CHAPTER 209
H.P. 805 - L.D. 1162
An Act To Permit the Establishment of Regional Water Councils
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain grants may be immediately available to regional water councils that will facilitate the purposes of this Act, and the Legislature believes it is important that these funds be accessed and used as soon as possible; 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 c. 68 is enacted to read:
CHAPTER 68
REGIONAL WATER COUNCILS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Regional water council. "Regional water council" means a nonprofit corporation established for the benefit of 2 or more water utilities pursuant to this chapter.
§6802. Regional water councils authorized
Two or more water utilities may organize a regional water council by forming a nonprofit corporation under Title 13-B, the membership of which is restricted to water utilities. A water utility is not required to become a member of a regional water council.
The organizational documents of a regional water council must provide for representation of each member. The documents must specify the organizational structure, the method of withdrawal, the method of terminating the council and the grounds for suspension of member water utilities.
1. Powers. A regional water council may:
A. Study an issue common to 2 or more of the members of the regional water council that it considers appropriate, including, but not limited to, matters affecting water supply, watershed protection, water use policies, regional economic conditions and future development;
B. Promote cooperative arrangements and coordinate action among members of the regional water council, including, but not limited to, providing purchasing, billing, accounting and customer services;
C. Make recommendations for review and action to the members of the regional water council and other public agencies that perform functions within the region; and
D. Exercise its powers and authority as a nonprofit corporation under Title 13-B as necessary or desirable for dealing with issues of local or regional significance to its members, except that it may not exercise any power or authority that would cause the regional water council to become a water utility within this State.
2. Status. A regional water council is a nonprofit corporation and is not a governmental entity and is subject to all laws governing nonprofit corporations.
3. Standing committee. A regional water council, by appropriate action of the governing bodies of its members, may establish a standing committee to prepare and maintain a comprehensive regional water plan.
A regional water council shall adopt bylaws designating the officers of the council and providing for the conduct of its business.
A regional water council may employ staff and consult and retain experts that it considers necessary.
§6807. Finances; annual report
1. Expenses. The member water utilities of a regional water council may contribute funds to meet the expenses of the council. Services of personnel, use of equipment and office space and other necessary services may be accepted from members as part of their financial support.
2. Funds; limitation. A regional water council may accept funds, grants, gifts and services from:
A. The Federal Government;
B. The State or its departments, agencies or instrumentalities;
C. Any governmental unit not specified in paragraph A or B, whether participating in the regional water council or not; and
D. Private and public sources.
A fund, grant, gift or service of the State or its departments, agencies or instrumentalities otherwise available to water utilities may not be made conditional on a water utility's membership in a regional water council.
3. Report. A regional water council shall make an annual report of its activities to the member utilities. The report must be filed with the Public Utilities Commission and the drinking water program of the Department of Health and Human Services.
1. Public Utilities Commission. The commission may receive, obtain and distribute state, federal or other funds supporting regional water council tasks and may provide assistance to regional water councils as appropriate. This subsection does not require the commission to determine the appropriate disbursement of state, federal or other funds among members of a regional water council and does not prohibit a regional water council from obtaining, receiving or disbursing funds without commission involvement.
Nothing in this chapter limits the commission's jurisdiction or authority over water utilities that are members of regional water councils.
2. Rulemaking. The commission may adopt rules to establish procedures and audit requirements related to the requirements of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 24, 2005.
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