Title 35-A

This chapter may be known and cited as "the Wood-fired Combined Heat and Power Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 604, §3 (NEW).] 1. Combined heat and power project. "Combined heat and power project" means a facility that uses wood fuel to generate electric heat and …

1. Program established. The combined heat and power program, referred to in this chapter as "the program," is established to encourage the development in the State of combined heat and power projects that will promote the climate action plan developed in accordance with Title 38,…

1. Investor-owned transmission and distribution utilities; required participation. Notwithstanding section 3204, the commission may direct an investor-owned transmission and distribution utility to enter into long-term contracts for energy with one or more program participants if…

The commission may adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

The commission shall develop and administer a system to register and track the development of combined heat and power projects under this chapter and by January 15, 2023, and biennially thereafter, shall report to the joint standing committee of the Legislature having jurisdictio…

1. Regulatory approval. The development, siting and operation of a combined heat and power project is subject to all applicable regulatory reviews and approvals required by governmental entities, including, but not limited to, municipalities and state agencies, pursuant to law, o…

This chapter shall be known and may be cited as the "Rural Electrification Cooperative Enabling Act."

Cooperative nonprofit membership corporations may be organized under this chapter for the purpose of supplying electricity and promoting and extending the use of electricity.

As used in this chapter, unless the context otherwise indicates, the following words have the following meanings: [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Person. "Person" means person as defined in section 102 or any public agency, state or political subdivision or agency of the S…

The name of a cooperative shall be distinct from the name of any other cooperative or corporation organized under the laws of, or authorized to do business in this State.

Revenues of a cooperative for any fiscal year shall be applied as follows: [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Expenses. To defray the expenses of the operation and maintenance of the facilities of the cooperative during the fiscal year; 2. Interest and obligations. To pay int…

No member may be liable or responsible for any debts of the cooperative and the property of the members may not be subject to execution for the cooperative's debts. This section does not apply to a generation and transmission cooperative organized in accordance with subchapter IV…

All after-acquired property of a cooperative or foreign corporation described or referred to as being mortgaged or pledged in a mortgage, deed of trust or other instrument is subject to the lien on that property immediately upon the acquisition of the property by the cooperative …

The Secretary of State shall charge and collect for filing articles of incorporation, articles of amendment, articles of consolidation or articles of conversion a fee of $5, and for filing certificate of election to dissolve, articles of dissolution or certificate of change of pr…

Cooperatives are public utilities and subject to this Title, notwithstanding any public or private and special laws to the contrary. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Commission to hear complaints. Any person who has been refused membership in or service by a cooperative or …

1. Articles filed by Secretary of State. Articles of incorporation, amendment, conversion or dissolution, when executed and acknowledged and accompanied by such affidavits as may be required by this chapter, must be presented to the Secretary of State for filing in the records of…

Five or more natural persons or 2 or more cooperatives may organize a cooperative in the manner provided in this subchapter. [PL 1987, c. 141, Pt. A, §6 (NEW).] This section does not apply to a generation and transmission cooperative organized in accordance with subchapter IV.

1. Contents of articles. The articles of incorporation of a cooperative shall recite that they are executed pursuant to this chapter and shall state: A. The name of the cooperative; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The address of its principal office; [PL 1987, c. 141, Pt. …

1. Trustees adopt first bylaws. The board of trustees shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion or consolidation. 2. Members adopt, amend or repeal following bylaws. After the first bylaws have been adopted, the members sha…

1. Incorporators are members. Each incorporator of a cooperative is a member of the cooperative, but no other person may become a member unless that person agrees to use transmission and distribution service or other services furnished by the cooperative when they are made availa…

1. Annual meetings. An annual meeting of the members of a cooperative shall be held at such time and place as provided in the bylaws. 2. Special meetings. Special meetings of the members may be called by the president, by the board of trustees, by any 3 trustees or by not less th…

Any person entitled to notice of a meeting may waive the notice in writing either before or after the meeting. If the person attends the meeting, that person's attendance constitutes a waiver of notice of the meeting, unless the person participates in the meeting solely to object…

1. Number and qualifications. A board of not less than 5 trustees shall manage the business of a cooperative. Each trustee shall be a member of the cooperative or of another cooperative which is a member of the cooperative. The bylaws shall prescribe the number of trustees, their…

The bylaws may provide for the division of the territory served or to be served by a cooperative into 2 or more districts for any purpose, including, without limitation, the nomination and election of trustees and the election and functioning of district delegates. In such case, …

The officers of a cooperative consist of a president, vice-president, secretary and treasurer, who must be elected annually by and from the board of trustees. When a person holding office ceases to be a trustee, that person ceases to hold office. The offices of secretary and of t…

A cooperative may: [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Sue. Sue in its corporate name; 2. Be sued. Be sued in its corporate name; 3. Seal. Adopt and alter a corporate seal; 4. Use of electricity. Generate, manufacture, purchase, acquire, accumulate and transmit electricity, an…

A cooperative may amend its articles of incorporation as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Meeting and notice. The proposed amendment shall be presented to a meeting of the members. The proposed amendment shall be set forth in or attached to the notice of the meetin…

A cooperative may, upon authorization of its board of trustees or its members, change the location of its principal office by filing a certificate reciting the change, executed and acknowledged by its president or vice-president under its seal, attested by its secretary, in the o…

A corporation organized on a cooperative plan under the laws of this State and supplying or authorized to supply electric energy may be converted into a cooperative by complying with the following requirements and shall upon compliance be subject to this chapter with the same eff…

1. When a cooperative has not commenced business. A cooperative which has not commenced business may be dissolved by delivery to the Secretary of State articles of dissolution which shall be executed and acknowledged on behalf of the cooperative by a majority of the incorporators…

One or more cooperatives formed under this Title may organize and control a cooperative having as its principal purpose the generation, manufacture, purchase, acquisition, accumulation, transmission, sale, supply and disposal of electric energy. Such a cooperative shall have all …

Cooperatives formed under this subchapter are public utilities and subject to the requirements of this Title, except for those requirements of this chapter which are inconsistent with the operation of cooperatives formed under this subchapter, notwithstanding any public or privat…

This chapter may be known and cited as "the Beneficial Electrification Policy Act."

For the purposes of this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 328, §1 (NEW).] 1. Beneficial electrification. "Beneficial electrification" has the same meaning as in section 10102, subsection 3‑A. 1-A. Benef…

1. Petition for renewable resources procurement. 2. Plan for promoting beneficial electrification for end uses of energy. The trust shall develop a 3-year beneficial electrification plan for end uses of energy as part of the trust's triennial plan in accordance with section 10104…

The commission shall advance through its decisions and orders beneficial electrification in order to achieve the emission reduction and renewable energy goals of the State, reduce energy costs to consumers and provide economic and climate benefits for all ratepayers.

1. Commission report. The commission shall include in its annual report under section 120, subsection 7 a summary of its activities in accordance with this chapter. 2. Department report. The department shall include in its annual report under section 10305, subsection 3 a summary…

This chapter shall be known and may be cited as the "Municipal Electric District Enabling Act."

The purpose of each municipal power district formed under this chapter is to generate, supply or extend the efficient use of electricity for public purposes and for the health, welfare, comfort and convenience of the inhabitants of the district.

A municipal power district may be formed under the following provisions. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. By municipal officers. The municipal officers of any municipality may, by majority vote, determine that a municipal power district should be established under the terms…

Two or more municipalities may form a multimember municipal power district under the following provisions. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. By municipal officers. The municipal officers of each municipality may, by majority vote, determine that a municipal power district sh…

Any quasi-municipal district organized under the private and special laws that is a transmission and distribution utility within the meaning of section 102 may reorganize in accordance with this chapter. In addition to the methods of sections 3903 and 3904, the trustees may, by m…

A municipal power district shall be organized under the following provisions. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Trustee. Upon formation of a district under section 3903, all the affairs of the district must be managed by a board of 3 trustees who must be residents of the dis…

A municipal power district formed under section 3904 shall be organized under the following provisions. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Trustees. Upon formation of a district under section 3904, all the affairs of the district must be managed by a board of trustees compris…

A district may: [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Sue. Sue or be sued in its capacity as a district; 2. Electricity. Generate, manufacture, purchase, acquire, accumulate, transmit, distribute, sell, supply and dispose of electricity to individuals and corporations within the…