An Act To Require Consideration of Climate and Equity Impacts by the Public Utilities Commission
Maine Legislature, Session 130, LD 1682
Committee: Energy, Utilities and Technology
Sponsors: DOUDERA, MAXMIN, BLUME, GRAMLICH, GROHOSKI, KESSLER, CARNEY
Amends: 35-A MRSA §101, 35-A MRSA §102, 35-A MRSA §103-A

Legislative Document
No. 1682
H.P. 1251
House of Representatives, May 6, 2021
An Act To Require Consideration of Climate and Equity Impacts by 
the Public Utilities Commission
Received by the Clerk of the House on May 4, 2021.  Referred to the Committee on 
Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator MAXMIN of Lincoln and
Representatives: BLUME of York, GRAMLICH of Old Orchard Beach, GROHOSKI of 
Ellsworth, KESSLER of South Portland, Senator: CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §101, as amended by PL 2013, c. 369, Pt. F, §1, is further 
amended to read:
§101.  Statement of purpose
The purpose of this Title is to ensure that there is a regulatory system for public utilities 
in the State and for other entities subject to this Title that is consistent with the public 
interest and with other requirements of law and to provide for reasonable licensing 
requirements for competitive electricity providers.  The basic purpose of this regulatory 
system as it applies to public utilities subject to service regulation under this Title is to 
ensure safe, reasonable and adequate service, to assist in minimizing the cost of energy 
available to the State’s consumers and, to ensure that the rates of public utilities subject to 
rate regulation are just and reasonable to customers and public utilities, to reduce 
greenhouse gas emissions to meet the greenhouse gas emissions reduction goals in Title 
38, section 576-A and to address and mitigate disproportionate energy burdens on 
environmental justice populations,  frontline communities and utility customers who are 
underserved by utility or electricity policies, programs and systems due to geography, race, 
income or other socioeconomic factors.
Sec. 2.  35-A MRSA §102, sub-§5-A is enacted to read:
5-A.  Environmental justice.  "Environmental justice" means the right to be protected 
from environmental pollution and to live in and enjoy a clean and healthful environment 
regardless of ancestry, class, disability, ethnicity, income, national origin or religion. 
"Environmental justice" includes the equal protection and meaningful involvement of all 
persons with respect to the development, implementation and enforcement of utility 
regulations.
Sec. 3.  35-A MRSA §102, sub-§5-B is enacted to read:
5-B.  Environmental justice population.  "Environmental justice population" means 
a census tract that meets one or more of the following criteria: the annual median household 
income in the census tract is not more than 65% of the statewide annual median household 
income; minority populations comprise 40% or more of the population in the census tract; 
25% or more of the households in the census tract lack English language proficiency; or 
minority populations comprise 25% or more of the population in the census tract and the 
annual median household income in the census tract is not more than 150% of the statewide 
annual median household income.
Sec. 4.  35-A MRSA §102, sub-§6-C is enacted to read:
6-C.  Frontline communities.  "Frontline communities" means communities of color, 
persons with lower incomes or Indigenous people that experience the consequences of 
climate change first and to a greater degree than other communities.
Sec. 5.  35-A MRSA §103-A is enacted to read:
§103-A.  Climate and environmental justice considerations
In executing its duties, powers and regulatory functions under this Title, the 
commission, when applicable and possible, and while ensuring system reliability and 
resource adequacy, shall:
1. Greenhouse gas emissions reductions; decarbonization. Facilitate the 
achievement by the State of the greenhouse gas emissions reduction goals in Title 38, 
section 576-A and prioritize proceedings and activities that advance decarbonization in the 
utility sector; and 
2. Mitigation of energy burdens; environmental justice. Mitigate disproportionate 
energy burdens and other inequities of affordability and environmental justice experienced 
by customers.
The commission shall adopt rules to implement this section.  Rules must set forth the 
factors the commission considers and the procedures the commission uses to prioritize 
proceedings and activities that advance decarbonization in the utility sector as described in 
subsection 1 and to evaluate and mitigate disproportionate energy burdens and other 
inequities of affordability and environmental justice experienced by customers as described 
in subsection 2.  Rules adopted pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill adds to the purposes of the Public Utilities Commission the reduction of 
greenhouse gas emissions and the mitigation of disproportionate energy burdens on 
environmental justice populations, frontline communities and utility customers who are 
underserved by utility or electricity policies, programs and systems due to geography, race, 
income or other socioeconomic factors. It also requires the commission, in its execution of 
its duties, powers and regulatory functions to aid in the facilitation of the achievement of 
the greenhouse gas emissions reduction goals in the Maine Revised Statutes, Title 38, 
section 576-A and to prioritize proceedings and activities, when possible, that advance 
decarbonization in the utility sector and mitigate disproportionate energy burdens and other 
inequities of affordability and environmental justice experienced by utility customers while 
ensuring system reliability and resource adequacy.