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RESOLVES
First Regular Session of the 121st

CHAPTER 46
H.P. 1091 - L.D. 1494

Resolve, Regarding Legislative Review of Chapter 306: Information Disclosure Rule Amendment, a Major Substantive Rule of the Public Utilities Commission

     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 Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and

     Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and

     Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; 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

     Sec. 1. Adoption. Resolved: That final adoption of Chapter 306: Information Disclosure Rule Amendment, a provisionally adopted major substantive rule of the Public Utilities Commission that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the rule is modified as follows:

     1. In that portion designated §2 (B) (4), the sentence is removed that provides that fuel cells and geothermal, solar, tidal and wind power must be separately identified on the label only if contained in the competitive electricity provider's actual fuel mix; and

     2. The sample label attached to the rule is amended as necessary to conform with the change required under subsection 1.

     The Public Utilities Commission is not required to hold hearings or conduct other formal proceedings prior to finally adopting the rule in accordance with this resolve.

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

Effective May 23, 2003.

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