Maine LD 1111: An Act Concerning Contracts And Agreement For Large-Scale Water Extraction

Bill Text

Page 1 - 131LR2100(03)
COMMITTEE AMENDMENT
1 L.D. 1111
2 Date: (Filing No. H- )
3 ENERGY, UTILITIES AND TECHNOLOGY
4 Reproduced and distributed under the direction of the Clerk of the House.
5 STATE OF MAINE
6 HOUSE OF REPRESENTATIVES
7 131ST LEGISLATURE
8 SECOND REGULAR SESSION
9 COMMITTEE AMENDMENT “ ” to H.P. 707, L.D. 1111, “An Act Concerning
10 Contracts and Agreement for Large-scale Water Extraction”
11 Amend the bill by striking out everything after the enacting clause and inserting the
12 following:
13 'Sec. 1. 35-A MRSA §6109-B, as amended by PL 2013, c. 381, Pt. B, §31, is further
14 amended to read:
15 §6109-B. Contracts for large-scale extraction and transportation of water
16 Except as provided in subsection 5, this section governs any contract or agreement
17 between a consumer-owned water utility and another entity that involves the large-scale
18 extraction of water and the large-scale transportation of water.
19 1. Definitions. As used in this section, unless the context otherwise indicates, the
20 following terms have the following meanings.
21 A. "Large-scale extraction of water" means the extraction of water that is required to
22 be permitted, certified, reported or approved pursuant to:
23 (1) The in-stream flow provisions of Title 38, section 470‑H;
24 (2) The requirements for significant groundwater wells under Title 38, section
25 480‑B;
26 (3) The site location of development law requirements for a development of state
27 or regional significance that may substantially affect the environment as provided
28 in Title 38, section 482, subsection 2; or
29 (4) The water withdrawal reporting program under Title 38, chapter 3, subchapter
30 1, article 4‑B.
31 B. "Large-scale transportation of water" means the transportation of water for
32 commercial purposes by pipeline or other conduit or by tank vehicle or in a container,
33 greater in size than 10 gallons, beyond the boundaries of the municipality or township
34 in which the water is naturally located or of any bordering municipality or township.

COMMITTEE AMENDMENT “ ” to H.P. 707, L.D. 1111
Page 2 - 131LR2100(03)
COMMITTEE AMENDMENT
1 1-A. Contract limitations; water utilities. A water utility may not enter into a
2 contract or agreement for the large-scale extraction of water and the large-scale
3 transportation of water with a term longer than 10 years. Notwithstanding subsection 5,
4 paragraph A, subparagraph (1), the requirements of this subsection apply when the entity
5 entering into the agreement or contract with the water utility is an existing customer of the
6 water utility.
7 2. Public meeting required; consumer-owned water utility. A consumer-owned
8 water utility may not enter into a contract or agreement subject to this section until at least
9 30 days after holding a public meeting on the proposed contract or agreement in accordance
10 with this subsection. The public meeting must include:
11 A. A presentation by the consumer-owned water utility of the terms and conditions of
12 the proposed contract or agreement and the criteria to be used by the utility to decide
13 whether to enter into the contract or agreement; and
14 B. An opportunity for public comment on the proposed contract or agreement.
15 3. Public notice required; consumer-owned water utility. The consumer-owned
16 water utility shall, at least 30 days prior to the public meeting required under subsection 2,
17 give written notice of the public meeting and the proposed contract or agreement in
18 accordance with this subsection. The notice must include the date, time, place and purpose
19 of the meeting.
20 A. The consumer-owned water utility shall give one written notice to each of its
21 customers.
22 B. The consumer-owned water utility shall give written notice to the commission, the
23 Office of the Public Advocate and the municipality or municipalities where the source
24 of water is located.
25 C. The consumer-owned water utility shall publish one notice in a newspaper of
26 general circulation in the area served by the consumer-owned water utility.
27 4. Copy available for inspection; consumer-owned water utility. Prior to the public
28 meeting required under subsection 2, the consumer-owned water utility shall make
29 available for public inspection a copy of the proposed contract or agreement.
30 5. Exceptions. This Except as provided in subsection 1-A, this section does not apply
31 to a contract or agreement between a consumer-owned water utility and another entity that
32 involves the large-scale extraction of water and the large-scale transportation of water
33 when:
34 A. The entity entering into a contract or agreement with the consumer-owned water
35 utility is:
36 (1) An existing customer of the consumer-owned water utility; or
37 (2) A water utility; or
38 B. The large-scale transportation of water meets the exceptions provided in Title 22,
39 section 2660‑A, subsection 2, paragraph B, C or D.
40 6. Rulemaking. The commission may adopt