An Act Regarding the Supply of Water to the Town of New Sharon
Maine Legislature, Session 132, LD 1346
Sponsors: BLACK, HALL

Legislative Document
No. 1346
S.P. 563
In Senate, April 1, 2025
An Act Regarding the Supply of Water to the Town of New Sharon
(EMERGENCY)
Received by the Secretary of the Senate on March 28, 2025.  Referred to the Committee on 
Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BLACK of Franklin.
Cosponsored by Representative HALL of Wilton and
Senator: MARTIN of Oxford, Representatives: FROST of Belgrade, NUTTING of Oakland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the New Sharon Water District has struggled to maintain consistent 
membership on its board of trustees for over a year; and
Whereas, the current board of trustees and the select board of the Town of New 
Sharon recognize that stability is necessary for ratepayers to be properly served; and
Whereas, this legislation must take effect before the expiration of the 90-day period 
to authorize submission of the issue of dissolution of the New Sharon Water District to the 
voters of the Town of New Sharon at the June 2025 primary; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  P&SL 1967, c. 29, as amended by P&SL 1989, c. 19, is repealed.
Sec. 2.  Transfer of assets of New Sharon Water District.  The New Sharon 
Water District shall expeditiously convey, assign and transfer to the Town of New Sharon, 
for no consideration:
1.  All physical and intangible assets of the New Sharon Water District, including all 
cash, lands, water rights, waters, dams, reservoirs, mains, pipes, service pipes, hydrants, 
gates, gate-boxes, fixtures, machinery, tools, apparatus, appliances, structures and any 
other physical element necessary and convenient for providing pure water for domestic, 
commercial, sanitary and municipal purposes; and 
 2. All existing contracts or other obligations between the New Sharon Water District 
and any 3rd party. All property, contracts, obligations and franchises of the New Sharon 
Water District must be conveyed subject to all debentures, bonds, mortgages, liens and 
encumbrances thereon, all of which must be assumed by the Town of New Sharon.
Sec. 3.  Contractual obligations not impaired.  In order to avoid any 
unconstitutional impairment of existing contractual rights, the Town of New Sharon and, 
if necessary, the New Sharon Water District shall enter into any and all contractual 
agreements necessary for the Town of New Sharon to fulfill any contractual obligations of 
the New Sharon Water District, including any existing financial obligations to the New 
Sharon Water District's bondholders.
Sec. 4.  Pledge of revenues.  In order to carry out the purposes of this Act and 
notwithstanding the Maine Revised Statutes, Title 30-A, section 5772, the Town of New 
Sharon is authorized to issue its notes or bonds in the form of either a general obligation 
pledge or a revenue pledge, as the municipal officer may determine, to replace or refinance 
any or all of the existing debts or obligations of the New Sharon Water District and is 
authorized to deliver other instruments evidencing its assumption of the debts, obligations 
and other liabilities of the New Sharon Water District without the need for any further 
action or approval from the New Sharon select board or the voters of the Town of New 
Sharon. Any notes or bonds or other instruments evidencing the town's assumption of the 
debts, obligations and other liabilities of the New Sharon Water District may be issued in 
the amounts necessary to pay the principal of, premium, if any, on and interest on the debts, 
obligations and other liabilities of the New Sharon Water District and may mature up to 
but not later than the stated maturity date of the debts, obligations and other liabilities of 
the New Sharon Water District.
Sec. 5.  Corporate successor to New Sharon Water District.  For purposes of 
assuming all debts and obligations of the New Sharon Water District, the Town of New 
Sharon is the corporate successor to the New Sharon Water District upon the transfer of the 
assets and obligations of the New Sharon Water District to the Town of New Sharon 
pursuant to this Act.
Sec. 6.  Referendum; effective date.  This Act takes effect when approved only 
for the purpose of permitting its submission to the legal voters within the Town of New 
Sharon at a referendum called for that purpose and held after March 1, 2025, but within 3 
years after the effective date of this Act.  The referendum must be called by the municipal 
officers of the town and must be held at the town's regular voting places.  The referendum 
must be called, advertised and conducted according to the law relating to municipal 
elections.  The registrar shall make a complete list of all the eligible voters of the Town of 
New Sharon.  The list prepared by the registrar governs the eligibility of a voter.  For the 
purpose of registration of voters, the registrar of voters must be in session the regular 
workday preceding the referendum.  The subject matter of this Act is reduced to the 
following question:
"Do you favor the New Sharon Water District turning over all assets, 
liabilities and responsibilities to the Town of New Sharon for the purposes 
of providing drinking water and fire protection to existing and future 
customers?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or 
"No" their opinion of the same.  The results must be declared by the municipal officers of 
the Town of New Sharon and due certificate of the results filed by the clerk with the 
Secretary of State.  This Act takes effect for all other purposes immediately upon its 
approval by a majority of the legal voters of the Town of New Sharon voting at the 
referendum.  Failure to achieve the necessary approval in any referendum does not prohibit 
subsequent referenda consistent with this section, as long as the referenda are held within 
years after the effective date of this Act.  If, after March 1, 2025, but prior to approval of 
this Act, a referendum on the question specified in this section is held in accordance with 
this section and a majority of the legal voters of the Town of New Sharon voting at the 
referendum cast votes in favor of the question and due certificate of the results are filed 
with the Secretary of State, this Act takes effect when approved.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill repeals the charter of the New Sharon Water District and directs the Town of 
New Sharon to take up the district's assets, liabilities and responsibilities.