An Act to Expand Fundmg Sources W ithm the Pubhc Utilities Comm1ss1on for Intervenor Fund1Dg
Maine Legislature, Session 131, LD 0395
Committee Amendment CA_A_H187 (House)
Amends: 35-A MRSA §1310-A

COMMITTEE AMENDMENT" A" to HP 246, LD 395, "An Act to Expand 
Fundmg Sources W ithm the Pubhc Utilities Comm1ss1on for Intervenor Fund1Dg" 
Amend the bill by striklDg out the title and subst1tutmg the follow1Dg 
'An Act to Expand Funding Sources Within the Public Utilities Commission for 
Intervenor and Part1c1pant Funding' 
Amend the btl11D section 3 ID subparagraph (6) m the first lme (page 1, lme 12 ID L D) 
by 1Dsertmg after the followmg "1Dtervenor" the followmg 'and participant' 
Amend the bill by strtk1Dg out all of section 4 and 1Dsert1Dg the follow1Dg 
'Sec. 4. 35-A MRSA §1310-A, as enacted by PL 2021, c 736, §2, 1s amended to 
read 
§1310-A. Intervenor and participant fundmg 
1. Qualification for funding. Consistent with rules adopted by the comm1ss1on 
pursuant to subsect10n 3, the commission may order or provide fund1Dg ID accordance with 
subsection 2 to an mtervenor ID an admdicatozy proceed1Dg or a participant ID a 
nonadmd1catozy comm1ss1on proceed1Dg upon a flDd1Dg that 
A The position of the 1Dtervenor or participant is not adequately represented by the 
Office of the Pubhc Advocate or comm1ss1on staff, 
B The 1Dtervenor or part1c1pant is hkely to substantially contribute to the proceedmg 
and to assist m the resolution of the issues raised ID the proceedmg, and 
C Part1c1patlon ID the proceed1Dg by the mtervenor or part1c1pant would impose a 
sigmficant financial hardship on the 1Dtervenor or participant 
2. Funding sources. If the commission finds pursuant to subsection 1 that an 
1Dtervenor or part1c10ant ID a comm1ss1on proceedmg qualifies for fundmg, the comm1ss10n 
may, except as provided ID subsection 2-A and consistent with rules adopted by the 
comm1ss1on pursuant to subsection 3 
Page I - 131LR0456(02) 
COMMITTEE AMENDMENT 
,AA. 
/·-s 
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COMMITTEE AMENDMENT" A" to HP 246, L D 395 
A Order a utihty mvolved m the commission proceeding to compensate the mtervenor 
or participant 
Compensation provided by a utihty under this paragraph may be 
recovered m rates, or 
B Provide compensation to the mtervenor or participant from the Pubhc Utihttes 
Commission Regulatory Fund estabhshed pursuant to section 116, admimstratlve 
penalties and fihng fees, subJect to the commission's determmat1on that funds are 
available for that purpose 
2-A. Water utility exception. If the comm1ss1on fmds, pursuant to subsection 1, that 
an mtervenor or participant m a comm1ss1on proceedmg mvolvmg a water ut1hty guahfies 
for fundmg, the comm1ss10n may, consistent with rules adopted by the commission, provide 
compensat10n to the mtervenor or participant only from admm1strative penalties w1thm the 
Pubhc Utthttes Comm1ss10n Reimbursement Fund m accordance with section 117, 
subsection 3, paragraph B, subparagraph (6) 
3. Rules. The commission shall adopt rules to implement this section Rules adopted 
pursuant to this subsection are routme techmcal rules as def med m Title 5, chapter 3 7 5, 
subchapter 2-A 
A Rules adopted by the commission pursuant to this subsection must mclude, but are 
not hm1ted to 
(1) The process by which the commission will determme whether an mtervenor or 
part1c1pant quahfies for fundmg, 
(2) Ident1ficat1on ofwh1ch expenses mcurred by an mtervenor or part1c10antmay 
quahfy for fundmg, which types of proceedmgs mtervenor or participant fundmg 
will be available for and the pomt m an ehg1ble proceedmg at which an mtervenor 
or part1c10ant quahfymg for fundmg will be provided with the fundmg, 
(3) The process by which the commission will ensure that fundmg provided to an 
mtervenor or part1c1pant 1s used properly and the process by which fundmg 
provided to an mtervenor or part1c1pant that 1s not entrrely used by the mtervenor 
or part1c1pant may be recovered by the commission, and 
(4) The methods by which the comm1ss1on will ensure that the pubhc 1s notified 
about the avatlab1hty of mtervenor and part1c10ant fundmg under thts section 
B Rules adopted by the commission pursuant to this subsection may mclude, but are 
not hm1ted to 
(1) Estabhshment of a cap on the amount of fundmg that a quahfied mtervenor or 
participant may be provided m a comm1ss10n proceedmg, 
(2) Estabhshment of a process by which the commission will give priority under 
this section to quahfied mtervenors or part1c1pants representmg envrronmental 
Justice populations If the commission estabhshes such a process by rule, the 
commission, m consultation with the Department of Environmental Protection, 
shall mclude m that rule a defimtion for "environmental Justice populat10ns" that 
is consistent with any defimtion for that term adopted by the department m a 
department rule, and 
(3) 
Any other provisions the commission determmes necessary for the 
implementation of this section ' 
COMMITTEE AMENDMENT 
-'ti\ 
~o~~ 1 
COMMITTEE AMENDMENT" A_" td HP 246, L D 395 
Amend the bill by relettermg 'Or renumbering any nonconsecutive Part letter or sect10n 
number to read consecutively 
SUMMARY 
This amendment amends the bill to allow participants in Pubhc Utilities Commission 
nonadJudicatory proceedings to receive funding m accordance with the Mame Revised 
Statutes, Title 35-A, section 1310-A, which provides funding for mtervenors m 
commission proceedmgs It hm1ts fundmg for an intervenor or participant m a comm1ss1on 
proceeding involving a water utility to only administrative penalties deposited in the Pubhc 
Utilities Comm1ss1on Reimbursement Fund 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 04/18/23 feae 
LD395 
LR 456(02) 
An Act to Expand Funding Sources Within the Public Utilities Commission for Intervenor Funding 
Fiscal Note for Bill as Amended by Committee Amendment ''M.' ( H- 16·+) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost mcrease - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Pubhc Utihtles Coimmss10n (PUC) to allow certam participants m non-adjudicatory 
proceedmgs to receive fundmg and hmitmg fundmg for an mtervenor or participant m a comrmssion proceeding 
mvolvmg a water utlhty to only admmistrative penalties are expected to be mmor and can be absorbed withm ex _____ 0 
budgeted resource&. 
LR0456(02) - Fiscal Note - Page 1 of 1