SESSION F: Part I
Summary of Water-Related Issues Currently or Recently in the Legislature
Signed
LD 188: An Act To Promote the Uniform Implementation of the Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas
This bill makes the effective date for rules regulating timber harvesting activities in shoreland areas within the jurisdiction of the Maine Land Use Regulation Commission contingent on acceptance by more than half of the State's municipalities of the statewide standards in accordance with the Maine Revised Statutes, Title 38, section 438-B. It amends a provision in chaptered law that required changes in these rules adopted by the Maine Land Use Regulation Commission to become effective January 1, 2006.
Notes: Signed by the Governor 05/25/2005.
LD 608: An Act To Assist Municipal Implementation and Enforcement of Storm Water Management Programs
This bill assists municipalities in implementing and enforcing storm water management programs to regulate and control storm water pollution. The bill ensures that the District Court and Superior Court have concurrent jurisdiction to hear enforcement actions brought by municipalities regarding violations of ordinances and ordinance provisions they are required to enact, implement and enforce regarding nonstorm water discharges, construction site runoff and postconstruction storm water management. The bill also adds these ordinances to the list of environmental ordinances that the municipality may enforce using the land use enforcement mechanism, pursuant to the Maine Rules of Civil Procedure, Rule 80K, authorizing code enforcement officers to prosecute certain violations and by which a prevailing municipality may obtain a fine, injunctive relief or payment of attorney's fees, expert witness fees and costs from the violator if the municipality prevails.
Notes: Signed by the Governor-05/26/2005.
LD 625: Resolve, Regarding Legislative Review of Chapter 500: Stormwater Management and Chapter 502: Direct Watersheds of Lakes Most at Risk from New Development and Urban Impaired Streams, Major Substantive Rules of the Department of Environmental Protection
This resolve provides for legislative review of Chapter 500: Stormwater Management and Chapter 502: Direct Watersheds of Lakes Most at Risk from New Development and Urban Impaired Streams, major substantive rules of the Department of Environmental Protection.
Notes: Signed by the Governor (Emergency Measure)- 06/03/2005.
LD 667: Resolve, Regarding Nonnative Invasive Marine Species
This resolve requires all the appropriate agencies in the State to participate in the development of practices and procedures to ensure that nonnative invasive marine species are not introduced by ships entering the Gulf of Maine. This resolve also requires the Department of Marine Resources in consultation with the Dept. of Environmental Protection to submit a report to the Joint Standing Committee on Natural Resources by February 1, 2006 on issues related to nonnative invasive marine species.
Notes: Signed by the Governor 05/25/2005.
LD 1017: An Act To Fight Sprawl and Ensure That Public Lands Are Equitably Distributed
This bill requires the Land for Maine's Future Board to report annually to the joint standing committee of the Legislature having jurisdiction over matters pertaining to state parks and public lands on the expenditures made and acreage acquired and leased on a county-by-county basis. The bill also requires that the majority of expenditures from the Land for Maine's Future Fund and the Public Access to Maine Waters Fund during a 2-year period must be used for land acquisition in the 8 counties that are below the state median in percentage of public land.
Notes: Signed by the Governor 05/25/2005.
LD 1304: An Act Concerning Invasive Species and Water Quality Standards
This bill amends water quality standards to allow the Department of Environmental Protection to approve aquatic chemical or pesticide discharges for the purpose of restoring biological communities affected by invasive species, for Class AA, A, B and C waters, for tributaries to GPA waters and in drainage areas of less than 10 square miles. The bill adds similar authority for GPA waters and clarifies text. The bill allows the Department of Environmental Protection to approve a chemical treatment to waters with a drainage area of less than 10 miles for the purpose of restoring water quality in GPA waters. The bill adds a definition of "invasive species" to the water classification program.
Notes: Signed by the Governor 05/20/2005.
LD 1558: An Act Concerning Storm Water Management
- This bill amends the laws governing waste discharge in the following ways
A. It provides that the Department of Environmental Protection may exempt or license by rule discharges of storm water to groundwater from surface wastewater disposal systems if such discharges will not have a significant adverse effect on the quality or classification of waters of the State. Rules adopted to implement these provisions are routine technical rules.
B. It provides that the department may exempt, in addition to license by rule, subsurface discharges to groundwater from subsurface wastewater disposal systems if such discharges will not have a significant adverse effect on the quality or classification of waters of the State. Rules adopted to implement these provisions would continue to be routine technical rules.
- This bill amends the laws governing storm water management in the following ways.
A. It changes the permitting threshold in the storm water management laws to one acre or more of disturbed area
B. It removes language providing that storm water quality standards only apply in the direct watersheds of water bodies most at risk from development and in sensitive or threatened geographic regions or watersheds.
C. It repeals an exemption for construction projects at industrial facilities for which a federal storm water permit application has been made or construction projects at facilities for which storm water is regulated under an existing federal discharge permit.
D. It changes the fee provisions in the storm water management laws.
E. It authorizes the department to require a person owning or operating a significant existing source of storm water to implement a storm water management system
F. It provides transition provisions.
Notes: Signed by the Governor 05/25/2005. LD 1643: An Act To Clarify and Harmonize State Policy on Groundwater Management
This bill directs the Department of Conservation, the Department of Environmental Protection and the Department of Health and Human Services, when permitting groundwater withdrawals, to consider the effect of the proposed withdrawal on water-related natural resources and existing uses and the effect when considered in combination with existing water withdrawals. It further directs those departments and the Maine Land Use Regulation Commission to develop consistent review criteria for groundwater withdrawal applications by January 1, 2006 and to submit a report to the Governor and Legislature summarizing this effort. The Department of Environmental Protection and the Department of Health and Human Services, the Maine Land Use Regulation Commission and the Maine Geological Survey are directed to review application fees to ensure that they adequately reflect the true cost of review. The Land and Water Resources Council is directed to undertake a comprehensive study of state groundwater regulations. The purpose of the study is to identify any further changes in state law needed to ensure a consistent, integrated and scientifically sound state policy with regard to groundwater withdrawal. The Land and Water Resources Council will report its findings to the Legislature by January 15, 2007. Those agencies will adopt any major substantive rules recommended by the Land and Water Resources Council by March 15, 2007.
Notes: Signed by the Governor 06/23/2005.
Not Yet Passed
LD 99: An Act To Include Specific Bodies of Water within Class C Standards
The bill requires all Class C waters to meet a 6.5 parts per million dissolved oxygen 30-day average standard whenever the daily water temperature is equal to or less than 24 degrees centigrade or the ambient temperature of the water body, whichever is lower.
Notes: Last House Action-01/11/2005 - Committee on NATURAL RESOURCES suggested and ordered printed. Bill REFERRED to the Committee on NATURAL RESOURCES. Sent for concurrence. ORDERED SENT FORTHWITH.
Last Senate Action-06/09/2005 - Under suspension of the Rules Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD).
LD 1776: An Act To Establish the Maine Agricultural Drought Protection Act
The purpose of this bill is to ensure reasonable use of water during severe agricultural droughts when that use may be limited. The bill creates the Maine Agricultural Water Management Board and directs the board to establish a drought protection program.
Notes: Last Senate Action-12/28/2005 - Received by the Secretary of the Senate on December 28, 2005 and REFERRED to the Committee on AGRICULTURE, CONSERVATION AND FORESTRY pursuant to Joint Rule 308.2.
LD 1792: An Act To Protect Maine Families and the Environment by Improving the Collection and Recycling of Mercury Thermostats
This bill requires that beginning January 1, 2007 manufacturers of thermostats containing mercury that are sold in this State pay a minimum of $5 for each thermostat containing mercury brought to a state-approved collection site. This bill also requires that manufacturers of thermostats containing mercury that are sold in this State report annually to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the fees imposed and to the Department of Environmental Protection on the results of the thermostat collection and recycling efforts.
Notes: Received by the Secretary of the Senate on December 28, 2005 and REFERRED to the Committee on NATURAL RESOURCES pursuant to Joint Rule 308.2.
LD 1803: An Act To Create a Maine Agricultural Water Source Development and Management Program
This bill establishes an agricultural water source development and management program to ensure that agricultural producers have access to water for crop and livestock needs, especially during agricultural droughts. This bill also establishes the Maine Agricultural Water Management Board.
Notes: 12/28/2005 - Received by the Secretary of the Senate on December 28, 2005 and REFERRED to the Committee on AGRICULTURE, CONSERVATION & FORESTRY pursuant to Joint Rule 308.2.
LD 1863: An Act To Permit Supplemental Environmental Projects for Forest Practices Violations
This bill replicates existing law relating to the Department of Environmental Protection within the Title of the Maine Revised Statutes relating to the Department of Conservation, Bureau of Forestry. It would allow the Bureau of Forestry to incorporate a supplemental environmental project into the settlement of a civil enforcement action for any violation of any of the provisions of the forest practices laws administered by the bureau. "Supplemental environmental project" under the bill means an environmentally beneficial project primarily benefiting the public health or the environment that a violator is not otherwise required or likely to perform.
Notes: Received by the Clerk of the House on December 28, 2005. The Bill was REFERRED to the Committee on AGRICULTURE, CONSERVATION AND FORESTRY pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
LD 1925: An Act To Protect Maine's Groundwater Resources
The purpose of this bill is to establish a reasonable use rule for groundwater withdrawals and to reject the common law doctrine of absolute dominion. The bill permits a landowner to make any reasonable use of the groundwater underlying the landowner's land and defines "reasonable use."
Notes: Last Senate Action-01/04/2006 - Committee on Natural Resources suggested & ordered printed.
LD 1937: An Act To Implement the Recommendations of the Governor's Task Force Regarding the Shutdown of the Maine Energy Recovery Company Trash-burning Facility in Biddeford
This bill proposes to implement the recommendations of the Governor's task force regarding the shutdown of the Maine Energy Recovery Company trash-burning facility in Biddeford.
Notes: Last House Action-01/05/2006 - Bill REFERRED to the Committee on NATURAL RESOURCES. In concurrence. ORDERED SENT FORTHWITH.
Last Senate Action - 01/04/2006 - Committee on Natural Resources suggested and ordered printed. On motion by Senator Martin of Aroostook REFERRED to the Committee on NATURAL RESOURCES Ordered sent down forthwith for concurrence. |
