An Act To Ensure Transparency and Participation in Maine Water Districts
Maine Legislature, Session 129, LD 1198
Committee: Energy, Utilities and Technology
Sponsors: CHIPMAN, MARTIN, CLAXTON, DESCHAMBAULT, KEIM, HEAD, PEBWORTH, VEROW
Amends: 35-A MRSA §6403, 35-A MRSA §6410

Legislative Document
No. 1198
S.P. 373
In Senate, March 12, 2019
An Act To Ensure Transparency and Participation in Maine Water 
Districts
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CHIPMAN of Cumberland.
Cosponsored by Representative MARTIN of Sinclair and
Senators: CLAXTON of Androscoggin, DESCHAMBAULT of York, KEIM of Oxford, 
Representatives: HEAD of Bethel, PEBWORTH of Blue Hill, VEROW of Brewer.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §6403, sub-§1, ¶¶D and E, as enacted by PL 1995, c. 616, 
§10, are amended to read:
D.  The appointing authority responsible for appointing or the method of electing the 
first board of trustees;
E.  The terms of the trustees who are elected or appointed subsequent to the first 
board.  Terms may not be longer than 3 years.  Terms of the first board are 
determined pursuant to section 6410, subsection 4; and
Sec. 2.  35-A MRSA §6403, sub-§1, ¶F, as enacted by PL 1995, c. 616, §10, is 
repealed.
Sec. 3.  35-A MRSA §6410, first ¶, as enacted by PL 1995, c. 616, §10, is 
amended to read:
All of the affairs of a standard district must be managed by a board of trustees whose 
members must be residents of the district.  The number of trustees must be specified in 
the standard district's charter.  After selection of the first board, each trustee is nominated 
and elected or appointed as provided in the charter creating the standard district and in 
accordance with subsection 1 or 2, as applicable.  If the charter does not indicate whether 
trustees are appointed or elected, the trustees, after the selection of the first board, must 
be elected in accordance with subsection 1.
Sec. 4.  35-A MRSA §6410, sub-§2, as enacted by PL 1995, c. 616, §10, is 
amended to read:
2.  Standard districts; appointments.  If the charter creating a standard district 
specifies that the trustees are sufficient and appropriate nominations for election have not 
occurred, trustees may be appointed, the appointments must be made as provided in the 
charter.
Sec. 5.  35-A MRSA §6410, sub-§4, as enacted by PL 1995, c. 616, §10, is 
amended to read:
4.  Standard districts; first board.  The first board is appointed or elected as 
provided indicated in the charter creating the standard district or in accordance with this 
subsection.  At the first meeting, the initial trustees shall determine by agreement or, 
failing to agree, they shall determine by lot the term of office of each trustee.  The terms 
of the trustees must be determined in accordance with the following table.
TERM
Total number of 
trustees
year
years
years
The trustees shall enter on their records the determination made.  Vacancies are filled 
pursuant to subsection 1 or 2, as applicable.
At this original meeting, the trustees shall organize by electing from among their 
members a chair and a clerk, by adopting a corporate seal and by electing a treasurer who 
may or may not be a trustee.
SUMMARY
This bill removes from the laws governing water districts and standard water districts 
language referencing the appointment of standard district trustees pursuant to standard 
district charters.  It amends the law regarding appointments of trustees to provide that, if 
sufficient and appropriate nominations for the election of trustees have not occurred, 
trustees may be appointed.