reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5101-C. Preservation of financial viability of Casco Bay Island Transit District

§5101-C. Preservation of financial viability of Casco Bay Island Transit District
In reviewing an application for a certificate of public convenience and necessity for the provision of scheduled passenger, freight or vehicle transportation service under section 5101, the commission shall consider the cumulative impact of each application in conjunction with any other certificates previously granted for ferry services in Casco Bay. The commission may not grant a certificate for scheduled passenger, freight or vehicle transportation service that is likely to have a significant adverse impact on the rates that must be charged by the Casco Bay Island Transit District, the capability of the district to sell or repay bonds, the short-term or long-term financial viability of the district, or the ability of the district to retain a reasonable level of cross-subsidization, taking into consideration the full range of services provided by the district and the requirement that the district provide and maintain reasonable and adequate service, rates and schedules to the islands of Casco Bay as required by section 5103.   [PL 1991, c. 774, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 774, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5101-E. Unscheduled tours, charters and water taxi services

§5101-E. Unscheduled tours, charters and water taxi services
The commission shall adopt rules governing unscheduled tours, charters and water taxi services.   [PL 1991, c. 774, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 774, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5101-F. Exemptions

§5101-F. Exemptions
Sections 5101‑A to 5101‑D do not apply to the operations of any ferry service to the extent that those operations involve service to Chebeague Island and to none of the other islands served by the Casco Bay Island Transit District.   [PL 1991, c. 774, §2 (NEW).]
The Chebeague Transportation Company is not required to seek or hold a certificate of public convenience and necessity under section 5101 for ferry service between Chebeague Island and the mainland of Cumberland County north of Tukeys Bridge.   [PL 1991, c. 774, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 774, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5102. Application of this Title

§5102. Application of this Title
1.  Authority over ferries.
All ferries are subject to this Title and to the orders and rules adopted and promulgated by the commission under the authority of this Title, provided that ferries are not subject to the jurisdiction of the commission with respect to safety.
[PL 1987, c. 475, §2 (NEW).]
2.  Emergency.
Persons providing emergency transportation, including transportation relating to emergency planning activities, under this Title are not public utilities subject to the jurisdiction of the commission.
[PL 1991, c. 774, §3 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (AMD). PL 1991, c. 774, §3 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5103. Service, rates and schedules

§5103. Service, rates and schedules
All ferries shall maintain reasonable and adequate service, rates and schedules to the islands of Casco Bay as set out in section 5101 under rules promulgated by the commission.   [PL 1987, c. 475, §2 (AMD).]
1.  Rates.
[PL 1987, c. 475, §2 (RP).]
2.  Schedules.
The commission, when promulgating rules as to schedules, shall take into consideration the daily year-round service needs of the inhabitants of the islands of Casco Bay as set out in section 5101.
[PL 1987, c. 475, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5104. Exceptions for ferries carrying commodities in bulk

§5104. Exceptions for ferries carrying commodities in bulk
Nothing in this Part applies to the transportation of commodities in bulk. This exception applies only in case of commodities in bulk which are loaded and carried without wrappers or containers and received and delivered without transportation mark or count, except that carriers of petroleum fuels in bulk may also transport other products and accessories integral to the operation of motor vehicles and boats when they are included as part of the bulk shipment. The transportation of a commodity in motor vehicles, whether commercial or privately owned, upon a vessel may not be construed as a bulk movement of those commodities.   [PL 1987, c. 475, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5105. Medical emergency

§5105. Medical emergency
In the case of a medical emergency, transportation may be obtained from any person.   [PL 1987, c. 475, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5106. Temporary certificate of public convenience and necessity

§5106. Temporary certificate of public convenience and necessity
Subject to the provisions of this chapter, the commission may issue a temporary certificate of public convenience and necessity to authorize other persons to provide services to the islands of Casco Bay as set out in section 5101, when persons authorized under section 5101 are unable to provide a needed service. The commission may attach reasonable terms, conditions and limitations to the temporary certificates.   [PL 1987, c. 475, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5107. Violation of this chapter; penalty

§5107. Violation of this chapter; penalty
1.  Offense.
Whoever violates this chapter is guilty of unlawfully operating a ferry in Casco Bay.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Penalty.
Unlawful operation of a ferry in Casco Bay is a Class E crime.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Civil remedy.
In addition to any other remedy provided in this chapter for the enforcement of this chapter or any rule, order or decision of the commission issued with relation to the operation of a ferry covered by this chapter, the Superior Court has jurisdiction upon complaint filed by the commission or the Casco Bay Island Transit District to enjoin a person from committing an act prohibited by this chapter or prohibited by a rule, order or decision of the commission in relation to the operation of transportation facilities in Casco Bay. It is the intention of the Legislature that the commission or the Casco Bay Island Transit District may seek an injunction under this section without first resorting to another form of administrative proceedings or court procedures as a condition precedent to the granting of the injunction.
[PL 1987, c. 475, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5108. Radar requirements on vessels operating in Casco Bay (REPEALED)

§5108. Radar requirements on vessels operating in Casco Bay
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5109. Standards; promulgation; enforcement (REPEALED)

§5109. Standards; promulgation; enforcement
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5110. Lapse of unused certificates

§5110. Lapse of unused certificates
Any certificate issued pursuant to this chapter that has not been used by the holder during the 2-year period prior to the effective date of this section lapses on the effective date of this section. Any other certificate issued under this chapter, other than a certificate for the transportation of mail, that is not used within 2 years after the date of its issuance lapses 2 years after the date of its issuance. Any certificate issued prior to the effective date of this section for the transportation of mail that is not used within 5 years of the date of issuance lapses 5 years after the date of its issuance.   [PL 1991, c. 774, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 774, §4 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5111. Repeal; report (REPEALED)

§5111. Repeal; report
(REPEALED)
SECTION HISTORY
PL 1991, c. 774, §4 (NEW). PL 1993, c. 589, §8 (AMD). PL 1995, c. 559, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6101. Definitions

§6101. Definitions
As used in this Part, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Governing body.
[PL 1987, c. 490, Pt. B, §10 (RP).]
1-A.  Consumer-owned water utility.
"Consumer-owned water utility" means any water utility which is wholly owned by its consumers, including its consumers served in the State. "Consumer-owned water utility" includes but is not limited to:
A. Any municipal or quasi-municipal water district or corporation located in the State;   [PL 2019, c. 311, §3 (NEW).]
B. Any municipal water department located in the State; or   [PL 2019, c. 311, §3 (NEW).]
C. The water portion of any utility wholly owned by a municipality or district located in the State.   [PL 2019, c. 311, §3 (NEW).]
[PL 2019, c. 311, §3 (RPR).]
1-B.  Governing body.
"Governing body" means the governing body of a consumer-owned water utility.
[PL 1987, c. 490, Pt. B, §11 (NEW).]
2.  Service line.
"Service line" means the pipeline, including the meter and other appurtenances, extending from a water main to the building or other premises served.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Water district.
"Water district" means any district, including any multipurpose district, created by the private and special laws of the State to perform the functions of a water utility.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Water main extension.
"Water main extension" means an extension of the pipeline, including associated appurtenances, from an existing water main to serve a previously unserved location or a location served by a seasonal main.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §§B10,B11 (AMD). PL 2019, c. 311, §3 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6102. Filing with the commission plans for construction or improvements of water systems

§6102. Filing with the commission plans for construction or improvements of water systems
1.  General requirements.
Any water utility, before commencing construction of a new water system or a major addition to or alteration of an existing water system, shall file with the commission, in accordance with the commission's rules, plans and specifications for the construction, addition or alteration in order to obtain the advice of the commission as to cost, method of financing and adherence to proper engineering standards. If the water utility, in whole or in part in consequence of the requirements of the federal Safe Drinking Water Act, 42 United States Code, Sections 300f to 300j-11, will incur expenses in the construction, addition or alteration that are likely to result in increases in rates, tolls or charges totaling more than 50% of the utility's annual operating revenues, the utility shall publish in a newspaper of general circulation in the service territory of the water utility a notice to customers that information regarding the construction, addition or alteration is available for public review at a location and in a manner that is convenient to the water utility's ratepayers and provide to each of the water utility's customers a direct written notice of the availability of that information.
[PL 2001, c. 488, §1 (AMD).]
2.  Certain construction or improvements; additional requirements.
[PL 2001, c. 488, §2 (RP).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 52, §1 (RPR). PL 1993, c. 91, §9 (AMD). PL 2001, c. 488, §§1,2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6102-A. Rate-adjustment mechanism for water utilities

§6102-A. Rate-adjustment mechanism for water utilities
1.  Rate-adjustment mechanism.
Notwithstanding any provision of law to the contrary, the commission may establish or authorize a reasonable rate-adjustment mechanism to decouple water utility revenues from water utility sales through revenue reconciliation when changes in sales are due to a change in the number of customers or a change in the volume of consumption. In determining the reasonableness of any such rate-adjustment mechanism, the commission shall apply the standards of section 301 and shall consider the transfer of risks associated with any such changes in sales and, to the extent these risks are transferred between the utility and its customers, the commission shall consider the effect of the transfer of risk in determining a utility's allowed rate of return.
[PL 2015, c. 115, §1 (NEW).]
2.  Report.
The commission, as part of its annual report pursuant to section 120, shall list rate adjustments that have been requested and those that have been granted.
[PL 2015, c. 115, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 115, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6103. Authority for taxation under default

§6103. Authority for taxation under default
1.  Issuance of a warrant.
If there is a default in the payment of the principal of, or interest on, a note, bond or other evidence of indebtedness issued by a water district created by special Act of the Legislature, the trustees, directors or managing board of the district shall, unless the default is cured, issue their warrant immediately to those portions of the municipality or municipalities which constitute the district.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Form of warrant.
The form of the warrant shall be reasonably similar to the warrant used by the Treasurer of State for real estate taxes.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Assessment and collection of taxes.
In the warrant for payment of the sum, the assessors in each municipality shall assess the sum allocated to the municipality or portion of the municipality upon the taxable estates within the municipality or portion of the municipality and shall commit their assessment to the constable or collector of the municipality, who shall have all authority, powers and duty to collect the taxes as is vested by law to collect state, county and municipal taxes.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Allocation if district is composed of more than one municipality.
If the district is composed of more than one municipality or portion of a municipality, the trustees shall make the allocation on a basis resulting in a uniform rate applied to 100% of the state valuation on all taxable property within the water district.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Treasurer to pay tax within 30 days.
Within 30 days after the date fixed by the municipalities on which their taxes are due, the treasurer of the municipality shall pay the tax assessed to the treasurer of the district.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
6.  Section not effective until approved by municipality.
This section may not take effect until it or former Title 35, section 3211, has been approved at a regular or special meeting by a majority of the legislative body of the municipality or municipalities which constitute the district. The appropriate municipal official shall declare the action of the legislative body, file a certificate of it with the Secretary of State and with the clerk of the district.
[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 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6106. Apportionment of costs for water main extensions or service lines

§6106. Apportionment of costs for water main extensions or service lines
1.  Investment.
The governing body of a consumer-owned water utility may choose to make no investment in a water main extension or service line and may require persons requesting a water main extension or service line to advance to the utility the full cost of construction, including associated appurtenances required solely as a result of the construction of the water main extension or service line and used solely for the operation of the main extension or service line. Apportionment of the costs among customers shall be determined by the commission by rule.
[PL 1987, c. 490, Pt. B, §15 (AMD).]
2.  Assessments.
The governing body may assess the full cost of water main extensions on all property that abuts the water main in accordance with rules promulgated by the governing body. The owner of any property which is not hooked up to the water system may defer payment of the assessment until it is hooked up. The governing body by rule may exempt appropriate classes of property from the assessment and may provide for payment of an assessment over a period of time.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Review by elected local officials.
If the governing body is not an elected body, any decision to make no investment under subsection 1 or to assess under subsection 2 must first be endorsed by the municipal officers of the municipality or municipalities involved, prior to filing with the commission.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Notice to commission.
A consumer-owned water utility that chooses to make no investment in water main extensions or service lines under subsection 1 shall notify the commission in writing of the effective date of the decision and shall include the minutes or other record of the decision, including any endorsement required by subsection 3.
[PL 1989, c. 159, §9 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §B15 (AMD). PL 1989, c. 159, §9 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6107. System development charge

§6107. System development charge
1.  System development charge authorized.
In addition to section 6105, the governing body of a consumer-owned water utility may establish and file, pursuant to section 310 or 6104, a system development charge which is just and reasonable to provide funds to finance capital outlays for water system expansion caused by an increase in demand for service.
[PL 1987, c. 490, Pt. B, §16 (AMD).]
2.  Commission review.
If a consumer-owned water utility elects to institute a system development charge, it shall file the proposed charge and a description of the basis of the charge with the commission not less than 90 days before the effective date of the charge. The commission shall investigate the system development charge under section 1303 to determine whether it is just and reasonable.
[PL 1987, c. 490, Pt. B, §16 (AMD).]
3.  Use of funds.
The funds generated by the system development charge must be deposited into a special account of the consumer-owned water utility dedicated to finance capital outlays for water system expansion caused by an increase in demand for service. The funds from the special account may be used only for the purpose of financing the expansion of the system and may not be used for the repair or replacement of existing facilities unless the replacement is required as a result of increased demand for service. The system development charge may not be treated as income of the consumer-owned water utility nor may it be considered part of the rates established and provided to the commission pursuant to section 6105.
[PL 2013, c. 573, §3 (AMD).]
4.  Assessment of charge.
The system development charge may be assessed upon all customers of the consumer-owned water utility that require new connections to the water system, excluding fire service, as of or after the effective date of that charge and upon all existing customers who substantially expand their demand for water service as of or after the effective date of that charge.
[PL 1987, c. 490, Pt. B, §16 (AMD).]
5.  Water conservation programs.
Before a system development charge may be instituted, the consumer-owned water utility must report to the commission its efforts in implementing water conservation programs. The utility shall state what combination of system development charges and new conservation programs will allow the utility to meet growing demand in the least costly manner.
[PL 1987, c. 490, Pt. B, §16 (AMD).]
6.  Review by elected local officials.
If the governing body is not an elected body, any system development charge proposed under this section must first be endorsed by the municipal officers of the municipality or municipalities involved, prior to filing with the commission.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §B16 (AMD). PL 2013, c. 573, §3 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6108. State contributions

§6108. State contributions
The management and allocation by a consumer-owned water utility of a state contribution of funds made prior to January 1, 1989, under Title 38, section 568, and its income, shall not be subject to investigation or review by the commissioner included under section 310, 1302 or 1303 except upon request by the Department of Environmental Protection.   [PL 1987, c. 889 (NEW).]
SECTION HISTORY
PL 1987, c. 889 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6109-A. Lease of property by consumer-owned water utility

§6109-A. Lease of property by consumer-owned water utility
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Charter" has the same meaning as set forth in section 6402, subsection 1.   [PL 2003, c. 267, §1 (NEW).]
B. "Consumer-owned water utility" has the same meaning as set forth in section 6101, subsection 1‑A.   [PL 2003, c. 267, §1 (NEW).]
[PL 2003, c. 267, §1 (NEW).]
2.  Agreements authorized.
Notwithstanding any provision to the contrary in its charter, a consumer-owned water utility may enter into a lease and leaseback transaction with respect to some or all of its real or personal property, other than land, and may take all other action necessary or desirable, including, but not limited to, the granting of mortgages and liens, to effectuate the transaction. For purposes of this subsection, "lease" includes a lease of any length, including leases that may be defined as sales for income tax purposes.
[PL 2003, c. 267, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 267, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6110. Injunctive relief for violations of municipal shoreland zoning ordinances

§6110. Injunctive relief for violations of municipal shoreland zoning ordinances
Pursuant to Title 38, section 444‑A, any water utility may commence a civil action for a violation of municipal shoreland zoning ordinances.   [PL 1989, c. 878, Pt. F, §5 (NEW).]
SECTION HISTORY
PL 1989, c. 878, §F5 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6111. Liens on multi-unit residential rental property (REPEALED)

§6111. Liens on multi-unit residential rental property
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §49 (COR). PL 1991, c. 136 (NEW). PL 1991, c. 221, §2 (NEW). PL 2005, c. 7, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6111-B. Landlord access to tenant bill payment information

§6111-B. Landlord access to tenant bill payment information
If a tenant is billed for water utility service provided to property rented by the tenant and nonpayment for the service may result in a lien against the property, the utility shall provide to the landlord or the landlord's agent, on request of the landlord or the landlord's agent, the current status of the tenant's account, including any amounts due or overdue.   [PL 2005, c. 306, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 306, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6111-C. Disconnection of water service for nonpayment of sewer services

§6111-C. Disconnection of water service for nonpayment of sewer services
Except as provided in subsection 4, this section applies to any consumer-owned water utility that is authorized to provide sewer services, notwithstanding any provision in its charter. Notwithstanding any other provision of law, in the event a user of the consumer-owned water utility's sewer system fails within a reasonable time to pay the utility's rates, fees or charges for sewer service, the utility may disconnect water service to the user, as long as the disconnection is accomplished in accordance with procedures established in applicable law or rules governing disconnection of utility services and terms and conditions approved by the commission. In order to exercise this authority, the utility must apply to the commission and the commission must approve terms and conditions consistent with the requirements of this section.   [PL 2009, c. 541, §1 (NEW).]
1.  Annual filings.
The terms and conditions under this section must include a requirement that the consumer-owned water utility annually file with the commission a report that includes:
A. The total number of each of the following over the preceding 12 months:
(1) Disconnection notices issued;
(2) Disconnections completed; and
(3) Reconnections of disconnections; and   [PL 2009, c. 541, §1 (NEW).]
B. The reason for each disconnection.   [PL 2009, c. 541, §1 (NEW).]
[PL 2009, c. 541, §1 (NEW).]
2.  Assistance program information.
The terms and conditions under this section must include a requirement that the consumer-owned water utility provide to customers to whom the utility sends disconnection notices information about available assistance programs, including programs that offer assistance in paying for sewer or water service, programs that offer assistance in paying for other utility services or in paying for heating fuel or similar assistance programs that could provide sufficient support to the customer to allow the customer to pay the utility's rates, fees or charges for sewer service.
[PL 2009, c. 541, §1 (NEW).]
3.  Limitations.
The terms and conditions under this section must prohibit:
A. A disconnection based solely on a customer’s nonpayment of a fee or charge for estimated sewer service usage; and   [PL 2009, c. 541, §1 (NEW).]
B. A disconnection of a multiunit rental facility greater than 2 units unless the owner of the facility occupies a unit that would be subject to the disconnection.   [PL 2009, c. 541, §1 (NEW).]
[PL 2009, c. 541, §1 (NEW).]
4.  Exception.
Subsection 3, paragraph B does not apply to a consumer-owned water utility that has authority pursuant to its charter to disconnect water service in the event a user of the consumer-owned water utility's sewer system fails to pay the utility's rates, fees or charges for sewer service, provided the charter provision establishing that authority was enacted prior to August 1, 2010.
[PL 2009, c. 541, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 541, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 61: GENERAL PROVISIONS AND RATES › 35-A §6112. Contingency allowance

§6112. Contingency allowance
1.  Annual contingency allowance.
A consumer-owned water utility may provide for an annual contingency allowance by including in rates the amounts as follows:
A. For a utility with total annual revenues up to $85,000, an amount up to 10% of the revenues required to operate the utility; and   [PL 2003, c. 529, §2 (NEW).]
B. For a utility with total annual revenues in excess of $85,000, an amount up to 5% of the revenues required to operate the utility.   [PL 2003, c. 529, §2 (NEW).]
[PL 2003, c. 529, §2 (AMD).]
2.  Contingency reserve fund maximum.
[PL 2003, c. 529, §2 (RP).]
3.  Use of contingency reserve fund.
[PL 2003, c. 529, §2 (RP).]
3-A.  Authorized uses; commission review.
This section does not:
A. Authorize a consumer-owned water utility to expend amounts collected pursuant to this section for any purposes other than those allowed under this Title; or   [PL 2003, c. 529, §2 (NEW).]
B. Exempt any expenditures from review by the commission in accordance with this Title.   [PL 2003, c. 529, §2 (NEW).]
[PL 2003, c. 529, §2 (NEW).]
4.  Transition.
[PL 2003, c. 529, §2 (RP).]
5.  Commission review.
If the commission determines that the consumer-owned water utility has accumulated in its unappropriated retained earnings account an amount that is inconsistent with just and reasonable rates, the commission may, pursuant to chapter 13, order the utility to reduce its rates to the appropriate level either in the form of temporary rate adjustments, credits or reduction in rates.
[PL 2003, c. 529, §2 (AMD).]
6.  Public hearing on excesses.
If a consumer-owned water utility in each of 3 consecutive years collects through rates under subsection 1 an amount, in the case of a utility with up to $85,000 total annual revenues, greater than 10% of the utility's annual operating expenses or, in the case of a utility with greater than $85,000 total annual revenues, an amount equal to or greater than 7% of the utility's total annual operating expenses, the water utility shall:
A. No later than July 1st of the calendar year following the end of the 3rd consecutive year of over-collection, notify all of its customers in writing of the over-collection and of the time and place where the utility will hold a public hearing on the matter; and   [PL 2003, c. 529, §2 (AMD).]
B. Hold a public hearing no less than 10 days and no more than 30 days after sending the notice required under paragraph A. During the hearing the water utility shall:
(1) Detail the extent of the over-collection;
(2) Provide opportunity for any customer to testify or question the officials on any matter relating to the utility's financial situation; and
(3) Explain and provide copies of the provisions of section 1302 and section 6104, subsection 7.   [PL 1991, c. 221, §2 (NEW).]
[PL 2003, c. 529, §2 (AMD).]
SECTION HISTORY
RR 1991, c. 1, §49 (RNU). PL 1991, c. 221, §2 (NEW). PL 2003, c. 529, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6301. Short title; purpose (REPEALED)

§6301. Short title; purpose
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 616, §2 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6302. Formation of districts (REPEALED)

§6302. Formation of districts
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 616, §2 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6303. Trustees (REPEALED)

§6303. Trustees
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 769, §A144 (AMD). PL 1995, c. 616, §3 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6304. Issuance of bonds and notes (REPEALED)

§6304. Issuance of bonds and notes
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C12 (AMD). PL 1995, c. 616, §4 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6305. Liens (REPEALED)

§6305. Liens
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 616, §5 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6306. Conformity with private and special laws (REPEALED)

§6306. Conformity with private and special laws
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 616, §5 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6307. Legislative amendment of charter (REPEALED)

§6307. Legislative amendment of charter
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C13 (AMD). PL 1995, c. 616, §6 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6308. Long-term indebtedness of water districts (REPEALED)

§6308. Long-term indebtedness of water districts
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 616, §7 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6309. Mutual funds (REPEALED)

§6309. Mutual funds
(REPEALED)
SECTION HISTORY
PL 1993, c. 651, §6 (NEW). PL 1995, c. 616, §8 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 63: WATER DISTRICTS › 35-A §6310. Water districts; individual financing

§6310. Water districts; individual financing
When the trustees of a water district vote to authorize bonds or notes, the estimated cost of which, singly or in the aggregate included in any one financing, is $150,000 or more adjusted, relative to 1981 as the base year according to the annual Consumer Price Index, as defined in Title 5, section 17001, subsection 9, the trustees 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 must be published at least once in a newspaper having general circulation in the water district. The trustees shall give notice to each ratepayer by mail. Notice of a rate change under section 6104 that contains the notice required by this section satisfies the notice requirements. The debt may not be incurred by the vote of the trustees until the expiration of 7 days following the date on which the notice was first published and mailed. Prior to the expiration of the 7-day period, the trustees shall call a special district meeting in order to collect testimony from the public concerning the amount of debt authorized. Except for indebtedness to fund projects specifically mandated by State Government and Federal Government, for debts in excess of the amount specified in this section, if requested by petition of not less than 50 voters of the district or 5% of the voters, whichever is greater, filed with the clerk of the water district on or before the date of the meeting, a vote of those attending the meeting must be called to approve or disapprove the amount of debt authorized. If a majority of voters present and voting disapprove of the amount of debt authorized by the trustees, the debt may not be incurred and the vote of the trustees authorizing the debt is void.   [PL 1995, c. 616, §9 (NEW).]
This section applies to water districts formed on or after January 1, 1982, except that this section does not apply to any standard district created pursuant to chapter 64 whose debt limit is subject to voter approval as provided in section 6413.   [PL 1995, c. 616, §9 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §9 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6401. Purpose; scope and application; commission authority

§6401. Purpose; scope and application; commission authority
1.  Purpose.
The purpose of this chapter, which may be known and cited as the "Standard Water District Enabling Act," is to promote consistency among the powers and authorities of water districts in this State. The intent of this chapter is to suggest standard provisions that a district formed after January 1, 1997 may consider including in its charter. Except as specifically provided in subsection 2, in recognition of the unique nature of each water district, its customers and its priorities, the suggested provisions are specifically not intended to be mandatory in nature and are not intended to apply to districts formed prior to January 1, 1997.
[PL 1995, c. 616, §10 (NEW).]
2.  Scope and application.
The provisions of this chapter apply as follows.
A. The following provisions apply to all water districts, regardless of when chartered, and any portion of a water district charter that is contrary to the provisions is void and of no effect:
(1) Section 6410, subsection 7;
(2) Section 6410, subsection 8;
(3) Section 6413‑A; and
(4) Section 6414‑A.   [PL 2003, c. 147, §1 (AMD).]
B. The following provisions apply to all water districts formed on or after January 1, 1982:
(1) Subsection 3;
(2) Section 6410, subsection 5; and
(3) Section 6416.   [PL 1995, c. 616, §10 (NEW).]
C. Except as provided in paragraphs A and B or in subsection 3 or by charter or other provision of law, the provisions of this chapter do not apply to districts formed prior to January 1, 1997.   [PL 1995, c. 616, §10 (NEW).]
[PL 2003, c. 147, §1 (AMD).]
3.  Water districts; commission authority.
Notwithstanding any terms, conditions or limitations, either expressed or implied, in a special Act of the Legislature under which a district is organized or in any special Act of the Legislature under which a district is franchised, the commission may establish reasonable terms upon which water districts shall extinguish their long-term indebtedness. This subsection does not authorize the commission to alter the terms of any existing obligations of a water district.
[PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW). PL 2003, c. 147, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6402. Definitions

§6402. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1995, c. 616, §10 (NEW).]
1.  Charter.
"Charter" means a private and special law or a series of private and special laws that establishes a water district and defines its responsibilities and authority.
[PL 1995, c. 616, §10 (NEW).]
2.  Standard district.
"Standard district" means a water district that is a quasi-municipal corporation constituted for the purpose of supplying persons of the standard district with potable water for domestic, sanitary, commercial, industrial, agricultural and municipal purposes, and that is formed and chartered pursuant to this chapter.
[PL 1995, c. 616, §10 (NEW).]
3.  Water district.
"Water district" has the same meaning as defined in section 6101, subsection 3 and includes, but is not limited to, standard districts.
[PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6403. Procedures; legal effect

§6403. Procedures; legal effect
1.  Mandatory provisions.
A standard district charter must include the following, which are not specified in this chapter:
A. The corporate name of the standard district;   [PL 1995, c. 616, §10 (NEW).]
B. The territorial limits of the standard district;   [PL 1995, c. 616, §10 (NEW).]
C. The number of trustees of the standard district, which may not be less than 3;   [PL 1995, c. 616, §10 (NEW).]
D. The appointing authority responsible for appointing or the method of electing the first board of trustees;   [PL 1995, c. 616, §10 (NEW).]
E. The terms of the trustees who are elected or appointed subsequent to the first board. Terms may not be longer than 3 years. Terms of the first board are determined pursuant to section 6410, subsection 4;   [PL 1995, c. 616, §10 (NEW).]
F. Whether the trustees, subsequent to the first board, are appointed or elected. Reference must be made to the appropriate subsections of section 6410; and   [PL 1995, c. 616, §10 (NEW).]
G. The procedures for a local referendum on the creation of a standard district.   [PL 1995, c. 616, §10 (NEW).]
[PL 1995, c. 616, §10 (NEW).]
2.  Optional provisions.
A standard district charter may include provisions relating to the following:
A. Special qualifications of trustees;   [PL 1995, c. 616, §10 (NEW).]
B. Election of trustees by other than at large elections as provided in section 6410, subsection 1. Any provision for election of trustees by other than at large elections must establish voting districts in conformance with the judicial principle of one person, one vote;   [PL 1995, c. 616, §10 (NEW).]
C. Additional purposes and powers of the standard district, such as authority to buy out an existing water company or to provide sewerage or other utility services;   [PL 1995, c. 616, §10 (NEW).]
D. Areas outside the standard district's territory in which the standard district is authorized to take water;   [PL 1995, c. 616, §10 (NEW).]
E. Notwithstanding section 6413, a specific debt limit;   [PL 1995, c. 616, §10 (NEW).]
F. Areas outside the standard district's territory in which the district is authorized to locate facilities;   [PL 1995, c. 616, §10 (NEW).]
G. Towns with which the standard district is authorized to contract to supply water; and   [PL 1995, c. 616, §10 (NEW).]
H. Any other powers or duties necessary to the accomplishment of legislative purposes for creating the standard district.   [PL 1995, c. 616, §10 (NEW).]
[PL 1995, c. 616, §10 (NEW).]
3.  Guidelines for modified standard charters.
As determined appropriate by the Legislature, a standard district charter may include provisions that differ from those set forth in this chapter.
[PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6404. Standard districts; powers

§6404. Standard districts; powers
Except as otherwise provided by law, for the purposes of its incorporation, a standard district may take water from any source within the territory of the district. A standard district may also, for the purposes of its incorporation, locate, construct and maintain pipes, dams, wells, reservoirs, pumping stations, treatment plants and other necessary structures and equipment and take any action necessary to furnish water for those purposes and for the public health, safety, comfort and convenience of the inhabitants and others of the district. A standard district may contract to accomplish any and all of the foregoing things.   [PL 1995, c. 616, §10 (NEW).]
All incidental powers, rights and privileges necessary to the accomplishment of the objectives set forth in this chapter are granted to a standard district.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6405. Standard districts; authorized to lay mains, pipes, conduits and other water conveyances through public ways and across private lands

§6405. Standard districts; authorized to lay mains, pipes, conduits and other water conveyances through public ways and across private lands
Except as otherwise provided by law and to the extent necessary for the purposes of its incorporation, a standard district may lay, maintain, repair and replace pipes, mains and other fixtures and appurtenances in, along and through the streets, roads, ways, highways, bridges, tidal waters, lakes, ponds, rivers and water courses in the district and across private lands in the district. When a standard district lays, maintains, repairs or replaces any fixtures or appurtenances in any street, road, way or highway, it shall do so with as little obstruction as practicable to public travel. At its own expense and without unnecessary delay, a standard district shall replace in proper condition the earth and pavement removed by it.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6406. Standard districts; authorized to erect dams and reservoirs, cross navigable waters, supply water to utilities

§6406. Standard districts; authorized to erect dams and reservoirs, cross navigable waters, supply water to utilities
A standard district, for the purposes of its incorporation, may erect and maintain dams, reservoirs and structures. In accordance with applicable state and federal law, a standard district may lay, construct and maintain its pipes and fixtures in, over and under navigable waters and build and maintain structures for the pipes and fixtures. Subject to the consent of the commission, a standard district may supply water to any other water utility for purposes of resale.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6407. Standard districts; procedure if public utility must be crossed

§6407. Standard districts; procedure if public utility must be crossed
If a standard district, in constructing, maintaining or replacing any of its facilities, must cross any property of another public utility, the standard district must obtain the consent of the other public utility and undertake the work in accordance with conditions established by agreement. If, within 30 days after requesting consent, the standard district fails to reach an agreement with the public utility, the district may petition the commission to determine the time, place and manner of the crossing. All work done on the property of the public utility must be done under the supervision and to the satisfaction of the public utility or as prescribed by the commission. All work must be done at the expense of the standard district.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).