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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 272
H.P. 759 - L.D. 1042

An Act To Ensure Proper Funding of the Public Utilities Commission and the Public Advocate

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, it is necessary that the Public Utilities Commission and the Public Advocate have sufficient funds to carry out their statutory obligations during fiscal year 2004; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 35-A MRSA §116, sub-§1, as amended by PL 2001, c. 136, §1, is further amended to read:

     1. Utilities subject to assessments. Every transmission and distribution, gas, telephone and water utility and ferry subject to regulation by the commission is subject to an assessment on its intrastate gross operating revenues to produce no more than $4,918,000 $5,505,000 in revenues annually. The commission shall increase the assessment to produce an additional $318,000 during fiscal year 2001-02 and an additional $587,000 during fiscal year 2002-03. The commission shall assess transmission and distribution utilities at a rate sufficient to produce $3,370,000 and $3,772,000 annually. The commission shall assess all other utilities at a rate sufficient to produce $1,548,000 $1,733,000 annually. The commission shall increase the assessment of transmission and distribution utilities to produce an additional $218,000 during fiscal year 2001-02 and an additional $402,000 during fiscal year 2002-03. The commission shall increase the assessment of all other utilities to produce an additional $100,000 during fiscal year 2001-02 and an additional $185,000 during fiscal year 2002-03. The commission shall determine the assessments annually prior to May 1st and assess each utility for its pro rata share for expenditure during the fiscal year beginning July 1st. Each utility shall pay the assessment charged to the utility on or before July 1st of each year. Any increase in the assessment that becomes effective subsequent to May 1st may be billed on the effective date of the act authorizing the increase.

     Sec. 2. 35-A MRSA §116, sub-§8, ¶C-1, as amended by PL 2001, c. 28, §1, is further amended to read:

     Sec. 3. PL 2001, c. 136, §2 is amended to read:

     Sec. 2. Use of unexpended funds. Notwithstanding the Maine Revised Statutes, Title 35-A, section 116, subsection 5, the Public Utilities Commission may expend in fiscal year 2001-02 2003-04 and fiscal year 2002-03 2004-05, for the purposes specified in Title 35-A, section 116, subsection 4, 100% of any unexpended funds remaining at the end of the prior fiscal year. Treatment of funds not expended at the end of fiscal year 2002-03 2004-05 is governed by Title 35-A, section 116, subsection 5.

     Sec. 4. Report and authority to report legislation. No later than January 1, 2004, the Public Utilities Commission shall submit to the Joint Standing Committee on Utilities and Energy a report describing the commission's activities during fiscal year 2003-04 and the extent to which the assessment authorized in the Maine Revised Statutes, Title 35-A, section 116 limits the commission's ability to fulfill its statutory responsibilities. The commission shall also examine and report on the appropriateness of the apportionment of the assessment between transmission and distribution utilities and other utilities. The Joint Standing Committee on Utilities and Energy may report out legislation to the Second Regular Session of the 121st Legislature relating to the commission's assessments under Title 35-A, section 116.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective May 23, 2003.

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