An Act To Implement Recommendations Regarding the Incorporation of Equity Considerations in Regulatory Decision Making
Maine Legislature, Session 130, LD 2018
Committee: Environment and Natural Resources
Amends: 35-A MRSA §1310, 35-A MRSA §1310-A, 38 MRSA §349-C

Legislative Document
No. 2018
H.P. 1500
House of Representatives, March 9, 2022
An Act To Implement Recommendations Regarding the 
Incorporation of Equity Considerations in Regulatory Decision 
Making
Reported by Representative TUCKER of Brunswick for the Joint Standing Committee on 
Environment and Natural Resources pursuant to Public Law 2021, chapter 279, section 3.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §1310, as amended by PL 1997, c. 691, §4 and affected by PL 
1999, c. 127, Pt. D, §5, is repealed.
Sec. 2.  35-A MRSA §1310-A is enacted to read:
§1310-A.  Intervenor funding
1. Qualification for funding. Consistent with rules adopted by the commission 
pursuant to subsection 3, the commission may order or provide funding in accordance with 
subsection 2 to an intervenor in a commission proceeding upon a finding that:
A. The position of the intervenor is not adequately represented by the Office of the 
Public Advocate or commission staff;
B. The intervenor is likely to substantially contribute to the proceeding and to assist in 
the resolution of the issues raised in the proceeding; and
C. Participation in the proceeding by the intervenor would impose a significant 
financial hardship on the intervenor.
2. Funding sources. If the commission finds pursuant to subsection 1 that an 
intervenor in a commission proceeding qualifies for funding, the commission may, 
consistent with rules adopted by the commission pursuant to subsection 3:
A. Order a utility involved in the commission proceeding to compensate the intervenor.  
Compensation provided by a utility under this paragraph may be recovered in rates; or
B. Provide compensation to the intervenor from the Public Utilities Commission 
Regulatory Fund established pursuant to section 116 and filing fees, subject to the 
commission's determination that funds are available for that purpose. 
3. Rules. The commission shall adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.  
A. Rules adopted by the commission pursuant to this subsection must include, but are 
not limited to:
(1) The process by which the commission will determine whether an intervenor 
qualifies for funding;
(2) Identification of which expenses incurred by an intervenor may qualify for 
funding, which types of proceedings intervenor funding will be available for and 
the point in an eligible proceeding at which an intervenor qualifying for funding 
will be provided with the funding;
(3) The process by which the commission will ensure that funding provided to an 
intervenor is used properly and the process by which funding provided to an 
intervenor that is not entirely used by the intervenor may be recovered by the 
commission; and
(4) The methods by which the commission will ensure that the public is notified 
about the availability of intervenor funding under this section.
B. Rules adopted by the commission pursuant to this subsection may include, but are 
not limited to:
(1) Establishment of a cap on the amount of funding that a qualified intervenor 
may be provided in a commission proceeding;
(2) Establishment of a process by which the commission will give priority under 
this section to qualified intervenors representing environmental justice 
populations.  If the commission establishes such a process by rule, the commission, 
in consultation with the Department of Environmental Protection, shall include in 
that rule a definition for "environmental justice populations" that is consistent with 
any definition for that term adopted by the department in a department rule; and
(3) Any other provisions the commission determines necessary for the 
implementation of this section.
Sec. 3.  38 MRSA §349-C is enacted to read:
§349-C.  Environmental justice
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Environmental justice" means the fair treatment and meaningful involvement of all 
people regardless of race, color, national origin or income with respect to the 
development, implementation and enforcement of environmental laws, rules, 
regulations and policies.
B. "Fair treatment" means that no group of people bears a disproportionate share of the 
negative environmental consequences resulting from industrial, governmental or 
commercial operations or policies.
C. "Frontline communities" means those people and communities that experience the 
consequences of climate change first and to a greater degree than other people and 
communities. 
D. "Meaningful involvement" means, with respect to the department's decision-making 
process, that:
(1) People and communities have an opportunity to participate in the decision-
making process regarding activities that have the potential to affect the 
environment or public health;
(2) The department seeks out and facilitates the involvement in the decision-
making process of potentially affected people and communities; 
(3) The contributions of people and communities to the decision-making process 
can influence the department's decision making; and
(4) The department considers in its decision making the concerns and contributions 
of people and communities provided as part of the decision-making process.
2. Consideration of environmental justice populations and frontline communities.  
The department shall ensure that persons in environmental justice populations and frontline 
communities are provided with fair and equitable access to the department's decision-
making processes under sections 341-D and 341-H.  The department shall adopt rules 
establishing procedures to implement this subsection.
A. Rules adopted by the department pursuant to this subsection must define 
"environmental justice populations," taking into consideration, at a minimum, median 
household income, race, ethnicity and English language proficiency.  
B. Rules adopted by the department pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A, except that the board shall hold 
a hearing in accordance with Title 5, section 8052 prior to the adoption of any rule 
proposed pursuant to this subsection.
SUMMARY
This bill, which is reported out by the Joint Standing Committee on Environment and 
Natural Resources pursuant to Public Law 2021, chapter 279, section 3, implements 
recommendations regarding methods of incorporating equity considerations in decision 
making at the Department of Environmental Protection, the Public Utilities Commission 
and other state agencies made pursuant to the report required by Public Law 2021, chapter 
279, section 3.
The bill amends intervenor funding provisions applicable to Public Utilities 
Commission proceedings to clarify the eligibility requirements for intervenor funding, the 
sources of the funding and other related requirements and provisions to be adopted by rule, 
which may include but are not limited to establishment of a process by which the 
commission will give priority to qualified intervenors representing environmental justice 
populations.
The bill also requires the Department of Environmental Protection to adopt rules 
establishing procedures to ensure that persons in environmental justice populations and 
frontline communities are provided with fair and equitable access to the department's 
decision-making processes under the Maine Revised Statutes, Title 38, sections 341-D and 
341-H.  The bill establishes definitions for "environmental justice," "frontline 
communities" and related terminology.  
The committee has not taken a position on the substance of the bill and by reporting 
this bill out the committee is not suggesting and does not intend to suggest that it agrees or 
disagrees with any aspect of this bill.  The committee is reporting the bill out for the sole 
purpose of obtaining a printed bill that can be referred to the committee for a public hearing 
and subsequent committee action in the normal course.