An Act to Clarify Permissible Election and Lobbying Expenditures by Consumer-owned Water Utilities (AFTER DEADLINE)
Maine Legislature, Session 131, LD 2254
Committee: Energy, Utilities and Technology
Sponsors: LAWRENCE
Amends: 35-A MRSA §302

Legislative Document
No. 2254
S.P. 972
In Senate, March 6, 2024
An Act to Clarify Permissible Election and Lobbying Expenditures 
by Consumer-owned Water Utilities
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LAWRENCE of York.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, legislation was enacted during the First Special Session of the 131st 
Legislature amending the laws governing political expenditures, lobbying expenditures, 
trade association contributions and educational expenditures made by a public utility or an 
affiliated interest; and
Whereas, the new provisions of law include exemptions for consumer-owned water 
utilities related to educational expenditures and trade association contributions but not for 
lobbying expenditures or certain local referendum election expenditures; and
Whereas, the Public Utilities Commission is currently engaging in rulemaking that 
will include interpreting the new laws; however, rulemaking will not be completed before 
adjournment of the Second Regular Session of the 131st Legislature; and
Whereas, the Public Utilities Commission, through the rule-making process, could 
interpret the new laws to effectively prohibit or significantly limit a consumer-owned water 
utility from engaging in lobbying activities or activities necessary to finance legally 
required trustee elections or referendum elections and notify the public about those 
elections; and
Whereas, in the judgment of the Legislature, it is important to clarify these new laws 
with respect to consumer-owned water utilities during the Second Regular Session of the 
131st Legislature and for the changes to take effect earlier than 90 days after the date of 
adjournment; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §302, sub-§2, ¶A, as enacted by PL 2023, c. 286, §1, is 
amended to read:
A.  Contributions or gifts to political candidates, political parties, political or legislative 
committees or any committee or organization working to influence referendum 
petitions or elections.  Nothing in this paragraph prohibits a consumer-owned water 
utility from undertaking expenditures related to notifying the public of or conducting 
trustee elections or local referendum elections directly related to or legally required for 
the operation of a consumer-owned water utility;
Sec. 2.  35-A MRSA §302, sub-§2, ¶C, as enacted by PL 2023, c. 286, §1, is 
amended to read:
C.  Expenditures for lobbying or grassroots lobbying.  This paragraph does not apply 
to a consumer-owned water utility; and
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill clarifies that consumer-owned water utilities may include or incorporate in 
operating expenses to be recovered in rates the following:
1.  Expenditures related to notifying the public of or conducting trustee elections and 
local referendum elections directly related to or legally required for the operation of such 
utilities; and
2.  Expenditures for lobbying or grassroots lobbying.