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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 | | fiscal year, 100% of these funds may be expended for the | | purposes specified in this section. |
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| | | Sec. 3. PL 2001, c. 136, §2 is amended to read: |
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| | | *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 | and fiscal year 2002-03 | | 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 | | is governed by Title 35-A, section 116, subsection 5. |
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| | | 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. |
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| | | Emergency clause. In view of the emergency cited in the preamble, | | this Act takes effect when approved. |
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