An Act To Prohibit a Public Utility from Terminating or Disconnecting Service to a Public Safety Facility • without Advance Notice and Approval •
Maine Legislature, Session 130, LD 1847
Committee Amendment CA_A_H861 (House)
Amends: 35-A MRSA §719

COMMITTEE AMENDMENT" fl<' to H.P. 1368, L.D. 1847, "An Act To Prohibit a 
Public Utility from Terminating or Disconnecting Service to a Public Safety Facility 
• without Advance Notice and Approval" 
• 
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, continuous . utility services are increasingly essential to the operation of 
Maine's public safety facilities; and 
Whereas, on at least 2 occasions public safety facilities in Maine have been 
disconnected or nearly disconnected due to billing errors and without advance notice; and 
Whereas, the purpose of this legislation is to ensure that public safety facilities 
receive adequate notice of terminations or disconnections of utility services; 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 all of section 2 and inserting the following: 
'Sec, 2. 35-A MRSA §719 is enacted to read: 
§719. Termination of utility services for public safety facilities for nonpayment of 
rates, fees or charges for utility service 
1. Termination. A public utility may not terminate or disconnect a public safety 
facility's utility service for nonpayment of rates, fees or charges for utility service unless 
the public utility has: 
• 
A. Provided written notice to the municipal or plantation government using the public 
safety facility of the public utility's intention to terminate or disconnect the public 
• Page 1 - 130LR2122(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ff, to H.P. 1368, L.D. 1847 
safety facility's utility service at least 60 days before the termination or disconnection 
date; 
B. Obtained from the commission written authorization to terminate or disconnect the 
public safety facility's utility service; and 
C. Obtained from the Department of Public Safety written authorization to terminate 
or disconnect the public safety facility's utility service. 
2. Penalties. Notwithstanding section 1508-A, subsection 1, the commission shall 
impose an administrative penalty on a public utility that violates this section in accordance 
with this subsection. 
A. For violations of this section by a public utility, the commission shall impose an 
administrative penalty for each violation in an amount between 0.1 % and 0.25% of the 
annual gross revenue that the public utility received from sales in the State. Each day 
a violation continues constitutes a separate offense. The maximum administrative 
penalty for any related series of violations under this paragraph may not exceed 5% of 
the annual gross revenue that the public utility received from sales in the State. 
B. For a violation in which a public utility was explicitly notified by the commission 
that it was not in compliance with the requirements of this section and that failure to 
comply could result in the imposition of administrative penalties, the commission shall 
impose an additional administrative penalty of an amount between 0.1 % and 0.25% of 
the annual gross revenue for each violation. 
C. In determining the amount of an administrative penalty under this subsection; the 
commission shall take into account the considerations in section 1508-A. subsection 2. 
3. Rules. The commission shall adopt or amend rules to implement this section. The 
commission shall ensure that any process or system changes made by a public utility to 
comply with this section are cost effective, result in operation and maintenahce costs that 
are prudent and reasonable and do not involve capital investment. Rules adopted pursuant 
to this subsection are routine technical rules as defined in Title 5, chapter 375,. subchapter 
2-A. In adopting rules pursuant to this subsection, the commission shall consult with the 
Department of Public Safety and a statewide organization representing municipal interests 
in the State.' 
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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
. number to read consecutively. 
SUMMARY 
This amendment adds an emergency preamble and clause and limits the bill's 
applicability to situations involving nonpayment of public utility rates, fees and charges. 
The amendment requires the Public Utilities Commission to assess an administrative 
penalty on a public utility for violations of the provisions. The amendment also requires 
the commission to adopt • or amend rules to ensure that process or system changes 
undertaken by a public utility to comply with the bill's requirements are cost effective, 
COMMITTEE AMENDMENT· 
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COMMITTEE AMENDMENT "fr' to H.P. 1368, L.D. 1847 
result in operation and maintenance costs that are prudent and reasonable and do not 
involve capital investment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/28/22 feac.. 
LD 1847 
LR2122(02) 
An Act To Prohibit a Public Utility from Terminating or Disconnecting Service to a Public Safety 
Facility without Advance Notice and Approval 
Fiscal Note for Bill as Amended by Committee Amendment ft,{lf-!ftJ) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium revenue increase - Other Special Revenue Funds 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
This bill establishes a notice requirement and authorization process that a public utility must follow before termini 
. or disconnecting a public safety facility's utility service for nonpayment ofrates, fees, or charges for utility services. 
The bill also allows the Public Utilities Commission to impose an administrative penalty between .1 % and .25% of the 
annual gross revenue for each public utility violation of the new disconnect process established in the bill. These 
administrative penalties will result in additional Other Special Revenue Funds revenue to the PUC. Any additional 
costs to the PUC as a result ofrulemaking regarding the disconnect process are anticipated to be minor and can be 
absorbed within existing budgeted resources. 
LR2122(02) - Fiscal Note - Page 1 of 1