An Act Concerning Contracts and Agreement for Large-scale Water Extraction
Maine Legislature, Session 131, LD 1111
Committee Amendment CA_A_H739 (House)

COMMITTEE AMENDMENT " ^ " to H.P, 707, L,D. 1111, "An Act Concerning
Contracts and Agreement for Large-scale Water Extraction"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 35-AMRSA§6109-B, as amended by PL 2013, c.381,Pt.B, §31,isfurther
amended to read;
§6109-B. Contracts for large-scale extraction and transportation of water
Except as provided in subsection. 5, this section governs any contract or agreement
between a consumer owned water utility and another entity that involves the large-scale
extraction of water and the large-scale transportation of water.
1. Definitions. As used in this section, unless the context otherwise mdicates, the
following terms have the following meanings.
A. "Large-scale extraction of water" means the extraction of water that is required to
be permitted, certified, reported or approved pursuant to:
(1) The in-stream flow provisions of Title 38, section 470-H;
(2) The requirements for significant groundwater wells under Title 38, section
480-B;
(3) The site location of development law requirements for a development of state
or regional significance that may substantially affect the environment as provided
in Title 3 8, section 482, subsection 2; or
(4) The water withdrawal reporting program under Title 38, chapter 3, subchapter
1, article 4-B,
B. "Large-scale transportation of water" means the transportation of water for
commercial purposes by pipeline or other conduit or by tank vehicle or in a container,
greater in size than 10 gallons, beyond the boundaries of the municipality or township
in which the water is naturally located or of any bordermg municipality or township.
COMMITTEE AMENDMENT
_€,••
^ COMMITTEE AMENDMENT "^ " to H.P. 707, L.D, 1111
1-A. Contract limitations; water utilities. A water utility may not enter into a
contract or agreement for the large-scale extraction of water and the large-scale
transportation of water with a term longer than 10 years. Notwithstanding subsection 5.
paragraph A,_subparagraph fl). the requirements of this subsection apfily when the entity
entering into the agreement or contract with the water utility is an existing customer of the
' water utility,
2. Public meeting required; consumer-owned water utility. A consumer-owned
water utility may not enter into a contract or agreement subject to this section until at least
30 days after holding a public meeting on the proposed contract or agreement in accordance
with this subsection. The public meeting must include;
A, A presentation by the consumer-owned water utility of the terms and conditions of
the proposed contract or agreement and the criteria to be used by the utility to decide
whether to enter into the contract or agreement; and
B, An opportunity for public comment on the proposed contract or agreement.
3. Public notice required; consumer-owned water utility. The consumer-owned
water utility shall, at least 3 0 days prior to the public meeting required under subsection 2,
give written notice of the public meeting and the proposed contract or agreement in
accordance with this subsection. The notice must include the date, time, place and purpose
of the meeting,
A. The consumer-owned water utility shall give one written notice to each of its
customers.
B. The consumer-owned water utility shall give written notice to the commission, the
Office of the Public Advocate and the municipality or municipalities where the source
of water is located.
C. The consumer-owned water utility shall publish one notice in a newspaper of
general circulation in the area served by the consumer-owned water utility.
4. Copy available for inspection; consumer-owned water utility. Prior to the public
meeting required under subsection 2, the consumer-owned water utility shall make
available for public inspection a copy of the proposed contract or agreement,
5. Exceptions. :H»s Except as provided in subsection 1-A. this section does not apply
to a contract or agreement between a consumer ownod water utility and another entity that
involves the large-scale extraction of water and the large-scale transportation of water
when;
A. The entity entering into a contract or agreement with the consumer owned water
utility is;
(1) An existing customer of the consumer owned water utility; or
(2) A water utility; or
B. The large-scale transportation of water meets the exceptions provided in Title 22,
section 2660-A, subsection 2, paragraph B, C or D,
6. Rulemaking. The commission may adopt mles to implement this section. Rules
adopted pursuant to this subsection are routine technical rules as defmed in Title 5, chapter
375, subchapter 2-A,'
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT " A." to H.P. 707, L.D.1111
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill, It amends the laws concerning contracts for large-
scale extraction and transportation of water to prohibit a water utility from entering into a
contract or agreement for the large-scale extraction of water and the large-scale
transportation of water for a term of more than 10 years and makes the prohibition
applicable to existing customers of the water utility. The amendment also broadens the
scope of this provision to apply to all water utilities rather than specifically to consumer-
owned water utilities. The amendment clarifies certain headnotes for provisions that apply
to only consumer-owned water utilities.
COMMITTEE AMENDMENT