Sec. 1. 35-A MRSA §116, sub-§8, śC-1, as amended by PL 1997, c. 719, §1, is further amended to read:

C-1. Except as specified in this subsection, funds that are not expended at the end of a fiscal year do not lapse but must be carried forward to be expended for the purposes specified in this section in succeeding fiscal years; but, with the exception of funds carried forward from fiscal year 1996-97 to fiscal year 1997-98 and with the exception of funds carried forward at the end of fiscal year 2000-01 and fiscal year 2001-02 for use in the following fiscal year, unexpended funds in excess of 10% of the total annual assessment authorized in this section must, at the option of the Public Advocate, either be presented to the Legislature in accordance with paragraph A for reallocation and expenditure or used to reduce the utility assessment in the following fiscal year. In the case of funds carried forward from fiscal year 1996-97 to fiscal year 1997-98 and funds carried forward from fiscal year 2000-01 and fiscal year 2001-02 for use in the following fiscal year, 100% of these funds may be expended for the purposes specified in this section.

SUMMARY

The Office of Public Advocate is actively participating in a series of proceedings at the Public Utilities Commission, including proceedings involving the ground rules for increased competition for in-state long-distance telephone service and for competition in retail electric service in Maine. The costs of this participation are not fully reflected in the current-year budget for the Public Advocate. This bill enables the Public Advocate to make use of an unspent balance carried forward from fiscal years 2000-01 and 2001-02 in full, rather than merely the 10% portion of that balance that is authorized under current law.