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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1405
H.P. 927 House of Representatives, April 1, 2025
An Act to Amend Laws Governing the Public Utilities Commission
Concerning Participant Funding
Reference to the Committee on Energy, Utilities and Technology suggested and ordered
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FOSTER of Dexter.
Cosponsored by Representatives: GEIGER of Rockland, MCINTYRE of Lowell, Senator:
HARRINGTON of York.
Page 1 - 132LR1159(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 35-A MRSA §117, sub-§3, ¶B, as amended by PL 2023, c. 143, §§1 to 3,
3 is further amended by amending subparagraph (4) to read:
4 (4) To supplement the telecommunications education access fund established
5 pursuant to section 7104‑B; or
6Sec. 2. 35-A MRSA §117, sub-§3, ¶B, as amended by PL 2023, c. 143, §§1 to 3,
7 is further amended by amending subparagraph (5) to read:
8 (5) To supplement any other program or fund that the commission determines
9 would benefit customers affected or potentially affected by the violation; or .
10Sec. 3. 35-A MRSA §117, sub-§3, ¶B, as amended by PL 2023, c. 143, §§1 to 3,
11 is further amended by repealing subparagraph (6).
12Sec. 4. 35-A MRSA §1310-A, as amended by PL 2023, c. 143, §4, is further
13 amended to read:
14§1310-A. Intervenor and participant funding
151. Qualification for funding. Consistent with rules adopted by the commission
16 pursuant to subsection 3, the commission may order or provide funding in accordance with
17 subsection 2 to an intervenor in an adjudicatory proceeding or a participant in a
18 nonadjudicatory commission proceeding upon a finding that:
19 A. The position of the intervenor or participant is not adequately represented by the
20 Office of the Public Advocate or commission staff;
21 B. The intervenor or participant is likely to substantially contribute to the proceeding
22 and to assist in the resolution of the issues raised in the proceeding; and
23 C. Participation in the proceeding by the intervenor or participant would impose a
24 significant financial hardship on the intervenor or participant.
252. Funding sources. If the commission finds pursuant to subsection 1 that an
26 intervenor or participant in a commission proceeding qualifies for funding, the commission
27 may, except as provided in subsection 2‑A and consistent with rules adopted by the
28 commission pursuant to subsection 3:
29 A. Order a utility involved in the commission proceeding to compensate the intervenor
30 or participant. Compensation provided by a utility under this paragraph may be
31 recovered in rates; or
32 B. Provide compensation to the intervenor or participant from the Public Utilities
33 Commission Regulatory Fund established pursuant to section 116, administrative
34 penalties and filing fees, subject to the commission's determination that funds are
35 available for that purpose.
362-A. Water utility exception. If the commission finds, pursuant to subsection 1, that
37 an intervenor or participant in a commission proceeding involving a water utility qualifies
38 for funding, the commission may, consistent with rules adopted by the commission, provide
39 compensation to the intervenor or participant only from administrative penalties within the
40 Public Utilities Commission Reimbursement Fund in accordance with section 117,
41 subsection 3, paragraph B, subparagraph (6).
Page 2 - 132LR1159(01)
13. Rules. The commission shall adopt rules to implement this section. Rules adopted
2 pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
3 subchapter 2‑A.
4 A. Rules adopted by the commission pursuant to this subsection must include, but are
5 not limited to:
6 (1) The process by which the commission will determine whether an intervenor or
7 participant qualifies for funding;
8 (2) Identification of which expenses incurred by an intervenor or participant may
9 qualify for funding, which types of proceedings intervenor or participant funding
10 will be available for and the point in an eligible proceeding at which an intervenor
11 or participant qualifying for funding will be provided with the funding;
12 (3) The process by which the commission will ensure that funding provided to an
13 intervenor or participant is used properly and the process by which funding
14 provided to an intervenor or participant that is not entirely used by the intervenor
15 or participant may be recovered by the commission; and
16 (4) The methods by which the commission will ensure that the public is notified
17 about the availability of intervenor and participant funding under this section.
18 B. Rules adopted by the commission pursuant to this subsection may include, but are
19 not limited to:
20 (1) Establishment of a cap on the amount of funding that a qualified intervenor or
21 participant may be provided in a commission proceeding;
22 (2) Establishment of a process by which the commission will give priority under
23 this section to qualified intervenors or participants representing environmental
24 justice populations. If the commission establishes such a process by rule, the
25 commission, in consultation with the Department of Environmental Protection,
26 shall include in that rule a definition for "environmental justice populations" that
27 is consistent with any definition for that term adopted by the department in a
28 department rule; and
29 (3) Any other provisions the commission determines necessary for the
30 implementation of this section.
31SUMMARY
32 This bill removes the authority of the Public Utilities Commission to use administrative
33 penalties collected by the commission for intervenor funding. It also removes the authority
34 of the commission to allow participants in commission nonadjudicatory proceedings to
35 receive funding similar to funding for intervenors in commission proceedings.
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