities Commission to open an inquiry to examine and make 
recommendations regarding a process to provide timely notification to entities authorized 
to own a transmission and distribution plant in the State of any proposed sale of an investor-
owned transmission and distribution utility and to provide the opportunity for the notified 
entities to bid on the sale and requires the commission to submit a report on the results of 
this inquiry to the joint standing committee of the Legislature having jurisdiction over 
energy and utility matters by March 15, 2021.
3.  It directs the Public Utilities Commission to open an inquiry to examine and make 
recommendations regarding a process or pilot program to finance capital investment in and 
ownership of a new transmission and distribution plant by a least-cost capital provider at a 
lower cost to ratepayers and to compensate transmission and distribution utilities for 
performance in planning, building, maintaining and operating the new plant rather than for 
taxable equity investment.  It requires the commission to submit the results of this inquiry 
to the joint standing committee of the Legislature having jurisdiction over energy and utility 
matters by March 15, 2021.
4.  It establishes the Consumer Ownership Evaluation Task Force to evaluate and 
provide recommendations regarding the establishment and operation of a consumer-owned 
transmission and distribution utility to replace the investor-owned transmission and 
distribution utilities in the State.  The task force is composed of 13 members, including 9 
voting public members appointed by the Governor, President of the Senate and Speaker of 
the House and 4 nonvoting members: 2 members of the Senate appointed by the President 
of the Senate and 2 members of the House appointed by the Speaker of the House.  The 
duties of the task force include:
A. Conducting due diligence studies including a review of publicly available 
projections for the future capital expenditure needs of the State's transmission and 
distribution system; a study to evaluate the finance and tax issues related to 
transitioning to a consumer-owned transmission and distribution utility; a study to 
analyze and recommend a competitive procurement process and an optimal contractual 
arrangement for an independent contractor to manage and operate a consumer-owned 
transmission and distribution utility; and a study of regional and federal systems, 
regulations and requirements that affect the transition to a consumer-owned 
transmission and distribution utility;
B.  Developing a recommended outline for a transition plan for a potential consumer-
owned transmission and distribution utility;
C.  Developing a recommended business plan outline for a potential consumer-owned 
transmission and distribution utility; and
D.  Determining whether or not it is in the public interest to transition to consumer 
ownership for all transmission and distribution utilities in the State and making a 
COMMITTEE AMENDMENT “      ” to H.P. 1181, L.D. 1646
COMMITTEE AMENDMENT
recommendation based on that determination.  The determination must be based on an 
assessment of the risks and rewards of the transition plan and business plan outlines 
and an evaluation of the short-term and long-term net public benefits of the transition 
to and operation of a consumer-owned transmission and distribution utility.
The task force is directed to coordinate with, and may request assistance from, certain 
governmental entities in the conduct of its work.  It is required to seek funding contributions 
from one or more not-for-profit organizations to fund its work.  To the extent sufficient 
funding is secured from one or more not-for-profit organizations, the task force is 
authorized to contract for staffing, consulting or other services from an independent entity 
to complete its work.
The task force is required to submit an interim status report no later than March 15, 
2021 and a final report no later than November 30, 2021 to the joint standing committee of 
the Legislature having jurisdiction over energy and utility matters.  The joint standing 
committee of the Legislature having jurisdiction over energy and utility matters may, after 
receipt of the reports under this subsection, submit legislation related to the reports to the 
First or Second Regular Session of the 130th Legislature.
FISCAL NOTE REQUIRED
(See attached)
Approved: 08/04/20
LD 1646
LR 138(02)
Legislative Cost/Study
Fiscal Detail and Notes
Any costs resulting from the Public Utilities Commission (PUC) initiating an inquiry related to notification of 
authorized entities of any proposed sale of an investor-owned transmission and distribution utility and to provide the 
opportunity to bid on the sale are anticipated to be minor and can be absorbed within existing budgeted resources.  
The PUC has indicated that a second inquiry regarding a process or pilot program to finance capital investment in and 
ownership of new transmission and distribution plant by a least-cost capital provider and to compensate transmission 
and distribution utilities for certain planning, building, maintaining and operating activities of a new plant would 
require specialized consulting assistance to provide a complete and comprehensive report in time for consideration in 
the next legislative session. No estimate of these costs is made at this time. Without this consulting assistance the 
PUC can only solicit public comments on the issues and provide a report that discusses the comments received and 
the questions raised. 
Additional costs to the Office of the State Treasurer and the PUC associated with providing assistance to the task 
force can be absorbed within existing budgeted resources. The additional cost to the Finance Authority of Maine to 
provide the task force with insight and/or information on financing, if requested, can be absorbed within existing 
budgeted resources.  
Fiscal Note
An Act To Restore Local Ownership and Control of Maine's Power Delivery Systems
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Energy, Utilities and Technology
Fiscal Note Required: Yes
Legislative Cost/Study
Current biennium cost increase - Other Special Revenue Funds
The general operating expenses of this study/task force are projected to be $1,695 in fiscal year 2020-21 and $1,218 
in fiscal year 2021-22. An estimated $6,190 is available in fiscal year 2020-21 in the Legislature's budget for 
legislative studies as well as balances from prior years for this purpose. Whether these amounts are sufficient to fund 
all studies will depend on the number of studies authorized by the Legislative Council and the Legislature The task 
force is authorized to contract for staffing, consulting or other services to complete its work.  Whether or not these 
costs will be incurred will depend on the total amount of funds received by the task force and accepted by the 
Legislative Council.  This fiscal estimate assumes the agencies listed in subsection 7 will provide staff support in the 
absence of additional funding beyond the funding needed to reimburse legislative members for their attendance.
LR0138(02) - Fiscal Note - Page 1 of 1