Section 903-A - Electricity services1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Aggregator" has the same meaning as defined in Title 35-A, section 3201. [1999, c. 178, §1(NEW).]B. "Competitive electricity provider" has the same meaning as defined in Title 35-A, section 3201. [1999, c. 178, §1(NEW).]C. "Retail access" has the same meaning as defined in Title 35-A, section 3201. [1999, c. 178, §1(NEW).] [1999, c. 178, §1(NEW).]
2.Establishment. County commissioners may establish a county electricity agency, referred to in this section as an "agency," to serve as a public aggregator for any electricity consumers, public or private, located within a county. [1999, c. 178, §1(NEW).]
3.Powers. An agency is authorized to:A. Enter into agreements with electricity consumers located within a county to aggregate their electric service needs within that county for the purpose of purchasing electricity on a group basis on or after the beginning date of retail access; and [1999, c. 178, §1(NEW).]B. Exercise any other powers or authority that county commissioners are authorized to exercise and that the county commissioners expressly delegate to the agency. [1999, c. 178, §1(NEW).] An agency may not require any electricity consumer to join or be served by the agency.
[1999, c. 178, §1(NEW).]
4.Agency board; appointment; terms; vacancy. The affairs of an agency are managed by a board of 9 persons appointed by the county commissioners. All board members must be residents of the county and no more than 3 may reside in any one commissioner district established under section 66. Board members serve for a 3-year term of office and may be reappointed, except that members of the first board have the following staggered terms chosen by lot at the board's first meeting. A. Three members serve a one-year term. [1999, c. 178, §1(NEW).]B. Three members serve a 2-year term. [1999, c. 178, §1(NEW).]C. Three members serve a 3-year term. [1999, c. 178, §1(NEW).] When a vacancy occurs on the board as a result of death, resignation, removal from the county, permanent incapacity or for any other reason, the county commissioners shall appoint a person to fill the vacancy for the unexpired term of office.
[1999, c. 178, §1(NEW).]
5.Funding; expenses; liabilities. All funding of and expenditures by an agency, including compensation of board members, must be authorized in the county budget. In order to raise revenues to fund its operations, an agency may impose a charge on consumers served by the agency, as long as any such charges are clearly identified and disclosed to consumers. All revenues and expenses of an agency must be segregated from other county revenues and expenses and separately accounted. Nothing in this section may be construed to authorize an agency or a county through an agency to incur any indebtedness or liability on behalf of or payable by the State. Any debt or liability created or incurred by an agency or a county through an agency pursuant to this section is the responsibility of the agency or the county and does not constitute or create in any way a debt or liability of the State. An action taken by an agency or a county pursuant to any authority granted under this section may not be construed to constitute a pledge of the faith and credit of the State. All contracts entered into by an agency or a county pursuant to this section must contain a statement to the effect that the agency or county is solely responsible for all liabilities arising from the contract and that neither the faith and credit nor the taxing power of the State is pledged to the payment of any such liabilities.
[1999, c. 178, §1(NEW).]
6.Conflict of interest. A person may not hold office as an agency board member if the person owns, controls or otherwise has a direct financial interest in any competitive electricity provider. [1999, c. 178, §1(NEW).]
7.Reservation of powers. Nothing in this section limits any other power or authority that county commissioners or others may have to provide services, including services related to the purchase and sale of electricity. [1999, c. 178, §1(NEW).]
8.Subject to applicable law. Nothing in this section exempts an agency from the provisions of Title 35-A, including provisions relating to aggregators. [1999, c. 178, §1(NEW).]
1999, c. 178, § 1 (NEW) .