An Act to Protect and
Maine Legislature, Session 132, LD 1963
Committee Amendment CA_A_S417 (Senate)
Amends: 35-A MRSA §1316, 35-A MRSA §1316-B

COMMITTEE AMENDMENT "/+'" to S.P. 770, L.D, 1963, "An Act to Protect and
Compensate Public Utility Whistleblowers"
Amend the bill by striking out all of the emergency preamble.
Amend the bill by striking out evetything after the enacting clause and inserting the
following:
'See. 1. 35-A MRSA §1316, sub-§3, as repealed and replaced by PL 2023, c. 405,
Pt, A, §124, is repealed and the following enacted in its place;
3. Discharee of, threats to or discrimination against employees for testimony
presented to leeislative committees, commission or Public Advocate. A supervisor may
not discharge, threaten or otherwise discriminate against an employee regarding the
employee's compensation, terms. conditions, location or privileees ofemDloyment because
the employee, in conmljance with this section, in eood faith testifies before or provides
information to a legislative committee, the commission or the Public Advocate re£ardme
the operation of the business of a public utility or competitive electricity provider or
because the employee brings the subject matter of the testimony or information to the
attentioiLof a person havina supervisory authority.
A, Except as provided in pat'aeraph B, this subsection does not apply to an emplQyee
who has testified before or provided information to a leeislative committee, jhe
commission or the Public Advocate unless the employee has first brought the subject
matter of the ^^ to the attention of a person having
sUDervisory authority with the emolover and has allowed the employer a reasonable
timeioaddress the^ybiect matter of the testimony or information. Ifgpm-opriate, the
emolover shall respond in writine.
B. An employee providine testimony or information to the commission as an
3 informational report pursuant to section 1316-B is not required to first brine the subject
matter of the testimony or information to the attention of a supervisory authority with
the employer.
COMMITTEE AMENDMENT
-Sf COMMITTEE AMENDMENT " A" to S.P. 770, L,D. 1963 ( ^ l/
^-
Sec. 2. 35-A MRSA §1316-B is enacted to read:
81316-B. Whistleblower award
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings,
A. "Covered sanction" means, with respect toa Rublic ytHitv;
(1) An administrative penalty of $100.000 or more imposed by the commission on
the public utility pursuant to section 1508-A. or pursuant to any other provision of
this Title, that. as determined by the commission, is substantially related to an
informational report; or
(2) A negative revenue adjustment for that public utility of at least $250.000 over
a period of not more than 5 years that, as determined by the commission, is
substantially related to an informational report received by the commission in the
5 years prior to the imDositionofthe neeative revenue adjustment.
B, "Covered_sanction Di'oceedmg" means any m'oceedin&conducted by the commission
involving a public utility that results in a covered sanction against that utility.
C, "Informational report" means information, includina testimony or information
provided to the commission in accordance with section 13] 6, provided by a
whistleblower to the commission regardine tlie conduct of a public utility in the State
in_accordance_wjth the m'ocess established bvLthe commission underLSnbsectiQn 2,
D. "Whistleblower" means an individual who provides an informational report to the
commission.
2. Commission process. The commission shallestablish by rule a m'Qcess to receive
informational reports in accordance with the following requirements.
A. The process must allow a wlustleblower to provide an informational report to the
commission's consumer assistance and safety division by e-mail or telephone.
B. Except as provided inoaragraoh C, the commission shall provide for the confidential
treatment of the identity of a whistleb lower and the contents of an informational report
pursuant to section 1316-A if the whistleblower requests such confidential treatment.
C, The process must allow for the commission's consumer assistance and^afety
division to provide to the Public Advocate a summary of an informational report.
including the name and contact information of the whistleblower that provided the
report. The commission shall issue a protective order for the summary of the
informational report provided to the Public Advocate under this paragraph,
3. Summary investieations. The commission may conductLa^summatY investigation
based on an informational report received in accordance with this section,
4. Notice requirements. The commission shall m-ovide on the commission's publicly
accessible website:
A. A description of the process establ ished under subsection 2 and a statement that this
m-ocess is established to assist the commission in ensurins: cost-effective Derformance
and compliance of public utilities in the State; and
COMMITTEE AMENDMENT
(y COMMITTEE AMENDMENT "^ " to S,P. 770, L.D, 1 963
B. Within 15 days of imposing a covered sanction on a public utility, a notice of the
amount of the covered sanction and a summary of the basis for the imposition of the
covered sanction,
5. Whistleblowerawsrdsm'ocessieligibili^^^
notice of imposition of a covered sanction under subsection 4. paragraphB. a whistleblower
may apply to the commission for an award of a portion of the covered sanction. In
accordance with this subsection, the commission shall establish a process by rule by which
a whistleblower may apply to and receive from the commission an award of a portion of a
covered sanction,
A. Except as provided in oaraeraoh B. if the commission determines that _a
whistleblower's informational renort was material to the commission's mvestifiation
that led to the imposition of a covered sanction, the commLssiQn shall award the
whistleblower an amount between 10% and 30% of the covered sanction. The
commission, by rule. shall establish criteria to determine the circumstances in which
an informational report is considered material to the commission's investiaation, The
circumstances may include, but are not limited to. that the information provided in the
informational report by the whistleblower is:
d) Derived from independent knowledge or analysis of the whistleblower;
C2) Not known to the commission from any other sourceLand
0) Not exclusively derived from an alleeation made in a judicial or_administrative
hearing, ill a eovernmental report, hearinKLaydit or investisatLou or from the news
media, unless the whistleb lower is a source of the information,
B, The commission may not make an award to a wlustleblower pursuant to this
subsection if;
d') The whistleblower is or. at the time the whistleblower acqylred thejnformation
or provided the informational report, was a member, officer or employee of the
commission, the Office of the Public Advocate or a lawejiforcement aeencv;
(2) The commission determines that the whistleblower has_been convicted of a
criminal violation related to the public utility's violation of this Title for which the
whistleblower otherwise could re this section or
(3) The whistleblower fails to submit information to the commission in such form
as the commission may. by rule. require,
3 6. Whistleblower award; amount. Indetenninine the amoy nt of the covered sanction
under subsection 5. paragraDh A to award to a whistleblower that meets the requirements
of subsection 5. the commission shall consider:
A. The significance of the informational report to the success of the covered sanction
proceeding:
B. The degree of assistance provided by the whistleblower and any legal representative
ofthewhistleblower in the covered sanction prQceeding;
C, The programmatic interest of the commission in deterrina violations of this Title bv
making awards to whistleblowers who provide infonnation that leads to the successful
enforcement of such lawsi and
COMMITTEE AMENDMENT
0°> COMMnTEE AMENDMENT "^." to S.P. 770, L,D. 1963 (5 // 7
D. Additional relevant factors as determined by the commission,
The commission may not base the determination of an award amount under this subsection
on the availability of funds in the sources of funding described in subsection 7.
7. Sources of award funding. The coinmission may. by order. direct a public utility
to pay an award determined under subsection 6 to a whistleblower directly or to the
commission on behalf of the whistleblower. in which case the commission shall timely
provide such pavnient to the whistleblower. Notwithstanding section 116. subsection 4,
the commission may pay the award using funds in the Public Utilities Commission
Reimbursement Fund under section 1 17.
8, Rjilcs. 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,
subchaDter2.A.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and removes the emergency preamble and emergency
clause, It requires the Public Utilities Commission to establish a process by rule by which
a whistleblower may provide information to the commission regarding tlie conduct of a
public utility in the State. If the commission determines that the whistleblower's
information was material to a commission investigation leading to the imposition of certain
covered sanctions, the commission may award the whistleblower a percentage of the
covered sanction amount. The amendment establishes criteria for the determination of the
amount of the award that a whistleblower may receive and limitations on the types of
Individuals who may receive an award. It also allows an employee making an
informational report to be protected from discharge, threats or discrimination against the
employee regarding the employee's compensation, terms, conditions, location or privileges
of employment without first bringing the subject matter of the informational report in
writing to the attention of a person having supervisoiy authority with the employer.
FISCAL NOTE REQUIRED
(See attached)
Page4-132LR2099(02)
COMMITTEE AMENDMENT
Approved: 05/29/25 *-f<L.
LD 1963 LR 2099(02)
An Act to Protect and Compensate Public Utility Whisflcblowers
Fiscal Note for Bill as Amended by Committee Amendment "/'^ c^
Committee: Energy, Utilities and Technology
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Public Utilities Commission from the provisions of.this bill are expected to be minor and
call be absorbed within existing budgeted resources.
LR2099(02) - Fiscal Note - Page 1 of 1