Maine Revised Statutes Title 35-A Sec. 302 – Limitations on rates
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1. Contributions to political groups or candidates.
[PL 2023, c. 286, §1 (RP).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 302
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102
- Transmission and distribution utility: means a person, its lessees, trustees or receivers or trustees appointed by a court, owning, controlling, operating or managing a transmission and distribution plant for compensation within the State, except where the electricity is distributed by the entity that generates the electricity through private property alone solely for the use of:
A. See Maine Revised Statutes Title 35-A Sec. 102Water utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing any water works for compensation within this State, including any aqueduct organized under former Title 35, chapter 261 and any of its predecessors. See Maine Revised Statutes Title 35-A Sec. 102
1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Affiliated interest” has the same meaning as in section 707, subsection 1, paragraph A. [PL 2023, c. 286, §1 (NEW).]
B. “Consumer-owned transmission and distribution utility” has the same meaning as in section 3201, subsection 6. [PL 2023, c. 286, §1 (NEW).]
C. “Consumer-owned water utility” has the same meaning as in section 6101, subsection 1?A. [PL 2023, c. 286, §1 (NEW).]
D. “Grassroots lobbying” has the same meaning as in Title 3, section 312?A, subsection 7?B. [PL 2023, c. 286, §1 (NEW).]
E. “Lobbying” has the same meaning as in Title 3, section 312?A, subsection 9. [PL 2023, c. 286, §1 (NEW).]
F. “Public charity” has the same meaning as in Title 5, section 194, subsection 1. [PL 2023, c. 286, §1 (NEW).]
G. “Trade association” means a group of for-profit corporations collaborating to fund joint advocacy. [PL 2023, c. 286, §1 (NEW).]
[PL 2023, c. 286, §1 (NEW).]
2. Limitations on rates. The following expenses, whether paid directly or indirectly, through reimbursement or otherwise, incurred by a public utility or an affiliated interest may not be included or incorporated in operating expenses to be recovered in rates:
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; [PL 2023, c. 286, §1 (NEW).]
B. Contributions to a trade association, chamber of commerce or public charity, including, but not limited to, a charity managed by the public utility or affiliated interest. This paragraph does not apply to a consumer-owned water utility; [PL 2023, c. 286, §1 (NEW).]
C. Expenditures for lobbying or grassroots lobbying; and [PL 2023, c. 286, §1 (NEW).]
D. Educational expenditures, as defined by the commission by rule under section 302?A, unless approved by the commission as serving a public interest. Educational expenditures include expenditures relating to information delivered to the public or to public utility customers by radio, television, the Internet, print and other media or through sponsorships, paid endorsements and public relations campaigns. This paragraph does not apply to a consumer-owned transmission and distribution utility or a consumer-owned water utility. [PL 2023, c. 286, §1 (NEW).]
[PL 2023, c. 286, §1 (NEW).]
3. Political, charitable and educational expenses annual report. A public utility shall file a report annually with the commission containing a written, itemized description of any expenses that may not be included or incorporated in the public utility’s operating expenses under subsection 2. The report must also include a written, itemized description of the expenses that may not be included or incorporated in the public utility’s operating expenses under subsection 2 that are relevant to the business interests of the public utility paid by a membership organization, as defined by the commission by rule under section 302?A, of which the public utility is a member. For each expense, the report must include the date, the payee, the amount and a description of the purpose of the expense.
[PL 2023, c. 286, §1 (NEW).]
4. Major political activities quarterly report. In addition to the report required under subsection 3, if a public utility or an affiliated interest engages in major political activities, as defined by the commission by rule under section 302?A, the public utility shall file a quarterly report containing a written description of those major political activities and the expenditures associated with those activities. For each expenditure, the report must include the date, the payee, the amount and a description of the purpose of the expenditure.
[PL 2023, c. 286, §1 (NEW).]
5. Public inspection. The public utility shall make available for public inspection all materials filed with the commission in accordance with subsections 3 and 4. The commission shall make available the annual reports filed by public utilities in accordance with this section on its publicly accessible website with notice of the availability of the reports prominently displayed on the website.
[PL 2023, c. 286, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2023, c. 286, §1 (RPR).