What's in the Legislature?
A facilitated discussion of current and recent issues in the legislature; Who's testifying for what this session; What are our state legislators hearing and from whom; On what issues do they need more information; How can science address policy needs; How can policy makers address science and public needs; What was accomplished and what business remains unfinished for the current/last session?

Session Chair/Facilitator:
Rob Sanford, University of Southern Maine (USM)
Rob Sanford is Associate Professor of Environmental Science & Policy at USM. He was a member of the Maine Smart Growth Institute faculty and he consults on environmental planning.

Session Panelists:
Maine Representative Robert A. Daigle, (R-Arundel)
Maine Representative Theodore Koffman, (D-Bar Harbor)
Maggie Shannon, Maine Congress of Lake Associations
Nick Bennett, Natural Resources Council of Maine

Following is a brief summary of water-related issues currently or recently in the legislature:
 

Land Conservation
Land for Maine's Future LD 1776
An Act To Authorize a General Fund Bond Issue in the Amount of $150,000,000 To Finance the Acquisition of Land and Interest in Land for Conservation, Water Access, Outdoor Recreation, Wildlife and Fish Habitat and Farmland Preservation and To Access $50,000,000 in Matching Contributions from Public and Private Sources" (Rep. John Richardson) (GOVERNOR'S BILL)

Land for Maine's Future LD 1878
An Act To Authorize a General Fund Bond Issue in the Amount of $65,000,000 to Finance the Acquisition of Land and Interest in Land for Conservation, Water Access, Outdoor Recreation, Wildlife and Fish Habitat and Farmland Preservation; To Fund Capital Improvements to State Parks and Other Historic Public Areas; and To Access $30,250,000 in Matching Contributions from Public and Private Sources (Rep. John Richardson) (GOVERNOR'S BILL)
 

Lakes, Rivers and Wetlands
Great Ponds Act- LD 1675 (Re-open)
The Great Ponds Act created a time-limited process for local input on the surface uses of Maine lakes. After the expiration of that process, many initiatives requesting regulation of surface use have been brought before the legislature. The frequency with which these bills appear shows that conflict over surface use of Maine's lakes is a constant, if not increasing, fact of life in our state. It is inefficient and wasteful for the legislature to consider these requests on a case by case, lake by lake basis. A permanent and efficient process should be provided to citizens of the State so that competing interests about lake use can be separated, and conflicts resolved when a majority of voters so desires. This bill provides that process. (Rep. Matthew Dunlap)

Water Milfoil LD 1723
Amendments suggested jointly by DEP and DIF&W give the commissioners of these agencies the authority to "issue an emergency order to restrict access or prohibit the use of any watercraft on all or a portion of a water body that has a confirmed infestation of an invasive plant." In addition, the emergency order may require inspections and cleaning of boats, trailers and equipment upon removal at sites that have been identified in the order.

Specifies that a person who violates a surface use restriction order commits a civil violation and may be fined $500 to $5,000. Persons launching or operating motorboats or personal watercraft without having a lake and river protection sticker commit a civil violation for which they may be fined $100 to $250. Wording relating to towns' use of harbor masters for enforcement is in the works but not yet available. Other changes may be added, but that is unlikely this late in the session. (Sen. John Martin)

Maine Wetland Protection Act - LD 1837 (carry-over)
Requires any activity involving 15,000 sq.ft. - 1 ac of Federally designated wetlands to comply with Maine's Natural Resources Protection Act, Title 38, Ch. 3, Art. 5-A.
An Act To Amend the Dissolved Oxygen and Bacteria Standards for Certain Waters LD 1899 (LD 1845) Amends the Dissolved Oxygen and Bacteria Standard for Class C non-Marine Waters. (Maine DEP, Joint Standing Committee on Natural Resources)
 

Water Quality in Urban Areas
Storm Water Management LD 1866
An Act Relating to Storm Water Management (Joint Standing Committee on Natural Resources)

Funding of Water Pollution Control Facilities - LD 1876
An Act To Authorize a General Fund Bond Issue in the Amount of $16,600,000 To Construct and Upgrade Water Pollution Control Facilities, To Remediate Solid Waste Landfills, To Clean Up Uncontrolled Hazardous Substance Sites, To Provide Municipal Stormwater Management Assistance, To Investigate and Remediate Municipal Brownfields, To Construct and Upgrade Public Water Systems and To Remediate Lead Paint in Low-income Households (Sen. John Martin) (GOVERNOR'S BILL)
 

Natural Resources Protection
Sand Dune Protection LD 1849
Resolve, Regarding Legislative Review of Chapter 355: Sand Dune Rules, a Major Substantive Rule of the Maine DEP.

Vegetation Clearing LD 1858
An Act To Change the Point System for Clearing Vegetation Adjacent to Protected Natural Resources (Joint Standing Committee on Natural Resources)
 

Endangered Species
An Act To Amend Water Quality Laws To Aid in Wild Atlantic Salmon Restoration LD 1833 (signed to PL 3/24/04, Ch. 574)
The purpose of this act is to aid in the restoration of wild Atlantic Salmon in the State. Allows discharges into state waters for the purpose of restoring rivers or tributaries to a state that is closer to their historically natural, physical, chemical and biological qualities. (Rep.Theodore Koffman) (GOVERNOR'S BILL)
 

Marine Resources
Aquaculture - LD 1857
An Act To Implement the recommendations of the Task Force on the Planning and Development of Marine Aquaculture in Maine. (Task Force on the Planning and Development of Marine aquaculture in Maine) LD 939 An Act To Repeal the Fee on Aquacultural Salmon production (Rep. Jeff Kaelin). LD 1279 Resolve, Related to Aquaculture Leases in Blue Hill Bay (Sen. Dennis Damon)
 

Waste Handling and Disposal
An Act To Amend the Waste Management Laws Regarding the Spreading of Sludge on Land -PL 2003, Ch. 231 (former session)
Use of residuals containing human pathogens. The department may not license the utilization and distribution of residuals containing human pathogens, such as municipal treatment plant sludge, under permit-by-rule provisions established by the department pursuant to the provisions of section 344, subsection 7. Maine DEP shall establish and maintain a list of interested parties, including a statewide organization that represents municipalities in this State, to whom notice of license applications and applications to modify existing licenses for the distribution in this State of composted sludge must be provided. In addition, the department shall electronically mail the notice to each municipality in the State that is equipped to receive electronic mail. Notice must be provided upon the department's finding that the application is complete for processing.

An Act To Protect Public Health by Reducing Human Exposure to Arsenic - PL 2003, Ch. 457 (former session)
Reports on management of arsenic-treated wood and reducing arsenic exposure and ensuring safe drinking water from private wells. The Department of Human Services, Bureau of Health shall submit a report no later than October 1, 2004 to the Joint Standing Committee on Natural Resources and the Joint Standing Committee on Health and Human Services after consultation with a diverse group of interested parties. The report must contain an assessment of the need for a comprehensive safe drinking water program for private wells to address arsenic and other contaminants of human health concern and recommendations to address identified needs. DEP plan of safe management of arsenic-treated wood by January 1, 2005.

Household Hazardous Waste - LD 1806
Provide safe disposal of household hazardous waste: requires town officials to collaborate by county to designate a site to accept household hazardous waste for year-round disposal. Towns may impose fees. (Rep. Darlene Curley)
 

Climate Change
An Act To Provide Leadership in Addressing the Threat of Climate Change PL 2003 Ch. 237 (former session)
Defines "greenhouse gas" as any chemical or physical substance that is emitted into the air and that the department determines by rule may reasonably be anticipated to cause or contribute to climate change. Rules adopted by the department pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Reduction by 2010 - In the short term, reduction to 1990 levels by January 1, 2010; Reduction by 2020 - In the medium term, reduction to 10% below 1990 levels by January 1, 2020; Long-term reduction - In the long term, reduction sufficient to eliminate any dangerous threat to the climate. To accomplish this goal, reduction to 75% to 80% below 2003 levels may be required. Climate Action Plan and Progress Evaluation By July 1, 2004, the DEP, with input from stakeholders, shall adopt a state climate action plan to meet the reduction goals specified in section 576. The action plan must address reduction in cost-effective ways and must allow sustainably- managed forestry, agricultural and other natural resource activities to be used to sequester greenhouse gas emissions. The DEP shall submit the action plan to the joint standing committee of the Legislature having jurisdiction over natural resources matters. Every 2 years, the DEP shall evaluate the State's progress toward meeting the reduction goals specified in section 576 and shall amend the action plan as necessary to ensure that the State can meet the reduction goals.
 

Groundwater Protection
MTBE - LD 1870 (former session)
Beginning Jan. 1, 2007, a person may not sell, offer for sale, distribute or blend in this State gasoline that contains more than ½ of 1% by volume MTBE that is intended for sale to ultimate consumers in this State. Not-withstanding sub. 2, whenever the commissioner finds that a danger to public health or safety exists due to low supply of gasoline in the State, the commissioner may issue an emergency order waiving the sales prohibition. By March 1, 2006, the DEP shall present a report to the joint standing committee of the Legislation having jurisdiction over natural resources matters on the implementation and status of the prohibition on the sale of gasoline containing more than ½ of 1% by volume MTBE.
 

ATV Task Force
An Act To Implement the Recommendations of the Governor's Task Force on ATV Issues - LD 1912 (HP 1413) (Representative Roger Landry)
Selected introductory text from the ATV Task Force Report: Mainers are using all-terrain vehicles (ATVs) for work and for play, on farms and in the woods, to hunt, to fish, to garden and to travel. In the past 10 years, the number of ATVs registered in Maine has increased 136 percent. In the same period, retail sales of ATVs in Maine jumped 574 percent, to nearly 10,000 annually. ATVs now are outselling snowmobiles by a wide margin at many Maine dealerships. A serious concern is the toll ATVs are taking on Maine's land and the good will of Maine's landowners. Although there are many responsible ATV riders, irresponsible ones are trespassing, digging up land, polluting streams and angering landowners. Gov. John Baldacci formed a task force to study the issues surrounding ATVs in Maine. Fifteen persons were chosen for the task force from state agencies and outdoor organizations. The final report of the ATV Task Force was issued in December, 2003. (GOVERNOR'S BILL)