reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3907. Organization of multimember district

§3907. Organization of multimember district
A municipal power district formed under section 3904 shall be organized under the following provisions.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Trustees.
Upon formation of a district under section 3904, all the affairs of the district must be managed by a board of trustees comprised of 2 trustees from each municipality. Trustees must be residents of their respective municipalities. They hold office as provided in subsection 2 and until their respective successors are elected and qualified. When any trustee ceases to be a resident of the trustee's municipality, that trustee's position becomes vacant. Trustees are subject to Title 30‑A, section 2605, concerning conflict of interest.
[PL 1995, c. 254, §10 (AMD).]
2.  Election.
Within 60 days after the formation of a district, the municipal officers of each municipality shall appoint 2 members to the initial board of trustees. The initial members shall agree, or determine by lot, the term of each so that, as nearly as possible, an equal number will serve for one year, an equal number for 2 years and an equal number for 3 years. Each year as the term of a trustee expires, the legal voters of that trustee's municipality, at an annual election, shall select a successor to serve for a full term of 3 years. The annual election shall be held concurrently with the election of municipal officers. The trustees shall conspicuously post notice of the election in 2 public places within each municipality of the district, not less than 7 days before the election. Any vacancy in the board shall be filled by the municipal officers for the unexpired term.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Meetings.
As soon as convenient after each annual election, the trustees shall hold a meeting at the offices of the district, elect a chair and clerk and adopt a corporate seal. They may choose a treasurer and all other officers and agents for the proper management of the affairs of the district. Other meetings of the trustees may be called by the chair or by any 3 of the trustees, after prior notice to the public. Trustees shall determine their own compensation, not to exceed $10 per meeting per trustee. A majority of trustees constitutes a quorum. The trustees shall conduct public hearings whenever they propose matters affecting rates, bylaws, service, an annual budget or their own compensation.
[RR 2021, c. 1, Pt. B, §420 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 254, §10 (AMD). RR 2021, c. 1, Pt. B, §420 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3909. Issuance of bonds and notes

§3909. Issuance of bonds and notes
1.  Notice.
In the event that the trustees vote to authorize bonds or notes for a period exceeding one year or for acquisition of any plant or equipment, they shall provide notice to the general public of the proposed bond or note issue and the purposes for which the debt is being issued. The notice shall be published at least once in a newspaper having general circulation in the district. The trustees shall give notice to each voter of the district by mail. No such debt may be incurred under the vote of the trustees until the expiration of 7 full days following the date on which the notice was first published and mailed.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  District approval.
The procedure for district approval of the issuance of bonds and notes is as follows.
A. For bonds or notes which singly or in the aggregate included in any one financing amount to $150,000 or more, subject to adjustment relative to 1981 as the base year according to the annual Consumer Price Index, as published by the appropriate federal agency, the trustees shall call a special district meeting for the purpose of permitting members of the public to express their views concerning the proposed amount of debt. That meeting shall also express approval or disapproval of the proposed amount of debt. If a majority of voters present and voting expresses disapproval of the amount of debt proposed by the trustees, the debt shall not be incurred and the vote of the trustees authorizing it shall be of no effect.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. The procedure of paragraph A shall also be followed for debts in amounts smaller than the amount specified in paragraph A, if requested by petition of not less than 50 qualified voters of the district, filed with the clerk of the district before the expiration of 7 full days after publication of the public notice required under subsection 1.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3910. Revenue obligation securities

§3910. Revenue obligation securities
A district created under this chapter shall be deemed a municipality for purposes of Title 10, chapter 110, subchapter IV, with respect to a qualifying electric generating system, electric distribution system, or both. The board of trustees are deemed to be municipal officers for purposes of that subchapter.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3911. Eminent domain

§3911. Eminent domain
A district may exercise the right of eminent domain under the same conditions and for the same purposes as other transmission and distribution utilities under section 3136. Title to property acquired must be taken in the name of the district.   [PL 1999, c. 398, Pt. A, §91 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A91 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3912. Rates

§3912. Rates
All persons whether private, public or municipal, shall pay to the district the rates established by the trustees for the electricity used by them and the rates may not be unjustly discriminatory within the district. The rates shall be established in accordance with this chapter and shall provide for the following purposes only:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Payment of current expenses of operation and maintenance.
To pay the current expenses for operating and maintaining the electric system, including the cost of fuel and to provide for normal renewals and replacements;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Payment of interest indebtedness.
To provide for the payment of the interest on the indebtedness created or assumed by the utility;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Retirement of term indebtedness.
To provide each year a sum equal to not less than 2% nor more than 10% of the term indebtedness represented by the issuance of bonds created or assumed by the utility, which sum shall be turned into a sinking fund and kept there to provide for the retirement of term indebtedness. The money set aside in this sinking fund shall be devoted to the retirement of the term obligations of the utility and may be invested in such securities as savings banks in the State are allowed to hold; and
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Principal payments on serial indebtedness.
To provide for annual principal payments on serial indebtedness created or assumed by the utility.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3913. Rate setting

§3913. Rate setting
Municipal power districts are public utilities and subject to this Title.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3914. Quasi-municipal body

§3914. Quasi-municipal body
A municipal power district formed in accordance with this chapter is a quasi-municipal corporation within the meaning of the laws of this State, including, but not restricted to, Title 36, section 651.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3915. Existing service areas

§3915. Existing service areas
A municipal power district may not serve as a public utility, as defined in section 102, without consent from the commission in accordance with section 2102.   [PL 1995, c. 254, §11 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 254, §11 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 1: GENERAL PROVISIONS › 35-A §4101. Short Title

§4101. Short Title
This chapter shall be known and may be cited as the "Maine Municipal and Rural Electrification Cooperative Agency Act."   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 1: GENERAL PROVISIONS › 35-A §4102. Findings and declaration of necessity

§4102. Findings and declaration of necessity
It is found and declared that:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Supply necessary.
An adequate, reliable and economical supply of electricity in the State is a necessity to the enjoyment of life and health by the people of the State and its absence would endanger the State, its people and its economy;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Development.
The provision of a means of promoting the development of an adequate, reliable and economical supply of electricity is a matter of public and state concern, is a public purpose and is for the general good of the inhabitants of the State;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Deficiency.
There exists a serious deficiency in the ability of various municipalities and rural electric cooperatives in the State presently providing electricity for sale at retail to finance the acquisition, construction and installation of generation, transmission and distribution facilities necessary to ensure an adequate, reliable and economical supply of electricity, and that deficiency constitutes an exigency under which the Legislature may act;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Supply.
The enactment of this chapter constitutes the most expedient way for the Legislature to provide a means for those municipalities and rural electric cooperatives to develop an adequate, reliable and economical supply of electricity; and
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Public interest.
The necessity of the public interest for the provisions enacted is declared as a matter of legislative determination.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 2: ESTABLISHMENT AND ORGANIZATION › 35-A §4134. Acquisition of property

§4134. Acquisition of property
1.  Eminent domain.
The agency may acquire by the exercise of the power of eminent domain any real property, or any interest in real property, which it determines necessary for its purposes under this chapter, after the adoption by it of a resolution declaring the acquisition of the real property or interest in it described in the resolution is necessary for those purposes.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Restrictions.
The agency shall exercise the power of eminent domain in the manner provided in Title 30‑A, section 5108. References in Title 30‑A, section 5108, to an urban renewal project and a renewal project area and the like are inapplicable. Notwithstanding Title 30‑A, section 5108:
A. No facility for the generation, transmission or distribution of electricity owned by any person may be taken, except for the purpose of acquiring property or rights in it in order to permit the crossing of existing transmission or distribution facilities. In the event of a taking, the respective rights and obligations of the agency and the property owner shall, upon petition of either party, be determined by the commission.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. No site for a project for which any utility or person had filed an application for preliminary permit, a license or application for exemption from the Federal Energy Regulatory Commission on or before November 1, 1977, may be taken until the time, if ever, that the application is denied, and no further renewals or appeals are available to the utility or person, or the utility or person abandons its application, permit or license; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. No property may be taken, except as may be necessary for the proper location of transmission or distribution lines and necessary appurtenances to them, unless the property is located within the territory in which a municipality or cooperative provides service or within one mile of the territory.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1995, c. 254, §13 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF). PL 1995, c. 254, §13 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 2: ESTABLISHMENT AND ORGANIZATION › 35-A §4135. Tax exemption

§4135. Tax exemption
1.  Bonds or notes.
All bonds, notes or other evidences of indebtedness issued under this chapter are issued by a political subdivision or a body corporate and politic of the State, and for an essential public and governmental purpose. Those bonds, notes or other evidences of indebtedness and the interest on them and the income from them, including any profit on their sale, and all activities of the agency and fees, charges, funds, revenues, incomes and other money of the agency, whether or not pledged or available to pay or secure the payment of those bonds, notes or other evidences of indebtedness or interest on them, are exempt from all taxation, franchise fees or special assessments of whatever kind, except for transfer, inheritance and estate taxes.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Property taxes.
All real and personal property acquired by the agency is subject to taxes to the same extent as real and personal property owned by other transmission and distribution utilities.
[PL 1999, c. 398, Pt. A, §93 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF). PL 1999, c. 398, §A93 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 2: ESTABLISHMENT AND ORGANIZATION › 35-A §4136. Rules and rates

§4136. Rules and rates
1.  Rules.
The agency may make and enforce rules consistent with the purpose of this chapter.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Rates.
The agency may establish, levy and collect or may authorize by contract, franchise, lease or otherwise, the establishment, levying and collection of rents, rates and other charge:
A. For the services afforded by the agency or afforded by or in connection with any project or properties which it may construct, erect, acquire, own, operate or control or with respect to which it may have any interest or any right to capacity; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. For the sale of electricity or of generation or transmission capacity or service as it determines necessary, proper, desirable and reasonable.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
Rents, rates and other charges shall be at least sufficient to meet the expenses of the agency, including operating and maintenance expenses, reasonable reserves, interest and principal payments, including payments into one or more sinking funds for the retirement of principal, and other requirements of any trust agreement or resolution and any additional amounts which must be realized in order to meet the requirements of any rate covenant imposed by any resolution or trust agreement authorizing and securing bonds, notes or other evidences of indebtedness. The agency may pledge its rates, rents and other revenues, or any part of them, as security for the repayment, with interest and redemption premiums, if any, of any money borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owed by it under any contract.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 2: ESTABLISHMENT AND ORGANIZATION › 35-A §4137. Powers of municipalities and cooperatives

§4137. Powers of municipalities and cooperatives
By resolution of its governing body, a municipality or cooperative may:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Director.
Appoint a director to the board in accordance with section 4131;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Contracts.
Contract with the agency for the generation, manufacture, purchase, sale, exchange, distribution or transmission of electricity and other services on such terms and for such period of time as the resolution may provide;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Appropriation.
Appropriate or provide revenues and other money derived by them from their electric departments or systems or, in the case of those municipalities having combined electric, water, sewer and other utility systems, the revenues derived from such combined systems under any contract with the agency; and
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Other contracts.
Make and execute all contracts, agreements and other instruments, and perform all acts necessary and convenient or desirable to carry out the purposes of this chapter or the powers expressly granted or necessarily implied in this chapter.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 2: ESTABLISHMENT AND ORGANIZATION › 35-A §4138. Construction contracts

§4138. Construction contracts
The agency may contract for the planning, acquisition, construction, operation, maintenance, repair, extension and improvement of any project or may contract with other public or private owners of any project to perform these functions without preparing final plans and specifications in advance of construction or securing performance and payment bonds, except to the extent that the directors determine that these actions are desirable in furtherance of the purposes of this chapter. Except as otherwise provided by this section, no contract may be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. The agency shall adopt a procedure for awarding contracts relating to a project 50% or more of which is owned by the agency, which procedure may not be inconsistent with that of the State established in Title 5, chapters 153 and 155.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 3: FORM AND NATURE OF BONDS AND NOTES › 35-A §4152. Presumption of validity

§4152. Presumption of validity
After issuance, all bonds or notes of the agency shall be conclusively presumed to be fully authorized and issued under the laws of the State and any person or governmental unit shall be stopped from questioning their authorization, sale, issuance, execution or delivery by the agency.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 3: FORM AND NATURE OF BONDS AND NOTES › 35-A §4153. Federal insurance of guaranty; taxable bond option

§4153. Federal insurance of guaranty; taxable bond option
1.  Agency authorization.
The agency may obtain from any department or agency of the United States or nongovernmental insurer any insurance or guaranty, to the extent available as to, of, or for, the payment or repayment of, interest or principal, or both, or any part of interest or principal, on any bonds, notes or other evidences of indebtedness issued by the agency, or on any municipal obligations of governmental units or cooperatives purchased or held by the agency, pursuant to this chapter; and notwithstanding any other provision of this chapter, enter into any agreement or contract with respect to any insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the agency to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the agency.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Interest.
The agency may covenant and consent that the interest on certain of its bonds shall be includable under the United States Internal Revenue Code of 1954 or any subsequent corresponding internal revenue law of the United States, in the gross income of the holders of the bonds to the same extent and in the same manner that the interest on bills, bonds, notes or other obligations of the United States is includable in the gross income of the holders of them under the United States Internal Revenue Code or any subsequent law. Nothing contained in this chapter may be construed to covenant or consent or to authorize any covenant or consent to the application of any other provision of any other laws, federal or state, to the agency or its bonds or notes to the elimination or modification in any way of any other exemption, privilege or immunity of them, except to the extent that may be required to undertake projects outside of the State.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 3: FORM AND NATURE OF BONDS AND NOTES › 35-A §4154. Refunding obligations; issuance

§4154. Refunding obligations; issuance
The agency may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which have been issued under this chapter, including the payment of any cost of issuance of them, if any, redemption premium on them and any interest accrued or to accrue to the date of redemption of these obligations and for any corporate purpose of the agency. The issuance of the obligations, the maturities, and other details pertaining to them, the rights of their holders and the rights, duties and obligations of the agency in respect to them shall be governed by this chapter which relate to the issuance of obligations, insofar as those provisions may be appropriate.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 3: FORM AND NATURE OF BONDS AND NOTES › 35-A §4155. Refunding obligations; sale

§4155. Refunding obligations; sale
Refunding obligations issued as provided in section 4154 may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds from them may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of those outstanding obligations. Pending the application of the proceeds of any refunding obligations, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of these refunding obligations or in the trust agreement securing them, to the payment of any interest on refunding obligations to be refunded or the trust agreement securing and any expenses in connection with refunding, such proceeds may be invested as specified in the resolution authorizing the obligations and any expenses in connection with refunding, such proceeds may be invested as specified in the resolution authorizing the obligations to be refunded or the trust agreement securing them. These investments shall mature or shall be subject to redemption by their holders, at the option of the holders, not later than the respective dates when the proceeds, together with the interest accruing on them, will be required for the purposes intended.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 3: FORM AND NATURE OF BONDS AND NOTES › 35-A §4157. Credit of State and members of agency not pledged

§4157. Credit of State and members of agency not pledged
Obligations issued under this chapter are not deemed to constitute a debt, liability or obligation of the State, any political subdivision other than the agency or any municipality or cooperative, nor may they be deemed to constitute a pledge of the faith and credit of the State, any political subdivision or any municipality or cooperative, but are payable solely from the revenues or assets of the agency. Each obligation issued by the agency shall contain on its face a statement to the effect that the agency is not obligated to pay the obligation or the interest on it, except from the revenues or assets pledged or otherwise available for those purposes and that neither the faith and credit nor the taxing power of the State, any political subdivision other than the agency or any municipality or cooperative is pledged to the payment of the principal of or the interest of these obligations.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 3: FORM AND NATURE OF BONDS AND NOTES › 35-A §4158. Notes and bonds as legal investment

§4158. Notes and bonds as legal investment
The State and all public officers, governmental units and agencies of the State, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, all credit unions and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, money or other funds belonging to them or within their control in any bonds, notes or other evidences of indebtedness issued under this chapter, and the bonds, notes or other evidences of indebtedness are authorized security for any public deposits.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 3: FORM AND NATURE OF BONDS AND NOTES › 35-A §4159. No impairment of obligation

§4159. No impairment of obligation
The State pledges to and agrees with the holders of the bonds, notes and other evidences of indebtedness issued under this chapter that the State will not limit or restrict the rights vested in the agency to perform its obligations and to fulfill the terms of any agreement made with the holders of its bonds or notes. The State will not impair the rights and remedies of the holders until the bonds, notes and other evidences of indebtedness together with interest on them, and interest on any unpaid installments of interest, are fully met, paid and discharged. The agency may execute this pledge and agreement of the State in any agreement with the holders of the bonds, notes or other evidences of indebtedness.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 4: MISCELLANEOUS PROVISIONS › 35-A §4171. Annual reports; audit

§4171. Annual reports; audit
On or before 90 days after the end of each fiscal year, the agency shall submit a report of its activities for the preceding fiscal year to the Governor, the commission and the Legislature. Each report shall set forth a complete operating and financial statement covering its operations during the year, and shall contain a full and complete statement of the agency's anticipated budget and operations for the ensuing year. The agency shall cause an audit of its books and accounts to be made at least once in each fiscal year by certified public accountants. The cost shall be considered an expense of the agency and copies shall be filed with the Treasurer of State.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
The State Auditor and the State Auditor's authorized representatives may at any time examine the accounts and books of the agency, including its receipts, disbursements, contracts, sinking funds, investments and any other matters relating to its financial statements.   [RR 2021, c. 1, Pt. B, §425 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF). RR 2021, c. 1, Pt. B, §425 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 4: MISCELLANEOUS PROVISIONS › 35-A §4172. State services

§4172. State services
All offices, departments, boards, agencies, divisions and commissions of the State may render any services to the agency as may be within the area of their respective governmental functions as fixed or established by law and as may be requested by the agency shall, at the request of the officer, department, board, agency, division or commission rendering the services, be met and provided for by the agency.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 4: MISCELLANEOUS PROVISIONS › 35-A §4173. Jurisdiction of Public Utilities Commission

§4173. Jurisdiction of Public Utilities Commission
The agency is subject to the jurisdiction of the commission in the same manner as any other public utility; provided that, with respect to the approval of securities to be issued to finance the costs of a project or an interest in a project by the agency, upon the request of the agency, the commission shall approve, at one time, bonds which are sufficient to finance the agency's entire costs of the project even if the bonds are to be issued in series from time to time and even though the exact amount of the cost has not been finally determined and the approval may be of an undetermined or indefinite amount; as long as the project has been approved by the commission pursuant to section 3132 and provided that, with respect to the fixing of rates to be charged by the agency for electricity and other services, where the acquisition or construction of a project or any interest in a project is to be financed by the issuance of securities under this chapter secured by a pledge of revenues derived from contracts for the sale of power and energy, transmission and related services and such contracts as proposed provide for rate and charges to be set by a formula or formulas based upon costs incurred or to be incurred in connection with the financing and operation of the project, which may include reasonable reserves for the costs, if the commission determines that the formula and formulas are reasonably related to the costs, the commission shall issue an order approving the formula or formulas and no further approval by the commission of the rates and charges determined pursuant to the contracts shall be required.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 4: MISCELLANEOUS PROVISIONS › 35-A §4174. Environmental regulation

§4174. Environmental regulation
The agency is subject to the jurisdiction of the Department of Environmental Protection and the Maine Land Use Planning Commission in the same manner as any other public utility.   [PL 1987, c. 141, Pt. A, §6 (NEW); PL 2011, c. 682, §38 (REV).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 855, §§1,2 (AFF). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 4: MISCELLANEOUS PROVISIONS › 35-A §4175. Liberal construction

§4175. Liberal construction
Neither this chapter nor anything contained in this chapter is a restriction or limitation upon any powers which the agency might otherwise have under any laws of the State and this chapter is cumulative to any such powers. This chapter provides a complete, additional and alternative method for doing acts authorized by it and shall be regarded as supplemental and additional to powers conferred by other laws.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 622, §S36 (RP). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 41: MAINE MUNICIPAL AND RURAL ELECTRIFICATION COOPERATIVE AGENCY ACT › Subchapter 4: MISCELLANEOUS PROVISIONS › 35-A §4176. Inconsistent provisions of other laws superseded

§4176. Inconsistent provisions of other laws superseded
Insofar as the provisions of this chapter are inconsistent with the provisions of any special act or any charter of any participating municipality, this chapter is controlling.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 622, §S36 (RP). PL 1991, c. 855, §§1,2 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 1: CONSTRUCTION › 35-A §4301. Findings and purpose

§4301. Findings and purpose
1.  Investment in nuclear power plants.
The Legislature finds that construction of a nuclear power plant is a major financial investment, which will have consequences for consumers for years to come.
[PL 2015, c. 165, §1 (AMD).]
2.  Costs.
The Legislature finds that there are many uncertain future costs associated with nuclear power plants, including the costs of low-level and high-level waste disposal, decommissioning and long-term care. These costs will be borne by the consumers and reductions in these costs will serve to benefit consumers.
[PL 2001, c. 629, §1 (AMD).]
3.  Citizen participation.
The purpose of this subchapter is to provide for citizen participation in any decision to construct a nuclear power plant within the State.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A94 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2001, c. 629, §1 (AMD). PL 2015, c. 165, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 1: CONSTRUCTION › 35-A §4302. Referendum

§4302. Referendum
1.  Question submitted to voters.
Prior to the construction of any nuclear power plant within the State, the question of approving that construction must be submitted to the voters of the State in the manner prescribed by law for holding a statewide election. This question must be submitted to the legal voters of the State at the next following statewide election. The municipal officers and plantation assessors of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, to vote on the acceptance or rejection of construction by voting on the following question:
"Do you approve construction of the nuclear power plant proposed for (insert locations)?"
[PL 1999, c. 398, Pt. A, §95 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Manner of voting and counting ballots.
The legal voters of each city, town and plantation shall vote by ballot on this question and shall designate their choice by a cross or check mark placed within a corresponding square below the words "Yes" or "No." The ballots shall be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the return and, if it appears that a majority of the legal voters are in favor of construction, the Governor shall proclaim that fact without delay.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Preparation of ballots.
The Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this subchapter necessary to carry out the purpose of this referendum.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A95 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 1: CONSTRUCTION › 35-A §4303. Notice; effective date of certificate; prohibition

§4303. Notice; effective date of certificate; prohibition
Construction may not commence on a nuclear power plant without approval by the voters, as prescribed in section 4302.   [PL 1999, c. 398, Pt. A, §96 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A96 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 2: EMISSIONS AND SAFETY REPORTING › 35-A §4331. Purpose (REPEALED)

§4331. Purpose
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C10 (AMD). PL 2005, c. 254, §A1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 2: EMISSIONS AND SAFETY REPORTING › 35-A §4332. Notice of emissions to the Commissioner of Health and Human Services (REPEALED)

§4332. Notice of emissions to the Commissioner of Health and Human Services
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 689, §§1,2 (AMD). PL 2001, c. 614, §1 (AMD). PL 2003, c. 689, §B7 (REV). PL 2005, c. 254, §A1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 2: EMISSIONS AND SAFETY REPORTING › 35-A §4333. Reports by the Commissioner of Health and Human Services (REPEALED)

§4333. Reports by the Commissioner of Health and Human Services
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2003, c. 689, §B7 (REV). PL 2005, c. 254, §A1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 2: EMISSIONS AND SAFETY REPORTING › 35-A §4334. Safety reporting; penalty (REPEALED)

§4334. Safety reporting; penalty
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 370, §8 (AMD). PL 2005, c. 254, §A1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 3: DECOMMISSIONING › 35-A §4351. Short title; findings

§4351. Short title; findings
This subchapter shall be known and may be cited as the "Nuclear Decommissioning Financing Act."   [PL 1987, c. 141, Pt. A, §6 (NEW).]
The Legislature has made the following findings.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Proper decommissioning is essential.
The Legislature finds that timely proper decommissioning of any nuclear power plant beginning at the time of its closing is essential to protect public health, safety and the environment and that the cost of decommissioning will be significant.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Collection of funds to pay for decommissioning costs.
To ensure that the customers who received the benefits of these facilities pay for these decommissioning costs, the Legislature finds that it is prudent for the State to require the licensee operating a nuclear power plant in the State to collect sufficient funds during the remaining useful life of the plant to pay for these costs.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Trust fund.
The Legislature finds that the best way to ensure that the funds collected will be available when they are needed for decommissioning is to require that the funds be placed in a separate trust fund for each plant and invested by a trustee until they are needed for decommissioning.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Decommissioning fund committee.
The Legislature finds that it is in the public interest to have a decommissioning fund committee responsible for the prudent management of the trust fund. That committee may be established by the licensee, with Public Utilities Commission approval, or publicly established, but in either case would be subject to the requirements of this subchapter.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Taxes.
The Legislature finds that funds set aside for decommissioning protect the people of the State and thus serve an essential governmental function, that payment of taxes on these funds would be an unreasonable and inappropriate burden on the ratepayers and that the income earned by the fund should be tax exempt and payments made to the fund by the licensee should be tax deductible.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
6.  Premature closing of plant.
The Legislature finds that assurance is needed that funds will be available for the cost of decommissioning which would occur if a nuclear power plant is prematurely closed.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 3: DECOMMISSIONING › 35-A §4356. Responsibility for decommissioning

§4356. Responsibility for decommissioning
1.  Decommissioning trust fund.
In the first instance, the cost of decommissioning shall be paid from the decommissioning trust fund established for the plant being decommissioned.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Licensee responsible.
If the assets of the decommissioning trust fund are insufficient to pay for the cost of decommissioning, the licensee shall be responsible for the additional cost.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Insufficient assets.
If the assets of the licensee are insufficient to cover the remaining cost of decommissioning after the decommissioning trust fund is exhausted, the owners are jointly and severally liable for the safe and proper decommissioning of that nuclear power plant. If, under this subsection, any in-state owner pays decommissioning expenses in excess of its ownership share in the plant, that owner shall have a cause of action to recover that excess from the other owners. The Department of the Attorney General shall assist in bringing such an action.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  State not financially responsible; protective action.
The State shall have no financial responsibility for decommissioning. If the Governor finds that, because of inadequate action by the responsible parties in carrying out decommissioning, protective action is reasonably required to protect the public health and safety, the State may undertake that action. In that case, the Department of the Attorney General shall bring action against the fund, the licensee and the owners to recover the cost of that protective action. Expenses incurred by the Department of the Attorney General in bringing that action shall be paid from the decommissioning trust fund.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Additional expense in rates.
The commission shall include, as an allowable operating expense, in calculation of authorized rates, additional decommissioning funds actually supplied by an electric utility in the State, to the extent these are just and reasonable.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 3: DECOMMISSIONING › 35-A §4357. Procedure, liability and penalties incorporated by reference; construction

§4357. Procedure, liability and penalties incorporated by reference; construction
To the extent that they are not in conflict with this chapter, chapters 13 and 15 apply to this chapter. This subchapter shall be construed liberally in order to achieve the purposes stated in this chapter.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 3: DECOMMISSIONING › 35-A §4358. Cost of review

§4358. Cost of review
The licensee shall submit to the commission, with the initial filing or upon a subsequent formal review of a decommissioning financing plan under this subchapter, a filing fee as determined by the commission, but not to exceed $115,000, in order to assist in covering the cost of review by the commission. Within one year after establishment of a decommissioning fund under this subchapter, the licensee may recover the licensing fee from the fund. Money received from the filing fee must be segregated, apportioned and expended by the commission for the purposes stated in this section, with a report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Any unexpended funds from the filing fee must be transferred to the decommissioning trust fund after approval of the plan.   [PL 2021, c. 318, §14 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2021, c. 318, §14 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 3: DECOMMISSIONING › 35-A §4359. Enforcement

§4359. Enforcement
All provisions of this subchapter shall be enforced by the Department of the Attorney General, with the cost of enforcement paid from the decommissioning trust fund.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).