An Act to Increase the Membership of the Public Utilities
Maine Legislature, Session 132, LD 1309
Committee: Energy, Utilities and Technology
Sponsors: BALDACCI
Amends: 35-A MRSA §103, 35-A MRSA §105, 35-A MRSA §108-B

Legislative Document
No. 1309
S.P. 539
In Senate, March 27, 2025
An Act to Increase the Membership of the Public Utilities 
Commission to 5 Members
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Cosponsored by Senator: LAWRENCE of York, Representatives: BRIDGEO of Augusta, 
GEIGER of Rockland, O'HALLORAN of Brewer, RUNTE of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §103, sub-§1, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read:
1.  Establishment.  There is established the Public Utilities Commission, which shall 
consist consists of 3 5 members.
Sec. 2.  35-A MRSA §105, sub-§1, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read:
1.  Appointment.  The Governor shall appoint 3 5 members to the Public Utilities 
Commission. At least one member must have significant experience in the field of 
renewable energy development in the State and one member must have significant 
experience in the field of consumer advocacy or public interest law. The appointments shall 
be are subject to review by the joint standing committee of the Legislature having 
jurisdiction over public utilities and to confirmation by the Legislature.  Members of the 
commission Commissioners shall devote full time to their duties.
Sec. 3.  35-A MRSA §105, sub-§2, ¶A, as enacted by PL 1987, c. 141, Pt. A, §6, 
is amended to read:
A.  Each term shall end Commissioners are appointed for terms of 6 years, and each 
term ends on March 31st of the 6th year of the term. The terms shall be staggered so 
that one ends in 1987 and every 6 years thereafter, one ends in 1989 and every 6 years 
thereafter, and one ends in 1991 and every 6 years thereafter.
Sec. 4.  35-A MRSA §108-B, first ¶, as enacted by PL 2013, c. 554, §1, is amended 
to read:
If the commission is unable to maintain a quorum for reasons as described in subsection 
1, the Governor shall appoint 3 5 alternate commissioners who may serve as temporary 
commissioners in accordance with this section.
Sec. 5.  35-A MRSA §108-B, sub-§1, as enacted by PL 2013, c. 554, §1, is amended 
to read:
1.  Selection of alternate commissioners.  If 2 3 or more commissioners, due to a 
conflict of interest, disability or other reason, are unable to serve in a proceeding, which 
results in the commission being unable to maintain a quorum as provided under section 
108‑A, the commission shall report this information to the Governor and post this 
information on its publicly accessible website.  Once the Governor is notified of the lack 
of a quorum for a particular proceeding, the Governor shall appoint 3 5 alternate 
commissioners, each of whom may serve as a temporary commissioner in that particular 
proceeding.  All appointed alternate commissioners must be retired judges or justices who 
are subject to review by the joint standing committee of the Legislature having jurisdiction 
over public utilities matters and to confirmation by the Legislature.  Once the alternate 
commissioners are confirmed by the Legislature, the commission shall, in a transparent 
manner, randomly assign from the alternate commissioners one alternate commissioner to 
be the first alternate commissioner, one alternate commissioner to be the 2nd alternate 
commissioner and, one alternate commissioner to be the 3rd alternate commissioner, one 
alternate commissioner to be the 4th alternate commissioner and one alternate 
commissioner to be the 5th alternate commissioner and send this information to the 
Governor. Following the receipt of this information, the Governor shall appoint alternate 
commissioners as temporary commissioners in the assigned order, until the number of 
temporary commissioners needed to reach a quorum is reached.  If, for good cause, an 
alternate commissioner is unable to serve as a temporary commissioner, the Governor shall 
appoint the next assigned alternate as a temporary commissioner.
Sec. 6. Staggered terms; powers and duties.  The commissioners serving on the 
Public Utilities Commission on the effective date of this Act continue to serve until their 
terms expire and successors are appointed.  Notwithstanding the Maine Revised Statutes, 
Title 35-A, section 105, subsection 2, paragraph A, of the 2 additional appointments made 
pursuant to this Act, one appointment must be made in 2026 for a term of 6 years and one 
appointment must be made in 2027 for a term of 6 years.
SUMMARY
This bill increases the membership of the Public Utilities Commission from 3 to 5 
members, one of whom must have significant experience in the field of renewable energy 
development in the State and one of whom must have significant experience in the field of 
consumer advocacy or public interest law.  The 2 additional members are appointed in 2026 
and 2027 to 6-year terms.