An Act To Clarify the Definition of "Consumer-owned Transmission and Distribution Utility"

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

Whereas,  the fast pace of change in the electric industry has created confusion within the current legal parameters under which new forms of transmission and distribution electric utility ownership are being introduced in the State; and

Whereas,  the confusion in the electric industry caused by the current legal parameters of transmission and distribution electric utility ownership could cause harm to ratepayers and inhibit the beneficial growth of the industry; 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,

Sec. 1. 35-A MRSA §3201, sub-§6,  as enacted by PL 1997, c. 316, §3, is amended to read:

Sec. 2. 35-A MRSA §3501, sub-§1,  as amended by PL 1999, c. 398, Pt. A, §85 and affected by §§104 and 105, is further amended to read:

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

summary

This bill amends the definition of consumer-owned transmission and distribution utility to clarify that the utility must be wholly owned by consumers who reside in the service territory of the utility and that any municipal or quasi-municipal ownership must be of a municipality or quasi-municipal entity located in the State.