An Act To Repeal the St. Francis Water District Charter and Direct the Town of St. Francis To Assume, Maintain and Operate the Property of the District
Maine Legislature, Session 130, LD 1814
Committee Amendment CA_A_S433 (Senate)

COMMITTEE AMENDMENT" (\"to S.P. 641, L.D. 1814, "An Act To Repeal the 
St. Francis Water District Charter and Direct the Town of St. Francis To Assume, Maintain 
and Operate the Property of the District" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Transfer the St. Francis Water District to the Town of St. Francis and To 
Repeal the St. Francis Water District Charter' 
Amend the bill by inserting after the title and before the enacting clause the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the St. Francis Water District was created by Private and Special Law 1989, 
chapter 51; and 
Whereas, the St. Francis Water District presently provides water service to St. Francis 
area residents; and 
Whereas, this legislation provides for the transfer of the functions and assets of the 
St. Francis Water District to the Town of St. Francis, subject to a local referendum vote; 
and 
Whereas, the district and the town are seeking to accomplish the transfer as soon as 
possible to ensure the health and welfare of persons receiving water service and intend to 
hold the referendum vote on March 28, 2022; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" ,A"to S.P. 641, L.D. 1814 ( r~ -L\~·3) 
'Sec. 1. P&SL 1989, c. 51, as amended, is repealed. 
Sec. 2. Town of St. Francis's acquisition of property of St. Francis Water 
District. The Town of St. Francis shall acquire, under the terms contained in this Act, all, 
and not less than all, of the plants, properties, assets, franchises, rights and privileges owned 
by the St. Francis Water District, including, without limitation, all lands, buildings, waters, 
water rights, springs, wells, reservoirs, tanks, standpipes, mains, pumps, pipes, machinery, 
fixtures, hydrants, meters, services, tools, equipment and appliances used or useful in 
supplying water for domestic, sanitary, commercial, industrial and municipal purposes. The 
consideration to be paid for the plants, properties, assets, franchises, rights and privileges 
is the assumption by the Town of St. Francis of all of the outstanding debts, obligations 
and liabilities of the St. Francis Water District, including, without limitation, the 
assumption by the Town of St. Francis of any outstanding notes or bonds of the St. Francis 
Water District that are due on or after the date of the transfer. 
Sec. 3. St. Francis Water District required to sell property to Town of St. 
Francis. The St. Francis Water District, a public municipal corporation organized and 
existing pursuant to Private and Special Law 1989, chapter 51, as amended by Private and 
Special Law 2005, chapter 33, under the terms contained in this Act, shall sell, transfer and 
convey to the Town of St. Francis by appropriate instruments of conveyance all, and not 
less than all, of its plants, properties, assets, franchises, rights and privileges, including, 
without limitation, all lands, buildings, waters, water rights, springs, wells, reservoirs, 
tanks, standpipes, mains, pumps, pipes, machinery, fixtures, hydrants, meters, services, 
tools, equipment and appliances used or useful in supplying water for domestic, sanitary, 
commercial, industrial and municipal purposes, in consideration of the assumption by the 
Town of St. Francis of all of the outstanding debts, obligations and liabilities of the St. 
Francis Water District, including, without limitation, the assumption of any outstanding 
notes or bonds of the St. Francis Water District that are due on or after the date of the 
transfer. The transfer in accordance with this section must occur before January 1, 2024. 
Sec. 4. Approval of Public Utilities Commission. The sale and transfer by the 
St. Francis Water District to the Town of St. Francis of its plants, properties, assets, 
franchises, rights and privileges; the acquisition of them by the Town of St. Francis and the 
assumption by the Town of St. Francis of all of the outstanding debts, obligations and 
liabilities of the St. Francis Water District pursuant to sections 2 and 3; and the subsequent 
use thereof by the Town of St. Francis within the limits of the town are subject to such 
approval of the Public Utilities Commission as may be required by applicable provisions 
of the Maine Revised Statutes, Title 35-A. 
Sec. 5. Contracts of St. Francis Water District assumed by Town of St. 
Francis. All contracts between the St. Francis Water District and any person, firm or 
corporation relating to supplying water that are in effect on the date of the transfer by the 
St. Francis Water District to the Town of St. Francis are assumed and must be carried out 
by the Town of St. Francis. 
Sec. 6. Dissolution and termination of St. Francis Water District; pledge of 
revenues. Prior to January 1, 2024, all debts, obligations and other liabilities of the St. 
Francis Water District must be paid in full and discharged or the holders or owners of all 
debts, obligations and other liabilities that have not been paid in full and discharged must 
have assented to the assumption thereof by the Town of St. Francis and to the novation and 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" f\-"to S.P. 641,L.D.1814 (S--L\~0 
substitution of the Town of St. Francis as obliger in place of the St. Francis Water District. 
The clerk of the St. Francis Water District shall file a certificate to that effect with the 
Secretary of State, which results in the termination and cessation of the St. Francis Water 
District. Until the corporate existence of the St. Francis Water District ceases and 
terminates pursuant to this section, the gross revenues derived by the Town of St. Francis 
from the sale of water within the area comprising the former limits of the district must be 
applied first to the payment of expenses reasonably allocable to the operation of the water 
systems and 2nd to payments of debts, obligations and other liabilities of the St. Francis 
Water District assumed by the Town of St. Francis pursuant to this Act. 
Sec. 7. Referendum; effective date; certificate to Secretary of State. In view 
of the emergency cited in the preamble, this Act takes effect when approved only for the 
purpose of permitting its submission to the legal voters of the Town of St. Francis at a 
regular election or at a special election called and held for the purpose not later than 
December 31, 2022. The election must be called, advertised and conducted according to 
the law relating to municipal elections, except that the registrar of voters of the Town of 
St. Francis is not required to prepare nor the clerk to post a new list of voters. For the 
purpose of registering voters, the registrar of voters must be in session on the regular work 
day preceding the election. The subject matter of this Act must be reduced to the following 
question: 
"Do you favor the dissolution of the St. Francis Water District and the 
acquisition of the assets and liabilities of the St. Francis Water District by 
the Town of St. Francis?" 
The result of the vote must be declared by the municipal officers of the Town of St. 
Francis and due certificate of the vote must be filed by the town clerk with the Secretary of 
State. If a majority of the legal voters of the town of St. Francis voting at a regular or special 
election called and held not later than December 31, 2022 vote in favor of the question, the 
provisions of this Act other than section 1 take effect for all purposes upon certification of 
that vote, and section 1 of this Act takes effect for all purposes 90 days after the 
adjournment of the Second Regular Session of the 131st Legislature.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved, except as otherwise indicated.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. The amendment establishes provisions governing 
the dissolution of the St. Francis Water District and the Town of St. Francis's assumption 
of the district's property, contracts and liabilities. It requires a referendum vote by the Town 
of St. Francis to be held no later than December 31, 2022 and, upon acceptance by the 
voters, the provisions of the amendment become effective, except that the amendment 
makes the repeal of the St. Francis Water District charter effective 90 days after the 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" ·'ft" to S.P. 641, L.D. 1814 ( S-L\?:>0 
adjournment of the Second Regular Session of the 131 st Legislature. The amendment adds 
an emergency preamble and clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/03/22 :tvac 
LD 1814 
LR2161(02) 
An Act To Repeal the St. Francis Water District Charter and Direct the Town of St. Francis To 
Assume, Maintain and Operate the Property of the District 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A"( S·L\1:) 3) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Public Utilities Commission as a result of actions taken to approve of the sale and transfer 
of the St. Francis Water District to the Town of St. Francis are anticipated to be minor and can be absorbed within 
existing budgeted resources. 
LR2161(02) - Fiscal Note - Page 1 of 1