APPROVED CHAPTER
APRIL 9, 2024 596
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 972 - L.D. 2254
An Act to Clarify Permissible Election and Lobbying Expenditures by
Consumer-owned Utilities and the Casco Bay Island Transit District
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, legislation was enacted during the First Special Session of the 131st
Legislature amending the laws governing political expenditures, lobbying expenditures,
trade association contributions and educational expenditures made by a public utility or an
affiliated interest; and
Whereas, the new provisions of law include exemptions for consumer-owned water
utilities related to educational expenditures and trade association contributions but not for
lobbying expenditures or certain local referendum election expenditures; and
Whereas, the Public Utilities Commission is currently engaging in rulemaking that
will include interpreting the new laws; however, rulemaking will not be completed before
adjournment of the Second Regular Session of the 131st Legislature; and
Whereas, the Public Utilities Commission, through the rule-making process, could
interpret the new laws to effectively prohibit or significantly limit a consumer-owned utility
from engaging in lobbying activities or activities necessary to finance legally required
trustee elections or referendum elections and notify the public about those elections; and
Whereas, in the judgment of the Legislature, it is important to clarify these new laws
with respect to consumer-owned utilities during the Second Regular Session of the 131st
Legislature and for the changes to take effect earlier than 90 days after the date of
adjournment; 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:
Page 1 - 131LR3104(03)
Sec. 1. 35-A MRSA §302, sub-§2, ¶A, as enacted by PL 2023, c. 286, §1, is
amended to read:
A. Contributions or gifts to political candidates, political parties, political or legislative
committees or any committee or organization working to influence referendum
petitions or elections. Nothing in this paragraph prohibits a consumer-owned water
utility, a consumer-owned transmission and distribution utility or the Casco Bay Island
Transit District, created by Private and Special Law 1981, chapter 22, from undertaking
expenditures related to notifying the public of or conducting trustee elections or local
referendum elections directly related to or legally required for the operation of a
consumer-owned water utility, consumer-owned transmission and distribution utility
or the Casco Bay Island Transit District;
Sec. 2. 35-A MRSA §302, sub-§2, ¶C, as enacted by PL 2023, c. 286, §1, is
amended to read:
C. Expenditures for lobbying or grassroots lobbying. This paragraph does not apply
to a consumer-owned water utility, a consumer-owned transmission and distribution
utility or the Casco Bay Island Transit District, created by Private and Special Law
1981, chapter 22; and
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
Page 2 - 131LR3104(03)
Statutes affected: Bill Text LD 2254, SP 972: 35-A.302
Bill Text ACTPUB , Chapter 596: 35-A.302