An Act To Implement Recommendations Regarding the Incorporation of Equity Considerations in Regulatory Decision Making
Maine Legislature, Session 130, LD 2018
Committee Amendment CA_B_H1000 (House)
Amends: 35-A MRSA §1310-A

CO:MlvtITTEE AMENDMENT "6 "to H.P. 1500, L.D. 2018, "An Act To Implement 
Recommendations Regarding the Incorporation of Equity Considerations in Regulatory 
Decision Making" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 35-A MRSA §1310-A is enacted to read: 
§1310-A. Intervenor or advocate funding 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Advocate" means an individual, group of individuals or organization or entity 
representing an individual or group of individuals or the interests of an individual or 
group of individuals that is involved in or has an interest in the outcome of a legislative 
proceeding. 
B. "Legislative proceeding" means a meeting,. session or other activity of the 
Legislature or its committees or subcommittees that, as determined by the commission, 
concerns or is likely to affect the regulation of public utilities or other entities subject 
to the jurisdiction of the commission, 
2. Qualification for funding. Consistent with rules adopted by the commission 
pursuant to subsection 4, the commission may order or provide funding in accordance with 
subsection 3 to an intervenor in a commission proceeding or to an advocate in a legislative 
proceeding upon a fmding that: 
A. The position of the intervenor in the commission proceeding or of the advocate in 
the legislative proceeding is not adequately represented by the Office of the Public 
Advocate or commission staff; 
B. With respect to an intervenor, the intervenor is likely to substantially contribute to 
the commission proceeding and to assist in the resolution of the issues raised in the 
commission proceeding and participation in the commission proceeding by the 
intervenor would impose a significant financial hardship on the intervenor; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENTfi "to H.P. 1500, L.D. 2018 
C. With respect to an advocate, the advocate is likely to substantially contribute to the 
legislative proceeding by presenting a position different from the Office of the Public 
Advocate and commission staff and participation in the legislative proceeding by the 
advocate would impose a significant financial hardship on the advocate. 
3. Funding sources. If the commission finds pursuant to subsection 2 that an 
intervenor in a commission proceeding or an advocate in a legislative proceeding qualifies 
for funding, the commission may, consistent with rules adopted by the commission 
pursuant to subsection 4: 
A. With respect to an intervenor only, 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. With respect to an intervenor or advocate, provide compensation to the intervenor 
or advocate from the Public Utilities Commission Regulatory Fund established 
pursuant to section 116 and, with respect to an intervenor only, filing fees, subject to 
the commission's determination that funds are available for that pm.:pose. 
4. 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 or 
advocate qualifies for funding: 
(2) Identification of which expenses incurred by an intervenor or advocate may 
qualify for funding, which types of commission proceedings intervenor funding 
will be available for, which types of legislative proceedings advocate funding will 
be available for and the point in an eligible commission proceeding or legislative 
proceeding at which an intervenor or advocate qualifying for funding will be 
provided with the funding: 
(3) The process by which the commission will ensure that funding provided to an 
intervenor or advocate is used properly and the process by which funding provided 
to an intervenor or advocate that is not entirely used by the intervenor or advocate 
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 and advocate 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 provided to a qualified 
intervenor for a commission proceeding or provided to a qualified advocate for a 
legislative proceeding; 
(2) Establishment of a process by which the commission will give priority under 
this section to qualified intervenors or advocates representing environmental 
justice populations. If the commission establishes such a process by rule, the 
commission, in consultation with the Department of Environmental Protection, 
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COMMITIEEAMENDMENT 'b "to H.P. 1500, L.D. 2018 
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.' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Maine Environmental Protection Fund 0421 
Initiative: Provides funding for one Public Service Coordinator I position, 2 Law Clerk 
positions, one GIS Coordinator position and associated position costs. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Maine Environmental Protection Fund 0421 
2021-22 
0.000 
$0 
$0 
$0 
2022-23 
4.000 
$280,696 
$12,292 
$292,988 
Initiative: Provides funding for facilitator services, travel expenses, facility rentals and 
meeting expenses. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
ENVffiONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
2022-23 
$150,000 
$150,000 
2022-23 
$442,988 
$442,988 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, amends the intervenor 
funding provisions included in the bill to provide that similar funding may be made 
available through the Public Utilities Commission for advocates in a legislative proceeding. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT :b" to H.P. 1500, L.D. 2018 
The amendment defines "advocate" to mean an individual, group of individuals or 
organization or entity representing a group of individuals or the interests of a group of 
individuals that is involved in or has an interest in the outcome of a legislative proceeding 
and defines "legislative proceeding" to mean a meeting, session or other activity of the 
Legislature or its committees or subcommittees that, as determined by the commission, 
concerns or is likely to affect the regulation of public utilities or other entities subject to 
the jurisdiction of the commission. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/11/22 ;:!;Pae 
LD 2018 
LR 2654(03) 
An Act To Implement Recommendations Regarding the Incorporation of Equity Considerations in 
Regulatory Decision Making 
Fiscal Note for Bill as Amended by Committee Amendment :b{j/--/0° 0) 
Committee: Environment and Natural Resources 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY2022-23 
$0 
$442,988 
$0 
$442,988 
Projections 
FY 2023-24 
$585,644 
$585,644 
Projections 
FY 2024-25 
$605,658 
$605,658 
This bill changes provisions applicable to intervenors in Public Utilities Commission (PUC) proceedings to broaden 
eligibility for intervenor funding and to require certain utilities to compensate intervenors. The bill also allows for 
similar funding to be made available through the PUC for advocates in a legislative proceeding. The compensation 
provided by a utility may be recovered in rates subject to the ratemaldng process approval by the PUC. 
The bill also establishes definitions for "environmental justice," "frontline communities," and associated tenninology. 
Additionally, the bill requires the Department of Environmental Protection (DEP) to adopt procedures to ensure fair 
and equitable access to the DEP decision-making process. DEP has indicated that incorporating these requirements 
will necessitate 4 additional positions and resources. The bill includes ongoing appropriations of $292,988 beginning 
in fiscal year 2022-23 for one Public Service Coordinator position, two Law Clerk positions, one GIS Coordinator 
position and associated costs. The bill also includes ongoing appropriations of $150,000 beginning in fiscal year 2022-
for expenses related to expanded community engagement activities regarding the DEP decision-making process. 
LR2654(03) - Fiscal Note - Page 1 of 1