An Act To Support Municipal Broadband Infrastructure through Incentives and Competition
Maine Legislature, Session 130, LD 1894
Committee: Energy, Utilities and Technology
Sponsors: VITELLI, HEPLER, BRENNER, CURRY, HICKMAN, JACKSON, LAWRENCE, LUCHINI, RAFFERTY
Amends: 35-A MRSA §2111, 35-A MRSA §9219

Legislative Document
No. 1894
S.P. 664
In Senate, January 5, 2022
An Act To Support Municipal Broadband Infrastructure through 
Incentives and Competition
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Representative HEPLER of Woolwich and
Senators: BRENNER of Cumberland, CURRY of Waldo, HICKMAN of Kennebec, President 
JACKSON of Aroostook, LAWRENCE of York, LUCHINI of Hancock, RAFFERTY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §2111 is enacted to read:
§2111.  Electric cooperatives and utilities; broadband systems
An electric cooperative or utility, including a municipal utility, in this State may own, 
lease, construct, maintain and operate broadband or other Internet access systems on the 
electric cooperative’s or utility’s electric or other utility delivery system and may provide 
broadband or other Internet access services to the public on the electric cooperative’s or 
utility’s electric or other utility delivery system. The ConnectMaine Authority established 
in section 9203, subsection 1 shall adopt rules, which are routine technical rules as 
described in Title 5, chapter 375, subchapter 2-A, for the service that may be provided on 
the broadband or other Internet access systems provided on the electric cooperative’s or 
utility’s electric or other utility delivery system.
Sec. 2.  35-A MRSA §9219 is enacted to read:
§9219.  Internet access expansion
1. Internet Access Expansion Investment Fund. The Internet Access Expansion 
Investment Fund, referred to in this section as “the fund,” is established to expand and 
improve Internet access in this State. The fund may receive appropriations made by the 
Legislature and may also receive grant funds for which states, counties or municipalities 
are eligible. Money received for a county or municipality must be held by the fund and 
administered on the county's or municipality's behalf.
A. The fund must support projects to:
(1) Expand Internet access to parts of the State that do not have access to speeds of 
at least 10 megabits per second of download speed and at least one megabit per 
second of upload speed to achieve service that meets those thresholds; and 
(2) Increase Internet speeds to at least 25 megabits per second of download speed 
and at least 3 megabits per second of upload speed for parts of the State that do not 
have access to those speeds.
B. The fund must give priority to projects that assist state or local ownership of 
broadband infrastructure, with at least 50% of funded projects annually meeting that 
criterion, and to projects that:
(1) Serve areas with demonstrated local project support, including from local 
government;
(2) Increase Internet access or speeds for hospitals, educational institutions, 
libraries or government offices;
(3) Demonstrate technical capacity to achieve project goals on a proposed 
timetable, preferably within 5 years; and
(4) Achieve cost-efficiency by providing the most service improvements for the 
least cost, including through leveraging funding sources in addition to the fund.
C. The authority shall provide technical assistance to project applicants to plan, prepare 
and submit applications to the fund.
D. The authority shall adopt rules including an application program for the fund within 
days of the effective date of this section. The rules must include rules for the 
service that must be provided on infrastructure built or expanded through projects 
supported by the fund. Rules adopted pursuant to this paragraph are routine technical 
rules as described in Title 5, chapter 375, subchapter 2-A.
E. The authority shall report annually on the fund and progress toward increased 
Internet access and Internet speeds throughout this State to the joint standing committee 
of the Legislature having jurisdiction over utilities matters.
2. Electric cooperatives and utilities. An electric cooperative or utility, including a 
municipal utility, in this State may submit applications to the fund. 
SUMMARY
This bill establishes the Internet Access Expansion Investment Fund to expand and 
improve Internet access in this State. The fund must give priority to projects that assist state 
or local ownership of broadband infrastructure, with at least 50% of funded projects 
annually meeting this criterion. The bill allows an electric cooperative or utility, including 
a municipal utility, to own, lease, construct, maintain and operate broadband or other 
Internet access systems on the electric cooperative's or utility's electric or other utility 
delivery system and to provide broadband or other Internet access services to the public on 
the electric cooperative's or utility's electric or other utility delivery system.