CHAPTER 657
H.P. 1788 - L.D. 2508
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, retail choice in the State's electricity market is scheduled by law to occur on March 1, 2000; and
Whereas, changes to various laws are necessary to bring the laws into conformity with the restructuring of the electric industry; and
Whereas, these changes must occur contemporaneously with the start of retail choice; 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 §1766, 2nd ¶, as enacted by PL 1983, c. 803, is amended to read:
The private party undertaking the installation, erection, ownership, development or operation of such an improvement may cogenerate thermal energy and electricity and may sell thermal energy to a state facility located at or near the site of the improvement. The private party may sell thermal energy in excess of the requirements of the state facility to any other customer and may sell cogenerated electricity to the state facility or to an electric public utility, subject to the provisions of Title 35, chapter 172.
Sec. 2. 10 MRSA §963-A, sub-§7-A, as enacted by PL 1993, c. 712, §1, is amended to read:
7-A. Electric rate stabilization project. "Electric rate stabilization project" means an agreement by an electric a transmission and distribution utility with a qualifying facility, as defined in Title 35-A, section 3303, that will result in the reduction of costs to the electric transmission and distribution utility and that has been certified by the Public Utilities Commission to meet the standards established under Title 35-A, section 3156.
Sec. 3. 10 MRSA §1041, sub-§17, as amended by PL 1989, c. 585, Pt. C, §10, is further amended to read:
17. Electricity. Provide financial assistance for electricity generation projects. Any municipality, firm or corporation producing electricity by means of projects described in section 1044, subsection 12, or by means of a pollution-control project, recreational project, multi-level parking facility or combined project may, without the approval of and regulation by the Public Utilities Commission, generate and distribute electricity solely for its own use or the use of its tenant, but may not, without proper approval, sell electricity to other than an electric public utility corporation or cooperative authorized to make, generate, sell and distribute electricity; and
Sec. 4. 10 MRSA §1415-H, sub-§§1 to 4, as enacted by PL 1993, c. 329, §1, are amended to read:
1. Certification. Before installing permanent service to a commercial or institutional building, an electric a transmission and distribution utility, as defined in Title 35-A, section 102, shall obtain from the owner of the building or from the owner's legal agent, on a form provided by the utility, a signed certification that the building complies with the requirements of section 1415-D. A copy of the signed certification must be provided by the electric transmission and distribution utility to the Department of Economic and Community Development, Energy Conservation Division or a successor agency charged with administering energy building standards.
2. Form. The Commissioner of Economic and Community Development shall develop a model certification form to be used by electric transmission and distribution utilities under subsection 1.
3. Fee. An electric A transmission and distribution utility may charge a reasonable fee to cover its costs of processing certificates under this section.
4. Penalties. An electric A transmission and distribution utility that knowingly violates subsection 1 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 must be adjudged. An owner of a building who falsely certifies that a building complies with the standards established under section 1415-D commits a civil violation for which a forfeiture of not less than $100 and not more than 5% of the value of the construction must be adjudged.
Sec. 5. 12 MRSA §685-A, sub-§11, as amended by PL 1973, c. 569, §10, is further amended to read:
11. Public utility exemptions. Real estate used or to be used by a public service corporation utility, as defined in Title 35-A, section 102, subsection 13, may be wholly or partially exempted from regulation to the extent that the commission may not prohibit such use but may impose terms and conditions for use consistent with the purpose of this chapter, when, upon timely petition to the Public Utilities Commission and after a hearing, the said commission Public Utilities Commission determines that such exemption is necessary or desirable for the public welfare or convenience.
Sec. 6. 14 MRSA §6045, as enacted by PL 1993, c. 183, §1, is amended to read:
§6045. Disclosure of transmission and distribution utility costs
Upon request, an electric a transmission and distribution utility, as defined in Title 35-A, section 102, shall provide free of charge to current or prospective customers, tenants or property owners residential electric energy consumption and cost information for a dwelling unit for the prior 12-month period or figures reflecting the highest and lowest electric energy consumption and cost for the previous 12 months. The cost must include and separately identify the cost of the transmission and distribution utility's services and the cost of electricity. If a unit has been occupied for a period of less than 12 months or for any other reasons the utility does not have information regarding electricity consumption or costs for a period of 12 months, the electric utility shall estimate the unit's annual kilowatt-hour consumption and or cost. The estimated cost must be based on the applicable standard-offer service price or default service price established by the Public Utilities Commission. Provision of this information is neither a breach of customer confidentiality nor a guarantee or contract by the utility as to future consumption levels for or the cost of the provision of electricity to that unit. For purposes of this section, "dwelling unit" includes mobile homes, apartments, buildings or other structures used for human habitation.
Sec. 7. 17 MRSA §3204, 2nd ¶, as amended by PL 1991, c. 315, is further amended to read:
This section does not apply to: The operation or maintenance of common, contract and private carriers; taxicabs; airplanes; newspapers; radio and television stations; hotels, motels, rooming houses, tourist and trailer camps; restaurants; garages and motor vehicle service stations; retail monument dealers; automatic laundries; machines that vend anything of value, including, but not limited to, a product, money or service; a satellite facility approved by the Superintendent of Banking under Title 9-B; or comparable facility approved by the appropriate federal authority; pharmacies; greenhouses; seasonal stands engaged in sale of farm produce, dairy products, sea food seafood or Christmas trees; public utilities; industries normally kept in continuous operations, including, but not limited to, electric generation plants, pulp and paper plants and textile plants; processing plants handling agricultural produce or products of the sea; ship chandleries; marinas; establishments primarily selling boats, boating equipment, sporting equipment, souvenirs and novelties; motion picture theatres; public dancing; sports and athletic events; bowling alleys; displaying or exploding fireworks, under Title 8, chapter 9-A; musical concerts; religious, educational, scientific or philosophical lectures; scenic, historic, recreational and amusement facilities; real estate brokers and real estate sales representatives; mobile home brokers and mobile home sales representatives; provided that this section does not exempt the businesses or facilities specified in sections 3205 and 3207 from closing in any municipality until the requirements of those sections have been met; stores wherein no more than 5 persons, including the proprietor, are employed in the usual and regular conduct of business; stores which have no more than 5,000 square feet of interior customer selling space, excluding back room storage, office and processing space; and stores with more than 5,000 square feet of interior customer selling space which engage in retail sales and which do not require, as a condition of employment, that their employees work on Sundays. If an employer decreases the average weekly work hours of an employee who has declined to work on Sundays, it is prima facie evidence that the employer has required Sunday work as a condition of employment in violation of this section, unless the employer and employee agreed that the employee would work on Sundays when the employee was initially hired. In no event, however, may any store having more than 5,000 square feet of interior customer selling space be open on Easter Day, Thanksgiving Day and Christmas Day.
Sec. 8. 17-A MRSA §357, sub-§5, as enacted by PL 1993, c. 106, §1, is amended to read:
5. Proof that utility services or electricity services have been improperly diverted or that devices belonging to the utility or electricity service provider and installed for the delivery, regulation or measurement of utility services or electricity services have been interfered with constitutes prima facie evidence that the person to whom the utility service or electricity service is being delivered or diverted knowingly created or caused to be created the improper diversion or interference with the devices of the utility or electricity service provider. This inference does not apply unless the person to whom the utility service or electricity service is being delivered has been furnished the service for at least 30 days.
For purposes of this subsection, "electricity service" means electric billing and metering services, as defined in Title 35-A, section 3201, subsection 8, and the service of a competitive electricity provider as defined in Title 35-A, section 3201, subsection 5.
Sec. 9. 20-A MRSA §8354, sub-§1, ¶A, as amended by PL 1991, c. 716, §7, is further amended to read:
A. Adding the amounts paid by the center, satellite program or region during the previous fiscal year for:
(1) Teachers' salaries;
(2) Fuel;
(3) Janitorial services;
(4) Textbooks;
(5) Reference books;
(6) School supplies for desk and laboratory use;
(7) Public utility services;
(8) Replacement of instructional equipment;
(9) Insurance;
(10) Compensation for the applied technology director and the applied technology director's assistants; and
(11) Employee fringe benefits; and
(12) Electricity services provided by competitive electricity providers or other enti-ties authorized by the Public Utilities Commission to provide electricity services;
Sec. 10. 20-A MRSA §8354, sub-§2, as amended by PL 1991, c. 518, §10, is further amended to read:
2. Alternate method. When the cost of fuel, janitorial services, public utility services, electricity services or insurance for facilities used to provide vocational education can not be separated from similar costs for other facilities not used to provide vocational education, the costs of facilities used to provide vocational education are determined by prorating the square footage of floor space used to provide vocational education to the total amount of floor space at the facilities.
Sec. 11. 30-A MRSA §2252, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
§2252. "Political subdivision" defined
"Political subdivision" means any municipality, plantation, county, quasi-municipal corporation and special purpose district, including, but not limited to, any water district, sanitary district, hospital district, municipal electric transmission and distribution utility and school administrative unit. "School administrative unit" has the same meaning as found in Title 20-A, section 1, subsection 26.
Sec. 12. 30-A MRSA §4152, sub-§2, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
2. Public utilities. The electrical work and equipment employed in connection with the construction, installation, operation, repair or maintenance of any utility facility by a public utility corporation, as defined in Title 35-A, section 102, or by a sewer district or sanitary district in providing its authorized service, or in any way incidental to providing that service;
Sec. 13. 32 MRSA §1102, sub-§1-A, as amended by PL 1997, c. 576, §1, is further amended to read:
1-A. Public service corporations. A public service corporation or an employee of a public service corporation making electrical installations in the course of the employee's employment, including installations of conductors and equipment that are not under the exclusive control of the electric utilities public service corporation and are used to connect the electric utility public service corporation supply system to the service entrance conductors of the premises served, including such installations of conductors and equipment that are outside a building or terminate immediately inside a building. This exception does not apply to the installation of mobile home service equipment;
Sec. 14. 32 MRSA §1104, first ¶, as amended by PL 1995, c. 325, §8, is further amended to read:
State electrical inspectors, upon an oral complaint of imminent danger or upon written complaint of any owner, lessee or tenant of a building, state fire inspector, fire chief, fire department inspector, personnel of an electric a transmission and distribution utility or local electrical inspector or whenever they determine it necessary at all reasonable hours, for purposes of examination, may enter into and upon all buildings or premises within their jurisdiction and inspect the same. They may enter any building only with the permission of the person having control thereof, or after hearing, upon order of court. Whenever any state electrical inspector finds any electrical installation in any building or structure that does not comply with this chapter, the inspector shall order the same to be removed or remedied and the owner or occupant of the premises or buildings shall immediately comply with the order. Whenever any state electrical inspector finds any electrical installation in any building or structure that creates a danger to other property or to the public, the inspector may forbid use of the building or structure by serving a written order upon the owner and the occupant, if any, to vacate within a reasonable period of time to be stated in the order.
Sec. 15. 32 MRSA §2315, sub-§1, as enacted by PL 1999, c. 386, Pt. J, §8, is amended to read:
1. Inspection. State oil and solid fuel compliance officers, upon written complaint of any owner, lessee or tenant of a building, state fire inspector, fire chief, fire department inspector, personnel of an electric a transmission and distribution utility or local electrical inspector, or whenever they consider it necessary, for purposes of examination of the burner, chimney or fireplace installation, may at all reasonable hours enter into and upon all buildings or premises within their jurisdiction and inspect the buildings or premises. The inspectors may enter any building only with the permission of the person having control of the building or, after hearing, upon order of the court. Whenever any such compliance officer finds any burner, chimney or fireplace installation in any building or structure that does not comply with the requirements of this chapter, that officer shall order the burner, chimney or fireplace to be removed or remedied, and the order must forthwith be complied with by the owner or occupant of that building or structure or the installer of the equipment. If the compliance officer finds an installation, which falls under the compliance officer's jurisdiction in any building or structure that creates a danger to other property or to the public, the compliance officer may forbid the use of the building or structure by serving a written order upon the owner and the occupant, if any, to vacate within a reasonable period of time to be stated in the order.
Sec. 16. 33 MRSA §1952, sub-§3-A is enacted to read:
3-A. Competitive electricity provider. "Competitive electricity provider" has the same meaning as defined in Title 35-A, section 3201, subsection 5.
Sec. 17. 33 MRSA §1953, sub-§1, ¶M, as enacted by PL 1997, c. 508, Pt. A, §2 and affected by §3, is amended to read:
M. A deposit or refund owed to a subscriber by a utility or by a competitive electricity provider, one year after the deposit or refund becomes payable;
Sec. 18. 35-A MRSA §3203, sub-§4, as enacted by PL 1997, c. 316, §3, is amended to read:
4. Consumer protection provisions. As a condition of licensing, a competitive electricity provider that provides or proposes to provide generation service to a customer, wherever located, with a demand of 100 kilowatts or less residential consumer or to a small commercial consumer:
A. May not terminate generation service without at least 30 day 30-day prior notice to the customer consumer;
B. Must offer service to the customer consumer for a minimum period of 30 days;
C. Must allow the customer consumer to rescind selection of the competitive electricity provider orally or in writing within 5 days of initial selection;
D. May not telemarket services to the customer consumer if the customer consumer has filed with the commission a written request not to receive telemarketing from competitive electricity providers;
E. Must provide to the customer consumer within 30 days of contracting for retail service a disclosure of information provided to the commission pursuant to rules adopted under subsection 3 in a standard written format established by the commission; and
F. Must comply with any other provisions applicable standards or requirements adopted by the commission by rule or order.
For purposes of this subsection, "residential consumer" means a consumer defined as residential under the terms and conditions of the consumer's transmission and distribution utility. For purposes of this subsection, "small commercial consumer" means, in the case of a consumer served by an investor-owned transmission and distribution utility, a nonresidential consumer that meets the availability criteria to take service under a core customer class of the transmission and distribution utility that does not pay a demand charge to the transmission and distribution utility or, in the case of a consumer served by a consumer-owned transmission and distribution utility, a nonresidential consumer with a demand of 20 kilowatts or less.
Sec. 19. 35-A MRSA §3203, sub-§4-A is enacted to read:
4-A. General consumer protections. As a condition of licensing, a competitive electricity provider:
A. Shall obtain a consumer's authorization before serving the consumer;
B. May not release to any other entity, other than for purposes of debt collection or credit reporting pursuant to state and federal law or to law enforcement agencies pursuant to lawful process, any personal information regarding a customer, including name, address, telephone number, usage and historical payment information, without the consent of the customer;
C. Must comply with the provisions of the Maine Unfair Trade Practices Act, Title 5, chapter 10;
D. May not collect or seek to collect unreasonable costs from a customer who is in default;
E. Must comply with all applicable provisions of the federal Equal Credit Opportunity Act, 15 United States Code, Sections 1691 to 1691f;
F. May not initiate a telephone solicitation call to a consumer who has notified the competitive electricity provider of the consumer's wish not to receive telephone solicitation calls made by or on behalf of the competitive electricity provider;
G. Must provide at least once annually to a customer any information disclosures required by the commission by rule pursuant to subsection 3; and
H. Must comply with any other applicable standards or requirements established by the commission by rule.
Sec. 20. 35-A MRSA §3203, sub-§8, as enacted by PL 1997, c. 316, §3, is amended to read:
8. Dispute resolution. The commission shall resolve disputes between competitive electricity providers and retail consumers of electricity concerning standards or requirements established by or pursuant to subsection 4, 4-A or 6.
Sec. 21. 36 MRSA §1760, sub-§9-B, as amended by PL 1999, c. 414, §19, is further amended to read:
9-B. Residential electricity. Sale and delivery of the first 750 kilowatt hours of residential electricity per month. For the purpose of this subsection, "residential electricity" means electricity furnished to homes, mobile homes, boarding homes and apartment houses, with the exception of hotels and motels. Where residential electricity is furnished through one meter to more than one residential unit and where the electric transmission and distribution utility applies its tariff on a per unit basis, the furnishing of electricity is considered a separate sale for each unit to which the tariff applies. For purposes of this subsection, "delivery" means transmission and distribution;
Sec. 22. 38 MRSA §353-A, sub-§6, as amended by PL 1993, c. 412, §3, is repealed.
Sec. 23. 38 MRSA §487-A, sub-§2, as amended by PL 1997, c. 72, §1, is further amended to read:
2. Power generating facilities. In case of a permanently installed power generating facility of more than 1,000 kilowatts or a transmission line carrying 100 kilovolts, or more, proposed to be erected within this State by an electric a transmission and distribution utility or utilities, the proposed development, in addition to meeting the requirements of section 484, must also have been approved by the Public Utilities Commission under Title 35-A, section 3132.
In the event that an electric a transmission and distribution utility or utilities file a notification pursuant to section 485-A before they are issued a certificate of public convenience and necessity by the Public Utilities Commission, they shall file a bond or, in lieu of that bond, satisfactory evidence of financial capacity to make that reimbursement with the department, payable to the department, in a sum satisfactory to the commissioner and in an amount not to exceed $50,000. This bond or evidence of financial capacity must be conditioned to require the applicant to reimburse the department for its cost incurred in processing any application in the event that the applicant does not receive a certificate of public convenience and necessity.
Sec. 24. 38 MRSA §603-A, sub-§2, as amended by PL 1989, c. 501, Pt. CC, §1, is further amended by amending the first paragraph to read:
2. Prohibitions. Except as provided in subsections 4, 4-A and 5, no person may use any liquid fossil fuel with a sulfur content exceeding the limits in paragraph A or any solid fossil fuel with a sulfur content to heat content ratio exceeding the limits of paragraph B.
Sec. 25. 38 MRSA §603-A, sub-§4-A, as enacted by PL 1989, c. 501, Pt. CC, §3, is repealed.
Sec. 26. 38 MRSA §1304-B, sub-§5-A, ¶D, as enacted by PL 1997, c. 602, §2 and affected by §3, is amended to read:
D. Notwithstanding any limitation imposed by Title 30-A, chapter 223, subchapter III-A, or any other limitation on investments imposed on a member pursuant to state law, each member may invest its funds in and participate in the ownership of:
(1) One or more solid waste disposal facilities;
(2) An entity that owns one or more solid waste disposal facilities;
(3) An electric utility or A transmission and distribution utility that has a power purchase agreement with the owners of a solid waste disposal facility that, in turn, has a solid waste disposal contract with the member;
(4) An electric power generation company established by A competitive electricity provider, as defined in Title 35-A, section 3201, affiliated with a public utility whether or not it is regulated by the Public Utilities Commission or a successor state agency; and
(5) A subsidiary entity formed by an electric a transmission and distribution utility.
Sec. 27. 38 MRSA §2232, sub-§3, as enacted by PL 1991, c. 676, §1, is amended to read:
3. Revenue. The total revenue of the incineration facility from all sources for the last completed fiscal year and each month of that year. Revenue figures must identify revenues from each revenue source, including, but not limited to, tipping fees and any revenue from sales of electricity to electric transmission and distribution utilities;
Sec. 28. Changes to Public Utilities Commission rules. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, chapter 375, the Public Utilities Commission may amend the following rules in the following manner to bring them into conformity with the provisions of this Act without holding hearings or conducting other formal proceedings.
1. The Public Utilities Commission shall amend Chapter 305: Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Provision of Electricity to bring it into conformity with the provisions of this Act by amending section 4, subsection A, paragraph 1 to provide that the consumer protections established under section 4 of that rule apply to residential and small commercial consumers as defined in the Maine Revised Statutes, Title 35-A, section 3203, subsection 4. Nothing in this subsection may be interpreted as converting any portion of Chapter 305 into a major substantive rule pursuant to Title 5, chapter 375, subchapter II-A.
2. The Public Utilities Commission shall amend Chapter 306: Uniform Information Disclosure and Informational Filing Requirements to bring it into conformity with the provisions of this Act by amending section 2, subsection A, paragraph 3 to provide that the uniform information disclosure requirements established under section 2 of that rule apply to residential and small commercial consumers as defined in the Maine Revised Statutes, Title 35-A, section 3203, subsection 4. Modification of the rule consistent with this subsection does not require further legislative approval pursuant to Title 5, chapter 375, subchapter II-A.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 10, 2000.
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