An Act Regarding
Maine Legislature, Session 132, LD 1949
Committee Amendment CA_A_S387 (Senate)
Amends: 35-A MRSA §704, 35-A MRSA §302

COMMITTEE AMENDMENT ''Au to S.P. 756, L.D. 1949, "An Act Regarding 
Energy Fairness,, 
Amend the bill by striking out all of Part A and inserting the following: 
'PART A 
Sec. A-1. 35-A MRSA §704, sub-§1, as amended by PL 1999, c. 398, Pt. A, §18 
and affected by§§ 104 and 105, is further amended to read: 
1. Residential customers. The commission shall adopt and promulgate reasonable 
rules after a hearing concerning the termination or disconnection of any residential 
customer's service by a transmission and distribution, gas, water or telephone utility of the 
State. These rules apply generally to all such utilities within the commission's jurisdiction 
and must p1·ovide fu1· adequate written notioe by tl:lat utility to tke residential eastomer that 
tl:le et-1Stomer1s l:ltility bill has not been paid, and a notioe of the prospeetive termination or 
<l-ffleenneetion and the right, prio!' to diseonneotion, to enter into reasonable installment 
payment an-angements with. that utility; to settle any dispute eonoerdng the proposed 
disconnection at an inful'mal heal'ing with that utility and to appeal the results of that 
utility's decision to the eommission. The rnles must~ provide that there may be no 
termination or disconnection during a limited medical emet'gency and for a just and 
reasonable procedure regarding reconnections of utility service and deposit requirements7 
and: 
A. Provide for adequate written notice by a public utility to a residential custome1· that 
the customer's utility bill has not been paid. a notice of the prospective termination or 
disconnection of utility service and the 1·ight of the customer, prio1· to termination 01· 
disconnection. to: 
(I) Enter into reasonable installment payment arrangements with that utility; 
(2) Settle any dispute concerning the proposed termination or disconnection at an 
informal hearing with that utility: and 
(3) Appeal the 1·esults of that utility's decision to the commission: 
Page I -132LR2159(02) 
COMMITTEE AMENDMENT 
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COMMl'n'EE AMENDMENT "A "to S,P. 756, L.D. 1949 { :5 J8'1) 
B. Except as provided in paragraph C. prohibit a transmission 01· distribution utility 
from terminating or disconnecting a residential customer•s utility service for 
nonpayment if the customer attests to the transmission and distribution utility that: 
(l) The customer faces financial hardship, which must be defined in the rules to 
mean that the customer is enrolled in a means-tested state or federal assistance 
12rogrn111, or attests to the utility that the custome1·
1s income is less than 60% of the 
area median income: 
(2) The customer has attempted to access any assistance program administered by 
the State as specified by the commission; and 
(3) The customer or a membe1· of the customer's household has been certified by 
a medical professional or governmental agency as having a medical condition or 
disability that would be adversely impacted by a disconnection of electricity 
se1·vice; 
C. Establish a process by which a transmission and distl'ibution utility may proceed 
with a disconnection of a residential customer's service that would otherwise be 
12rohibited under paragraph B in exceptional circumstances after the transmission and 
distribution utility has complied with all applicable requirements of this subsection and 
related rules: 
D. Require a transmission and distribution utility to issue monthly notices to customers 
who have unpaid amounts for utility services during any period in which the 
trnnsmission and distribution utility is prohibited from disconnecting the customer's 
utility service in accordance with paragrnph B. including the amount owed and a 
statement describing how the customer may apply fo1· financial assistance: and 
E, Prohibit a transmission and distribution utility from verifying that a customer 
qualifies for the prohibition on disconnection under paragraph B mo1·e than once per 
12-month period. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chaptet· 375. subchapter 2-A.' 
Amend the bill in Pal't B by inse11ing after section 1 the following: 
'Sec. B-2. 35-A MRSA §302, sub-§1-A, ,rl)-1 is enacted to read: 
D-1. "Investor relations" means an activity. communication. service or expense for the 
put'pose of promoting. supporting or managing a public utility1s relationship with 
current or potential investors, shareholders, securities analysts, investment advisors or 
financial media or fo1· the purpose of marketing to enhance the public utility's stock 
price, market perce12tion or investment appeal.' 
Amend the bill in Part B in section 2 in subsection 2 in paragraph A-1 in the last line 
(page 3. line 7 in L.D.) by inserting after the following: 0fines" the following: 
• This 
paragraph does not apply to a consumer-owned water utility. a consumel'-owned 
transmission and distribution utility 01· the Casco Bay Island Transit District, created by 
Private and S12ecial Law 1981, chapte1· 22' 
Amend the bill in Patt B in section 2 in subsection 2 in paragraph B in the last line 
(page 3, line 10 in L.D.) by insetiing after the following: 
11utility
the following: 'QtJ! 
consumer-owned transmission and distribution utility' 
COMMITTEE AMENDMENT 
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l 
COMMITTEE AMENDMENT" A 
"to S.P. 756, L.D. 1949 (s '3 't1') 
Amend the bill in Part B in section 2 in subsection 2 in paragraph C in the first 5 lines 
(page 3, lines 11 to 15 in L.D.) by striking out the following: 
• including, but not limited 
to. compensation for an employee of a public utility or an employee of an affiliated interest 
1f any portion of that compensation is used by the employee for lobbying or paid by that 
employee to a federal. state or local government official in an effort to influence any official 
decisions of or legislative decisions by the governmental official
Amend the bill in Patt B in section 2 in subsection 2 in paragraph E in the last line 
(page 3, line 27 in L.D,) by insetting after the following: 
11directors" the following: 
• This 
parngraph does not apply to a co11st11ner~owned water utility, a consumer-owned 
transmission and distribution utility or the Casco Bay Island Transit District, created by 
Private and Special Law 1981. chapter 221 
Amend the bill in Part B in section 2 in subsection 2 by striking out all of paragraph F 
(page 3, lines 28 to 31 in L.D,) and inserting the following: 
'F. 
Expenditures for investor relations. This paragraph does not apply to the 
ll@paration 01· filing of documents or communications that are expressly and 
exclusively required by applicable federal or state law or by order of a regulatory 
authority. as long as the document 01· communication is prepared solely to satisfy that 
legal or 1·egulatory requirement. This parngraph does not apply to a consumer-owned 
water utility, a consumer-owned transmission and distribution utility or the Casco Bay 
Island Transit District. created by Private and Special Law 1981. chapter 22; and' 
Amend the bill in Pait B in section 2 in subsection 2 in paragraph G in the 4th line 
(page 3, line 35 in L.D.) by insetting afte1· the following: 
11same proceeding" the following: 
'multiplied by the number of months in which the utility has such expenses up to t 50% of 
the spending by the Office of the Public Advocate in the same proceeding• 
Amend the bill in Pait C in section 1 in subsection 1-B in ~he 2nd line (page 4, line t 7 
in L.D.) by stl'iking out the following: 
11public
and inserting the following: •transmission 
and distribution' 
Amend the bill in Pait C in section 1 in subsection 1-B in the 5th line (page 4, line 20 
in L.D.) by striking out the following: 
11public
and insetting the following: 'transmission 
and distribution• 
Amend the bill in Part C in section l in subsection 1-B in the 6th line (page 4, line 21 
in L.D.) by striking out the following: 
11public
Amend the bill in Part C in section 1 in subsection 1-B in paragraph D in the first line 
(page 4, line 30 in L.D,) by insetting after the following: 
11the
the following: 'transmission 
and distribution' 
Amend the bill in Part C in section 1 in subsection 1-B in the first blocked paragraph 
in the last 2 lines (page 4, lines 35 and 36 in L.D.) by striking out the following: "and 
environmental justice population status as defined in section 103-B. subsection L 
paragraph B 
Amend the bill in in Pait C in section 1 in subsection 1-B in the 2nd blocked paragraph 
in the first line (page 4, line 37 in L.D.) by striking out the following: "public
and inserting 
the following: 1transmission and distribution' 
COMMITTEE AMENDMENT 
ROS 
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COMMlITEE AMENDMENT"A "to S.P. 756, L.D. 1949 ( 5·355''1) 
Amend the bill in Patt C in section 1 in subsection 1-B in the 2nd blocked paragraph 
in the 2nd line (page 41 line 38 in L.D.) by inserting after the following: 
11011 the" the 
following: 'transmission and distribution' 
Amend the bill in Part C in section 2 in §301-A in subsection l in the 3rd line (page 5, 
line 3 in L.D.) by stl'iking out the first occurrence of the following: "public" and inserting 
the following: 'transmission and distribution' 
Amend the bill in Patt C in section 2 in §301-A in subsection l in the 3rd line (page 5, 
line 3 in L.D.) by striking out the 2nd occurrence of the following: 
11public
and inserting 
the following: 'transmission and distribution' 
Amend the bill in Part C in section 2 in §301-A in subsection I in paragraph A in the 
first line (page S, line 9 in L.D.) by striking out the following: "public" and inserting the 
following: 'transmission and distribution' 
Amend the bill in Part C in section 2 in §301-A in subsection 2 in the 2nd line (page 5, 
line 15 in L.D.) by striking out the following: "conduct" and insetting the following: 
'initiate' 
Amend the bill in Part C in section 2 in §301-A in subsection 2 in the 3rd line (page 5, 
line 16 in L.D.) by striking out the following: 
11public
and insetting the following: 
'transmission and disb'ibution' 
Amend the bill in Pait C in section 2 in §301-A in subsection 3 in the first line (page 
5, line 20 in L.D,} by striking out the following: 
11public
and inserting the following: 
'transmission and distribution' 
Amend the bill in Part C in section 2 in §301-A in subsection 4 in the ffrst line (page 
5, line 24 in L.D.) by striking out the following: "public" and inse1ting the following: 
'transmission and distribution' 
Amend the bill in Part C in section 2 in §301-A in subsection 4 in the 3rd line (page 5, 
line 26 in L.D.) by striking out t~1e following: 
11public
and insetting the following: 
'transmission and distribution' 
Amend the bill in Patt C by striking out all of sections 3, 4 and 5. 
Amend the bill in Part C in section 6 in the 2nd line (page 6, line 16 in L.D.) by striking 
out the following: 
11public
and insetting the following: 'trnnsmission and distribution' 
Amend the bill in Pait C in section 7 in the 3rd Line (page 6, line 21 in L.D.) by stl'iking 
out the following: 
11public
and inserting the fol}owing: 'transmission and distribution' 
Amend the bill in Patt C by inseiting after section 7 the following: 
'Sec. C-8. Rules, In adopting rules pursuant to the Maine Revised Statutes1 Title 
35-A, section 301, subsection 1-B, the Public Utilities Commission shall require a 
transmission and distribution utility to include in its qua1terly docket filing information 
required to be filed by transmission and distl'ibution utilities pursuant to Public Utilities 
Commission rule Chapter 81 S effective August 29, 2024.' 
Amend the bill by striking out all of Part D and inserting the following: 
1PARTD 
COMMITTEE AMENDMENT 
ROS 
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COMMITTEE AMENDMENT "fa" to S.P. 756, L.D. 1949($ 1317\ 
Sec. D-1. 
Environmental justice principles; report. The Public Utilities 
Commission shall evaluate and identify ways in which the commission may incorporate 
environmental justice principles into the performance of its duties. 
Fo1· the purposes of this section, "environmental justice principles" means principles 
that supp01t protection from environmental pollution and the ability to live in and enjoy a 
clean and healthy environment, regardless of race, color, national origin, class, ability, 
gender identity, sexual orientation, ethnicity or ancestry, religious belief, English language 
proficiency 01· income, which include the meaningful involvement of environmental justice 
populations with respect to the development, implementation and enforcement of 
environmental laws, rules, regulations and policies and the equitable distribution of energy, 
health, economic and environmental benefits and energy, health, economic and 
environmental burdens. For the purposes of this section, "environmental justice 
population" means any censi1s block group in which the annual median household income 
is not more than 80% of the State's annual median household income; persons of color or 
indigenous persons constitute 7% or more of the population, but the annual median 
household income does not exceed 150% of the State's annual median household income; 
or more than 1 % of households a1·e categorized as having limited English proficiency. 
The commission shall submit a repo1t to the Joint Standing Committee on Energy, 
Utilities and Technology by February 15, 2026 with recommendations regarding the 
incorporation of environmental justice principles into the performance of its duties. The 
committee may report out a bill 1·elated to the commission's report to the Second Regular 
Session of the 132nd Legislature.' 
Amend the bill by relettering 01· renumbering any nonconsecutive Part letter or section 
number to read consecutively, 
SUMMARY 
This amendment does the following. 
1. It changes the eligibility criteria for a residential customer who is protected from 
disconnection by a public utility for nonpayment and limits the criteria to customers of a 
transmission and distribution utility. 
2. It removes the provisions of the bill addressing sales practices of competitive 
electricity providers. 
3. In the section of the bill establishing limitations on expenses that may be included 
in a public utility's rates, it excepts certain consumer-owned utilities from the prnhibition 
on the inclusion in rates of contributions to a trade association, chamber of commerce or 
public charity, including, but not limited to, a chal'ity managed by the public utility or 
affiliated intel'est. It removes the prohibition on the inclusion in rates compensation for an 
employee of a public utility or an employee of an affiliated interest if any po1tion of that 
compensation is used by the employee for lobbying or paid by that employee to a federal, 
state or local government official in an effott to influence any official decisions of or 
legislative decisions by the governmental official. It also defines 
11investo1· relations" and 
establishes an exception to the prohibition on the inclusion of expenditures for investor 
relations. The amendment also establishes a cap on the monthly costs that may be included 
in rates associated with any contested rate case proceeding conducted before the Public 
Utilities Commission in which the Office of the Public Advocate participated. 
COMMITTEE AMENDMENT 
S..9.§. 
l 
COMMITTEE AMENDMENT "A" to S.P. 756, L.D. 1949 { <3.-3 <i(~ 
4. It limits the provisions of the bill related to customer hardship reporting to 
transmission and distribution utilities with over 50,000 customers and removes the 
requirement that certain data be disaggregated by environmental justice population status, 
5. It changes the date applicable to administrative chal'ge proceedings conducted by the 
commission to specify that the commission must initiate one or more proceedings by 
December 31, 2025 as opposed to conducting one or more proceedings by December 31, 
2025. It also limits the applicability of the proceeding to transmission and distribution 
utilities with over 50,000 customers. 
6. It removes the sections of the bill governing investor-owned transmission and 
distribution utility custome1· bill requirements. 
7. It removes the provisions of the bill enacting environmental justice requirements and 
instead directs the commission to evaluate and identify ways in which the commission may 
incorporate environmental justice principles into the performance of its duties. The 
commission must provide a report to the Joint Standing Committee on Energy, Utilities and 
Technology by February 15, 2026 with recommendations. The committee may report out 
a bill related to the commission's report to the Second Regular Session of the 132nd 
Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/06/25 l-Rl-
LD 1949 
LR 2159(02) 
An Act Regarding Energy Fairness 
Fiscal Note for Bill as Amended by Committee Amendment ½ "( S, :>V~ 
Committee: Energy, Utilities and Technology 
/1 
J 
Fiscal Note Required: Yes 
Fiscal Note 
Cm1'ent biennium cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Sections of this bill related to administrative charge proceedings specify that they must be completed within ex'isting 
resources. However, the Public Utilities Commission (PUC) has indicated that due to the nature of these proceedings, 
additional contracted services would be required to meet the bill requirements. The current statute does not authorize 
the ·use of existing Other Special Revenue Funds accounts fot· this purpose. As a result, the bill imposes new 
requirements without allowing a s\1fficient funding mechanism. The potential impact of these unfunded requirements 
on the PUC's existing activities cannot be determined at this time. 
LR2 I 59(02) - Fiscal Note - Page I of 1