S.P. 690 - L.D. 1925
An Act to Make Additional Allocations from the Public Utilities Commission Regulatory Fund for the Fiscal Year Ending June 30, 1998
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the 90-day period may not terminate until after the beginning of the next fiscal year; and
Whereas, certain obligations and expenses incident to the operation of the Public Utilities Commission will become due and payable prior to the expiration of the 90-day period; 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Sec. 1. 5 MRSA §931, sub-§1, ¶J, as repealed and replaced by PL 1987, c. 631, §2, is amended to read:
J. Staff attorney, financial analyst, chief utility accountant, utility accountant III, and assistant administrative director, administrative assistant to the administrative director and assistant to the director of consumer assistance positions at the Public Utilities Commission;
Sec. 2. 35-A MRSA §107, sub-§2, ¶A, as amended by PL 1987, c. 631, §3, is further amended to read:
A. The general counsel, the administrative director, the assistant administrative director, the administrative assistant to the administrative director, the director of finance, the director of technical analysis, and the director of consumer assistance and the assistant to the director of consumer assistance shall serve at the pleasure of the commission and their salaries shall must be set by the commission within the ranges established by Title 2, section 6-A.
Sec. 3. 35-A MRSA §107, sub-§2, ¶C, as amended by PL 1993, c. 118, §2, is further amended to read:
C. The salaries of the other subordinate officials and employees of the commission, other than those of the general counsel, the administrative director, the assistant administrative director, the administrative assistant to the administrative director, the director of finance, the director of technical analysis, the director of consumer assistance, the assistant to the director of consumer assistance and the staff attorney and utility analyst positions, are subject to the Civil Service Law.
Sec. 4. 35-A MRSA §116, sub-§4, as amended by PL 1993, c. 118, §4, is further amended to read:
4. Use of funds. The Public Utilities Commission may use the revenues provided in accordance with this section to fund 69 65 employees and to defray the costs incurred by the commission pursuant to this Title, including administrative expenses, general regulatory expenses, consulting fees and all other reasonable costs incurred to administer this Title.
Sec. 5. Fiscal year 1997-98 assessment. Notwithstanding the Maine Revised Statutes, Title 35-A, section 116, the Public Utilities Commission may assess upon all regulated utilities in the 1997-98 fiscal year an additional $635,000, which is the amount the assessment for the 1997-98 fiscal year was reduced by the Public Utilities Commission as a result of surplus carried forward from the 1995-96 fiscal year.
Sec. 6. One-time exception. Notwithstanding the Maine Revised Statutes, Title 35-A, section 116, subsection 5, the Public Utilities Commission may expend in fiscal year 1998-99, for the purposes specified in Title 35-A, section 116, subsection 4, 100% of any unexpended funds remaining at the end of the 1997-98 fiscal year. Treatment of funds not expended at the end of the 1998-99 fiscal year are governed by Title 35-A, section 116, subsection 5.
Sec. 7. Allocation of Public Utilities Commission Regulatory Fund. The Public Utilities Commission Regulatory Fund must be allocated as designated in the following schedule.
1997-98
PUBLIC UTILITIES COMMISSION
Regulatory Fund - Public Utilities Commission
Positions - Legislative Count (-4.000)
Personal Services ($250,000)
All Other 1,254,000
Deallocates salary savings from the elimination of the Administrative Assistant to the Administrative Director position, a Word Process Operator position, the Assistant to the Director of Consumer Assistance position and the Administrative Secretary position and savings from 3 unfilled positions and increases funding for additional consulting costs related to the implementation of both federal and state legislative requirements involving the electric, telecommunications and gas utility industries.
PUBLIC UTILITIES COMMISSION ____________
TOTAL $1,004,000
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 9, 1998.
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