An Act To Improve Public Understanding in Rulemaking Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. I. 5 MRSA §8052, sub-§5, as amended by PL 1997, c. 196, §1, is further amended to read: 5. Written statement adopted. At the time of adoption of any rule, the agency shall adopt a written statement explaining the factual and policy basis for the rule. The agency shall list the names of persons whose comments were received, including through testimony at hearings, the organizations the persons represent and summaries of their comments. The agency shall address the specific comments and concerns expressed about any proposed rule and state its rationale for adopting any changes from the proposed rule, failing to adopt the suggested changes or drawing findings and recommendations that differ from those expressed about the proposed rule. For rules that have received a public hearing, the agency shall identify the primary sources of information relied on in establishing the primary provisions of the rule. A. If the same or specific issue were similar comments or concerns about a expressed by different persons or Page 1-LR1371(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0942
Committee Amendment CA_A_H767 (House)
Amends: 5 MRSA §8052, 5 MRSA §8053

COMMITTEE AMENDMENT "{},, to H.P. 699, L.D. 942, Bill, 
To Create Guidelines To Promote Good Science in Rulemaking" 
"An 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Improve Public Understanding in Rulemaking' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. I. 5 MRSA §8052, sub-§5, as amended by PL 1997, c. 196, 
§1, is further amended to read: 
5. 
Written statement adopted. 
At the time of adoption of 
any rule, the agency shall adopt a written statement explaining 
the factual and policy basis for the rule. 
The agency shall list 
the names of persons whose 
comments were received, 
including 
through testimony at hearings, 
the organizations the persons 
represent and summaries of their comments. 
The agency shall 
address the specific comments and concerns expressed about any 
proposed rule and state its rationale for adopting any changes 
from the proposed rule, failing to adopt the suggested changes or 
drawing 
findings 
and 
recommendations 
that differ 
from 
those 
expressed about the proposed rule. 
For rules that have received 
a public hearing, the agency shall identify the primary sources 
of information relied on in establishing the primary provisions 
of the rule. 
A. 
If the same or 
specific 
issue 
were 
similar comments or concerns about a 
expressed 
by 
different 
persons 
or 
COMMITTEE AMENDMENT 
" 
~ 
COMMITTEE AMENDMENT .. (j.. to H.P. 699, L.D. 942 
organizations, the agency may synthesize these comments and 
concerns into a single comment that accurately reflects the 
meaning and intent of these comments and concerns to be 
addressed by the agency, listing the names of the persons 
who commented and the organizations they represent. 
B. 
A rule may not be adopted unless the adopted rule is 
consistent with the terms of the proposed rule, except to 
the extent that the agency determines that it is necessary 
to address concerns raised in comments about the proposed 
rule, or specific findings are made supporting changes to 
the proposed rule. 
The agency shall maintain a file for 
each rule adopted that must include, in addition to other 
documents required by this Act, 
testimony, 
comments, 
the 
names of persons who commented and the organizations they 
represent 
and 
information 
relevant 
to 
the 
rule 
and 
considered by the agency in connection with the formulation, 
proposal or adoption of a rule. 
If an agency determines 
that 
a 
rule 
that 
the 
agency 
intends 
to 
adopt 
is 
substantially different from the proposed rule, the agency 
shall 
request 
comments 
from 
the 
public 
concerning 
the 
changes from the proposed rule. 
The agency may not adopt 
the rule for a period of 30 days from the date comments are 
requested pursuant to this paragraph. 
Notice of the request 
for comments must be published by the Secretary of State in 
the same manner as notice for proposed or adopted rules. 
C. 
If the adoption under this subsection is final adoption 
of a 
major substantive rule under subchapter ~~-A 2-A, 
the 
agency must include in 
its written statement citation of 
the 
legislative act authorizing final 
adoption of that 
rule; or, if authorization is the result of failure of the 
Legislature to act under section 8072, 
subsection 7, the 
agency must indicate that fact and identify the date the 
agency filed the rule for review under section 8072. 
Sec. 2. 5 MRSA §8053, sub-§3-A, as amended by PL 2003, c. 207, 
§2, is further amended to read: 
3-A. 
Copies of proposed ru1es available upon request. At 
least 20 days prior to 
~ hearing on any proposed rule and at 
least 20 days prior to the comment deadline of any rule without a 
hearing, 
the agency shall make 
copies of the proposed rule 
available 
in writing 
or, 
with 
agreement 
of 
the 
requestor, 
electronically to persons upon request. 
At least 20 days prior 
to a hearing on any proposed rule, the agency shall provide to 
persons upon request a list of the primary sources of information 
relied on in establishing the primary provisions of the proposed 
rule as required in section 8052, subsection 5.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~" to H,P, 699, L.n. 942 
SUMMARY 
This 
amendment 
replaces 
the 
bill 
and 
is 
the 
majority 
report. 
It requires state agencies to make available to the 
public primary sources of information that support the primary 
provisions in proposed rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 01116/04 .;:t;?ae 
I2lst Maine Legislature 
Office of Fiscal and Program Review 
LD942 
An Act to Create Guidelines to Promote Good Science in Rulemaking 
LR 1371(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Minor cost increase - General Fund 
Departments and agencies within state government will be able to administer these proposed changes in the 
rulemaking process. Any additional costs resulting from these changes will be absorbed by these agencies utilizing 
existing budgeted resources. 
LR1371(2) - Fiscal Note - Page 1 of 1