CHAPTER 136
H.P. 973 - L.D. 1297
An Act to Ensure Proper Funding of the Public Utilities Commission
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is necessary that the Public Utilities Commission have sufficient funds to carry out its statutory obligations; and
Whereas, wholesale electricity markets are currently unsettled regionally and nationally, and electricity market rules and federal telecommunications rules are being developed and will significantly impact the overall prices that Maine's electricity and telephone consumers pay; and
Whereas, during fiscal year 2000-01, the Public Utilities Commission must maintain its ongoing responsibilities while continuing to participate in regional and national activities that will impact Maine's consumers; 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. 35-A MRSA §116, sub-§1, as amended by PL 1999, c. 398, Pt. C, §1, is further amended to read:
1. Utilities subject to assessments. Every transmission and distribution, gas, telephone and water utility and ferry subject to regulation by the commission is subject to an assessment on its intrastate gross operating revenues to produce no more than $4,918,000 in revenues annually. The commission shall increase the assessment to produce an additional $318,000 during fiscal year 2001-02 and an additional $587,000 during fiscal year 2002-03. The commission shall assess transmission and distribution utilities at a rate sufficient to produce $3,370,000 and shall assess all other utilities at a rate sufficient to produce $1,548,000. The commission shall increase the assessment of transmission and distribution utilities to produce an additional $218,000 during fiscal year 2001-02 and an additional $402,000 during fiscal year 2002-03. The commission shall increase the assessment of all other utilities to produce an additional $100,000 during fiscal year 2001-02 and an additional $185,000 during fiscal year 2002-03. The commission shall determine the assessments annually prior to May 1st and assess each utility for its pro rata share for expenditure during the fiscal year beginning July 1st. Each utility shall pay the assessment charged to the utility on or before July 1st of each year. Any increase in the assessment that becomes effective subsequent to May 1st may be billed on the effective date of the act authorizing the increase.
A. The assessments charged to utilities under this section are just and reasonable operating costs for rate-making purposes.
B. For the purposes of this section, "intrastate gross operating revenues" means intrastate revenues derived from filed rates, except revenues derived from sales for resale.
C. Gas utilities subject to the jurisdiction of the commission solely with respect to safety are not subject to any assessment.
D. The commission may correct any errors in the assessments by means of a credit or debit to the following year's assessment rather than reassessing all utilities in the current year.
E. The commission may exempt utilities with annual intrastate gross operating revenues under $50,000 from assessments under this section.
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, for the purposes specified in 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.
Sec. 3. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
2000-01
PUBLIC UTILITIES COMMISSION
Public Utilities Commission Regulatory Fund
Personal Services ($300,000)
All Other 300,000
Transfers unexpended funds allocated for personnel salary to All Other account.
PUBLIC UTILITIES COMMISSION __________
TOTAL $0
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 14, 2001.
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