reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36: COMMUNITY-BASED RENEWABLE ENERGY › 35-A §3607. Tracking; biennial report (REPEALED)

§3607. Tracking; biennial report
(REPEALED)
SECTION HISTORY
PL 2009, c. 329, Pt. A, §4 (NEW). PL 2023, c. 77, §9 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36: COMMUNITY-BASED RENEWABLE ENERGY › 35-A §3608. Regulatory approvals; use of public resources

§3608. Regulatory approvals; use of public resources
1.  Regulatory approval.
The development, siting and operation of a community-based renewable energy project is subject to all applicable regulatory reviews and approvals required by governmental entities, including, but not limited to, municipalities and state agencies, pursuant to law, ordinance or rule.
[PL 2009, c. 329, Pt. A, §4 (NEW).]
2.  Use of publicly owned land, water or facilities.
Nothing in this chapter limits the authority of the State or a political subdivision of the State to use publicly owned land, water or facilities in the development and operation of a community-based renewable energy project or to lease publicly owned land, water or facilities to other qualifying owners for the development and operation of a community-based renewable energy project.
[PL 2009, c. 329, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 2009, c. 329, Pt. A, §4 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36: COMMUNITY-BASED RENEWABLE ENERGY › 35-A §3609. Repeal; authority for legislation (REPEALED)

§3609. Repeal; authority for legislation
(REPEALED)
SECTION HISTORY
PL 2009, c. 329, Pt. A, §4 (NEW). PL 2015, c. 232, §3 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36: COMMUNITY-BASED RENEWABLE ENERGY › 35-A §3610. Project deadline; completion deadline

§3610. Project deadline; completion deadline
The commission may not issue an order after December 31, 2015 directing an investor-owned transmission and distribution utility to enter into a long-term contract under this chapter nor allow a consumer-owned transmission and distribution utility to enter into a long-term contract under this chapter. All community-based renewable energy projects that have been selected for a long-term contract must become operational and commence generating electricity by December 31, 2018.   [PL 2015, c. 232, §4 (NEW).]
SECTION HISTORY
PL 2015, c. 232, §4 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36-A: WOOD-FIRED COMBINED HEAT AND POWER ACT › 35-A §3621. Short title

§3621. Short title
This chapter may be known and cited as "the Wood-fired Combined Heat and Power Act."   [PL 2021, c. 604, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 604, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36-A: WOOD-FIRED COMBINED HEAT AND POWER ACT › 35-A §3622. Definitions

§3622. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2021, c. 604, §3 (NEW).]
1.  Combined heat and power project.
"Combined heat and power project" means a facility that uses wood fuel to generate electric heat and power that is used for industrial or space heating purposes.
[PL 2021, c. 604, §3 (NEW).]
2.  Net generating capacity.
"Net generating capacity" means the electric output of an electricity generating facility delivered to the transmission and distribution utility system. "Net generating capacity" does not include any energy consumed by the generator to operate the electricity generating facility, energy provided behind the meter to facilities adjacent to the electricity generating facility or any energy consumed for facility lighting, power and auxiliary facilities.
[PL 2023, c. 353, §2 (AMD).]
3.  Program participant.
"Program participant" means a combined heat and power project that is participating in the combined heat and power program established in section 3623.
[PL 2021, c. 604, §3 (NEW).]
4.  Wood fuel.
"Wood fuel" means biomass derived from:
A. Forest products manufacturing residuals, including, but not limited to, mill chips, sawdust, bark, shavings and fines;   [PL 2021, c. 604, §3 (NEW).]
B. Harvest residues, including trees or portions of harvested trees that are too small or of too poor quality to be used for wood products; or   [PL 2021, c. 604, §3 (NEW).]
C. Downed trees from weather events and natural disasters, nonhazardous landscape or right-of-way trimmings and plant material removed for purposes of invasive species control.   [PL 2021, c. 604, §3 (NEW).]
[PL 2021, c. 604, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 604, §3 (NEW). PL 2023, c. 353, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36-A: WOOD-FIRED COMBINED HEAT AND POWER ACT › 35-A §3623. Combined heat and power program

§3623. Combined heat and power program
1.  Program established.
The combined heat and power program, referred to in this chapter as "the program," is established to encourage the development in the State of combined heat and power projects that will promote the climate action plan developed in accordance with Title 38, section 577, subsection 1. The program is administered by the commission.
[PL 2021, c. 604, §3 (NEW).]
2.  Program scope; limits on net generating capacity.
The commission shall limit participation in the program in accordance with this subsection.
A. The net generating capacity of a program participant may not be less than 3 megawatts or more than 15 megawatts.   [PL 2023, c. 353, §3 (AMD).]
B. The total net generating capacity of all program participants combined may not exceed 30 megawatts.
The commission may modify the amount of total net generating capacity stipulated under this paragraph based on program experience.   [PL 2023, c. 353, §4 (AMD).]
[PL 2023, c. 353, §§3, 4 (AMD).]
3.  Program eligibility criteria.
To be eligible to participate in the program, a combined heat and power project must:
A. Be connected to the electric grid of this State;   [PL 2021, c. 604, §3 (NEW).]
B. Have an in-service date after November 1, 2022;   [PL 2021, c. 604, §3 (NEW).]
C. Satisfy the limits on net generating capacity established in subsection 2, paragraph A;   [PL 2021, c. 604, §3 (NEW).]
D. Be highly efficient, as determined by the commission on a technology-specific basis; and   [PL 2023, c. 353, §5 (AMD).]
E. Not be a participant in net energy billing under section 3209‑A or 3209‑B.   [PL 2021, c. 604, §3 (NEW).]
The commission shall prescribe an application form or procedure that must be used to apply to the program under this chapter, which must include any information that the commission determines necessary for the purpose of administering the program. The commission shall inform an applicant, within 30 days of receipt of an application, if the application is complete. The commission shall determine whether the combined heat and power project qualifies for participation in the program as soon as practicable and respond in writing.
[PL 2023, c. 353, §5 (AMD).]
SECTION HISTORY
PL 2021, c. 604, §3 (NEW). PL 2023, c. 353, §§3-5 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36-A: WOOD-FIRED COMBINED HEAT AND POWER ACT › 35-A §3625. Rules

§3625. Rules
The commission may adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2021, c. 604, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 604, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36-A: WOOD-FIRED COMBINED HEAT AND POWER ACT › 35-A §3626. Tracking; biennial report

§3626. Tracking; biennial report
The commission shall develop and administer a system to register and track the development of combined heat and power projects under this chapter and by January 15, 2023, and biennially thereafter, shall report to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters on the program and the development of combined heat and power projects. The report must include, but is not limited to:   [PL 2021, c. 604, §3 (NEW).]
1.  Combined heat and power project development.
Documentation of the progress of combined heat and power project development, including the number of such projects in the State, the net generating capacity of those projects and the kilowatt-hours of electricity purchased from those projects; and
[PL 2021, c. 604, §3 (NEW).]
2.  Program implementation; assessment; recommendations.
Actions taken by the commission to implement the program, an assessment of the effectiveness of the program with respect to encouraging the sustainable development of combined heat and power projects in the State and recommendations, including any necessary implementing legislation, to improve the program.
[PL 2021, c. 604, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 604, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 36-A: WOOD-FIRED COMBINED HEAT AND POWER ACT › 35-A §3627. Regulatory approvals; use of public resources

§3627. Regulatory approvals; use of public resources
1.  Regulatory approval.
The development, siting and operation of a combined heat and power project is subject to all applicable regulatory reviews and approvals required by governmental entities, including, but not limited to, municipalities and state agencies, pursuant to law, ordinance or rule.
[PL 2021, c. 604, §3 (NEW).]
2.  Use of publicly owned land, water or facilities.
Nothing in this chapter limits the authority of the State or a political subdivision of the State to use publicly owned land, water or facilities in the development and operation of a combined heat and power project or to lease publicly owned land, water or facilities to other qualifying owners for the development and operation of a combined heat and power project.
[PL 2021, c. 604, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 604, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3701. Short title

§3701. Short title
This chapter shall be known and may be cited as the "Rural Electrification Cooperative Enabling Act."   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3702. Purpose

§3702. Purpose
Cooperative nonprofit membership corporations may be organized under this chapter for the purpose of supplying electricity and promoting and extending the use of electricity.   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3703. Definitions

§3703. Definitions
As used in this chapter, unless the context otherwise indicates, the following words have the following meanings:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Person.
"Person" means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Rural electrification cooperative or cooperative.
"Rural electrification cooperative" or "cooperative" means any corporation organized under this chapter or which becomes subject to this chapter in the manner provided.
[RR 2009, c. 1, §24 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2009, c. 1, §24 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3704. Name

§3704. Name
The name of a cooperative shall be distinct from the name of any other cooperative or corporation organized under the laws of, or authorized to do business in this State.   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3705. Refunds

§3705. Refunds
Revenues of a cooperative for any fiscal year shall be applied as follows:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Expenses.
To defray the expenses of the operation and maintenance of the facilities of the cooperative during the fiscal year;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Interest and obligations.
To pay interest and principal obligations of the cooperative coming due in the fiscal year;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Reserve for construction of facilities.
To finance or to provide a reserve for the financing of the construction or acquisition by the cooperative of additional facilities to the extent determined by the board of trustees;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Reserve for working capital.
To provide a reasonable reserve for working capital; and
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Reserve for indebtedness.
To provide a reserve for the payment of indebtedness of the cooperative in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
Any remaining revenues shall, unless otherwise determined by a vote of the members, be distributed by the cooperative to its members as patronage refunds prorated in accordance with the patronage of the cooperative by the respective members, paid for during such fiscal year. Nothing in this section prohibits the payment by a cooperative of all or any part of its indebtedness prior to the date when it becomes due.   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3706. Nonliability of members for debts of cooperative

§3706. Nonliability of members for debts of cooperative
No member may be liable or responsible for any debts of the cooperative and the property of the members may not be subject to execution for the cooperative's debts. This section does not apply to a generation and transmission cooperative organized in accordance with subchapter IV.   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3707. Recordation of mortgages; effect

§3707. Recordation of mortgages; effect
All after-acquired property of a cooperative or foreign corporation described or referred to as being mortgaged or pledged in a mortgage, deed of trust or other instrument is subject to the lien on that property immediately upon the acquisition of the property by the cooperative or foreign corporation, whether or not the property was in existence at the time of the execution of the mortgage, deed of trust or other instrument. Recordation of a mortgage, deed of trust or other instrument constitutes notice and otherwise has the same effect with respect to the after-acquired property owned by the cooperative or foreign corporation at the time of the execution of the mortgage, deed of trust or other instrument and described or referred to in the instrument as being mortgaged or pledged.   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3708. Fees

§3708. Fees
The Secretary of State shall charge and collect for filing articles of incorporation, articles of amendment, articles of consolidation or articles of conversion a fee of $5, and for filing certificate of election to dissolve, articles of dissolution or certificate of change of principal office a fee of $2.   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3709. Cooperatives are public utilities; jurisdiction of Public Utilities Commission

§3709. Cooperatives are public utilities; jurisdiction of Public Utilities Commission
Cooperatives are public utilities and subject to this Title, notwithstanding any public or private and special laws to the contrary.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Commission to hear complaints.
Any person who has been refused membership in or service by a cooperative or who is receiving inadequate service may complain to the commission which may, after hearing, upon finding that such service may reasonably be rendered, order the cooperative to provide the person with reasonably adequate service.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Unreasonable membership requirement.
If the commission, after hearing, determines that a requirement of membership in a cooperative is unreasonable or unjust, it shall order the requirement repealed or not to be enforced.
[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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 1: GENERAL PROVISIONS › 35-A §3710. Filing of articles

§3710. Filing of articles
1.  Articles filed by Secretary of State.
Articles of incorporation, amendment, conversion or dissolution, when executed and acknowledged and accompanied by such affidavits as may be required by this chapter, must be presented to the Secretary of State for filing in the records of the office of the Secretary of State. If the Secretary of State determines that the articles presented conform to the requirements of this chapter, the Secretary of State shall, upon the payment of the fees as provided in section 3708, file the articles in the records of the office of the Secretary of State.
[RR 2021, c. 1, Pt. B, §414 (COR).]
2.  Articles in effect upon filing.
Upon the filing by the Secretary of State the incorporation, amendment, conversion or dissolution provided for in the articles is in effect.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Application of this section to certificates of election to dissolve.
This section applies to certificates of election to dissolve and affidavits executed in connection with the certificates pursuant to section 3755, subsection 2.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §414 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 2: ORGANIZATION › 35-A §3731. Incorporators

§3731. Incorporators
Five or more natural persons or 2 or more cooperatives may organize a cooperative in the manner provided in this subchapter.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
This section does not apply to a generation and transmission cooperative organized in accordance with subchapter IV.   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 2: ORGANIZATION › 35-A §3732. Articles of incorporation

§3732. Articles of incorporation
1.  Contents of articles.
The articles of incorporation of a cooperative shall recite that they are executed pursuant to this chapter and shall state:
A. The name of the cooperative;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. The address of its principal office;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. The names and addresses of the incorporators; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
D. The names and addresses of its trustees.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Articles not inconsistent with this chapter.
The articles of incorporation may contain any provisions not inconsistent with this chapter determined necessary or advisable for the conduct of its business.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Articles signed by incorporators.
The articles shall be signed by each incorporator and acknowledged by at least 2 of the incorporators, or on their behalf, if they are cooperatives.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Purpose and corporate powers.
It is not necessary to recite in the articles of incorporation of a cooperative the purpose for which it is organized or any of its corporate powers.
[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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 2: ORGANIZATION › 35-A §3733. Bylaws

§3733. Bylaws
1.  Trustees adopt first bylaws.
The board of trustees shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion or consolidation.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Members adopt, amend or repeal following bylaws.
After the first bylaws have been adopted, the members shall adopt, amend or repeal the bylaws by the affirmative vote of a majority of those members voting at a meeting of the members.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Contents of bylaws.
The bylaws shall set forth the rights and duties of members and trustees and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this chapter or with its articles of incorporation.
[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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 2: ORGANIZATION › 35-A §3734. Members

§3734. Members
1.  Incorporators are members.
Each incorporator of a cooperative is a member of the cooperative, but no other person may become a member unless that person agrees to use transmission and distribution service or other services furnished by the cooperative when they are made available through its facilities.
[PL 1999, c. 398, Pt. A, §89 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Requirements of membership.
Any member of a cooperative who agrees to use transmission and distribution service ceases to be a member if that member does not use transmission and distribution service supplied by the cooperative within 6 months after it is made available or if transmission and distribution service is not made available by the cooperative within 2 years after the member becomes a member or such lesser period as the bylaws of the cooperative may provide.
[PL 1999, c. 398, Pt. A, §89 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
3.  Joint membership.
A husband and wife may hold a joint membership in a cooperative.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Membership not transferable.
Membership in a cooperative is not transferable, except as provided in the bylaws.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Additional qualifications.
The bylaws may prescribe additional qualifications and limitations in respect to membership.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A89 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 2: ORGANIZATION › 35-A §3735. Meetings

§3735. Meetings
1.  Annual meetings.
An annual meeting of the members of a cooperative shall be held at such time and place as provided in the bylaws.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Special meetings.
Special meetings of the members may be called by the president, by the board of trustees, by any 3 trustees or by not less than 10% of the members.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Notice.
Except as otherwise provided in this chapter, written or printed notice stating the time and place of each meeting of the members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, must be given to each member, either personally or by mail, not less than 10 days nor more than 25 days before the date of the meeting. If mailed, notice is deemed given when deposited in the United States mail with postage prepaid addressed to the member at the member's address as it appears on the records of the cooperative.
[RR 2021, c. 1, Pt. B, §415 (COR).]
4.  Quorum.
Unless the bylaws prescribe the presence of a greater percentage or number of the members for a quorum, a quorum for the transaction of business at all meetings of the members of a cooperative, having not more than 1,000 members, shall be 5% of all members, present in person, and of a cooperative, having more than 1,000 members, shall be 50 members, present in person. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting from time to time without further notice.
This subsection does not apply to a generation and transmission cooperative organized in accordance with subchapter IV. A quorum for such a cooperative shall be specified in the bylaws.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Voting.
Each member shall be entitled to one vote on each matter submitted to a vote at a meeting of the members. Voting shall be in person, but, if the bylaws so provide, may also be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail, they shall also prescribe the conditions under which such voting shall be permitted. No person may vote as proxy for more than 3 members at any meeting of the members.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §415 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 2: ORGANIZATION › 35-A §3736. Waiver of notice

§3736. Waiver of notice
Any person entitled to notice of a meeting may waive the notice in writing either before or after the meeting. If the person attends the meeting, that person's attendance constitutes a waiver of notice of the meeting, unless the person participates in the meeting solely to object to the transaction of any business because the meeting has not been legally called or convened.   [RR 2021, c. 1, Pt. B, §416 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §416 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 2: ORGANIZATION › 35-A §3738. Districts

§3738. Districts
The bylaws may provide for the division of the territory served or to be served by a cooperative into 2 or more districts for any purpose, including, without limitation, the nomination and election of trustees and the election and functioning of district delegates. In such case, the bylaws shall prescribe the boundaries of the districts or the manner of establishing the boundaries, or the manner of changing the boundaries, and the manner in which the districts shall function. No member at any district meeting and no district delegate at any meeting may vote by proxy or by mail.   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 2: ORGANIZATION › 35-A §3739. Officers

§3739. Officers
The officers of a cooperative consist of a president, vice-president, secretary and treasurer, who must be elected annually by and from the board of trustees. When a person holding office ceases to be a trustee, that person ceases to hold office. The offices of secretary and of treasurer may be held by the same person. The board of trustees may elect or appoint other officers, agents or employees as it determines necessary or advisable and shall prescribe their powers and duties. Any officer may be removed from office and a successor elected in the manner prescribed in the bylaws.   [RR 2021, c. 1, Pt. B, §418 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §418 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 3: POWERS › 35-A §3752. Amendment of articles

§3752. Amendment of articles
A cooperative may amend its articles of incorporation as follows.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Meeting and notice.
The proposed amendment shall be presented to a meeting of the members. The proposed amendment shall be set forth in or attached to the notice of the meeting.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Approval.
If the proposed amendment, with any changes, is approved by the affirmative vote of not less than 2/3 of those members voting on the amendment at the meeting, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice-president and its seal shall be affixed to the articles and attested by its secretary.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Contents of articles of amendment.
The articles of amendment shall recite that they are executed pursuant to this chapter and shall state:
A. The name of the cooperative;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. The address of its principal office; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. The amendment to its articles of incorporation.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Affidavit.
The president or vice-president executing the articles shall make and attach to the articles an affidavit stating that this section was complied with.
[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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 3: POWERS › 35-A §3753. Change of location of principal office

§3753. Change of location of principal office
A cooperative may, upon authorization of its board of trustees or its members, change the location of its principal office by filing a certificate reciting the change, executed and acknowledged by its president or vice-president under its seal, attested by its secretary, in the office of the Secretary of State.   [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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 3: POWERS › 35-A §3754. Conversion of existing corporations

§3754. Conversion of existing corporations
A corporation organized on a cooperative plan under the laws of this State and supplying or authorized to supply electric energy may be converted into a cooperative by complying with the following requirements and shall upon compliance be subject to this chapter with the same effect as if originally organized under this chapter.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Meeting and notice.
The proposition for the conversion of the corporation into a cooperative and proposed articles of conversion shall be submitted to a meeting of the members or stockholders of the corporation. The proposed articles of conversion shall be attached to the notice of the meeting.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Approval.
If the proposition for the conversion of the corporation into a cooperative and the proposed articles of conversion, with any amendments, are approved by the affirmative vote of not less than 2/3 of those members of the corporation voting on the articles at the meeting, or, if the corporation is a stock corporation, by the affirmative vote of the holders of not less than 2/3 of those shares of the capital stock of the corporation represented at the meeting and voting on the articles, articles of conversion shall be executed and acknowledged on behalf of the corporation by its president or vice-president and its seal shall be affixed to the articles and attested by its secretary.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Contents of articles of conversion.
The articles of conversion shall recite that they are executed pursuant to this chapter and shall state:
A. The name of the corporation and the address of its principal office prior to its conversion into a cooperative;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. The law or laws under which it was organized;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. A statement that the corporation elects to become a cooperative, nonprofit, membership corporation subject to this chapter;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
D. Its name as a cooperative;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
E. The address of the principal office of the cooperative;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
F. The names and addresses of the trustees of the cooperative; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
G. The manner in which members or stockholders of the corporation may or shall become members of the cooperative; and may contain any provisions not inconsistent with this chapter determined necessary or advisable for the conduct of the business of the cooperative.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Affidavit.
The president or vice-president executing the articles shall make and attach to the articles an affidavit stating that this section was complied with. The articles of conversion shall be deemed to be the articles of incorporation of the cooperative.
[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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 4: GENERATION AND TRANSMISSION COOPERATIVES › 35-A §3771. Organization of generation and transmission cooperatives

§3771. Organization of generation and transmission cooperatives
One or more cooperatives formed under this Title may organize and control a cooperative having as its principal purpose the generation, manufacture, purchase, acquisition, accumulation, transmission, sale, supply and disposal of electric energy. Such a cooperative shall have all of the powers of cooperatives formed under 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 37: RURAL ELECTRIFICATION COOPERATIVES › Subchapter 4: GENERATION AND TRANSMISSION COOPERATIVES › 35-A §3772. Jurisdiction of Public Utilities Commission

§3772. Jurisdiction of Public Utilities Commission
Cooperatives formed under this subchapter are public utilities and subject to the requirements of this Title, except for those requirements of this chapter which are inconsistent with the operation of cooperatives formed under this subchapter, notwithstanding any public or private laws to the contrary. Those cooperatives require the authorization of the commission to transmit, sell, supply or dispose of electric energy to any member of the cooperative. That authorization may be granted by order or rule.   [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 38: BENEFICIAL ELECTRIFICATION POLICY ACT › 35-A §3801. Short title

§3801. Short title
This chapter may be known and cited as "the Beneficial Electrification Policy Act."   [PL 2023, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 38: BENEFICIAL ELECTRIFICATION POLICY ACT › 35-A §3802. Definitions

§3802. Definitions
For the purposes of this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2023, c. 328, §1 (NEW).]
1.  Beneficial electrification.
"Beneficial electrification" has the same meaning as in section 10102, subsection 3‑A.
[PL 2023, c. 328, §1 (NEW).]
2.  Office.
"Office" means the Governor's Energy Office.
[PL 2023, c. 328, §1 (NEW).]
3.  Renewable resource.
"Renewable resource" has the same meaning as in section 3210, subsection 2, paragraph C.
[PL 2023, c. 328, §1 (NEW).]
4.  Trust.
"Trust" means the Efficiency Maine Trust.
[PL 2023, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 38: BENEFICIAL ELECTRIFICATION POLICY ACT › 35-A §3804. Commission advancement of clean energy and beneficial electrification

§3804. Commission advancement of clean energy and beneficial electrification
The commission shall advance through its decisions and orders beneficial electrification in order to achieve the emission reduction and renewable energy goals of the State, reduce energy costs to consumers and provide economic and climate benefits for all ratepayers. The commission shall seek to procure energy under section 3803, subsection 1, paragraph B in a manner that is consistent with beneficial electrification. To the extent practicable, the commission shall seek to ensure that the acquisition of energy from renewable resources under section 3803, subsection 1, paragraph B is designed to procure sufficient energy to meet the portfolio requirements under section 3210 for the reasonably expected increase in use of electricity by retail electricity consumers.   [PL 2023, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 38: BENEFICIAL ELECTRIFICATION POLICY ACT › 35-A §3805. Reporting

§3805. Reporting
1.  Commission report.
The commission shall include in its annual report under section 120, subsection 7 a summary of its activities in accordance with this chapter.
[PL 2023, c. 328, §1 (NEW).]
2.  Office report.
The office shall include in its annual report under Title 2, section 9, subsection 3, paragraph C‑1 a summary of its activities in accordance with this chapter.
[PL 2023, c. 328, §1 (NEW).]
3.  Trust report.
The trust shall include in its annual report under section 10104, subsection 5 a summary of its activities in accordance with this chapter.
[PL 2023, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3901. Short Title

§3901. Short Title
This chapter shall be known and may be cited as the "Municipal Electric District Enabling Act."   [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 §3902. Purpose

§3902. Purpose
The purpose of each municipal power district formed under this chapter is to generate, supply or extend the efficient use of electricity for public purposes and for the health, welfare, comfort and convenience of the inhabitants 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 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3903. Formation of single-member district

§3903. Formation of single-member district
A municipal power district may be formed under the following provisions.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  By municipal officers.
The municipal officers of any municipality may, by majority vote, determine that a municipal power district should be established under the terms of this chapter. If they make such a determination they shall call an election under subsection 3.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  By petition.
Ten percent of the legal voters of a municipality may petition the municipal officers to call an election, under subsection 3, for the purpose of forming a municipal power district.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Election.
After a determination by the municipal officers, or upon petition in accordance with subsection 2, the municipal officers shall, at the next regular election or town meeting, or at a special election or town meeting called and held by them, submit the following question to the legal voters in accordance with their charter or Title 30‑A, section 2528:
"Shall the (name of municipality) Power District be created and incorporated under the Maine Revised Statutes, Title 35‑A, chapter 39?"   [PL 1995, c. 254, §7 (AMD).]
4.  Favorable vote.
If a majority of the legal votes cast on this question favor incorporation, a municipal power district may be created for that municipality under this chapter upon declaration of the vote by the municipal officers, provided that the total number of votes cast for and against the incorporation equals or exceeds 40% of the total votes cast in that municipality for all candidates for Governor at the previous gubernatorial election. If not, the proposed district is not created at that time. Upon certification of a favorable vote by the municipal officers, the commission shall approve formation of the district if the commission finds that formation would be in conformance with the requirements of this Title. Upon approval by the commission, the district is created and the commission shall file certification of that approval with the Secretary of State.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 254, §7 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3904. Formation of multimember district

§3904. Formation of multimember district
Two or more municipalities may form a multimember municipal power district under the following provisions.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  By municipal officers.
The municipal officers of each municipality may, by majority vote, determine that a municipal power district should be established under the terms of this chapter. If the municipal officers of every municipality involved make such a determination, they shall call an election under subsection 3.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Petition.
Upon petition of 10% of the legal voters of each municipality, the municipal officers of those municipalities shall call an election, under subsection 3, for the legal voters of their respective municipalities for the purpose of forming a municipal power district.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Election.
After a determination by the municipal officers or upon petition of the legal voters of each municipality wishing to form a district, the municipal officers shall, at the next regular election or town meeting, or at a special election or town meeting if the petition so requests, submit the following question to the legal voters of their respective municipalities in accordance with their charter or Title 30‑A, section 2528:
"Shall the (name of municipalities) Power District be created and incorporated under the Maine Revised Statutes, Title 35‑A, chapter 39?"   [PL 1995, c. 254, §8 (AMD).]
4.  Favorable vote.
If, in each municipality, a majority of the legal votes cast on this question favor incorporation, a municipal power district may be created for those municipalities under this chapter upon declaration of the vote of the municipal officers, provided that the total number of votes cast in each municipality for and against the incorporation equals or exceeds 40% of the total votes cast in the municipality for all candidates for Governor at the previous gubernatorial election. Upon certification of a favorable vote by the municipal officers, the commission shall approve formation of the district if the commission finds that formation would be in conformance with the requirements of this Title. Upon approval by the commission, the district is created and the commission shall file certification of that approval with the Secretary of State.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 254, §8 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 39: MUNICIPAL ELECTRIC DISTRICTS › 35-A §3905. Existing districts

§3905. Existing districts
Any quasi-municipal district organized under the private and special laws that is a transmission and distribution utility within the meaning of section 102 may reorganize in accordance with this chapter. In addition to the methods of sections 3903 and 3904, the trustees may, by majority vote, petition the municipal officers for an election and those officers shall hold an election in accordance with those sections.   [PL 1999, c. 398, Pt. A, §90 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A90 (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 §3906. Organization of single-member district

§3906. Organization of single-member district
A municipal power district shall be organized under the following provisions.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Trustee.
Upon formation of a district under section 3903, all the affairs of the district must be managed by a board of 3 trustees who must be residents of the district. 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 district, that trustee's position becomes vacant. Trustees are subject to Title 30‑A, section 2605, concerning conflict of interest.
[PL 1995, c. 254, §9 (AMD).]
2.  Election.
Within 60 days after the formation of a district, the municipal officers shall appoint the initial board of trustees, one member for a term of one year, one member for a term of 2 years and one member for a term of 3 years. Each year as the term of a trustee expires, the legal voters of the district, at an annual election, shall elect a successor to serve for a full term of 3 years. The annual election shall be held within the district concurrently with the election of the municipal officers. The trustees shall conspicuously post notice of the election in 2 public places within 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 2 of the trustees. Trustees shall determine their own compensation. The trustees shall, in the bylaws, determine the number constituting a quorum, but in no event less than half of the total number of trustees.
[RR 2021, c. 1, Pt. B, §419 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 254, §9 (AMD). RR 2021, c. 1, Pt. B, §419 (COR).