PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Enhance Public Participation in Decisions Relating to the Large-scale Extraction and Transportation of Water
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §6109-B, as enacted by PL 2009, c. 37, §1, is amended to read:
§ 6109-B.Contracts for large-scale extraction or transportation of water
Except as provided in subsection 5, this section governs any contract or agreement between a consumer-owned water utility, a municipality or the Maine Land Use Regulation Commission and another entity that involves the large-scale extraction of water andor the large-scale transportation of water.
 
1. Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A. "Large-scale extraction of water" means the extraction of water that is required to be permitted, certified, reported or approved pursuant to:
 
(1) The in-stream flow provisions of Title 38, section 470-H;
 
(2) The requirements for significant groundwater wells under Title 38, section 480-B;
 
(3) The site location of development law requirements for a development of state or regional significance that may substantially affect the environment as provided in Title 38, section 482, subsection 2; or
 
(4) The water withdrawal reporting program under Title 38, chapter 3, subchapter 1, article 4-B.
 
B. "Large-scale transportation of water" means the transportation of water for commercial purposes by pipeline or other conduit or by tank truck or in a container, greater in size than 10 gallons, beyond the boundaries of the municipality or township in which the water is naturally located or of any bordering municipality or township.
 
2. Public meeting required.   A consumer-owned water utility may not enter into a contract or agreement subject to this section until at least 30 days after holding a public meeting on the proposed contract or agreement in accordance with this subsection. The public meeting must include:
 
A. A presentation by the consumer-owned water utility of the terms and conditions of the proposed contract or agreement and the criteria to be used by the utility to decide whether to enter into the contract or agreement; and
 
B. An opportunity for public comment on the proposed contract or agreement.
 
3. Public notice required.   The consumer-owned water utility shall, at least 30 days prior to the public meeting required under subsection 2, give written notice of the public meeting and the proposed contract or agreement in accordance with this subsection. The notice must include the date, time, place and purpose of the meeting.
 
A. The consumer-owned water utility shall give one written notice to each of its customers.
 
B. The consumer-owned water utility shall give written notice to the commission, the Office of the Public Advocate and the municipality or municipalities where the source of water is located.
 
C. The consumer-owned water utility shall publish one notice in a newspaper of general circulation in the area served by the consumer-owned water utility.
 
4. Copy available for inspection.   Prior to the public meeting required under subsection 2, the consumer-owned water utility shall make available for public inspection a copy of the proposed contract or agreement.
 
5. Exceptions.   This section does not apply to a contract or agreement between a consumer-owned water utility, a municipality or the Maine Land Use Regulation Commission and another entity that involves the large-scale extraction of water and the large-scale transportation of water when:
 
A.  The entity entering into a contract or agreement with the consumer-owned water utility is:
 
(1) An existing customer of the consumer-owned water utility; or
 
(2) A water utility; or
 
B. The large-scale transportation of water meets the exceptions provided in Title 22, section 2660-A, subsection 2, paragraph B, C or D.
 
6. Rulemaking.   The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
7.  Ratification.     Prior to entering into a contract for large-scale extraction or transportation of water, the governing body of a consumer-owned water utility or a municipality or the Maine Land Use Regulation Commission shall submit the proposed contract for approval by the voters of each municipality in which the consumer-owned water utility operates, the municipality or, in the case of the Maine Land Use Regulation Commission, the county impacted by the proposed large-scale extraction or transportation of water. In the case of a consumer-owned water utility or a municipality, the voters may approve the proposed contract at a town meeting. In the case of a consumer-owned water utility, all of the voters in a municipality in which that utility operates are eligible to vote pursuant to this subsection, regardless of whether they are served by that utility or live in the territory served by that utility. If there is more than one municipality within the territory of the consumer-owned water utility, the voters of each municipality must approve the contract. A referendum must be conducted according to the laws governing referenda for that municipality or county. The governing body of a consumer-owned water utility, a municipality or the Maine Land Use Regulation Commission may not sign the proposed contract unless it is approved by the voters as provided in this subsection.
 
A.  A referendum under this subsection regarding the large-scale extraction or transportation of water may not occur more than one time in a 12-month period.
 
B.  A municipality or county may require the party to the proposed contract that is not a consumer-owned water utility, a municipality or the Maine Land Use Regulation Commission to bear the costs of a referendum under this subsection conducted outside of that municipality's or county's normally scheduled voting periods for the sole purpose of voting on that party's request.
 
SUMMARY
This bill requires approval by the voters before a consumer-owned water utility, a municipality or the Maine Land Use Regulation Commission and another entity may enter into a contract that involves the large-scale extraction of water or the large-scale transportation of water. In the case of a consumer-owned water utility or a municipality, the voters may approve the proposed contract at a town meeting. The bill also removes the exceptions to the laws governing contracts for the large-scale extraction of water and some of the exceptions to the laws governing contracts for the large-scale transportation of water.