An Act to Amend Laws Governing the Public Utilities Commission
Maine Legislature, Session 132, LD 1405
Committee: Energy, Utilities and Technology
Sponsors: FOSTER
Amends: 35-A MRSA §117, 35-A MRSA §1310-A

Legislative Document
No. 1405
H.P. 927
House of Representatives, April 1, 2025
An Act to Amend Laws Governing the Public Utilities Commission 
Concerning Participant Funding
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FOSTER of Dexter.
Cosponsored by Representatives: GEIGER of Rockland, MCINTYRE of Lowell, Senator: 
HARRINGTON of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §117, sub-§3, ¶B, as amended by PL 2023, c. 143, §§1 to 3, 
is further amended by amending subparagraph (4) to read:
(4)  To supplement the telecommunications education access fund established 
pursuant to section 7104‑B; or
Sec. 2.  35-A MRSA §117, sub-§3, ¶B, as amended by PL 2023, c. 143, §§1 to 3, 
is further amended by amending subparagraph (5) to read:
(5)  To supplement any other program or fund that the commission determines 
would benefit customers affected or potentially affected by the violation; or.
Sec. 3.  35-A MRSA §117, sub-§3, ¶B, as amended by PL 2023, c. 143, §§1 to 3, 
is further amended by repealing subparagraph (6).
Sec. 4.  35-A MRSA §1310-A, as amended by PL 2023, c. 143, §4, is further 
amended to read:
§1310-A.  Intervenor and participant funding
1.  Qualification for funding.  Consistent with rules adopted by the commission 
pursuant to subsection 3, the commission may order or provide funding in accordance with 
subsection 2 to an intervenor in an adjudicatory proceeding or a participant in a 
nonadjudicatory commission proceeding upon a finding that:
A.  The position of the intervenor or participant is not adequately represented by the 
Office of the Public Advocate or commission staff;
B.  The intervenor or participant is likely to substantially contribute to the proceeding 
and to assist in the resolution of the issues raised in the proceeding; and
C.  Participation in the proceeding by the intervenor or participant would impose a 
significant financial hardship on the intervenor or participant.
2.  Funding sources.  If the commission finds pursuant to subsection 1 that an 
intervenor or participant in a commission proceeding qualifies for funding, the commission 
may, except as provided in subsection 2‑A and consistent with rules adopted by the 
commission pursuant to subsection 3:
A.  Order a utility involved in the commission proceeding to compensate the intervenor 
or participant.  Compensation provided by a utility under this paragraph may be 
recovered in rates; or
B.  Provide compensation to the intervenor or participant from the Public Utilities 
Commission Regulatory Fund established pursuant to section 116, administrative 
penalties and filing fees, subject to the commission's determination that funds are 
available for that purpose.
2-A.  Water utility exception.  If the commission finds, pursuant to subsection 1, that 
an intervenor or participant in a commission proceeding involving a water utility qualifies 
for funding, the commission may, consistent with rules adopted by the commission, provide 
compensation to the intervenor or participant only from administrative penalties within the 
Public Utilities Commission Reimbursement Fund in 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 routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A.  
A.  Rules adopted by the commission pursuant to this subsection must include, but are 
not limited to:
(1)  The process by which the commission will determine whether an intervenor or 
participant qualifies for funding;
(2)  Identification of which expenses incurred by an intervenor or participant may 
qualify for funding, which types of proceedings intervenor or participant funding 
will be available for and the point in an eligible proceeding at which an intervenor 
or participant qualifying for funding will be provided with the funding;
(3)  The process by which the commission will ensure that funding provided to an 
intervenor or participant is used properly and the process by which funding 
provided to an intervenor or participant that is not entirely used by the intervenor 
or participant may be recovered by the commission; and
(4)  The methods by which the commission will ensure that the public is notified 
about the availability of intervenor and participant funding under this section.
B.  Rules adopted by the commission pursuant to this subsection may include, but are 
not limited to:
(1)  Establishment of a cap on the amount of funding that a qualified intervenor or 
participant may be provided in a commission proceeding;
(2)  Establishment of a process by which the commission will give priority under 
this section to qualified intervenors or participants representing environmental 
justice populations.  If the commission establishes such a process by rule, the 
commission, in consultation with the Department of Environmental Protection, 
shall include in that rule a definition for "environmental justice populations" that 
is consistent with any definition for that term adopted by the department in a 
department rule; and
(3)  Any other provisions the commission determines necessary for the 
implementation of this section.
SUMMARY
This bill removes the authority of the Public Utilities Commission to use administrative 
penalties collected by the commission for intervenor funding.  It also removes the authority 
of the commission to allow participants in commission nonadjudicatory proceedings to 
receive funding similar to funding for intervenors in commission proceedings.