An Act to Provide Additional Financing for Costs Associated with the Remediation of a Waste Oil Site in Plymouth LR0990(02)
Maine Legislature, Session 121, LD 0645
Committee Amendment CA_A_H166 (House)
Amends: 10 MRSA §1023-M

COMMITTEE AMENDMENT "I}" to H.P. 475, L.D. 645, Bill, "An 
Act to Provide Additional Financing for Costs Associated with the 
Remediation of a Waste Oil Site in Plymouth" 
Amend the bill by striking out everything after the enacting 
clause and before the emergency clause and inserting in its place 
the following: 
'Sec. 1. 10 MRS A §1023-M, sub-§2, as amended by PL 2001, c. 
561, §l, is further amended by amending the first paragraph to 
read: 
2. 
Eliqibility to 
participate 
in 
loan 
proqram. 
The 
authority may use money in the fund to carry out any power of the 
authority under this section or under section 1026-S, including, 
but not limited to, the pledge or transfer and deposit of money 
in the fund as security for and the application of money in the 
fund in payment of principal, interest and other amounts due on 
insured loans. 
Money in the fund may be used for direct loans or 
deferred loans for all or part of the costs of the Plymouth waste 
oil site remedial study, past cost settlement, implementation of 
institutional 
controls 
selected 
by 
the 
United 
States 
Environmental Protection Agency to prevent use of contaminated 
groundwater by nearby residents and time-critical removal action 
costs when the authority determines that: 
Sec. 2. 10 MRSA §1023-M, sub-§2, as amended by PL 200L c. 
561, §1, is further amended by amending the 3rd paragraph from 
the end to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. f}" to H.P. 475, L.D. 645 
Money in the fund may not be used for attorney's fees associated 
with costs of the Plymouth waste oil site remedial study, past 
cost settlement, 
implementation of institutional controls or 
time-critical removal action, except that money in the fund may 
be used for attorney's fees incurred for the preparation of 
restrictive covenants, including deed and title research, for the 
properties within the 
area identified by 
the 
United State§ 
Enyironmental Protection Agency as the institutional control zone 
in order to implement the institutional controls §elected by the 
United States Environmental Protection Agency. 
Sec. 3. 10 MRS A §1023-M, sub-§2-A, as enacted by PL 2001, c. 
356, §7, is repealed. 
Sec. 4. 10 MRSA §1023-M, sub-§3, as enacted by PL 2001, c. 
356, §7, is amended to read: 
3. 
Determinations 
reqardinq eliqibility. 
~he--a~taetity 
sha.l-~&~~~&h-~-~~~~~--ef--all-~~-~-~~a~~~y--QBaeF 
sQ&SeetieB-~-~-hav€-~-~e~t4eR-~--theiF-~~~~-€~t6-~--the 
P.ymeQth-wa~te-~~-~1t~-FemeQial-6tQQY7-~-~-~~~~~~-aBa 
time-eritiea.--~~---aetie&--€~~~--~~--~~~6~aRt--~~--this 
seetieBT 
The 
authority 
shall 
adopt 
rules 
relating 
to 
e1igibili ty, including the calculation of an eligible person's 
proportionate 
share, 
procedures 
to 
ensure 
that 
money 
paid 
pursuant to this section is used to settle an eligible person's 
liabilities related to the waste oil disposal site and repayment 
of any amounts in excess of that person's share. 
Rules adopted 
pursuant to this subsection are 
routine technical 
rules 
as 
defined in Title 5, chapter 375, subchapter ±±-A 2-A. 
Sec. 5. 
Deadline for applications. 
Applications 
submitted 
pursuant to the Maine Revised Statutes, Title 10, section 1023-M, 
subsection 2 must be received by the Finance Authority of Maine 
within 90 days after the effective date of this Act, except that 
the Finance Authority of Maine may extend that deadline by an 
additional period of time not to exceed 60 days for good cause 
shown. ' 
SUMMARY 
This 
amendment 
replaces 
the bill. 
Like 
the bill, it 
authorizes the Finance Authority of Maine to provide loans to 
potentially responsible parties for the cost of 
implementing 
institutional controls at the federally designated Superfund site 
at Hows Corner in Plymouth. 
The amendment also allows money in 
the loan fund to be used for attorney's fees incurred for the 
preparation of restrictive covenants for properties within the 
institutional 
control 
zone 
in 
order 
to 
implement 
the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "ft. to H.P. 475, L.D. 645 
insti tutional 
controls. 
The 
amendment 
also 
provides 
that 
applications for loans must be submitted to the Finance Authority 
of Maine within 90 days after the effective date of the bill, as 
amended. 
Finally, the amendment deletes the requirement for the 
Finance Authority of Maine to establish a registry of all persons 
who are eligible for loans. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/11/03 ;t;?ac 
Office of Fiscal and Program Review 
LD645 
An Act to Provide Additional Financing for Costs Associated with the 
Remediation of a Waste Oil Site in Plymouth 
LR0990(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0990(2) - Fiscal Note - Page 1 of 1