An Act Concerning Contracts and Agreement for Large-scale Water Extraction
Maine Legislature, Session 131, LD 1111
Committee: Energy, Utilities and Technology
Sponsors: O'NEIL, BENNETT, COPELAND, GRAMLICH
Amends: 35-A MRSA §6109-B

Legislative Document
No. 1111
H.P. 707
House of Representatives, March 9, 2023
An Act Concerning Contracts and Agreement for Large-scale Water 
Extraction
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative O'NEIL of Saco.
Cosponsored by Senator BENNETT of Oxford and
Representatives: COPELAND of Saco, GRAMLICH of Old Orchard Beach.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §6109-B, first ¶, as enacted by PL 2009, c. 37, §1, is amended 
to read:
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.  A consumer-owned water 
utility may not enter into any contract or agreement governed by this section with a term 
longer than 3 years.
Sec. 2.  35-A MRSA §6109-B, sub-§1-A is enacted to read:
1-A.  Local approval required.  In addition to the other requirements of this section, 
a consumer-owned water utility may not enter into a contract or agreement subject to this 
section, including, but not limited to, the renewal or extension of a contract or agreement 
subject to this section, until the legislative body of each municipality and township located 
within the watershed from which water is to be extracted and transported pursuant to that 
contract or agreement has voted to approve such extraction and transportation.
Sec. 3.  35-A MRSA §6109-B, sub-§2, as enacted by PL 2009, c. 37, §1, is 
amended to read:
2.  Public meeting required.  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
A-1.  A presentation of documentation demonstrating that the proposed contract or 
agreement has received all local approval required under subsection 1-A; and
B.  An opportunity for public comment on the proposed contract or agreement.
Sec. 4.  35-A MRSA §6109-B, sub-§4, as enacted by PL 2009, c. 37, §1, is 
amended to read:
4.  Copy available for inspection.  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 and a copy of documentation demonstrating 
that the proposed contract or agreement has received all local approval required under 
subsection 1-A.
SUMMARY
This bill amends the State's laws concerning contracts and agreements for the large-
scale extraction and transportation of water by requiring any such contract or agreement to 
be approved by a vote of the legislative body of each municipality and township located 
within the watershed from which water is to be extracted and transported pursuant to that 
contract or agreement.  It also provides that a consumer-owned water utility may not enter 
into any contract or agreement with another entity for the large-scale extraction and 
transportation of water with a term longer than 3 years.